Public Housing Assessment System (PHAS) Capital Fund Interim Scoring Notice: Reinstitution of Five Points for Occupancy Sub-Indicator and Request for Comment, 37766-37767 [2014-15586]
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Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Notices
Type of Request: Extension of
currently approved collection.
Form Number: HUD–92330.
Description of the need for the
information and proposed use: HUD
uses the form to obtain data from a
mortgagor relative to the actual cost of
a project. HUD uses the cost information
to determine the maximum insurable
mortgage for final endorsement of an
insured mortgage. Actual cost is defined
in section 227(c) of the National
Housing Act. In addition Form HUD–
92330 must be accompanied by an
audited balance sheet certified by an
accountant unless the project has less
than 40 units, or if it is a refinancing or
a purchase of an existing project under
207/223f or 232/223f.
Respondents: Insured Mortgagees.
Estimated Number of Respondents:
2151.
Estimated Number of Responses:
2151.
Frequency of Response: 1.
Average Hours per Response: 8.
Total Estimated Burdens: 17,208.
B. Solicitation of Public Comment
mstockstill on DSK4VPTVN1PROD with NOTICES
This notice is soliciting comments
from members of the public and affected
parties concerning the collection of
information described in Section A on
the following:
(1) Whether the proposed collection
of information is necessary for the
proper performance of the functions of
the agency, including whether the
information will have practical utility;
(2) The accuracy of the agency’s
estimate of the burden of the proposed
collection of information;
(3) Ways to enhance the quality,
utility, and clarity of the information to
be collected; and
(4) Ways to minimize the burden of
the collection of information on those
who are to respond; including through
the use of appropriate automated
collection techniques or other forms of
information technology, e.g., permitting
electronic submission of responses.
HUD encourages interested parties to
submit comment in response to these
questions.
Authority: Section 3507 of the Paperwork
Reduction Act of 1995, 44 U.S.C. Chapter 35.
Dated: June 25, 2014.
Laura M. Marin,
Associate General Deputy Assistant Secretary
for Housing-Associate Deputy Federal
Housing Commissioner.
[FR Doc. 2014–15588 Filed 7–1–14; 8:45 am]
BILLING CODE 4210–67–P
VerDate Mar<15>2010
17:49 Jul 01, 2014
Jkt 232001
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5747–N–02]
Public Housing Assessment System
(PHAS) Capital Fund Interim Scoring
Notice: Reinstitution of Five Points for
Occupancy Sub-Indicator and Request
for Comment
Office of the Assistant
Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
AGENCY:
This notice makes final a
prior notice reinstating, temporarily, the
award of 5 points for the occupancy
sub-indicator of the Capital Fund
Program Indicator to all PHAs for the
PHAS Capital Fund Program Indicator.
This award of points is provided as
regulatory relief from a non-statutory
element of PHAS and intended to help
lessen the impact of decreases in
funding in recent appropriations acts.
Adding automatic points for the
occupancy sub-indicator will allow
PHAs to focus on the statutory criteria
for assessing performance under the
Capital Fund Indicator, which is timely
obligation of the Capital Funds and will
in no way limit HUD’s oversight and
monitoring of PHAs. This notice, in
order to ensure there is no confusion on
this point, is explicit about the fact that
the remainder of the Capital Fund
Scoring Notice of February 23, 2011
remains in effect and unchanged by this
notice, and if the PHA receives 0 points
for the timeliness of obligation
subindicator, it is not eligible for points
for the occupancy subindicator.
DATES: Effective Date: July 2, 2014.
Applicability Dates: This notice
applies to PHAs with fiscal years ending
March 31, 2014, June 30, 2014,
September 30, 2014, December 31, 2014,
March 31, 2015, June 30 2015,
September 30, 2015, and December 31,
2015.
FOR FURTHER INFORMATION CONTACT:
Claudia J. Yarus, Real Estate Assessment
Center (REAC), Office of Public and
Indian Housing, Department of Housing
and Urban Development, 550 12th
Street SW., Suite 100, Washington, DC
20410, telephone 202–475–8830 (this is
not a toll-free number). Persons with
hearing or speech impairments may
access this number through TTY by
calling the toll-free Federal Relay
Service at 800–877–8339. Additional
information is available from the REAC
Internet site at https://www.hud.gov/
offices/reac/.
