Notice of Certain Operating Cost Adjustment Factors for 2009, 66668-66669 [E8-26655]
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Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Notices
APPENDIX A—FISCAL YEAR 2007 FUNDING AWARDS FOR THE ROSS FAMILY AND HOMEOWNERSHIP PROGRAM—
Continued
Recipient
Address/city/state/zip code
Pleasant View Tenant Association, Incorporated ...........................................................
101 Pleasant View Avenue, Danville, VA
24541–3432.
2624 Salem Turnpike, Northwest, Roanoke, VA 24017–3059.
902 South L Street, Tacoma, WA 98405 ..
2500 Main Street, Vancouver, WA, 98660
600 Andover Park West, Tukwila, WA,
98188–3326.
9307
Bayshore
Drive,
Northwest,
Silverdale, WA 98383.
P.O. Box 19028, 120 Sixth Avenue North,
Seattle, WA 98109–1028.
809 North Broadway, Milwaukee, WI
53202.
300 Seventh Avenue West, Huntington,
WV 25701.
Roanoke Redevelopment and Housing Authority ..........................................................
Housing Authority of the City of Tacoma .......................................................................
Housing Authority of the City of Vancouver ...................................................................
King County Housing Authority .......................................................................................
Kitsap County Consolidated Housing Authority ..............................................................
Seattle Housing Authority ...............................................................................................
Housing Authority of the City of Milwaukee ...................................................................
The Huntington West Virginia Housing Authority ...........................................................
[FR Doc. E8–26657 Filed 11–7–08; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. 5263–N–01]
Notice of Certain Operating Cost
Adjustment Factors for 2009
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
jlentini on PROD1PC65 with NOTICES
SUMMARY: This notice establishes, for
2009, operating cost adjustment factors
(OCAFs). OCAFs are annual factors used
to adjust Section 8 rents renewed under
section 524 of the Multifamily Assisted
Housing Reform and Affordability Act
of 1997 (MAHRA).
DATES: Effective Date: February 11,
2009.
FOR FURTHER INFORMATION CONTACT:
Judith May, Director, Office of
Evaluation, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Washington, DC 20410; telephone
number 202–402–3239 (this is not a tollfree number). Hearing- or speechimpaired individuals may access this
number through TTY by calling the tollfree Federal Information Relay Service
at 800–877–8339.
SUPPLEMENTARY INFORMATION:
I. OCAFs
Section 514(e)(2) of MAHRA requires
HUD to establish guidelines for rent
adjustments based on an OCAF. The
statute requiring HUD to establish
OCAFs for LIHPRHA projects and
projects with contract renewals or
adjustments under section 524 of
VerDate Aug<31>2005
16:09 Nov 07, 2008
Jkt 217001
MAHRA is similar in wording and
intent. HUD has therefore developed a
single factor to be applied uniformly to
all projects utilizing OCAFs as the
method by which renewal rents are
established or adjusted.
LIHPRHA projects are low-income
housing projects insured by the Federal
Housing Administration (FHA).
LIHPRHA projects are primarily lowincome housing projects insured under
section 221(d)(3) below-market interest
rate (BMR) and section 236 of the
National Housing Act, respectively.
Both categories of projects have lowincome use restrictions that have been
extended beyond the 20-year period
specified in the original documents, and
both categories of projects also receive
assistance under section 8 of the U.S.
Housing Act of 1937 to support the
continued low-income use. The OCAF
rent adjustments are designed to cover
increases in project operating costs.
Contract rents are adjusted by applying
the OCAF to that portion of the rent
attributable to operating expenses and
making adjustments for increases or
decreases in non-operating costs, such
as debt service.
Additionally, MAHRA gives HUD
broad discretion in setting OCAFs—
referring, for example, in sections
524(a)(4)(C)(i), 524(b)(1)(A), 524(b)(3)(A)
and 524(c)(1) simply to ‘‘an operating
cost adjustment factor established by the
Secretary.’’ The sole limitation to this
grant of authority is a specific
requirement in each of the foregoing
provisions that application of an OCAF
‘‘shall not result in a negative
adjustment.’’ OCAFs are to be applied
uniformly to all projects utilizing
OCAFs as the method by which rents
are established or adjusted. OCAFs are
applied to project contract rent less debt
service.
