Order of Succession for the Office of Policy Development and Research, 1228-1229 [E9-387]
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Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Notices
sroberts on PROD1PC70 with NOTICES
authorizes federal guarantees for
financing of certain tribal activities
(Title VI Loan Guarantee Program). The
regulations governing the IHBG and
Title VI Loan Guarantee Programs are
located in part 1000 of HUD’s
regulations in title 24 of the Code of
Federal Regulations. In accordance with
section 106 of NAHASDA, HUD
developed the regulations with active
tribal participation and using the
procedures of the Negotiated
Rulemaking Act of 1990 (5 U.S.C. 561–
570).
Under the IHBG Program, HUD makes
assistance available to eligible Indian
tribes for affordable housing activities.
The amount of assistance made
available to each Indian tribe is
determined using a formula that was
developed as part of the NAHASDA
negotiated rulemaking process. Based
on the amount of funding appropriated
annually for the IHBG Program, HUD
calculates the annual grant for each
Indian tribe and provides this
information to the Indian tribes. An
Indian Housing Plan for the Indian tribe
is then submitted to HUD. If the Indian
Housing Plan is found to be in
compliance with statutory and
regulatory requirements, the grant is
made. Under the Title VI Loan
Guarantee Program, HUD guarantees
notes and other obligations issued by
Indian tribes or their tribally designated
housing entities, for the purposes of
financing the eligible activities specified
in NAHASDA.
The Native American Housing
Assistance and Self-Determination
Reauthorization Act of 2008 (Pub. L.
110–411, approved October 14, 2008)
(2008 Reauthorization Act) reauthorizes
NAHASDA through 2013 and makes
several amendments to the statutory
requirements governing the IHBG and
Title VI Loan Guarantee Programs. The
2008 Reauthorization Act amends
section 106 of NAHASDA to provide
that HUD shall ‘‘initiate a negotiated
rulemaking in accordance with this
section by not later than 90 days after
enactment of the’’ 2008 Reauthorization
Act.
Through this notice, HUD announces
the initiation of the negotiated
rulemaking required by the 2008
Reauthorization Act. This notice also
provides an overview of the next steps
in the negotiated rulemaking process.
II. Negotiated Rulemaking
The basic concept of negotiated
rulemaking is to have the agency that is
developing a regulation bring together
representatives of affected interests for
face-to-face negotiations. The give-andtake of the negotiation process is
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20:34 Jan 09, 2009
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expected to foster constructive, creative
and acceptable solutions to difficult
problems. The establishment of the
negotiated rulemaking committee will
offer Indian tribal governments the
opportunity to have input into the
changes to the IHBG Program
regulations.
Section 564 of the Negotiated
Rulemaking Act of 1990 requires that an
agency, prior to the establishment of a
negotiated rulemaking committee,
publish a notice in the Federal Register
announcing its intent to establish the
committee, provide a list of the
proposed committee membership,
provide certain other information
regarding the formation of the
committee, and solicit nominations for
selection to the committee. HUD will be
publishing the notice required by
section 564 in the Federal Register.
HUD’s goal is to establish a committee
whose membership reflects a balanced
representation of Indian tribes.
When the committee is established,
all meetings of the negotiated
rulemaking committee will be
announced in the Federal Register and
be open to the public.
Dated: December 31, 2008.
Milan Ozdinec,
Deputy Assistant Secretary for Housing
Choice Program, Office of Public and Indian
Housing.
[FR Doc. E9–269 Filed 1–9–09; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5289–D–01]
Order of Succession for the Office of
Policy Development and Research
AGENCY: Office of the Assistant
Secretary for Policy Development and
Research, HUD.
ACTION: Notice of order of succession.
SUMMARY: In this notice, the Assistant
Secretary for Policy Development and
Research designates the Order of
Succession for the Office of Assistant
Secretary for Policy Development and
Research. This Order of Succession
supersedes the Order of Succession for
the Office of Policy and Development,
published on July 28, 2003.
