81 FR 15546 - Affirmatively Furthering Fair Housing Local Government Assessment Tool-Information Collection Renewal: Solicitation of Comment-60-Day Notice Under Paperwork Reduction Act of 1995
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Federal Register Volume 81, Issue 56 (March 23, 2016)
Federal Register Volume 81, Issue 56 (March 23, 2016)
| Page Range | 15546-15549 | |
| FR Document | 2016-06600 |
[Federal Register Volume 81, Number 56 (Wednesday, March 23, 2016)] [Notices] [Pages 15546-15549] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-06600] ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-5173-N-10] Affirmatively Furthering Fair Housing Local Government Assessment Tool--Information Collection Renewal: Solicitation of Comment--60-Day Notice Under Paperwork Reduction Act of 1995 AGENCY: Office of the Assistance Secretary for Fair Housing and Equal Opportunity, HUD. ACTION: Notice. ----------------------------------------------------------------------- SUMMARY: On December 31, 2015, HUD announced the availability of the assessment tool (Local Government Assessment Tool) developed by HUD for use by local governments that receive Community Development Block Grants (CDBG), HOME Investment Partnerships Program (HOME), Emergency Solutions Grants (ESG), or Housing Opportunities for Persons with AIDS (HOPWA) formula funding from HUD when conducting and submitting their own Assessment of Fair Housing (AFH). The Local Government Assessment Tool is also available for use for AFHs conducted by joint and regional collaborations between: (1) Such local governments; (2) one or more such local governments with one or more public housing agency (PHA) partners; and (3) other collaborations in which such a local government is designated as the lead for the collaboration. The Local Government Assessment Tool was approved by HUD's Office of [[Page 15547]] Management and Budget under the Paperwork Reduction Act (PRA) for a period of one year. This notice, which solicits public comment for a period of 60 days, begins the process to renew the approval of the Local Government Assessment Tool. The PRA requires two public comment periods--a public comment period of 60 days and a second comment period of 30 days. After consideration of the public comments submitted in response to this notice, HUD will solicit a second round of public comments for a period of 30 days. HUD notes that, over the next several months, it will be soliciting public comment pursuant to the PRA on assessment tools to be used by different categories of program participants. This Notice solicits public comment on the Local Government Assessment Tool. In a notice issued on March 11, 2016, published at 81 FR 12921, HUD announced that it is seeking public comments on the proposed assessment tool for use by States and Insular Areas (State and Insular Area Assessment Tool). In the near future, HUD will issue the proposed assessment tool for Public Housing Agencies (PHA Assessment Tool). DATES: Comment Due Date: May 23, 2016. ADDRESSES: Interested persons are invited to submit comments regarding this notice 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 must 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 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 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 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 notice. 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 advance appointment to review the public comments must be scheduled by calling the Regulations Division at 202-708-3055 (this is not a toll-free number). Individuals who are deaf or hard of hearing and individuals with speech 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 www.regulations.gov. FOR FURTHER INFORMATION CONTACT: George D. Williams, Sr., Deputy Assistant Secretary for Policy, Legislative Initiatives and Outreach, Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development, 451 7th Street SW., Room 5246, Washington, DC 20410; telephone number 866-234-2689 (toll-free). Individuals with hearing or speech impediments may access this number via TTY by calling the toll- free Federal Relay Service during working hours at 1-800-877-8339. SUPPLEMENTARY INFORMATION: I. Background On December 31, 2015, at 80 FR 81840, by notice published in the Federal Register, HUD announced the availability for use of the Assessment Tool. This announcement was preceded by the two Federal Register notices for public comment required by the PRA. The 60-day notice was published on September 26, 2015, at 79 FR 57949, and the 30- day notice published on July 16, 2015, at 80 FR 42108, the same day that HUD published its Affirmatively Furthering Final Rule, at 80 FR 42272. The Assessment Tool, HUD's final rule on Affirmatively Furthering Fair Housing, and HUD's AFFH Rule Guidebook accompanying the Local Government Assessment Tool can all be found at https://www.hudexchange.info/programs/affh/. II. Overview of Information Collection Title of Proposal: Assessment of FairHousing Tool. OMB Control Number, if applicable: 2529-0054. Description of the need for the information and proposed use: The purpose of HUD's Affirmatively Furthering Fair Housing (AFFH) final rule is to provide HUD program participants with a more effective approach to fair housing planning so that they are better able to meet their statutory duty to affirmatively further fair housing. In this regard, the final rule requires HUD program participants to conduct and submit an AFH. In the AFH, program participants must identify and evaluate fair housing issues, and factors significantly contributing to fair housing issues (contributing factors) in the program participant's jurisdiction and region. The Assessment Tool is the