82_FR_41806 82 FR 41637 - Fair Market Rents for the Housing Choice Voucher Program, Moderate Rehabilitation Single Room Occupancy Program, and Other Programs Fiscal Year 2018 and Adoption of Methodology Changes for Estimating Fair Market Rents

82 FR 41637 - Fair Market Rents for the Housing Choice Voucher Program, Moderate Rehabilitation Single Room Occupancy Program, and Other Programs Fiscal Year 2018 and Adoption of Methodology Changes for Estimating Fair Market Rents

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 82, Issue 169 (September 1, 2017)

Page Range41637-41645
FR Document2017-18431

Section 8(c)(1) of the United States Housing Act of 1937 (USHA), as amended by the Housing Opportunities Through Modernization Act of 2016 (HOTMA), requires the Secretary to publish FMRs not less than annually, adjusted to be effective on October 1 of each year. Section 8(c)(1)(B) of USHA, as amended by HOTMA, requires that HUD publish for comment a notice of proposed material changes in the methodology for estimating FMRs and a notice containing HUD's final decisions regarding such proposed substantial methodological changes. On May 26, 2017, HUD published a notice proposing changes to the methodology used for estimating FMRs and requested public comment. This notice adopts HUD's May 26, 2017 proposed material changes to the methodology for estimating FMRs and notifies interested parties that FY 2018 FMRs are available at www.huduser.gov. This notice also describes the methods used to calculate the FY 2018 FMRs and enumerates the procedures for Public Housing Agencies (PHAs) and other interested parties to request reevaluations of their FMRs as required by HOTMA. Lastly, this notice responds to public comments HUD received on its May 26, 2017 notice.

Federal Register, Volume 82 Issue 169 (Friday, September 1, 2017)
[Federal Register Volume 82, Number 169 (Friday, September 1, 2017)]
[Notices]
[Pages 41637-41645]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-18431]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6021-N-02]


Fair Market Rents for the Housing Choice Voucher Program, 
Moderate Rehabilitation Single Room Occupancy Program, and Other 
Programs Fiscal Year 2018 and Adoption of Methodology Changes for 
Estimating Fair Market Rents

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

ACTION: Notice of Fiscal Year (FY) 2018 Fair Market Rents (FMRs) and 
adoption of methodology changes for estimating FMRs.

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SUMMARY: Section 8(c)(1) of the United States Housing Act of 1937 
(USHA), as amended by the Housing Opportunities Through Modernization 
Act of 2016 (HOTMA), requires the Secretary to publish FMRs not less 
than annually, adjusted to be effective on October 1 of each year. 
Section 8(c)(1)(B) of USHA, as amended by HOTMA, requires that HUD 
publish for comment a notice of proposed material changes in the 
methodology for estimating FMRs and a notice containing HUD's final 
decisions regarding such proposed substantial methodological changes. 
On May 26, 2017, HUD published a notice proposing changes to the 
methodology used for estimating FMRs and requested public comment.
    This notice adopts HUD's May 26, 2017 proposed material changes to 
the methodology for estimating FMRs and notifies interested parties 
that FY 2018 FMRs are available at www.huduser.gov. This notice also 
describes the methods used to calculate the FY 2018 FMRs and enumerates 
the procedures for Public Housing Agencies (PHAs) and other interested 
parties to request reevaluations of their FMRs as required by HOTMA. 
Lastly, this notice responds to public comments HUD received on its May 
26, 2017 notice.

DATES: 
    Comment Due Date: October 2, 2017.
    Applicability Date: October 2, 2017 unless HUD receives a request 
for reevaluation of specific area FMRs as described below.

ADDRESSES: HUD invites interested persons to submit comments regarding 
the FMRs and to request reevaluation of the FY 2018 FMRs to the 
Regulations Division, Office of General Counsel, Department of Housing 
and Urban Development, 451 Seventh Street SW., Room 10276, Washington, 
DC 20410-0001. Communications must refer to the above docket number and 
title and should contain the information specified in the ``Request for 
Comments/Request for Reevaluation'' section. There are two methods for 
submitting public comments.
    1. Submission of Comments by Mail. Comments or requests for 
reevaluation may be submitted by mail to the Regulations Division, 
Office of General Counsel, Department of Housing and Urban Development, 
451 7th Street SW., Room 10276, Washington, DC 20410-0500. Due to 
security measures at all federal agencies, however, submission of 
comments by mail often results in delayed delivery. To ensure timely 
receipt of comments or reevaluation requests, HUD recommends that 
comments or requests submitted by mail be submitted at least two weeks 
in advance of the deadline. HUD will make all comments or reevaluation 
requests received by mail available to the public at http://www.regulations.gov.
    2. Electronic Submission of Comments. Interested persons may submit 
comments or reevaluation requests electronically through the Federal 
eRulemaking Portal at http://www.regulations.gov. HUD strongly 
encourages commenters to submit comments or reevaluation requests 
electronically. Electronic submission of comments or reevaluation 
requests allows the author maximum time to prepare and submit a comment 
or reevaluation request, ensures timely receipt by HUD, and enables HUD 
to make them immediately available to the public. Comments or 
reevaluation requests submitted electronically through the http://www.regulations.gov Web site can be viewed by other submitters and 
interested members of the public. Commenters or reevaluation requestors 
should follow instructions provided on that site to submit comments or 
reevaluation requests electronically.