SUPPLEMENTARY INFORMATION:
SUMMARY:
PO 00000
Frm 00056
Fmt 4703
Sfmt 4703
I. Background
On December 16, 2013, HUD
published a notice proposing for public
comment its intent to reinstitute,
temporarily, the award of 5 points for
the occupancy sub-indicator of the
Capital Fund Program Indicator to all
PHAs for the PHAS Capital Fund
Program Indicator (78 FR 76160). This
final notice follows that proposed
notice.
II. The Public Comments
The public comment period ended on
January 15, 2014. By the end of the
public comment period, HUD received
12 public submissions on a variety of
issues. While all commenters except for
one agreed with the result of the notice,
only one stated unqualified agreement;
the other supportive commenters raised
issues notwithstanding their overall
agreement. A summary of the significant
issues raised and HUD’s response
follows.
Issue: Six commenters agreed with the
notice but stated that the change should
be implemented permanently. Some of
these commenters stated that, absent
this relief, the 40 percent reduction in
capital funding over the years combined
with the elevated standards imposed by
UPCS, would increase the number of
troubled PHAs due to uncontrollable
circumstances. A commenter stated that
given the current financial climate,
especially in rural areas, the award of
five points will make a definite
difference. Another commenter stated
that it is important to keep up with the
area private housing market and
maintain the good will of residents.
Response: HUD has determined at this
time to not make this a permanent
change in the scoring. The purpose of
awarding PHAs the full five points for
the Capital Fund occupancy subindicator automatically for a two year
period allows PHAs to focus on the
statutory criteria of assessing
performance under the Capital Fund
Indicator which is the timely obligation
of Capital Funds. HUD is providing this
relief to help lessen the impact of some
of the automatic across-the-board
funding cuts on PHAs. Even in times of
difficult funding, however, HUD
believes PHAs must maximize
occupancy to the extent possible.
Issue: Three commenters agreed with
the notice but requested that the fiscal
years covered by the notice be
increased. One commenter stated that
the notice should be retroactive to the
previous fiscal year. One commenter
stated that the notice should include at
least fiscal years ending December 31,
2013, and possibly September 30, 2013,
E:\FR\FM\02JYN1.SGM
02JYN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 79, No. 127 / Wednesday, July 2, 2014 / Notices
out of fairness because of the negative
budget impacts of prior Continuing
Resolutions and sequestration, which
resulted in a full year of reduced
allocations, which in turn reduced the
commenter’s ability to adequately
address vacancies during the entire
period.
One commenter stated that the notice
should be applied to fiscal year 2013
because of the effect of sequestration
cuts, which forced them to cut
maintenance staff and increased unit
turn-around time, and that if the
commenter had known that HUD would
issue the notice, it would have waited
until 2014 to institute certain policy
changes which, although good for the
future, increased its short-term vacancy
rate. The commenter stated that ‘‘We
had operating reserves recaptured in
2012 and in 2013 we were only funded
at 82 percent. We had to reduce our
maintenance staff due to the
sequestration and budget cuts. At the
same time our units are older and
require a longer ‘make ready’ time
frame. We have more vacant units than
we have ever had. We have 78
applications on our waiting list and 22
vacant units. Our maximum unit turnaround is 4 units a week. Two policy
changes contributed to our having a
much higher vacancy than usual. First
on 7/1/13 we implemented a ‘SmokeFree’ policy in our elderly high-rise and
some family units and we allowed
elderly residents to transfer to nonSmoke-Free units. We also implemented
a Prompt Rent Pay Policy in 2013,
whereby residents that are late paying
rent more than 3 times in 12 months, are
sent an eviction notice. This caused
several evictions in 2013.’’
Response: HUD has determined at this
time to neither increase the number of
fiscal year end dates nor to change the
fiscal year end dates for which all PHAs
will be awarded five points in the
Capital Fund occupancy sub-indicator
assessment. HUD declines to make an
adjustment in to the applicability date
section of the notice because of the
spending decisions of particular PHAs
in prior fiscal years even given programwide budget shortfalls. It is the decision
of each PHA, based on the funding
available in any given year, how to best
serve the families in their communities
and operate their housing agency during
that year, including how best to allocate
their funding between the most
important capital needs and other
programs given the recent funding
environment. Going forward, this notice
will provide relief to PHAs for two full
fiscal years.
Issue: Two commenters stated that,
while the notice was ‘‘appreciated’’ and
VerDate Mar<15>2010
17:49 Jul 01, 2014
Jkt 232001
‘‘a welcome and needed form of
regulatory relief,’’ the occupancy subindicator under the Capital Fund
Indicator should be permanently
removed from the PHAS scoring
regulations. One commenter stated that
housing agencies are already scored in
occupancy under the Management
Indicator, and the occupancy subindicator under the Capital Fund
Indicator deters housing agencies from
having vacant units necessary to
perform construction work to preserve
their public housing stock. The other
commenter stated that ‘‘as the
occupancy is already applied in the
Management Indicator,’’ this
subindicator is a double penalty.
