Partial Section Eight Management Assessment Program (SEMAP) Indicator Waiver; Family Self-Sufficiency (FSS) Program Demonstration, 79310-79312 [2013-31044]
Download as PDF
79310
Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations
guideline is also available at https://
www.regulations.gov.
To receive ‘‘Temporary Mandibular
Condyle Reconstruction Plate Class II
Special Controls Guideline,’’ you may
either send an email request to dsmica@
fda.hhs.gov to receive an electronic
copy of the document or send a fax
request to 301–847–8149 to receive a
hard copy. Please use the document
number 1799 to identify the guidance
you are requesting.
V. Environmental Impact
The Agency has determined under 21
CFR 25.34(b) that this action is of a type
that does not individually or
cumulatively have a significant effect on
the human environment. Therefore,
neither an environmental assessment
nor an environmental impact statement
is required.
wreier-aviles on DSK5TPTVN1PROD with RULES
VI. Paperwork Reduction Act of 1995
This final order refers to currently
approved collections of information
found in FDA regulations. These
collections of information are subject to
review by the Office of Management and
Budget (OMB) under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501–
3520). The collections of information in
21 CFR part 812 have been approved
under OMB control number 0910–0078;
the collections of information in part
807, subpart E, have been approved
under OMB control number 0910–0120;
the collections of information in 21 CFR
part 814, subpart B, have been approved
under OMB control number 0910–0231;
and the collections of information under
21 CFR part 801 have been approved
under OMB control number 0910–0485.
VII. Clarifications to Special Controls
Guidelines
The special controls guideline reflects
changes the Agency is making to clarify
its position on the binding nature of
special controls. The changes include
referring to the document as a
‘‘guideline,’’ as that term is used in
section 513(a) of the FD&C Act, which
the Secretary has developed and
disseminated to provide a reasonable
assurance of safety and effectiveness for
class II devices, and not a ‘‘guidance,’’
as that term is used in 21 CFR 10.115.
The guideline also clarifies that firms
will need either to (1) comply with the
particular mitigation measures set forth
in the special controls guideline or (2)
use alternative mitigation measures, but
demonstrate to the Agency’s satisfaction
that those alternative measures
identified by the firm will provide at
least an equivalent assurance of safety
and effectiveness. Finally, the guideline
uses mandatory language to emphasize
VerDate Mar<15>2010
15:10 Dec 27, 2013
Jkt 232001
that firms must comply with special
controls to legally market their class II
devices. These revisions do not
represent a change in FDA’s position
about the binding effect of special
controls, but rather are intended to
address any possible confusion or
misunderstanding.
VIII. Codification of Orders
Prior to the amendments by FDASIA,
section 513(e) of the FD&C Act provided
for FDA to issue regulations to reclassify
devices. Although section 513(e) of the
FD&C Act as amended requires FDA to
issue final orders rather than
regulations, FDASIA also provides for
FDA to revoke previously issued
regulations by order. FDA will continue
to codify classifications and
reclassifications in the Code of Federal
Regulations (CFR). Changes resulting
from final orders will appear in the CFR
as changes to codified classification
determinations or as newly codified
orders. Therefore, under section
513(e)(1)(A)(i) of the FD&C Act, as
amended by FDASIA, in this final order,
we are revoking the requirements in
§ 872.3960 related to the classification
of TMCRPs as Class III devices and
codifying the reclassification of
TMCRPs into Class II.
PDP in effect before being placed in
commercial distribution.
■ 3. Section 872.4770 is added to
subpart E to read as follows:
§ 872.4770 Temporary mandibular condyle
reconstruction plate.
(a) Identification. A temporary
mandibular condyle reconstruction
plate is a device that is intended to
stabilize mandibular bone and provide
for temporary reconstruction of the
mandibular condyle until permanent
reconstruction is completed in patients
who have undergone resective surgical
procedures requiring removal of the
mandibular condyle and mandibular
bone. This device is not intended for
treatment of temporomandibular joint
disorders.