    Note:  To receive consideration as public comments or 
reevaluation requests, comments or requests must be submitted 
through one of the two methods specified above. Again, all 
submissions must refer to the docket number and title of the notice.

    No Facsimile Comments or Reevaluation Requests. Facsimile (FAX) 
comments or requests for FMR reevaluation are not acceptable.
    Public Inspection of Public Comments and Reevaluation Requests. All 
properly submitted comments and reevaluation requests and 
communications regarding this notice submitted to HUD will be available 
for public inspection and copying between 8 a.m. and 5 p.m. weekdays at 
the above address. Due to security measures at the HUD Headquarters 
building, an advance appointment to review the public comments and 
reevaluation requests must be scheduled by calling the Regulations 
Division at 202-708-3055 (this is not a toll-free number). Individuals 
with speech or hearing impairments may access this number through TTY 
by calling the Federal Relay Service at 800-877-8339 (toll-free 
number). Copies of all comments and reevaluation requests submitted are 
available for inspection and downloading at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: For technical information on the 
methodology used to develop FMRs or a listing of all FMRs, please call 
the HUD USER information line at 800-245-2691 or access the information 
on the HUD USER Web site http://www.huduser.gov/portal/datasets/fmr.html. FMRs are listed at the 40th or 50th percentile in Schedule B. 
For informational purposes, 40th percentile rents for the areas with 
50th percentile FMRs will be provided in the HUD FY 2018 FMR 
documentation system at https://www.huduser.gov/portal/datasets/fmr.html#2018_query and 50th percentile rents for all FMR areas will be 
published at http://www.huduser.gov/portal/datasets/50per.html.
    Questions related to use of FMRs or voucher payment standards 
should be directed to the respective local HUD program staff. Questions 
on how to conduct FMR surveys may be addressed to Marie L. Lihn or 
Peter B. Kahn of the Economic and Market Analysis Division, Office of 
Economic Affairs, Office of Policy Development and Research at HUD 
headquarters, 451 7th Street SW., Room 8208, Washington, DC 20410; 
telephone number 202-402-2409 (this is not a toll-free number), or they 
may be reached at [email protected]. Persons with hearing or speech 
impairments may access HUD numbers through TTY by calling the Federal 
Relay Service at 800-877-8339 (toll-free number).
    Electronic Data Availability. This Federal Register notice will be 
available electronically from the HUD User page at https://www.huduser.gov/portal/datasets/fmr.html. Federal Register notices also 
are available electronically from https://www.federalregister.gov/

[[Page 41638]]

the U.S. Government Printing Office Web site. Complete documentation of 
the methods and data used to compute each area's FY 2018 FMRs is 
available at https://www.huduser.gov/portal/datasets/fmr.html#2018_query. FY 2018 FMRs are available in a variety of 
electronic formats at https://www.huduser.gov/portal/datasets/fmr.html. 
FMRs may be accessed in PDF as well as in Microsoft Excel. Small Area 
FMRs based on FY 2018 Metropolitan Area Rents for the Dallas, TX HUD 
Metro FMR Area are available in Microsoft Excel format at the same web 
address. Small Area FMRs for all other metropolitan FMR areas are 
available at: http://www.huduser.gov/portal/datasets/fmr/smallarea/index.html.

