Revision to the Section 8 Management Assessment Program Lease-Up Indicator, 59069-59071 [2011-24514]
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Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Proposed Rules
responsibilities among the various
levels of government.
For the reasons discussed above, I
certify this proposed regulation:
1. Is not a ‘‘significant regulatory
action’’ under Executive Order 12866;
2. Is not a ‘‘significant rule’’ under the
DOT Regulatory Policies and Procedures
(44 FR 11034, February 26, 1979); and
3. Will not have a significant
economic impact, positive or negative,
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
We prepared a regulatory evaluation
of the estimated costs to comply with
this proposed AD and placed it in the
AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation
safety, Incorporation by reference,
Safety.
The Proposed Amendment
Accordingly, under the authority
delegated to me by the Administrator,
the FAA proposes to amend 14 CFR part
39 as follows:
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
[Amended]
2. The FAA amends § 39.13 by adding
the following new AD:
Bombardier, Inc.: Docket No. FAA–2011–
0992; Directorate Identifier 2011–NM–
126–AD.
Comments Due Date
(a) We must receive comments by
November 7, 2011.
erowe on DSK2VPTVN1PROD with PROPOSALS-1
Affected ADs
(b) None.
Applicability
(c) This AD applies to Bombardier, Inc.
Model CL–600–2B16 (CL–601–3A, CL–601–
3R, & CL–604 Variants) airplanes, certificated
in any category, serial numbers 5301, 5302,
5305 through 5318 inclusive, 5320 through
5328 inclusive, 5331 through 5349 inclusive,
5351 through 5367 inclusive, 5369 through
5408 inclusive, 5410, 5412 through 5426
inclusive, 5428 through 5438 inclusive, 5440
through 5489 inclusive, 5491 through 5498
inclusive, 5500 through 5517 inclusive, 5519
through 5522 inclusive, and 5524 through
5665 inclusive.
Subject
(d) Air Transport Association (ATA) of
America Code 24: Electrical power.
Reason
(e) The mandatory continuing
airworthiness information (MCAI) states:
VerDate Mar<15>2010
14:41 Sep 22, 2011
Jkt 223001
*
*
*
*
*
Actions
(g) Within 72 months after the effective
date of this AD, replace the ADG power
feeder cable, in accordance with the
Accomplishment Instructions of Bombardier
Service Bulletin 604–24–024, dated January
31, 2011.
Note 1: This AD differs from the MCAI
and/or service information as follows: No
differences.
Other FAA AD Provisions
(h) The following provisions also apply to
this AD:
(1) Alternative Methods of Compliance
(AMOCs): The Manager, New York Aircraft
Certification Office (ACO), ANE–170, FAA,
has the authority to approve AMOCs for this
AD, if requested using the procedures found
in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal
inspector or local Flight Standards District
Office, as appropriate. If sending information
directly to the ACO, send it to ATTN:
Program Manager, Continuing Operational
Safety, FAA, New York ACO, 1600 Stewart
Avenue, Suite 410, Westbury, New York
11590; telephone 516–228–7300; fax 516–
794–5531. Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office. The AMOC
approval letter must specifically reference
this AD.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
Frm 00004
Issued in Renton, Washington on
September 16, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2011–24432 Filed 9–22–11; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5532–P–01]
(f) You are responsible for having the
actions required by this AD performed within
the compliance times specified, unless the
actions have already been done.
PO 00000
Related Information
(i) Refer to MCAI Transport Canada Civil
Aviation (TCCA) Airworthiness Directive
CF–2011–08, dated April 28, 2011; and
Bombardier Service Bulletin 604–24–024,
dated January 31, 2011; for related
information.
24 CFR Part 985
Compliance
FAA AD Differences
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
Three (3) events have occurred where the
Air-Driven Generator (ADG) failed to provide
power on CL–600–2B19 (CRJ) aeroplanes
during their regularly scheduled operational/
functional checks. An investigation revealed
that in all cases, the silver-plated copper
wires within the ADG power feeder cables
were damaged due to galvanic corrosion. It
was subsequently determined that the silverplating is inadequate for this application.