(b) Classification. Class II (special
controls). The special controls for this
device is FDA’s guideline entitled
‘‘Temporary Mandibular Condyle
Reconstruction Plate Class II Special
Controls Guideline.’’ See § 872.1(e) for
the availability of this guidance
document.
Dated: December 23, 2013.
Leslie Kux,
Assistant Commissioner for Policy.
[FR Doc. 2013–31217 Filed 12–27–13; 8:45 am]
BILLING CODE 4160–01–P
List of Subjects in 21 CFR Part 872
Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 872 is
amended as follows:
PART 872—DENTAL DEVICES
1. The authority citation for 21 CFR
part 872 continues to read as follows:
■
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 371.
2. Section 872.3960 is amended by
revising paragraph (c) to read as follows:
■
§ 872.3960
Mandibular condyle prosthesis.
*
*
*
*
*
(c) Date PMA or notice of completion
of a PDP is required. A PMA or a notice
of completion of a PDP is required to be
filed with the Food and Drug
Administration on or before March 30,
1999, for any mandibular condyle
prosthesis that was in commercial
distribution before May 28, 1976, or that
has, on or before March 30, 1999, been
found to be substantially equivalent to
a mandibular condyle prosthesis that
was in commercial distribution before
May 28, 1976. Any other mandibular
condyle prosthesis shall have an
approved PMA or a declared completed
PO 00000
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Fmt 4700
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 985
[Docket No. FR–5729–N–01]
Partial Section Eight Management
Assessment Program (SEMAP)
Indicator Waiver; Family SelfSufficiency (FSS) Program
Demonstration
Office of Policy Development
and Research and Office of Public and
Indian Housing, HUD.
ACTION: Waiver.
AGENCY:
This document advises the
public of a HUD regulation that has
been temporarily waived in order to
facilitate voluntary PHA participation in
the FSS Program Demonstration. The
FSS Program Demonstration is a study
using a random assignment
methodology to evaluate the
effectiveness of the FSS program.
Specifically, this document announces a
temporary, partial waiver to the SEMAP
rating criteria at 24 CFR 985.3(o)
(‘‘Family self-sufficiency (FSS)
enrollment and escrow accounts’’), for
PHAs with a mandatory Housing Choice
Voucher (HCV) FSS program who are
SUMMARY:
E:\FR\FM\30DER1.SGM
30DER1
Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations
participating in the FSS Program
Demonstration.
DATES: Effective December 30, 2013.
FOR FURTHER INFORMATION CONTACT:
Regina Gray, Ph.D., Office of Policy
Development and Research, Department
of Housing and Urban Development,
451 7th Street SW., Room 8132,
Washington, DC 20410; telephone
number 202–402–2876 (this is not a tollfree number). Persons with hearing or
speech impairments may access this
number via TTY by calling the toll-free
Federal Relay Service at 800–877–8339.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK5TPTVN1PROD with RULES
I. Background
The Family Self-Sufficiency (FSS)
Program Demonstration is a random
assignment study conducted under
contract by MDRC 1 and its
subcontractors to evaluate the
effectiveness of the FSS program, as part
of the Transformation Initiative.2 The
FSS program has operated since 1992
and its objective is to enable
participating low-income families to
increase their earned income and reduce
their dependency on welfare assistance
and rental subsidies. FSS program
coordinators create plans with
participating families to achieve goals
and connect them with services that
will enhance their employment
opportunities. As the family’s earnings
increase, money is credited to an escrow
account on behalf of the family. This
study, unlike the two previous studies
of the FSS program, will use a random
assignment model to determine whether
FSS program features, rather than the
characteristics of the participating
families, cause participant incomes to
increase.
PHAs participating in the FSS
Program Demonstration may experience
unintended consequences due to the
requirements for participation and the
methodology of the study. For example,
1 MDRC is a nonprofit, nonpartisan education and
social policy research organization dedicated to
learning what works to improve programs that
affect low-income individuals. See https://
www.mdrc.org/about/about-mdrc-overview-0.