SUPPLEMENTARY INFORMATION:

I. Background

    Section 8 of the USHA (42 U.S.C. 1437f) authorizes housing 
assistance to aid lower-income families in renting safe and decent 
housing. Housing assistance payments are limited by FMRs established by 
HUD for different geographic areas. In the Housing Choice Voucher (HCV) 
program, the FMR is the basis for determining the ``payment standard 
amount'' used to calculate the maximum monthly subsidy for an assisted 
family. See 24 CFR 982.503. HUD also uses the FMRs to determine initial 
renewal rents for some expiring project-based Section 8 contracts, 
initial rents for housing assistance payment contracts in the Moderate 
Rehabilitation Single Room Occupancy program, rent ceilings for rental 
units in both the HOME Investment Partnerships program and the 
Emergency Solution Grants program, calculation of maximum award amounts 
for Continuum of Care recipients and the maximum amount of rent a 
recipient may pay for property leased with Continuum of Care funds, and 
calculation of flat rents in Public Housing units. In general, the FMR 
for an area is the amount that would be needed to pay the gross rent 
(shelter rent plus utilities) of privately owned, decent, and safe 
rental housing of a modest (non-luxury) nature with suitable amenities 
and is typically set at the 40th percentile of the distribution of 
gross rents. HUD's FMR calculations represent HUD's best effort to 
estimate the 40th percentile gross rents paid by recent movers into 
standard quality units in each FMR area. In addition, all rents 
subsidized under the HCV program must meet reasonable rent standards.
    As of October 2, 2000 (65 FR 58870), HUD required FMRs to be set at 
the 50th percentile for areas where HUD determined higher FMRs were 
needed to help families assisted under certain HUD programs find and 
lease decent and affordable housing. On November 16, 2016 (81 FR 
80567), HUD published a Final Rule entitled ``Establishing a More 
Effective Fair Market Rent System; Using Small Area Fair Market Rents 
in the Housing Choice Voucher Program Instead of the Current 50th 
Percentile FMRs'' (Small Area FMR final rule), with an effective date 
of January 17, 2017. The Small Area FMR final rule eliminates the 50th 
percentile FMR provisions in the FMR regulations (24 CFR 888.113)\1\ 
and provides that areas currently designated as 50th percentile areas 
remain 50th percentile areas until their current 3-year eligibility 
period expires. At the end of the 3-year eligibility period, these 
areas revert to 40th percentile FMR status. (If they meet the 
deconcentration criteria specified in 24 CFR 982.503(f), available at: 
https://www.thefederalregister.org/fdsys/pkg/CFR-2016-title24-vol4/pdf/CFR-2016-title24-vol4-sec982-503.pdf, they may petition HUD to maintain payment 
standards based on 50th percentile rents on that basis.)
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    \1\ Separately from the Small Area FMR regulations, HUD also 
calculates and published 50th percentile rent estimates for the 
purposes of Success Rate Payment Standards as defined at 24 CFR 
982.503(e) (estimates available at: http://www.huduser.gov/portal/datasets/50per.html), which policy was not changed by the Small Area 
FMR rule.
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    The following areas completed their 3 years of 50th percentile 
eligibility in FY 2017 and will revert to 40th percentile FMR status in 
FY 2018:

 FY 2017 50th-Percentile FMR Areas Reverting to 40th Percentile FMRs in
                                 FY 2018
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Albuquerque, NM Metropolitan Statistical Area (MSA).
Chicago-Joliet-Naperville, IL HUD Metro FMR Area.
Denver-Aurora-Broomfield, CO MSA.
Hartford-West Hartford-East Hartford, CT HUD Metro FMR Area.
Urban Honolulu, HI MSA.
Kansas City, MO-KS HUD Metro FMR Area.
Milwaukee-Waukesha-West Allis, WI MSA.
Riverside-San Bernardino-Ontario, CA MSA.
Tacoma, WA HUD Metro FMR Area.
Virginia Beach-Norfolk-Newport News, VA-NC MSA.
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    The following is a list of FMR areas that retain 50th percentile 
FMRs for FY 2018, along with the year that they will revert to 40th 
percentile status:

     FY 2018 50th-Percentile FMR Areas and Year of Reversion to 40th
                             Percentile FMRs
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Bergen-Passaic, NJ HUD Metro FMR Area........................       2020
Baltimore-Columbia-Towson, MD MSA............................       2019
Philadelphia-Camden-Wilmington, PA-NJ-DE-MD..................       2019
San Diego-Carlsbad-San Marcos, CA MSA........................       2020
Spokane, WA HUD Metro FMR Area...............................       2020
Washington, DC-VA-MD HUD Metro FMR Area......................       2019
West Palm Beach-Boca Raton, FL HUD Metro FMR Area............       2019
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II. Procedures for the Development of FMRs and Changes in FMR 
Methodology

