81_FR_71723 81 FR 71523 - Statutorily Mandated Designation of Difficult Development Areas and Qualified Census Tracts for 2017

81 FR 71523 - Statutorily Mandated Designation of Difficult Development Areas and Qualified Census Tracts for 2017

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 200 (October 17, 2016)

Page Range71523-71528
FR Document2016-25056

This document designates ``Difficult Development Areas'' (DDAs) and ``Qualified Census Tracts'' (QCTs) for purposes of the Low- Income Housing Tax Credit (LIHTC) under Internal Revenue Code (IRC) Section 42 (26 U.S.C. 42). The United States Department of Housing and Urban Development (HUD) makes new DDA and QCT designations annually. Unlike the effective date of the 2016 QCTs and DDAs, which was July 1, 2016, the 2017 QCTs and DDAs are effective January 1, 2017. In order to avoid designating areas unsuitable for residential development, such as airports, HUD is implementing a minimum population requirement for metropolitan Small Difficult Development Areas (SDDAs), as described below.

Federal Register, Volume 81 Issue 200 (Monday, October 17, 2016)
[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Notices]
[Pages 71523-71528]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-25056]



[[Page 71523]]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5980-N-01]


Statutorily Mandated Designation of Difficult Development Areas 
and Qualified Census Tracts for 2017

AGENCY: Office of the Assistant Secretary for Policy Development and 
Research, HUD.

ACTION: Notice.

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

SUMMARY: This document designates ``Difficult Development Areas'' 
(DDAs) and ``Qualified Census Tracts'' (QCTs) for purposes of the Low-
Income Housing Tax Credit (LIHTC) under Internal Revenue Code (IRC) 
Section 42 (26 U.S.C. 42). The United States Department of Housing and 
Urban Development (HUD) makes new DDA and QCT designations annually. 
Unlike the effective date of the 2016 QCTs and DDAs, which was July 1, 
2016, the 2017 QCTs and DDAs are effective January 1, 2017. In order to 
avoid designating areas unsuitable for residential development, such as 
airports, HUD is implementing a minimum population requirement for 
metropolitan Small Difficult Development Areas (SDDAs), as described 
below.

FOR FURTHER INFORMATION CONTACT: For questions on how areas are 
designated and on geographic definitions, contact Michael K. Hollar, 
Senior Economist, Economic Development and Public Finance Division, 
Office of Policy Development and Research, Department of Housing and 
Urban Development, 451 Seventh Street SW., Room 8234, Washington, DC 
20410-6000; telephone number 202-402-5878, or send an email to 
[email protected]. For specific legal questions pertaining to 
Section 42, contact Branch 5, Office of the Associate Chief Counsel, 
Passthroughs and Special Industries, Internal Revenue Service, 1111 
Constitution Avenue NW., Washington, DC 20224; telephone number 202-
317-4137, fax number 202-317-6731. For questions about the ``HUB Zone'' 
program, contact Mariana Pardo, Director, HUBZone Program, Office of 
Government Contracting and Business Development, U.S. Small Business 
Administration, 409 Third Street SW., Suite 8800, Washington, DC 20416; 
telephone number 202-205-2985, fax number 202-481-6443, or send an 
email to [email protected]. (These are not toll-free telephone numbers.) 
A text telephone is available for persons with hearing or speech 
impairments at 800-877-8339. Additional copies of this notice are 
available through HUD User at 800-245-2691 for a small fee to cover 
duplication and mailing costs.

COPIES AVAILABLE ELECTRONICALLY:  This notice and additional 
information about DDAs and QCTs are available electronically on the 
Internet at http://www.huduser.org/datasets/qct.html.

SUPPLEMENTARY INFORMATION: 

This Document

    This notice designates DDAs for each of the 50 states, the District 
of Columbia, Puerto Rico, American Samoa, Guam, the Northern Mariana 
Islands, and the U.S. Virgin Islands. The designations of DDAs in this 
notice are based on modified Fiscal Year (FY) 2016 Small Area Fair 
Market Rents (SAFMRs), FY2016 income limits, and 2010 Census population 
counts, as explained below.
    This notice also designates QCTs based on new income and poverty 
data released in the American Community Survey (ACS). HUD relies on the 
most recent three sets of ACS estimates to ensure that anomalous 
estimates, due to sampling, do not affect the QCT status of tracts.

2010 Census and 2008-2012, 2009-2013 and 2010-2014 American Community 
Survey Data

    Data from the 2010 Census on total population of metropolitan areas 
and nonmetropolitan areas are used in the designation of DDAs. The 
Office of Management and Budget (OMB) first published new metropolitan 
area definitions incorporating 2010 Census data in OMB Bulletin No. 13-
01 on February 28, 2013. FY2016 FMRs and FY2016 income limits used to 
designate DDAs are based on these metropolitan statistical area (MSA) 
definitions, with modifications to account for substantial differences 
in rental housing markets (and, in some cases, median income levels) 
within MSAs. SAFMRs are calculated for the ZIP Code Tabulation Areas 
(ZCTAs), or portions of ZCTAs within the metropolitan areas defined by 
OMB Bulletin No. 13-01.
    Data from the 2010 Census on total population of census tracts, 
metropolitan areas, and the nonmetropolitan parts of states are used in 
the designation of QCTs. The FY2016 income limits used to designate 
QCTs are based on these MSA definitions with modifications to account 
for substantial differences in rental housing markets (and in some 
cases median income levels) within MSAs. This QCT designation uses the 
OMB metropolitan area definitions published in OMB Bulletin No. 13-01 
on February 28, 2013, without modification for purposes of evaluating 
how many census tracts can be designated under the population cap, but 
uses the HUD-modified definitions and their associated area median 
incomes for determining QCT eligibility.
    Because the 2010 Decennial Census did not include questions on 
respondent household income, HUD uses ACS data to designate QCTs. The 
ACS tabulates data collected over 5 years to provide estimates of 
socioeconomic variables for small areas containing fewer than 20,000 
persons, such as census tracts. Due to anomalies in estimates from 
year-to-year, HUD utilizes three sets of ACS tabulations to ensure that 
anomalous estimates do not affect QCT status.

Background

    The U.S. Department of the Treasury (Treasury) and its Internal 
Revenue Service (IRS) are authorized to interpret and enforce the 
provisions of the LIHTC found at IRC Section 42. The Secretary of HUD 
is required to designate DDAs and QCTs by IRC Section 42(d)(5)(B). In 
order to assist in understanding HUD's mandated designation of DDAs and 
QCTs for use in administering IRC Section 42, a summary of the section 
is provided. The following summary does not purport to bind Treasury or 
the IRS in any way, nor does it purport to bind HUD, since HUD has 
authority to interpret or administer the IRC only in instances where it 
receives explicit statutory delegation.

Summary of the Low-Income Housing Tax Credit

    The LIHTC is a tax incentive intended to increase the availability 
of low-income housing. IRC Section 42 provides an income tax credit to 
owners of newly constructed or substantially rehabilitated low-income 
rental housing projects. The dollar amount of the LIHTC available for 
allocation by each state (credit ceiling) is limited by population. 
Each state is allowed a credit ceiling based on a statutory formula 
indicated at IRC Section 42(h)(3). States may carry forward unallocated 
credits derived from the credit ceiling for one year; however, to the 
extent such unallocated credits are not used by then, the credits go 
into a national pool to be redistributed to states as additional 
credit. State and local housing agencies allocate the state's credit 
ceiling among low-income housing buildings whose owners have applied 
for the credit. Besides IRC Section 42 credits derived from the credit 
ceiling, states may also provide IRC Section 42 credits to owners of 
buildings based on the percentage of certain building costs financed by 
tax-

[[Page 71524]]

exempt bond proceeds. Credits provided under the tax-exempt bond 
``volume cap'' do not reduce the credits available from the credit 
ceiling.
    The credits allocated to a building are based on the cost of units 
placed in service as low-income units under particular minimum 
occupancy and maximum rent criteria. In general, a building must meet 
one of two thresholds to be eligible for the LIHTC; either: (1) 20 
percent of the units must be rent-restricted and occupied by tenants 
with incomes no higher than 50 percent of the Area Median Gross Income 
(AMGI), or (2) 40 percent of the units must be rent-restricted and 
occupied by tenants with incomes no higher than 60 percent of AMGI. A 
unit is ``rent-restricted'' if the gross rent, including an allowance 
for tenant-paid utilities, does not exceed 30 percent of the imputed 
income limitation (i.e., 50 percent or 60 percent of AMGI) applicable 
to that unit. The rent and occupancy thresholds remain in effect for at 
least 15 years, and building owners are required to enter into 
agreements to maintain the low-income character of the building for at 
least an additional 15 years.
    The LIHTC reduces income tax liability dollar-for-dollar. It is 
taken annually for a term of 10 years and is intended to yield a 
present value of either: (1) 70 percent of the ``qualified basis'' for 
new construction or substantial rehabilitation expenditures that are 
not federally subsidized (as defined in IRC Section 42(i)(2)), or (2) 
30 percent of the qualified basis for the cost of acquiring certain 
existing buildings or projects that are federally subsidized. The 
actual credit rates are determined monthly under procedures specified 
in IRC Section 42 and cannot be less than 9 percent for buildings that 
are not federally subsidized. Individuals can use the credits up to a 
deduction equivalent of $25,000 (the actual maximum amount of credit 
that an individual can claim depends on the individual's marginal tax 
rate). For buildings placed in service after December 31, 2007, 
individuals can use the credits against the alternative minimum tax. 
Corporations, other than S or personal service corporations, can use 
the credits against ordinary income tax, and, for buildings placed in 
service after December 31, 2007, against the alternative minimum tax. 
These corporations also can deduct losses from the project.
    The qualified basis represents the product of the building's 
``applicable fraction'' and its ``eligible basis.'' The applicable 
fraction is based on the number of low-income units in the building as 
a percentage of the total number of units, or based on the floor space 
of low-income units as a percentage of the total floor space of 
residential units in the building. The eligible basis is the adjusted 
basis attributable to acquisition, rehabilitation, or new construction 
costs (depending on the type of LIHTC involved). These costs include 
amounts chargeable to a capital account that are incurred prior to the 
end of the first taxable year in which the qualified low-income 
building is placed in service or, at the election of the taxpayer, the 
end of the succeeding taxable year. In the case of buildings located in 
designated DDAs or designated QCTs, or buildings designated by the 
state agency, eligible basis can be increased up to 130 percent from 
what it would otherwise be. This means that the available credits also 
can be increased by up to 30 percent. For example, if a 70 percent 
credit is available, it effectively could be increased to as much as 91 
percent.
    IRC Section 42 defines a DDA as an area designated by the Secretary 
of HUD that has high construction, land, and utility costs relative to 
the AMGI. All designated DDAs in metropolitan areas (taken together) 
may not contain more than 20 percent of the aggregate population of all 
metropolitan areas, and all designated areas not in metropolitan areas 
may not contain more than 20 percent of the aggregate population of all 
nonmetropolitan areas.
    Similarly, IRC Section 42 defines a QCT as an area designated by 
the Secretary of HUD and, for the most recent year for which census 
data are available on household income in such tract, in which either 
50 percent or more of the households have an income which is less than 
60 percent of the area median gross income or which has a poverty rate 
of at least 25 percent. All designated QCTs in a single metropolitan 
area or nonmetropolitan area (taken together) may not contain more than 
20 percent of the population of that metropolitan or nonmetropolitan 
area. Thus, unlike the restriction on DDA designations, QCTs are 
restricted by each individual area as opposed to the aggregate 
population across all metropolitan areas and nonmetropolitan areas.
    IRC Section 42(d)(5)(B)(v) allows states to award an increase in 
basis up to 30 percent to buildings located outside of federally 
designated DDAs and QCTs if the increase is necessary to make the 
building financially feasible. This state discretion applies only to 
buildings allocated credits under the state housing credit ceiling and 
is not permitted for buildings receiving credits in connection with 
tax-exempt bonds. Rules for such designations shall be set forth in the 
LIHTC-allocating agencies' qualified allocation plans (QAPs).