2 In the Consolidated Appropriations Act of 2010,
Public Law 111–117, Congress enacted the
Transformation Initiative, which made up to one
percent of program funds available for (1) research,
evaluation, and program metrics; (2) program
demonstrations; (3) technical assistance; and (4)
information technology. The Transformation
Initiative was renewed under the full-year
continuing appropriations act for FY 2011, Public
Law 111–242. The Consolidated and Further
Continuing Appropriations Act of 2012, Public Law
112–55, renewed the Transformation Initiative
again, but designated a specific amount of money
to remain available until September 30, 2014. The
continuing appropriations resolution for 2013,
Public Law 112–175, did not impose any additional
limitations on the Transformation Initiative.
VerDate Mar<15>2010
15:10 Dec 27, 2013
Jkt 232001
PHAs are required to recruit and screen
about twice as many families as they
would usually enroll in the program in
a year, to maintain stable enrollment in
the FSS program when only half of the
families are randomly assigned to a
treatment group (enrollment in FSS) and
the other half are assigned to a control
group (non-enrollment). In fact, PHAs
may voluntarily increase the number of
FSS participants they have because of
the program demand resulting from the
enhanced recruitment methods they are
using and their commitment to the
evaluative process.
In addition to the requirement to
screen more families for participation in
the FSS program than in the past and
the option to enroll more participants,
PHAs participating in the FSS Program
Demonstration will have less control
over which participants are enrolled in
their FSS programs due to the random
assignment of families to either the
treatment or control group. If families
enrolled in the FSS program by random
assignment (as a result of a PHA’s
participation in the FSS Program
Demonstration) accrue escrow balances
at lower rates than previous cohorts of
families, PHAs participating in the FSS
Program Demonstration may experience
a decreased rating on the Section 8
Management Assessment Program
(SEMAP) performance indicator that
specifically measures for the percentage
of families with escrow balances.
SEMAP, through a four-page
questionnaire, provides one way for
PHAs to certify their performance to
HUD on fourteen indicators. Under
current regulations at 24 CFR part 985,
the SEMAP Certification form (HUD–
52648) must be submitted annually by
all PHAs administering Section 8
tenant-based assistance programs.
(Information collection requirements
have been approved by the Office of
Management and Budget under control
number 2577–0215). Upon receipt of the
certification, HUD rates the PHA’s
performance under each SEMAP
indicator in accordance with 24 CFR
985.3.
As discussed above, there is a
possibility that participating in the FSS
Program Demonstration may result in a
PHA having a lower percentage of
families with escrow account balances
than they otherwise would have had in
their FSS program. This is problematic
because the indicator at 24 CFR
985.3(o),3 which corresponds to items
14a and 14b of the SEMAP Certification,
awards a PHA a rating ranging from zero
to ten points based on a combination of
3 Regulations at 24 CFR 985.3(o) are only
applicable to PHAs with mandatory FSS programs.
PO 00000
Frm 00029
Fmt 4700
Sfmt 4700
79311
two components: (1) The percentage of
mandatory FSS slots filled; and (2) the
percentage of FSS families that have
escrow account balances. This, in turn,
may negatively impact a PHA’s overall
performance rating, as described in 24
CFR 985.103. The possibility of this
outcome may deter PHAs from
volunteering to participate in this
important study. In order to ensure that
PHAs will not be affected negatively by
participation in the FSS Program
Demonstration, HUD is partially
waiving 24 CFR 985.3(o), as discussed
below.
II. Partial Waiver of 24 CFR 985.3(o)
This document announces a partial
waiver to the rating criteria of the
‘‘Family self-sufficiency (FSS)
enrollment and escrow accounts’’
SEMAP indicator item discussed at 24
CFR 985.3(o)(3)(i)–(vi) for PHAs with a
mandatory HCV FSS program, who are
participating in the FSS Program
Demonstration, effective from December
30, 2013 through September 30, 2018.