    Section 8(c)(1) of the USHA, as amended by HOTMA (Pub. L. 114-201, 
approved July 29, 2016), requires the Secretary of HUD to publish FMRs 
not less than annually. Section 8(c)(1)(A) states that each FMR ``shall 
be adjusted to be effective on October 1 of each year to reflect 
changes, based on the most recent available data trended so the rentals 
will be current for the year to which they apply . . .'' Section 
8(c)(1)(B) requires that HUD publish, not less than annually, new FMRs 
on the World Wide Web or in any other manner specified by the 
Secretary, and that HUD must also notify the public of when it 
publishes FMRs by Federal Register notice. After notification, the FMRs 
``shall become effective no earlier than 30 days after the date of such 
publication,'' and HUD must provide a procedure for the public to 
comment and request a reevaluation of the FMRs in a jurisdiction before 
the FMRs become effective. Consistent with the statute, HUD is issuing 
this notice to notify the public that FY 2018 FMRs are available at 
https://www.huduser.gov/portal/datasets/fmr.html and will become 
effective on October 2, 2017. This notice also provides procedures for 
FMR reevaluation requests.
    In addition, Section 8(c)(1)(B) of the USHA, as amended by HOTMA, 
requires that HUD publish for comment in the Federal Register a notice 
of proposed material changes in the methodology for estimating FMRs and 
a notice containing HUD's final decisions regarding such proposed 
substantial methodological changes and responses to public comments. On 
May 26, 2017 (82 FR 24377), HUD published a Federal Register notice 
proposing changes to the methodology used to calculate FMRs (Changes to 
Methodology notice) with a comment period that ended on June 26, 2017. 
This notice contains HUD's final decisions on the proposed changes to

[[Page 41639]]

the FMR methodology and responses to public comments.
    In the Changes to Methodology notice, HUD proposed several 
methodological changes in the way that HUD calculates FMRs. Most of the 
changes focused on the way HUD assessed the statistical quality of the 
ACS estimates or on using as much local information as possible when 
calculating FMRs. The proposed changes were as follows:
     Add a ``number of observations'' criterion to the existing 
margin of error criterion when assessing the statistical reliability of 
ACS estimates.
     Use ``all-bedroom'' rents when calculating the recent 
mover factor when the two-bedroom rents are not statistically reliable 
before moving to a larger encompassing geography's two-bedroom recent 
mover rents for this factor.
     Calculate Small Area FMRs directly, rather than using the 
ratio method, when statistically reliable information at the ZIP Code 
Tabulation Area (ZCTA) level is available. The ratio method would still 
be used when statically reliable data was not available for individual 
ZCTAs.
     Link ZCTAs to the smallest metropolitan area available as 
their parent FMR area for the ratio method rather than defaulting to 
the Office of Management and Budget (OMB)--defined metropolitan area as 
the parent. This would allow HUD to take advantage of the differing 
recent mover factors available across subdivided OMB metropolitan areas 
(areas labeled as HUD Metro FMR Areas).
    In response to the Changes to Methodology notice, a total of 22 
individual comments were received and posted on the Regulations.gov 
site at https://www.regulations.gov/docket?D=HUD-2017-0033. Most of the 
comments that addressed the proposed methodology changes responded 
favorably to the changes. HUD provides responses to the public comments 
received later in this preamble (see section VII below). After 
considering all public comments received, HUD has decided to adopt all 
of the proposed methodology changes. HUD calculated the FY 2018 FMRs 
using the revised methodology incorporating the adopted changes.

III. FMR Methodology

    This section provides a brief overview of how HUD computes the FY 
2018 FMRs. For complete information on how HUD determines FMR areas, 
and on how HUD derives each area's FMRs, see the online documentation 
at https://www.huduser.gov/portal/datasets/fmr.html#2018_query.
    In conjunction with the use of 2015 American Community Survey (ACS) 
data, HUD has implemented the following geography changes: Effective 
May 1, 2015, Shannon County, South Dakota (state code 46, county code 
113) changed its name to Oglala Lakota County, South Dakota (state code 
46, county code 102) and effective July 1, 2015, the Wade Hampton 
Census Area, Alaska (state code 02, county code 270) changed its name 
to the Kusilvak Census Area, Alaska (state code 02, county code 158).