Explanation of HUD Designation Method

A. 2017 Difficult Development Areas

    In developing the list of DDAs, HUD compared housing costs with 
incomes. HUD used 2010 Census population for ZCTAs, and nonmetropolitan 
areas, and the MSA definitions, as published in OMB Bulletin No. 13-01 
on February 28, 2013, with modifications, as described below. In 
keeping with past practice of basing the coming year's DDA designations 
on data from the preceding year, the basis for these comparisons is the 
FY2016 HUD income limits for very low-income households (very low-
income limits, or VLILs), which are based on 50 percent of AMGI, and 
modified FMRs based on the FY2016 FMRs used for the Housing Choice 
Voucher (HCV) program. For metropolitan DDAs, HUD used SAFMRs based on 
three annual releases of ACS data, to compensate for statistical 
anomalies which affect estimates for some ZCTAs. For non-metropolitan 
DDAs, HUD used the final FY2016 FMRs as published on December 11, 2015 
(80 FR 77124) and periodically through July 29, 2016 (81 FR 50003).
    In formulating the FY2016 FMRs and VLILs, HUD modified the current 
OMB definitions of MSAs to account for differences in rents among areas 
within each current MSA that were in different FMR areas under 
definitions used in prior years. HUD formed these ``HUD Metro FMR 
Areas'' (HMFAs) in cases where one or more of the parts of newly 
defined MSAs that previously were in separate FMR areas. All counties 
added to metropolitan areas will be an HMFA with rents and incomes 
based on their own county data, where available. HUD no longer requires 
recent-mover rents to differ by five percent or more in order to form a 
new HMFA. All HMFAs are contained entirely within MSAs. All 
nonmetropolitan counties are outside of MSAs and are not broken up by 
HUD for purposes of setting FMRs and VLILs. (Complete details on HUD's 
process for determining FY2016 FMR areas and FMRs are available at 
https://www.huduser.gov/portal/datasets/fmr/fmrs/docsys.html?data=fmr16. Complete details on HUD's process for 
determining FY2015 income limits are available at https://www.huduser.gov/portal/datasets/il/il16/index.html.)
    HUD's unit of analysis for designating metropolitan DDAs consists 
of ZCTAs, whose SAFMRs are compared to

[[Page 71525]]

metropolitan VLILs. For purposes of computing VLILs in metropolitan 
areas, HUD considers entire MSAs, in cases where these were not broken 
up into HMFAs for purposes of computing VLILs; and HMFAs within the 
MSAs that were broken up for such purposes. Hereafter in this notice, 
the unit of analysis for designating metropolitan DDAs will be called 
the ZCTA, and the unit of analysis for nonmetropolitan DDAs will be the 
nonmetropolitan county or county equivalent area. The procedure used in 
making the DDA calculations follows:
    1. For each metropolitan ZCTA and each nonmetropolitan county, HUD 
calculated a ratio. HUD used a modified FY2016 two-bedroom SAFMR for 
ZCTAs, the final FY2016 two-bedroom FMR as published for non-
metropolitan counties, and the FY2016 four-person VLIL for this 
calculation. The modified FY2016 two-bedroom SAFMRs for ZCTAs differ 
from the final FY2016 SAFMRs in three ways.
    First, HUD did not limit the median gross ZCTA rent to 150 percent 
of the median gross Core-Based Statistical Area (CBSA) rent, as in the 
SAFMR calculations used in HUD's demonstration project. Second, HUD 
adjusted median rent values in New York City to correct for the 
downward-bias resulting from rent control and stabilization regulations 
using the New York City Housing and Vacancy Survey, which is conducted 
by the U.S. Census Bureau.\1\ No other jurisdictions have provided HUD 
with data that could be used to adjust SAFMRs for rent control or 
stabilization regulations. Finally, the adjustment for recent mover 
rents is calculated at the HMFA-level rather than CBSA-level.
---------------------------------------------------------------------------

    \1\ HUD encourages other jurisdictions with rent control laws 
that affect rents paid by recent movers into existing units to 
contact HUD about what data might be provided or collected to adjust 
SAFMRs in those jurisdictions.
---------------------------------------------------------------------------

    a. The numerator of the ratio, representing the development cost of 
housing, was the area's FY2016 FMR, or SAFMR in metropolitan areas. In 
general, the FMR is based on the 40th-percentile gross rent paid by 
recent movers to live in a two-bedroom apartment.
    b. The denominator of the ratio, representing the maximum income of 
eligible tenants, was the monthly LIHTC income-based rent limit, which 
was calculated as 1/12 of 30 percent of 120 percent of the area's VLIL 
(where the VLIL was rounded to the nearest $50 and not allowed to 
exceed 80 percent of the AMGI in areas where the VLIL is adjusted 
upward from its 50 percent-of-AMGI base).
    2. The ratios of the FMR, or SAFMR, to the LIHTC income-based rent 
limit were arrayed in descending order, separately, for ZCTAs and for 
nonmetropolitan counties. ZCTAs with populations less than 100 were 
excluded in order to avoid designating areas unsuitable for residential 
development, such as ZCTAs containing airports.
    3. The DDAs are those with the highest ratios cumulative to 20 
percent of the 2010 population of all metropolitan areas and all 
nonmetropolitan areas. For purposes of applying this population cap, 
HUD excluded the population in areas designated as 2017 QCTs. Thus, an 
area can be designated as a QCT or DDA, but not both.

B. Application of Population Caps to DDA Determinations

    In identifying DDAs, HUD applied caps, or limitations, as noted 
above. The cumulative population of metropolitan DDAs cannot exceed 20 
percent of the cumulative population of all metropolitan areas, and the 
cumulative population of nonmetropolitan DDAs cannot exceed 20 percent 
of the cumulative population of all nonmetropolitan areas.
    In applying these caps, HUD established procedures to deal with how 
to treat small overruns of the caps. The remainder of this section 
explains those procedures. In general, HUD stops selecting areas when 
it is impossible to choose another area without exceeding the 
applicable cap. The only exceptions to this policy are when the next 
eligible excluded area contains either a large absolute population or a 
large percentage of the total population, or the next excluded area's 
ranking ratio, as described above, was identical (to four decimal 
places) to the last area selected, and its inclusion resulted in only a 
minor overrun of the cap. Thus, for both the designated metropolitan 
and nonmetropolitan DDAs, there may be minimal overruns of the cap. HUD 
believes the designation of additional areas in the above examples of 
minimal overruns is consistent with the intent of the IRC. As long as 
the apparent excess is small due to measurement errors, some latitude 
is justifiable, because it is impossible to determine whether the 20 
percent cap has been exceeded. Despite the care and effort involved in 
a Decennial Census, the Census Bureau and all users of the data 
recognize that the population counts for a given area and for the 
entire country are not precise. Therefore, the extent of the 
measurement error is unknown. There can be errors in both the numerator 
and denominator of the ratio of populations used in applying a 20 
percent cap. In circumstances where a strict application of a 20 
percent cap results in an anomalous situation, recognition of the 
unavoidable imprecision in the census data justifies accepting small 
variances above the 20 percent limit.

C. Qualified Census Tracts

    In developing this list of QCTs, HUD used 2010 Census 100-percent 
count data on total population, total households, and population in 
households; the median household income and poverty rate as estimated 
in the 2008-2012, 2009-2013 and 2010-2014, ACS tabulations; the FY2016 
Very Low-Income Limits (VLILs) computed at the HUD Metropolitan FMR 
Area (HMFA) level \2\ to determine tract eligibility; and the MSA 
definitions published in OMB Bulletin No. 13-01 on February 28, 2013, 
for determining how many eligible tracts can be designated under the 
statutory 20 percent population cap.
---------------------------------------------------------------------------

    \2\ HUD income limits for very low-income households (very low-
income limits, or VLILs) are based on 50 percent of AMGI. In 
formulating the Fair Market Rents (FMRs) and VLILs, HUD modified the 
current OMB definitions of MSAs to account for substantial 
differences in rents among areas within each new MSA that were in 
different FMR areas under definitions used in prior years. HUD 
originally formed these ``HUD Metro FMR Areas'' (HMFAs) in cases 
where one or more of the parts of newly defined MSAs that previously 
were in separate FMR areas had 2000 Census based 40th-percentile 
recent-mover rents that differed, by 5 percent or more, from the 
same statistic calculated at the MSA level. In addition, a few HMFAs 
were formed on the basis of very large differences in AMGIs among 
the MSA parts. All HMFAs are contained entirely within MSAs. 
Furthermore, HUD created separate ``HUD Metro FMR Areas'' for all 
counties added to metropolitan areas in the February 28, 2013 re-
definition of metropolitan areas published by the Office of 
Management and Budget. All nonmetropolitan counties are outside of 
MSAs and are not broken up by HUD for purposes of setting FMRs and 
VLILs. (Complete details on HUD's process for determining FMR areas 
and FMRs are available at http://www.huduser.org/portal/datasets/fmr.html. Complete details on HUD's process for determining income 
limits are available at http://www.huduser.org/portal/datasets/il.html.)
---------------------------------------------------------------------------

    HUD uses the HMFA-level AMGIs to determine QCT eligibility because 
the statute, specifically IRC Section 42(d)(5)(B)(iv)(II), refers to 
the same section of the IRC that defines income for purposes of tenant 
eligibility and unit maximum rent, specifically IRC Section 42(g)(4). 
By rule, the IRS sets these income limits according to HUD's VLILs, 
which, starting in FY2006 and thereafter, are established at the HMFA 
level. Similarly, HUD uses the entire MSA to determine how many 
eligible tracts can be designated under the 20 percent population cap 
as required by the statute (IRC Section