DATES: Effective Date: January 6, 2009.
FOR FURTHER INFORMATION CONTACT:
Lynn B. Newkirk, Director, Management
and Administrative Services,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Room 8228, Washington, DC 20410–
6000, telephone number (202) 708–
PO 00000
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1812. (This is not a toll-free number.)
Persons with hearing-or speechimpairments may access this number
through TTY by calling the toll-free
Federal Information Relay Service at 1–
800–877–8339.
SUPPLEMENTARY INFORMATION: The
Assistant Secretary for Policy
Development and Research is issuing
this Order of Succession of officials
authorized to perform the duties and
functions of the Office of the Assistant
Secretary when, by reason of absence,
disability, or vacancy in office, the
Assistant Secretary is not available to
exercise the powers or perform the
duties of the Office. This Order of
Succession is subject to the provisions
of the Federal Vacancies Reform Act of
1998 (5 U.S.C. 3345–3349d). This
publication supersedes the Order of
Succession notice on July 28, 2003 (68
FR 44353).
Accordingly, the Assistant Secretary
for Policy Development and Research
designates the following Order of
Succession:
Section A. Order of Succession
Subject to the provision of the Federal
Vacancies Reform Act of 1998, during
any period when, by reason of absence,
disability, or vacancy in office, the
Assistant Secretary for Policy
Development and Research is not
available to exercise the powers or
perform the duties of the Office of the
Assistant Secretary for Policy
Development and Research, the
following officials within the Office of
Policy Development and Research are
hereby designated to exercise the
powers and perform the duties of the
Office:
(1) General Deputy Assistant
Secretary.
(2) Deputy Assistant Secretary for
Research, Evaluation, and Monitoring.
(3) Deputy Assistant Secretary for
Policy Development.
(4) Deputy Assistant Secretary for
Economic Affairs.
These officials shall perform the
functions and duties of the Office in the
order specified herein, and no official
shall serve unless all the other officials,
whose position titles precede his or hers
in this order, are unable to act by reason
of absence, disability, or vacancy in
office. Foley, Richard.
Section B. Authority Superseded
This Order of Succession supersedes
the Order of Succession for the
Assistant Secretary for Policy
Development and Research, published
on July 28, 2003 (68 FR 44353).
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12JAN1
Federal Register / Vol. 74, No. 7 / Monday, January 12, 2009 / Notices
Authority: Section 7(d) of the Department
of Housing and Urban Development Act, 42
U.S.C. 3535(d).
Dated: January 6, 2009.
Darlene F. Williams,
Assistant Secretary for Policy Development
and Research.
[FR Doc. E9–387 Filed 1–9–09; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5278–N–01]
Section 8 Housing Assistance
Payments Program—Contract Rent
Annual Adjustment Factors, Fiscal
Year 2009
Office of the Secretary, HUD.
Notice of Revised Contract Rent
Annual Adjustment Factors.
AGENCY:
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ACTION:
SUMMARY: The United States Housing
Act of 1937 requires that assistance
contracts signed by owners participating
in the Department’s Section 8 housing
assistance payments programs provide
for annual adjustment in the monthly
rentals for units covered by the contract.
This notice announces revised Annual
Adjustment Factors (AAFs) for
adjustment of contract rents on
assistance contract anniversaries. The
factors are based on a formula using
data on residential rent and utilities cost
changes from the most current annual
Bureau of Labor Statistics Consumer
Price Index (CPI) survey. These factors
are applied at Housing Assistance
Payment (HAP) contract anniversaries
for those calendar months commencing
after the effective date of this notice.
DATES: Effective Date: January 12, 2009.
