Notice of Certain Operating Cost Adjustment Factors for 2011, 68616-68618 [2010-28170]
Download as PDF
68616
Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Notices
used to appropriately disburse and
utilize the funds provided to PHAs.
Additionally, these forms provide the
information necessary to approve a
financing transaction in addition to any
Mixed-Finance and Capital Fund
Financing transactions. Respondents
include the approximately 3,200 PHA
receiving Capital Funds and any other
PHAs wishing to pursue financing.
Frequency of Submission: On
occasion, Monthly, Annually, Other per
Transaction.
Number of
respondents
Annual
responses
3,105
23.460
Reporting Burden ..............................................................................
Total Estimated Burden Hours:
327,590.
Status: Revision of a currently
approved collection.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. 35, as
amended.
Dated: November 2, 2010.
Colette Pollard,
Departmental Reports Management Officer,
Office of the Chief Information Officer.
[FR Doc. 2010–28168 Filed 11–5–10; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5456–N–01]
Notice of Certain Operating Cost
Adjustment Factors for 2011
Office of the Assistant
Secretary for Housing—Federal Housing
Commissioner, HUD.
ACTION: Notice.
AGENCY:
This notice establishes, for
2011, 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,
2011.
FOR FURTHER INFORMATION CONTACT: Stan
Houle, Housing Program Manager,
Office of Housing Assistance and Grant
Administration, Department of Housing
and Urban Development, 451 7th Street,
SW., Washington, DC 20410; telephone
number 202–402–2572 (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:
jlentini on DSKJ8SOYB1PROD with NOTICES
SUMMARY:
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
VerDate Mar<15>2010
18:02 Nov 05, 2010
Jkt 223001
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 lowincome housing projects insured under
section 221(d)(3) below-market interest
rate (BMIR) 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.
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.’’ Contract rents are adjusted
by applying the OCAF to that portion of
the rent attributable to operating
expenses exclusive of debt service.
OCAFs for FY2008, FY2009, and
FY2010 were calculated as average
percentage changes in OCAF-covered
operating costs using FHA Annual
Financial Statement (AFS) data. Unitweighted, project-level operating cost
percentage changes were calculated at
the State level using the most recent two
years of data available. Three years of
experience with this method have
revealed the following weaknesses:
• The relatively common practice of
expensing major repairs and
improvements in a single year produces
large percentage changes in project
operating costs when compared with the
previous or subsequent years. These
projects have a disproportionate impact
PO 00000
Frm 00021
Fmt 4703
Sfmt 4703
×
Hours per
response
4.497
=
Burden hours
327,590
on the OCAFs calculated, which occurs
even when what would normally be
considered a large percentage of the
highest and lowest changes are
excluded.
• Because there are variations in
projects that submit AFS from year to
year, a different set of projects is used
to calculate OCAFs for each of the past
three years. It has been found that the
multiplicative sum of annual estimates
calculated in this manner differs
significantly from results based on
changes for the same group of projects
over a given time interval.
• The project-weighted percentage
change method has been found to have
an upward bias. This normally occurs
because one-time large expense
increases followed by a similar dollar
decrease are not off-setting when
calculated as percentages.
Because of these problems, for
FY2011 HUD is reverting to the preFY2008 methodology with limited
changes that are subsequently noted.
The Department continues to be
interested in using actual FHA data for
cost component categories, and it may
make additional adjustments in the
coming years based on further analysis.
FY 2011 OCAFs are calculated as the
sum of weighted average cost changes
for wages, employee benefits, property
taxes, insurance, supplies and
equipment, fuel oil, electricity, natural
gas, and water/sewer/trash using
publicly available indices. The weights
used in the pre-FY2008 OCAF
calculations for each of the nine cost
component groupings have been
updated using current percentages
attributable to each of the nine expense
categories. Average expense proportions
were calculated using the most recent
three years of audited Annual Financial
Statements from projects covered by
OCAFs. The expenditure percentages for
these nine categories have been found to
be very stable over time, but using three
years of data increases their stability.