[[Page 71526]]

42(d)(5)(B)(ii)(III)), which states that MSAs should be treated as 
singular areas. The QCTs were determined as follows:
    1. To be eligible to be designated a QCT, a census tract must have 
50 percent of its households with incomes below 60 percent of the AMGI 
or have a poverty rate of 25 percent or more. Due to potential 
statistical anomalies in the ACS 5-year estimates, one of these 
conditions must be met in at least 2 of the 3 evaluation years for a 
tract to be considered eligible for QCT designation. HUD calculates 60 
percent of AMGI by multiplying by a factor of 1.2 the HMFA or 
nonmetropolitan county FY2016 VLIL adjusted for inflation to match the 
ACS estimates. For example, the FY2016 VLILs were adjusted for 
inflation to 2013 dollars to compare with the median income estimate 
from the 2009-2013 ACS estimates. The inflation-adjusted 2013 VLIL was 
then deflated to 2012 for comparison with the 2008-2012 ACS estimates 
and inflated to 2014 to compare with the 2010-2014 ACS estimates.
    2. For each census tract, whether or not 50 percent of households 
have incomes below the 60 percent income standard (income criterion) 
was determined by: (a) Calculating the average household size of the 
census tract, (b) applying the income standard after adjusting it to 
match the average household size, and (c) comparing the average-
household-size-adjusted income standard to the median household income 
for the tract reported in each of the three years of ACS tabulations 
(2008-2012, 2009-2013 and 2010-2014). HUD did not consider estimates of 
median household income to be statistically reliable unless the margin 
of error was less than half of the estimate (or a Margin of Error 
Ratio, MoER, of 50 percent or less). If at least two of the three 
estimates were not statistically reliable by this measure, HUD 
determined the tract to be ineligible under the income criterion due to 
lack of consistently reliable median income statistics across the three 
ACS tabulations. Since 50 percent of households in a tract have incomes 
above and below the tract median household income, if the tract median 
household income is less than the average-household-size-adjusted 
income standard for the tract, then more than 50 percent of households 
have incomes below the standard.
    3. For each census tract, the poverty rate was determined in each 
of the three releases of ACS tabulations (2008-2012, 2009-2013 and 
2010-2014) by dividing the population with incomes below the poverty 
line by the population for whom poverty status has been determined. As 
with the evaluation of tracts under the income criterion, HUD uses a 
higher data quality standard for evaluating ACS poverty rate data in 
designating the 2017 QCTs than HUD used in previous designations. HUD 
did not consider estimates of the poverty rate to be statistically 
reliable unless both the population for whom poverty status has been 
determined and the number of persons below poverty had MoERs of less 
than 50 percent of the respective estimates. In prior designations of 
QCTs, HUD accepted ACS data with MoERs of up to, but not including 100 
percent. If at least two of the three poverty rate estimates were not 
statistically reliable, HUD determined the tract to be ineligible under 
the poverty rate criterion due to lack of reliable poverty statistics 
across the ACS tabulations.
    4. QCTs are those census tracts in which 50 percent or more of the 
households meet the income criterion in at least two of the three years 
evaluated, or 25 percent or more of the population is in poverty in at 
least two of the three years evaluated, such that the population of all 
census tracts that satisfy either one or both of these criteria does 
not exceed 20 percent of the total population of the respective area.
    5. In areas where more than 20 percent of the population resides in 
eligible census tracts, census tracts are designated as QCTs in 
accordance with the following procedure:
    a. The income and poverty criteria are each averaged over the three 
ACS tabulations (2008-2012, 2009-2013 and 2010-2014). Statistically 
reliable values that did not exceed the income and poverty rate 
thresholds were included in the average.
    b. Eligible tracts are placed in one of two groups based on the 
averaged values of the income and poverty criteria. The first group 
includes tracts that satisfy both the income and poverty criteria for 
QCTs for at least two of the three evaluation years. The second group 
includes tracts that satisfy either the income criterion or the poverty 
criterion in at least two of three years, but not both. A tract must 
qualify by at least one of the criteria in at least two of the three 
evaluation years to be eligible, although it does not need to be the 
same criterion.
    c. Tracts in the first group are ranked from highest to lowest by 
the average of the ratios of the tract average-household-size-adjusted 
income limit to the median household income. Then, tracts in the first 
group are ranked from highest to lowest by the average of the poverty 
rates. The two ranks are averaged to yield a combined rank. The tracts 
are then sorted on the combined rank, with the census tract with the 
highest combined rank being placed at the top of the sorted list. In 
the event of a tie, more populous tracts are ranked above less populous 
ones.
    d. Tracts in the second group are ranked from highest to lowest by 
the average of the ratios of the tract average-household-size-adjusted 
income limit to the median household income. Then, tracts in the second 
group are ranked from highest to lowest by the average of the poverty 
rates. The two ranks are then averaged to yield a combined rank. The 
tracts are then sorted on the combined rank, with the census tract with 
the highest combined rank being placed at the top of the sorted list. 
In the event of a tie, more populous tracts are ranked above less 
populous ones.
    e. The ranked first group is stacked on top of the ranked second 
group to yield a single, concatenated, ranked list of eligible census 
tracts.
    f. Working down the single, concatenated, ranked list of eligible 
tracts, census tracts are identified as designated until the 
designation of an additional tract would cause the 20 percent limit to 
be exceeded. If a census tract is not designated because doing so would 
raise the percentage above 20 percent, subsequent census tracts are 
then considered to determine if one or more census tract(s) with 
smaller population(s) could be designated without exceeding the 20 
percent limit.

D. Exceptions to OMB Definitions of MSAs and Other Geographic Matters

    As stated in OMB Bulletin 13-01, defining metropolitan areas:

    ``OMB establishes and maintains the delineations of Metropolitan 
Statistical Areas, . . . solely for statistical purposes. . . . OMB 
does not take into account or attempt to anticipate any non-
statistical uses that may be made of the delineations, [.] In cases 
where . . . an agency elects to use the Metropolitan . . . Area 
definitions in nonstatistical programs, it is the sponsoring 
agency's responsibility to ensure that the delineations are 
appropriate for such use. An agency using the statistical 
delineations in a nonstatistical program may modify the 
delineations, but only for the purposes of that program. In such 
cases, any modifications should be clearly identified as 
delineations from the OMB statistical area delineations in order to 
avoid confusion with OMB's official definitions of Metropolitan . . 
. Statistical Areas.''

    Following OMB guidance, the estimation procedure for the FMRs and 
income limits incorporates the current OMB definitions of metropolitan 
areas based on the CBSA standards, as

[[Page 71527]]

implemented with 2010 Census data, but makes adjustments to the 
definitions, in order to separate subparts of these areas in cases 
where counties were added to an existing or newly defined metropolitan 
area. In CBSAs where subareas are established, it is HUD's view that 
the geographic extent of the housing markets are not the same as the 
geographic extent of the CBSAs.
    In the New England states (Connecticut, Maine, Massachusetts, New 
Hampshire, Rhode Island, and Vermont), HMFAs are defined according to 
county subdivisions or minor civil divisions (MCDs), rather than county 
boundaries. However, since no part of an HMFA is outside an OMB-
defined, county-based MSA, all New England nonmetropolitan counties are 
kept intact for purposes of designating Nonmetropolitan DDAs.

Future Designations

    DDAs are designated annually as updated income and FMR data are 
made public. QCTs are designated annually as new income and poverty 
rate data are released.

Effective Date

    The 2017 lists of QCTs and DDAs are effective:
    (1) For allocations of credit after December 31, 2016; or
    (2) for purposes of IRC Section 42(h)(4), if the bonds are issued 
and the building is placed in service after December 31, 2016.
    If an area is not on a subsequent list of QCTs or DDAs, the 2017 
lists are effective for the area if:
    (1) The allocation of credit to an applicant is made no later than 
the end of the 730-day period after the applicant submits a complete 
application to the LIHTC-allocating agency, and the submission is made 
before the effective date of the subsequent lists; or
    (2) for purposes of IRC Section 42(h)(4), if:
    (a) The bonds are issued or the building is placed in service no 
later than the end of the 730-day period after the applicant submits a 
complete application to the bond-issuing agency, and
    (b) the submission is made before the effective date of the 
subsequent lists, provided that both the issuance of the bonds and the 
placement in service of the building occur after the application is 
submitted.
    An application is deemed to be submitted on the date it is filed if 
the application is determined to be complete by the credit-allocating 
or bond-issuing agency. A ``complete application'' means that no more 
than de minimis clarification of the application is required for the 
agency to make a decision about the allocation of tax credits or 
issuance of bonds requested in the application.
    In the case of a ``multiphase project,'' the DDA or QCT status of 
the site of the project that applies for all phases of the project is 
that which applied when the project received its first allocation of 
LIHTC. For purposes of IRC Section 42(h)(4), the DDA or QCT status of 
the site of the project that applies for all phases of the project is 
that which applied when the first of the following occurred: (a) The 
building(s) in the first phase were placed in service, or (b) the bonds 
were issued.
    For purposes of this notice, a ``multiphase project'' is defined as 
a set of buildings to be constructed or rehabilitated under the rules 
of the LIHTC and meeting the following criteria:
    (1) The multiphase composition of the project (i.e., total number 
of buildings and phases in project, with a description of how many 
buildings are to be built in each phase and when each phase is to be 
completed, and any other information required by the agency) is made 
known by the applicant in the first application of credit for any 
building in the project, and that applicant identifies the buildings in 
the project for which credit is (or will be) sought;
    (2) The aggregate amount of LIHTC applied for on behalf of, or that 
would eventually be allocated to, the buildings on the site exceeds the 
one-year limitation on credits per applicant, as defined in the 
Qualified Allocation Plan (QAP) of the LIHTC-allocating agency, or the 
annual per-capita credit authority of the LIHTC allocating agency, and 
is the reason the applicant must request multiple allocations over 2 or 
more years; and
    (3) All applications for LIHTC for buildings on the site are made 
in immediately consecutive years.
    Members of the public are hereby reminded that the Secretary of 
Housing and Urban Development, or the Secretary's designee, has legal 
authority to designate DDAs and QCTs, by publishing lists of geographic 
entities as defined by, in the case of DDAs, the Census Bureau, the 
several states and the governments of the insular areas of the United 
States and, in the case of QCTs, by the Census Bureau; and to establish 
the effective dates of such lists. The Secretary of the Treasury, 
through the IRS thereof, has sole legal authority to interpret, and to 
determine and enforce compliance with the IRC and associated 
regulations, including Federal Register notices published by HUD for 
purposes of designating DDAs and QCTs. Representations made by any 
other entity as to the content of HUD notices designating DDAs and QCTs 
that do not precisely match the language published by HUD should not be 
relied upon by taxpayers in determining what actions are necessary to 
comply with HUD notices.

