81 FR 38581 - Continuum of Care Program-Increasing Mobility Options for Homeless Individuals and Families With Tenant-Based Rental Assistance

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 114 (June 14, 2016)

Page Range		38581-38585
FR Document		2016-13684
On July 31, 2012, HUD published an interim rule entitled ``Homeless Emergency Assistance and Rapid Transition to Housing: Continuum of Care Program.'' The Continuum of Care (CoC) program is designed to address the critical problem of homelessness through a coordinated community-based process of identifying needs and building a system of housing and services to address those needs. This rule amends the CoC program regulations to allow individuals and families to choose housing outside of a CoC's geographic area, subject to certain conditions, and to retain the tenant-based rental assistance under the CoC program. In addition to allowing individuals and families to choose housing outside of the CoC's geographic area, this interim rule exempts recipients and subrecipients from compliance with all nonstatutory regulations when a program participant moves to flee domestic violence, dating violence, sexual assault, or stalking. This relaxation of conditions is consistent with the Violence Against Women Reauthorization Act of 2013, directing greater protections for victims of domestic violence, dating violence, sexual assault, or stalking.
Federal Register, Volume 81 Issue 114 (Tuesday, June 14, 2016)
[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Rules and Regulations]
[Pages 38581-38585]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13684]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 578

[Docket No. FR-5476-I-03]
RIN 2506-AC29


Continuum of Care Program--Increasing Mobility Options for 
Homeless Individuals and Families With Tenant-Based Rental Assistance

AGENCY: Office of the Assistant Secretary for Community Planning and 
Development, HUD.

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: On July 31, 2012, HUD published an interim rule entitled 
``Homeless Emergency Assistance and Rapid Transition to Housing: 
Continuum of Care Program.'' The Continuum of Care (CoC) program is 
designed to address the critical problem of homelessness through a 
coordinated community-based process of identifying needs and building a 
system of housing and services to address those needs. This rule amends 
the CoC program regulations to allow individuals and families to choose 
housing outside of a CoC's geographic area, subject to certain 
conditions, and to retain the tenant-based rental assistance under the 
CoC program. In addition to allowing individuals and families to choose 
housing outside of the CoC's geographic area, this interim rule exempts 
recipients and subrecipients from compliance with all nonstatutory 
regulations when a program participant moves to flee domestic violence, 
dating violence, sexual assault, or stalking. This relaxation of 
conditions is consistent with the Violence Against Women 
Reauthorization Act of 2013, directing greater protections for victims 
of domestic violence, dating violence, sexual assault, or stalking.

DATES: 
    Effective date: July 14, 2016.
    Comment due date: August 15, 2016.

ADDRESSES: Interested persons are invited to submit comments regarding 
this rule to the Regulations Division, Office of General Counsel, 451 
7th Street SW., Room 10276, Department of Housing and Urban 
Development, 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

[[Page 38582]]

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 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 with speech or hearing impairments 
may access this number through TTY by calling the Federal Relay Service 
at 800-877-8339 (this is a toll-free number). Copies of all comments 
submitted are available for inspection and downloading at 
www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Norm Suchar, Director, Office of 
Special Needs Assistance Programs, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street SW., Washington, DC 20410-7000; telephone number 202-708-4300 
(this is not a toll-free number). Hearing- and speech-impaired persons 
may access this number through TTY by calling the Federal Relay Service 
at 800-877-8339 (this is a toll-free number).

SUPPLEMENTARY INFORMATION: 

I. Background

    The Continuum of Care (CoC) program is authorized by the McKinney-
Vento Homeless Assistance Act (McKinney-Vento), as amended by the 
Homeless Emergency Assistance and Rapid Transition to Housing Act of 
2009, which is Division B of Public Law 111-22, approved May 20, 2009 
(HEARTH Act). The purposes of the CoC program is to promote 
communitywide commitment to the goal of ending homelessness; provide 
funding for efforts by nonprofit providers and by State and local 
governments to quickly rehouse homeless individuals and families while 
minimizing the trauma and dislocation caused to homeless individuals, 
families, and communities by homelessness; promote access to and 
effective utilization of mainstream programs by homeless individuals 
and families; and optimize self-sufficiency among individuals and 
families experiencing homelessness. Section 1504 of the HEARTH Act 
directs HUD to establish regulations for the CoC program. (See 42 
U.S.C. 11301 note.) On July 31, 2012, at 77 FR 45422, HUD published an 
interim rule to establish, in 24 CFR part 578, the regulatory framework 
for the CoC program and the CoC planning process.
    Continuum of Care not only is the name of the program, but refers 
to the body responsible for carrying out the duties under the CoC 
program. In order to be eligible for funds under the CoC program, 
representatives from relevant organizations within a geographic area 
must establish a CoC. Representatives from relevant organizations 
include nonprofit homeless assistance providers, victim service 
providers, faith-based organizations, governments, businesses, 
advocates, public housing agencies, school districts, social service 
providers, mental health agencies, hospitals, universities, affordable 
housing developers, law enforcement, and organizations that serve 
veterans and homeless and formerly homeless individuals. Where these 
organizations are located within the geographic area served by the CoC, 
HUD expects a representative of the organization to be a part of the 
CoC.
    Although HUD issued its July 31, 2012, rule for effect, HUD also 
sought public comment, and at the end of the public comment period on 
October 1, 2012, HUD had received 551 public comments. HUD received 
valuable feedback from the public comments. However, HUD did not 
immediately move to the next rule stage because HUD wanted to examine 
how the interim regulations worked in practice. HUD has gained valuable 
information on where modifications may need to be made to its existing 
CoC regulations, not only on the basis of public comments received, but 
also on the basis of experience with the existing regulations to date.

