Refinement of Income and Rent Determination Requirements in Public and Assisted Housing Programs: Implementation of the Enterprise Income Verification System; Withdrawal of Rescinded Regulatory Amendments, 4271 [2010-1637]
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Federal Register / Vol. 75, No. 17 / Wednesday, January 27, 2010 / Rules and Regulations
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 5 and 92
[Docket No. FR–5351–F–03]
RIN 2501–AD48
Refinement of Income and Rent
Determination Requirements in Public
and Assisted Housing Programs:
Implementation of the Enterprise
Income Verification System;
Withdrawal of Rescinded Regulatory
Amendments
hsrobinson on DSK69SOYB1PROD with RULES
AGENCY: Department of Housing and
Urban Development, HUD.
ACTION: Final rule; withdrawal of
rescinded regulatory amendments.
SUMMARY: On December 29, 2009, HUD
published a final rule to require the use
of the Enterprise Income Verification
(EIV) system by public housing agencies
and multifamily housing owners and
management agents when verifying the
employment and income of program
participants. The purpose of the
December 2009, final rule was to clarify
certain provisions of HUD’s January 27,
2009, final rule on the same subject
matter, and to return other regulatory
provisions to their pre-January 2009,
final rule content. Although the
preamble to the December 29, 2009,
final rule clearly stated that the
December 29, 2009, final rule was
rescinding specified regulatory changes
made by the January 27, 2009, final rule,
the regulatory text of the December 29,
2009, final rule inadvertently omitted
the corresponding regulatory instruction
to that effect. This final rule corrects
this omission by formally withdrawing
the rescinded regulatory amendments
consistent with the stated purpose of the
December 29, 2009, final rule.
DATES: The amendments to 24 CFR
5.508, 5.516, 5.518, 5.609 and 92.203
published at 74 FR 4832, January 27,
2009, which were delayed at 74 FR
13339, March 27, 2009, and further
delayed at 74 FR 44285, August 28,
2009, are withdrawn effective January
31, 2010.
FOR FURTHER INFORMATION CONTACT: For
Office of Public and Indian Housing
programs, contact Nicole Faison,
Program Advisor for the Office of Public
Housing and Voucher Programs,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Room 4214, Washington, DC 20410,
telephone number 202–402–4267. For
Office of Housing Programs, contact Gail
Williamson, Director of the Housing
Assistance Policy Division, Department
of Housing and Urban Development,
VerDate Nov<24>2008
16:37 Jan 26, 2010
Jkt 220001
451 7th Street, SW., Room 6138,
Washington, DC 20410, telephone
number 202–402–2473. (These are not
toll-free numbers.) Persons with hearing
or speech impairments may access these
numbers through TTY by calling the
toll-free Federal Information Relay
Service at 800–877–8339.
SUPPLEMENTARY INFORMATION: On
January 27, 2009, at 74 FR 4832, HUD
published a final rule, entitled
‘‘Refinement of Income and Rent
Determination Requirements in Public
and Assisted Housing Programs’’
(January 2009 Final Rule). The January
2009 Final Rule revised HUD’s public
and assisted housing program
regulations to implement the upfront
income verification process for program
participants and to require the use of
HUD’s EIV system by public housing
agencies and owners and management
agents. The January 2009 Final Rule was
originally scheduled to become effective
on March 30, 2009. Consistent with
Administration policy to review rules
issued during the transition from one
Administration to another, on February
11, 2009, at 74 FR 6839, HUD published
a notice in the Federal Register seeking
public comment on whether to delay the
effective date of the January 2009 Final
Rule and requesting comment generally
on this rule.
Following publication of the February
11, 2009, Federal Register notice, HUD
issued a final rule on March 27, 2009
(74 FR 13339), that extended the
effective date of the January Final Rule
to September 30, 2009. The purpose of
this extension was to provide HUD with
time to review the public comments
received in response to the February 11,
2009, notice. On August 28, 2009, at 74
FR 44285, HUD published a final rule
that further extended the effective date
of the January 2009 Final Rule to
January 31, 2010. The further extension
was undertaken to allow the two HUD
Assistant Secretaries, who have
responsibility for the programs affected
by the rule and were then only recently
confirmed, sufficient time to review the
subject matter of the January 2009 Final
Rule, and to review and consider the
public comments received on HUD’s
February 11, 2009, Federal Register
notice.