FOR FURTHER INFORMATION CONTACT:
Contact David Vargas, Associate Deputy
Assistant Secretary for Office of Public
Housing and Voucher Programs, 202–
708–2815, for questions relating to the
Project-Based Certificate, and Moderate
Rehabilitation programs (non Single
Room Occupancy); Ann Oliva, Office of
Special Needs Assistance Programs,
Office of Community Planning and
Development, 202–708–4300 for
questions regarding the Single Room
Occupancy (SRO) Moderate
Rehabilitation program; Willie
Spearmon, Director, Office of Housing
Assistance and Grant Administration,
Office of Housing, 202–708–3000, for
questions relating to all other section 8
programs; and Marie L. Lihn, Senior
Economist, Economic and Market
Analysis Division, Office of Policy
Development and Research 202–708–
0590, for technical information
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regarding the development of the
schedules for specific areas or the
methods used for calculating the AAFs.
Mailing address for the above persons:
Department of Housing and Urban
Development, 451 7th Street, SW.,
Washington, DC 20410. Hearing-or
speech-impaired persons may contact
the Federal Information Relay Service at
800–877–8339 (TTY). (Other than the
‘‘800’’ TTY number, the above-listed
telephone numbers are not toll free.)
SUPPLEMENTARY INFORMATION: In
addition to being published in the
Federal Register, these data will be
available electronically from the HUD
data information page at https://
www.huduser.org/datasets/aaf.html.
I. Applying AAFs to Various Section 8
Programs
AAFs established by this Notice are
used to adjust contract rents for units
assisted in certain Section 8 housing
assistance payments programs during
the initial (i.e., pre-renewal) term of the
HAP contract and for all units in the
Project-Based Certificate program. There
are three categories of section 8
programs that use the AAFs:
Category 1—The Section 8 New
Construction and Substantial
Rehabilitation programs and the Section
8 Moderate Rehabilitation program.
Category 2—The Section 8 Loan
Management (LM) and Property
Disposition (PD) programs.
Category 3—The Section 8 ProjectBased Certificate (PBC) program.
Each section 8 program category uses
the AAFs differently. The specific
application of the AAFs is determined
by the law, the HAP contract, and
appropriate program regulations or
requirements.
AAFs are not used in the following
cases:
Renewal Rents. With the exception of
the Project-Based Certificate program,
AAFs are not used to determine renewal
rents after expiration of the original
section 8 HAP contract (either for
projects where the section 8 HAP
contract is renewed under a
restructuring plan adopted under 24
CFR part 401; or renewed without
restructuring under 24 CFR part 402). In
general, renewal rents are based on the
applicable state-by-state operating cost
adjustment factor (OCAF) published by
HUD; the OCAF is applied to the
previous year’s contract rent minus debt
service.
Budget-based Rents. AAFs are not
used for budget-based rent adjustments.
For projects receiving Section 8
subsidies under the LM program (24
CFR part 886, subpart A) and for
projects receiving Section 8 subsidies
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under the PD program (24 CFR part 886,
subpart C), contract rents are adjusted,
at HUD’s option, either by applying the
AAFs, or by budget-based adjustments
in accordance with 24 CFR 886.112(b)
and 24 CFR 886.312(b). Budget-based
adjustments are used for most section 8/
202 projects.
Certificate Program. In the past, AAFs
were used to adjust the contract rent
(including manufactured home space
rentals) in both the tenant-based and
project-based certificate programs. The
tenant-based certificate program has
been terminated and all tenancies in the
tenant-based certificate program have
been converted to the Housing Choice
Voucher Program, which does not use
AAFs to adjust rents. All tenancies
remaining in the project-based
certificate program continue to use
AAFs to adjust contract rent for
outstanding HAP contracts.
Voucher Program. AAFs are not used
to adjust rents in the Tenant-Based or
the Project-Based Voucher programs.
Moderate Rehabilitation Program.
Under the Section 8 Moderate
Rehabilitation program, (both the
regular program and the single room
occupancy program), the public housing
agency (PHA) applies the AAF to the
base rent component of the contract
rent, not the full contract rent.
II. Adjustment Procedures
This section of the notice provides a
broad description of procedures for
adjusting the contract rent. Technical
details and requirements are described
in HUD notices H 2002—10 (Section 8
New Construction and Substantial
Rehabilitation, Loan Management, and
Property Disposition) and PIH 97—57
(Moderate Rehabilitation and ProjectBased Certificates).