Response: Removal of the Capital
Fund occupancy sub-indicator from
PHAS is outside the scope of this notice.
This notice is limited to the temporary
award to PHAs of the full five points for
the Capital Fund occupancy subindicator for PHA fiscal years ending
March 31, 2014, through and including
December 31, 2015. Removal of the
occupancy sub-indicator would require
a regulatory revision of 24 CFR
902.50(c).
HUD remains concerned about the
time dwelling units are in
modernization status. The scoring of the
Capital Fund occupancy sub-indicator
allows up to 4 percent of a PHA’s
dwelling units to be vacant at any one
time for non-dwelling uses and
modernization for the PHA to receive
the full 5 points and up to 7 percent to
receive partial points. To achieve a
higher occupancy rate, which in turn
results in a higher Capital Fund
occupancy score, HUD encourages
PHAs to continue ongoing proactive
capital projects, to strategize and stage
modernization projects minimizing the
number of off-line units, as well as the
time they are off-line, and, because not
all modernization requires a family to
vacate, to consider performing
modernization work in occupied units.
With the Capital Fund occupancy
measure based on data the PHA enters
in the Public and Indian Housing
Information Center (PIC) as of the last
day of the PHA’s fiscal year, HUD
believes PHAs can effectively plan
modernization projects early each fiscal
year as preparation for the calculation of
the occupancy percentage that will be
performed at the end of the PHA’s fiscal
year.
Issue: One commenter opposed the
notice, stating that ‘‘reinstatement of
this scoring sub indicator is duplicative
and unfair, and therefore should not
occur. PHAs are already rated on
occupancy as part of the scoring under
management. It makes no sense to score
PO 00000
Frm 00057
Fmt 4703
Sfmt 4703
37767
twice on exactly the same criteria,
especially since the outcomes are often
out of control of the PHA. Further,
occupancy rates are in no way linked to
the capital fund. The Capital Fund is
currently scored based on timely
obligation of funds and completion of
work. This should remain in place as
these are the only factors of any
relevance to the Capital Fund.’’
Response: It appears this commenter
misinterpreted the notice as reinstating
the Capital Fund subindicator for
occupancy. This notice does not
reinstate this subindicator, which is
established by regulation at 24 CFR
902.50(c). This notice grants relief to
scores under this subindicator. PHAs
are reminded that the remainder of the
Capital Fund Scoring Notice of February
23, 2011 remains in effect and
unchanged by this notice, and if the
PHA receives 0 points for the timeliness
of obligation subindicator, it is not
eligible for points for the occupancy
subindicator (see 76 FR 10054).
III. Action
For the foregoing reasons this notice
makes final the proposed notice issued
on December 16, 2013. Accordingly, this
notice advises that HUD is awarding an
automatic 5 points for the Capital Fund
occupancy sub-indicator for fiscal years
ending March 31, 2014, June 30, 2014,
September 30, 2014, December 31, 2014,
March 31, 2015, June 30, 2015,
September 30, 2015, and December 31,
2015.
Dated: June 26, 2014.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian
Housing.
[FR Doc. 2014–15586 Filed 7–1–14; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–R2–ES–2014–N136;
FRES480102200B0–XXX–FF02ENEH00]
Information Collection Request Sent to
the Office of Management and Budget
(OMB) for Approval; Survey of Rancher
Opinions About Wildlife and Jaguar
Habitat Management
Fish and Wildlife Service,
Interior.
ACTION: Notice; request for comments.
AGENCY:
We (U.S. Fish and Wildlife
Service) have sent an Information
Collection Request (ICR) to OMB for
review and approval. We summarize the
ICR below and describe the nature of the
SUMMARY:
E:\FR\FM\02JYN1.SGM
02JYN1
]]>Agencies
[Federal Register Volume 79, Number 127 (Wednesday, July 2, 2014)]
[Notices]
[Pages 37766-37767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15586]
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5747-N-02]
Public Housing Assessment System (PHAS) Capital Fund Interim
Scoring Notice: Reinstitution of Five Points for Occupancy Sub-
Indicator and Request for Comment
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice makes final a prior notice reinstating,
temporarily, the award of 5 points for the occupancy sub-indicator of
the Capital Fund Program Indicator to all PHAs for the PHAS Capital
Fund Program Indicator. This award of points is provided as regulatory
relief from a non-statutory element of PHAS and intended to help lessen
the impact of decreases in funding in recent appropriations acts.