Interpretive Examples of Effective Date

    For the convenience of readers of this notice, interpretive 
examples are provided below to illustrate the consequences of the 
effective date in areas that gain or lose QCT or DDA status. The 
examples covering DDAs are equally applicable to QCT designations.
    (Case A) Project A is located in a 2017 DDA that is NOT a 
designated DDA in 2018 or 2019. A complete application for tax credits 
for Project A is filed with the allocating agency on November 15, 2017. 
Credits are allocated to Project A on October 30, 2019. Project A is 
eligible for the increase in basis accorded a project in a 2017 DDA 
because the application was filed BEFORE January 1, 2018 (the assumed 
effective date for the 2018 DDA lists), and because tax credits were 
allocated no later than the end of the 730-day period after the filing 
of the complete application for an allocation of tax credits.
    (Case B) Project B is located in a 2017 DDA that is NOT a 
designated DDA in 2018 or 2019. A complete application for tax credits 
for Project B is filed with the allocating agency on December 1, 2017. 
Credits are allocated to Project B on March 30, 2020. Project B is NOT 
eligible for the increase in basis accorded a project in a 2017 DDA 
because, although the application for an allocation of tax credits was 
filed BEFORE January 1, 2018 (the assumed effective date of the 2018 
DDA lists), the tax credits were allocated later than the end of the 
730-day period after the filing of the complete application.
    (Case C) Project C is located in a 2017 DDA that was not a DDA in 
2016. Project C was placed in service on November 15, 2016. A complete 
application for tax-exempt bond financing for Project C is filed with 
the bond-issuing agency on January 15, 2017. The bonds that will 
support the permanent financing of Project C are issued on September 
30, 2017. Project C is NOT eligible for the increase in basis otherwise 
accorded a project in a 2017 DDA, because the project was placed in 
service BEFORE January 1, 2017.
    (Case D) Project D is located in an area that is a DDA in 2017, but 
is NOT a DDA in 2018 or 2019. A complete

[[Page 71528]]

application for tax-exempt bond financing for Project D is filed with 
the bond-issuing agency on October 30, 2017. Bonds are issued for 
Project D on April 30, 2019, but Project D is not placed in service 
until January 30, 2020. Project D is eligible for the increase in basis 
available to projects located in 2017 DDAs because: (1) One of the two 
events necessary for triggering the effective date for buildings 
described in Section 42(h)(4)(B) of the IRC (the two events being bonds 
issued and buildings placed in service) took place on April 30, 2019, 
within the 730-day period after a complete application for tax-exempt 
bond financing was filed, (2) the application was filed during a time 
when the location of Project D was in a DDA, and (3) both the issuance 
of the bonds and placement in service of Project D occurred after the 
application was submitted.
    (Case E) Project E is a multiphase project located in a 2017 DDA 
that is NOT a designated DDA or QCT in 2018. The first phase of Project 
E received an allocation of credits in 2017, pursuant to an application 
filed March 15, 2017, which describes the multiphase composition of the 
project. An application for tax credits for the second phase of Project 
E is filed with the allocating agency by the same entity on March 15, 
2018. The second phase of Project E is located on a contiguous site. 
Credits are allocated to the second phase of Project E on October 30, 
2018. The aggregate amount of credits allocated to the two phases of 
Project E exceeds the amount of credits that may be allocated to an 
applicant in one year under the allocating agency's QAP and is the 
reason that applications were made in multiple phases. The second phase 
of Project E is, therefore, eligible for the increase in basis accorded 
a project in a 2017 DDA, because it meets all of the conditions to be a 
part of a multiphase project.
    (Case F) Project F is a multiphase project located in a 2017 DDA 
that is NOT a designated DDA in 2018 or 2019. The first phase of 
Project F received an allocation of credits in 2017, pursuant to an 
application filed March 15, 2017, which does not describe the 
multiphase composition of the project. An application for tax credits 
for the second phase of Project F is filed with the allocating agency 
by the same entity on March 15, 2019. Credits are allocated to the 
second phase of Project F on October 30, 2019. The aggregate amount of 
credits allocated to the two phases of Project F exceeds the amount of 
credits that may be allocated to an applicant in one year under the 
allocating agency's QAP. The second phase of Project F is, therefore, 
NOT eligible for the increase in basis accorded a project in a 2017 
DDA, since it does not meet all of the conditions for a multiphase 
project, as defined in this notice. The original application for 
credits for the first phase did not describe the multiphase composition 
of the project. Also, the application for credits for the second phase 
of Project F was not made in the year immediately following the first 
phase application year.

Findings and Certifications

Environmental Impact

    This notice involves the establishment of fiscal requirements or 
procedures that are related to rate and cost determinations and do not 
constitute a development decision affecting the physical condition of 
specific project areas or building sites. Accordingly, under 40 CFR 
1508.4 of the regulations of the Council on Environmental Quality and 
24 CFR 50.19(c)(6) of HUD's regulations, this notice is categorically 
excluded from environmental review under the National Environmental 
Policy Act of 1969 (42 U.S.C. 4321).

Federalism Impact

    Executive Order 13132 (entitled ``Federalism'') prohibits an agency 
from publishing any policy document that has federalism implications if 
the document either imposes substantial direct compliance costs on 
state and local governments and is not required by statute, or the 
document preempts state law, unless the agency meets the consultation 
and funding requirements of section 6 of the executive order. This 
notice merely designates DDAs and QCTs as required under IRC Section 
42, as amended, for the use by political subdivisions of the states in 
allocating the LIHTC. This notice also details the technical methods 
used in making such designations. As a result, this notice is not 
subject to review under the order.

    Dated: October 5, 2016.
Katherine M. O'Regan,
Assistant Secretary for Policy Development and Research.
[FR Doc. 2016-25056 Filed 10-14-16; 8:45 am]
 BILLING CODE 4210-67-P



                                                                               Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices                                          71523

                                                  DEPARTMENT OF HOUSING AND                               at 800–245–2691 for a small fee to cover              can be designated under the population
                                                  URBAN DEVELOPMENT                                       duplication and mailing costs.                        cap, but uses the HUD-modified
                                                                                                          COPIES AVAILABLE ELECTRONICALLY: This                 definitions and their associated area
                                                  [Docket No. FR–5980–N–01]                                                                                     median incomes for determining QCT
                                                                                                          notice and additional information about
                                                                                                          DDAs and QCTs are available                           eligibility.
                                                  Statutorily Mandated Designation of                                                                              Because the 2010 Decennial Census
                                                  Difficult Development Areas and                         electronically on the Internet at http://
                                                                                                          www.huduser.org/datasets/qct.html.                    did not include questions on respondent
                                                  Qualified Census Tracts for 2017                                                                              household income, HUD uses ACS data
                                                                                                          SUPPLEMENTARY INFORMATION:
                                                  AGENCY:  Office of the Assistant                                                                              to designate QCTs. The ACS tabulates
                                                  Secretary for Policy Development and                    This Document                                         data collected over 5 years to provide
                                                  Research, HUD.                                                                                                estimates of socioeconomic variables for
                                                                                                            This notice designates DDAs for each
                                                                                                                                                                small areas containing fewer than
                                                  ACTION: Notice.                                         of the 50 states, the District of Columbia,
                                                                                                                                                                20,000 persons, such as census tracts.
                                                                                                          Puerto Rico, American Samoa, Guam,
                                                  SUMMARY:    This document designates                                                                          Due to anomalies in estimates from
                                                                                                          the Northern Mariana Islands, and the
                                                  ‘‘Difficult Development Areas’’ (DDAs)                                                                        year-to-year, HUD utilizes three sets of
                                                                                                          U.S. Virgin Islands. The designations of
                                                  and ‘‘Qualified Census Tracts’’ (QCTs)                                                                        ACS tabulations to ensure that
                                                                                                          DDAs in this notice are based on
                                                  for purposes of the Low-Income                                                                                anomalous estimates do not affect QCT
                                                                                                          modified Fiscal Year (FY) 2016 Small
                                                  Housing Tax Credit (LIHTC) under                                                                              status.
                                                                                                          Area Fair Market Rents (SAFMRs),
                                                  Internal Revenue Code (IRC) Section 42                  FY2016 income limits, and 2010 Census                 Background
                                                  (26 U.S.C. 42). The United States                       population counts, as explained below.
                                                  Department of Housing and Urban                                                                                 The U.S. Department of the Treasury
                                                                                                            This notice also designates QCTs                    (Treasury) and its Internal Revenue
                                                  Development (HUD) makes new DDA                         based on new income and poverty data                  Service (IRS) are authorized to interpret
                                                  and QCT designations annually. Unlike                   released in the American Community                    and enforce the provisions of the LIHTC
                                                  the effective date of the 2016 QCTs and                 Survey (ACS). HUD relies on the most                  found at IRC Section 42. The Secretary
                                                  DDAs, which was July 1, 2016, the 2017                  recent three sets of ACS estimates to                 of HUD is required to designate DDAs
                                                  QCTs and DDAs are effective January 1,                  ensure that anomalous estimates, due to               and QCTs by IRC Section 42(d)(5)(B). In
                                                  2017. In order to avoid designating areas               sampling, do not affect the QCT status                order to assist in understanding HUD’s
                                                  unsuitable for residential development,                 of tracts.                                            mandated designation of DDAs and
                                                  such as airports, HUD is implementing
                                                                                                          2010 Census and 2008–2012, 2009–2013                  QCTs for use in administering IRC
                                                  a minimum population requirement for
                                                                                                          and 2010–2014 American Community                      Section 42, a summary of the section is
                                                  metropolitan Small Difficult                                                                                  provided. The following summary does
                                                  Development Areas (SDDAs), as                           Survey Data
                                                                                                                                                                not purport to bind Treasury or the IRS
                                                  described below.                                          Data from the 2010 Census on total                  in any way, nor does it purport to bind
                                                  FOR FURTHER INFORMATION CONTACT: For                    population of metropolitan areas and                  HUD, since HUD has authority to
                                                  questions on how areas are designated                   nonmetropolitan areas are used in the                 interpret or administer the IRC only in
                                                  and on geographic definitions, contact                  designation of DDAs. The Office of                    instances where it receives explicit
                                                  Michael K. Hollar, Senior Economist,                    Management and Budget (OMB) first                     statutory delegation.
                                                  Economic Development and Public                         published new metropolitan area
                                                  Finance Division, Office of Policy                      definitions incorporating 2010 Census                 Summary of the Low-Income Housing
                                                  Development and Research, Department                    data in OMB Bulletin No. 13–01 on                     Tax Credit
                                                  of Housing and Urban Development,                       February 28, 2013. FY2016 FMRs and                      The LIHTC is a tax incentive intended
                                                  451 Seventh Street SW., Room 8234,                      FY2016 income limits used to designate                to increase the availability of low-
                                                  Washington, DC 20410–6000; telephone                    DDAs are based on these metropolitan                  income housing. IRC Section 42
                                                  number 202–402–5878, or send an email                   statistical area (MSA) definitions, with              provides an income tax credit to owners
                                                  to Michael.K.Hollar@hud.gov. For                        modifications to account for substantial              of newly constructed or substantially
                                                  specific legal questions pertaining to                  differences in rental housing markets                 rehabilitated low-income rental housing
                                                  Section 42, contact Branch 5, Office of                 (and, in some cases, median income                    projects. The dollar amount of the
                                                  the Associate Chief Counsel,                            levels) within MSAs. SAFMRs are                       LIHTC available for allocation by each
                                                  Passthroughs and Special Industries,                    calculated for the ZIP Code Tabulation                state (credit ceiling) is limited by
                                                  Internal Revenue Service, 1111                          Areas (ZCTAs), or portions of ZCTAs                   population. Each state is allowed a
                                                  Constitution Avenue NW., Washington,                    within the metropolitan areas defined                 credit ceiling based on a statutory
                                                  DC 20224; telephone number 202–317–                     by OMB Bulletin No. 13–01.                            formula indicated at IRC Section
                                                  4137, fax number 202–317–6731. For                        Data from the 2010 Census on total                  42(h)(3). States may carry forward
                                                  questions about the ‘‘HUB Zone’’                        population of census tracts,                          unallocated credits derived from the
                                                  program, contact Mariana Pardo,                         metropolitan areas, and the                           credit ceiling for one year; however, to
                                                  Director, HUBZone Program, Office of                    nonmetropolitan parts of states are used              the extent such unallocated credits are
                                                  Government Contracting and Business                     in the designation of QCTs. The FY2016                not used by then, the credits go into a
                                                  Development, U.S. Small Business                        income limits used to designate QCTs                  national pool to be redistributed to
                                                  Administration, 409 Third Street SW.,                   are based on these MSA definitions with               states as additional credit. State and
                                                  Suite 8800, Washington, DC 20416;                       modifications to account for substantial              local housing agencies allocate the
                                                  telephone number 202–205–2985, fax                      differences in rental housing markets                 state’s credit ceiling among low-income
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  number 202–481–6443, or send an email                   (and in some cases median income                      housing buildings whose owners have
                                                  to hubzone@sba.gov. (These are not toll-                levels) within MSAs. This QCT                         applied for the credit. Besides IRC
                                                  free telephone numbers.) A text                         designation uses the OMB metropolitan                 Section 42 credits derived from the
                                                  telephone is available for persons with                 area definitions published in OMB                     credit ceiling, states may also provide
                                                  hearing or speech impairments at 800–                   Bulletin No. 13–01 on February 28,                    IRC Section 42 credits to owners of
                                                  877–8339. Additional copies of this                     2013, without modification for purposes               buildings based on the percentage of
                                                  notice are available through HUD User                   of evaluating how many census tracts                  certain building costs financed by tax-