During only the second and third full
reporting periods ending after the PHA’s
enrollment in the demonstration, PHAs
meeting the aforementioned criteria may
elect to have the SEMAP performance
indicator for FSS enrollment and escrow
accounts rated by omitting reference to
the percent of FSS families with escrow
balances (SEMAP indicator item 14b of
form HUD–52648).4 Thus, the rating
would be determined solely by the
percentage of mandatory FSS slots that
have been filled by the PHA, as reported
in SEMAP indicator item 14a of form
HUD–52648.5
In order to affirmatively elect to apply
this waiver, a PHA participating in the
FSS Program Demonstration must select
‘‘Check here if not applicable’’ under
SEMAP indicator item 14b of form
HUD–52648. PHAs participating in the
demonstration that have a mandatory
4 For example, if a PHA enrolls in the FSS
Program Demonstration in July 2013, and has a
SEMAP reporting period of October 1 through
September 30, the waiver would be applicable for
October 1, 2014 through September 30, 2015 (the
second full reporting period ending after the PHA’s
enrollment in the demonstration) and October 1,
2015 through September 30, 2016 (the third full
reporting period ending after the PHA’s enrollment
in the demonstration). The waiver is not applicable
to earlier reporting periods because the SEMAP
score measures escrow among families with
progress reports, and treatment group families
generally will not have progress reports until the
second full reporting period ending after the PHA’s
enrollment in the demonstration.
5 For example, if a PHA has filled 80 percent or
more of its mandatory FSS slots, it will receive 10
points (24 CFR 985.3(o)(3)(i)), regardless of the
percent of families with escrow account balances.
E:\FR\FM\30DER1.SGM
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79312
Federal Register / Vol. 78, No. 250 / Monday, December 30, 2013 / Rules and Regulations
HCV FSS program 6 must continue to
report on item 14a and may not select
‘‘Check here if not applicable’’ under
SEMAP indicator item 14a of form
HUD–52648.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
III. Authority To Grant Waivers
[Docket Number USCG–2013–1030]
Under 24 CFR 5.110, HUD’s
regulations in 24 CFR may be waived
upon a determination of good cause,
subject to statutory limitations. A partial
waiver of 24 CFR 985.3(o) was
determined necessary to eliminate
penalties that may be associated with
voluntary participation in the FSS
Program Demonstration.
IV. Findings and Certifications
Paperwork Reduction Act
The information collection
requirements applicable to this waiver
have been submitted to the Office of
Management and Budget (OMB) under
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3520) and assigned
OMB Control Numbers 2528–0296 and
2577–0215. In accordance with the
Paperwork Reduction Act, HUD may not
conduct or sponsor, and a person is not
required to respond to, a collection of
information, unless the collection
displays a currently valid OMB control
number.
Environmental Impact
This document 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
construction materials, manufactured
housing, or occupancy. Accordingly,
under 24 CFR 50.19(c)(1), this document
is categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321).
Dated: December 19, 2013.
Sandra Henriquez,
Assistant Secretary for Public and Indian
Housing.
[FR Doc. 2013–31044 Filed 12–27–13; 8:45 am]
wreier-aviles on DSK5TPTVN1PROD with RULES
BILLING CODE 4210–67–P
6 Some PHAs are required, by statute, to carry out
a FSS program; see 42 U.S.C. 1437u.
VerDate Mar<15>2010
15:10 Dec 27, 2013
Jkt 232001
Drawbridge Operation Regulation;
Upper Mississippi River, Rock Island,
IL
Coast Guard, DHS.
Notice of deviation from
drawbridge regulations.
AGENCY:
ACTION:
The Coast Guard has issued a
temporary deviation from the operating
schedule that governs the Rock Island
Railroad and Highway Drawbridge
across the Upper Mississippi River, mile
482.9, at Rock Island, Illinois. The
deviation is necessary to allow the St.
Patrick’s Day Road Race to cross the
bridge. This deviation allows the bridge
to be maintained in the closed-tonavigation position for two hours.
DATES: This deviation is effective from
10 a.m. to noon, March 15, 2014.
ADDRESSES: The docket for this
deviation, [USCG–2013–1030] is
available at https://www.regulations.gov.
Type the docket number in the
‘‘SEARCH’’ box and click ‘‘SEARCH.’’