II. This Rule

    This rule focuses on a narrow area of the existing CoC program 
regulations and that is the ability of an individual or family with 
tenant-based rental assistance funded through the CoC program to choose 
housing, outside of a CoC's geographic area, subject to certain 
conditions, and to retain the tenant-based rental assistance under the 
CoC program if the program participant moves outside the CoC's 
geographic area.
    McKinney-Vento and the CoC program regulations provide that CoC 
program grant funds may be used for rental assistance for homeless 
individuals and families. Rental assistance includes tenant-based 
rental assistance, project-based rental assistance, or sponsor-based 
rental assistance. With respect to tenant-based rental assistance, 
Sec.  578.51 of the CoC program regulations states that tenant-based 
rental assistance is rental assistance in which program participants 
choose housing of an appropriate size in which to reside. However, the 
CoC program regulations limit use of tenant-based rental assistance to 
within the CoC's geographic area. This limitation was determined 
reasonable because to serve individuals and families outside of the 
CoC's geographic area may impose greater burden and cost on the 
recipient providing the assistance. The only exception in the CoC 
program regulations to the limitation for retention of tenant-based 
rental assistance is for program participants who are victims of 
domestic violence, dating violence, sexual assault, or stalking who are 
at imminent threat of further harm. These participants, however, must 
have complied with all other obligations of the program and must 
reasonably believe that they are imminently threatened by harm from 
further violence if they remain in the assisted dwelling unit.
    Commenters on the July 2012 interim rule advised that the exception 
to retention of tenant-based rental assistance to the CoC's geographic 
area was too narrow. HUD received comments, generally, about high-cost 
housing markets and the difficulty that providers are having in 
locating affordable units within their CoC's geographic area because of 
the high cost of housing. A commenter stated that the requirement to 
use CoC program funds within the CoC's geographic area would cause 
undue hardship for clients and subrecipients due to the difficulty and 
time required to find affordable units in high-cost areas of their 
State. HUD also received comments about how the limitation requiring 
CoC program funds to be used within the CoC's geographic area 
restricted tenant-choice and limited opportunities for program 
participants to identify affordable housing. In response to these 
concerns, several commenters proposed, as a partial solution, that the 
regulation be changed to permit program participants to use CoC program 
funds to rent units outside of the CoC's geographic area.
    In light of the comments received on increasing mobility in the CoC 
program, and HUD's recently issued Affirmatively Furthering Fair 
Housing final rule,

[[Page 38583]]

which emphasizes the importance of housing choice,\1\ HUD has 
determined to amend the CoC program regulations to allow all 
individuals and families receiving tenant-based rental assistance being 
paid for with CoC program funds (program participants) to choose 
housing outside of the CoC's geographic area and to retain their 
tenant-based rental assistance if they move outside of the CoC's 
geographic area, subject to the following conditions:
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    \1\ See Affirmatively Furthering Fair Housing final rule, 
published on July 16, 2015, at 80 FR 42272.
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     The decision of a program participant to choose housing or 
move outside of the CoC's geographic area is one that is made in 
consultation between the program participant and the recipient or 
subrecipient.
     The recipient or subrecipient may decline a program 
participant's request to choose housing or move outside of the CoC's 
geographic area if the recipient or subrecipient is unable to comply 
with all CoC program requirements in the geographic area where the 
housing selected by the program participant is selected, including 
ensuring the housing meets required safety and quality standards (at 
the time of publication of this rule compliance with Housing Quality 
Standards (HQS) is required), carrying out environmental reviews where 
necessary, calculating the program participant's income for determining 
rent contributions, conducting an annual assessment of the program 
participant's service needs, making supportive services available for 
the duration of the program participant's residence in the project, 
ensuring supportive services are provided in compliance with all State 
and local licensing codes, and providing monthly case management in the 
case of rapid rehousing (RRH) projects. The only reason the provider 
may decline a program participant's request to choose housing or move 
outside of the CoC's geographic area is that the recipient or 
subrecipient cannot reasonably meet all statutory and regulatory 
program requirements. If the program participant's request to move is 
declined, but the program participant believes the provider could have 
reasonably accommodated the request, the program participant may 
contact the CoC or HUD directly.
     The receiving CoC (the CoC with jurisdiction over the 
geographic area to which the program participant seeks to move) is not 
involved in the decision to allow a program participant to move. Since 
discretion to move rests with the program participant, in consultation 
with the recipient or subrecipient providing the tenant-based rental 
assistance, with the goal being continuation of service by the original 
recipient or subrecipient, the receiving CoC may not prohibit the 
program participant from moving into its geographic area.
     The program participant remains in the Homeless Management 
Information System of the CoC where the program participant is enrolled 
for assistance.
    In brief, this rule provides the opportunity for persons who are 
experiencing homelessness to have access to additional possible housing 
options while still maintaining their tenant-based rental assistance 
from the recipient within the CoC where they were determined eligible 
for, and began receiving assistance. This rule will accomplish this by 
allowing program participants to use their tenant-based rental 
assistance in an area outside of the CoC's geographic area where the 
household presented for, and was determined eligible for CoC program-
funded tenant-based rental assistance. While this interim rule allows 
for expanded mobility, HUD anticipates that tenant-based rental 
assistance will be used principally within the CoC's geographic area.
    With respect to a CoC program participant who has tenant-based 
rental assistance and is fleeing imminent threat of further harm from 
domestic violence, the existing regulations allow such participant to 
move outside of the CoC's geographic area, but the program 
participant's move is subject to the program participant having 
complied with all program requirements during their residence in the 
CoC's geographic area. This rule would exempt the recipient or 
subrecipient from regulatory requirements (such as providing monthly 
case management for RRH projects and conducting an annual assessment of 
the service needs of the program participant that has moved), but the 
recipient or subrecipient would not be exempt from statutory 
requirements such as participating in HMIS, ensuring housing meets 
quality standards, and ensuring the educational needs of children are 
met. This amendment would facilitate ensuring the safety needs of 
victims of domestic violence, dating violence, sexual assault, or 
stalking by imposing less burdensome requirements on recipients and 
subrecipients while still ensuring that the housing that will be 
occupied by the victim of domestic violence, dating violence, sexual 
assault, or stalking meets all statutory requirements, including 
minimum quality standards.
    Specific Request for Comment: HUD seeks input from providers on the 
impact of exempting recipients or subrecipients from nonstatutory 
regulatory requirements when a program participant is fleeing imminent 
threat of further harm from domestic violence, dating violence, sexual 
assault, or stalking, and moves to another CoC's geographic area.
    HUD also seeks input on exempting recipients or subrecipients from 
non-statutory regulatory requirements when any program participant, not 
just a program participant fleeing imminent threat of further harm from 
domestic violence, dating violence, sexual assault, or stalking, wishes 
to move outside of the CoC's geographic area, in order to support 
mobility of tenants that may be moving to access better job 
opportunities, schools, or other resources.

III. Justification for Interim Rulemaking

    In accordance with its regulations on rulemaking at 24 CFR part 10, 
HUD, generally, publishes its rules for advance public comment.\2\ 
Notice and public procedures may be omitted, however, if HUD determines 
that, in a particular case or class of cases, notice and public comment 
procedures are ``impracticable, unnecessary, or contrary to the public 
interest.'' (See 24 CFR 10.1.)
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    \2\ The Administrative Procedure Act (5 U.S.C. Subchapter II) 
(APA), which governs Federal rulemaking, provides in section 553(a) 
that matters involving a military or foreign affairs function of the 
United States or a matter relating to Federal agency management or 
personnel or to public property, loans, grants, benefits, or 
contracts are exempt from the advance notice and public comment 
requirement of sections 553(b) and (c) of the APA. In its 
regulations in 24 CFR 10.1, HUD has waived the exemption for advance 
notice and public comment for matters that relate to public 
property, loans, grants, benefits, or contracts, and has committed 
to undertake notice and comment rulemaking for these matters.
---------------------------------------------------------------------------

    In this case, HUD has determined that it would be contrary to the 
public interest to delay these two amendments to the existing CoC 
regulations. HUD's work, subsequent to the July 2012, CoC interim rule 
on improving the voucher portability process, and the enactment of the 
Violence Against Women Act of 2013 \3\ emphasized to HUD the need to 
provide for mobility for participants in its programs and not 
terminating tenant-based assistance. As noted in HUD's Streamlining the 
Portability Process final rule,\4\ and in HUD's Affirmatively 
Furthering Fair Housing final rule, mobility allows individuals or 
families

[[Page 38584]]

greater choice in living in the areas of their choice. As noted in the 
preamble, this interim rule would allow program participants, in 
consultation with their service providers, to move to outside of a 
CoC's geographic area of service. The consultation is necessary because 
the goal is to strive for and ensure continued CoC service to the 
program participant. The interim rule removes the prohibition that only 
allowed individuals and families who are victims of domestic violence, 
dating violence, sexual assault, or stalking to move outside of the 
CoC's geographic area of service. Additionally, this rule removes 
additional requirements imposed on individuals and families who are 
victims of domestic violence, dating violence, sexual assault, or 
stalking seeking to move outside of CoC's geographic area of service, 
which may delay the ability of such individuals or families to move to 
a safe location.
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    \3\ Public Law 113-4, approved March 7, 2013.
    \4\ See final rule published on August 20, 2015, at 80 FR 50564.
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VI. Findings and Certifications

Regulatory Review--Executive Orders 12866 and 13563

    Under Executive Order 12866 (Regulatory Planning and Review), a 
determination must be made whether a regulatory action is significant 
and, therefore, subject to review by the Office of Management and 
Budget (OMB) in accordance with the requirements of the order. 
Executive Order 13563 (Improving Regulations and Regulatory Review) 
directs executive agencies to analyze regulations that are ``outmoded, 
ineffective, insufficient, or excessively burdensome, and to modify, 
streamline, expand, or repeal them in accordance with what has been 
learned.'' Executive Order 13563 also directs that, where relevant, 
feasible, and consistent with regulatory objectives, and to the extent 
permitted by law, agencies are to identify and consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public. This rule was determined to be a ``significant 
regulatory action,'' as defined in section 3(f) of Executive Order 
12866 (although not an economically significant regulatory action, as 
provided under section 3(f)(1) of the Executive order).
    HUD expects it will receive few requests from program participants 
who are not domestic violence victims to move outside of the CoC's 
geographic area where they are currently residing. HUD does expect some 
requests will arise from program participants residing with the 
jurisdictions of CoCs that cover small geographic areas. HUD expects no 
increase or decrease in the number of requests from program 
participants who are victims of domestic violence as these program 
participants already have this flexibility. For these reasons, HUD 
believes the impact of this rule would be minimal, but the flexibility 
to move provided would align with two major HUD rulemakings: HUD's 
Affirmatively Furthering Fair Housing final rule and HUD's Violence 
Against Women Act 2013 final rule, to be issued later this year.
    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 202-708-3055 (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 (this is a 
toll-free number).

Environmental Impact

    This rule covers tenant-based rental assistance. Accordingly, under 
24 CFR 50.19(b)(11), this rule is categorically excluded from 
environmental review under the National Environmental Policy Act of 
1969 (42 U.S.C. 4321).

Unfunded Mandates Reform Act

    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 interim rule does not 
impose a Federal mandate on any State, local, or tribal governments, or 
on the private sector, within the meaning of UMRA.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (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. This rule solely 
addresses the ability of individuals and families participating in the 
CoC program and who have tenant-based rental assistance to move outside 
of a CoC's geographic service area but continue to be serviced by that 
CoC or under the CoC program.
    Notwithstanding HUD's determination that this rule will not have a 
significant effect on a substantial number of small entities, HUD 
specifically invites comments regarding any less burdensome 
alternatives to this rule that will meet HUD's objectives as described 
in this preamble.

Executive Order 13132, Federalism

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any rule that has federalism implications if the rule 
either imposes substantial direct compliance costs on State and local 
governments and is not required by statute, or the rule preempts State 
law, unless the agency meets the consultation and funding requirements 
of section 6 of the Executive order. This interim rule does not have 
federalism implications and does not impose substantial direct 
compliance costs on State and local governments nor preempt State law 
within the meaning of the Executive order.

List of Subjects in 24 CFR Part 578

    Community facilities, Continuum of Care, Emergency solutions 
grants, Grant programs--housing and community development, Grant 
program--social programs, Homeless, Rural housing, Reporting and 
recordkeeping requirements, Supportive housing programs--housing and 
community development, Supportive services.

    Accordingly, for the reasons described in the preamble, HUD amends 
24 CFR part 578 to read as follows:

PART 578--CONTINUUM OF CARE PROGRAM

0
1. The authority citation for part 578 continues to read as follows:

    Authority:  42 U.S.C. 11371 et seq., 42 U.S.C. 3535(d).

0
2. In Sec.  578.51, paragraph (c) is revised to read as follows:


Sec.  578.51  Rental assistance.

* * * * *
    (c) Tenant-based rental assistance. Tenant-based rental assistance 
is rental assistance in which program participants choose housing of an 
appropriate size in which to reside. Up to 5 years' worth of rental 
assistance may be awarded to a project in one competition.
    (1) When necessary to facilitate the coordination of supportive 
services, recipients and subrecipients may require program participants 
to live in a specific area for their entire period of participation, or 
in a specific structure for the first year and in a specific area for 
the remainder of their period of participation. Program participants 
who are receiving rental assistance in

[[Page 38585]]

transitional housing may be required to live in a specific structure 
for their entire period of participation in transitional housing.
    (2) Program participants who have complied with all program 
requirements during their residence retain the rental assistance if 
they move.
    (3) Program participants who have complied with all program 
requirements during their residence, who have been a victim of domestic 
violence, dating violence, sexual assault, or stalking, who reasonably 
believe they are imminently threatened by harm from further domestic 
violence, dating violence, sexual assault, or stalking (which would 
include threats from a third party, such as a friend or family member 
of the perpetrator of the violence) if they remain in the assisted 
unit, and who are able to document the violence and basis for their 
belief, may retain the rental assistance and move to a different 
Continuum of Care geographic area if they move out of the assisted unit 
to protect their health and safety. These program participants may move 
to a different Continuum of Care's geographic service area even if the 
recipient or subrecipient cannot meet all regulatory requirements of 
this part in the new geographic area where the unit is located. The 
recipient or subrecipient, however, must be able to meet all statutory 
requirements of the Continuum of Care program either directly or 
through a third-party contract or agreement.
    (4) Program participants other than those described in paragraph 
(c)(3) of this section may choose housing outside of the Continuum of 
Care's geographic area if the recipient or subrecipient, through its 
employees or contractors, is able to meet all requirements of this part 
in the geographic area where the program participant chooses housing. 
If the recipient or subrecipient is unable to meet the requirements of 
this part, either directly or through a third-party contract or 
agreement, the recipient or subrecipient may refuse to permit the 
program participant to retain the tenant-based rental assistance if the 
program participant chooses to move outside of the Continuum of Care's 
geographic area.
* * * * *

    Dated: May 24, 2016.
Harriet Tregoning,
Principal Deputy Assistant Secretary for Community Planning and 
Development.
     Approved on: May 24, 2016.
Nani A. Coloretti,
Deputy Secretary.
[FR Doc. 2016-13684 Filed 6-13-16; 8:45 am]
 BILLING CODE 4210-67-P
Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations 38581

Availability and Summary of List of Subjects in 14 CFR Part 71 ‘‘Homeless Emergency Assistance and
Documents for Incorporation by Airspace, Incorporation by reference, Rapid Transition to Housing:
Reference Navigation (air). Continuum of Care Program.’’ The
Continuum of Care (CoC) program is
This document amends FAA Order Adoption of the Amendment designed to address the critical problem
7400.9Z, Airspace Designations and of homelessness through a coordinated
Reporting Points, dated August 6, 2015, In consideration of the foregoing, the
Federal Aviation Administration community-based process of identifying
and effective September 15, 2015. FAA needs and building a system of housing
Order 7400.9Z is publicly available as amends 14 CFR part 71 as follows:
and services to address those needs.
listed in the ADDRESSES section of this PART 71—DESIGNATION OF CLASS A, This rule amends the CoC program
document. FAA Order 7400.9Z lists B, C, D, AND E AIRSPACE AREAS; AIR regulations to allow individuals and
Class A, B, C, D, and E airspace areas, TRAFFIC SERVICE ROUTES; AND families to choose housing outside of a
air traffic service routes, and reporting REPORTING POINTS CoC’s geographic area, subject to certain
points. conditions, and to retain the tenant-
The Rule ■ 1. The authority citation for part 71 based rental assistance under the CoC
continues to read as follows: program. In addition to allowing
The FAA is amending Title 14 of the Authority: 49 U.S.C. 106(f), 106(g); 40103, individuals and families to choose
Code of Federal Regulations (14 CFR) 40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, housing outside of the CoC’s geographic
part 71 by adding the words ‘‘The 1959–1963 Comp., p. 389. area, this interim rule exempts
airspace within R–4403F is excluded recipients and subrecipients from
during its times of use’’ to the regulatory § 71.1 [Amended] compliance with all nonstatutory
text of VOR Federal airway V–552. ■ 2. The incorporation by reference in regulations when a program participant
Because this amendment is necessary to 14 CFR 71.1 of FAA Order 7400.9Z, moves to flee domestic violence, dating
ensure the safe separation of airway Airspace Designations and Reporting violence, sexual assault, or stalking.
traffic from restricted airspace when the Points, dated August 6, 2015 and This relaxation of conditions is
restricted area is active, I find that effective September 15, 2015, is consistent with the Violence Against
notice and public procedure under 5 amended as follows: Women Reauthorization Act of 2013,
U.S.C. 553(b) are impractical and Paragraph 6010(a) Domestic VOR Federal directing greater protections for victims
contrary to the public interest. Airways. of domestic violence, dating violence,
Regulatory Notices and Analyses * * * * * sexual assault, or stalking.
DATES:
The FAA has determined that this V–552 [Amended]
Effective date: July 14, 2016.
regulation only involves an established From Beaumont, TX, via INT Beaumont 056° Comment due date: August 15, 2016.
body of technical regulations for which and Lake Charles, LA, 272° radials; Lake
ADDRESSES: Interested persons are
frequent and routine amendments are Charles; INT Lake Charles 064° and Lafayette,
LA, 281° radials; Lafayette; Tibby, LA; invited to submit comments regarding
necessary to keep them operationally this rule to the Regulations Division,
Harvey, LA; Picayune, MS; Semmes, AL; INT
current. It, therefore: (1) Is not a Semmes 063° and Monroeville, AL, 216° Office of General Counsel, 451 7th
‘‘significant regulatory action’’ under radials; to Monroeville. The airspace within Street SW., Room 10276, Department of
Executive Order 12866; (2) is not a restricted area R–4403F is excluded during Housing and Urban Development,
‘‘significant rule’’ under Department of its times of use. Washington, DC 20410–0500.
Transportation (DOT) Regulatory * * * * * Communications must refer to the above
Policies and Procedures (44 FR 11034; docket number and title. There are two
Issued in Washington, DC, on June 6, 2016.
February 26, 1979); and (3) does not methods for submitting public
warrant preparation of a regulatory Leslie M. Swann,
comments. All submissions must refer
evaluation as the anticipated impact is Acting Manager, Airspace Policy Group.
to the above docket number and title.
so minimal. Since this is a routine [FR Doc. 2016–13938 Filed 6–13–16; 8:45 am] 1. Submission of Comments by Mail.
matter that only affects air traffic BILLING CODE 4910–13–P Comments may be submitted by mail to
procedures and air navigation, it is the Regulations Division, Office of
certified that this rule, when General Counsel, Department of
promulgated, does not have a significant DEPARTMENT OF HOUSING AND Housing and Urban Development, 451
economic impact on a substantial URBAN DEVELOPMENT 7th Street SW., Room 10276,
number of small entities under the Washington, DC 20410–0500.
criteria of the Regulatory Flexibility Act. 24 CFR Part 578 2. Electronic Submission of
Environmental Review [Docket No. FR–5476–I–03] Comments. Interested persons may
submit comments electronically through
The FAA has determined that this RIN 2506–AC29 the Federal eRulemaking Portal at
action qualifies for categorical exclusion www.regulations.gov. HUD strongly
Continuum of Care Program—
under the National Environmental encourages commenters to submit
Increasing Mobility Options for
Policy Act in accordance with FAA comments electronically. Electronic
Homeless Individuals and Families
Order 1050.1F, Environmental Impacts: submission of comments allows the
With Tenant-Based Rental Assistance
Policies and Procedures, paragraph 5– commenter maximum time to prepare
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6.5a. This airspace action consists of AGENCY: Office of the Assistant and submit a comment, ensures timely
modifying an airway and it is not Secretary for Community Planning and receipt by HUD, and enables HUD to
expected to cause any potentially Development, HUD. make them immediately available to the
significant environmental impacts, and ACTION: Interim rule. public. Comments submitted
no extraordinary circumstances exists electronically through the
that warrant preparation of an SUMMARY: On July 31, 2012, HUD www.regulations.gov Web site can be
environmental assessment. published an interim rule entitled viewed by other commenters and

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Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations 38583

which emphasizes the importance of with the recipient or subrecipient Specific Request for Comment: HUD
housing choice,1 HUD has determined providing the tenant-based rental seeks input from providers on the
to amend the CoC program regulations assistance, with the goal being impact of exempting recipients or
to allow all individuals and families continuation of service by the original subrecipients from nonstatutory
receiving tenant-based rental assistance recipient or subrecipient, the receiving regulatory requirements when a
being paid for with CoC program funds CoC may not prohibit the program program participant is fleeing imminent
(program participants) to choose participant from moving into its threat of further harm from domestic
housing outside of the CoC’s geographic geographic area. violence, dating violence, sexual
area and to retain their tenant-based • The program participant remains in assault, or stalking, and moves to
rental assistance if they move outside of the Homeless Management Information another CoC’s geographic area.
the CoC’s geographic area, subject to the System of the CoC where the program HUD also seeks input on exempting
following conditions: participant is enrolled for assistance. recipients or subrecipients from non-
• The decision of a program In brief, this rule provides the statutory regulatory requirements when
participant to choose housing or move opportunity for persons who are any program participant, not just a
outside of the CoC’s geographic area is experiencing homelessness to have program participant fleeing imminent
one that is made in consultation access to additional possible housing threat of further harm from domestic
between the program participant and options while still maintaining their violence, dating violence, sexual
the recipient or subrecipient. tenant-based rental assistance from the assault, or stalking, wishes to move
• The recipient or subrecipient may recipient within the CoC where they outside of the CoC’s geographic area, in
decline a program participant’s request were determined eligible for, and began order to support mobility of tenants that
to choose housing or move outside of receiving assistance. This rule will may be moving to access better job
the CoC’s geographic area if the accomplish this by allowing program opportunities, schools, or other
recipient or subrecipient is unable to participants to use their tenant-based resources.
comply with all CoC program rental assistance in an area outside of
requirements in the geographic area the CoC’s geographic area where the III. Justification for Interim
where the housing selected by the household presented for, and was Rulemaking
program participant is selected, determined eligible for CoC program- In accordance with its regulations on
including ensuring the housing meets funded tenant-based rental assistance. rulemaking at 24 CFR part 10, HUD,
required safety and quality standards (at While this interim rule allows for generally, publishes its rules for
the time of publication of this rule expanded mobility, HUD anticipates advance public comment.2 Notice and
compliance with Housing Quality that tenant-based rental assistance will public procedures may be omitted,
Standards (HQS) is required), carrying be used principally within the CoC’s however, if HUD determines that, in a
out environmental reviews where geographic area. particular case or class of cases, notice
necessary, calculating the program With respect to a CoC program and public comment procedures are
participant’s income for determining participant who has tenant-based rental ‘‘impracticable, unnecessary, or contrary
rent contributions, conducting an assistance and is fleeing imminent to the public interest.’’ (See 24 CFR
annual assessment of the program threat of further harm from domestic 10.1.)
participant’s service needs, making violence, the existing regulations allow In this case, HUD has determined that
supportive services available for the such participant to move outside of the it would be contrary to the public
duration of the program participant’s CoC’s geographic area, but the program interest to delay these two amendments
residence in the project, ensuring participant’s move is subject to the to the existing CoC regulations. HUD’s
supportive services are provided in program participant having complied work, subsequent to the July 2012, CoC
compliance with all State and local with all program requirements during interim rule on improving the voucher
licensing codes, and providing monthly their residence in the CoC’s geographic portability process, and the enactment
case management in the case of rapid area. This rule would exempt the of the Violence Against Women Act of
rehousing (RRH) projects. The only recipient or subrecipient from 2013 3 emphasized to HUD the need to
reason the provider may decline a regulatory requirements (such as provide for mobility for participants in
program participant’s request to choose providing monthly case management for its programs and not terminating tenant-
housing or move outside of the CoC’s RRH projects and conducting an annual based assistance. As noted in HUD’s
geographic area is that the recipient or assessment of the service needs of the Streamlining the Portability Process
subrecipient cannot reasonably meet all program participant that has moved), final rule,4 and in HUD’s Affirmatively
statutory and regulatory program but the recipient or subrecipient would Furthering Fair Housing final rule,
requirements. If the program not be exempt from statutory mobility allows individuals or families
participant’s request to move is requirements such as participating in
declined, but the program participant HMIS, ensuring housing meets quality 2 The Administrative Procedure Act (5 U.S.C.

believes the provider could have standards, and ensuring the educational Subchapter II) (APA), which governs Federal
needs of children are met. This rulemaking, provides in section 553(a) that matters
reasonably accommodated the request, involving a military or foreign affairs function of the
the program participant may contact the amendment would facilitate ensuring United States or a matter relating to Federal agency
CoC or HUD directly. the safety needs of victims of domestic management or personnel or to public property,
• The receiving CoC (the CoC with violence, dating violence, sexual loans, grants, benefits, or contracts are exempt from
assault, or stalking by imposing less the advance notice and public comment
jurisdiction over the geographic area to requirement of sections 553(b) and (c) of the APA.
which the program participant seeks to burdensome requirements on recipients In its regulations in 24 CFR 10.1, HUD has waived
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move) is not involved in the decision to and subrecipients while still ensuring the exemption for advance notice and public
allow a program participant to move. that the housing that will be occupied comment for matters that relate to public property,
by the victim of domestic violence, loans, grants, benefits, or contracts, and has
Since discretion to move rests with the committed to undertake notice and comment
program participant, in consultation dating violence, sexual assault, or rulemaking for these matters.
stalking meets all statutory 3 Public Law 113–4, approved March 7, 2013.
1 See Affirmatively Furthering Fair Housing final requirements, including minimum 4 See final rule published on August 20, 2015, at

rule, published on July 16, 2015, at 80 FR 42272. quality standards. 80 FR 50564.

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Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations 38585

transitional housing may be required to DEPARTMENT OF THE INTERIOR continued and expanded educational
live in a specific structure for their opportunities for Indian students and to
entire period of participation in Bureau of Indian Affairs allow for the improvement and
transitional housing. expansion of the physical resources of
(2) Program participants who have 25 CFR Part 41 such institutions. See, 25 U.S.C. 1801 et
complied with all program requirements seq. The TCCUA also authorizes grants
[167A2100DD/AAKC001030/
during their residence retain the rental A0A501010.999900 253G] for the encouragement of endowment
assistance if they move. funds for the operation and
(3) Program participants who have RIN 1076–AF08 improvement of Tribal colleges and
complied with all program requirements universities. The NCCA authorizes
during their residence, who have been Grants to Tribal Colleges and grants to the Navajo Nation to assist in
a victim of domestic violence, dating Universities and Diné College the construction, maintenance and
violence, sexual assault, or stalking, AGENCY: Bureau of Indian Affairs, operation of Diné College. See 25 U.S.C.
who reasonably believe they are Interior. 640a et seq.
imminently threatened by harm from In 1968, the Navajo Nation created the
ACTION: Final rule.
further domestic violence, dating first Tribal college, now called Diné
violence, sexual assault, or stalking SUMMARY: The Bureau of Indian College—and other Tribal colleges
(which would include threats from a Education is updating its regulations quickly followed in California, North
third party, such as a friend or family governing grants to Tribal colleges and Dakota, and South Dakota. Today, there
member of the perpetrator of the universities and Diné College. The are 37 Tribal colleges in 17 states. The
violence) if they remain in the assisted Tribally Controlled Colleges and Tribally controlled institutions were
unit, and who are able to document the Universities Assistance Act of 1978, as chartered by one or more Tribes and are
violence and basis for their belief, may amended (TCCUA), authorizes Federal locally managed.
retain the rental assistance and move to assistance to institutions of higher Tribal colleges generally serve
a different Continuum of Care education that are formally controlled or geographically isolated populations. In a
geographic area if they move out of the have been formally sanctioned or relatively brief period of time, they have
assisted unit to protect their health and chartered by the governing body of an become essential to educational
safety. These program participants may Indian Tribe or Tribes. The Navajo opportunity for American Indian
move to a different Continuum of Care’s Community College Assistance Act of students. Tribal colleges are unique
geographic service area even if the 1978, as amended (NCCA) authorizes institutions that combine personal
recipient or subrecipient cannot meet all Federal assistance to the Navajo Nation attention with cultural relevance, in
regulatory requirements of this part in in construction, maintenance, and such a way as to encourage American
the new geographic area where the unit operation of Diné College. This final Indians—especially those living on
is located. The recipient or subrecipient, rule would update implementing reservations—to overcome barriers to
however, must be able to meet all regulations in light of amendments to higher education.
statutory requirements of the the TCCUA and the NCCA.
Continuum of Care program either II. The Rule’s Changes to the Current
DATES: This rule is effective July 14, Regulations
directly or through a third-party
2016.
contract or agreement. The regulations at 25 CFR part 41
(4) Program participants other than FOR FURTHER INFORMATION CONTACT: Ms. were originally published in 1979. Since
those described in paragraph (c)(3) of Juanita Mendoza, Acting Chief of Staff, the Tribally Controlled Community
this section may choose housing outside Bureau of Indian Education (202) 208– College Assistance Act of 1978 (Pub. L.
of the Continuum of Care’s geographic 3559. 95–471, Title I) was enacted on October
area if the recipient or subrecipient, SUPPLEMENTARY INFORMATION: 17, 1978, over 30 years of amendments
through its employees or contractors, is I. Background to the Act have been made. These
able to meet all requirements of this part II. The Rule’s Changes to the Current include Public Law 98–192 (December
in the geographic area where the Regulations 1, 1983), Public Law 99–428 (September
program participant chooses housing. If III. Comments Received on the Proposed Rule 30, 1996), Public Law 105–244 (October
the recipient or subrecipient is unable to and Responses to Comments
IV. Procedural Requirements
7, 1998), and Public Law 110–315
meet the requirements of this part, (August 14, 2008). Similarly, the Navajo
A. Regulatory Planning and Review (E.O.
either directly or through a third-party Community College Assistance Act of
12866)
contract or agreement, the recipient or B. Regulatory Flexibility Act 1978 (Pub. L. 95–471, Title II) was
subrecipient may refuse to permit the C. Small Business Regulatory Enforcement amended by Public Law 110–315
program participant to retain the tenant- Fairness Act (August 14, 2008). This final rule
based rental assistance if the program D. Unfunded Mandates Reform Act incorporates updates required by those
participant chooses to move outside of E. Takings (E.O. 12630) amendments. Specifically, the final rule:
the Continuum of Care’s geographic F. Federalism (E.O. 13132) • Makes ‘‘plain language’’ revisions
area. G. Civil Justice Reform (E.O. 12988) under Executive Order 12866 and 12988
H. Consultation with Indian Tribes (E.O.
* * * * * 13175)
and by the Presidential Memorandum of
Dated: May 24, 2016. I. Paperwork Reduction Act June 1, 1998;
Harriet Tregoning, J. National Environmental Policy Act • Updates institutional names (e.g.,
K. Effects on the Energy Supply (E.O. changing ‘‘Director, Office of Indian
sradovich on DSK3TPTVN1PROD with RULES

Principal Deputy Assistant Secretary for
Community Planning and Development. 13211) Education Programs’’ to ‘‘Director of the
L. Drafting Information Bureau of Indian Education’’);
Approved on: May 24, 2016.
• Adds statutory authorities and
Nani A. Coloretti, I. Background makes accompanying statutory updates;
Deputy Secretary. The TCCUA authorizes grants for and
[FR Doc. 2016–13684 Filed 6–13–16; 8:45 am] operating and improving Tribal colleges • Combines the purpose, scope, and
BILLING CODE 4210–67–P and universities to insure [sic] definitions into a new subpart A.

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Document Created: 2016-06-14 02:58:51
Document Modified: 2016-06-14 02:58:51
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		Rules and Regulations
Action		Interim rule.
Contact		Norm Suchar, Director, Office of Special Needs Assistance Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410-7000; telephone number 202-708-4300 (this is not a toll-free number). Hearing- and speech-impaired persons may access this number through TTY by calling the Federal Relay Service at 800-877-8339 (this is a toll-free number).
FR Citation		81 FR 38581
RIN Number		2506-AC29
CFR Associated		Community Facilities; Continuum of Care; Emergency Solutions Grants; Grant Programs-Housing and Community Development; Grant Program-Social Programs; Homeless; Rural Housing; Reporting and Recordkeeping Requirements; Supportive Housing Programs-Housing and Community Development and Supportive Services