Because of statutory and structural
distinctions among the various Section
8 programs, there are separate rent
adjustment procedures for the three
program categories:
Category 1: Section 8 New Construction,
Substantial Rehabilitation, and
Moderate Rehabilitation Programs
In the section 8 New Construction and
Substantial Rehabilitation programs, the
published AAF factor is applied to the
pre-adjustment contract rent. In the
section 8 Moderate Rehabilitation
program, the published AAF is applied
to the pre-adjustment base rent.
For Category 1 programs, the Table 1
AAF factor is applied before
determining comparability (rent
reasonableness). Comparability applies
if the pre-adjustment gross rent (preadjustment contract rent plus any
allowance for tenant-paid utilities) is
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Agencies
[Federal Register Volume 74, Number 7 (Monday, January 12, 2009)]
[Notices]
[Pages 1228-1229]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-387]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5289-D-01]
Order of Succession for the Office of Policy Development and
Research
AGENCY: Office of the Assistant Secretary for Policy Development and
Research, HUD.
ACTION: Notice of order of succession.
-----------------------------------------------------------------------
SUMMARY: In this notice, the Assistant Secretary for Policy Development
and Research designates the Order of Succession for the Office of
Assistant Secretary for Policy Development and Research. This Order of
Succession supersedes the Order of Succession for the Office of Policy
and Development, published on July 28, 2003.
DATES: Effective Date: January 6, 2009.
FOR FURTHER INFORMATION CONTACT: Lynn B. Newkirk, Director, Management
and Administrative Services, Department of Housing and Urban
Development, 451 7th Street, SW., Room 8228, Washington, DC 20410-6000,
telephone number (202) 708-1812. (This is not a toll-free number.)
Persons with hearing-or speech-impairments may access this number
through TTY by calling the toll-free Federal Information Relay Service
at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: The Assistant Secretary for Policy
Development and Research is issuing this Order of Succession of
officials authorized to perform the duties and functions of the Office
of the Assistant Secretary when, by reason of absence, disability, or
vacancy in office, the Assistant Secretary is not available to exercise
the powers or perform the duties of the Office. This Order of
Succession is subject to the provisions of the Federal Vacancies Reform
Act of 1998 (5 U.S.C. 3345-3349d). This publication supersedes the
Order of Succession notice on July 28, 2003 (68 FR 44353).
Accordingly, the Assistant Secretary for Policy Development and
Research designates the following Order of Succession:
Section A. Order of Succession
Subject to the provision of the Federal Vacancies Reform Act of
1998, during any period when, by reason of absence, disability, or
vacancy in office, the Assistant Secretary for Policy Development and
Research is not available to exercise the powers or perform the duties
of the Office of the Assistant Secretary for Policy Development and
Research, the following officials within the Office of Policy
Development and Research are hereby designated to exercise the powers
and perform the duties of the Office:
(1) General Deputy Assistant Secretary.
(2) Deputy Assistant Secretary for Research, Evaluation, and
Monitoring.
(3) Deputy Assistant Secretary for Policy Development.
(4) Deputy Assistant Secretary for Economic Affairs.
These officials shall perform the functions and duties of the
Office in the order specified herein, and no official shall serve
unless all the other officials, whose position titles precede his or
hers in this order, are unable to act by reason of absence, disability,
or vacancy in office. Foley, Richard.
Section B. Authority Superseded
This Order of Succession supersedes the Order of Succession for the
Assistant Secretary for Policy Development and Research, published on
July 28, 2003 (68 FR 44353).
[[Page 1229]]
Authority: Section 7(d) of the Department of Housing and Urban
Development Act, 42 U.S.C. 3535(d).
Dated: January 6, 2009.
Darlene F. Williams,
Assistant Secretary for Policy Development and Research.
[FR Doc. E9-387 Filed 1-9-09; 8:45 am]
BILLING CODE 4210-67-P