On October 15, 2009, at 74 FR 52931,
HUD published a proposed rule
soliciting public comment on proposed
regulatory revisions to the January 2009
Final Rule to address the issues and
concerns raised by the public
commenters on the January 2009 Final
Rule. The regulatory changes proposed
by HUD in the October 15, 2009,
proposed rule were few and the changes
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
4271
focused on addressing issues raised by
the commenters regarding the purpose
of the January 2009 Final Rule, which
is full implementation of the EIV
system. Other issues raised by the
commenters but extraneous to EIV
implementation were deferred for future
consideration. Specifically, HUD
proposed to withdraw the January 2009
Final Rule amendments to the definition
of annual income and to HUD’s
noncitizens regulations and return these
provisions to their pre-January 2009
content.
On December 29, 2009, (74 FR 68924),
HUD published a final rule following
publication of the October 15, 2009,
proposed rule, and taking into
consideration the public comments
received on the proposed rule.
Consistent with the preceding October
2009, proposed rule, the purpose of the
December 2009, final rule was to clarify
certain provisions of HUD’s January
2009 Final Rule and to return other
regulatory provisions to their preJanuary 2009, final rule content.
Although the preamble to the December
29, 2009, final rule clearly stated that
the December 29, 2009, final rule was
rescinding specified regulatory changes
made by the January 2009 Final Rule,
the regulatory text of the December 29,
2009, final rule inadvertently omitted
the corresponding regulatory instruction
to that effect.1
This final rule corrects this omission
by formally withdrawing the rescinded
regulatory amendments, as of the
effective date of the December 29, 2009,
final rule, as intended. Interested
readers may refer to the preamble of the
December 29, 2009, final rule for
additional information regarding the
regulatory changes.
Dated: January 21, 2010.
Camille E. Acevedo,
Associate General Counsel for Legislation and
Regulations.
[FR Doc. 2010–1637 Filed 1–26–10; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF LABOR
Office of Labor-Management
Standards
29 CFR Part 404
Labor Organization Officer and
Employee Reports
CFR Correction
In Title 29 of the Code of Federal
Regulations, Parts 100 to 499, revised as
1 See e.g. 74 FR at 68924, first column, and 68925,
middle column.
E:\FR\FM\27JAR1.SGM
27JAR1
Agencies
[Federal Register Volume 75, Number 17 (Wednesday, January 27, 2010)]
[Rules and Regulations]
[Page 4271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-1637]
[[Page 4271]]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 5 and 92
[Docket No. FR-5351-F-03]
RIN 2501-AD48
Refinement of Income and Rent Determination Requirements in
Public and Assisted Housing Programs: Implementation of the Enterprise
Income Verification System; Withdrawal of Rescinded Regulatory
Amendments
AGENCY: Department of Housing and Urban Development, HUD.
ACTION: Final rule; withdrawal of rescinded regulatory amendments.
-----------------------------------------------------------------------
SUMMARY: On December 29, 2009, HUD published a final rule to require
the use of the Enterprise Income Verification (EIV) system by public
housing agencies and multifamily housing owners and management agents
when verifying the employment and income of program participants. The
purpose of the December 2009, final rule was to clarify certain
provisions of HUD's January 27, 2009, final rule on the same subject
matter, and to return other regulatory provisions to their pre-January
2009, final rule content. Although the preamble to the December 29,
2009, final rule clearly stated that the December 29, 2009, final rule
was rescinding specified regulatory changes made by the January 27,
2009, final rule, the regulatory text of the December 29, 2009, final
rule inadvertently omitted the corresponding regulatory instruction to
that effect. This final rule corrects this omission by formally
withdrawing the rescinded regulatory amendments consistent with the
stated purpose of the December 29, 2009, final rule.
DATES: The amendments to 24 CFR 5.508, 5.516, 5.518, 5.609 and 92.203
published at 74 FR 4832, January 27, 2009, which were delayed at 74 FR
13339, March 27, 2009, and further delayed at 74 FR 44285, August 28,
2009, are withdrawn effective January 31, 2010.