The nine cost component weights were
calculated at the state level, which is the
lowest level of geographical aggregation
at which there is enough projects to
permit statistical analysis. No data were
available for the Western Pacific Islands,
E:\FR\FM\08NON1.SGM
08NON1
jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Notices
so data for Hawaii were used as the best
available indicator of OCAFs for these
areas.
The best current price data sources for
the nine cost categories were used in
calculating annual change factors. Statelevel data for fuel oil, electricity, and
natural gas from Department of Energy
surveys are relatively current and
continue to be used. Data on changes in
employee benefits, insurance, property
taxes, and water/sewer/trash costs are
only available at the national level and
also remain unchanged from the pre2008 methodology. Although State level
data on wages is available through BLS’s
Quarterly Covered Employment and
Wage survey (QCEW), it is not used here
because of the lag in availability and
because QCEW wage changes include
both the change in wages and the
change in job classifications. Instead,
HUD continues to use national
Employment Cost Index (ECI) data on
wage changes. Consumer Price Index
data on goods and equipment have
replaced a similar Producer Price Index
(PPI) measure, because the PPI excluded
the large percentage of such items that
were not domestically produced. The
data sources for the nine cost indicators
selected used were as follows:
• Labor Costs—First quarter, 2010
Bureau of Labor Statistics (BLS) ECI,
Private Industry Wages and Salaries, All
Workers (Series ID CIU2030000000000I)
at the National Level.
• Property Taxes—2008–2009 Census
Quarterly Summary of State and Local
Government Tax Revenue—Table 1.
Annual taxes are computed as the total
of four quarters of tax receipts. Total
annual taxes are then divided by
number of households to arrive at
average annual tax per household.
Number of households is taken from the
estimates program at the Bureau of the
Census. https://www.census.gov/popest/
housing/HU-EST2009.html
• Goods, Supplies, Equipment: April
2009 to April 2010 Bureau of Labor
Statistics (BLS) Consumer Price Index,
All Items Less Food, Energy and shelter
(Series ID CUUR0000SA0L12E) at the
national level.
• Insurance: April 2009 to April 2010
Bureau of Labor Statistic (BLS)
Consumer Price Index, Tenants and
Household Insurance Index (Series ID
CUUR0000SEHD) at the national level.
• Fuel Oil: Energy Information
Agency, 2008 to 2009 Retail Price of No.
2 Fuel Oil to Residential Consumers
cents per gallon excluding taxes.
Department of Energy multi-state fuel
oil grouping averages used for the States
with insufficient fuel oil consumption
to have separate estimates. https://
VerDate Mar<15>2010
18:02 Nov 05, 2010
Jkt 223001
www.eia.gov/dnav/pet/pet_sum_mkt_a_
EPD2_PRT_cpgal_a.htm.
• Electricity: Energy Information
Agency, March 2010 ‘‘Electric Power
Monthly’’ report, Table 5.6.B. https://
www.eia.doe.gov/cneaf/electricity/epm/
epm_sum.html.
• Natural Gas: Energy Information
Agency, Natural Gas, Residential Energy
Price, 2008–2009 annual prices in
dollars per 1,000 cubic feet at the state
level. https://www.eia.doe.gov/dnav/ng/
ng_pri_sum_a_EPG0_PRS_DMcf_a.htm.
• Water and Sewer: April 2009 to
April 2010 Consumer Price Index, All
Urban Consumers, Water and Sewer and
Trash Collection Services (Series ID
CUUR0000SEHG) at the national level.
The sum of the nine cost component
percentage weights equals 100 percent
of operating costs for purposes of OCAF
calculations. To calculate the OCAFs,
state-level cost component weights
developed from AFS data are multiplied
by the selected inflation factors. For
instance, if wages in Virginia comprised
50 percent of total operating cost
expenses and increased by 4 percent
from 2008 to 2009, the wage increase
component of the Virginia OCAF for
2011 would be 2.0 percent (50% * 4%).
This 2.0 percent would then be added
to the increases for the other eight
expense categories to calculate the 2006
OCAF for Virginia. FY 2011 OCAFs are
included as an Appendix to this Notice.