standardized document designed to aid program participants in conducting the required assessment of fair housing issues and contributing factors and priority and goal setting. The Assessment Tool asks a series of questions that program participants must respond to in carrying out an assessment of fair housing issues and contributing factors, and setting meaningful fair housing goals and priorities to overcome them. Agency form numbers, if applicable: Not applicable. Members of affected public: As noted earlier in this document, local governments that receive CDBG, HOME, ESG, or HOPWA formula funding from HUD when conducting and submitting their own AFH, and any PHAs that choose to partner with such local governments. Estimation of the total numbers of hours needed to prepare the information collection including number of respondents, frequency of response, and hours of response: Please see table below. [[Page 15548]] Reporting and Recordkeeping Burden ---------------------------------------------------------------------------------------------------------------- Estimated Number of average time Estimated Number of responses per Frequency of for burden (in respondents * respondent response ** requirement hours) (in hours) *** ---------------------------------------------------------------------------------------------------------------- CFR Section Reference: Sec. 2,508 total 1 Once every five .............. .............. 5.154(d) (Assessment of Fair entities (1,194 years (or Housing). Entitlement three years in Jurisdictions the case of 3- and Year approximately Consolidated 1,314 PHAs) *. Plans) **. Entitlement Jurisdiction..... 1,194........... .............. ............... *** 240 286,560 PHAs......................... 1,314 *......... .............. ............... 120 157,680 ---------------------------------------------------------------------------------- Total Burden............. 2,508........... * 1,194 ............... .............. 444,240 ---------------------------------------------------------------------------------------------------------------- * This template is primarily designed for local government program participants, of which there are approximately 1,194, and PHAs seeking to join with local governments on a jointly submitted AFH. There are 3,942 PHAs, and HUD estimates that approximately \1/3\ of PHAs may seek to join with a local government and submit a joint AFH. The Total Number of responses is listed as 1,194 based on the number of entitlement jurisdictions that will submit AFHs using this Assessment Tool. The total hours and burden are based on the total estimated number of both types of program participants and the ``estimated average time'' listed for type of program participant. ** The timing of submission depends upon whether a local government program participant submits its consolidated plan every 3 years or every 5 years. *** The estimate of 240 hours is an average across all local government program participants, with some having either higher or lower actual burden. **** PHAs participating in joint submissions using the Assessment Tool under this notice are assumed to have some fixed costs, including staff training, conducting community participation costs, but reduced costs for conducting the analysis in the assessment itself. III. Solicitation of Specific Comment on the Local Government Assessment Tool HUD specifically requests comment on the following subjects. As HUD has stated, it intends to make improvements to the online AFFH Data and Mapping Tool (AFFH-T). HUD is seeking feedback on the items listed below that are under consideration, as well as any other requests for data or functionality improvements in the AFFH-T. The specific items under consideration are intended to modify and improve existing data items or to better facilitate program participants in completing the Assessment Tool. HUD also intends to provide additional instructions to clarify that additional data items may be provided in the online available data that do not necessarily require the program participant to respond to or include in their final submission as an attached map or table, but are provided for the program participants benefit in conducting additional levels of analyses. The public and, in particular affected HUD program participants are invited to comment on the following specific questions. For each of these questions, in addition to answering the question, HUD asks commenters to explain why the issue or issues posed in each question either would or would not be helpful from a fair housing perspective to have this additional level of detail presented in the question. 1. Should R/ECAPs be amended to exclude college students from the calculation of poverty rate? 2. Should HUD provide additional data on homeownership and rental housing, including maps and tables (e.g. data on percent of owner and renter occupied housing by area, maps showing patterns of home ownership and renter occupied housing together with demographics of race/ethnicity, and homeownership/rental rates by protected class group)? 3. Are there changes or improvements that can be made to the Opportunity Index measures? For example, should HUD include additional national data related to schools and education? Should HUD change the variables included in the Labor Market Engagement Index? Are there changes to the transportation indices (currently Transit Trips and Low Transportation Cots) that can be made to better inform a fair housing analysis of transportation access and whether transportation provides access to areas of opportunity? Should HUD adjust the Environmental Health Index with new variables and/or a revised formula? 