Click on Open Docket Folder on the line
associated with this deviation. You may
also visit the Docket Management
Facility in Room W12–140 on the
ground floor of the Department of
Transportation, West Building, 1200
New Jersey Avenue SE., Washington,
DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this temporary
deviation, call or email Eric A.
Washburn, Bridge Administrator,
Western Rivers, Coast Guard; telephone
314–269–2378, email Eric.Washburn@
uscg.mil. If you have questions on
viewing the docket, contact Barbara
Hairston, Program Manager, Docket
Operations, telephone 202–366–9826.
SUPPLEMENTARY INFORMATION: The U.S.
Army Rock Island Arsenal requested a
temporary deviation for the Rock Island
Railroad and Highway Drawbridge,
across the Upper Mississippi River, mile
482.9, at Rock Island, Illinois to remain
in the closed-to-navigation position for
a two hour period from 10 a.m. to noon,
March 15, 2014, while the St. Patrick’s
Day Road Race is held between the
cities of Davenport, IA and Rock Island,
IL.
The Rock Island Railroad and
Highway Drawbridge currently operates
SUMMARY:
PO 00000
Frm 00030
Fmt 4700
Sfmt 4700
in accordance with 33 CFR 117.5, which
states the general requirement that
drawbridges shall open promptly and
fully for the passage of vessels when a
request to open is given in accordance
with the subpart.
There are no alternate routes for
vessels transiting this section of the
Upper Mississippi River.
The Rock Island Railroad and
Highway Drawbridge, in the closed-tonavigation position, provides a vertical
clearance of 23.8 feet above normal
pool. Navigation on the waterway
consists primarily of commercial tows
and recreational watercraft. This
temporary deviation has been
coordinated with waterway users. No
objections were received.
In accordance with 33 CFR 117.35(e),
the drawbridge must return to its regular
operating schedule immediately at the
end of the effective period of this
temporary deviation. This deviation
from the operating regulations is
authorized under 33 CFR 117.35.
Dated: December 18, 2013.
Eric A. Washburn,
Bridge Administrator, Western Rivers.
[FR Doc. 2013–31278 Filed 12–27–13; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket Number USCG–2013–0934]
RIN 1625–AA87
Security Zone; On the Waters in Kailua
Bay, Oahu, HI
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary security zone
on the waters south of Kapoho Point
and a nearby channel in Kailua Bay
within the Honolulu Captain of the Port
(COTP) Zone. This security zone is
necessary to ensure the safety of the
President of the United States.
DATES: This rule is effective without
actual notice from December 30, 2013
through 10 p.m. (HST) on January 5,
2014. For the purposes of enforcement,
actual notice will be used from 6 a.m.
(HST) on December 20, 2013, through
10 p.m. (HST) on January 5, 2014.
ADDRESSES: Documents mentioned in
this preamble are part of docket USCG–
2013–0934. To view documents
mentioned in this preamble as being
SUMMARY:
E:\FR\FM\30DER1.SGM
30DER1
Agencies
[Federal Register Volume 78, Number 250 (Monday, December 30, 2013)]
[Rules and Regulations]
[Pages 79310-79312]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-31044]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 985
[Docket No. FR-5729-N-01]
Partial Section Eight Management Assessment Program (SEMAP)
Indicator Waiver; Family Self-Sufficiency (FSS) Program Demonstration
AGENCY: Office of Policy Development and Research and Office of Public
and Indian Housing, HUD.
ACTION: Waiver.
-----------------------------------------------------------------------
SUMMARY: This document advises the public of a HUD regulation that has
been temporarily waived in order to facilitate voluntary PHA
participation in the FSS Program Demonstration. The FSS Program
Demonstration is a study using a random assignment methodology to
evaluate the effectiveness of the FSS program. Specifically, this
document announces a temporary, partial waiver to the SEMAP rating
criteria at 24 CFR 985.3(o) (``Family self-sufficiency (FSS) enrollment
and escrow accounts''), for PHAs with a mandatory Housing Choice
Voucher (HCV) FSS program who are
[[Page 79311]]
participating in the FSS Program Demonstration.