A. Base Year Rents

    For FY 2018 FMRs, HUD updates the base rents using the U.S. Census 
Bureau's 5-year ACS data collected between 2011 through 2015 (released 
in December of 2016). One of the changes proposed in the Changes to 
Methodology notice and adopted in this notice addresses the statistical 
reliability of the ACS data used in the FMR calculations. In prior 
years, HUD used ACS estimates where the margin of error of the estimate 
is less than half the size of the estimate itself. For FY 2018 FMRs, 
HUD now pairs this ``margin of error'' test with an additional test 
based on the number of survey observations supporting the estimate. The 
Census Bureau does not provide HUD with an exact count of the number of 
observations supporting the ACS estimate; rather, the Census Bureau 
provides HUD with categories of the number of survey responses 
underlying the estimate, including whether the estimate is based on 
more than 100 observations. Using these categories, HUD requires that, 
in addition to the ``margin of error'' test, ACS rent estimates must be 
based on at least 100 observations in order to be used as base rents.
    For areas in which the 5-year ACS data for two-bedroom, standard 
quality gross rents do not pass the statistical reliability tests 
(i.e., have a margin of error ratio greater than 50 percent or fewer 
than 100 observations), HUD will use an average of the base rents over 
the three most recent years (provided that there is data available for 
at least two of these years),\2\ or if such data is not available, 
using the two-bedroom rent data within the next largest geographic 
area, which for a non-metropolitan area would be the state non-metro 
area rent data.
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    \2\ For FY 2018, the three years of ACS data in question are 
2013, 2014 and 2015. The 2013 data are adjusted to be denominated in 
2015 dollars using the growth in CPI-based gross rents measured 
between 2013 and 2015. Similarly, the 2014 gross rent data is 
adjusted to 2015 denominated dollars using the growth in CPI-based 
gross rents measured between 2014 and 2015.
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    HUD has updated base rents each year based on new 5-year data since 
FY 2012, for which HUD used 2005-2009 ACS data. HUD is also updating 
base rents for Puerto Rico FMRs using the 2011-2015 Puerto Rico 
Community Survey (PRCS); HUD first updated the Puerto Rico base rents 
in FY 2014 based on 2007-2011 PRCS data collected through the ACS 
program.
    HUD historically based FMRs on gross rents for recent movers (those 
who have moved into their current residence in the last 24 months) 
measured directly. However, due to the way Census constructs the 5-year 
ACS data, HUD developed a new method for calculating recent-mover FMRs 
in FY 2012, which HUD continues to use in FY 2018: HUD assigns all 
areas a base rent, which is the two-bedroom standard quality 5-year 
gross rent estimate from the ACS; then, because HUD's regulations 
mandate that FMRs must be published as recent mover gross rents, HUD 
applies a recent mover factor to the base rents assigned from the 5-
year ACS data.\3\ The calculation of the recent mover factor is 
described below.
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    \3\ HUD's regulations incorporate recent mover data into FMR 
calculations because the gross rents of those who most recently 
moved into their units likely depicts the most current market 
conditions observable through the ACS. Rents paid by renters 
renewing existing leases may not reflect the most current market 
conditions, in part because these renters may have clauses within 
their leases that predetermine the annual increases in rents paid 
(i.e., rent escalator clauses).
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B. Recent Mover Factor

    Following the assignment of the standard quality two-bedroom rent 
described above, HUD applies a recent mover factor to these rents. HUD 
calculates the recent mover factor as the change between the 5-year 
2011-2015 standard quality two-bedroom gross rent and the 1 year 2015 
recent mover gross rent for the recent mover factor area. HUD does not 
allow recent mover factors to lower the standard quality base rent; 
therefore, if the 5-year standard quality rent is larger than the 
comparable 1-year recent mover rent, the recent mover factor is set to 
1.
    The calculation of the recent mover factor for FY 2018 contains 
several modifications that were proposed in the Changes to Methodology 
notice, and are now being adopted. The first change is the addition of 
a new test to determine the statistical reliability of the 1-year ACS 
recent mover data. The margin of error test is now paired with a count 
of observations test, similar to the test used for base rent data. 
Therefore, in order for a recent mover gross rent estimate to be

[[Page 41640]]

considered statistically reliable, the estimate must have a margin of 
error ratio that is less than 50 percent, and the estimate must be 
based on 100 or more observations.
    The second change incorporated into the FY 2018 recent mover factor 
calculation concerns the data used when an FMR area does not have 
statistically reliable two-bedroom recent mover data. In this 
circumstance, if the ``all-bedroom'' \4\ 1-year recent mover ACS data 
for the FMR area is statistically reliable, HUD will use the ``all-
bedroom'' data to calculate the recent mover factor instead of using 
two-bedroom data from the next larger geography. Incorporating ``all-
bedroom'' rents into the recent mover factor calculation when 
statistically reliable two-bedroom data is not available preserves the 
use of local information to the greatest extent possible.
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    \4\ ``All-bedroom'' refers to estimates aggregated together 
regardless of the number of bedrooms in the dwelling unit.
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    However, where statistically reliable ``all-bedroom'' data is not 
available, HUD will continue to base FMR areas' recent mover factors on 
larger geographic areas, following the same procedures as in FY 2017: 
HUD tests data from differently sized geographic areas in the following 
order (from small to large), and bases the recent mover factor on the 
first statistically reliable sample size.
     For metropolitan areas that are subareas of larger 
metropolitan areas, the order is the FMR area, metropolitan area, 
aggregated metropolitan parts of the state, and state.
     For metropolitan areas that are not divided, the order is 
the FMR area, aggregated metropolitan parts of the state, and state.
     In non-metropolitan areas, the order is the FMR area, 
aggregated non-metropolitan parts of the state, and state.
    The process for calculating each area's recent mover factor is 
detailed in the FY 2018 FMR documentation system available at: https://www.huduser.gov/portal/datasets/fmr.html#2018_query. Applying the 
recent mover factor to the standard quality base rent produces an ``as 
of'' 2015 recent mover two-bedroom base gross rent for the FMR area.

C. Other Rent Survey Data

    HUD calculated base rents for the insular areas using the 2010 
decennial census of American Samoa, Guam, the Northern Mariana Islands, 
and the Virgin Islands beginning with the FY 2016 FMRs.\5\ This 2010 
base year data was updated to 2013 for the FY 2016 FMRs and is updated 
through 2015 for the FY 2018 FMRs using national ACS data.
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    \5\ The ACS is not conducted in the Pacific Islands (Guam, 
Northern Marianas and American Samoa) or the US Virgin Islands. As 
part of the 2010 Decennial Census, the Census Bureau conducted 
``long-form'' sample surveys for these areas. The results gathered 
by this long form survey have been incorporated into the FY 2018 
FMRs.
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    HUD does not use ACS data to establish the base rent or recent 
mover factor for 12 areas where the FY 2018 FMR was adjusted based on 
survey data:
     Survey data collected in 2014 is used to adjust the FMRs 
for three non-metropolitan counties in Vermont (Bennington County, 
Windham County and Windsor County).
     Survey data from 2015 is used to adjust the FMRs for 
Portland, OR and Oakland, CA.
     Survey data from 2016 is used to adjust the FMRs for 
Burlington, VT; Kauai County, HI; Maui County, HI; San Francisco, CA; 
Portland, ME; and Vallejo-Fairfield, CA.
     Survey data from 2017 is used to adjust the FMR for Santa 
Rosa, CA.
    For larger metropolitan areas that have valid ACS one-year recent 
mover data, survey data may not be any older than the midpoint of the 
calendar year for the ACS one-year data. Since the ACS one-year data 
used for the FY 2018 FMRs is from 2015, larger areas may not use survey 
data collected before June 1, 2015 for the FY 2018 FMRs. Smaller areas 
without 1-year ACS data, including the above counties in Vermont, may 
continue to use local survey data until the mid-point of the 5-year ACS 
data is more recent than the local survey.\6\
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    \6\ The 2012-2016 5-Year ACS data and the 2016 1-Year ACS data 
will be used to calculate the FY 2019 FMRs. These data will be more 
current than the 2014 data from the Vermont survey areas and the 
2015 survey data in Portland, OR and Oakland, CA. Consequently, the 
2016 ACS information will be used to calculate FMRs in these areas 
in FY 2019.
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D. Updates From 2015 to 2016 and Forecast to FY 2018

    HUD updates the ACS-based ``as of'' 2015 rent through the end of 
2016 using the annual change in gross rents measured through the CPI 
from 2015 to 2016 (CPI update factor). As in previous years, HUD uses 
local CPI data coupled with Consumer Expenditure Survey data for FMR 
areas with at least 75 percent of their population within Class A 
metropolitan areas covered by local CPI data. In FMR areas that don't 
meet this criterion, including Class B and C size metropolitan areas 
and non-metropolitan areas, HUD uses CPI data aggregated at the Census 
region level. Additionally, HUD is using CPI data collected locally in 
Puerto Rico as the basis for CPI adjustments from 2015 to 2016 for all 
Puerto Rico FMR areas.
    Following the application of the appropriate CPI update factor, HUD 
trends the gross rent estimate from 2016 to FY 2018 using a national 
forecast of expected growth in gross rents. This forecast produces ``as 
of'' FY 2018 FMRs.

E. Bedroom Rent Adjustments

    HUD updates the bedroom ratios used in the calculation of FMRs 
annually. The bedroom ratios which HUD used in the calculation of FY 
2018 FMRs have been updated using average data from three five-year ACS 
data series (2009-2013, 2010-2014, and 2011-2015). The bedroom ratio 
methodology used in this update is unchanged from previous calculations 
using 2000 Census data. HUD only uses estimates with a margin of error 
ratio of less than 50 percent. If an area does not have reliable 
estimates in at least two of the previous three ACS releases, bedroom 
ratios for the area's larger parent geography are used.
    HUD uses two-bedroom units for its primary calculation of FMR 
estimates. This is generally the most common size of rental unit and, 
therefore, the most reliable to survey and analyze. After estimating 
two-bedroom FMRs, HUD calculates bedroom ratios for each FMR area which 
relate the prices of smaller and larger units to the cost of two-
bedroom units. To prevent illogical results in particular FMR areas, 
HUD establishes bedroom interval ranges which set upper and lower 
limits for bedroom ratios nationwide, based on an analysis of the range 
of such intervals for all areas with large enough samples to permit 
accurate bedroom ratio determinations.
    In the calculation of FY 2018 FMR estimates, HUD set the bedroom 
interval ranges as follows: Efficiency FMRs are constrained to fall 
between 0.64 and 0.85 of the two-bedroom FMR; one-bedroom FMRs must be 
between 0.75 and 0.87 of the two-bedroom FMR; three-bedroom FMRs (prior 
to the adjustments described below) must be between 1.15 and 1.34 of 
the two-bedroom FMR; and four-bedroom FMRs (again, prior to adjustment) 
must be between 1.26 and 1.64 of the two-bedroom FMR. Given that these 
interval ranges partially overlap across bedroom sizes, HUD further 
adjusts bedroom ratios for a given FMR area, if necessary, to ensure 
that higher bedroom-count units have higher rents than lower bedroom-
count units within that area. The bedroom ratios for Puerto Rico follow 
these constraints.

[[Page 41641]]

    HUD also further adjusts the rents for three-bedroom and larger 
units to reflect HUD's policy to set higher rents for these units.\7\ 
This adjustment is intended to increase the likelihood that the largest 
families, who have the most difficulty in leasing units, will be 
successful in finding eligible program units. The adjustment adds 8.7 
percent to the unadjusted three-bedroom FMR estimates and adds 7.7 
percent to the unadjusted four-bedroom FMR estimates.
---------------------------------------------------------------------------

    \7\ As mentioned above, HUD applies the interval ranges for the 
three-bedroom and four-bedroom FMR ratios prior to making these 
adjustments. In other words, the adjusted three- and four-bedroom 
FMRs can exceed the interval ranges, but the unadjusted FMRs cannot.
---------------------------------------------------------------------------

    HUD derives FMRs for units with more than four bedrooms by adding 
15 percent to the four-bedroom FMR for each extra bedroom. For example, 
the FMR for a five-bedroom unit is 1.15 times the four-bedroom FMR, and 
the FMR for a six-bedroom unit is 1.30 times the four-bedroom FMR. 
Similarly, HUD derives FMRs for single-room occupancy units by 
subtracting 25 percent from the zero-bedroom FMR (i.e., they are set at 
0.75 times the zero-bedroom (efficiency) FMR).\8\
---------------------------------------------------------------------------

    \8\ As established in the interim rules implementing the 
provisions of the Quality Housing and Work Responsibility Act of 
1998 (Title V of the FY 1999 HUD Appropriations Act; Pub. L. 105-
276). In 24 CFR 982.604.
---------------------------------------------------------------------------

F. Limit on FMR Decreases

    Within the Small Area FMR final rule published on November 16, 
2016, HUD amended 24 CFR 888.113 to include a limit on the amount that 
FMRs may annually decrease. The current year's FMRs resulting from the 
application of the bedroom ratios, as discussed in section (E) above, 
may be no less than 90 percent of the prior year's FMRs for units with 
the same number of bedrooms. Accordingly, if the current year's FMRs 
are less than 90 percent of the prior year's FMRs as calculated by the 
above methodology, HUD sets the current year's FMRs equal to 90 percent 
of the prior year's FMRs. For areas using Small Area FMRs in the 
administration of their voucher programs (i.e., Dallas and the 
demonstration PHAs who opted to continue using Small Area FMRs), the FY 
2018 Small Area FMRs may be no less than 90 percent of the FY 2017 
Small Area FMRs. For all other metropolitan areas, for which Small Area 
FMRs are calculated so that they may be used for other allowable 
purposes if desired (e.g., exception payment standards, public housing 
flat rents), the FY 2018 Small Area FMRs may be no less than 90 percent 
of the FY 2017 metropolitan area-wide FMRs.

IV. Manufactured Home Space Surveys

    HOTMA changed the manner in which vouchers are used to subsidize 
manufactured home units. Please see HUD's Notice from January 18, 2017 
(82 FR 5458) for more detailed information concerning the use of 
vouchers for manufactured home units. Due to the nature of these 
changes, HUD will no longer be publishing exception rents for 
Manufactured Home Space pad rents.