5. Should HUD add Home Mortgage Disclosure Act (HMDA) data to inform a fair housing analysis of lending practices and trends? Which types of HMDA data would be most useful (e.g., loan origination data, data on conventional loans compared to FHA loans, etc.)? 6. Should HUD distinguish between 9 percent and 4 percent tax credits in the Low-Income Housing Tax Credit (LIHTC) data being provided, including in maps of development locations? 7. Should HUD make any other changes to the Local Government Assessment Tool to facilitate joint or regional collaboration or facilitate a meaningful fair housing analysis and priority and goal setting? IV. Solicitation of Comment Require by the Paperwork Reduction Act In accordance with 5 CFR 1320.8(d)(1), HUD is specifically soliciting comment from members of the public and affected program participants on the Assessment Tool 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 not only program participants but interested persons to submit comments regarding the information collection requirements in this proposal. Comments must be received by May 23, 2016 to www.regulations.gov as provided under the ADDRESSES section of this notice. Comments must refer to the proposal by name and docket number (FR-5173-N-10). HUD encourages interested parties to submit comment in response to these questions. [[Page 15549]] Dated: March 17, 2016. George D. Williams, Sr., Deputy Assistant Secretary for Policy, Legislative Initiatives, and Outreach. [FR Doc. 2016-06600 Filed 3-22-16; 8:45 am] BILLING CODE 4210-67-P
![15546 Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Notices
APR annually. In addition to the IHP/ formula. HUD is notified of changes in the agency, including whether the
APR, each year recipients may submit a the FCAS through a Formula Response information will have practical utility;
Formula Response Form (HUD–4117), Form (HUD–4117), as defined at 24 CFR (2) The accuracy of the agency’s
Formula Challenge Form (HUD–4119), 1000.302. A tribe, Tribally Designated estimate of the burden of the proposed
and Depository Agreements (HUD– Housing Entities (TDHE), or HUD may collection of information;
52736–A and B). Indian tribes, Alaska challenge the data from the U.S. (3) Ways to enhance the quality,
Natives, Native Hawaiians, or tribally Decennial Census or provide an utility, and clarity of the information to
designated housing entities that receive alternative source of data by submitting be collected; and
IHBG funds are required annually to the Guidelines for Challenging U.S. (4) Ways to minimize the burden of
submit HUD–52737 that consists of two Decennial Census Data Document Form the collection of information on those
component: The Indian Housing Plan (HUD–4119). Census challenges are due who are to respond; including through
(IHP) component and the Annual March 30th of each fiscal year, as the use of appropriate automated
defined at 24 CFR 1000.336. This collection techniques or other forms of
Performance Report (APR) component.
information collection is required of information technology, e.g., permitting
The IHP is required by Section 102 of
participants in the IHBG program to electronic submission of responses.
the Native American Housing
demonstrate compliance with eligibility HUD encourages interested parties to
Assistance and Self-Determination Act
and other requirements of NAHASDA; submit comment in response to these
(NAHASDA) and describes the eligible questions.
IHBG-funded, affordable housing provision of correction or challenge
activities the recipient plans to conduct documentation of the formula Authority: Section 3507 of the Paperwork
calculation; and provision of data for Reduction Act of 1995, 44 U.S.C. Chapter 35.
for the benefit of low and moderate
income tribal members and identifies HUD’s annual report to Congress. The Dated: March 17, 2016.
the intended outcomes and outputs for information gathered will be used to Colette Pollard,
the upcoming 12-month year. The allocate funds under the IHBG program. Department Reports Management Officer,
recipient submits the IHP at least 75 The quality assurance of data reported Office of the Chief Information Officer.
days prior to the beginning of its 12- is a very important issue in maintaining [FR Doc. 2016–06596 Filed 3–22–16; 8:45 am]
month program year. HUD conducts a HUD’s databases used to monitor BILLING CODE 4210–67–P
limited review of the IHP to determine participant’s proposed plans,
that the planned activities are in accomplishments, determine program
compliance with NAHASDA compliance, and to ensure fair and DEPARTMENT OF HOUSING AND
requirements, as defined at 24 CFR part equitable allocations. In some cases, the URBAN DEVELOPMENT
1000. At the end of the 12-month FCAS information addressing the
[Docket No. FR–5173–N–10]
period, the recipient submits the APR conveyances and conversions of units
that is required by Section 404 of has resulted in the recouping of funds. Affirmatively Furthering Fair Housing
NAHASDA and describes (1) the use of IHBG recipients have the option to Local Government Assessment Tool—
grant funds during the prior 12-month invest IHBG funds in eligible Information Collection Renewal:
period; (2) the actual outcomes and instruments for up to five years with Solicitation of Comment—60-Day
outputs achieved; (3) program private bankers and/or brokers. At any Notice Under Paperwork Reduction Act
accomplishments; and (4) jobs time, a recipient may enter into a of 1995
supported by IHBG-funded activities. Depository Agreement with a banker
HUD uses the information in the APR to (HUD–52736–A) and/or with the broker AGENCY: Office of the Assistance
review the recipient’s progress in (HUD–52736–B). Secretary for Fair Housing and Equal
implementing the IHP, verify whether Respondents (i.e. affected public): Opportunity, HUD.