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
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-
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
68617
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: November 2, 2010.
David H. Stevens,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Appendix
Operating Cost Adjustment Factors for 2011
Alabama ..............................................
Alaska .................................................
Arizona ................................................
Arkansas .............................................
California .............................................
Colorado .............................................
Connecticut .........................................
Delaware .............................................
District of Columbia ............................
Florida .................................................
Georgia ...............................................
Hawaii .................................................
Idaho ...................................................
Illinois ..................................................
Indiana ................................................
Iowa ....................................................
Kansas ................................................
Kentucky .............................................
Louisiana ............................................
Maine ..................................................
Maryland .............................................
Massachusetts ....................................
Michigan .............................................
Minnesota ...........................................
Mississippi ..........................................
Missouri ..............................................
Montana ..............................................
Nebraska ............................................
E:\FR\FM\08NON1.SGM
08NON1
2.4
1.1
2.6
2.1
1.8
1.7
0.1
1.5
1.7
2.7
2.2
0.0
3.0
0.1
2.0
1.7
2.2
2.2
0.8
0.0
2.2
1.6
2.2
1.1
2.1
1.9
0.4
1.8
68618
Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Notices
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 .............................................
U.S. Average ......................................
2.8
1.3
1.8
1.1
0.3
2.4
1.3
2.1
1.4
2.6
0.0
2.0
2.1
1.1
2.5
0.5
2.5
1.9
2.4
0.6
3.0
2.4
2.7
3.2
1.7
1.9
1.7
[FR Doc. 2010–28170 Filed 11–5–10; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Bureau of Indian Affairs
Indian Gaming
AGENCY:
Bureau of Indian Affairs,
Interior.
Notice of Approved Tribal-State
Compact Amendment.
ACTION:
This notice publishes
approval of the 2010 Amendments to
the Red Cliff Band of Lake Superior
Chippewas (‘‘Tribe’’) and the State of
Wisconsin Gaming Compact of 1991, as
Amended in 1999 and 2003.
SUMMARY:
DATES:
Effective Date: November 8,
2010.
FOR FURTHER INFORMATION CONTACT:
Paula L. Hart, Director, Office of Indian
Gaming, Office of the Deputy Assistant
Secretary—Policy and Economic
Development, Washington, DC 20240,
telephone: (202) 219–4066.
Under
section 11 of the Indian Gaming
Regulatory Act of 1988 (IGRA), Public
Law 100–497, 25 U.S.C. 2710, the
Secretary of the Interior shall publish in
the Federal Register notice of approved
Tribal-State compacts for the purpose of
engaging in Class III gaming activities
on Indian lands. This Amendment
allows the Tribe to obtain financing
through an ‘‘Indian tribe,’’ as well as
federally or state-chartered financial
institutions.
jlentini on DSKJ8SOYB1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Mar<15>2010
18:02 Nov 05, 2010
Jkt 223001
Dated: November 2, 2010.
Larry Echo Hawk,
Assistant Secretary—Indian Affairs.
[FR Doc. 2010–28187 Filed 11–5–10; 8:45 am]
BILLING CODE 4310–4N–P
DEPARTMENT OF THE INTERIOR
for individual oral comments may be
limited.
FOR FURTHER INFORMATON CONTACT: Gary
L. ‘‘Stan’’ Benes, Lewistown Field
Manager, Lewistown Field Office, 920
NE Main, Lewistown, MT 59457, (406)
538–1900.
Bureau of Land Management
Phillip C. Perlewitz,
Acting State Director, Montana/Dakotas BLM.
[LLMT–06000–01–L10200000–PG0000]
[FR Doc. 2010–28179 Filed 11–5–10; 8:45 am]
BILLING CODE 4310–DN–P
Notice of Public Meeting; Central
Montana Resource Advisory Council
AGENCY:
Bureau of Land Management,
Interior.
Notice of public meeting.
ACTION:
In accordance with the
Federal Land Policy and Management
Act and the Federal Advisory
Committee Act of 1972, the U.S.
Department of the Interior, Bureau of
Land Management (BLM) Central
Montana Resource Advisory Council
(RAC) will meet as indicated below.