                                             VerDate Sep<11>2014   14:22 Oct 14, 2016   Jkt 241001   PO 00000   Frm 00049   Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM   17OCN1


                                                  71524                        Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices

                                                  exempt bond proceeds. Credits provided                  building as a percentage of the total                 in connection with tax-exempt bonds.
                                                  under the tax-exempt bond ‘‘volume                      number of units, or based on the floor                Rules for such designations shall be set
                                                  cap’’ do not reduce the credits available               space of low-income units as a                        forth in the LIHTC-allocating agencies’
                                                  from the credit ceiling.                                percentage of the total floor space of                qualified allocation plans (QAPs).
                                                     The credits allocated to a building are              residential units in the building. The
                                                  based on the cost of units placed in                                                                          Explanation of HUD Designation
                                                                                                          eligible basis is the adjusted basis
                                                  service as low-income units under                       attributable to acquisition,                          Method
                                                  particular minimum occupancy and                        rehabilitation, or new construction costs             A. 2017 Difficult Development Areas
                                                  maximum rent criteria. In general, a                    (depending on the type of LIHTC                         In developing the list of DDAs, HUD
                                                  building must meet one of two                           involved). These costs include amounts                compared housing costs with incomes.
                                                  thresholds to be eligible for the LIHTC;                chargeable to a capital account that are              HUD used 2010 Census population for
                                                  either: (1) 20 percent of the units must                incurred prior to the end of the first                ZCTAs, and nonmetropolitan areas, and
                                                  be rent-restricted and occupied by                      taxable year in which the qualified low-              the MSA definitions, as published in
                                                  tenants with incomes no higher than 50                  income building is placed in service or,
                                                                                                                                                                OMB Bulletin No. 13–01 on February
                                                  percent of the Area Median Gross                        at the election of the taxpayer, the end
                                                                                                                                                                28, 2013, with modifications, as
                                                  Income (AMGI), or (2) 40 percent of the                 of the succeeding taxable year. In the
                                                  units must be rent-restricted and                                                                             described below. In keeping with past
                                                                                                          case of buildings located in designated
                                                  occupied by tenants with incomes no                                                                           practice of basing the coming year’s
                                                                                                          DDAs or designated QCTs, or buildings
                                                  higher than 60 percent of AMGI. A unit                                                                        DDA designations on data from the
                                                                                                          designated by the state agency, eligible
                                                  is ‘‘rent-restricted’’ if the gross rent,                                                                     preceding year, the basis for these
                                                                                                          basis can be increased up to 130 percent
                                                  including an allowance for tenant-paid                                                                        comparisons is the FY2016 HUD income
                                                                                                          from what it would otherwise be. This
                                                  utilities, does not exceed 30 percent of                                                                      limits for very low-income households
                                                                                                          means that the available credits also can
                                                  the imputed income limitation (i.e., 50                                                                       (very low-income limits, or VLILs),
                                                                                                          be increased by up to 30 percent. For
                                                  percent or 60 percent of AMGI)                          example, if a 70 percent credit is                    which are based on 50 percent of AMGI,
                                                  applicable to that unit. The rent and                   available, it effectively could be                    and modified FMRs based on the
                                                  occupancy thresholds remain in effect                   increased to as much as 91 percent.                   FY2016 FMRs used for the Housing
                                                  for at least 15 years, and building                        IRC Section 42 defines a DDA as an                 Choice Voucher (HCV) program. For
                                                  owners are required to enter into                       area designated by the Secretary of HUD               metropolitan DDAs, HUD used SAFMRs
                                                  agreements to maintain the low-income                   that has high construction, land, and                 based on three annual releases of ACS
                                                  character of the building for at least an               utility costs relative to the AMGI. All               data, to compensate for statistical
                                                  additional 15 years.                                    designated DDAs in metropolitan areas                 anomalies which affect estimates for
                                                     The LIHTC reduces income tax                         (taken together) may not contain more                 some ZCTAs. For non-metropolitan
                                                  liability dollar-for-dollar. It is taken                than 20 percent of the aggregate                      DDAs, HUD used the final FY2016
                                                  annually for a term of 10 years and is                  population of all metropolitan areas,                 FMRs as published on December 11,
                                                  intended to yield a present value of                    and all designated areas not in                       2015 (80 FR 77124) and periodically
                                                  either: (1) 70 percent of the ‘‘qualified               metropolitan areas may not contain                    through July 29, 2016 (81 FR 50003).
                                                  basis’’ for new construction or                         more than 20 percent of the aggregate                   In formulating the FY2016 FMRs and
                                                  substantial rehabilitation expenditures                 population of all nonmetropolitan areas.              VLILs, HUD modified the current OMB
                                                  that are not federally subsidized (as                      Similarly, IRC Section 42 defines a                definitions of MSAs to account for
                                                  defined in IRC Section 42(i)(2)), or (2)                QCT as an area designated by the                      differences in rents among areas within
                                                  30 percent of the qualified basis for the               Secretary of HUD and, for the most                    each current MSA that were in different
                                                  cost of acquiring certain existing                      recent year for which census data are                 FMR areas under definitions used in
                                                  buildings or projects that are federally                available on household income in such                 prior years. HUD formed these ‘‘HUD
                                                  subsidized. The actual credit rates are                 tract, in which either 50 percent or more             Metro FMR Areas’’ (HMFAs) in cases
                                                  determined monthly under procedures                     of the households have an income                      where one or more of the parts of newly
                                                  specified in IRC Section 42 and cannot                  which is less than 60 percent of the area             defined MSAs that previously were in
                                                  be less than 9 percent for buildings that               median gross income or which has a                    separate FMR areas. All counties added
                                                  are not federally subsidized. Individuals               poverty rate of at least 25 percent. All              to metropolitan areas will be an HMFA
                                                  can use the credits up to a deduction                   designated QCTs in a single                           with rents and incomes based on their
                                                  equivalent of $25,000 (the actual                       metropolitan area or nonmetropolitan                  own county data, where available. HUD
                                                  maximum amount of credit that an                        area (taken together) may not contain                 no longer requires recent-mover rents to
                                                  individual can claim depends on the                     more than 20 percent of the population                differ by five percent or more in order
                                                  individual’s marginal tax rate). For                    of that metropolitan or nonmetropolitan               to form a new HMFA. All HMFAs are
                                                  buildings placed in service after                       area. Thus, unlike the restriction on                 contained entirely within MSAs. All
                                                  December 31, 2007, individuals can use                  DDA designations, QCTs are restricted                 nonmetropolitan counties are outside of
                                                  the credits against the alternative                     by each individual area as opposed to                 MSAs and are not broken up by HUD for
                                                  minimum tax. Corporations, other than                   the aggregate population across all                   purposes of setting FMRs and VLILs.
                                                  S or personal service corporations, can                 metropolitan areas and nonmetropolitan                (Complete details on HUD’s process for
                                                  use the credits against ordinary income                 areas.                                                determining FY2016 FMR areas and
                                                  tax, and, for buildings placed in service                  IRC Section 42(d)(5)(B)(v) allows                  FMRs are available at https://
                                                  after December 31, 2007, against the                    states to award an increase in basis up               www.huduser.gov/portal/datasets/fmr/
                                                                                                          to 30 percent to buildings located                    fmrs/docsys.html?data=fmr16.
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  alternative minimum tax. These
                                                  corporations also can deduct losses from                outside of federally designated DDAs                  Complete details on HUD’s process for
                                                  the project.                                            and QCTs if the increase is necessary to              determining FY2015 income limits are
                                                     The qualified basis represents the                   make the building financially feasible.               available at https://www.huduser.gov/
                                                  product of the building’s ‘‘applicable                  This state discretion applies only to                 portal/datasets/il/il16/index.html.)
                                                  fraction’’ and its ‘‘eligible basis.’’ The              buildings allocated credits under the                   HUD’s unit of analysis for designating
                                                  applicable fraction is based on the                     state housing credit ceiling and is not               metropolitan DDAs consists of ZCTAs,
                                                  number of low-income units in the                       permitted for buildings receiving credits             whose SAFMRs are compared to