PO 00000
Frm 00079
Fmt 4703
Sfmt 4703
Amount
125,000
350,000
350,000
249,975
350,000
250,000
349,940
350,000
250,000
HUD calculates the average, per unit,
change in operating costs (excluding
debt service and bad debt expense), by
state, for all projects submitting
consecutive valid financial statement
reports with fiscal year end dates
between July 31, 2006 and July 31, 2008.
The projects comprise all multifamily
properties excluding nursing homes and
hospitals. Furthermore, data for projects
with unusually high or low expenses
due to unusual circumstances were
deleted from the analysis. These
changes in actual operating costs
experienced by properties within HUD’s
portfolio have become the FY 2009
OCAFs.
OCAFs continue to be published at
the state level. States are the lowest
level of geographical aggregation at
which there are enough projects to
permit statistically reliable analysis.
Additionally, no data were available for
the Western Pacific Islands. Data for
Hawaii was therefore used to generate
OCAFs for these areas.
II. MAHRA and LIHPRHA OCAF
Procedures
MAHRA, as amended, created the
Mark-to-Market Program to reduce the
cost of federal housing assistance,
enhance HUD’s administration of such
assistance, and ensure the continued
affordability of units in certain
multifamily housing projects. Section
524 of MAHRA authorizes renewal of
Section 8 project-based assistance
contracts for projects without
restructuring plans under the Mark-toMarket Program, including projects that
are not eligible for a restructuring plan
and those for which the owner does not
request such a plan. Renewals must be
at rents not exceeding comparable
market rents except for certain projects.
As an example, for Section 8 Moderate
E:\FR\FM\10NON1.SGM
10NON1
Federal Register / Vol. 73, No. 218 / Monday, November 10, 2008 / Notices
Rehabilitation projects, other than single
room occupancy projects (SROs) under
the McKinney-Vento Homeless
Assistance Act (42 U.S.C. 11301 et seq.),
that are eligible for renewal under
section 524(b)(3) of MAHRA, the
renewal rents are required to be set at
the lesser of: (1) The existing rents
under the expiring contract, as adjusted
by the OCAF; (2) fair market rents (less
any amounts allowed for tenantpurchased utilities); or (3) comparable
market rents for the market area.
LIHPRHA (see, in particular, section
222(a)(2)(G)(i), 12 U.S.C. 4112(a)(2)(G)
and the regulations at 24 CFR
248.145(a)(9)) requires that future rent
adjustments for LIHPRHA projects be
made by applying an annual factor to be
determined by HUD to the portion of
project rent attributable to operating
expenses for the project and, where the
owner is a priority purchaser, to the
portion of project rent attributable to
project oversight costs.
III. Findings and Certifications
Environmental Impact
This issuance sets forth rate
determinations and related external
administrative requirements and
procedures that do not constitute a
development decision affecting the
physical condition of specific project
areas or building sites. Accordingly,
under 24 CFR 50.19(c)(6), this notice is
categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321).
Catalog of Federal Domestic Assistance
Number
The Catalog of Federal Domestic
Assistance Number for this program is
14.187.
Dated: October 28, 2008.
Brian D. Montgomery,
Assistant Secretary for Housing—Federal
Housing Commissioner.
Operating Cost Adjustment Factors for
2009
jlentini on PROD1PC65 with NOTICES
Alabama ....................................
Alaska .......................................
Arizona ......................................
Arkansas ...................................
California ...................................
Colorado ...................................
Connecticut ...............................
Delaware ...................................
District of Columbia ..................
Florida .......................................
Georgia .....................................
Hawaii .......................................
VerDate Aug<31>2005
16:09 Nov 07, 2008
4.3%
3.0%
12.4
5.0
3.7
4.7
3.7
5.7
2.0
5.7
4.9
5.5
7.9%
Jkt 217001
4.3%
Idaho .........................................