DATES: The meeting will be held
December 7 and 8, 2010. The December
7 meeting will begin at 10 a.m. with a
30-minute public comment period and
will adjourn at 5:30 p.m. The December
8 meeting will begin at 8 a.m. with a 30minute public comment period and will
adjourn at 3 p.m.
ADDRESSES: The meeting will be in the
Calvert Hotel (216 7th Av. South) in
Lewistown, Montana.
SUPPLEMENTARY INFORMATION: This 15member council advises the Secretary of
the Interior on a variety of management
issues associated with public land
management in Montana. During these
meetings the council will participate in/
discuss/act upon these topics: RAC
comments and discussions; new
member orientation; welcome for the
new Montana/Dakotas State Director;
the Plains and Prairie Potholes
Landscape Conservation Cooperative;
District Managers’ updates; discussion
about operating a successful RAC; the
2010 RAC workplan accomplishments;
the 2011 RAC workplan input and
decisions; OHV enforcement problems
and fines for violators; potential new
partnerships with stakeholders; the
Monument Update Newsletter; the
Limekiln project and the Rocky
Mountain Elk Foundation Stewardship
program; and administrative details.
All RAC meetings are open to the
public. The public may present written
comments to the RAC. Each formal RAC
meeting will also have time allocated for
hearing public comments. Depending on
the number of persons wishing to
comment and time available, the time
SUMMARY:
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
INTERNATIONAL TRADE
COMMISSION
[Investigation Nos. 731–TA–1092–1093
(Final)]
Diamond Sawblades and Parts Thereof
From China and Korea
Determination
On the basis of the record 1 developed
in the subject investigation, the United
States International Trade Commission
(Commission) determines, pursuant to
section 735(b) of the Tariff Act of 1930
(19 U.S.C. 1673d(b)) (the Act), that an
industry in the United States is
threatened with material injury by
reason of imports from China and Korea
of diamond sawblades and parts thereof,
provided for in subheading 9202.39.00
of the Harmonized Tariff Schedule of
the United States,2 that have been found
by the Department of Commerce
(Commerce) to be sold in the United
States at less than fair value (LTFV).3
Background
On May 3, 2005, the Commission
instituted these investigations,
following receipt of a petition filed with
the Commission and Commerce by the
Diamond Sawblades Manufacturers
Coalition (DSMC) and its individual
members, which included Blackhawk
Diamond, Inc., Fullerton, CA; 4
Diamond B, Inc., Santa Fe Springs, CA;
Diamond Products, Elyria, OH; Dixie
Diamond, Lilburn, GA; Hoffman
Diamond, Punxsutawney, PA; Hyde
Manufacturing, Southbridge, MA;
1 The record is defined in sec. 207.2(f) of the
Commission’s Rules of Practice and Procedure (19
CFR 207.2(f)).
2 When packaged together as a set for retail sale
with an item that is separately classified under
heading 8202 to 8205 of the HTS, diamond
sawblades or parts thereof may be imported under
HTS heading 8206.
3 Chairman Okun and Commissioners Lane and
Pearson dissent, having determined that an industry
in the United States is not materially injured or
threatened with material injury by reason of LTFV
imports of diamond sawblades and parts thereof
from China and Korea.
4 Blackhawk Diamond ceased operations in
January 2006.
E:\FR\FM\08NON1.SGM
08NON1
Agencies
[Federal Register Volume 75, Number 215 (Monday, November 8, 2010)]
[Notices]
[Pages 68616-68618]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-28170]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5456-N-01]
Notice of Certain Operating Cost Adjustment Factors for 2011
AGENCY: Office of the Assistant Secretary for Housing--Federal Housing
Commissioner, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice establishes, for 2011, 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, 2011.
FOR FURTHER INFORMATION CONTACT: Stan Houle, Housing Program Manager,
Office of Housing Assistance and Grant Administration, Department of
Housing and Urban Development, 451 7th Street, SW., Washington, DC
20410; telephone number 202-402-2572 (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 (BMIR) 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.