the activities are eligible and to Native American Tribes and Tribally ACTION: Notice.
determine if the recipient has the Designated Housing Entities, Alaska
SUMMARY: On December 31, 2015, HUD
capacity to continue implementing the Natives and Corporations, and Native
announced the availability of the
activities described in the IHP in a Hawaiians.
assessment tool (Local Government
timely manner. The information in the Estimated Number of Respondents: Assessment Tool) developed by HUD for
APR also will be used to provide 366. use by local governments that receive
Congress, stakeholders, and other Estimated Number of Responses: Community Development Block Grants
interested parties with information on 1,779. (CDBG), HOME Investment Partnerships
how the IHBG funds are being used to Frequency of Response: The IHP/APR Program (HOME), Emergency Solutions
meet affordable housing needs within is submitted twice a year and the Grants (ESG), or Housing Opportunities
Native American communities. The Formula Correction and Formula for Persons with AIDS (HOPWA)
IHP/APR is currently available in a Challenge forms are submitted once per formula funding from HUD when
Word version, an Excel version, and a year. conducting and submitting their own
version on HUD’s Energy and Average Hours per Response: 60. Assessment of Fair Housing (AFH). The
Performance Information Center (EPIC) Total Estimated Burdens: 48,211 Local Government Assessment Tool is
Web site. All three versions of the IHP/ hours. also available for use for AFHs
APR request the same information and conducted by joint and regional
B. Solicitation of Public Comment
a recipient may elect to submit to HUD collaborations between: (1) Such local
either the Word, Excel, or EPIC versions; This notice is soliciting comments
jstallworth on DSK7TPTVN1PROD with NOTICES
governments; (2) one or more such local
however, the Excel and EPIC versions from members of the public and affected governments with one or more public
are preferred because of their automated parties concerning the collection of housing agency (PHA) partners; and (3)
capabilities and reduced burden. information described in Section A on other collaborations in which such a
Participants in the IHBG program are the following: local government is designated as the
responsible for notifying HUD of (1) Whether the proposed collection lead for the collaboration.
changes to the Formula Current Assisted of information is necessary for the The Local Government Assessment
Stock (FCAS) component of the IHBG proper performance of the functions of Tool was approved by HUD’s Office of
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![Federal Register / Vol. 81, No. 56 / Wednesday, March 23, 2016 / Notices 15549
Dated: March 17, 2016. public comment periods under the above. Again, all submissions must refer to
George D. Williams, Sr., Paperwork Reduction Act, HUD issued the docket number and title of the notice.
Deputy Assistant Secretary for Policy, the Local Government Assessment Tool. No Facsimile Comments. Facsimile
Legislative Initiatives, and Outreach. On March 11, 2016, at 81 FR 12921, (FAX) comments are not acceptable.
[FR Doc. 2016–06600 Filed 3–22–16; 8:45 am] HUD issued for public comment the Public Inspection of Public
BILLING CODE 4210–67–P proposed State and Insular Area Comments. All properly submitted
Assessment Tool for a 60-day period of comments and communications
public comment. submitted to HUD will be available for
DEPARTMENT OF HOUSING AND This Notice solicits public comment public inspection and copying between
URBAN DEVELOPMENT for a period of 60 days on the proposed 8 a.m. and 5 p.m. weekdays at the above
PHA Assessment Tool. In seeking address. Due to security measures at the
[Docket No. FR–5173–N–09]
comment for a period of 60 days, this HUD Headquarters building, an advance
Affirmatively Furthering Fair Housing notice commences the process for appointment to review the public
Assessment Tool for Public Housing compliance with the Paperwork comments must be scheduled by calling
Agencies Solicitation of Comment—60- Reduction Act of 1995 (PRA). The PRA the Regulations Division at 202–708–
Day Notice Under Paperwork requires two public comment periods— 3055 (this is not a toll-free number).