Illinois ........................................
Indiana ......................................
Iowa ..........................................
Kansas ......................................
Kentucky ...................................
Louisiana ..................................
Maine ........................................
Maryland ...................................
Massachusetts ..........................
Michigan ...................................
Minnesota .................................
Mississippi ................................
Missouri ....................................
Montana ....................................
Nebraska ..................................
Nevada .....................................
New Hampshire ........................
New Jersey ...............................
New Mexico ..............................
New York ..................................
North Carolina ..........................
North Dakota ............................
Ohio ..........................................
Oklahoma .................................
Oregon ......................................
Pacific Islands ...........................
Pennsylvania ............................
Puerto Rico ...............................
Rhode Island ............................
South Carolina ..........................
South Dakota ............................
Tennessee ................................
Texas ........................................
Utah ..........................................
Vermont ....................................
Virgin Islands ............................
Virginia ......................................
Washington ...............................
West Virginia ............................
Wisconsin .................................
Wyoming ...................................
4.7%
3.9
6.1
3.5
6.1
4.9
5.7
5.0
4.5
3.7
3.3
5.5
8.0
3.7
4.3
4.4
2.4
3.3
2.7
6.1
3.9
2.8
2.4
3.8
4.0
7.9
7.9
5.2
2.9
5.0
5.4
5.2
4.8
3.4
4.0
2.8
0.0
3.4
2.3
2.6
3.9
3.5
[FR Doc. E8–26655 Filed 11–7–08; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
National Park Service
Appendix
U.S. Average
U.S. Average
Abbreviated Final Environmental
Impact Statement/Comprehensive
Management Plan; Ala Kahakai
National Historic Trail, Hawaii County,
HI; Notice of Availability
Summary: Pursuant to § 102(2)(c) of
the National Environmental Policy Act
of 1969 (Pub. L. 91–190, as amended),
and the Council on Environmental
Quality Regulations (CEQ) (40 CFR Part
1500–1508), the National Park Service,
Department of the Interior, has prepared
an abbreviated final environmental
impact statement for the proposed
Comprehensive Management Plan for
the Ala Kahakai National Historic Trail
(NHT) located on the island of Hawaii.
Three CMP alternatives are identified
and analyzed relative both to NPS
PO 00000
Frm 00080
Fmt 4703
Sfmt 4703
66669
planning requirements and to the
public’s concerns and issues identified
during the scoping and public
involvement process (in addition to a
no-action alternative, an
environmentally preferred alternative is
also identified). Each alternative
presents administrative, management,
and partnership strategies for resource
protection and preservation, education
and interpretation, visitor uses and
facilities, and long-term operations and
management of the national trail. The
potential environmental consequences
of all the alternatives, and appropriate
mitigation strategies, are identified and
analyzed.
Background: On April 4, 2003, the
Federal Register published the Notice of
Intent to prepare an environmental
impact statement (EIS) for the
comprehensive management plan (CMP)
for the Ala Kahakai National Historic
Trail. The initial scoping phase was
designed to proactively elicit public
issues, concerns, and other relevant
information deemed necessary to
address during the overall planning. A
total of 200 people representing the
general public, private landowners, trail
advocacy groups, Native Hawaiian
organizations, and state, county, and
federal agencies participated overall.
Several public meetings around the
island were hosted (about 25 comment
forms were returned to the trail office).
In addition, the NPS planning team met
with numerous individuals, community
groups, private landowners, and
government agency representatives to
understand their concerns and visions
for the Ala Kahakai NHT. The scoping
phase extended through June 28, 2003.
The NPS encouraged public
involvement during two additional
phases of the EIS process. In the second
phase, the NPS engaged the public in
developing preliminary alternatives
intended to address the specific issues
and concerns that surfaced during the
public scoping. Nine public workshops
were held around the island of Hawaii.