In the event of damage to the power feeder
cable wires, the ADG may not be able to
provide emergency electrical power to the
aeroplane.
Although there have been no reported
failures to date on any CL–600–2B16 (604
Variant) aeroplanes, a sampling program
carried out on these aeroplanes showed signs
of microscopic galvanic corrosion on the
ADG power feeder cable wires.
59069
Fmt 4702
Sfmt 4702
RIN 2577–AC76
Revision to the Section 8 Management
Assessment Program Lease-Up
Indicator
AGENCY: Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Proposed rule.
SUMMARY: This proposed rule would
amend HUD’s regulations for the
Section 8 Management Assessment
program (SEMAP) to revise the process
by which HUD measures and verifies
performance under the SEMAP lease-up
indicator. Specifically, HUD proposes to
amend the existing regulation to reflect
that assessment of a public housing
agency’s (PHA) leasing indicator will be
based on a calendar year cycle, rather
than a fiscal year cycle, which would
increase administrative efficiencies for
PHAs. This proposed rule would also
clarify that units assisted under the
voucher homeownership option or
occupied under a project-based housing
assistance (HAP) contract are included
in the assessment of PHA units leased.
DATES: Comment Due Date: October 24,
2011.
ADDRESSES: Interested persons are
invited to submit comments regarding
this proposed rule to the Regulations
Division, Office of General Counsel,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Room 10276, Washington, DC 20410–
0500. Communications should refer to
the above docket number and title.
There are two methods for submitting
public comments. All submissions must
refer to the above docket number and
title.
1. Submission of Comments by Mail.
Comments may be submitted by mail to
E:\FR\FM\23SEP1.SGM
23SEP1
59070
Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Proposed Rules
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street, SW., Room 10276,
Washington, DC 20410–0500.
2. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
https://www.regulations.gov. HUD
strongly encourages commenters to
submit comments electronically.
Electronic submission of comments
allows the commenter maximum time to
prepare and submit a comment, ensures
timely receipt by HUD, and enables
HUD to make them immediately
available to the public. Comments
submitted electronically through the
https://www.regulations.gov Web site can
be viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
erowe on DSK2VPTVN1PROD with PROPOSALS-1
Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the rule.
No Facsimile Comments. Facsimile
(FAX) comments are not acceptable.
Public Inspection of Public
Comments. All properly submitted
comments and communications
submitted to HUD will be available for
public inspection and copying between
8 a.m. and 5 p.m. weekdays at the above
address. Due to security measures at the
HUD Headquarters building, an
appointment to review the public
comments must be scheduled in
advance by calling the Regulations
Division at 202–708–3055 (this is not a
toll-free number). Individuals with
speech or hearing impairments may
access this number via TTY by calling
the Federal Relay Service at 800–877–
8339. Copies of all comments submitted
are available for inspection and
downloading at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Laure Rawson, Director, Housing
Voucher Management and Operations
Division, Office of Public Housing and
Voucher Programs, Office of Public and
Indian Housing, Department of Housing
and Urban Development, 451 7th Street,
SW., Room 4216, Washington, DC
20410, telephone number 202–402–
2425.
SUPPLEMENTARY INFORMATION:
I. Background
In 2005, the Office of Public and
Indian Housing (PIH) issued PIH Notice
2005–1, which implemented a policy for
VerDate Mar<15>2010
14:41 Sep 22, 2011
Jkt 223001
voucher renewal funding based on a
calendar year system as provided by the
Consolidated Appropriations Act, 2005
(Pub. L. 108–447, 118 Stat. 2809,
approved December 8, 2004). The 2005
Consolidated Appropriations Act
provides, in relevant part, that ‘‘the
Secretary for the calendar year 2005
funding cycle shall renew such
contracts for each public housing
agency based on verified Voucher
Management System leasing and cost
data.’’ (See 118 Stat. 3295.) The 2005
PIH notice provides that ‘‘PHAs will
receive monthly disbursements from
HUD on the basis of the PHA’s
calculated calendar year budget.’’ Since
the issuance of this notice and
consistent with the 2005 appropriations
act, HUD has provided PHAs with
renewal funding for their Housing
Choice Voucher (HCV) program on a
calendar year basis. At the beginning of
each calendar year, PHAs are notified of
their funding amounts for the calendar
year and they plan their voucher
issuance and leasing according to that
funding cycle.
