82_FR_20997 82 FR 20912 - Operations Notice for the Expansion of the Moving To Work Demonstration Program Solicitation of Comment; Waiver Revision and Reopening of Comment Period

82 FR 20912 - Operations Notice for the Expansion of the Moving To Work Demonstration Program Solicitation of Comment; Waiver Revision and Reopening of Comment Period

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 82, Issue 85 (May 4, 2017)

Page Range20912-20916
FR Document2017-09139

This notice revises the parameters of three waiver provisions and reopens the comment period for HUD's January 23, 2017 Federal Register notice entitled ``Operations Notice for the Expansion of the Moving To Work Demonstration Program Solicitation of Comment.''

Federal Register, Volume 82 Issue 85 (Thursday, May 4, 2017)
[Federal Register Volume 82, Number 85 (Thursday, May 4, 2017)]
[Notices]
[Pages 20912-20916]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09139]



[[Page 20912]]

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5994-N-02]


Operations Notice for the Expansion of the Moving To Work 
Demonstration Program Solicitation of Comment; Waiver Revision and 
Reopening of Comment Period

AGENCY: Office of Public and Indian Housing, HUD.

ACTION: Notice.

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

SUMMARY: This notice revises the parameters of three waiver provisions 
and reopens the comment period for HUD's January 23, 2017 Federal 
Register notice entitled ``Operations Notice for the Expansion of the 
Moving To Work Demonstration Program Solicitation of Comment.''

DATES: Comment due date: The comment deadline for the January 23, 2017 
notice, as revised by this notice, is June 5, 2017.

FOR FURTHER INFORMATION CONTACT: Marianne Nazzaro, Office of Public and 
Indian Housing, Department of Housing and Urban Development, 451 7th 
Street SW., Room 4130, Washington, DC 20410; email address [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    The MTW demonstration program was established under Section 204 of 
Title II of section 101(e) of the Omnibus Consolidated Rescissions and 
Appropriations Act of 1996, Public Law 104-134 (approved April 26, 
1996). The demonstration was significantly expanded under the 2016 MTW 
expansion statute, Section 239 of Division L, Title IV of the 
Consolidated Appropriations Act, 2016, Public Law 114-113 (approved 
December 18, 2015) (2016 MTW expansion). The 2016 MTW expansion 
authorizes HUD to expand the MTW demonstration program from the current 
level of 39 PHAs to an additional 100 PHAs over a period of seven 
years.
    On January 23, 2017 (82 FR 8056), HUD published in the Federal 
Register a notice that sought comment on the proposed methods of 
operations for PHAs joining the MTW demonstration through the 2016 MTW 
expansion. Included in that notice are appendices that list available 
waivers, and the parameters of those waivers. These include Appendix A, 
``General Waivers'' (82 FR 8071 et seq.), and Appendix B, ``Conditional 
Waivers'' (82 FR 8076 et seq.). General waivers are those that will be 
granted without HUD review beyond the MTW application review. 
Conditional waivers are those waivers that will be granted following 
additional HUD review and approval.
    This notice makes a revision to one of the Appendix A waivers, and 
two of the Appendix B waivers.

II. Revisions to Parameters of Waivers

A. Appendix A: General Waivers

    For the waiver entitled ``Authorizations Related to Family Self 
Sufficiency,'' one of the available activities listed in the fourth 
column is: ``The Agency is authorized to develop its own recruitment 
and selection procedures for its FSS program(s).'' In the fifth column, 
``Parameters,'' the corresponding statement as originally published (82 
FR 8072 (January 23, 2017)) reads:

    Recruitment, eligibility, and selection policies and procedures 
must be consistent with the Department's nondiscrimination and equal 
opportunity requirements. Agency may not require families to 
participate in the program as a condition of receiving housing 
assistance. Agency may not include current work status, work history 
and/or source of income as part of the selection criteria. 
``Family'' is not limited to families with a member who is able to 
work full time, but is defined broadly so as not to exclude families 
with a member who is disabled but able to work, disabled but unable 
to work, or working as a caregiver for a family member with a 
disability.

This statement is revised by this notice to remove the second sentence 
and add two new sentences in its place, so that the statement reads 
(emphasis added):

    Recruitment, eligibility, and selection policies and procedures 
must be consistent with the Department's nondiscrimination and equal 
opportunity requirements. A PHA may make FSS participation mandatory 
by waiving the statutory and regulatory definition of FSS family or 
participating family which is ``a family that resides in public 
housing or receives assistance under the rental certificate or 
rental voucher programs, and that elects to participate in the FSS 
program'' (24 CFR 984.103(b)). The Agency may not make FSS 
participation mandatory for individuals that do not meet the 
definition of an eligible family at Section 23(n)(3) of the U.S. 
Housing Act of 1937 (1937 Act), 42 U.S.C. 1437u(n)(3), and those 
exempted from the Community Service Requirement under Section 
12(c)(2)(A), (B), (D) and (E) of the 1937 Act, 42 U.S.C. 
1437j(c)(2)(A), (B), (D), and (E). If the Agency requires FSS 
participation as a condition for housing subsidy, the Agency must 
develop and adopt a non-compliance policy and a hardship exemption 
policy and conduct an impact analysis in accordance with MTW 
guidance prior to the implementation of the activity. If an Agency 
terminates the housing subsidy or tenancy of a family for alleged 
violation of mandatory FSS participation, it will provide a notice 
at least 60 days prior to the date of termination informing the 
family that it is entitled to a hearing under the procedures stated 
in the Agency's Grievance Procedure (24 CFR part 966, subpart B). 
Any resulting termination of assistance or tenancy must be based on 
the noncompliance policy, and there shall be no termination of 
tenancy or assistance if such action would result in hardship for 
the family under the hardship policy. The noncompliance policy may 
not include minor infractions of FSS as a basis for termination of 
tenancy or subsidy. An Agency may not include current work status, 
work history and/or source of income as part of the selection 
criteria. ``Family'' is not limited to families with a member who is 
able to work full time, but is defined broadly so as not to exclude 
families with a member who is disabled but able to work, disabled 
but unable to work, or working as a caregiver for a family member 
with a disability.

B. Appendix B: Conditional Waivers

    For waiver 3 under the ``Activities Related to Public Housing'' 
heading, entitled ``PH--Work Requirements,'' the first sentence of the 
``Available Activities'' statement as originally published (82 FR 8079 
(January 23, 2017)) reads:

    Work Requirement (PH): The Agency may implement a work 
requirement for public housing residents between the ages of 18 and 
54.

This sentence is revised to read:

    Work Requirement (PH): The Agency may implement a work 
requirement for public housing residents between the ages of 18 and 
61.

    For waiver 6 under the ``Activities Related to Housing Choice 
Vouchers'' heading, entitled ``HCV & PBV--Work Requirements,'' the 
first sentence of the ``Available Activities'' statement as originally 
published (82 FR 8079 (January 23, 2017)) reads:

    Work Requirement (HCV & PBV): The Agency may implement a work 
requirement for HCV and PBV residents between the ages of 18 and 54.

This sentence is revised to read:

    Work Requirement (HCV & PBV): The Agency may implement a work 
requirement for HCV and PBV residents between the ages of 18 and 61.

    Dated: May 2, 2017.
Jemine A. Bryon,
General Deputy Assistant Secretary for Public and Indian Housing.

[[Page 20913]]



                                                                   Appendix A Excerpt
 [Note: Comments are being accepted on the original notice and appendices published at 82 FR 8056 (January 23, 2017) until the comment deadline in this
                notice. These excerpts from Appendices A and B are provided to show the context of the changes described in this notice]
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         No.                Waiver name            Waiver description        Regulations waived      Available activities             Parameters
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                            Activities Related to Public Housing and Housing Choice Vouchers
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3...................  Authorizations Related  The Agency is authorized to  Certain provisions of  Waive Operating a Required  Recruitment, eligibility,
                       to Family Self          operate any of its           Section 23 of the      FSS Program (Both): The     and selection policies
                       Sufficiency.            existing self-sufficiency    1937 Act and 24 CFR    Agency is authorized to     and procedures must be
                                               and training programs,       984.                   waive its requirement to    consistent with the
                                               including its Family Self-                          operate the traditional     Department's
                                               Sufficiency (FSS) Program                           FSS program.                nondiscrimination and
                                               and any successor programs                         Alternative to Program       equal opportunity
                                               exempt from certain HUD                             Coordinating Committee      requirements. A PHA may
                                               program requirements. If                            (Both): The Agency is       make FSS participation
                                               the Agency receives                                 authorized to create an     mandatory by waiving the
                                               dedicated funding for an                            alternative structure for   statutory and regulatory
                                               FSS coordinator, such                               securing local resources    definition of FSS family
                                               funds must be used to                               to support an FSS program.  or participating family
                                               employ a self-sufficiency                          Alternative Family           which is ``a family that
                                               coordinator. In developing                          Selection Procedures        resides in public housing
                                               and operating such                                  (Both): The Agency is       or receives assistance
                                               programs, the Agency is                             authorized to develop its   under the rental
                                               authorized to establish                             own recruitment and         certificate or rental
                                               strategic relationships                             selection procedures for    voucher programs, and
                                               and partnerships with                               its FSS program(s).         that elects to
                                               local private and public                                                        participate in the FSS
                                               agencies and service                                                            program'' (24 CFR
                                               providers to leverage                                                           984.103(b)). The Agency
                                               expertise and funding. In                                                       may not make FSS
                                               implementing this waiver,                                                       participation mandatory
                                               the Agency must execute a                                                       for individuals that do
                                               contract of participation,                                                      not meet the definition
                                               or other locally developed                                                      of an eligible family at
                                               agreement, that is at                                                           Section 23(n)(3) of the
                                               least 5 years but no more                                                       U.S. Housing Act of 1937
                                               than 10 years. However,                                                         (1937 Act) (42 U.S.C.
                                               notwithstanding the above,                                                      1437u(n)(3)), and those
                                               any funds granted pursuant                                                      exempted from the
                                               to a competition must be                                                        Community Service
                                               used in accordance with                                                         Requirement under Section
                                               the NOFA and the approved                                                       12(c)(2)(A), (B), (D) and
                                               application and work plan.                                                      (E) of the 1937 Act, 42
                                                                                                                               U.S.C. 1437j(c)(2)(A),
                                                                                                                               (B), (D), and (E). If the
                                                                                                                               Agency requires FSS
                                                                                                                               participation as a
                                                                                                                               condition for housing
                                                                                                                               subsidy, a hardship
                                                                                                                               policy and impact
                                                                                                                               analysis must be
                                                                                                                               developed and adopted in
                                                                                                                               accordance with MTW
                                                                                                                               guidance prior to the
                                                                                                                               implementation of the
                                                                                                                               activity. If an Agency
                                                                                                                               terminates the housing
                                                                                                                               subsidy or tenancy of a
                                                                                                                               family for alleged
                                                                                                                               violation of mandatory
                                                                                                                               FSS participation, the
                                                                                                                               family will be entitled
                                                                                                                               to a hearing under the
                                                                                                                               Agency's Grievance
                                                                                                                               Procedure (24 CFR part
                                                                                                                               966, subpart B). An
                                                                                                                               Agency may not include
                                                                                                                               current work status, work
                                                                                                                               history and/or source of
                                                                                                                               income as part of the
                                                                                                                               selection criteria.
                                                                                                                               ``Family'' is not limited
                                                                                                                               to families with a member
                                                                                                                               who is able to work full
                                                                                                                               time, but is defined
                                                                                                                               broadly so as not to
                                                                                                                               exclude families with a
                                                                                                                               member who is disabled
                                                                                                                               but able to work,
                                                                                                                               disabled but unable to
                                                                                                                               work, or working as a
                                                                                                                               caregiver for a family
                                                                                                                               member with a disability.
                                                                                                  Modify or Eliminate the     The Agency may modify the
                                                                                                   Contract of Participation   terms of the contract of
                                                                                                   (Both): The Agency is       participation to align
                                                                                                   authorized to modify the    with adjustments made to
                                                                                                   terms of, or eliminate      its FSS program(s) using
                                                                                                   the contract of             MTW flexibility. Further,
                                                                                                   participation, in lieu of   the Agency may
                                                                                                   a local form.               discontinue use of the
                                                                                                                               contract of participation
                                                                                                                               and instead employ a
                                                                                                                               locally-developed
                                                                                                                               agreement that codifies
                                                                                                                               the terms of
                                                                                                                               participation.

[[Page 20914]]

 
                                                                                                  Policies for Addressing     Consistent with the goals
                                                                                                   Increases in Family         and structure of its MTW
                                                                                                   Income (Both): The Agency   FSS program, the Agency
                                                                                                   is authorized to set its    can set policies for
                                                                                                   own policies for            whether income increases
                                                                                                   addressing increases in     are recognized for
                                                                                                   family income during        purposes of increasing
                                                                                                   participation in the FSS    rent or changing the
                                                                                                   program.                    amount of funds moved to
                                                                                                                               escrow/savings through
                                                                                                                               the program. The Agency
                                                                                                                               may not use income
                                                                                                                               increases during
                                                                                                                               participation in the FSS
                                                                                                                               program to change a
                                                                                                                               family's eligibility
                                                                                                                               status for purposes of
                                                                                                                               participation in the FSS
                                                                                                                               program or for the
                                                                                                                               receipt public housing or
                                                                                                                               HCV assistance.
                                                                                                  Calculating FSS Credits     The Agency may set
                                                                                                   (Both): The Agency is       policies to defer income
                                                                                                   authorized to create        increases to savings OR
                                                                                                   alternative methods for     to allow participants to
                                                                                                   computing the family's      earn savings deposits
                                                                                                   FSS credit.                 based on meeting certain
                                                                                                                               program milestones. Such
                                                                                                                               policies must be made
                                                                                                                               clear to participants in
                                                                                                                               writing prior to starting
                                                                                                                               their participation in
                                                                                                                               the program.
                                                                                                  Disbursement of Savings     Consistent with the goals
                                                                                                   (Both): The Agency may      and structure of its MTW
                                                                                                   set its own policies for    FSS program, the Agency
                                                                                                   when savings funds can be   can set policies for when
                                                                                                   disbursed to participants.  savings are disbursed to
                                                                                                                               participants. This could
                                                                                                                               mean all funds are
                                                                                                                               disbursed at once, or at
                                                                                                                               certain key points of
                                                                                                                               participation. Such
                                                                                                                               policies must be made
                                                                                                                               clear to participants in
                                                                                                                               writing prior to starting
                                                                                                                               their participation in
                                                                                                                               the program.
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[[Page 20915]]


                                                                   Appendix B Excerpt
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         No.                Waiver name            Waiver description        Regulations waived      Available activities             Parameters
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Activities Related to Public Housing
--------------------------------------------------------------------------------------------------------------------------------------------------------
3...................  PH--Work Requirements.  The Agency is authorized to  Certain provisions of  Work Requirement (PH): The  Residents must have the
                                               implement a requirement      Section 3 of the       Agency may implement a      opportunity to utilize
                                               that a specified segment     1937 Act and 24 CFR    work requirement for        the provisions of the
                                               of its public housing        960.206.               public housing residents    Agency's Grievance
                                               residents work as a                                 between the ages of 18      Procedure to resolve a
                                               condition of tenancy                                and 61. The requirement     dispute regarding a
                                               subject to subject to all                           shall be no less than 15    determination that a
                                               applicable Fair Housing                             hours of work per week      resident has failed to
                                               Requirements and the                                and no more than 30 hours   comply with the work
                                               mandatory admission and                             of work per week. Work      requirement. The Agency
                                               prohibition requirements                            requirements shall not be   must update its ACOP to
                                               imposed by sections 576-                            applied to exclude, or      include a description of
                                               578 of the Quality Housing                          have the effect of          the circumstances in
                                               and Work Responsibility                             excluding, the admission    which residents shall be
                                               Act of 1998 and Section                             of or participation by      exempt for the
                                               428 of Public Law 105-276.                          persons with disabilities   requirement and hardship
                                               Those individuals exempt                            or families that include    policies. The ACOP should
                                               from the Community Service                          persons with                include a description of
                                               Requirement in accordance                           disabilities. Work          what is considered work
                                               with Section 12(c)(2)(A),                           requirements shall not      as well as other
                                               (B), (D) and (E) of the                             apply to person with        activities that shall be
                                               1937 Act are also exempt                            disabilities or families    considered acceptable
                                               from the Agency's work                              that include persons with   substitutes for work.
                                               requirement.                                        disabilities. However,      Services, or referrals to
                                                                                                   persons with disabilities   services, must be
                                                                                                   and families that include   provided by the Agency to
                                                                                                   persons with disabilities   support preparing
                                                                                                   must have equal access to   families to comply with
                                                                                                   the full range of program   this requirement. The
                                                                                                   services and other          hardship policy in the
                                                                                                   incentives.                 ACOP should apply to
                                                                                                                               residents who are
                                                                                                                               actively trying to comply
                                                                                                                               with the Agency's work
                                                                                                                               requirement, but are
                                                                                                                               having difficulties
                                                                                                                               obtaining work or an
                                                                                                                               acceptable substitute.
                                                                                                                               The ACOP should also
                                                                                                                               describe the consequences
                                                                                                                               of failure to comply with
                                                                                                                               the work requirement.
                                                                                                                               Agencies may not
                                                                                                                               implement the PH-Work
                                                                                                                               Requirements Waiver on
                                                                                                                               individuals exempted from
                                                                                                                               the Community Service
                                                                                                                               Requirement under Section
                                                                                                                               12(c)(2)(A), (B), (D) and
                                                                                                                               (E).
                                                                                                                              While the work
                                                                                                                               requirements do not apply
                                                                                                                               to persons with
                                                                                                                               disabilities or families
                                                                                                                               that include a person
                                                                                                                               with disabilities, such
                                                                                                                               persons and families are
                                                                                                                               not precluded from
                                                                                                                               working or engaging in
                                                                                                                               substitute activities
                                                                                                                               (such as caring for a
                                                                                                                               family member who is
                                                                                                                               disabled). Regardless of
                                                                                                                               the level of engagement
                                                                                                                               with work or substitute
                                                                                                                               activities, persons and
                                                                                                                               families that include
                                                                                                                               persons with disabilities
                                                                                                                               must have equal access to
                                                                                                                               services or referral to
                                                                                                                               services to support their
                                                                                                                               efforts to obtain work or
                                                                                                                               an acceptable substitute,
                                                                                                                               and any other services or
                                                                                                                               other incentives
                                                                                                                               associated with the
                                                                                                                               program.
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[[Page 20916]]

 
                                                      Activities Related to Housing Choice Vouchers
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6...................  HCV & PBV--Work         The Agency is authorized to  Certain provisions of  Work Requirement (HCV &     The Agency must update its
                       Requirements.           implement a requirement      Sections 8(o)(7)(a),   PBV): The Agency may        Administrative Plan to
                                               that a specified segment     8(o)(13)(F), and       implement a work            include a description of
                                               of its HCV and PBV           8(o)(13)(G) of the     requirement for HCV and     the circumstances in
                                               residents work as a          1937 Act and 24 CFR    PBV residents between the   which families shall be
                                               condition of tenancy         982.303, 982.309 and   ages of 18 and 61. The      exempt from the
                                               subject to all applicable    983 Support F.         requirement shall be no     requirement. The
                                               Fair Housing Requirements.                          less than 15 hours of       Administrative Plan must
                                                                                                   work per week and no more   also include a hardship
                                                                                                   than 30 hours of work per   policy. The
                                                                                                   week. The Agency shall      Administrative Plan
                                                                                                   provide supportive          should include a
                                                                                                   services to assist          description of what is
                                                                                                   families obtain             considered work as well
                                                                                                   employment or an            as other activities that
                                                                                                   acceptable substitute.      shall be considered
                                                                                                   Work requirements shall     acceptable substitutes
                                                                                                   not be applied to           for work. Services, or
                                                                                                   exclude, or have the        referrals to services,
                                                                                                   effect of excluding, the    must be provided by the
                                                                                                   admission of or             Agency to support
                                                                                                   participation by persons    preparing families for
                                                                                                   with disabilities or        the termination of
                                                                                                   families that include       assistance. The hardship
                                                                                                   persons with                policy in the
                                                                                                   disabilities. Work          Administrative Plan
                                                                                                   requirements shall not      should apply to families
                                                                                                   apply to persons with       who are actively trying
                                                                                                   disabilities or families    to comply with the
                                                                                                   that include persons with   Agency's work
                                                                                                   disabilities. However,      requirement, but are
                                                                                                   persons with disabilities   having difficulties
                                                                                                   and families that include   obtaining work or an
                                                                                                   persons with disabilities   acceptable substitute.
                                                                                                   must have equal access to   The Administrative Plan
                                                                                                   the full range of program   should also describe the
                                                                                                   services and other          consequences of failure
                                                                                                   incentives.                 to comply with the work
                                                                                                                               requirement.
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[FR Doc. 2017-09139 Filed 5-3-17; 8:45 am]
 BILLING CODE 4210-67-P



                                               20912                           Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices

                                               DEPARTMENT OF HOUSING AND                               seq.). General waivers are those that will            guidance prior to the implementation of the
                                               URBAN DEVELOPMENT                                       be granted without HUD review beyond                  activity. If an Agency terminates the housing
                                                                                                       the MTW application review.                           subsidy or tenancy of a family for alleged
                                               [Docket No. FR–5994–N–02]                                                                                     violation of mandatory FSS participation, it
                                                                                                       Conditional waivers are those waivers
                                                                                                                                                             will provide a notice at least 60 days prior
                                               Operations Notice for the Expansion of                  that will be granted following additional             to the date of termination informing the
                                               the Moving To Work Demonstration                        HUD review and approval.                              family that it is entitled to a hearing under
                                               Program Solicitation of Comment;                          This notice makes a revision to one of              the procedures stated in the Agency’s
                                               Waiver Revision and Reopening of                        the Appendix A waivers, and two of the                Grievance Procedure (24 CFR part 966,
                                               Comment Period                                          Appendix B waivers.                                   subpart B). Any resulting termination of
                                                                                                                                                             assistance or tenancy must be based on the
                                               AGENCY: Office of Public and Indian                     II. Revisions to Parameters of Waivers
                                                                                                                                                             noncompliance policy, and there shall be no
                                               Housing, HUD.                                           A. Appendix A: General Waivers                        termination of tenancy or assistance if such
                                               ACTION: Notice.                                                                                               action would result in hardship for the family
                                                                                                          For the waiver entitled                            under the hardship policy. The
                                               SUMMARY:   This notice revises the                      ‘‘Authorizations Related to Family Self               noncompliance policy may not include
                                               parameters of three waiver provisions                   Sufficiency,’’ one of the available                   minor infractions of FSS as a basis for
                                               and reopens the comment period for                      activities listed in the fourth column is:            termination of tenancy or subsidy. An
                                               HUD’s January 23, 2017 Federal                          ‘‘The Agency is authorized to develop                 Agency may not include current work status,
                                               Register notice entitled ‘‘Operations                   its own recruitment and selection                     work history and/or source of income as part
                                                                                                       procedures for its FSS program(s).’’ In               of the selection criteria. ‘‘Family’’ is not
                                               Notice for the Expansion of the Moving
                                                                                                       the fifth column, ‘‘Parameters,’’ the                 limited to families with a member who is
                                               To Work Demonstration Program                                                                                 able to work full time, but is defined broadly
                                               Solicitation of Comment.’’                              corresponding statement as originally
                                                                                                                                                             so as not to exclude families with a member
                                               DATES: Comment due date: The
                                                                                                       published (82 FR 8072 (January 23,
                                                                                                                                                             who is disabled but able to work, disabled
                                               comment deadline for the January 23,                    2017)) reads:                                         but unable to work, or working as a caregiver
                                               2017 notice, as revised by this notice, is                 Recruitment, eligibility, and selection            for a family member with a disability.
                                               June 5, 2017.                                           policies and procedures must be consistent
                                                                                                       with the Department’s nondiscrimination               B. Appendix B: Conditional Waivers
                                               FOR FURTHER INFORMATION CONTACT:
                                                                                                       and equal opportunity requirements. Agency
                                               Marianne Nazzaro, Office of Public and                  may not require families to participate in the           For waiver 3 under the ‘‘Activities
                                               Indian Housing, Department of Housing                   program as a condition of receiving housing           Related to Public Housing’’ heading,
                                               and Urban Development, 451 7th Street                   assistance. Agency may not include current            entitled ‘‘PH—Work Requirements,’’ the
                                               SW., Room 4130, Washington, DC                          work status, work history and/or source of
                                                                                                       income as part of the selection criteria.
                                                                                                                                                             first sentence of the ‘‘Available
                                               20410; email address mtw-info@
                                                                                                       ‘‘Family’’ is not limited to families with a          Activities’’ statement as originally
                                               hud.gov.
                                                                                                       member who is able to work full time, but             published (82 FR 8079 (January 23,
                                               SUPPLEMENTARY INFORMATION:                              is defined broadly so as not to exclude               2017)) reads:
                                               I. Background                                           families with a member who is disabled but              Work Requirement (PH): The Agency may
                                                                                                       able to work, disabled but unable to work, or         implement a work requirement for public
                                                  The MTW demonstration program                        working as a caregiver for a family member            housing residents between the ages of 18 and
                                               was established under Section 204 of                    with a disability.                                    54.
                                               Title II of section 101(e) of the Omnibus               This statement is revised by this notice
                                               Consolidated Rescissions and                            to remove the second sentence and add                 This sentence is revised to read:
                                               Appropriations Act of 1996, Public Law                  two new sentences in its place, so that                 Work Requirement (PH): The Agency may
                                               104–134 (approved April 26, 1996). The                  the statement reads (emphasis added):                 implement a work requirement for public
                                               demonstration was significantly                                                                               housing residents between the ages of 18 and
                                               expanded under the 2016 MTW                               Recruitment, eligibility, and selection
                                                                                                                                                             61.
                                                                                                       policies and procedures must be consistent
                                               expansion statute, Section 239 of                       with the Department’s nondiscrimination
                                               Division L, Title IV of the Consolidated                                                                         For waiver 6 under the ‘‘Activities
                                                                                                       and equal opportunity requirements. A PHA
                                               Appropriations Act, 2016, Public Law                    may make FSS participation mandatory by               Related to Housing Choice Vouchers’’
                                               114–113 (approved December 18, 2015)                    waiving the statutory and regulatory                  heading, entitled ‘‘HCV & PBV—Work
                                               (2016 MTW expansion). The 2016 MTW                      definition of FSS family or participating             Requirements,’’ the first sentence of the
                                               expansion authorizes HUD to expand                      family which is ‘‘a family that resides in            ‘‘Available Activities’’ statement as
                                               the MTW demonstration program from                      public housing or receives assistance under           originally published (82 FR 8079
                                               the current level of 39 PHAs to an                      the rental certificate or rental voucher              (January 23, 2017)) reads:
                                                                                                       programs, and that elects to participate in
                                               additional 100 PHAs over a period of                    the FSS program’’ (24 CFR 984.103(b)). The              Work Requirement (HCV & PBV): The
                                               seven years.                                            Agency may not make FSS participation                 Agency may implement a work requirement
                                                  On January 23, 2017 (82 FR 8056),                    mandatory for individuals that do not meet            for HCV and PBV residents between the ages
                                               HUD published in the Federal Register                   the definition of an eligible family at Section       of 18 and 54.
                                               a notice that sought comment on the                     23(n)(3) of the U.S. Housing Act of 1937
                                               proposed methods of operations for                      (1937 Act), 42 U.S.C. 1437u(n)(3), and those          This sentence is revised to read:
                                               PHAs joining the MTW demonstration                      exempted from the Community Service                     Work Requirement (HCV & PBV): The
                                               through the 2016 MTW expansion.                         Requirement under Section 12(c)(2)(A), (B),           Agency may implement a work requirement
                                               Included in that notice are appendices                  (D) and (E) of the 1937 Act, 42 U.S.C.                for HCV and PBV residents between the ages
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                                                                                                       1437j(c)(2)(A), (B), (D), and (E). If the Agency      of 18 and 61.
                                               that list available waivers, and the                    requires FSS participation as a condition for
                                               parameters of those waivers. These                      housing subsidy, the Agency must develop                Dated: May 2, 2017.
                                               include Appendix A, ‘‘General Waivers’’                 and adopt a non-compliance policy and a               Jemine A. Bryon,
                                               (82 FR 8071 et seq.), and Appendix B,                   hardship exemption policy and conduct an              General Deputy Assistant Secretary for Public
                                               ‘‘Conditional Waivers’’ (82 FR 8076 et                  impact analysis in accordance with MTW                and Indian Housing.




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                                                                                       Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices                                                            20913

                                                                                                           APPENDIX A EXCERPT
                                                   [Note: Comments are being accepted on the original notice and appendices published at 82 FR 8056 (January 23, 2017) until the comment
                                                    deadline in this notice. These excerpts from Appendices A and B are provided to show the context of the changes described in this notice]

                                                                                                                                  Regulations
                                                      No.             Waiver name               Waiver description                                         Available activities                         Parameters
                                                                                                                                    waived

                                                                                                     Activities Related to Public Housing and Housing Choice Vouchers

                                               3 ..................   Authorizations   The Agency is authorized to operate       Certain provi-   Waive Operating a Required FSS           Recruitment, eligibility, and selection
                                                                        Related to       any of its existing self-sufficiency      sions of         Program (Both): The Agency is            policies and procedures must be
                                                                        Family Self      and training programs, including          Section 23       authorized to waive its require-         consistent with the Department’s
                                                                        Sufficiency.     its Family Self-Sufficiency (FSS)         of the 1937      ment to operate the traditional          nondiscrimination and equal op-
                                                                                         Program and any successor pro-            Act and 24       FSS program.                             portunity requirements. A PHA
                                                                                         grams exempt from certain HUD             CFR 984.       Alternative to Program Coordinating        may make FSS participation man-
                                                                                         program requirements. If the                               Committee (Both): The Agency is          datory by waiving the statutory
                                                                                         Agency receives dedicated fund-                            authorized to create an alternative      and regulatory definition of FSS
                                                                                         ing for an FSS coordinator, such                           structure for securing local re-         family or participating family which
                                                                                         funds must be used to employ a                             sources to support an FSS pro-           is ‘‘a family that resides in public
                                                                                         self-sufficiency coordinator. In de-                       gram.                                    housing or receives assistance
                                                                                         veloping and operating such pro-                         Alternative Family Selection Proce-        under the rental certificate or rent-
                                                                                         grams, the Agency is authorized                            dures (Both): The Agency is au-          al voucher programs, and that
                                                                                         to establish strategic relationships                       thorized to develop its own recruit-     elects to participate in the FSS
                                                                                         and partnerships with local private                        ment and selection procedures for        program’’ (24 CFR 984.103(b)).
                                                                                         and public agencies and service                            its FSS program(s).                      The Agency may not make FSS
                                                                                         providers to leverage expertise                                                                     participation mandatory for individ-
                                                                                         and funding. In implementing this                                                                   uals that do not meet the definition
                                                                                         waiver, the Agency must execute                                                                     of an eligible family at Section
                                                                                         a contract of participation, or other                                                               23(n)(3) of the U.S. Housing Act
                                                                                         locally developed agreement, that                                                                   of 1937 (1937 Act) (42 U.S.C.
                                                                                         is at least 5 years but no more                                                                     1437u(n)(3)), and those exempted
                                                                                         than 10 years. However, notwith-                                                                    from the Community Service Re-
                                                                                         standing the above, any funds                                                                       quirement        under        Section
                                                                                         granted pursuant to a competition                                                                   12(c)(2)(A), (B), (D) and (E) of the
                                                                                         must be used in accordance with                                                                     1937        Act,       42      U.S.C.
                                                                                         the NOFA and the approved appli-                                                                    1437j(c)(2)(A), (B), (D), and (E). If
                                                                                         cation and work plan.                                                                               the Agency requires FSS partici-
                                                                                                                                                                                             pation as a condition for housing
                                                                                                                                                                                             subsidy, a hardship policy and im-
                                                                                                                                                                                             pact analysis must be developed
                                                                                                                                                                                             and adopted in accordance with
                                                                                                                                                                                             MTW guidance prior to the imple-
                                                                                                                                                                                             mentation of the activity. If an
                                                                                                                                                                                             Agency terminates the housing
                                                                                                                                                                                             subsidy or tenancy of a family for
                                                                                                                                                                                             alleged violation of mandatory
                                                                                                                                                                                             FSS participation, the family will
                                                                                                                                                                                             be entitled to a hearing under the
                                                                                                                                                                                             Agency’s Grievance Procedure
                                                                                                                                                                                             (24 CFR part 966, subpart B). An
                                                                                                                                                                                             Agency may not include current
                                                                                                                                                                                             work status, work history and/or
                                                                                                                                                                                             source of income as part of the
                                                                                                                                                                                             selection criteria. ‘‘Family’’ is not
                                                                                                                                                                                             limited to families with a member
                                                                                                                                                                                             who is able to work full time, but is
                                                                                                                                                                                             defined broadly so as not to ex-
                                                                                                                                                                                             clude families with a member who
                                                                                                                                                                                             is disabled but able to work, dis-
                                                                                                                                                                                             abled but unable to work, or work-
                                                                                                                                                                                             ing as a caregiver for a family
                                                                                                                                                                                             member with a disability.
                                                                                                                                                  Modify or Eliminate the Contract of      The Agency may modify the terms of
                                                                                                                                                   Participation (Both): The Agency is       the contract of participation to
                                                                                                                                                   authorized to modify the terms of,        align with adjustments made to its
                                                                                                                                                   or eliminate the contract of partici-     FSS program(s) using MTW flexi-
                                                                                                                                                   pation, in lieu of a local form.          bility. Further, the Agency may
                                                                                                                                                                                             discontinue use of the contract of
                                                                                                                                                                                             participation and instead employ a
                                                                                                                                                                                             locally-developed agreement that
                                                                                                                                                                                             codifies the terms of participation.
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                                               20914                           Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices

                                                                                                   APPENDIX A EXCERPT—Continued
                                                  [Note: Comments are being accepted on the original notice and appendices published at 82 FR 8056 (January 23, 2017) until the comment
                                                   deadline in this notice. These excerpts from Appendices A and B are provided to show the context of the changes described in this notice]

                                                                                                                          Regulations
                                                    No.         Waiver name              Waiver description                                       Available activities                       Parameters
                                                                                                                            waived

                                                                                                                                         Policies for Addressing Increases in   Consistent with the goals and struc-
                                                                                                                                           Family Income (Both): The Agency       ture of its MTW FSS program, the
                                                                                                                                           is authorized to set its own poli-     Agency can set policies for wheth-
                                                                                                                                           cies for addressing increases in       er income increases are recog-
                                                                                                                                           family income during participation     nized for purposes of increasing
                                                                                                                                           in the FSS program.                    rent or changing the amount of
                                                                                                                                                                                  funds moved to escrow/savings
                                                                                                                                                                                  through the program. The Agency
                                                                                                                                                                                  may not use income increases
                                                                                                                                                                                  during participation in the FSS
                                                                                                                                                                                  program to change a family’s eligi-
                                                                                                                                                                                  bility status for purposes of partici-
                                                                                                                                                                                  pation in the FSS program or for
                                                                                                                                                                                  the receipt public housing or HCV
                                                                                                                                                                                  assistance.
                                                                                                                                         Calculating FSS Credits (Both): The    The Agency may set policies to
                                                                                                                                           Agency is authorized to create al-     defer income increases to savings
                                                                                                                                           ternative methods for computing        OR to allow participants to earn
                                                                                                                                           the family’s FSS credit.               savings deposits based on meet-
                                                                                                                                                                                  ing certain program milestones.
                                                                                                                                                                                  Such policies must be made clear
                                                                                                                                                                                  to participants in writing prior to
                                                                                                                                                                                  starting their participation in the
                                                                                                                                                                                  program.
                                                                                                                                         Disbursement of Savings (Both): The    Consistent with the goals and struc-
                                                                                                                                           Agency may set its own policies        ture of its MTW FSS program, the
                                                                                                                                           for when savings funds can be          Agency can set policies for when
                                                                                                                                           disbursed to participants.             savings are disbursed to partici-
                                                                                                                                                                                  pants. This could mean all funds
                                                                                                                                                                                  are disbursed at once, or at cer-
                                                                                                                                                                                  tain key points of participation.
                                                                                                                                                                                  Such policies must be made clear
                                                                                                                                                                                  to participants in writing prior to
                                                                                                                                                                                  starting their participation in the
                                                                                                                                                                                  program.
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                                                                                        Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices                                                              20915

                                                                                                                             APPENDIX B EXCERPT
                                                       No.               Waiver name             Waiver description               Regulations waived              Available activities                      Parameters

                                                                                                                       Activities Related to Public Housing

                                               3 .....................   PH—Work        The Agency is authorized to im-       Certain provisions of       Work Requirement (PH): The            Residents must have the oppor-
                                                                          Require-        plement a requirement that a          Section 3 of the 1937      Agency may implement a work            tunity to utilize the provisions of
                                                                          ments.          specified segment of its public       Act and 24 CFR             requirement for public housing         the Agency’s Grievance Proce-
                                                                                          housing residents work as a           960.206.                   residents between the ages of          dure to resolve a dispute re-
                                                                                          condition of tenancy subject to                                  18 and 61. The requirement             garding a determination that a
                                                                                          subject to all applicable Fair                                   shall be no less than 15 hours         resident has failed to comply
                                                                                          Housing Requirements and the                                     of work per week and no more           with the work requirement. The
                                                                                          mandatory admission and pro-                                     than 30 hours of work per              Agency must update its ACOP
                                                                                          hibition requirements imposed                                    week. Work requirements shall          to include a description of the
                                                                                          by sections 576–578 of the                                       not be applied to exclude, or          circumstances in which resi-
                                                                                          Quality Housing and Work Re-                                     have the effect of excluding,          dents shall be exempt for the
                                                                                          sponsibility Act of 1998 and                                     the admission of or participa-         requirement and hardship poli-
                                                                                          Section 428 of Public Law                                        tion by persons with disabilities      cies. The ACOP should include
                                                                                          105–276. Those individuals ex-                                   or families that include persons       a description of what is consid-
                                                                                          empt from the Community                                          with disabilities. Work require-       ered work as well as other ac-
                                                                                          Service Requirement in accord-                                   ments shall not apply to person        tivities that shall be considered
                                                                                          ance with Section 12(c)(2)(A),                                   with disabilities or families that     acceptable substitutes for work.
                                                                                          (B), (D) and (E) of the 1937 Act                                 include persons with disabil-          Services, or referrals to serv-
                                                                                          are also exempt from the                                         ities. However, persons with           ices, must be provided by the
                                                                                          Agency’s work requirement.                                       disabilities and families that in-     Agency to support preparing
                                                                                                                                                           clude persons with disabilities        families to comply with this re-
                                                                                                                                                           must have equal access to the          quirement. The hardship policy
                                                                                                                                                           full range of program services         in the ACOP should apply to
                                                                                                                                                           and other incentives.                  residents who are actively try-
                                                                                                                                                                                                  ing to comply with the Agency’s
                                                                                                                                                                                                  work requirement, but are hav-
                                                                                                                                                                                                  ing difficulties obtaining work or
                                                                                                                                                                                                  an acceptable substitute. The
                                                                                                                                                                                                  ACOP should also describe the
                                                                                                                                                                                                  consequences of failure to
                                                                                                                                                                                                  comply with the work require-
                                                                                                                                                                                                  ment. Agencies may not imple-
                                                                                                                                                                                                  ment the PH-Work Require-
                                                                                                                                                                                                  ments Waiver on individuals
                                                                                                                                                                                                  exempted from the Community
                                                                                                                                                                                                  Service Requirement under
                                                                                                                                                                                                  Section 12(c)(2)(A), (B), (D)
                                                                                                                                                                                                  and (E).
                                                                                                                                                                                                While the work requirements do
                                                                                                                                                                                                  not apply to persons with dis-
                                                                                                                                                                                                  abilities or families that include
                                                                                                                                                                                                  a person with disabilities, such
                                                                                                                                                                                                  persons and families are not
                                                                                                                                                                                                  precluded from working or en-
                                                                                                                                                                                                  gaging in substitute activities
                                                                                                                                                                                                  (such as caring for a family
                                                                                                                                                                                                  member who is disabled). Re-
                                                                                                                                                                                                  gardless of the level of engage-
                                                                                                                                                                                                  ment with work or substitute
                                                                                                                                                                                                  activities, persons and families
                                                                                                                                                                                                  that include persons with dis-
                                                                                                                                                                                                  abilities must have equal ac-
                                                                                                                                                                                                  cess to services or referral to
                                                                                                                                                                                                  services to support their efforts
                                                                                                                                                                                                  to obtain work or an acceptable
                                                                                                                                                                                                  substitute, and any other serv-
                                                                                                                                                                                                  ices or other incentives associ-
                                                                                                                                                                                                  ated with the program.
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                                               20916                                    Federal Register / Vol. 82, No. 85 / Thursday, May 4, 2017 / Notices

                                                                                                                  APPENDIX B EXCERPT—Continued
                                                       No.               Waiver name             Waiver description               Regulations waived              Available activities                      Parameters

                                                                                                                 Activities Related to Housing Choice Vouchers

                                               6 .....................   HCV &        The Agency is authorized to im-        Certain provisions of        Work Requirement (HCV & PBV):         The Agency must update its Ad-
                                                                          PBV—          plement a requirement that a           Sections 8(o)(7)(a),        The Agency may implement a             ministrative Plan to include a
                                                                          Work Re-      specified segment of its HCV           8(o)(13)(F), and            work requirement for HCV and           description       of    the    cir-
                                                                          quirements.   and PBV residents work as a            8(o)(13)(G) of the          PBV residents between the              cumstances in which families
                                                                                        condition of tenancy subject to        1937 Act and 24             ages of 18 and 61. The re-             shall be exempt from the re-
                                                                                        all applicable Fair Housing Re-        CFR 982.303,                quirement shall be no less than        quirement. The Administrative
                                                                                        quirements.                            982.309 and 983             15 hours of work per week and          Plan must also include a hard-
                                                                                                                               Support F.                  no more than 30 hours of work          ship policy. The Administrative
                                                                                                                                                           per week. The Agency shall             Plan should include a descrip-
                                                                                                                                                           provide supportive services to         tion of what is considered work
                                                                                                                                                           assist families obtain employ-         as well as other activities that
                                                                                                                                                           ment or an acceptable sub-             shall be considered acceptable
                                                                                                                                                           stitute. Work requirements shall       substitutes for work. Services,
                                                                                                                                                           not be applied to exclude, or          or referrals to services, must
                                                                                                                                                           have the effect of excluding,          be provided by the Agency to
                                                                                                                                                           the admission of or participa-         support preparing families for
                                                                                                                                                           tion by persons with disabilities      the termination of assistance.
                                                                                                                                                           or families that include persons       The hardship policy in the Ad-
                                                                                                                                                           with disabilities. Work require-       ministrative Plan should apply
                                                                                                                                                           ments shall not apply to per-          to families who are actively try-
                                                                                                                                                           sons with disabilities or families     ing to comply with the Agency’s
                                                                                                                                                           that include persons with dis-         work requirement, but are hav-
                                                                                                                                                           abilities. However, persons with       ing difficulties obtaining work or
                                                                                                                                                           disabilities and families that in-     an acceptable substitute. The
                                                                                                                                                           clude persons with disabilities        Administrative Plan should also
                                                                                                                                                           must have equal access to the          describe the consequences of
                                                                                                                                                           full range of program services         failure to comply with the work
                                                                                                                                                           and other incentives.                  requirement.



                                               [FR Doc. 2017–09139 Filed 5–3–17; 8:45 am]                       the Interior, through the BLM, on a                        FOR FURTHER INFORMATION CONTACT:
                                               BILLING CODE 4210–67–P                                           variety of planning and management                         Collin Ewing, Advisory Council
                                                                                                                issues associated with public land                         designated Federal Official, (970) 244–
                                                                                                                management in BLM’s Albuquerque                            3049; or by email at cewing@blm.gov.
                                               DEPARTMENT OF THE INTERIOR                                       District. Additional information is                        Persons who use a telecommunications
                                                                                                                available in the meeting notice                            device for the deaf (TDD) may call the
                                               Bureau of Land Management                                        published on April 10, 2017 (82 FR                         Federal Relay Service (FRS) at 1–800–
                                                                                                                17277).                                                    877–8339 to leave a message or question
                                               [17X LLWO600000.L18200000.XP0000]
                                                                                                                  Authority: 5 U.S.C. Appendix 2.                          for Mr. Ewing. The FRS is available 24
                                               Albuquerque District Resource                                    Patrick Wilkinson,
                                                                                                                                                                           hours a day, 7 days a week. You will
                                               Advisory Council; Postponement of                                                                                           receive a reply during normal business
                                                                                                                Acting Assistant Director, Communications.
                                               Meeting                                                                                                                     hours.
                                                                                                                [FR Doc. 2017–09006 Filed 5–3–17; 8:45 am]
                                               AGENCY:          Bureau of Land Management,                      BILLING CODE 4310–84–P                                     SUPPLEMENTARY INFORMATION:    The 10-
                                               Interior.                                                                                                                   member council advises the Secretary of
                                               ACTION: Notice.                                                                                                             the Interior, through the BLM, on a
                                                                                                                DEPARTMENT OF THE INTERIOR                                 variety of planning and management
                                               SUMMARY:   The May 1, 2017,                                                                                                 issues associated with the Resource
                                               Albuquerque District Resource Advisory                           Bureau of Land Management                                  Management Plan process for the
                                               Council meeting has been postponed.                                                                                         Dominguez-Escalante NCA and
                                               DATES: The meeting was scheduled for                             [17X LLWO600000.L18200000.XP0000]                          Dominguez Canyon Wilderness.
                                               May 1, 2017, in Socorro, New Mexico,                                                                                        Additional information is available in
                                               and will be rescheduled at a later date.                         Dominguez-Escalante National
                                                                                                                Conservation Area Advisory Council,                        the meeting notice published on April
                                               We will publish a future notice with the                                                                                    12, 2017 (82 FR 17683).
                                               new meeting date and location.                                   Colorado; Postponement of Meeting
                                                                                                                                                                              Authority: 5 U.S.C. Appendix 2.
                                               FOR FURTHER INFORMATION CONTACT: Jack                            AGENCY:    Bureau of Land Management,
                                               River, Forester, BLM Albuquerque                                 Interior.                                                  Patrick Wilkinson,
                                               District Office, (505) 761–8755; or by                           ACTION:  Notice.                                           Acting Assistant Director, Communications.
                                               email at jriver@blm.gov. Persons who                                                                                        [FR Doc. 2017–09009 Filed 5–3–17; 8:45 am]
                                               use a telecommunications device for the                          SUMMARY:   The May 3, 2017, Dominguez-
                                                                                                                                                                           BILLING CODE 4310–84–P
                                               deaf (TDD) may call the Federal Relay                            Escalante National Conservation Area
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                                               Service (FRS) at 1–800–877–8339 to                               (NCA) Advisory Council meeting has
                                               leave a message or question for Mr.                              been postponed.
                                               River. The FRS is available 24 hours a                           DATES: The meeting was scheduled for
                                               day, 7 days a week. You will receive a                           May 3, 2017, in Delta, Colorado, and
                                               reply during normal business hours.                              will be rescheduled at a later date. We
                                               SUPPLEMENTARY INFORMATION: The 10-                               will publish a future notice with the
                                               member council advises the Secretary of                          new meeting date and location.


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Document Created: 2017-05-04 01:49:15
Document Modified: 2017-05-04 01:49:15
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.
DatesComment due date: The comment deadline for the January 23, 2017 notice, as revised by this notice, is June 5, 2017.
ContactMarianne Nazzaro, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th
FR Citation82 FR 20912 

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