The third phase of involvement
afforded the opportunity for public
review of the Draft EIS/CMP, notice of
which appeared in the Federal Register
on October 26, 2007. Government
entities and the public were invited to
submit comments by regular mail, email, fax, and online. In addition, the
NPS held seven public meetings on the
island of Hawaii in November 2007 to
provide further opportunity to learn
about the proposed plan and to offer
comments; over 90 people attended
these meetings. The formal comment
period closed on December 31, 2007,
although the NPS received several
comments during the next two weeks.
E:\FR\FM\10NON1.SGM
10NON1
]]>Agencies
[Federal Register Volume 73, Number 218 (Monday, November 10, 2008)]
[Notices]
[Pages 66668-66669]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26655]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. 5263-N-01]
Notice of Certain Operating Cost Adjustment Factors for 2009
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice establishes, for 2009, operating cost adjustment
factors (OCAFs). OCAFs are annual factors used to adjust Section 8
rents renewed under section 524 of the Multifamily Assisted Housing
Reform and Affordability Act of 1997 (MAHRA).
DATES: Effective Date: February 11, 2009.
FOR FURTHER INFORMATION CONTACT: Judith May, Director, Office of
Evaluation, Office of Housing, Department of Housing and Urban
Development, 451 7th Street, SW., Washington, DC 20410; telephone
number 202-402-3239 (this is not a toll-free number). Hearing- or
speech-impaired individuals may access this number through TTY by
calling the toll-free Federal Information Relay Service at 800-877-
8339.
SUPPLEMENTARY INFORMATION:
I. OCAFs
Section 514(e)(2) of MAHRA requires HUD to establish guidelines for
rent adjustments based on an OCAF. The statute requiring HUD to
establish OCAFs for LIHPRHA projects and projects with contract
renewals or adjustments under section 524 of MAHRA is similar in
wording and intent. HUD has therefore developed a single factor to be
applied uniformly to all projects utilizing OCAFs as the method by
which renewal rents are established or adjusted.
LIHPRHA projects are low-income housing projects insured by the
Federal Housing Administration (FHA). LIHPRHA projects are primarily
low-income housing projects insured under section 221(d)(3) below-
market interest rate (BMR) and section 236 of the National Housing Act,
respectively. Both categories of projects have low-income use
restrictions that have been extended beyond the 20-year period
specified in the original documents, and both categories of projects
also receive assistance under section 8 of the U.S. Housing Act of 1937
to support the continued low-income use. The OCAF rent adjustments are
designed to cover increases in project operating costs. Contract rents
are adjusted by applying the OCAF to that portion of the rent
attributable to operating expenses and making adjustments for increases
or decreases in non-operating costs, such as debt service.
Additionally, MAHRA gives HUD broad discretion in setting OCAFs--
referring, for example, in sections 524(a)(4)(C)(i), 524(b)(1)(A),
524(b)(3)(A) and 524(c)(1) simply to ``an operating cost adjustment
factor established by the Secretary.'' The sole limitation to this
grant of authority is a specific requirement in each of the foregoing
provisions that application of an OCAF ``shall not result in a negative
adjustment.'' OCAFs are to be applied uniformly to all projects
utilizing OCAFs as the method by which rents are established or
adjusted. OCAFs are applied to project contract rent less debt service.
HUD calculates the average, per unit, change in operating costs
(excluding debt service and bad debt expense), by state, for all
projects submitting consecutive valid financial statement reports with
fiscal year end dates between July 31, 2006 and July 31, 2008. The
projects comprise all multifamily properties excluding nursing homes
and hospitals. Furthermore, data for projects with unusually high or
low expenses due to unusual circumstances were deleted from the
analysis. These changes in actual operating costs experienced by
properties within HUD's portfolio have become the FY 2009 OCAFs.
OCAFs continue to be published at the state level. States are the
lowest level of geographical aggregation at which there are enough
projects to permit statistically reliable analysis. Additionally, no
data were available for the Western Pacific Islands. Data for Hawaii
was therefore used to generate OCAFs for these areas.