DATES: Effective December 30, 2013.
FOR FURTHER INFORMATION CONTACT: Regina Gray, Ph.D., Office of Policy
Development and Research, Department of Housing and Urban Development,
451 7th Street SW., Room 8132, Washington, DC 20410; telephone number
202-402-2876 (this is not a toll-free number). Persons with hearing or
speech impairments may access this number via TTY by calling the toll-
free Federal Relay Service at 800-877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
The Family Self-Sufficiency (FSS) Program Demonstration is a random
assignment study conducted under contract by MDRC \1\ and its
subcontractors to evaluate the effectiveness of the FSS program, as
part of the Transformation Initiative.\2\ The FSS program has operated
since 1992 and its objective is to enable participating low-income
families to increase their earned income and reduce their dependency on
welfare assistance and rental subsidies. FSS program coordinators
create plans with participating families to achieve goals and connect
them with services that will enhance their employment opportunities. As
the family's earnings increase, money is credited to an escrow account
on behalf of the family. This study, unlike the two previous studies of
the FSS program, will use a random assignment model to determine
whether FSS program features, rather than the characteristics of the
participating families, cause participant incomes to increase.
---------------------------------------------------------------------------
\1\ MDRC is a nonprofit, nonpartisan education and social policy
research organization dedicated to learning what works to improve
programs that affect low-income individuals. See https://www.mdrc.org/about/about-mdrc-overview-0.
\2\ In the Consolidated Appropriations Act of 2010, Public Law
111-117, Congress enacted the Transformation Initiative, which made
up to one percent of program funds available for (1) research,
evaluation, and program metrics; (2) program demonstrations; (3)
technical assistance; and (4) information technology. The
Transformation Initiative was renewed under the full-year continuing
appropriations act for FY 2011, Public Law 111-242. The Consolidated
and Further Continuing Appropriations Act of 2012, Public Law 112-
55, renewed the Transformation Initiative again, but designated a
specific amount of money to remain available until September 30,
2014. The continuing appropriations resolution for 2013, Public Law
112-175, did not impose any additional limitations on the
Transformation Initiative.
---------------------------------------------------------------------------
PHAs participating in the FSS Program Demonstration may experience
unintended consequences due to the requirements for participation and
the methodology of the study. For example, PHAs are required to recruit
and screen about twice as many families as they would usually enroll in
the program in a year, to maintain stable enrollment in the FSS program
when only half of the families are randomly assigned to a treatment
group (enrollment in FSS) and the other half are assigned to a control
group (non-enrollment). In fact, PHAs may voluntarily increase the
number of FSS participants they have because of the program demand
resulting from the enhanced recruitment methods they are using and
their commitment to the evaluative process.
In addition to the requirement to screen more families for
participation in the FSS program than in the past and the option to
enroll more participants, PHAs participating in the FSS Program
Demonstration will have less control over which participants are
enrolled in their FSS programs due to the random assignment of families
to either the treatment or control group. If families enrolled in the
FSS program by random assignment (as a result of a PHA's participation
in the FSS Program Demonstration) accrue escrow balances at lower rates
than previous cohorts of families, PHAs participating in the FSS
Program Demonstration may experience a decreased rating on the Section
8 Management Assessment Program (SEMAP) performance indicator that
specifically measures for the percentage of families with escrow
balances.
SEMAP, through a four-page questionnaire, provides one way for PHAs
to certify their performance to HUD on fourteen indicators. Under
current regulations at 24 CFR part 985, the SEMAP Certification form
(HUD-52648) must be submitted annually by all PHAs administering
Section 8 tenant-based assistance programs. (Information collection
requirements have been approved by the Office of Management and Budget
under control number 2577-0215). Upon receipt of the certification, HUD
rates the PHA's performance under each SEMAP indicator in accordance
with 24 CFR 985.3.