                                             VerDate Sep<11>2014   14:22 Oct 14, 2016   Jkt 241001   PO 00000   Frm 00050   Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM   17OCN1


                                                                               Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices                                                  71525

                                                  metropolitan VLILs. For purposes of                       2. The ratios of the FMR, or SAFMR,                 denominator of the ratio of populations
                                                  computing VLILs in metropolitan areas,                  to the LIHTC income-based rent limit                  used in applying a 20 percent cap. In
                                                  HUD considers entire MSAs, in cases                     were arrayed in descending order,                     circumstances where a strict application
                                                  where these were not broken up into                     separately, for ZCTAs and for                         of a 20 percent cap results in an
                                                  HMFAs for purposes of computing                         nonmetropolitan counties. ZCTAs with                  anomalous situation, recognition of the
                                                  VLILs; and HMFAs within the MSAs                        populations less than 100 were                        unavoidable imprecision in the census
                                                  that were broken up for such purposes.                  excluded in order to avoid designating                data justifies accepting small variances
                                                  Hereafter in this notice, the unit of                   areas unsuitable for residential                      above the 20 percent limit.
                                                  analysis for designating metropolitan                   development, such as ZCTAs containing
                                                                                                                                                                C. Qualified Census Tracts
                                                  DDAs will be called the ZCTA, and the                   airports.
                                                  unit of analysis for nonmetropolitan                      3. The DDAs are those with the                         In developing this list of QCTs, HUD
                                                  DDAs will be the nonmetropolitan                        highest ratios cumulative to 20 percent               used 2010 Census 100-percent count
                                                  county or county equivalent area. The                   of the 2010 population of all                         data on total population, total
                                                  procedure used in making the DDA                        metropolitan areas and all                            households, and population in
                                                  calculations follows:                                   nonmetropolitan areas. For purposes of                households; the median household
                                                     1. For each metropolitan ZCTA and                    applying this population cap, HUD                     income and poverty rate as estimated in
                                                  each nonmetropolitan county, HUD                        excluded the population in areas                      the 2008–2012, 2009–2013 and 2010–
                                                  calculated a ratio. HUD used a modified                 designated as 2017 QCTs. Thus, an area                2014, ACS tabulations; the FY2016 Very
                                                  FY2016 two-bedroom SAFMR for                            can be designated as a QCT or DDA, but                Low-Income Limits (VLILs) computed at
                                                  ZCTAs, the final FY2016 two-bedroom                     not both.                                             the HUD Metropolitan FMR Area
                                                  FMR as published for non-metropolitan                                                                         (HMFA) level 2 to determine tract
                                                                                                          B. Application of Population Caps to                  eligibility; and the MSA definitions
                                                  counties, and the FY2016 four-person
                                                                                                          DDA Determinations                                    published in OMB Bulletin No. 13–01
                                                  VLIL for this calculation. The modified
                                                  FY2016 two-bedroom SAFMRs for                              In identifying DDAs, HUD applied                   on February 28, 2013, for determining
                                                  ZCTAs differ from the final FY2016                      caps, or limitations, as noted above. The             how many eligible tracts can be
                                                  SAFMRs in three ways.                                   cumulative population of metropolitan                 designated under the statutory 20
                                                     First, HUD did not limit the median                  DDAs cannot exceed 20 percent of the                  percent population cap.
                                                  gross ZCTA rent to 150 percent of the                   cumulative population of all                             HUD uses the HMFA-level AMGIs to
                                                  median gross Core-Based Statistical                     metropolitan areas, and the cumulative                determine QCT eligibility because the
                                                  Area (CBSA) rent, as in the SAFMR                       population of nonmetropolitan DDAs                    statute, specifically IRC Section
                                                  calculations used in HUD’s                              cannot exceed 20 percent of the                       42(d)(5)(B)(iv)(II), refers to the same
                                                  demonstration project. Second, HUD                      cumulative population of all                          section of the IRC that defines income
                                                  adjusted median rent values in New                      nonmetropolitan areas.                                for purposes of tenant eligibility and
                                                  York City to correct for the downward-                     In applying these caps, HUD                        unit maximum rent, specifically IRC
                                                  bias resulting from rent control and                    established procedures to deal with how               Section 42(g)(4). By rule, the IRS sets
                                                  stabilization regulations using the New                 to treat small overruns of the caps. The              these income limits according to HUD’s
                                                  York City Housing and Vacancy Survey,                   remainder of this section explains those              VLILs, which, starting in FY2006 and
                                                  which is conducted by the U.S. Census                   procedures. In general, HUD stops                     thereafter, are established at the HMFA
                                                  Bureau.1 No other jurisdictions have                    selecting areas when it is impossible to              level. Similarly, HUD uses the entire
                                                  provided HUD with data that could be                    choose another area without exceeding                 MSA to determine how many eligible
                                                  used to adjust SAFMRs for rent control                  the applicable cap. The only exceptions               tracts can be designated under the 20
                                                  or stabilization regulations. Finally, the              to this policy are when the next eligible             percent population cap as required by
                                                  adjustment for recent mover rents is                    excluded area contains either a large                 the statute (IRC Section
                                                  calculated at the HMFA-level rather                     absolute population or a large
                                                  than CBSA-level.                                        percentage of the total population, or                   2 HUD income limits for very low-income

                                                     a. The numerator of the ratio,                       the next excluded area’s ranking ratio,               households (very low-income limits, or VLILs) are
                                                                                                                                                                based on 50 percent of AMGI. In formulating the
                                                  representing the development cost of                    as described above, was identical (to                 Fair Market Rents (FMRs) and VLILs, HUD
                                                  housing, was the area’s FY2016 FMR, or                  four decimal places) to the last area                 modified the current OMB definitions of MSAs to
                                                  SAFMR in metropolitan areas. In                         selected, and its inclusion resulted in               account for substantial differences in rents among
                                                  general, the FMR is based on the 40th-                  only a minor overrun of the cap. Thus,                areas within each new MSA that were in different
                                                                                                                                                                FMR areas under definitions used in prior years.
                                                  percentile gross rent paid by recent                    for both the designated metropolitan                  HUD originally formed these ‘‘HUD Metro FMR
                                                  movers to live in a two-bedroom                         and nonmetropolitan DDAs, there may                   Areas’’ (HMFAs) in cases where one or more of the
                                                  apartment.                                              be minimal overruns of the cap. HUD                   parts of newly defined MSAs that previously were
                                                     b. The denominator of the ratio,                     believes the designation of additional                in separate FMR areas had 2000 Census based 40th-
                                                                                                                                                                percentile recent-mover rents that differed, by 5
                                                  representing the maximum income of                      areas in the above examples of minimal                percent or more, from the same statistic calculated
                                                  eligible tenants, was the monthly LIHTC                 overruns is consistent with the intent of             at the MSA level. In addition, a few HMFAs were
                                                  income-based rent limit, which was                      the IRC. As long as the apparent excess               formed on the basis of very large differences in
                                                  calculated as 1/12 of 30 percent of 120                 is small due to measurement errors,                   AMGIs among the MSA parts. All HMFAs are
                                                  percent of the area’s VLIL (where the                                                                         contained entirely within MSAs. Furthermore, HUD
                                                                                                          some latitude is justifiable, because it is           created separate ‘‘HUD Metro FMR Areas’’ for all
                                                  VLIL was rounded to the nearest $50                     impossible to determine whether the 20                counties added to metropolitan areas in the
                                                  and not allowed to exceed 80 percent of                 percent cap has been exceeded. Despite                February 28, 2013 re-definition of metropolitan
                                                  the AMGI in areas where the VLIL is                     the care and effort involved in a                     areas published by the Office of Management and
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  adjusted upward from its 50 percent-of-                                                                       Budget. All nonmetropolitan counties are outside of
                                                                                                          Decennial Census, the Census Bureau                   MSAs and are not broken up by HUD for purposes
                                                  AMGI base).                                             and all users of the data recognize that              of setting FMRs and VLILs. (Complete details on
                                                                                                          the population counts for a given area                HUD’s process for determining FMR areas and
                                                    1 HUD encourages other jurisdictions with rent
                                                                                                          and for the entire country are not                    FMRs are available at http://www.huduser.org/
                                                  control laws that affect rents paid by recent movers                                                          portal/datasets/fmr.html. Complete details on
                                                  into existing units to contact HUD about what data
                                                                                                          precise. Therefore, the extent of the                 HUD’s process for determining income limits are
                                                  might be provided or collected to adjust SAFMRs         measurement error is unknown. There                   available at http://www.huduser.org/portal/
                                                  in those jurisdictions.                                 can be errors in both the numerator and               datasets/il.html.)



                                             VerDate Sep<11>2014   14:22 Oct 14, 2016   Jkt 241001   PO 00000   Frm 00051   Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM   17OCN1


                                                  71526                        Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices

                                                  42(d)(5)(B)(ii)(III)), which states that                whom poverty status has been                          poverty rates. The two ranks are
                                                  MSAs should be treated as singular                      determined. As with the evaluation of                 averaged to yield a combined rank. The
                                                  areas. The QCTs were determined as                      tracts under the income criterion, HUD                tracts are then sorted on the combined
                                                  follows:                                                uses a higher data quality standard for               rank, with the census tract with the
                                                     1. To be eligible to be designated a                 evaluating ACS poverty rate data in                   highest combined rank being placed at
                                                  QCT, a census tract must have 50                        designating the 2017 QCTs than HUD                    the top of the sorted list. In the event of
                                                  percent of its households with incomes                  used in previous designations. HUD did                a tie, more populous tracts are ranked
                                                  below 60 percent of the AMGI or have                    not consider estimates of the poverty                 above less populous ones.
                                                  a poverty rate of 25 percent or more.                   rate to be statistically reliable unless                 d. Tracts in the second group are
                                                  Due to potential statistical anomalies in               both the population for whom poverty                  ranked from highest to lowest by the
                                                  the ACS 5-year estimates, one of these                  status has been determined and the                    average of the ratios of the tract average-
                                                  conditions must be met in at least 2 of                 number of persons below poverty had                   household-size-adjusted income limit to
                                                  the 3 evaluation years for a tract to be                MoERs of less than 50 percent of the                  the median household income. Then,
                                                  considered eligible for QCT designation.                respective estimates. In prior                        tracts in the second group are ranked
                                                  HUD calculates 60 percent of AMGI by                    designations of QCTs, HUD accepted                    from highest to lowest by the average of
                                                  multiplying by a factor of 1.2 the HMFA                 ACS data with MoERs of up to, but not                 the poverty rates. The two ranks are
                                                  or nonmetropolitan county FY2016                        including 100 percent. If at least two of             then averaged to yield a combined rank.
                                                  VLIL adjusted for inflation to match the                the three poverty rate estimates were not             The tracts are then sorted on the
                                                  ACS estimates. For example, the                         statistically reliable, HUD determined                combined rank, with the census tract
                                                  FY2016 VLILs were adjusted for                          the tract to be ineligible under the                  with the highest combined rank being
                                                  inflation to 2013 dollars to compare                    poverty rate criterion due to lack of                 placed at the top of the sorted list. In the
                                                  with the median income estimate from                    reliable poverty statistics across the ACS            event of a tie, more populous tracts are
                                                  the 2009–2013 ACS estimates. The                        tabulations.                                          ranked above less populous ones.
                                                  inflation-adjusted 2013 VLIL was then                      4. QCTs are those census tracts in                    e. The ranked first group is stacked on
                                                  deflated to 2012 for comparison with                    which 50 percent or more of the                       top of the ranked second group to yield
                                                  the 2008–2012 ACS estimates and                         households meet the income criterion in               a single, concatenated, ranked list of
                                                  inflated to 2014 to compare with the                    at least two of the three years evaluated,            eligible census tracts.
                                                  2010–2014 ACS estimates.                                or 25 percent or more of the population                  f. Working down the single,
                                                     2. For each census tract, whether or                 is in poverty in at least two of the three            concatenated, ranked list of eligible
                                                  not 50 percent of households have                       years evaluated, such that the                        tracts, census tracts are identified as
                                                  incomes below the 60 percent income                     population of all census tracts that                  designated until the designation of an
                                                  standard (income criterion) was                         satisfy either one or both of these                   additional tract would cause the 20
                                                  determined by: (a) Calculating the                      criteria does not exceed 20 percent of                percent limit to be exceeded. If a census
                                                  average household size of the census                    the total population of the respective                tract is not designated because doing so
                                                  tract, (b) applying the income standard                 area.                                                 would raise the percentage above 20
                                                  after adjusting it to match the average                    5. In areas where more than 20                     percent, subsequent census tracts are
                                                  household size, and (c) comparing the                   percent of the population resides in                  then considered to determine if one or
                                                  average-household-size-adjusted income                  eligible census tracts, census tracts are             more census tract(s) with smaller
                                                  standard to the median household                        designated as QCTs in accordance with                 population(s) could be designated
                                                  income for the tract reported in each of                the following procedure:                              without exceeding the 20 percent limit.
                                                  the three years of ACS tabulations                         a. The income and poverty criteria are
                                                  (2008–2012, 2009–2013 and 2010–                         each averaged over the three ACS                      D. Exceptions to OMB Definitions of
                                                  2014). HUD did not consider estimates                   tabulations (2008–2012, 2009–2013 and                 MSAs and Other Geographic Matters
                                                  of median household income to be                        2010–2014). Statistically reliable values               As stated in OMB Bulletin 13–01,
                                                  statistically reliable unless the margin of             that did not exceed the income and                    defining metropolitan areas:
                                                  error was less than half of the estimate                poverty rate thresholds were included
                                                                                                                                                                   ‘‘OMB establishes and maintains the
                                                  (or a Margin of Error Ratio, MoER, of 50                in the average.                                       delineations of Metropolitan Statistical
                                                  percent or less). If at least two of the                   b. Eligible tracts are placed in one of            Areas, . . . solely for statistical purposes.
                                                  three estimates were not statistically                  two groups based on the averaged                      . . . OMB does not take into account or
                                                  reliable by this measure, HUD                           values of the income and poverty                      attempt to anticipate any non-statistical uses
                                                  determined the tract to be ineligible                   criteria. The first group includes tracts             that may be made of the delineations, [.] In
                                                  under the income criterion due to lack                  that satisfy both the income and poverty              cases where . . . an agency elects to use the
                                                  of consistently reliable median income                  criteria for QCTs for at least two of the             Metropolitan . . . Area definitions in
                                                  statistics across the three ACS                         three evaluation years. The second                    nonstatistical programs, it is the sponsoring
                                                                                                          group includes tracts that satisfy either             agency’s responsibility to ensure that the
                                                  tabulations. Since 50 percent of
                                                                                                                                                                delineations are appropriate for such use. An
                                                  households in a tract have incomes                      the income criterion or the poverty                   agency using the statistical delineations in a
                                                  above and below the tract median                        criterion in at least two of three years,             nonstatistical program may modify the
                                                  household income, if the tract median                   but not both. A tract must qualify by at              delineations, but only for the purposes of that
                                                  household income is less than the                       least one of the criteria in at least two             program. In such cases, any modifications
                                                  average-household-size-adjusted income                  of the three evaluation years to be                   should be clearly identified as delineations
                                                  standard for the tract, then more than 50               eligible, although it does not need to be             from the OMB statistical area delineations in
                                                                                                                                                                order to avoid confusion with OMB’s official
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  percent of households have incomes                      the same criterion.
                                                  below the standard.                                        c. Tracts in the first group are ranked            definitions of Metropolitan . . . Statistical
                                                     3. For each census tract, the poverty                from highest to lowest by the average of              Areas.’’
                                                  rate was determined in each of the three                the ratios of the tract average-                        Following OMB guidance, the
                                                  releases of ACS tabulations (2008–2012,                 household-size-adjusted income limit to               estimation procedure for the FMRs and
                                                  2009–2013 and 2010–2014) by dividing                    the median household income. Then,                    income limits incorporates the current
                                                  the population with incomes below the                   tracts in the first group are ranked from             OMB definitions of metropolitan areas
                                                  poverty line by the population for                      highest to lowest by the average of the               based on the CBSA standards, as


                                             VerDate Sep<11>2014   14:22 Oct 14, 2016   Jkt 241001   PO 00000   Frm 00052   Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM   17OCN1


                                                                               Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices                                            71527

                                                  implemented with 2010 Census data,                      de minimis clarification of the                       Federal Register notices published by
                                                  but makes adjustments to the                            application is required for the agency to             HUD for purposes of designating DDAs
                                                  definitions, in order to separate subparts              make a decision about the allocation of               and QCTs. Representations made by any
                                                  of these areas in cases where counties                  tax credits or issuance of bonds                      other entity as to the content of HUD
                                                  were added to an existing or newly                      requested in the application.                         notices designating DDAs and QCTs that
                                                  defined metropolitan area. In CBSAs                        In the case of a ‘‘multiphase project,’’           do not precisely match the language
                                                  where subareas are established, it is                   the DDA or QCT status of the site of the              published by HUD should not be relied
                                                  HUD’s view that the geographic extent                   project that applies for all phases of the            upon by taxpayers in determining what
                                                  of the housing markets are not the same                 project is that which applied when the                actions are necessary to comply with
                                                  as the geographic extent of the CBSAs.                  project received its first allocation of              HUD notices.
                                                    In the New England states                             LIHTC. For purposes of IRC Section
                                                                                                          42(h)(4), the DDA or QCT status of the                Interpretive Examples of Effective Date
                                                  (Connecticut, Maine, Massachusetts,
                                                  New Hampshire, Rhode Island, and                        site of the project that applies for all                 For the convenience of readers of this
                                                  Vermont), HMFAs are defined according                   phases of the project is that which                   notice, interpretive examples are
                                                  to county subdivisions or minor civil                   applied when the first of the following               provided below to illustrate the
                                                  divisions (MCDs), rather than county                    occurred: (a) The building(s) in the first            consequences of the effective date in
                                                  boundaries. However, since no part of                   phase were placed in service, or (b) the              areas that gain or lose QCT or DDA
                                                  an HMFA is outside an OMB-defined,                      bonds were issued.                                    status. The examples covering DDAs are
                                                  county-based MSA, all New England                          For purposes of this notice, a                     equally applicable to QCT designations.
                                                  nonmetropolitan counties are kept                       ‘‘multiphase project’’ is defined as a set               (Case A) Project A is located in a 2017
                                                  intact for purposes of designating                      of buildings to be constructed or                     DDA that is NOT a designated DDA in
                                                  Nonmetropolitan DDAs.                                   rehabilitated under the rules of the                  2018 or 2019. A complete application
                                                                                                          LIHTC and meeting the following                       for tax credits for Project A is filed with
                                                  Future Designations                                     criteria:                                             the allocating agency on November 15,
                                                    DDAs are designated annually as                          (1) The multiphase composition of the              2017. Credits are allocated to Project A
                                                  updated income and FMR data are made                    project (i.e., total number of buildings              on October 30, 2019. Project A is
                                                  public. QCTs are designated annually as                 and phases in project, with a                         eligible for the increase in basis
                                                  new income and poverty rate data are                    description of how many buildings are                 accorded a project in a 2017 DDA
                                                  released.                                               to be built in each phase and when each               because the application was filed
                                                                                                          phase is to be completed, and any other               BEFORE January 1, 2018 (the assumed
                                                  Effective Date                                          information required by the agency) is                effective date for the 2018 DDA lists),
                                                     The 2017 lists of QCTs and DDAs are                  made known by the applicant in the                    and because tax credits were allocated
                                                  effective:                                              first application of credit for any                   no later than the end of the 730-day
                                                     (1) For allocations of credit after                  building in the project, and that                     period after the filing of the complete
                                                  December 31, 2016; or                                   applicant identifies the buildings in the             application for an allocation of tax
                                                     (2) for purposes of IRC Section                      project for which credit is (or will be)              credits.
                                                  42(h)(4), if the bonds are issued and the               sought;                                                  (Case B) Project B is located in a 2017
                                                  building is placed in service after                        (2) The aggregate amount of LIHTC                  DDA that is NOT a designated DDA in
                                                  December 31, 2016.                                      applied for on behalf of, or that would               2018 or 2019. A complete application
                                                     If an area is not on a subsequent list               eventually be allocated to, the buildings             for tax credits for Project B is filed with
                                                  of QCTs or DDAs, the 2017 lists are                     on the site exceeds the one-year                      the allocating agency on December 1,
                                                  effective for the area if:                              limitation on credits per applicant, as               2017. Credits are allocated to Project B
                                                     (1) The allocation of credit to an                   defined in the Qualified Allocation Plan              on March 30, 2020. Project B is NOT
                                                  applicant is made no later than the end                 (QAP) of the LIHTC-allocating agency,                 eligible for the increase in basis
                                                  of the 730-day period after the applicant               or the annual per-capita credit authority             accorded a project in a 2017 DDA
                                                  submits a complete application to the                   of the LIHTC allocating agency, and is                because, although the application for an
                                                  LIHTC-allocating agency, and the                        the reason the applicant must request                 allocation of tax credits was filed
                                                  submission is made before the effective                 multiple allocations over 2 or more                   BEFORE January 1, 2018 (the assumed
                                                  date of the subsequent lists; or                        years; and                                            effective date of the 2018 DDA lists), the
                                                     (2) for purposes of IRC Section                         (3) All applications for LIHTC for                 tax credits were allocated later than the
                                                  42(h)(4), if:                                           buildings on the site are made in                     end of the 730-day period after the filing
                                                     (a) The bonds are issued or the                      immediately consecutive years.                        of the complete application.
                                                  building is placed in service no later                     Members of the public are hereby                      (Case C) Project C is located in a 2017
                                                  than the end of the 730-day period after                reminded that the Secretary of Housing                DDA that was not a DDA in 2016.
                                                  the applicant submits a complete                        and Urban Development, or the                         Project C was placed in service on
                                                  application to the bond-issuing agency,                 Secretary’s designee, has legal authority             November 15, 2016. A complete
                                                  and                                                     to designate DDAs and QCTs, by                        application for tax-exempt bond
                                                     (b) the submission is made before the                publishing lists of geographic entities as            financing for Project C is filed with the
                                                  effective date of the subsequent lists,                 defined by, in the case of DDAs, the                  bond-issuing agency on January 15,
                                                  provided that both the issuance of the                  Census Bureau, the several states and                 2017. The bonds that will support the
                                                  bonds and the placement in service of                   the governments of the insular areas of               permanent financing of Project C are
                                                  the building occur after the application                the United States and, in the case of
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                                                                                                                                issued on September 30, 2017. Project C
                                                  is submitted.                                           QCTs, by the Census Bureau; and to                    is NOT eligible for the increase in basis
                                                     An application is deemed to be                       establish the effective dates of such lists.          otherwise accorded a project in a 2017
                                                  submitted on the date it is filed if the                The Secretary of the Treasury, through                DDA, because the project was placed in
                                                  application is determined to be                         the IRS thereof, has sole legal authority             service BEFORE January 1, 2017.
                                                  complete by the credit-allocating or                    to interpret, and to determine and                       (Case D) Project D is located in an
                                                  bond-issuing agency. A ‘‘complete                       enforce compliance with the IRC and                   area that is a DDA in 2017, but is NOT
                                                  application’’ means that no more than                   associated regulations, including                     a DDA in 2018 or 2019. A complete