II. MAHRA and LIHPRHA OCAF Procedures
MAHRA, as amended, created the Mark-to-Market Program to reduce the
cost of federal housing assistance, enhance HUD's administration of
such assistance, and ensure the continued affordability of units in
certain multifamily housing projects. Section 524 of MAHRA authorizes
renewal of Section 8 project-based assistance contracts for projects
without restructuring plans under the Mark-to-Market Program, including
projects that are not eligible for a restructuring plan and those for
which the owner does not request such a plan. Renewals must be at rents
not exceeding comparable market rents except for certain projects. As
an example, for Section 8 Moderate
[[Page 66669]]
Rehabilitation projects, other than single room occupancy projects
(SROs) under the McKinney-Vento Homeless Assistance Act (42 U.S.C.
11301 et seq.), that are eligible for renewal under section 524(b)(3)
of MAHRA, the renewal rents are required to be set at the lesser of:
(1) The existing rents under the expiring contract, as adjusted by the
OCAF; (2) fair market rents (less any amounts allowed for tenant-
purchased utilities); or (3) comparable market rents for the market
area.
LIHPRHA (see, in particular, section 222(a)(2)(G)(i), 12 U.S.C.
4112(a)(2)(G) and the regulations at 24 CFR 248.145(a)(9)) requires
that future rent adjustments for LIHPRHA projects be made by applying
an annual factor to be determined by HUD to the portion of project rent
attributable to operating expenses for the project and, where the owner
is a priority purchaser, to the portion of project rent attributable to
project oversight costs.
III. Findings and Certifications
Environmental Impact
This issuance sets forth rate determinations and related external
administrative requirements and procedures that do not constitute a
development decision affecting the physical condition of specific
project areas or building sites. Accordingly, under 24 CFR 50.19(c)(6),
this notice is categorically excluded from environmental review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).
Catalog of Federal Domestic Assistance Number
The Catalog of Federal Domestic Assistance Number for this program
is 14.187.
Dated: October 28, 2008.
Brian D. Montgomery,
Assistant Secretary for Housing--Federal Housing Commissioner.
Appendix
Operating Cost Adjustment Factors for 2009
------------------------------------------------------------------------
U.S. Average 4.3%
------------------------------------------------------------------------
Alabama.................................................... 3.0%
Alaska..................................................... 12.4
Arizona.................................................... 5.0
Arkansas................................................... 3.7
California................................................. 4.7
Colorado................................................... 3.7
Connecticut................................................ 5.7
Delaware................................................... 2.0
District of Columbia....................................... 5.7
Florida.................................................... 4.9
Georgia.................................................... 5.5
Hawaii..................................................... 7.9%
Idaho...................................................... 4.7%
Illinois................................................... 3.9
Indiana.................................................... 6.1
Iowa....................................................... 3.5
Kansas..................................................... 6.1
Kentucky................................................... 4.9
Louisiana.................................................. 5.7
Maine...................................................... 5.0
Maryland................................................... 4.5
Massachusetts.............................................. 3.7
Michigan................................................... 3.3
Minnesota.................................................. 5.5
Mississippi................................................ 8.0
Missouri................................................... 3.7
Montana.................................................... 4.3
Nebraska................................................... 4.4
Nevada..................................................... 2.4
New Hampshire.............................................. 3.3
New Jersey................................................. 2.7
New Mexico................................................. 6.1
New York................................................... 3.9
North Carolina............................................. 2.8
North Dakota............................................... 2.4
Ohio....................................................... 3.8
Oklahoma................................................... 4.0
Oregon..................................................... 7.9
Pacific Islands............................................ 7.9
Pennsylvania............................................... 5.2
Puerto Rico................................................ 2.9
Rhode Island............................................... 5.0
South Carolina............................................. 5.4
South Dakota............................................... 5.2
Tennessee.................................................. 4.8
Texas...................................................... 3.4
Utah....................................................... 4.0
Vermont.................................................... 2.8
Virgin Islands............................................. 0.0
Virginia................................................... 3.4
Washington................................................. 2.3
West Virginia.............................................. 2.6
Wisconsin.................................................. 3.9
Wyoming.................................................... 3.5
------------------------------------------------------------------------
[FR Doc. E8-26655 Filed 11-7-08; 8:45 am]
BILLING CODE 4210-67-P