Adding automatic points for the occupancy sub-indicator will allow PHAs
to focus on the statutory criteria for assessing performance under the
Capital Fund Indicator, which is timely obligation of the Capital Funds
and will in no way limit HUD's oversight and monitoring of PHAs. This
notice, in order to ensure there is no confusion on this point, is
explicit about the fact that the remainder of the Capital Fund Scoring
Notice of February 23, 2011 remains in effect and unchanged by this
notice, and if the PHA receives 0 points for the timeliness of
obligation subindicator, it is not eligible for points for the
occupancy subindicator.
DATES: Effective Date: July 2, 2014.
Applicability Dates: This notice applies to PHAs with fiscal years
ending March 31, 2014, June 30, 2014, September 30, 2014, December 31,
2014, March 31, 2015, June 30 2015, September 30, 2015, and December
31, 2015.
FOR FURTHER INFORMATION CONTACT: Claudia J. Yarus, Real Estate
Assessment Center (REAC), Office of Public and Indian Housing,
Department of Housing and Urban Development, 550 12th Street SW., Suite
100, Washington, DC 20410, telephone 202-475-8830 (this is not a toll-
free number). Persons with hearing or speech impairments may access
this number through TTY by calling the toll-free Federal Relay Service
at 800-877-8339. Additional information is available from the REAC
Internet site at https://www.hud.gov/offices/reac/.
SUPPLEMENTARY INFORMATION:
I. Background
On December 16, 2013, HUD published a notice proposing for public
comment its intent to reinstitute, temporarily, the award of 5 points
for the occupancy sub-indicator of the Capital Fund Program Indicator
to all PHAs for the PHAS Capital Fund Program Indicator (78 FR 76160).
This final notice follows that proposed notice.
II. The Public Comments
The public comment period ended on January 15, 2014. By the end of
the public comment period, HUD received 12 public submissions on a
variety of issues. While all commenters except for one agreed with the
result of the notice, only one stated unqualified agreement; the other
supportive commenters raised issues notwithstanding their overall
agreement. A summary of the significant issues raised and HUD's
response follows.
Issue: Six commenters agreed with the notice but stated that the
change should be implemented permanently. Some of these commenters
stated that, absent this relief, the 40 percent reduction in capital
funding over the years combined with the elevated standards imposed by
UPCS, would increase the number of troubled PHAs due to uncontrollable
circumstances. A commenter stated that given the current financial
climate, especially in rural areas, the award of five points will make
a definite difference. Another commenter stated that it is important to
keep up with the area private housing market and maintain the good will
of residents.
Response: HUD has determined at this time to not make this a
permanent change in the scoring. The purpose of awarding PHAs the full
five points for the Capital Fund occupancy sub-indicator automatically
for a two year period allows PHAs to focus on the statutory criteria of
assessing performance under the Capital Fund Indicator which is the
timely obligation of Capital Funds. HUD is providing this relief to
help lessen the impact of some of the automatic across-the-board
funding cuts on PHAs. Even in times of difficult funding, however, HUD
believes PHAs must maximize occupancy to the extent possible.
Issue: Three commenters agreed with the notice but requested that
the fiscal years covered by the notice be increased. One commenter
stated that the notice should be retroactive to the previous fiscal
year. One commenter stated that the notice should include at least
fiscal years ending December 31, 2013, and possibly September 30, 2013,
[[Page 37767]]
out of fairness because of the negative budget impacts of prior
Continuing Resolutions and sequestration, which resulted in a full year
of reduced allocations, which in turn reduced the commenter's ability
to adequately address vacancies during the entire period.
One commenter stated that the notice should be applied to fiscal
year 2013 because of the effect of sequestration cuts, which forced
them to cut maintenance staff and increased unit turn-around time, and
that if the commenter had known that HUD would issue the notice, it
would have waited until 2014 to institute certain policy changes which,
although good for the future, increased its short-term vacancy rate.
The commenter stated that ``We had operating reserves recaptured in
2012 and in 2013 we were only funded at 82 percent. We had to reduce
our maintenance staff due to the sequestration and budget cuts. At the
same time our units are older and require a longer `make ready' time
frame. We have more vacant units than we have ever had. We have 78
applications on our waiting list and 22 vacant units. Our maximum unit
turn-around is 4 units a week. Two policy changes contributed to our
having a much higher vacancy than usual. First on 7/1/13 we implemented
a `Smoke-Free' policy in our elderly high-rise and some family units
and we allowed elderly residents to transfer to non-Smoke-Free units.