                                             VerDate Sep<11>2014   14:22 Oct 14, 2016   Jkt 241001   PO 00000   Frm 00053   Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM   17OCN1


                                                  71528                        Federal Register / Vol. 81, No. 200 / Monday, October 17, 2016 / Notices

                                                  application for tax-exempt bond                         therefore, NOT eligible for the increase              DEPARTMENT OF THE INTERIOR
                                                  financing for Project D is filed with the               in basis accorded a project in a 2017
                                                  bond-issuing agency on October 30,                      DDA, since it does not meet all of the                Office of the Secretary
                                                  2017. Bonds are issued for Project D on                 conditions for a multiphase project, as               [16XD4523WK DWK000000.000000
                                                  April 30, 2019, but Project D is not                    defined in this notice. The original                  DS10100000]
                                                  placed in service until January 30, 2020.               application for credits for the first phase
                                                  Project D is eligible for the increase in               did not describe the multiphase                       Proposed New Information Collection:
                                                  basis available to projects located in                  composition of the project. Also, the                 OMB Control Number 1094–ONEW,
                                                  2017 DDAs because: (1) One of the two                   application for credits for the second                Indian Water Rights Settlements:
                                                  events necessary for triggering the                                                                           Economic Analysis
                                                                                                          phase of Project F was not made in the
                                                  effective date for buildings described in
                                                                                                          year immediately following the first                  AGENCY:  Secretary’s Indian Water Rights
                                                  Section 42(h)(4)(B) of the IRC (the two
                                                  events being bonds issued and buildings                 phase application year.                               Office, Office of the Secretary,
                                                  placed in service) took place on April                  Findings and Certifications                           Department of the Interior.
                                                  30, 2019, within the 730-day period                                                                           ACTION: Notice and request for
                                                  after a complete application for tax-                   Environmental Impact                                  comments.
                                                  exempt bond financing was filed, (2) the
                                                                                                             This notice involves the                           SUMMARY:  In compliance with the
                                                  application was filed during a time
                                                                                                          establishment of fiscal requirements or               Paperwork Reduction Act of 1995, the
                                                  when the location of Project D was in a
                                                  DDA, and (3) both the issuance of the                   procedures that are related to rate and               Secretary’s Indian Water Rights Office,
                                                  bonds and placement in service of                       cost determinations and do not                        Department of the Interior announces
                                                  Project D occurred after the application                constitute a development decision                     the proposed creation of a new public
                                                  was submitted.                                          affecting the physical condition of                   information collection and seeks public
                                                     (Case E) Project E is a multiphase                   specific project areas or building sites.             comments on the provisions thereof.
                                                  project located in a 2017 DDA that is                   Accordingly, under 40 CFR 1508.4 of                   DATES: Consideration will be given to all
                                                  NOT a designated DDA or QCT in 2018.                    the regulations of the Council on                     comments received by December 16,
                                                  The first phase of Project E received an                Environmental Quality and 24 CFR                      2016.
                                                  allocation of credits in 2017, pursuant to              50.19(c)(6) of HUD’s regulations, this                ADDRESSES:   Direct all written comments
                                                  an application filed March 15, 2017,                    notice is categorically excluded from                 to Rachel Brown, U.S. Department of the
                                                  which describes the multiphase                          environmental review under the                        Interior, 1849 C Street NW., MS 7069–
                                                  composition of the project. An                          National Environmental Policy Act of                  MIB, Washington, DC 20240, fax 202–
                                                  application for tax credits for the second              1969 (42 U.S.C. 4321).                                208–6970, or by electronic mail to
                                                  phase of Project E is filed with the                                                                          Rebrown@usbr.gov. Please mention that
                                                  allocating agency by the same entity on                 Federalism Impact                                     your comments concern the Indian
                                                  March 15, 2018. The second phase of                                                                           Water Rights Settlements: Economic
                                                  Project E is located on a contiguous site.                 Executive Order 13132 (entitled
                                                                                                          ‘‘Federalism’’) prohibits an agency from              Analysis, OMB Control Number 1093–
                                                  Credits are allocated to the second                                                                           0NEW.
                                                  phase of Project E on October 30, 2018.                 publishing any policy document that
                                                  The aggregate amount of credits                         has federalism implications if the                    FOR FURTHER INFORMATION CONTACT:    To
                                                  allocated to the two phases of Project E                document either imposes substantial                   request a copy of the information
                                                  exceeds the amount of credits that may                  direct compliance costs on state and                  collection request, any explanatory
                                                  be allocated to an applicant in one year                local governments and is not required                 information and related forms, see the
                                                  under the allocating agency’s QAP and                   by statute, or the document preempts                  contact information provided in the
                                                  is the reason that applications were                    state law, unless the agency meets the                ADDRESSES section above.
                                                  made in multiple phases. The second                     consultation and funding requirements                 SUPPLEMENTARY INFORMATION:
                                                  phase of Project E is, therefore, eligible              of section 6 of the executive order. This             I. Abstract
                                                  for the increase in basis accorded a                    notice merely designates DDAs and
                                                  project in a 2017 DDA, because it meets                 QCTs as required under IRC Section 42,                   This notice is for a new information
                                                  all of the conditions to be a part of a                 as amended, for the use by political                  collection.
                                                  multiphase project.                                                                                              The Office of Management and Budget
                                                                                                          subdivisions of the states in allocating
                                                     (Case F) Project F is a multiphase                                                                         (OMB) regulations at 5 CFR part 1320,
                                                                                                          the LIHTC. This notice also details the               which implement the Paperwork
                                                  project located in a 2017 DDA that is
                                                                                                          technical methods used in making such                 Reduction Act of 1995, 44 U.S.C. 3501
                                                  NOT a designated DDA in 2018 or 2019.
                                                                                                          designations. As a result, this notice is             et seq., require that interested members
                                                  The first phase of Project F received an
                                                  allocation of credits in 2017, pursuant to              not subject to review under the order.                of the public and affected agencies have
                                                  an application filed March 15, 2017,                      Dated: October 5, 2016.                             an opportunity to comment on
                                                  which does not describe the multiphase                  Katherine M. O’Regan,                                 information collection and
                                                  composition of the project. An                          Assistant Secretary for Policy Development
                                                                                                                                                                recordkeeping activities (see 5 CFR
                                                  application for tax credits for the second              and Research.                                         1320.8(d)).
                                                  phase of Project F is filed with the                                                                             The Secretary’s Indian Water Rights
                                                                                                          [FR Doc. 2016–25056 Filed 10–14–16; 8:45 am]
                                                  allocating agency by the same entity on                                                                       Office (SIWRO) is tasked with
                                                                                                          BILLING CODE 4210–67–P
                                                  March 15, 2019. Credits are allocated to                                                                      overseeing and coordinating the Federal
jstallworth on DSK7TPTVN1PROD with NOTICES




                                                  the second phase of Project F on                                                                              Government’s Indian water rights
                                                  October 30, 2019. The aggregate amount                                                                        settlement program and is undertaking a
                                                  of credits allocated to the two phases of                                                                     study on the economic outcomes
                                                  Project F exceeds the amount of credits                                                                       associated with Indian water rights
                                                  that may be allocated to an applicant in                                                                      settlements (IWRS). The purpose of the
                                                  one year under the allocating agency’s                                                                        study is to identify and track social and
                                                  QAP. The second phase of Project F is,                                                                        economic changes that occur as a result


                                             VerDate Sep<11>2014   14:22 Oct 14, 2016   Jkt 241001   PO 00000   Frm 00054   Fmt 4703   Sfmt 4703   E:\FR\FM\17OCN1.SGM   17OCN1



Document Created: 2016-10-15 01:52:07
Document Modified: 2016-10-15 01:52:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
ContactFor questions on how areas are designated and on geographic definitions, contact Michael K. Hollar, Senior Economist, Economic Development and Public Finance Division, Office of Policy Development and Research, Department of Housing and Urban Development, 451 Seventh Street SW., Room 8234, Washington, DC 20410-6000; telephone number 202-402-5878, or send an email to [email protected] For specific legal questions pertaining to Section 42, contact Branch 5, Office of the Associate Chief Counsel, Passthroughs and Special Industries, Internal Revenue Service, 1111 Constitution Avenue NW., Washington, DC 20224; telephone number 202- 317-4137, fax number 202-317-6731. For questions about the ``HUB Zone'' program, contact Mariana Pardo, Director, HUBZone Program, Office of Government Contracting and Business Development, U.S. Small Business Administration, 409 Third Street SW., Suite 8800, Washington, DC 20416; telephone number 202-205-2985, fax number 202-481-6443, or send an email to [email protected] (These are not toll-free telephone numbers.) A text telephone is available for persons with hearing or speech impairments at 800-877-8339. Additional copies of this notice are available through HUD User at 800-245-2691 for a small fee to cover duplication and mailing costs.
FR Citation81 FR 71523 

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR