81_FR_89729 81 FR 89491 - Relief From HUD Requirements Available to Public Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Severe Storms and Flooding in Louisiana

81 FR 89491 - Relief From HUD Requirements Available to Public Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Severe Storms and Flooding in Louisiana

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 81, Issue 238 (December 12, 2016)

Page Range89491-89496
FR Document2016-29642

This notice advises the public that HUD has established an expedited process for the review of requests for relief from HUD regulatory and/or administrative requirements (``HUD requirements'') for public housing agencies (PHAs) that are located in a parish of Louisiana that has been declared a federal disaster area due to severe storms and flooding. Specifically, these PHAs may request waivers of HUD requirements and receive expedited review of such requests.

Federal Register, Volume 81 Issue 238 (Monday, December 12, 2016)
[Federal Register Volume 81, Number 238 (Monday, December 12, 2016)]
[Notices]
[Pages 89491-89496]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-29642]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5987-N-01]


Relief From HUD Requirements Available to Public Housing Agencies 
To Assist With Recovery and Relief Efforts on Behalf of Families 
Affected by Severe Storms and Flooding in Louisiana

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Notice.

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SUMMARY: This notice advises the public that HUD has established an 
expedited process for the review of requests for relief from HUD 
regulatory and/or administrative requirements (``HUD requirements'') 
for public housing agencies (PHAs) that are located in a parish of 
Louisiana that has been declared a federal disaster area due to severe 
storms and flooding. Specifically, these PHAs may request waivers of 
HUD requirements and receive expedited review of such requests.

DATES: Effective Date: December 12, 2016.

FOR FURTHER INFORMATION CONTACT: Denise M. Cotten, Office of Field 
Operations, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 Seventh Street SW., Room 4112, Washington, 
DC 20410-5000, telephone number (202) 402-4313. Persons with hearing or 
speech impairments may access this number via TTY by calling the 
Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background Information

    From March 8 through April 8, 2016, more than 3 dozen parishes in 
Louisiana experienced severe storms and flooding. A Major Disaster 
Declaration covering these parishes \1\ was issued on March 13, 2016 
(MDD 4263). From August 11 through August 31, 2016, severe storms and 
flooding affected nearly 2 dozen parishes. A Major Disaster Declaration 
for these parishes \2\ was issued on August 14, 2016 (MDD 4277). Seven 
parishes were included in both the March and August Major Disaster 
Declarations.\3\ The notice covers Major Disaster Declarations (MDDs) 
4263 and 4277,\4\ issued on March 13, 2016, and August 14, 2016, 
respectively.
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    \1\ Allen, Ascension, Avoyelles, Beauregard, Bienville, Bossier, 
Caddo, Calcasieu, Caldwell, Catahoula, Claiborne, De Soto, East 
Carroll, Franklin, Grant, Jackson, Lafourche, La Salle, Lincoln, 
Livingston, Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red 
River, Richland, Sabine, St. Helena, St. Tammany, Tangipahoa, Union, 
Vernon, Washington, Webster, West Carroll, Winn.
    \2\ Acadia, Ascension, Avoyelles, East Baton Rouge, East 
Feliciana, Evangeline, Iberia, Iberville, Jefferson Davis, 
Lafayette, Livingston, Pointe Coupee, St. Helena, St. James, St. 
Landry, St. Martin, St. Tammany, Tangipahoa, Vermilion, Washington, 
West Baton Rouge, West Feliciana.
    \3\ Ascension, Avoyelles, Livingston, St. Helena, St. Tammany, 
Tangipahoa, Washington.
    \4\ Disaster Recovery numbers assigned by the Federal Emergency 
Management Agency. See https://www.fema.gov/disasters/grid/state-tribal-government/4.
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    In order to provide relief from certain HUD requirements governing 
programs administered by the Office of Public and Indian Housing (PIH) 
to PHAs that are located in areas covered by MDD(s) 4263 and/or 4277 
(MDD PHAs), HUD is publishing this notice. The notice describes a 
number of flexibilities that are available to such PHAs, lists HUD 
requirements that HUD is willing to waive upon request from a PHA, and 
provides for the expedited review of waiver requests. HUD is publishing 
this notice to assist MDD PHAs in responding to these major disaster 
declarations and in contributing to long-term recovery.
    The notice is organized as follows:
     Section II opens with a description of flexibilities that 
are available to MDD PHAs, where such flexibilities are built into 
statute and/or regulation. MDD PHAs may avail themselves of these 
flexibilities, following the process described in Section IV of the 
notice.
     Section III describes certain HUD requirements that, if 
waived, may facilitate an MDD PHA's ability to participate in relief 
and recovery efforts. An MDD PHA may request a waiver of a HUD 
requirement not listed in Section III and receive expedited review of 
the request if the MDD PHA demonstrates that the waiver is needed in 
order to assist in its relief and recovery efforts.

[[Page 89492]]

An MDD PHA may not adopt any requested waiver prior to receiving HUD 
approval.
     Section IV describes the process HUD has established for 
MDD PHAs to provide notice to and/or request approval from HUD 
regarding statutory or regulatory flexibilities and/or to request 
waivers of HUD requirements. Waiver requests will be handled on an 
expedited, case-by-case basis. Consistent with section 7(q) of the 
Department of Housing and Urban Development Act (42 U.S.C. 3535(q)), a 
regulated party that seeks a waiver of HUD regulations must request a 
waiver from HUD in writing. The waiver request must specify the need 
for the waiver. Typically, the request is submitted to the HUD field 
office, which reviews the request and submits its recommendation to HUD 
headquarters. HUD headquarters then responds to the regulated party in 
writing. Since the damage to property and the displacement of families 
and individuals in the disaster areas is massive, and the need for 
relief from HUD requirements may be necessary, HUD will expedite the 
processing of waiver requests from MDD PHAs, providing for concurrent 
review by the HUD field office and HUD headquarters.
    Waiver requests approved by HUD pursuant to this notice will be 
published in the Federal Register and will identify the MDD PHAs 
receiving such approvals.

II. Flexibilities That Are Available to MDD PHAs

    HUD is exercising discretionary authority to provide relief from 
the requirements described in this section. Upon notification to HUD or 
upon HUD approval, as noted below, relief is granted to MDD PHAs. 
Relief from the requirements must benefit families affected by the 
disasters, for example by enabling MDD PHA staff to focus on relief and 
recovery efforts. Section IV of this notice describes the process an 
MDD PHA must follow to provide notification to and/or to request 
approval from HUD. Such notification and/or request must be made by 
January 26, 2017.
    A. 24 CFR 905.306 (Extension of deadline for obligation and 
expenditure of Capital Funds). Section 9(j)(1) of the Act requires PHAs 
to obligate capital funds not later than 24 months after the date on 
which the funds became available, or the date on which the PHA 
accumulates adequate funds to undertake modernization, substantial 
rehabilitation, or new construction of units, plus the period of any 
extension approved under section 9(j)(2) of the Act. Section 9(j)(5)(A) 
of the Act requires a PHA to expend capital funds not later than 4 
years after the date on which the funds become available for 
obligation, plus the period of any extension approved under section 
9(j)(2). Section 9(j)(2) of the Act authorizes the Secretary to extend 
the time period for the obligation of capital funds for such period as 
the Secretary determines necessary if the Secretary determines that the 
failure of the agency to obligate assistance in a timely manner is 
attributable to an event beyond the control of the PHA. The severe 
storms and flooding in Louisiana were beyond the control of MDD PHAs 
and caused such massive and widespread destruction and displacement 
that HUD is willing to extend the obligation deadline under section 
9(j)(1) of the 1937 Act pursuant to section 9(j)(2)(A)(v) of the Act 
for an additional 12 months, upon the request of an MDD PHA. The 
extension of the section 9(j) obligation and extension deadlines made 
in this notice also applies to the implementing regulation at 24 CFR 
905.306.
    B. 24 CFR 984.105(d) (Family Self-Sufficiency minimum program 
size). 24 CFR 984.105(d) defines the circumstances under which a PHA 
may, upon HUD approval, operate a program that is smaller than the 
required program size. HUD has determined that an MDD PHA's ability to 
operate a program that meets the minimum program size requirements may 
be infeasible due to circumstances related to MDD(s) 4263 and/or 4277. 
Upon the submission to HUD of a certification (as defined in 24 CFR 
984.103), an MDD PHA will be exempt from the minimum program size 
requirement for a period of 24 months from the effective date of this 
notice.
    C. 24 CFR 990.145(b) (Public housing dwelling units with approved 
vacancies). Section 990.145 lists the categories of vacant public 
housing units that are eligible to receive operating subsidy and are 
therefore considered to be ``approved vacancies.'' Under Section 
990.145(b), a PHA shall receive operating subsidy for units that are 
vacant due to a declared disaster, subject to prior HUD approval, on a 
project-by-project basis. If an MDD PHA has a unit that has been 
vacated due to severe storms and flooding, then the MDD PHA, with HUD 
approval, may treat the unit as an ``approved vacancy.'' Upon the 
request of an MDD PHA and HUD approval, on a case-by-case basis, such 
units may be considered approved vacancies for a period not to exceed 
12 months from the date of HUD approval.

III. HUD Requirements That May be Waived

    For an MDD PHA, HUD will review requests for waivers of HUD 
requirements on an expedited basis. This section lists requirements for 
which HUD anticipates receiving such requests. An MDD PHA may also 
request a waiver of a HUD requirement not listed in this section and 
receive expedited review of the request if the MDD PHA documents that 
the waiver is needed for relief and recovery purposes.
    HUD expects that any waiver granted pursuant to this notice will 
benefit families affected by the disasters, for example by enabling MDD 
PHA staff to focus on relief and recovery efforts.
    An MDD PHA seeking a waiver of a HUD requirement listed below or of 
any other HUD requirement needed to assist the MDD PHA in its relief 
and recover efforts must submit a waiver request pursuant to the 
process outlined in Section IV of this notice. HUD will not approve an 
MDD PHA's or other recipient's request to waive a fair housing, civil 
rights, labor standards, or environmental requirement. The request must 
be submitted to HUD not later than January 26, 2017.
    A. 24 CFR 5.512(d) (Verification of eligible immigration status; 
Secondary verification). Section 5.512 describes the process by which 
verification of eligible immigration status must be undertaken for 
families seeking assistance under certain HUD programs. In 
circumstances under which secondary verification must be requested, 
Section 5.512(d) provides a PHA with 10 calendar days from the date of 
receipt of the results of the primary verification to request secondary 
verification from Immigration and Customs Enforcement (ICE). To 
initiate secondary verification, 24 CFR 5.512(d)(2) requires that the 
PHA provide ICE with ``photocopies of the original [ICE] documents 
required for the immigration status declared (front and back), attached 
to the [ICE] document verification request form G-845S (Document 
Verification Request), or such other form specified by the [ICE].'' HUD 
is willing to consider a request from an MDD PHA to extend the 
timeframe for secondary verification requests to ICE to 90 calendar 
days, for any primary verification result received after the effective 
date of this notice where a secondary request is required, for a period 
not to exceed 12 months from the date of HUD approval.
    B. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform financial reporting 
standards; Filing of financial reports; Reporting compliance dates). 
Section 5.801 establishes uniform financial reporting

[[Page 89493]]

standards (UFRS) for PHAs (and other entities). Section 5.801(c) 
requires that PHAs submit financial information in accordance with 24 
CFR 5.801(b) annually, not later than 60 days after the end of the 
fiscal year of the reporting period. Section 5.801(d)(1) requires that 
PHAs submit their unaudited financial statements not later than 60 
calendar days after the end of their fiscal year and that PHAs submit 
their audited financial statements not later than 9 months after the 
end of their fiscal year. HUD is willing to consider requests to extend 
these reporting deadlines. Specifically, for MDD PHAs with fiscal years 
ending September 30, 2016, December 31, 2016, and March 31, 2017, the 
deadline for submission of financial information in accordance with 24 
CFR 5.801(b) and unaudited financial statements may be extended to 180 
calendar days, and the deadline for submission of audited financial 
statements may be extended to 13 months.
    C. 24 CFR 902 (Public Housing Assessment System). Part 902 sets out 
the indicators by which HUD measures the performance of a PHA. The 
indicators measure a PHA's physical condition, financial condition, 
management operations, capital fund obligation, and occupancy. For an 
MDD PHA that has a fiscal year end of June 30, 2016, September 30, 
2016, December 31, 2016, or March 31, 2017, HUD is willing to consider 
a request to waive the inspection and scoring of public housing 
projects, as required under 24 CFR 902.
    D. 24 CFR 905.322(b) (Fiscal closeout). Section 905.322(b) 
establishes deadlines for the submission of an Actual Development Cost 
Certificate (ADCC) and an Actual Modernization Cost Certificate (AMCC). 
Specifically, the ADCC must be submitted 12 months from the date of 
completion/termination of a modernization activity, and the AMCC must 
be submitted not later than 12 months from the activity's expenditure 
deadline. Upon request from an MDD PHA, HUD is willing to extend these 
deadlines by 12 months.
    E. 24 CFR 905.314(b)-(c) (Cost and other limitations; Maximum 
project cost; TDC limit). Section 905.314(b)-(c) establishes the 
calculation of maximum project cost and the calculation of total 
development cost. In order to facilitate the use of Capital Funds for 
repairs and construction for needed housing in the disaster areas, HUD 
is willing to waive the total development cost (TDC) and housing cost 
cap limits for all work funded by the Capital Grant (Capital Grant 
Funds with undisbursed balances and HOPE VI funds) until issuance of 
2017 TDC levels. MDD PHAs that request to waive this provision and 
receive approval to do so must strive to keep housing costs reasonable 
given local market conditions, based upon the provisions outlined in 2 
CFR part 200.
    F. 24 CFR 905.314(j) (Cost and other limitations; Types of labor). 
This section establishes that non-high performer PHAs may use force 
account labor for modernization activities only when the use of force 
account labor for such activities has been included in a Board-approved 
Capital Fund Program 5-Year Action Plan. HUD is willing to waive this 
requirement to allow for the use of force account labor for 
modernization activities even if this activity has not been included in 
the non-high performer MDD PHA's 5-Year Action Plan. This waiver will 
be in effect for a period not to exceed 12 months from the date of HUD 
approval.
    G. 24 CFR 905.400(i)(5) (Capital Fund Formula; Limitation of 
Replacement Housing Funds to New Development). Section 905.400 
describes the Capital Fund formula. Section 905.400(i)(5) limits the 
use of replacement housing funds to the development of new public 
housing. To help address housing needs as a result of the displacement 
caused by the severe storms and flooding, HUD is willing to waive 
905.400(i)(5) to allow all Capital Fund Replacement Housing Factor 
Grants with undisbursed balances to be used for public housing 
modernization. This waiver will be in effect for funds obligated within 
12 months from the date of HUD approval.
    H. 24 CFR 960.202(c) (Tenant selection policies) and 982.54(a) 
(Administrative plan). Section 960.202(c) provides that public housing 
tenant selection policies must be duly adopted and implemented. Section 
982.54(d) provides that a PHA's Section 8 administrative plan must be 
formally adopted by the PHA Board of Commissioners or other authorized 
PHA officials. For temporary revisions to an MDD PHA's public housing 
tenant selection policies or Section 8 administrative plan that an MDD 
PHA wishes to put into place to address circumstances unique to relief 
and recovery efforts, HUD is willing to consider requests to waive the 
requirements for formal approval. Any waiver request must include 
documentation that an MDD PHA's Board of Commissioners or an authorized 
MDD PHA official supports the waiver request and must identify the 
temporary revisions, which shall be effective for a period not to 
exceed 12 months from the date of HUD's approval. Additionally, any 
waiver request is limited to revisions that do not constitute a 
significant amendment or modification to the MDD PHA plan; pursuant to 
Section 5(A)(g) of the 1937 Act, HUD cannot waive the approval by the 
board or other authorized PHA officials if the proposed revision would 
constitute a significant amendment or modification to the PHA plan. 
Finally, HUD cannot waive any terms within a PHA's own plan or state 
law requiring the approval of the board or authorized PHA officials.
    I. 24 CFR 965.302 (Requirements for energy audits). This section 
establishes the requirement that all PHAs complete an energy audit for 
each PHA-owned project under management, not less than once every 5 
years. HUD is willing to consider a request for an additional 12 months 
after December 31, 2016, to complete such an audit.
    J. 24 CFR 982.206(a)(2) (Waiting List; Opening and closing; Public 
notice). This section describes where a PHA must provide public notice 
when it opens its waiting list for tenant-based assistance. HUD is 
willing to consider a request from an MDD PHA that wishes, in lieu of 
the requirement to provide notice in a local newspaper of general 
circulation, to provide public notice via its Web site, at any of its 
offices, and/or in a voice-mail message, for any opening of the waiting 
list for tenant-based assistance that occurs within a period not to 
exceed 12 months from the date of HUD approval. MDD PHAs that request a 
waiver of this requirement and receive HUD approval must consider the 
fair housing implications of the means by which they choose to provide 
public notice. For example, an MDD PHA that chooses to provide public 
notice at its offices must consider the impact on persons with 
disabilities, who may have difficulty visiting the office in-person. 
Similarly, an MDD PHA that chooses to provide public notice via voice-
mail message must consider how it will reach persons with hearing 
impairments and persons with limited English proficiency. HUD maintains 
the requirement that an MDD PHA must also provide the public notice in 
minority media. Any notice must comply with HUD fair housing 
requirements.
    K. 24 CFR 982.503(c) (HUD approval of exception payment standard 
amount). 24 CFR 982.503(c) authorizes HUD to approve an exception 
payment standard amount that is higher than 110 percent of the 
published fair market rent (FMR). Typically, a PHA must provide data 
about the local market to substantiate the need for an exception 
payment standard. In a natural disaster situation, however, the typical 
data sources fail to capture conditions on the

[[Page 89494]]

ground. In these cases, HUD takes into account the most recently 
available data on the rental market, prior to the disaster, then 
estimates the number of households seeking housing units in the wake of 
the disaster to arrive at an emergency exception payment standard 
amount. For Louisiana, American Community Survey data at the parish 
level show that, within the state of Louisiana, only 52,209 vacant-for-
rent units were available as of 2014. As part of its response to the 
severe storms and flooding that occurred in 2016, the Federal Emergency 
Management Agency had issued 63,307 rental vouchers as of late 
September 2016, pushing the effective rental vacancy rate in Louisiana 
to zero. HUD has decided, based on this data, that exception payment 
standard amounts up to 150 percent of the FMR are justified and that an 
MDD PHA may therefore request a waiver to establish an exception 
payment standard up to 150 percent of the FMR without providing 
supporting data. Upon approval by HUD, an exception payment standard 
adopted pursuant to this notice may be adopted for any Housing 
Assistance Payment (HAP) contract entered into as of the effective date 
of this notice. HUD intends for these exception payment standards to 
remain in effect until such time as HUD implements changes to the FMRs 
in the affected areas. MDD PHAs are reminded that increased per-family 
costs resulting from the use of exception payment standards may result 
in a reduction in the number of families assisted or may require other 
cost-saving measures in order for an MDD PHA to stay within its funding 
limitations.
    L. 24 CFR 982.401(d) (Housing quality standards; Space and 
security). This section establishes a standard for adequate space for 
an HCV-assisted family. Specifically, it requires that each dwelling 
unit have at least 1 bedroom or living/sleeping room for each 2 
persons. HUD is willing to consider a request from an MDD PHA that 
wishes to waive this requirement in order to house families displaced 
due to the severe storms and flooding. The waiver will be in effect 
only for HAPs entered into during the 12-month period following the 
date of HUD approval, and then only with the written consent of the 
family. For any family occupying a unit pursuant to this waiver, the 
waiver will be in effect for the initial lease term.
    M. 24 CFR 982.633(a) (Occupancy of home). This section establishes 
the requirement that PHAs may make HAP for homeownership assistance 
only while a family resides in their home and must stop HAP no later 
than the month after a family moves out. HUD is willing to consider a 
request from an MDD PHA wishing to waive this requirement to allow 
families displaced from their homes located in areas affected by MDD(s) 
4263 and/or 4277 to comply with mortgage terms or make necessary 
repairs. A PHA requesting a waiver of this type must show good cause by 
demonstrating that the family is not already receiving assistance from 
another source. Note: An MDD PHA that wishes in addition to request a 
waiver of the requirement at 982.312 that a family be terminated from 
the program if they have been absent from their home for 180 
consecutive calendar days must do so separately.
    N. 24 CFR 984.303(d) (Contract of participation; contract 
extension). Part 984 establishes the requirements for the Section 8 and 
Public Housing Family Self-Sufficiency (FSS) Program. Section 
984.303(d) authorizes a PHA to extend a family's contract of 
participation for a period not to exceed 2 years, upon a finding of 
good cause, for any family that requests such an extension in writing. 
HUD is willing to consider a request from an MDD PHA that wishes to 
extend family contracts for up to 3 years, if such extensions are 
merited based on circumstances deriving from MDD(s) 4263 and/or 4277. 
Any waiver granted pursuant to this request will be in effect for 
requests made to the MDD PHA during a period not to exceed 12 months 
from the date of HUD approval.
    O. 24 CFR part 985 (Section 8 Management Assessment Program 
(SEMAP)). Part 985 sets out the requirements by which section 8 tenant-
based assistance programs are assessed. For an MDD PHA that has a 
fiscal year end of September 30, 2016, December 31, 2016, or March 31, 
2017, HUD is willing to consider a request to carry forward the SEMAP 
score from the previous year.
    P. Notice PIH 2012-10, Section 8(c) (Verification of the Social 
Security Number (SSN)). PHAs are required to transmit form HUD-50058 
not later than 30 calendar days following receipt of an applicant's or 
participant's SSN documentation. HUD is willing to consider a request 
to extend this requirement to 90 calendar days, for a period not to 
exceed 12 months from the date of HUD approval.

IV. Notification and Expedited Waiver Process--Instructions

    HUD has developed a checklist (Attachment A to this notice) that an 
MDD PHA must complete and submit in order to take advantage of the 
provisions identified in this notice and the expedited review of waiver 
requests. Each provision on the checklist indicates the documentation 
that must accompany the MDD PHA's submission. Each request for a waiver 
(Section 3 of the checklist) must include a good-cause justification 
stating why the particular waiver is needed for the PHA's relief and 
recovery efforts.
    To complete the checklist, take the following steps:
    1. Download the checklist to your computer, saving the document 
with the following filename: FR-5987-N-01.Your Agency's HA Code (e.g., 
FR-5987-N-01.MI001).
    2. Complete the section titled Information about Requesting Agency. 
This section must be complete. An official of the MDD PHA must sign 
where indicated. If the information about the requesting agency is 
incomplete or the checklist has not been signed, then the checklist 
will be returned without review.
    3. Complete Sections 1, 2, and/or 3 of the checklist, as 
applicable, noting the documentation (if any) that accompanies each 
provision.
    4. Address an email to both [email protected] and 
your Field Office Public Housing Director. In the subject line, type 
``Louisiana Disaster Relief.''
    5. Attach the completed checklist to your email.
    6. Click ``Send.''
    Checklists and any supporting documentation or information must be 
submitted not later than January 26, 2017. Requests submitted after 
January 26, 2017 will not be considered, nor will HUD consider any 
waiver requests submitted to this email address that are unrelated to 
relief and recovery efforts.

IX. Finding of No Significant Impact

    A Finding of No Significant Impact (FONSI) with respect to the 
environment has been made in accordance with HUD regulations at 24 CFR 
part 50, which implement section 102(2)(C) of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4332(2)(C)). The FONSI is 
available for public inspection between 8 a.m. and 5 p.m. weekdays in 
the Regulations Division, Office of General Counsel, Department of 
Housing and Urban Development, 451 7th Street SW., Room 10276, 
Washington, DC 20410-0500. Due to security measures at the HUD 
Headquarters building, an advance appointment to review the docket file 
must be scheduled by Calling the Regulations Division at 202-708-3055 
(this is not a toll-free number). Hearing-or speech-impaired 
individuals may access this number through TTY by calling the Federal 
Relay Service at 800-877-8339 (this is a toll-free number).


[[Page 89495]]


    Dated: November 22, 2016.
Lourdes Castro Ramirez,
Principal Deputy Assistant, Secretary for Public and Indian Housing.

ATTACHMENT A

Relief from HUD Requirements Available to Public Housing Agencies to 
Assist with Recovery and Relief Efforts on Behalf of Families Affected 
by Severe Storms and Flooding in Louisiana

Federal Register Notice (FR-5987-N-01)

Information about Requesting Agency

NAME OF PHA:
PHA CODE:
Address:
City or Locality:
Parish:
Date of Submission: [may not be after January 26, 2017].

Signature of PHA Official:---------------------------------------------

Name/Title of PHA Official:
Phone number of PHA Official:

Section 1. Insert an ``X'' next to the applicable category (A, B, or 
C).

_Category A: My agency is located in one of the parishes that 
received a Major Disaster Declaration on March 13, 2016 [MDD 4263]. 
Allen, Ascension, Avoyelles, Beauregard, Bienville, Bossier, Caddo, 
Calcasieu, Caldwell, Catahoula, Claiborne, De Soto, East Carroll, 
Franklin, Grant, Jackson, Lafourche, La Salle, Lincoln, Livingston, 
Madison, Morehouse, Natchitoches, Ouachita, Rapides, Red River, 
Richland, Sabine, St. Helena, St. Tammany, Tangipahoa, Union, 
Vernon, Washington, Webster, West Carroll, Winn

_Category B: My agency is located in one of the parishes that 
received a Major Disaster Declaration on August 14, 2016 [MDD 4277]. 
Acadia, Ascension, Avoyelles, East Baton Rouge, East Feliciana, 
Evangeline, Iberia, Iberville, Jefferson Davis, Lafayette, 
Livingston, Pointe Coupee, St. Helena, St. James, St. Landry, St. 
Martin, St. Tammany, Tangipahoa, Vermilion, Washington, West Baton 
Rouge, West Feliciana

_Category C: My agency is located in a parish that was designated a 
major disaster area under both MDD 4263 and 4277. Ascension, 
Avoyelles, Livingston, St. Helena, St. Tammany, Tangipahoa, 
Washington

Section 2. Insert an ``X'' next to the applicable flexibilities.

An MDD PHA may adopt the flexibilities listed below.

_A. 42 U.S.C. 1437g(j)(1) and (j)(5)(A) (Extension of deadline for 
obligation and expenditure of Capital Funds.). (Office of Capital 
Improvements)

    My agency requests that HUD extend the deadline for the 
obligation and expenditure of Capital Funds for an additional 12 
months. We will maintain documentation substantiating the need for 
this extension.

_B. 24 CFR 984.105 (Family Self-Sufficiency minimum program size). 
(Housing Voucher Management and Operations; Public Housing 
Management and Occupancy)

    My agency submits the certification required by 24 CFR 984.103 
and will operate an FSS program that is smaller than the required 
program size for up to 24 months from December 12, 2016

_C. 24 CFR 990.145(b) (Public housing dwelling units with approved 
vacancies). (REAC--Public Housing Financial Management Division)

    My agency requests HUD approval to treat certain public housing 
units in our inventory as approved vacancies. I have attached a 
project-by-project listing of the units for which this approval is 
requested. I understand that any units that remain vacant shall be 
considered approved vacancies only for a period not to exceed 12 
months from the date of HUD approval.

Section 3. Insert an ``X'' next to the applicable waiver requests.

    An MDD PHA may request a waiver of a HUD requirement listed 
below or of any other HUD requirement and receive expedited review 
of the request, as long as the MDD PHA demonstrates that the waiver 
is needed for relief and recovery purposes. Each request must 
include a good-cause justification for the particular waiver, 
documenting why the waiver is needed for such purposes. No requested 
waiver may be implemented unless and until written approval from HUD 
has been obtained.

_A. 24 CFR 5.512(d) (Verification of eligible immigration status; 
Secondary verification). (Housing Voucher Management and Operations; 
Public Housing Management and Occupancy)

    My agency requests a waiver of 24 CFR 5.512(d) to extend the 
timeframe for secondary verification requests to Immigration and 
Customs Enforcement from 30 to 90 days. I understand that, if 
approved, this waiver will be in effect for a period not to exceed 
12 months from the date of HUD approval.

_B. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform financial reporting 
standards; Filing of financial reports; Reporting compliance dates). 
(REAC)

    My agency requests a waiver of 24 CFR 5.801(c) to extend the 
deadline for reporting of financial information by 180 days and of 
24 CFR 5.801(d)(1) to extend the reporting deadlines for unaudited 
financial statements by 180 days and audited financial statements by 
4 months. My PHA has a fiscal year end of 9/30/16, 12/31/16, or 3/
31/17.

_C. 24 CFR 902 (Public Housing Assessment System). (REAC)

    My agency requests a waiver of the inspection and scoring of 
public housing projects, as required under 24 CFR 902. My agency has 
a fiscal year end of 6/30/16, 9/30/16, 12/13/16, or 3/31/17.

_D. 24 CFR 905.322(b) (Fiscal closeout) (Office of Capital 
Improvements)

    My agency requests a waiver of 24 CFR 905.322(b) to extend the 
deadline for submission of the Actual Development Cost Certificate 
and the Actual Modernization Cost Certificate by 12 months.

_E. 24 CFR 905.314(b)-(c) (Cost and other limitations; Maximum 
project cost; TDC limit). (Office of Capital Improvements)

    My agency requests a waiver of 24 CFR 905.314(b)-(c), which 
establish the calculation of maximum project cost and total 
development cost limits for the Capital Fund program. I understand 
that this waiver is in effect only until such time as 2017 TDC 
limits have been published.
_F. 24 CFR 905.314(j) (Cost and other limitations; Types of labor) 
(Office of Capital Improvements)

    My agency requests a waiver of 24 CFR 904.314(j) to allow for 
the use of force account labor for modernization activities even if 
this activity has not been included in our agency's 5-Year Action 
Plan. I understand that this waiver will be in effect for a period 
not to exceed 12 months from the date of HUD approval.

_G. 24 CFR 905.400(i)(5) (Capital Fund Formula; Limitation of 
Replacement Housing Funds to New Development) (Office of Capital 
Improvements)

    My agency requests a waiver of 24 CFR 905.400(i)(5) to allow for 
the use of Capital Fund Replacement Housing Factor grants with 
undisbursed balances for public housing modernization. I understand 
that this waiver will be in effect only for funds obligated within 
12 months from the date of HUD approval.

_H. 24 CFR 960.202(c) (Tenant selection policies) and 24 CFR 
982.54(a) (Administrative plan). (Housing Voucher Management and 
Operations; Public Housing Management and Occupancy)

    My agency requests a waiver of 24 CFR 960.202(c) and/or 24 CFR 
982.54(a) so that our public housing tenant selection policies and 
section 8 administrative plan may be revised on a temporary basis, 
without formal approval, to address circumstances unique to relief 
and recovery efforts. I have attached documentation that our Board 
of Commissioners or an authorized PHA official supports the waiver 
request. I have also attached documentation identifying the 
temporary revisions. The adoption of these revisions does not 
constitute a significant amendment to our PHA plan, nor does state 
law prevent us from adopting the revisions without formal approval. 
I understand that these revisions will be in effect for a period not 
to exceed 12 months from the date of HUD's approval.

_I. 24 CFR 965.302 (Requirements for energy audits). (Public Housing 
Management and Occupancy)

    My agency requests a waiver of 24 CFR 965.302 to provide us with 
an additional 12 months after December 31, 2016, to complete our 
audits.

_J. 24 CFR 982.206(a)(2) (Waiting List; Opening and closing; Public 
notice). (Housing Voucher Management and Operations)

    My agency requests a waiver of 24 CFR 982.206(a)(2) so that we 
can provide public notice of the opening of our waiting list via our 
Web site, at any of our offices, and/or in

[[Page 89496]]

a voice-mail message in lieu of providing notice in a local 
newspaper of general circulation. I understand that this waiver is 
in effect for a period not to exceed 12 months from the date of HUD 
approval.

_K. 24 CFR 982.503(c) (HUD approval of exception payment standard 
amount). (Housing Voucher Management and Operations)

    My agency requests to establish an exception payment standard 
amount that is higher than 110 percent of the published fair market 
rent (FMR). I have attached our proposed emergency exception payment 
standard schedule, which shows both the dollar amounts requested and 
those amounts as a percentage of the FMRs in effect at the time of 
the request. I understand that any approved exception payment 
standard will remain in effect until such time as HUD revises the 
FMRs for the area. I also understand that increased per-family costs 
resulting from the use of such exception payment standard may result 
in a reduction in the number of families assisted or may require my 
agency to adopt other cost-saving measures.

_L. 24 CFR 982.401(d) (Housing quality standards; Space and 
security). (Housing Voucher Management and Operations)

    My agency requests a waiver of 24 CFR 982.401(d) so that we may 
allow families to occupy units that are smaller than our occupancy 
standards would otherwise dictate. I understand that this waiver is 
in effect only for HAPs entered into during the 12-month period 
following the date of HUD approval, and then only with the written 
consent of the family.

_M. 24 CFR 982.633(a) (Occupancy of home). (Housing Voucher 
Management and Operations)

    My agency requests a waiver of 24 CFR 982.633(a) so that we may 
continue HAP for homeownership for families displaced from their 
homes if needed to comply with mortgage terms or make necessary 
repairs. We have determined that the family is not receiving 
assistance from another source. I understand that such payments must 
cease if the family remains absent from their home for more than 180 
consecutive calendar days.

_N. 24 CFR 984.303(d) (Contract of participation; contract 
extension). (Public Housing Management and Occupancy; Housing 
Voucher Management and Operations)

    My agency requests a waiver of 24 CFR 984.303(d) so that a 
family's contract of participation may be extended for up to 3 
years. I understand that such extensions may be made only during the 
12-month period following the date of HUD approval.

_O. 24 CFR 985.101(a) (Section 8 Management Assessment Program 
(SEMAP)). (Housing Voucher Management and Operations)

    My agency requests a waiver of 24 CFR 985.101(a) so that our 
SEMAP score from the previous year may be carried over. My agency 
has a fiscal year end of 9/30/16, 12/31/16, or 3/31/17.

_P. Notice PIH 2012-10, Section 8(c) (Verification of the Social 
Security Number (SSN)) (REAC)

    My agency requests a waiver of section 8(c) of Notice PIH 2012-
10 to allow for the submission of Form HUD-50058 90 calendars days 
from receipt of an applicant's or participant's SSN documentation. I 
understand that this waiver will be in effect for a period not to 
exceed 12 months from the date of HUD approval.

_Q. Waivers not identified in FR-5987-N-01.

    My agency seeks waivers of the HUD requirements listed below. I 
have included documentation justifying the need for the waivers.


------------------------------------------------------------------------
          Regulation                          Description
------------------------------------------------------------------------
Example: 24 CFR 982.54.......  Example: A waiver of this regulation will
                                facilitate our agency's capacity to
                                participate in relief and recovery
                                efforts by. . .
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------
 
------------------------------------------------------------------------

[FR Doc. 2016-29642 Filed 12-9-16; 8:45 am]
 BILLING CODE 4210-67-P



                                                                             Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices                                                      89491

                                                  SUPPLEMENTARY INFORMATION:       This                      Estimated Total Annual Burden                      experienced severe storms and flooding.
                                                  information collection previously                       Hours: 269,579 hours.                                 A Major Disaster Declaration covering
                                                  published in the Federal Register on                       Estimated Cost: The estimated annual               these parishes 1 was issued on March
                                                  September 26, 2016 at 81 FR 66051 with                  cost to respondents for the hour burden               13, 2016 (MDD 4263). From August 11
                                                  a 60 day public comment period. No                      is $16,587,196. There are no annual                   through August 31, 2016, severe storms
                                                  comments were received. The purpose                     costs to respondents’ operations and                  and flooding affected nearly 2 dozen
                                                  of this notice is to notify the public that             maintenance costs for technical                       parishes. A Major Disaster Declaration
                                                  FEMA will submit the information                        services. There are no annual start-up or             for these parishes 2 was issued on
                                                  collection abstracted below to the Office               capital costs. The cost to the Federal                August 14, 2016 (MDD 4277). Seven
                                                  of Management and Budget for review                     Government is $2,022,270.                             parishes were included in both the
                                                  and clearance.                                            Dated: December 7, 2016.                            March and August Major Disaster
                                                  Collection of Information                               Richard W. Mattison,
                                                                                                                                                                Declarations.3 The notice covers Major
                                                                                                                                                                Disaster Declarations (MDDs) 4263 and
                                                     Title: FEMA Preparedness Grants:                     Records Management Program Chief, Mission
                                                                                                          Support, Federal Emergency Management
                                                                                                                                                                4277,4 issued on March 13, 2016, and
                                                  Homeland Security Grant Program                                                                               August 14, 2016, respectively.
                                                                                                          Agency, Department of Homeland Security.
                                                  (HSGP).                                                                                                          In order to provide relief from certain
                                                     Type of information collection:                      [FR Doc. 2016–29729 Filed 12–9–16; 8:45 am]
                                                                                                                                                                HUD requirements governing programs
                                                  Revision of a currently approved                        BILLING CODE 9111–46–P
                                                                                                                                                                administered by the Office of Public and
                                                  information collection.                                                                                       Indian Housing (PIH) to PHAs that are
                                                     OMB Number: 1660–0125.                                                                                     located in areas covered by MDD(s)
                                                     Form Titles and Numbers: FEMA                        DEPARTMENT OF HOUSING AND                             4263 and/or 4277 (MDD PHAs), HUD is
                                                  Form 089–1, HSGP Investment                             URBAN DEVELOPMENT                                     publishing this notice. The notice
                                                  Justification (SHSP and UASI); FEMA
                                                                                                          [Docket No. FR–5987–N–01]                             describes a number of flexibilities that
                                                  Form 089–16, OPSG Operations Order
                                                                                                                                                                are available to such PHAs, lists HUD
                                                  Report; FEMA Form 089–20, OPSG
                                                                                                          Relief From HUD Requirements                          requirements that HUD is willing to
                                                  Inventory of Operation Orders; FEMA
                                                                                                          Available to Public Housing Agencies                  waive upon request from a PHA, and
                                                  Form 089–0–27, Operation Stonegarden
                                                                                                          To Assist With Recovery and Relief                    provides for the expedited review of
                                                  Daily Activity Report (DAR).
                                                                                                          Efforts on Behalf of Families Affected                waiver requests. HUD is publishing this
                                                     Abstract: The HSGP is an important
                                                                                                          by Severe Storms and Flooding in                      notice to assist MDD PHAs in
                                                  tool among a comprehensive set of
                                                                                                          Louisiana                                             responding to these major disaster
                                                  measures to help strengthen the Nation
                                                  against risks associated with potential                                                                       declarations and in contributing to long-
                                                                                                          AGENCY:  Office of the Assistant                      term recovery.
                                                  terrorist attacks. DHS/FEMA uses the                    Secretary for Public and Indian
                                                  information to evaluate applicants’                                                                              The notice is organized as follows:
                                                                                                          Housing, HUD.                                            • Section II opens with a description
                                                  familiarity with the national                           ACTION: Notice.
                                                  preparedness architecture and identify                                                                        of flexibilities that are available to MDD
                                                  how elements of this architecture have                                                                        PHAs, where such flexibilities are built
                                                                                                          SUMMARY:   This notice advises the public
                                                  been incorporated into regional/State/                                                                        into statute and/or regulation. MDD
                                                                                                          that HUD has established an expedited
                                                  local planning, operations, and                                                                               PHAs may avail themselves of these
                                                                                                          process for the review of requests for
                                                  investments.                                                                                                  flexibilities, following the process
                                                                                                          relief from HUD regulatory and/or
                                                     The HSGP is a primary funding                                                                              described in Section IV of the notice.
                                                                                                          administrative requirements (‘‘HUD
                                                  mechanism for building and sustaining                                                                            • Section III describes certain HUD
                                                                                                          requirements’’) for public housing
                                                  national preparedness capabilities. The                                                                       requirements that, if waived, may
                                                                                                          agencies (PHAs) that are located in a
                                                  HSGP is comprised of three separate                                                                           facilitate an MDD PHA’s ability to
                                                                                                          parish of Louisiana that has been
                                                  grant programs: The SHSP, the UASI,                                                                           participate in relief and recovery efforts.
                                                                                                          declared a federal disaster area due to
                                                  and OPSG. Together, these grants fund                                                                         An MDD PHA may request a waiver of
                                                                                                          severe storms and flooding. Specifically,
                                                  a range of preparedness activities,                                                                           a HUD requirement not listed in Section
                                                                                                          these PHAs may request waivers of HUD
                                                  including planning, organization,                                                                             III and receive expedited review of the
                                                                                                          requirements and receive expedited
                                                  equipment purchase, training, exercises,                                                                      request if the MDD PHA demonstrates
                                                                                                          review of such requests.
                                                  and management and administration                                                                             that the waiver is needed in order to
                                                                                                          DATES: Effective Date: December 12,                   assist in its relief and recovery efforts.
                                                  costs. The OPSG will begin to utilize the               2016.
                                                  Office of Management and Budget’s                                                                                1 Allen, Ascension, Avoyelles, Beauregard,
                                                  web-based portal MAX.GOV, at https://                   FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                Bienville, Bossier, Caddo, Calcasieu, Caldwell,
                                                  www.MAX.GOV/, for operational                           Denise M. Cotten, Office of Field                     Catahoula, Claiborne, De Soto, East Carroll,
                                                  management of the grant program. The                    Operations, Office of Public and Indian               Franklin, Grant, Jackson, Lafourche, La Salle,
                                                  HSGP now requires applicants to submit                  Housing, Department of Housing and                    Lincoln, Livingston, Madison, Morehouse,
                                                                                                          Urban Development, 451 Seventh Street                 Natchitoches, Ouachita, Rapides, Red River,
                                                  the SAFECOM Compliance Letter,                                                                                Richland, Sabine, St. Helena, St. Tammany,
                                                  which has been added to this collection.                SW., Room 4112, Washington, DC                        Tangipahoa, Union, Vernon, Washington, Webster,
                                                  The compliance letter certifies that the                20410–5000, telephone number (202)                    West Carroll, Winn.
                                                  applicant will comply with SAFECOM                      402–4313. Persons with hearing or                        2 Acadia, Ascension, Avoyelles, East Baton

                                                  Guidance when implementing                              speech impairments may access this                    Rouge, East Feliciana, Evangeline, Iberia, Iberville,
                                                                                                          number via TTY by calling the Federal                 Jefferson Davis, Lafayette, Livingston, Pointe
mstockstill on DSK3G9T082PROD with NOTICES




                                                  interoperable communications projects.                                                                        Coupee, St. Helena, St. James, St. Landry, St.
                                                  The letter will be attached in the Non-                 Information Relay Service at (800) 877–               Martin, St. Tammany, Tangipahoa, Vermilion,
                                                  Disaster Grants Management System as                    8339.                                                 Washington, West Baton Rouge, West Feliciana.
                                                                                                                                                                   3 Ascension, Avoyelles, Livingston, St. Helena, St.
                                                  part of the HSGP application.                           SUPPLEMENTARY INFORMATION:
                                                                                                                                                                Tammany, Tangipahoa, Washington.
                                                     Affected Public: State, Local or Tribal
                                                                                                          I. Background Information                                4 Disaster Recovery numbers assigned by the
                                                  Government.                                                                                                   Federal Emergency Management Agency. See
                                                     Estimated Number of Respondents:                      From March 8 through April 8, 2016,                  https://www.fema.gov/disasters/grid/state-tribal-
                                                  664.                                                    more than 3 dozen parishes in Louisiana               government/4.



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                                                  89492                      Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices

                                                  An MDD PHA may not adopt any                            Act. Section 9(j)(5)(A) of the Act                    III. HUD Requirements That May be
                                                  requested waiver prior to receiving HUD                 requires a PHA to expend capital funds                Waived
                                                  approval.                                               not later than 4 years after the date on                 For an MDD PHA, HUD will review
                                                     • Section IV describes the process                   which the funds become available for                  requests for waivers of HUD
                                                  HUD has established for MDD PHAs to                     obligation, plus the period of any                    requirements on an expedited basis.
                                                  provide notice to and/or request                        extension approved under section                      This section lists requirements for
                                                  approval from HUD regarding statutory                   9(j)(2). Section 9(j)(2) of the Act                   which HUD anticipates receiving such
                                                  or regulatory flexibilities and/or to                   authorizes the Secretary to extend the                requests. An MDD PHA may also
                                                  request waivers of HUD requirements.                    time period for the obligation of capital             request a waiver of a HUD requirement
                                                  Waiver requests will be handled on an                   funds for such period as the Secretary                not listed in this section and receive
                                                  expedited, case-by-case basis.                          determines necessary if the Secretary                 expedited review of the request if the
                                                  Consistent with section 7(q) of the                     determines that the failure of the agency             MDD PHA documents that the waiver is
                                                  Department of Housing and Urban                         to obligate assistance in a timely manner             needed for relief and recovery purposes.
                                                  Development Act (42 U.S.C. 3535(q)), a                  is attributable to an event beyond the                   HUD expects that any waiver granted
                                                  regulated party that seeks a waiver of                  control of the PHA. The severe storms                 pursuant to this notice will benefit
                                                  HUD regulations must request a waiver                   and flooding in Louisiana were beyond                 families affected by the disasters, for
                                                  from HUD in writing. The waiver                         the control of MDD PHAs and caused                    example by enabling MDD PHA staff to
                                                  request must specify the need for the                   such massive and widespread
                                                  waiver. Typically, the request is                                                                             focus on relief and recovery efforts.
                                                                                                          destruction and displacement that HUD                    An MDD PHA seeking a waiver of a
                                                  submitted to the HUD field office,                      is willing to extend the obligation                   HUD requirement listed below or of any
                                                  which reviews the request and submits                   deadline under section 9(j)(1) of the                 other HUD requirement needed to assist
                                                  its recommendation to HUD                               1937 Act pursuant to section
                                                  headquarters. HUD headquarters then                                                                           the MDD PHA in its relief and recover
                                                                                                          9(j)(2)(A)(v) of the Act for an additional            efforts must submit a waiver request
                                                  responds to the regulated party in                      12 months, upon the request of an MDD
                                                  writing. Since the damage to property                                                                         pursuant to the process outlined in
                                                                                                          PHA. The extension of the section 9(j)                Section IV of this notice. HUD will not
                                                  and the displacement of families and                    obligation and extension deadlines
                                                  individuals in the disaster areas is                                                                          approve an MDD PHA’s or other
                                                                                                          made in this notice also applies to the               recipient’s request to waive a fair
                                                  massive, and the need for relief from                   implementing regulation at 24 CFR
                                                  HUD requirements may be necessary,                                                                            housing, civil rights, labor standards, or
                                                                                                          905.306.                                              environmental requirement. The request
                                                  HUD will expedite the processing of
                                                                                                             B. 24 CFR 984.105(d) (Family Self-                 must be submitted to HUD not later than
                                                  waiver requests from MDD PHAs,
                                                                                                          Sufficiency minimum program size). 24                 January 26, 2017.
                                                  providing for concurrent review by the
                                                                                                          CFR 984.105(d) defines the                               A. 24 CFR 5.512(d) (Verification of
                                                  HUD field office and HUD headquarters.
                                                     Waiver requests approved by HUD                      circumstances under which a PHA may,                  eligible immigration status; Secondary
                                                  pursuant to this notice will be                         upon HUD approval, operate a program                  verification). Section 5.512 describes the
                                                  published in the Federal Register and                   that is smaller than the required                     process by which verification of eligible
                                                  will identify the MDD PHAs receiving                    program size. HUD has determined that                 immigration status must be undertaken
                                                  such approvals.                                         an MDD PHA’s ability to operate a                     for families seeking assistance under
                                                                                                          program that meets the minimum                        certain HUD programs. In circumstances
                                                  II. Flexibilities That Are Available to                 program size requirements may be                      under which secondary verification
                                                  MDD PHAs                                                infeasible due to circumstances related               must be requested, Section 5.512(d)
                                                     HUD is exercising discretionary                      to MDD(s) 4263 and/or 4277. Upon the                  provides a PHA with 10 calendar days
                                                  authority to provide relief from the                    submission to HUD of a certification (as              from the date of receipt of the results of
                                                  requirements described in this section.                 defined in 24 CFR 984.103), an MDD                    the primary verification to request
                                                  Upon notification to HUD or upon HUD                    PHA will be exempt from the minimum                   secondary verification from Immigration
                                                  approval, as noted below, relief is                     program size requirement for a period of              and Customs Enforcement (ICE). To
                                                  granted to MDD PHAs. Relief from the                    24 months from the effective date of this             initiate secondary verification, 24 CFR
                                                  requirements must benefit families                      notice.                                               5.512(d)(2) requires that the PHA
                                                  affected by the disasters, for example by                  C. 24 CFR 990.145(b) (Public housing               provide ICE with ‘‘photocopies of the
                                                  enabling MDD PHA staff to focus on                      dwelling units with approved                          original [ICE] documents required for
                                                  relief and recovery efforts. Section IV of              vacancies). Section 990.145 lists the                 the immigration status declared (front
                                                  this notice describes the process an                    categories of vacant public housing                   and back), attached to the [ICE]
                                                  MDD PHA must follow to provide                          units that are eligible to receive                    document verification request form G–
                                                  notification to and/or to request                       operating subsidy and are therefore                   845S (Document Verification Request),
                                                  approval from HUD. Such notification                    considered to be ‘‘approved vacancies.’’              or such other form specified by the
                                                  and/or request must be made by January                  Under Section 990.145(b), a PHA shall                 [ICE].’’ HUD is willing to consider a
                                                  26, 2017.                                               receive operating subsidy for units that              request from an MDD PHA to extend the
                                                     A. 24 CFR 905.306 (Extension of                      are vacant due to a declared disaster,                timeframe for secondary verification
                                                  deadline for obligation and expenditure                 subject to prior HUD approval, on a                   requests to ICE to 90 calendar days, for
                                                  of Capital Funds). Section 9(j)(1) of the               project-by-project basis. If an MDD PHA               any primary verification result received
                                                  Act requires PHAs to obligate capital                   has a unit that has been vacated due to               after the effective date of this notice
                                                  funds not later than 24 months after the                severe storms and flooding, then the                  where a secondary request is required,
mstockstill on DSK3G9T082PROD with NOTICES




                                                  date on which the funds became                          MDD PHA, with HUD approval, may                       for a period not to exceed 12 months
                                                  available, or the date on which the PHA                 treat the unit as an ‘‘approved vacancy.’’            from the date of HUD approval.
                                                  accumulates adequate funds to                           Upon the request of an MDD PHA and                       B. 24 CFR 5.801(c) and 5.801(d)(1)
                                                  undertake modernization, substantial                    HUD approval, on a case-by-case basis,                (Uniform financial reporting standards;
                                                  rehabilitation, or new construction of                  such units may be considered approved                 Filing of financial reports; Reporting
                                                  units, plus the period of any extension                 vacancies for a period not to exceed 12               compliance dates). Section 5.801
                                                  approved under section 9(j)(2) of the                   months from the date of HUD approval.                 establishes uniform financial reporting


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                                                                             Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices                                           89493

                                                  standards (UFRS) for PHAs (and other                    2017 TDC levels. MDD PHAs that                        not constitute a significant amendment
                                                  entities). Section 5.801(c) requires that               request to waive this provision and                   or modification to the MDD PHA plan;
                                                  PHAs submit financial information in                    receive approval to do so must strive to              pursuant to Section 5(A)(g) of the 1937
                                                  accordance with 24 CFR 5.801(b)                         keep housing costs reasonable given                   Act, HUD cannot waive the approval by
                                                  annually, not later than 60 days after the              local market conditions, based upon the               the board or other authorized PHA
                                                  end of the fiscal year of the reporting                 provisions outlined in 2 CFR part 200.                officials if the proposed revision would
                                                  period. Section 5.801(d)(1) requires that                  F. 24 CFR 905.314(j) (Cost and other               constitute a significant amendment or
                                                  PHAs submit their unaudited financial                   limitations; Types of labor). This section            modification to the PHA plan. Finally,
                                                  statements not later than 60 calendar                   establishes that non–high performer                   HUD cannot waive any terms within a
                                                  days after the end of their fiscal year                 PHAs may use force account labor for                  PHA’s own plan or state law requiring
                                                  and that PHAs submit their audited                      modernization activities only when the                the approval of the board or authorized
                                                  financial statements not later than 9                   use of force account labor for such                   PHA officials.
                                                  months after the end of their fiscal year.              activities has been included in a Board-                 I. 24 CFR 965.302 (Requirements for
                                                  HUD is willing to consider requests to                  approved Capital Fund Program 5-Year                  energy audits). This section establishes
                                                  extend these reporting deadlines.                       Action Plan. HUD is willing to waive                  the requirement that all PHAs complete
                                                  Specifically, for MDD PHAs with fiscal                  this requirement to allow for the use of              an energy audit for each PHA-owned
                                                  years ending September 30, 2016,                        force account labor for modernization                 project under management, not less than
                                                  December 31, 2016, and March 31, 2017,                  activities even if this activity has not              once every 5 years. HUD is willing to
                                                  the deadline for submission of financial                been included in the non–high                         consider a request for an additional 12
                                                  information in accordance with 24 CFR                   performer MDD PHA’s 5-Year Action                     months after December 31, 2016, to
                                                  5.801(b) and unaudited financial                        Plan. This waiver will be in effect for a             complete such an audit.
                                                  statements may be extended to 180                       period not to exceed 12 months from the                  J. 24 CFR 982.206(a)(2) (Waiting List;
                                                  calendar days, and the deadline for                     date of HUD approval.                                 Opening and closing; Public notice).
                                                  submission of audited financial                            G. 24 CFR 905.400(i)(5) (Capital Fund              This section describes where a PHA
                                                  statements may be extended to 13                        Formula; Limitation of Replacement                    must provide public notice when it
                                                  months.                                                 Housing Funds to New Development).                    opens its waiting list for tenant-based
                                                     C. 24 CFR 902 (Public Housing                        Section 905.400 describes the Capital                 assistance. HUD is willing to consider a
                                                  Assessment System). Part 902 sets out                   Fund formula. Section 905.400(i)(5)                   request from an MDD PHA that wishes,
                                                  the indicators by which HUD measures                    limits the use of replacement housing                 in lieu of the requirement to provide
                                                  the performance of a PHA. The                           funds to the development of new public                notice in a local newspaper of general
                                                  indicators measure a PHA’s physical                     housing. To help address housing needs                circulation, to provide public notice via
                                                  condition, financial condition,                         as a result of the displacement caused                its Web site, at any of its offices, and/
                                                  management operations, capital fund                     by the severe storms and flooding, HUD                or in a voice-mail message, for any
                                                  obligation, and occupancy. For an MDD                   is willing to waive 905.400(i)(5) to allow            opening of the waiting list for tenant-
                                                  PHA that has a fiscal year end of June                  all Capital Fund Replacement Housing                  based assistance that occurs within a
                                                  30, 2016, September 30, 2016, December                  Factor Grants with undisbursed                        period not to exceed 12 months from the
                                                  31, 2016, or March 31, 2017, HUD is                     balances to be used for public housing                date of HUD approval. MDD PHAs that
                                                  willing to consider a request to waive                  modernization. This waiver will be in                 request a waiver of this requirement and
                                                  the inspection and scoring of public                    effect for funds obligated within 12                  receive HUD approval must consider the
                                                  housing projects, as required under 24                  months from the date of HUD approval.                 fair housing implications of the means
                                                  CFR 902.                                                   H. 24 CFR 960.202(c) (Tenant                       by which they choose to provide public
                                                     D. 24 CFR 905.322(b) (Fiscal                         selection policies) and 982.54(a)                     notice. For example, an MDD PHA that
                                                  closeout). Section 905.322(b) establishes               (Administrative plan). Section                        chooses to provide public notice at its
                                                  deadlines for the submission of an                      960.202(c) provides that public housing               offices must consider the impact on
                                                  Actual Development Cost Certificate                     tenant selection policies must be duly                persons with disabilities, who may have
                                                  (ADCC) and an Actual Modernization                      adopted and implemented. Section                      difficulty visiting the office in-person.
                                                  Cost Certificate (AMCC). Specifically,                  982.54(d) provides that a PHA’s Section               Similarly, an MDD PHA that chooses to
                                                  the ADCC must be submitted 12 months                    8 administrative plan must be formally                provide public notice via voice-mail
                                                  from the date of completion/termination                 adopted by the PHA Board of                           message must consider how it will reach
                                                  of a modernization activity, and the                    Commissioners or other authorized PHA                 persons with hearing impairments and
                                                  AMCC must be submitted not later than                   officials. For temporary revisions to an              persons with limited English
                                                  12 months from the activity’s                           MDD PHA’s public housing tenant                       proficiency. HUD maintains the
                                                  expenditure deadline. Upon request                      selection policies or Section 8                       requirement that an MDD PHA must
                                                  from an MDD PHA, HUD is willing to                      administrative plan that an MDD PHA                   also provide the public notice in
                                                  extend these deadlines by 12 months.                    wishes to put into place to address                   minority media. Any notice must
                                                     E. 24 CFR 905.314(b)–(c) (Cost and                   circumstances unique to relief and                    comply with HUD fair housing
                                                  other limitations; Maximum project                      recovery efforts, HUD is willing to                   requirements.
                                                  cost; TDC limit). Section 905.314(b)–(c)                consider requests to waive the                           K. 24 CFR 982.503(c) (HUD approval
                                                  establishes the calculation of maximum                  requirements for formal approval. Any                 of exception payment standard
                                                  project cost and the calculation of total               waiver request must include                           amount). 24 CFR 982.503(c) authorizes
                                                  development cost. In order to facilitate                documentation that an MDD PHA’s                       HUD to approve an exception payment
                                                  the use of Capital Funds for repairs and                Board of Commissioners or an                          standard amount that is higher than 110
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                                                  construction for needed housing in the                  authorized MDD PHA official supports                  percent of the published fair market rent
                                                  disaster areas, HUD is willing to waive                 the waiver request and must identify the              (FMR). Typically, a PHA must provide
                                                  the total development cost (TDC) and                    temporary revisions, which shall be                   data about the local market to
                                                  housing cost cap limits for all work                    effective for a period not to exceed 12               substantiate the need for an exception
                                                  funded by the Capital Grant (Capital                    months from the date of HUD’s                         payment standard. In a natural disaster
                                                  Grant Funds with undisbursed balances                   approval. Additionally, any waiver                    situation, however, the typical data
                                                  and HOPE VI funds) until issuance of                    request is limited to revisions that do               sources fail to capture conditions on the


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                                                  89494                      Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices

                                                  ground. In these cases, HUD takes into                  to consider a request from an MDD PHA                 indicates the documentation that must
                                                  account the most recently available data                wishing to waive this requirement to                  accompany the MDD PHA’s submission.
                                                  on the rental market, prior to the                      allow families displaced from their                   Each request for a waiver (Section 3 of
                                                  disaster, then estimates the number of                  homes located in areas affected by                    the checklist) must include a good-cause
                                                  households seeking housing units in the                 MDD(s) 4263 and/or 4277 to comply                     justification stating why the particular
                                                  wake of the disaster to arrive at an                    with mortgage terms or make necessary                 waiver is needed for the PHA’s relief
                                                  emergency exception payment standard                    repairs. A PHA requesting a waiver of                 and recovery efforts.
                                                  amount. For Louisiana, American                         this type must show good cause by                        To complete the checklist, take the
                                                  Community Survey data at the parish                     demonstrating that the family is not                  following steps:
                                                  level show that, within the state of                    already receiving assistance from                        1. Download the checklist to your
                                                  Louisiana, only 52,209 vacant-for-rent                  another source. Note: An MDD PHA that                 computer, saving the document with the
                                                  units were available as of 2014. As part                wishes in addition to request a waiver                following filename: FR–5987–N–
                                                  of its response to the severe storms and                of the requirement at 982.312 that a                  01.Your Agency’s HA Code (e.g., FR–
                                                  flooding that occurred in 2016, the                     family be terminated from the program                 5987–N–01.MI001).
                                                  Federal Emergency Management Agency                     if they have been absent from their                      2. Complete the section titled
                                                  had issued 63,307 rental vouchers as of                 home for 180 consecutive calendar days                Information about Requesting Agency.
                                                  late September 2016, pushing the                        must do so separately.                                This section must be complete. An
                                                  effective rental vacancy rate in                           N. 24 CFR 984.303(d) (Contract of                  official of the MDD PHA must sign
                                                  Louisiana to zero. HUD has decided,                     participation; contract extension). Part              where indicated. If the information
                                                  based on this data, that exception                      984 establishes the requirements for the              about the requesting agency is
                                                  payment standard amounts up to 150                      Section 8 and Public Housing Family                   incomplete or the checklist has not been
                                                  percent of the FMR are justified and that               Self-Sufficiency (FSS) Program. Section               signed, then the checklist will be
                                                  an MDD PHA may therefore request a                      984.303(d) authorizes a PHA to extend                 returned without review.
                                                  waiver to establish an exception                        a family’s contract of participation for a               3. Complete Sections 1, 2, and/or 3 of
                                                  payment standard up to 150 percent of                   period not to exceed 2 years, upon a                  the checklist, as applicable, noting the
                                                  the FMR without providing supporting                    finding of good cause, for any family                 documentation (if any) that
                                                  data. Upon approval by HUD, an                          that requests such an extension in                    accompanies each provision.
                                                  exception payment standard adopted                      writing. HUD is willing to consider a                    4. Address an email to both
                                                  pursuant to this notice may be adopted                  request from an MDD PHA that wishes                   Louisiana_Disaster_Relief@hud.gov and
                                                  for any Housing Assistance Payment                      to extend family contracts for up to 3                your Field Office Public Housing
                                                  (HAP) contract entered into as of the                   years, if such extensions are merited                 Director. In the subject line, type
                                                  effective date of this notice. HUD                      based on circumstances deriving from                  ‘‘Louisiana Disaster Relief.’’
                                                  intends for these exception payment                     MDD(s) 4263 and/or 4277. Any waiver                      5. Attach the completed checklist to
                                                  standards to remain in effect until such                granted pursuant to this request will be              your email.
                                                  time as HUD implements changes to the                   in effect for requests made to the MDD                   6. Click ‘‘Send.’’
                                                  FMRs in the affected areas. MDD PHAs                    PHA during a period not to exceed 12                     Checklists and any supporting
                                                  are reminded that increased per-family                  months from the date of HUD approval.                 documentation or information must be
                                                  costs resulting from the use of exception                  O. 24 CFR part 985 (Section 8                      submitted not later than January 26,
                                                  payment standards may result in a                       Management Assessment Program                         2017. Requests submitted after January
                                                  reduction in the number of families                     (SEMAP)). Part 985 sets out the                       26, 2017 will not be considered, nor will
                                                  assisted or may require other cost-saving               requirements by which section 8 tenant-               HUD consider any waiver requests
                                                  measures in order for an MDD PHA to                     based assistance programs are assessed.               submitted to this email address that are
                                                  stay within its funding limitations.                    For an MDD PHA that has a fiscal year                 unrelated to relief and recovery efforts.
                                                     L. 24 CFR 982.401(d) (Housing quality                end of September 30, 2016, December                   IX. Finding of No Significant Impact
                                                  standards; Space and security). This                    31, 2016, or March 31, 2017, HUD is
                                                  section establishes a standard for                      willing to consider a request to carry                   A Finding of No Significant Impact
                                                  adequate space for an HCV-assisted                      forward the SEMAP score from the                      (FONSI) with respect to the
                                                  family. Specifically, it requires that each             previous year.                                        environment has been made in
                                                  dwelling unit have at least 1 bedroom or                   P. Notice PIH 2012–10, Section 8(c)                accordance with HUD regulations at 24
                                                  living/sleeping room for each 2 persons.                (Verification of the Social Security                  CFR part 50, which implement section
                                                  HUD is willing to consider a request                    Number (SSN)). PHAs are required to                   102(2)(C) of the National Environmental
                                                  from an MDD PHA that wishes to waive                    transmit form HUD–50058 not later than                Policy Act of 1969 (42 U.S.C.
                                                  this requirement in order to house                      30 calendar days following receipt of an              4332(2)(C)). The FONSI is available for
                                                  families displaced due to the severe                    applicant’s or participant’s SSN                      public inspection between 8 a.m. and 5
                                                  storms and flooding. The waiver will be                 documentation. HUD is willing to                      p.m. weekdays in the Regulations
                                                  in effect only for HAPs entered into                    consider a request to extend this                     Division, Office of General Counsel,
                                                  during the 12-month period following                    requirement to 90 calendar days, for a                Department of Housing and Urban
                                                  the date of HUD approval, and then only                 period not to exceed 12 months from the               Development, 451 7th Street SW., Room
                                                  with the written consent of the family.                 date of HUD approval.                                 10276, Washington, DC 20410–0500.
                                                  For any family occupying a unit                                                                               Due to security measures at the HUD
                                                                                                          IV. Notification and Expedited Waiver                 Headquarters building, an advance
                                                  pursuant to this waiver, the waiver will
                                                                                                          Process—Instructions                                  appointment to review the docket file
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                                                  be in effect for the initial lease term.
                                                     M. 24 CFR 982.633(a) (Occupancy of                     HUD has developed a checklist                       must be scheduled by Calling the
                                                  home). This section establishes the                     (Attachment A to this notice) that an                 Regulations Division at 202–708–3055
                                                  requirement that PHAs may make HAP                      MDD PHA must complete and submit in                   (this is not a toll-free number). Hearing-
                                                  for homeownership assistance only                       order to take advantage of the provisions             or speech-impaired individuals may
                                                  while a family resides in their home and                identified in this notice and the                     access this number through TTY by
                                                  must stop HAP no later than the month                   expedited review of waiver requests.                  calling the Federal Relay Service at 800–
                                                  after a family moves out. HUD is willing                Each provision on the checklist                       877–8339 (this is a toll-free number).


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                                                                             Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices                                                89495

                                                    Dated: November 22, 2016.                    lB. 24 CFR 984.105 (Family Self-Sufficiency                    submission of the Actual Development Cost
                                                  Lourdes Castro Ramirez,                             minimum program size). (Housing                           Certificate and the Actual Modernization
                                                                                                      Voucher Management and Operations;                        Cost Certificate by 12 months.
                                                  Principal Deputy Assistant, Secretary for
                                                                                                      Public Housing Management and                             lE. 24 CFR 905.314(b)–(c) (Cost and other
                                                  Public and Indian Housing.
                                                                                                      Occupancy)                                                     limitations; Maximum project cost; TDC
                                                  ATTACHMENT A                                      My agency submits the certification                              limit). (Office of Capital Improvements)
                                                  Relief from HUD Requirements Available to      required by 24 CFR 984.103 and will operate                       My agency requests a waiver of 24 CFR
                                                  Public Housing Agencies to Assist with         an FSS program that is smaller than the                        905.314(b)–(c), which establish the
                                                  Recovery and Relief Efforts on Behalf of       required program size for up to 24 months                      calculation of maximum project cost and
                                                  Families Affected by Severe Storms and         from December 12, 2016                                         total development cost limits for the Capital
                                                  Flooding in Louisiana                          lC. 24 CFR 990.145(b) (Public housing                          Fund program. I understand that this waiver
                                                                                                      dwelling units with approved                              is in effect only until such time as 2017 TDC
                                                  Federal Register Notice (FR–5987–N–01)              vacancies). (REAC—Public Housing                          limits have been published.
                                                  Information about Requesting Agency                 Financial Management Division)                            lF. 24 CFR 905.314(j) (Cost and other
                                                                                                    My  agency requests HUD approval to treat                        limitations; Types of labor) (Office of
                                                  NAME OF PHA:                                                                                                       Capital Improvements)
                                                  PHA CODE:                                      certain public housing units in our inventory
                                                                                                 as approved vacancies. I have attached a                          My agency requests a waiver of 24 CFR
                                                  Address:
                                                                                                 project-by-project listing of the units for                    904.314(j) to allow for the use of force
                                                  City or Locality:
                                                                                                 which this approval is requested. I                            account labor for modernization activities
                                                  Parish:
                                                                                                 understand that any units that remain vacant                   even if this activity has not been included in
                                                  Date of Submission: [may not be after
                                                                                                 shall be considered approved vacancies only                    our agency’s 5-Year Action Plan. I
                                                  January 26, 2017].
                                                                                                 for a period not to exceed 12 months from                      understand that this waiver will be in effect
                                                  Signature of PHA Official: llllllll the date of HUD approval.                                                 for a period not to exceed 12 months from
                                                  Name/Title of PHA Official:                                                                                   the date of HUD approval.
                                                                                                 Section 3. Insert an ‘‘X’’ next to the
                                                  Phone number of PHA Official:                  applicable waiver requests.                                    lG. 24 CFR 905.400(i)(5) (Capital Fund
                                                                                                                                                                     Formula; Limitation of Replacement
                                                  Section 1. Insert an ‘‘X’’ next to the            An MDD PHA may request a waiver of a                             Housing Funds to New Development)
                                                  applicable category (A, B, or C).              HUD requirement listed below or of any                              (Office of Capital Improvements)
                                                  lCategory A: My agency is located in one       other HUD requirement and receive
                                                                                                                                                                   My agency requests a waiver of 24 CFR
                                                       of the parishes that received a Major     expedited review of the request, as long as
                                                                                                                                                                905.400(i)(5) to allow for the use of Capital
                                                       Disaster Declaration on March 13, 2016    the MDD PHA demonstrates that the waiver
                                                                                                                                                                Fund Replacement Housing Factor grants
                                                       [MDD 4263]. Allen, Ascension,             is needed for relief and recovery purposes.
                                                                                                                                                                with undisbursed balances for public
                                                       Avoyelles, Beauregard, Bienville,         Each request must include a good-cause
                                                                                                                                                                housing modernization. I understand that
                                                       Bossier, Caddo, Calcasieu, Caldwell,      justification for the particular waiver,
                                                                                                                                                                this waiver will be in effect only for funds
                                                       Catahoula, Claiborne, De Soto, East       documenting why the waiver is needed for
                                                                                                                                                                obligated within 12 months from the date of
                                                       Carroll, Franklin, Grant, Jackson,        such purposes. No requested waiver may be
                                                                                                                                                                HUD approval.
                                                       Lafourche, La Salle, Lincoln, Livingston, implemented unless and until written                           lH. 24 CFR 960.202(c) (Tenant selection
                                                       Madison, Morehouse, Natchitoches,         approval from HUD has been obtained.
                                                                                                                                                                     policies) and 24 CFR 982.54(a)
                                                       Ouachita, Rapides, Red River, Richland,   lA. 24 CFR 5.512(d) (Verification of eligible                       (Administrative plan). (Housing Voucher
                                                       Sabine, St. Helena, St. Tammany,               immigration status; Secondary                                  Management and Operations; Public
                                                       Tangipahoa, Union, Vernon,                     verification). (Housing Voucher                                Housing Management and Occupancy)
                                                       Washington, Webster, West Carroll,             Management and Operations; Public
                                                       Winn                                                                                                        My agency requests a waiver of 24 CFR
                                                                                                      Housing Management and Occupancy)
                                                                                                                                                                960.202(c) and/or 24 CFR 982.54(a) so that
                                                  lCategory B: My agency is located in one          My agency requests a waiver of 24 CFR                       our public housing tenant selection policies
                                                       of the parishes that received a Major     5.512(d) to extend the timeframe for                           and section 8 administrative plan may be
                                                       Disaster Declaration on August 14, 2016 secondary verification requests to                               revised on a temporary basis, without formal
                                                       [MDD 4277]. Acadia, Ascension,            Immigration and Customs Enforcement from                       approval, to address circumstances unique to
                                                       Avoyelles, East Baton Rouge, East         30 to 90 days. I understand that, if approved,                 relief and recovery efforts. I have attached
                                                       Feliciana, Evangeline, Iberia, Iberville, this waiver will be in effect for a period not                 documentation that our Board of
                                                       Jefferson Davis, Lafayette, Livingston,   to exceed 12 months from the date of HUD                       Commissioners or an authorized PHA official
                                                       Pointe Coupee, St. Helena, St. James, St. approval.                                                      supports the waiver request. I have also
                                                       Landry, St. Martin, St. Tammany,          lB. 24 CFR 5.801(c) and 5.801(d)(1)                            attached documentation identifying the
                                                       Tangipahoa, Vermilion, Washington,             (Uniform financial reporting standards;                   temporary revisions. The adoption of these
                                                       West Baton Rouge, West Feliciana               Filing of financial reports; Reporting                    revisions does not constitute a significant
                                                  lCategory C: My agency is located in a              compliance dates). (REAC)                                 amendment to our PHA plan, nor does state
                                                       parish that was designated a major           My agency requests a waiver of 24 CFR                       law prevent us from adopting the revisions
                                                       disaster area under both MDD 4263 and     5.801(c) to extend the deadline for reporting                  without formal approval. I understand that
                                                       4277. Ascension, Avoyelles, Livingston,   of financial information by 180 days and of                    these revisions will be in effect for a period
                                                       St. Helena, St. Tammany, Tangipahoa,      24 CFR 5.801(d)(1) to extend the reporting                     not to exceed 12 months from the date of
                                                       Washington                                deadlines for unaudited financial statements                   HUD’s approval.
                                                                                                 by 180 days and audited financial statements                   lI. 24 CFR 965.302 (REQUIREMENTS FOR ENERGY
                                                  Section 2. Insert an ‘‘X’’ next to the         by 4 months. My PHA has a fiscal year end                           AUDITS). (Public Housing Management
                                                  applicable flexibilities.                      of 9/30/16, 12/31/16, or 3/31/17.                                   and Occupancy)
                                                  An MDD PHA may adopt the flexibilities         lC. 24 CFR 902 (Public Housing Assessment                         My agency requests a waiver of 24 CFR
                                                  listed below.                                       System). (REAC)                                           965.302 to provide us with an additional 12
                                                  lA. 42 U.S.C. 1437g(j)(1) and (j)(5)(A)           My agency requests a waiver of the                          months after December 31, 2016, to complete
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                                                       (Extension of deadline for obligation and inspection and scoring of public housing                       our audits.
                                                       expenditure of Capital Funds.). (Office   projects, as required under 24 CFR 902. My                     lJ. 24 CFR 982.206(A)(2) (WAITING LIST; OPENING
                                                       of Capital Improvements)                  agency has a fiscal year end of 6/30/16, 9/30/                      AND CLOSING; PUBLIC NOTICE). (Housing
                                                     My agency requests that HUD extend the      16, 12/13/16, or 3/31/17.                                           Voucher Management and Operations)
                                                  deadline for the obligation and expenditure    lD. 24 CFR 905.322(b) (Fiscal closeout)                           My agency requests a waiver of 24 CFR
                                                  of Capital Funds for an additional 12 months.       (Office of Capital Improvements)                          982.206(a)(2) so that we can provide public
                                                  We will maintain documentation                    My agency requests a waiver of 24 CFR                       notice of the opening of our waiting list via
                                                  substantiating the need for this extension.    905.322(b) to extend the deadline for                          our Web site, at any of our offices, and/or in



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                                                  89496                      Federal Register / Vol. 81, No. 238 / Monday, December 12, 2016 / Notices

                                                  a voice-mail message in lieu of providing                     Operations)                                       participation may be extended for up to 3
                                                  notice in a local newspaper of general                      My agency requests a waiver of 24 CFR               years. I understand that such extensions may
                                                  circulation. I understand that this waiver is            982.401(d) so that we may allow families to            be made only during the 12-month period
                                                  in effect for a period not to exceed 12 months           occupy units that are smaller than our                 following the date of HUD approval.
                                                  from the date of HUD approval.                           occupancy standards would otherwise                    lO. 24 CFR 985.101(A) (SECTION 8 MANAGEMENT
                                                  lK. 24 CFR 982.503(C) (HUD APPROVAL OF                   dictate. I understand that this waiver is in                ASSESSMENT PROGRAM (SEMAP)). (Housing
                                                       EXCEPTION PAYMENT STANDARD AMOUNT).                 effect only for HAPs entered into during the                Voucher Management and Operations)
                                                       (Housing Voucher Management and                     12-month period following the date of HUD
                                                       Operations)                                         approval, and then only with the written                 My agency requests a waiver of 24 CFR
                                                                                                           consent of the family.                                 985.101(a) so that our SEMAP score from the
                                                    My agency requests to establish an
                                                                                                           lM. 24 CFR 982.633(A) (OCCUPANCY OF HOME).             previous year may be carried over. My
                                                  exception payment standard amount that is
                                                  higher than 110 percent of the published fair                 (Housing Voucher Management and                   agency has a fiscal year end of 9/30/16,
                                                  market rent (FMR). I have attached our                        Operations)                                       12/31/16, or 3/31/17.
                                                  proposed emergency exception payment                        My agency requests a waiver of 24 CFR               lP. NOTICE PIH 2012–10, SECTION 8(C)
                                                  standard schedule, which shows both the                  982.633(a) so that we may continue HAP for                  (VERIFICATION OF THE SOCIAL SECURITY
                                                  dollar amounts requested and those amounts               homeownership for families displaced from                   NUMBER (SSN)) (REAC)
                                                  as a percentage of the FMRs in effect at the             their homes if needed to comply with                     My agency requests a waiver of section 8(c)
                                                  time of the request. I understand that any               mortgage terms or make necessary repairs.              of Notice PIH 2012–10 to allow for the
                                                  approved exception payment standard will                 We have determined that the family is not              submission of Form HUD–50058 90
                                                  remain in effect until such time as HUD                  receiving assistance from another source. I
                                                                                                                                                                  calendars days from receipt of an applicant’s
                                                  revises the FMRs for the area. I also                    understand that such payments must cease if
                                                                                                                                                                  or participant’s SSN documentation. I
                                                  understand that increased per-family costs               the family remains absent from their home
                                                                                                           for more than 180 consecutive calendar days.           understand that this waiver will be in effect
                                                  resulting from the use of such exception
                                                                                                                                                                  for a period not to exceed 12 months from
                                                  payment standard may result in a reduction               lN. 24 CFR 984.303(D) (CONTRACT OF
                                                  in the number of families assisted or may                                                                       the date of HUD approval.
                                                                                                                PARTICIPATION; CONTRACT EXTENSION).
                                                  require my agency to adopt other cost-saving                  (Public Housing Management and                    lQ. WAIVERS NOT IDENTIFIED IN FR–5987–N–01.
                                                  measures.                                                     Occupancy; Housing Voucher                          My agency seeks waivers of the HUD
                                                  lL. 24 CFR 982.401(D) (HOUSING QUALITY                        Management and Operations)                        requirements listed below. I have included
                                                       STANDARDS; SPACE AND SECURITY).                        My agency requests a waiver of 24 CFR               documentation justifying the need for the
                                                       (Housing Voucher Management and                     984.303(d) so that a family’s contract of              waivers.

                                                            Regulation                                                                              Description

                                                  Example: 24 CFR 982.54 ....           Example: A waiver of this regulation will facilitate our agency’s capacity to participate in relief and recovery efforts
                                                                                          by. . .




                                                  [FR Doc. 2016–29642 Filed 12–9–16; 8:45 am]              authority pursuant to the Lead-Based                   FOR FURTHER INFORMATION CONTACT:
                                                  BILLING CODE 4210–67–P                                   Paint Poisoning Prevention Act, the                    Karen Griego, Program Environmental
                                                                                                           Residential Lead-Based Paint Hazard                    Clearance Officer, OLHCHH,
                                                                                                           Reduction Act of 1992, sections 501 and                Department of Housing and Urban
                                                  DEPARTMENT OF HOUSING AND                                502 of the Housing and Urban                           Development, 500 Gold Avenue SW.,
                                                  URBAN DEVELOPMENT                                        Development Act of 1970, and                           Suite 7301, P.O. Box 906, Albuquerque,
                                                                                                           authorizing legislation pertaining to                  NM 87103–0906, telephone number
                                                  [Docket No. FR–5982–D–01]                                                                                       (505) 346–6462 (this is not a toll-free
                                                                                                           lead hazard control and healthy homes
                                                                                                           contained within annual appropriations                 number). Persons with hearing- or
                                                  Delegation of Authority for the Office
                                                                                                                                                                  speech-impairments may access this
                                                  of Lead Hazard Control and Healthy                       acts, for matters pertaining to lead
                                                                                                                                                                  number through TTY by calling the toll-
                                                  Homes                                                    hazard control and healthy homes. This
                                                                                                                                                                  free Federal Relay Service at 1–800–
                                                                                                           includes oversight and enforcement of                  877–8339.
                                                  AGENCY: Office of the Secretary, HUD.
                                                                                                           the Lead Disclosure Rule as well as
                                                  ACTION:Notice of Delegation of                                                                                  SUPPLEMENTARY INFORMATION: OLHCHH
                                                                                                           oversight of the Lead Safe Housing Rule
                                                  Authority.                                                                                                      was created by the Departments of
                                                                                                           for all HUD programs and enforcement                   Veterans Affairs and Housing and Urban
                                                  SUMMARY:   Under the Residential Lead-                   of the Lead Safe Housing Rule for                      Development, and Independent
                                                  Based Paint Hazard Reduction Act of                      Multifamily Housing programs, the                      Agencies Appropriations Act of 1992
                                                  1992, the Office of Lead Hazard Control                  Single Family Asset Management                         (Pub. L. 102–139, October 28, 1991).
                                                  and Healthy Homes (OLHCHH) is                            program, and Public and Indian                         Under the Residential Lead-Based Paint
mstockstill on DSK3G9T082PROD with NOTICES




                                                  authorized to develop, demonstrate, and                  Housing (PIH) programs. PIH                            Hazard Reduction Act of 1992,
                                                  promote measures to correct lead-based                   enforcement actions include                            OLHCHH is authorized to develop,
                                                  paint-related health and safety hazards                  coordination with the appropriate PIH                  demonstrate, and promote measures to
                                                  in the home environment that affect                      field office.                                          correct lead-based paint related health
                                                  children, particularly of low-income                     DATES:   Effective Date: November 28,                  and safety hazards in the home
                                                  families. In this notice, the Secretary                                                                         environment that affect children,
                                                                                                           2016.
                                                  delegates to the Director of OLHCHH, all                                                                        particularly of low-income families.


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Document Created: 2018-02-14 09:05:32
Document Modified: 2018-02-14 09:05:32
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.
DatesEffective Date: December 12, 2016.
ContactDenise M. Cotten, Office of Field Operations, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 4112, Washington, DC 20410-5000, telephone number (202) 402-4313. Persons with hearing or speech impairments may access this number via TTY by calling the Federal Information Relay Service at (800) 877-8339.
FR Citation81 FR 89491 

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