As discussed above, there is a possibility that participating in
the FSS Program Demonstration may result in a PHA having a lower
percentage of families with escrow account balances than they otherwise
would have had in their FSS program. This is problematic because the
indicator at 24 CFR 985.3(o),\3\ which corresponds to items 14a and 14b
of the SEMAP Certification, awards a PHA a rating ranging from zero to
ten points based on a combination of two components: (1) The percentage
of mandatory FSS slots filled; and (2) the percentage of FSS families
that have escrow account balances. This, in turn, may negatively impact
a PHA's overall performance rating, as described in 24 CFR 985.103. The
possibility of this outcome may deter PHAs from volunteering to
participate in this important study. In order to ensure that PHAs will
not be affected negatively by participation in the FSS Program
Demonstration, HUD is partially waiving 24 CFR 985.3(o), as discussed
below.
---------------------------------------------------------------------------
\3\ Regulations at 24 CFR 985.3(o) are only applicable to PHAs
with mandatory FSS programs.
---------------------------------------------------------------------------
II. Partial Waiver of 24 CFR 985.3(o)
This document announces a partial waiver to the rating criteria of
the ``Family self-sufficiency (FSS) enrollment and escrow accounts''
SEMAP indicator item discussed at 24 CFR 985.3(o)(3)(i)-(vi) for PHAs
with a mandatory HCV FSS program, who are participating in the FSS
Program Demonstration, effective from December 30, 2013 through
September 30, 2018. During only the second and third full reporting
periods ending after the PHA's enrollment in the demonstration, PHAs
meeting the aforementioned criteria may elect to have the SEMAP
performance indicator for FSS enrollment and escrow accounts rated by
omitting reference to the percent of FSS families with escrow balances
(SEMAP indicator item 14b of form HUD-52648).\4\ Thus, the rating would
be determined solely by the percentage of mandatory FSS slots that have
been filled by the PHA, as reported in SEMAP indicator item 14a of form
HUD-52648.\5\
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\4\ For example, if a PHA enrolls in the FSS Program
Demonstration in July 2013, and has a SEMAP reporting period of
October 1 through September 30, the waiver would be applicable for
October 1, 2014 through September 30, 2015 (the second full
reporting period ending after the PHA's enrollment in the
demonstration) and October 1, 2015 through September 30, 2016 (the
third full reporting period ending after the PHA's enrollment in the
demonstration). The waiver is not applicable to earlier reporting
periods because the SEMAP score measures escrow among families with
progress reports, and treatment group families generally will not
have progress reports until the second full reporting period ending
after the PHA's enrollment in the demonstration.
\5\ For example, if a PHA has filled 80 percent or more of its
mandatory FSS slots, it will receive 10 points (24 CFR
985.3(o)(3)(i)), regardless of the percent of families with escrow
account balances.
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In order to affirmatively elect to apply this waiver, a PHA
participating in the FSS Program Demonstration must select ``Check here
if not applicable'' under SEMAP indicator item 14b of form HUD-52648.
PHAs participating in the demonstration that have a mandatory
[[Page 79312]]
HCV FSS program \6\ must continue to report on item 14a and may not
select ``Check here if not applicable'' under SEMAP indicator item 14a
of form HUD-52648.
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\6\ Some PHAs are required, by statute, to carry out a FSS
program; see 42 U.S.C. 1437u.
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III. Authority To Grant Waivers
Under 24 CFR 5.110, HUD's regulations in 24 CFR may be waived upon
a determination of good cause, subject to statutory limitations. A
partial waiver of 24 CFR 985.3(o) was determined necessary to eliminate
penalties that may be associated with voluntary participation in the
FSS Program Demonstration.
IV. Findings and Certifications
Paperwork Reduction Act
The information collection requirements applicable to this waiver
have been submitted to the Office of Management and Budget (OMB) under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520) and assigned
OMB Control Numbers 2528-0296 and 2577-0215. In accordance with the
Paperwork Reduction Act, HUD may not conduct or sponsor, and a person
is not required to respond to, a collection of information, unless the
collection displays a currently valid OMB control number.
Environmental Impact
This document 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 construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this
document is categorically excluded from environmental review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321).
Dated: December 19, 2013.
Sandra Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2013-31044 Filed 12-27-13; 8:45 am]
BILLING CODE 4210-67-P