In contrast to the process for
measuring voucher management system
leasing and cost data, the SEMAP leaseup indicator continues to measure a
PHA’s lease-up rate on a fiscal year
basis. The use of a calendar year for
renewal funding, while using a fiscal
year system for SEMAP measurements,
has resulted in increased complexity for
PHAs administering the voucher
program and programmatic inefficiency.
To eliminate such complexity, and
reduce inefficiency in the voucher
program resulting from two processes
based on different periods of
measurement, through this rule HUD
would amend the SEMAP regulations to
provide for the SEMAP lease-up
indicator to be measured based on a
calendar year funding cycle, rather than
the existing fiscal year cycle.
This proposed rule would also clarify
that units assisted under the voucher
homeownership option or occupied
under a project-based housing
assistance (HAP) contract are included
in the assessment of PHA units leased.
These homeownership units and
project-based voucher units have always
been included in the assessment, but
this is not explicit in current
regulations.
II. Findings and Certifications
Justification for 30-Day Public Comment
Period
It is the general practice of the
Department to provide a 60-day public
comment period on all proposed rules.
However, the Department is shortening
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
its usual 60-day public comment period
to 30 days for this proposed rule. This
rule, which promotes consistency
within HUD regulations, alleviates
unnecessary administrative burdens for
PHAs, and provides a more accurate
reflection of PHA lease-up rates.
Therefore, a 60-day public comment
period prior to implementation is
unnecessary, and to further delay
implementation of this policy would be
contrary to the public interest.
Executive Order 12866, Regulatory
Planning and Review
The Office of Management and Budget
(OMB) reviewed this rule under
Executive Order 12866 (entitled
‘‘Regulatory Planning and Review’’).
OMB determined that this proposed rule
is a ‘‘significant regulatory action,’’ as
defined in section 3(f) of the Order
(although not economically significant,
as provided in section 3(f)(1) of the
Order). The docket file is available for
public inspection in the Regulations
Division, Office of General Counsel,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Room 10276, Washington, DC 20410–
0500. Due to security measures at the
HUD Headquarters building, please
schedule an appointment to review the
docket file by calling the Regulations
Division at 202–402–3055 (this is not a
toll-free number). Individuals with
speech or hearing impairments may
access this number via TTY by calling
the Federal Relay Service at 800–877–
8339.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.) generally requires
an agency to conduct a regulatory
flexibility analysis of any rule subject to
notice and comment rulemaking
requirements, unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. The proposed
regulatory amendments will not impose
any economic costs on nonprofit
organizations. Rather, the sole purpose
of the proposed rule is to bring HUD
regulations in line with current PHA
practice. This rule would also provide
clarification for PHAs regarding units
included in this measure.
Environmental Impact
This proposed rule does not direct,
provide for assistance or loan and
mortgage insurance for, or otherwise
govern or regulate real property
acquisition, disposition, leasing,
rehabilitation, alteration, demolition or
new construction, or establish, revise, or
provide for standards for construction or
E:\FR\FM\23SEP1.SGM
23SEP1
Federal Register / Vol. 76, No. 185 / Friday, September 23, 2011 / Proposed Rules
construction materials, manufactured
housing, or occupancy. This rule is
limited to the means by which PHAs
lease-up rates are measured.
Accordingly, under 24 CFR 50.19(c)(1),
this proposed rule is categorically
excluded from environmental review
under the National Environmental
Policy Act of 1969 (42 U.S.C. 4321).