FOR FURTHER INFORMATION CONTACT: For Office of Public and Indian
Housing programs, contact Nicole Faison, Program Advisor for the Office
of Public Housing and Voucher Programs, Department of Housing and Urban
Development, 451 7th Street, SW., Room 4214, Washington, DC 20410,
telephone number 202-402-4267. For Office of Housing Programs, contact
Gail Williamson, Director of the Housing Assistance Policy Division,
Department of Housing and Urban Development, 451 7th Street, SW., Room
6138, Washington, DC 20410, telephone number 202-402-2473. (These are
not toll-free numbers.) Persons with hearing or speech impairments may
access these numbers through TTY by calling the toll-free Federal
Information Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION: On January 27, 2009, at 74 FR 4832, HUD
published a final rule, entitled ``Refinement of Income and Rent
Determination Requirements in Public and Assisted Housing Programs''
(January 2009 Final Rule). The January 2009 Final Rule revised HUD's
public and assisted housing program regulations to implement the
upfront income verification process for program participants and to
require the use of HUD's EIV system by public housing agencies and
owners and management agents. The January 2009 Final Rule was
originally scheduled to become effective on March 30, 2009. Consistent
with Administration policy to review rules issued during the transition
from one Administration to another, on February 11, 2009, at 74 FR
6839, HUD published a notice in the Federal Register seeking public
comment on whether to delay the effective date of the January 2009
Final Rule and requesting comment generally on this rule.
Following publication of the February 11, 2009, Federal Register
notice, HUD issued a final rule on March 27, 2009 (74 FR 13339), that
extended the effective date of the January Final Rule to September 30,
2009. The purpose of this extension was to provide HUD with time to
review the public comments received in response to the February 11,
2009, notice. On August 28, 2009, at 74 FR 44285, HUD published a final
rule that further extended the effective date of the January 2009 Final
Rule to January 31, 2010. The further extension was undertaken to allow
the two HUD Assistant Secretaries, who have responsibility for the
programs affected by the rule and were then only recently confirmed,
sufficient time to review the subject matter of the January 2009 Final
Rule, and to review and consider the public comments received on HUD's
February 11, 2009, Federal Register notice.
On October 15, 2009, at 74 FR 52931, HUD published a proposed rule
soliciting public comment on proposed regulatory revisions to the
January 2009 Final Rule to address the issues and concerns raised by
the public commenters on the January 2009 Final Rule. The regulatory
changes proposed by HUD in the October 15, 2009, proposed rule were few
and the changes focused on addressing issues raised by the commenters
regarding the purpose of the January 2009 Final Rule, which is full
implementation of the EIV system. Other issues raised by the commenters
but extraneous to EIV implementation were deferred for future
consideration. Specifically, HUD proposed to withdraw the January 2009
Final Rule amendments to the definition of annual income and to HUD's
noncitizens regulations and return these provisions to their pre-
January 2009 content.
On December 29, 2009, (74 FR 68924), HUD published a final rule
following publication of the October 15, 2009, proposed rule, and
taking into consideration the public comments received on the proposed
rule. Consistent with the preceding October 2009, proposed rule, the
purpose of the December 2009, final rule was to clarify certain
provisions of HUD's January 2009 Final Rule and to return other
regulatory provisions to their pre-January 2009, final rule content.
Although the preamble to the December 29, 2009, final rule clearly
stated that the December 29, 2009, final rule was rescinding specified
regulatory changes made by the January 2009 Final Rule, the regulatory
text of the December 29, 2009, final rule inadvertently omitted the
corresponding regulatory instruction to that effect.\1\
---------------------------------------------------------------------------
\1\ See e.g. 74 FR at 68924, first column, and 68925, middle
column.
---------------------------------------------------------------------------
This final rule corrects this omission by formally withdrawing the
rescinded regulatory amendments, as of the effective date of the
December 29, 2009, final rule, as intended. Interested readers may
refer to the preamble of the December 29, 2009, final rule for
additional information regarding the regulatory changes.
Dated: January 21, 2010.
Camille E. Acevedo,
Associate General Counsel for Legislation and Regulations.
[FR Doc. 2010-1637 Filed 1-26-10; 8:45 am]
BILLING CODE 4210-67-P