We also implemented a Prompt Rent Pay Policy in 2013, whereby residents
that are late paying rent more than 3 times in 12 months, are sent an
eviction notice. This caused several evictions in 2013.''
Response: HUD has determined at this time to neither increase the
number of fiscal year end dates nor to change the fiscal year end dates
for which all PHAs will be awarded five points in the Capital Fund
occupancy sub-indicator assessment. HUD declines to make an adjustment
in to the applicability date section of the notice because of the
spending decisions of particular PHAs in prior fiscal years even given
program-wide budget shortfalls. It is the decision of each PHA, based
on the funding available in any given year, how to best serve the
families in their communities and operate their housing agency during
that year, including how best to allocate their funding between the
most important capital needs and other programs given the recent
funding environment. Going forward, this notice will provide relief to
PHAs for two full fiscal years.
Issue: Two commenters stated that, while the notice was
``appreciated'' and ``a welcome and needed form of regulatory relief,''
the occupancy sub-indicator under the Capital Fund Indicator should be
permanently removed from the PHAS scoring regulations. One commenter
stated that housing agencies are already scored in occupancy under the
Management Indicator, and the occupancy sub-indicator under the Capital
Fund Indicator deters housing agencies from having vacant units
necessary to perform construction work to preserve their public housing
stock. The other commenter stated that ``as the occupancy is already
applied in the Management Indicator,'' this subindicator is a double
penalty.
Response: Removal of the Capital Fund occupancy sub-indicator from
PHAS is outside the scope of this notice. This notice is limited to the
temporary award to PHAs of the full five points for the Capital Fund
occupancy sub-indicator for PHA fiscal years ending March 31, 2014,
through and including December 31, 2015. Removal of the occupancy sub-
indicator would require a regulatory revision of 24 CFR 902.50(c).
HUD remains concerned about the time dwelling units are in
modernization status. The scoring of the Capital Fund occupancy sub-
indicator allows up to 4 percent of a PHA's dwelling units to be vacant
at any one time for non-dwelling uses and modernization for the PHA to
receive the full 5 points and up to 7 percent to receive partial
points. To achieve a higher occupancy rate, which in turn results in a
higher Capital Fund occupancy score, HUD encourages PHAs to continue
ongoing proactive capital projects, to strategize and stage
modernization projects minimizing the number of off-line units, as well
as the time they are off-line, and, because not all modernization
requires a family to vacate, to consider performing modernization work
in occupied units. With the Capital Fund occupancy measure based on
data the PHA enters in the Public and Indian Housing Information Center
(PIC) as of the last day of the PHA's fiscal year, HUD believes PHAs
can effectively plan modernization projects early each fiscal year as
preparation for the calculation of the occupancy percentage that will
be performed at the end of the PHA's fiscal year.
Issue: One commenter opposed the notice, stating that
``reinstatement of this scoring sub indicator is duplicative and
unfair, and therefore should not occur. PHAs are already rated on
occupancy as part of the scoring under management. It makes no sense to
score twice on exactly the same criteria, especially since the outcomes
are often out of control of the PHA. Further, occupancy rates are in no
way linked to the capital fund. The Capital Fund is currently scored
based on timely obligation of funds and completion of work. This should
remain in place as these are the only factors of any relevance to the
Capital Fund.''
Response: It appears this commenter misinterpreted the notice as
reinstating the Capital Fund subindicator for occupancy. This notice
does not reinstate this subindicator, which is established by
regulation at 24 CFR 902.50(c). This notice grants relief to scores
under this subindicator. PHAs are reminded that the remainder of the
Capital Fund Scoring Notice of February 23, 2011 remains in effect and
unchanged by this notice, and if the PHA receives 0 points for the
timeliness of obligation subindicator, it is not eligible for points
for the occupancy subindicator (see 76 FR 10054).
III. Action
For the foregoing reasons this notice makes final the proposed
notice issued on December 16, 2013. Accordingly, this notice advises
that HUD is awarding an automatic 5 points for the Capital Fund
occupancy sub-indicator for fiscal years ending March 31, 2014, June
30, 2014, September 30, 2014, December 31, 2014, March 31, 2015, June
30, 2015, September 30, 2015, and December 31, 2015.
Dated: June 26, 2014.
Sandra B. Henriquez,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 2014-15586 Filed 7-1-14; 8:45 am]
BILLING CODE 4210-67-P