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.'' Contract rents are adjusted by applying the OCAF to that
portion of the rent attributable to operating expenses exclusive of
debt service.
OCAFs for FY2008, FY2009, and FY2010 were calculated as average
percentage changes in OCAF-covered operating costs using FHA Annual
Financial Statement (AFS) data. Unit-weighted, project-level operating
cost percentage changes were calculated at the State level using the
most recent two years of data available. Three years of experience with
this method have revealed the following weaknesses:
The relatively common practice of expensing major repairs
and improvements in a single year produces large percentage changes in
project operating costs when compared with the previous or subsequent
years. These projects have a disproportionate impact on the OCAFs
calculated, which occurs even when what would normally be considered a
large percentage of the highest and lowest changes are excluded.
Because there are variations in projects that submit AFS
from year to year, a different set of projects is used to calculate
OCAFs for each of the past three years. It has been found that the
multiplicative sum of annual estimates calculated in this manner
differs significantly from results based on changes for the same group
of projects over a given time interval.
The project-weighted percentage change method has been
found to have an upward bias. This normally occurs because one-time
large expense increases followed by a similar dollar decrease are not
off-setting when calculated as percentages.
Because of these problems, for FY2011 HUD is reverting to the pre-
FY2008 methodology with limited changes that are subsequently noted.
The Department continues to be interested in using actual FHA data for
cost component categories, and it may make additional adjustments in
the coming years based on further analysis.
FY 2011 OCAFs are calculated as the sum of weighted average cost
changes for wages, employee benefits, property taxes, insurance,
supplies and equipment, fuel oil, electricity, natural gas, and water/
sewer/trash using publicly available indices. The weights used in the
pre-FY2008 OCAF calculations for each of the nine cost component
groupings have been updated using current percentages attributable to
each of the nine expense categories. Average expense proportions were
calculated using the most recent three years of audited Annual
Financial Statements from projects covered by OCAFs. The expenditure
percentages for these nine categories have been found to be very stable
over time, but using three years of data increases their stability. The
nine cost component weights were calculated at the state level, which
is the lowest level of geographical aggregation at which there is
enough projects to permit statistical analysis. No data were available
for the Western Pacific Islands,
[[Page 68617]]
so data for Hawaii were used as the best available indicator of OCAFs
for these areas.
The best current price data sources for the nine cost categories
were used in calculating annual change factors. State-level data for
fuel oil, electricity, and natural gas from Department of Energy
surveys are relatively current and continue to be used. Data on changes
in employee benefits, insurance, property taxes, and water/sewer/trash
costs are only available at the national level and also remain
unchanged from the pre-2008 methodology. Although State level data on
wages is available through BLS's Quarterly Covered Employment and Wage
survey (QCEW), it is not used here because of the lag in availability
and because QCEW wage changes include both the change in wages and the
change in job classifications. Instead, HUD continues to use national
Employment Cost Index (ECI) data on wage changes. Consumer Price Index
data on goods and equipment have replaced a similar Producer Price
Index (PPI) measure, because the PPI excluded the large percentage of
such items that were not domestically produced. The data sources for
the nine cost indicators selected used were as follows:
Labor Costs--First quarter, 2010 Bureau of Labor
Statistics (BLS) ECI, Private Industry Wages and Salaries, All Workers
(Series ID CIU2030000000000I) at the National Level.
Property Taxes--2008-2009 Census Quarterly Summary of
State and Local Government Tax Revenue--Table 1. Annual taxes are
computed as the total of four quarters of tax receipts. Total annual
taxes are then divided by number of households to arrive at average
annual tax per household. Number of households is taken from the
estimates program at the Bureau of the Census. https://www.census.gov/popest/housing/HU-EST2009.html
Goods, Supplies, Equipment: April 2009 to April 2010
Bureau of Labor Statistics (BLS) Consumer Price Index, All Items Less
Food, Energy and shelter (Series ID CUUR0000SA0L12E) at the national
level.
Insurance: April 2009 to April 2010 Bureau of Labor
Statistic (BLS) Consumer Price Index, Tenants and Household Insurance
Index (Series ID CUUR0000SEHD) at the national level.