Reduction Act of 1995 a public comment period of 60 days and Individuals who are deaf or hard of
a second comment period of 30 days. hearing and individuals with speech
AGENCY: Office of the Assistant After consideration of the public impairments may access this number
Secretary for Fair Housing and Equal comments submitted in response to this via TTY by calling the Federal Relay
Opportunity, HUD. notice, HUD will solicit a second round Service at 800–877–8339. Copies of all
ACTION: Notice. of public comments for a period of 30 comments submitted are available for
days on the proposed PHA Assessment inspection and downloading at
SUMMARY: On July 16, 2015, HUD
Tool. www.regulations.gov.
published the Affirmatively Furthering
Fair Housing (AFFH) final rule that DATES: Comment Due Date: May 23, FOR FURTHER INFORMATION CONTACT:
provides HUD program participants 2016. Dustin Parks, Office of Fair Housing and
with a new process for planning for fair ADDRESSES: Interested persons are Equal Opportunity, Department of
housing outcomes that will assist them invited to submit comments regarding Housing and Urban Development, 451
in meeting their statutory obligation to this notice to the Regulations Division, 7th Street SW., Room 5249, Washington,
affirmatively further fair housing. This Office of General Counsel, Department DC 20410–0500; telephone number 202–
process includes an assessment tool that of Housing and Urban Development, 708–1112 (this is not a toll-free
program participants must use to 451 7th Street SW., Room 10276, number). Persons who are deaf or hard
evaluate fair housing choice and access Washington, DC 20410–0500. of hearing and persons with speech
to opportunity in their jurisdictions, to Communications must refer to the above impairments may access this number
identify barriers to fair housing choice docket number and title. There are two through TTY by calling the toll-free
and opportunity at the local and methods for submitting public Federal Relay Service at 800–877–8339.
regional levels, and to set fair housing comments. All submissions must refer SUPPLEMENTARY INFORMATION:
goals to overcome such barriers and to the above docket number and title.
advance fair housing choice. 1. Submission of Comments by Mail. I. Background
HUD committed to issue three Comments may be submitted by mail to On July 16, 2015, at 80 FR 42272,
assessment tools for its program the Regulations Division, Office of HUD issued its final AFFH rule. The
participants covered by the AFFH final General Counsel, Department of AFFH rule provides a new approach to
rule. One assessment tool is for use by Housing and Urban Development, 451 enable program participants to more
local governments (Local Government 7th Street SW., Room 10276, fully incorporate fair housing
Assessment Tool) that receive assistance Washington, DC 20410–0500. considerations into their existing
under certain grant programs 2. Electronic Submission of planning processes and assist them in
administered by HUD’s Office of Comments. Interested persons may their efforts to comply with their duty
Community Planning and Development submit comments electronically through to affirmatively further fair housing as
(CPD), as well as by joint and regional the Federal eRulemaking Portal at required by the Fair Housing Act, which
collaborations between: (i) Local www.regulations.gov. HUD strongly is Title VIII of the Civil Rights Act, and
governments; (ii) one or more local encourages commenters to submit other authorities. The Fair Housing Act
governments and one or more public comments electronically. Electronic not only prohibits discrimination, but,
housing agency (PHA) partners; and (iii) submission of comments allows the in conjunction with other statutes,
other collaborations in which such a commenter maximum time to prepare directs HUD’s program participants to
local government is designated as the and submit a comment, ensures timely take meaningful actions to overcome
lead for the collaboration. The second receipt by HUD, and enables HUD to historic patterns of segregation, promote
tool is for States and Insular Areas (State make public comments immediately fair housing choice, and foster inclusive
and Insular Area Assessment Tool), available to the public. Comments communities that are free from
including joint collaborations (with submitted electronically through the discrimination.
local governments and/or PHAs, both of www.regulations.gov Web site can be The new approach established by
which would require HUD approval) viewed by other commenters and HUD replaces the existing analysis of
jstallworth on DSK7TPTVN1PROD with NOTICES
where the State is designated as the lead interested members of the public. impediments (AI) process. The
entity. The third assessment tool, which Commenters should follow the approach is designed to assist program
is the subject of this Notice, is for PHAs instructions provided on that site to participants in analyzing their fair
(including for joint collaborations submit comments electronically. housing environment, identifying fair
among multiple PHAs) (PHA Note: To receive consideration as public housing issues and the related
Assessment Tool). On December 31, comments, comments must be submitted contributing factors, and setting fair
2015, following 60-day and 30-day through one of the two methods specified housing goals, and, ultimately, taking
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Document Created: 2016-03-23 00:04:13
Document Modified: 2016-03-23 00:04:13
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Notices | |
| Action | Notice. | |
| Contact | George D. Williams, Sr., Deputy Assistant Secretary for Policy, Legislative Initiatives and Outreach, Office of Fair Housing and Equal Opportunity, Department of Housing and Urban Development, 451 7th Street SW., Room 5246, Washington, DC 20410; telephone number 866-234-2689 (toll-free). Individuals with hearing or speech impediments may access this number via TTY by calling the toll- free Federal Relay Service during working hours at 1-800-877-8339. | |
| FR Citation | 81 FR 15546 |
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