Executive Order 13132, Federalism
Executive Order 13132 (entitled
‘‘Federalism’’) prohibits, to the extent
practicable and permitted by law, an
agency from promulgating a regulation
that has federalism implications and
either imposes substantial direct
compliance costs on state and local
governments and is not required by
statute, or preempts state law, unless the
relevant requirements of section 6 of the
Executive Order are met. This rule does
not have federalism implications and
does not impose substantial direct
compliance costs on state and local
governments or preempt state law
within the meaning of the Executive
Order.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates
Reform Act of 1995 (2 U.S.C. 1531–
1538) (UMRA) establishes requirements
for federal agencies to assess the effects
of their regulatory actions on state,
local, and tribal governments, and on
the private sector. This rule does not
impose any federal mandates on any
state, local, or tribal government, or on
the private sector, within the meaning of
UMRA.
List of Subjects in 24 CFR Part 985
Grant programs—housing and
community development, Housing, Rent
subsidies, Reporting and recordkeeping
requirements.
Accordingly, for the reasons stated in
the preamble, HUD proposes to amend
24 CFR part 985 as follows:
PART 985—SECTION 8 MANAGEMENT
ASSESSMENT PROGRAM (SEMAP)
1. The authority citation for part 985
continues to read as follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f,
and 3535(d).
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2. Revise § 985.3(n) to read as follows:
§ 985.3 Indicators, HUD verification
methods and ratings.
*
*
*
*
*
(n) Lease-up. (1) This indicator shows
whether the PHA enters into HAP
contracts for the number of the PHA’s
baseline voucher units (units that are
contracted under an ACC) for the
calendar year that ends on or before the
VerDate Mar<15>2010
14:41 Sep 22, 2011
Jkt 223001
PHA’s fiscal year or whether the PHA
has expended its allocated budget
authority for the same calendar year.
Units assisted under the voucher
homeownership option and units
occupied under a project-based HAP
contract are included in the
measurement of this indicator. Units
and funding contracted under an ACC
during the assessed calendar year and
units and funding that are obligated for
litigation are not included in the
baseline number of voucher units.
(2) HUD verification method: Percent
of units leased under a tenant-based or
project-based HAP contract or occupied
by homeowners under the voucher
homeownership option during the
calendar year that ends on or before the
assessed PHA’s fiscal year, or the
percent of allocated budget authority
expended during the calendar year that
ends on or before the assessed PHA’s
fiscal year. The percent of units leased
is determined by taking unit months
leased under a HAP contract and unit
months occupied by homeowners under
the voucher homeownership option as
shown in HUD systems for the calendar
year that ends on or before the assessed
PHA fiscal year and dividing that
number by the number of unit months
available for leasing based on the
number of baseline units available at the
beginning of the calendar year.
(3) Rating: (i) The percent of units
leased or occupied by homeowners
under the voucher homeownership
option or the percent of allocated budget
authority expended during the calendar
year that ends on or before the assessed
PHA fiscal year was 98 percent or more.
20 points.
(ii) The percent of units leased or
occupied by homeowners under the
voucher homeownership option or the
percent of allocated budget authority
expended during the calendar year that
ends on or before the assessed PHA
fiscal year was 95 to 97 percent. 15
points.
(iii) The percent of units leased or
occupied by homeowners under the
voucher homeownership option and the
percent of allocated budget authority
expended during the calendar year that
ends on or before the assessed PHA
fiscal year was less than 95 percent.
0 points.
*
*
*
*
*
Dated: August 19, 2011.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian
Housing—HUD.
[FR Doc. 2011–24514 Filed 9–22–11; 8:45 am]
BILLING CODE 4210–67–P
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
59071
CENTRAL INTELLIGENCE AGENCY
32 CFR Part 1900
Freedom of Information Act
Regulations
Central Intelligence Agency.
Proposed rule.
AGENCY:
ACTION:
SUMMARY: Consistent with the Freedom
of Information Act (FOIA), as amended
by the ‘‘Openness Promotes
Effectiveness in our National
Government Act of 2007,’’ and
Executive Orders 13526 and 13392, the
Central Intelligence Agency (CIA) has
undertaken and completed a review of
its public FOIA regulations that govern
certain aspects of its processing of FOIA
requests. As a result of this review, the
Agency proposes to revise its FOIA
regulations to more clearly reflect the
current CIA organizational structure,
record system configuration, and FOIA
policies and practices and to eliminate
ambiguous, redundant and obsolete
regulatory provisions. As required by
the FOIA, the Agency is providing an
opportunity for interested persons to
submit comments on these proposed
regulations.
DATES: Submit comments on or before
November 22, 2011.
ADDRESSES: Submit comments to the
Director, Information Management
Services, Central Intelligence Agency,
Washington, DC 20505 or fax to (703)
613–3020.
FOR FURTHER INFORMATION CONTACT:
Joseph W. Lambert, (703) 613–1379.
SUPPLEMENTARY INFORMATION: Consistent
with the Freedom of Information Act
(FOIA), as amended by the ‘‘Openness
Promotes Effectiveness in our National
Government Act of 2007,’’ and
Executive Order 13392, the CIA has
undertaken and completed a review of
its public FOIA regulations that govern
certain aspects of its processing of FOIA
requests. As a result of this review, the
Agency proposes to revise its FOIA
regulations to more clearly reflect the
current CIA organizational structure,
record system configuration, and FOIA
policies and practices and to eliminate
ambiguous, redundant and obsolete
regulatory provisions. These proposed
regulatory changes are intended to
enhance the administration and
operations of the Agency’s FOIA
program by increasing the transparency
and clarity of the regulations governing
the Agency’s FOIA program.
The proposed regulations would
establish the positions and
responsibilities of the Agency’s Chief
FOIA Officer, the FOIA Public Liaison
E:\FR\FM\23SEP1.SGM
23SEP1
]]>Agencies
[Federal Register Volume 76, Number 185 (Friday, September 23, 2011)]
[Proposed Rules]
[Pages 59069-59071]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-24514]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 985
[Docket No. FR-5532-P-01]
RIN 2577-AC76
Revision to the Section 8 Management Assessment Program Lease-Up
Indicator
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: This proposed rule would amend HUD's regulations for the
Section 8 Management Assessment program (SEMAP) to revise the process
by which HUD measures and verifies performance under the SEMAP lease-up
indicator. Specifically, HUD proposes to amend the existing regulation
to reflect that assessment of a public housing agency's (PHA) leasing
indicator will be based on a calendar year cycle, rather than a fiscal
year cycle, which would increase administrative efficiencies for PHAs.
This proposed rule would also clarify that units assisted under the
voucher homeownership option or occupied under a project-based housing
assistance (HAP) contract are included in the assessment of PHA units
leased.
DATES: Comment Due Date: October 24, 2011.
ADDRESSES: Interested persons are invited to submit comments regarding
this proposed rule to the Regulations Division, Office of General
Counsel, Department of Housing and Urban Development, 451 7th Street,
SW., Room 10276, Washington, DC 20410-0500. Communications should refer
to the above docket number and title. There are two methods for
submitting public comments. All submissions must refer to the above
docket number and title.
1. Submission of Comments by Mail. Comments may be submitted by
mail to
[[Page 59070]]
the Regulations Division, Office of General Counsel, Department of
Housing and Urban Development, 451 7th Street, SW., Room 10276,
Washington, DC 20410-0500.
2. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
https://www.regulations.gov. HUD strongly encourages commenters to
submit comments electronically. Electronic submission of comments
allows the commenter maximum time to prepare and submit a comment,
ensures timely receipt by HUD, and enables HUD to make them immediately
available to the public. Comments submitted electronically through the
https://www.regulations.gov Web site can be viewed by other commenters
and interested members of the public. Commenters should follow the
instructions provided on that site to submit comments electronically.
Note: To receive consideration as public comments, comments must
be submitted through one of the two methods specified above. Again,
all submissions must refer to the docket number and title of the
rule.
No Facsimile Comments. Facsimile (FAX) comments are not acceptable.
Public Inspection of Public Comments. All properly submitted
comments and communications submitted to HUD will be available for
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the
above address. Due to security measures at the HUD Headquarters
building, an appointment to review the public comments must be
scheduled in advance by calling the Regulations Division at 202-708-
3055 (this is not a toll-free number). Individuals with speech or
hearing impairments may access this number via TTY by calling the
Federal Relay Service at 800-877-8339. Copies of all comments submitted
are available for inspection and downloading at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Laure Rawson, Director, Housing
Voucher Management and Operations Division, Office of Public Housing
and Voucher Programs, Office of Public and Indian Housing, Department
of Housing and Urban Development, 451 7th Street, SW., Room 4216,
Washington, DC 20410, telephone number 202-402-2425.
SUPPLEMENTARY INFORMATION:
I. Background
In 2005, the Office of Public and Indian Housing (PIH) issued PIH
Notice 2005-1, which implemented a policy for voucher renewal funding
based on a calendar year system as provided by the Consolidated
Appropriations Act, 2005 (Pub. L. 108-447, 118 Stat. 2809, approved
December 8, 2004). The 2005 Consolidated Appropriations Act provides,
in relevant part, that ``the Secretary for the calendar year 2005
funding cycle shall renew such contracts for each public housing agency
based on verified Voucher Management System leasing and cost data.''
(See 118 Stat. 3295.) The 2005 PIH notice provides that ``PHAs will
receive monthly disbursements from HUD on the basis of the PHA's
calculated calendar year budget.'' Since the issuance of this notice
and consistent with the 2005 appropriations act, HUD has provided PHAs
with renewal funding for their Housing Choice Voucher (HCV) program on
a calendar year basis. At the beginning of each calendar year, PHAs are
notified of their funding amounts for the calendar year and they plan
their voucher issuance and leasing according to that funding cycle.
In contrast to the process for measuring voucher management system
leasing and cost data, the SEMAP lease-up indicator continues to
measure a PHA's lease-up rate on a fiscal year basis. The use of a
calendar year for renewal funding, while using a fiscal year system for
SEMAP measurements, has resulted in increased complexity for PHAs
administering the voucher program and programmatic inefficiency. To
eliminate such complexity, and reduce inefficiency in the voucher
program resulting from two processes based on different periods of
measurement, through this rule HUD would amend the SEMAP regulations to
provide for the SEMAP lease-up indicator to be measured based on a
calendar year funding cycle, rather than the existing fiscal year
cycle.
This proposed rule would also clarify that units assisted under the
voucher homeownership option or occupied under a project-based housing
assistance (HAP) contract are included in the assessment of PHA units
leased. These homeownership units and project-based voucher units have
always been included in the assessment, but this is not explicit in
current regulations.
II. Findings and Certifications
Justification for 30-Day Public Comment Period
It is the general practice of the Department to provide a 60-day
public comment period on all proposed rules. However, the Department is
shortening its usual 60-day public comment period to 30 days for this
proposed rule. This rule, which promotes consistency within HUD
regulations, alleviates unnecessary administrative burdens for PHAs,
and provides a more accurate reflection of PHA lease-up rates.
Therefore, a 60-day public comment period prior to implementation is
unnecessary, and to further delay implementation of this policy would
be contrary to the public interest.
Executive Order 12866, Regulatory Planning and Review
The Office of Management and Budget (OMB) reviewed this rule under
Executive Order 12866 (entitled ``Regulatory Planning and Review'').
OMB determined that this proposed rule is a ``significant regulatory
action,'' as defined in section 3(f) of the Order (although not
economically significant, as provided in section 3(f)(1) of the Order).
The docket file is available for public inspection in the Regulations
Division, Office of General Counsel, Department of Housing and Urban
Development, 451 7th Street, SW., Room 10276, Washington, DC 20410-
0500. Due to security measures at the HUD Headquarters building, please
schedule an appointment to review the docket file by calling the
Regulations Division at 202-402-3055 (this is not a toll-free number).
Individuals with speech or hearing impairments may access this number
via TTY by calling the Federal Relay Service at 800-877-8339.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements, unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
The proposed regulatory amendments will not impose any economic costs
on nonprofit organizations. Rather, the sole purpose of the proposed
rule is to bring HUD regulations in line with current PHA practice.
This rule would also provide clarification for PHAs regarding units
included in this measure.
Environmental Impact
This proposed rule does not direct, provide for assistance or loan
and mortgage insurance for, or otherwise govern or regulate real
property acquisition, disposition, leasing, rehabilitation, alteration,
demolition or new construction, or establish, revise, or provide for
standards for construction or
[[Page 59071]]
construction materials, manufactured housing, or occupancy. This rule
is limited to the means by which PHAs lease-up rates are measured.
Accordingly, under 24 CFR 50.19(c)(1), this proposed rule is
categorically excluded from environmental review under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321).
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits, to the
extent practicable and permitted by law, an agency from promulgating a
regulation that has federalism implications and either imposes
substantial direct compliance costs on state and local governments and
is not required by statute, or preempts state law, unless the relevant
requirements of section 6 of the Executive Order are met. This rule
does not have federalism implications and does not impose substantial
direct compliance costs on state and local governments or preempt state
law within the meaning of the Executive Order.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (2 U.S.C.
1531-1538) (UMRA) establishes requirements for federal agencies to
assess the effects of their regulatory actions on state, local, and
tribal governments, and on the private sector. This rule does not
impose any federal mandates on any state, local, or tribal government,
or on the private sector, within the meaning of UMRA.
List of Subjects in 24 CFR Part 985
Grant programs--housing and community development, Housing, Rent
subsidies, Reporting and recordkeeping requirements.
Accordingly, for the reasons stated in the preamble, HUD proposes
to amend 24 CFR part 985 as follows:
PART 985--SECTION 8 MANAGEMENT ASSESSMENT PROGRAM (SEMAP)
1. The authority citation for part 985 continues to read as
follows:
Authority: 42 U.S.C. 1437a, 1437c, 1437f, and 3535(d).
2. Revise Sec. 985.3(n) to read as follows:
Sec. 985.3 Indicators, HUD verification methods and ratings.
* * * * *
(n) Lease-up. (1) This indicator shows whether the PHA enters into
HAP contracts for the number of the PHA's baseline voucher units (units
that are contracted under an ACC) for the calendar year that ends on or
before the PHA's fiscal year or whether the PHA has expended its
allocated budget authority for the same calendar year. Units assisted
under the voucher homeownership option and units occupied under a
project-based HAP contract are included in the measurement of this
indicator. Units and funding contracted under an ACC during the
assessed calendar year and units and funding that are obligated for
litigation are not included in the baseline number of voucher units.
(2) HUD verification method: Percent of units leased under a
tenant-based or project-based HAP contract or occupied by homeowners
under the voucher homeownership option during the calendar year that
ends on or before the assessed PHA's fiscal year, or the percent of
allocated budget authority expended during the calendar year that ends
on or before the assessed PHA's fiscal year. The percent of units
leased is determined by taking unit months leased under a HAP contract
and unit months occupied by homeowners under the voucher homeownership
option as shown in HUD systems for the calendar year that ends on or
before the assessed PHA fiscal year and dividing that number by the
number of unit months available for leasing based on the number of
baseline units available at the beginning of the calendar year.
(3) Rating: (i) The percent of units leased or occupied by
homeowners under the voucher homeownership option or the percent of
allocated budget authority expended during the calendar year that ends
on or before the assessed PHA fiscal year was 98 percent or more. 20
points.
(ii) The percent of units leased or occupied by homeowners under
the voucher homeownership option or the percent of allocated budget
authority expended during the calendar year that ends on or before the
assessed PHA fiscal year was 95 to 97 percent. 15 points.
(iii) The percent of units leased or occupied by homeowners under
the voucher homeownership option and the percent of allocated budget
authority expended during the calendar year that ends on or before the
assessed PHA fiscal year was less than 95 percent. 0 points.
* * * * *
Dated: August 19, 2011.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing--HUD.
[FR Doc. 2011-24514 Filed 9-22-11; 8:45 am]
BILLING CODE 4210-67-P