Fuel Oil: Energy Information Agency, 2008 to 2009 Retail
Price of No. 2 Fuel Oil to Residential Consumers cents per gallon
excluding taxes. Department of Energy multi-state fuel oil grouping
averages used for the States with insufficient fuel oil consumption to
have separate estimates. https://www.eia.gov/dnav/pet/pet_sum_mkt_a_EPD2_PRT_cpgal_a.htm.
Electricity: Energy Information Agency, March 2010
``Electric Power Monthly'' report, Table 5.6.B. https://www.eia.doe.gov/cneaf/electricity/epm/epm_sum.html.
Natural Gas: Energy Information Agency, Natural Gas,
Residential Energy Price, 2008-2009 annual prices in dollars per 1,000
cubic feet at the state level. https://www.eia.doe.gov/dnav/ng/ng_pri_sum_a_EPG0_PRS_DMcf_a.htm.
Water and Sewer: April 2009 to April 2010 Consumer Price
Index, All Urban Consumers, Water and Sewer and Trash Collection
Services (Series ID CUUR0000SEHG) at the national level.
The sum of the nine cost component percentage weights equals 100
percent of operating costs for purposes of OCAF calculations. To
calculate the OCAFs, state-level cost component weights developed from
AFS data are multiplied by the selected inflation factors. For
instance, if wages in Virginia comprised 50 percent of total operating
cost expenses and increased by 4 percent from 2008 to 2009, the wage
increase component of the Virginia OCAF for 2011 would be 2.0 percent
(50% * 4%). This 2.0 percent would then be added to the increases for
the other eight expense categories to calculate the 2006 OCAF for
Virginia. FY 2011 OCAFs are included as an Appendix to this Notice.
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 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: November 2, 2010.
David H. Stevens,
Assistant Secretary for Housing-Federal Housing Commissioner.
Appendix
Operating Cost Adjustment Factors for 2011
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Alabama......................................................... 2.4
Alaska.......................................................... 1.1
Arizona......................................................... 2.6
Arkansas........................................................ 2.1
California...................................................... 1.8
Colorado........................................................ 1.7
Connecticut..................................................... 0.1
Delaware........................................................ 1.5
District of Columbia............................................ 1.7
Florida......................................................... 2.7
Georgia......................................................... 2.2
Hawaii.......................................................... 0.0
Idaho........................................................... 3.0
Illinois........................................................ 0.1
Indiana......................................................... 2.0
Iowa............................................................ 1.7
Kansas.......................................................... 2.2
Kentucky........................................................ 2.2
Louisiana....................................................... 0.8
Maine........................................................... 0.0
Maryland........................................................ 2.2
Massachusetts................................................... 1.6
Michigan........................................................ 2.2
Minnesota....................................................... 1.1
Mississippi..................................................... 2.1
Missouri........................................................ 1.9
Montana......................................................... 0.4
Nebraska........................................................ 1.8
[[Page 68618]]
Nevada.......................................................... 2.8
New Hampshire................................................... 1.3
New Jersey...................................................... 1.8
New Mexico...................................................... 1.1
New York........................................................ 0.3
North Carolina.................................................. 2.4
North Dakota.................................................... 1.3
Ohio............................................................ 2.1
Oklahoma........................................................ 1.4
Oregon.......................................................... 2.6
Pacific Islands................................................. 0.0
Pennsylvania.................................................... 2.0
Puerto Rico..................................................... 2.1
Rhode Island.................................................... 1.1
South Carolina.................................................. 2.5
South Dakota.................................................... 0.5
Tennessee....................................................... 2.5
Texas........................................................... 1.9
Utah............................................................ 2.4
Vermont......................................................... 0.6
Virgin Islands.................................................. 3.0
Virginia........................................................ 2.4
Washington...................................................... 2.7
West Virginia................................................... 3.2
Wisconsin....................................................... 1.7
Wyoming......................................................... 1.9
U.S. Average.................................................... 1.7
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[FR Doc. 2010-28170 Filed 11-5-10; 8:45 am]
BILLING CODE 4210-67-P