V. Small Area FMRs

    PHAs in the Dallas, TX HUD Metro FMR Area (HMFA) \9\ continue to 
use Small Area FMRs per the terms of a court-entered settlement. These 
Small Area FMRs are listed in the Schedule B addendum. Other 
metropolitan PHAs interested in using Small Area FMRs in the operation 
of their Housing Choice Voucher program should contact their local HUD 
field office to request approval from HUD to do so.
---------------------------------------------------------------------------

    \9\ The Dallas, TX HMFA is also known as the Dallas-Plano-
Irving, Texas Metro Division. This area is comprised of the 
following Texas counties: Collin, Dallas, Denton, Ellis, Hunt, 
Kaufman, and Rockwall.
---------------------------------------------------------------------------

    As proposed in the Changes to Methodology notice, HUD is also 
making changes in the manner in which FY 2018 Small Area FMRs are 
calculated. In order to use more local data, HUD is calculating Small 
Area FMRs directly from the standard quality gross rents provided to 
HUD by the Census Bureau for ZIP Code Tabulation Areas (ZCTAs), when 
such data is statistically reliable, instead of using the current rent 
ratio calculation. The ZCTA two-bedroom equivalent 40th percentile 
gross rent is analogous to the standard quality base rents set for 
metropolitan areas and non-metropolitan counties. For each ZCTA with 
statistically reliable gross rent estimates, using the expanded test of 
statistical reliability noted previously in this notice (i.e., 
estimates with margins of error ratios below 50 percent and based on at 
least 100 observations), HUD will calculate a two-bedroom equivalent 
40th percentile gross rent using the first statistically reliable gross 
rent distribution data from the following data sets (in this order): 
two-bedroom gross rents, one-bedroom gross rents, and three-bedroom 
gross rents. If either the one-bedroom or three-bedroom gross rent data 
is used because the two-bedroom gross rent data is not statistically 
reliable, the one-bedroom or three-bedroom 40th percentile gross rent 
will be converted to a two-bedroom equivalent rent using the bedroom 
ratios for the ZCTA's parent metropolitan area. In order to add 
increased stability to these Small Area FMR estimates, HUD will average 
the latest three years of gross rent estimates.\10\
---------------------------------------------------------------------------

    \10\ For example, for FY 2018 FMRs using this methodology, HUD 
would average the gross rents from 2013, 2014 and 2015 5-Year ACS 
estimates. The 2013 and 2014 gross rent estimates would be adjusted 
to 2015 dollars using the metropolitan area's gross rent CPI 
adjustment factors.
---------------------------------------------------------------------------

    For ZCTAs without usable gross rent data by bedroom size, HUD will 
continue to calculate Small Area FMRs using the rent ratio method 
similar to that HUD has used in past Small Area FMR calculations. To 
calculate Small Area FMRs using a rent ratio, HUD divides the median 
gross rent across all bedrooms for the small area (a ZIP code) by the 
similar median gross rent for the metropolitan area of the ZIP code. In 
small areas where the median gross rent is not statistically reliable, 
HUD substitutes the median gross rent for the county containing the ZIP 
code in the numerator of the rent ratio calculation. HUD multiplies 
this rent ratio by the current two-bedroom rent for the metropolitan 
area containing the small area to generate the current year two-bedroom 
rent for the small area.
    Similar to other changes described in this notice, HUD is changing 
the linkage between the small area and its containing metropolitan area 
as proposed in the May 26, 2017 Federal Register notice. For FY 2018 
HUD is linking each ZCTA to its published FMR area; that is, each ZCTA 
is linked to its parent HMFA, if it exists, rather than link the ZCTA 
to its parent OMB-defined metropolitan area (Core-Based Statistical 
Area, or CBSA) as was previously done. If no parent HUD FMR area 
exists, the ZCTA will continue to be linked to its parent CBSA. This 
change is implemented to take advantage of the more localized recent 
mover factors for subareas of OMB-defined metropolitan areas when 
available.
    As in FY 2017, HUD continues to use a rolling average of ACS data 
in calculating the Small Area FMR rent ratios. HUD believes coupling 
the most current data with previous year's data minimizes excessive 
year-to-year variability in Small Area FMR rent ratios due to sampling 
variance. Therefore, for FY 2018 Small Area FMRs, HUD has updated the 
rent ratios to use an average of the rent ratios calculated from the 
2009-2013, 2010-2014, and 2011-2015 5-year ACS estimates.

VI. Request for Public Comments and FMR Reevaluations

    HUD will continue to accept public comments on the methods HUD uses 
to calculate FY 2018 FMRs, including

[[Page 41642]]

Small Area FMRs and the FMR levels for specific areas. Due to its 
current funding levels, HUD no longer has sufficient resources to 
conduct local surveys of rents to address comments filed regarding the 
FMR levels for specific areas. PHAs may continue to fund such surveys 
independently, as specified below, using administrative fees if they so 
choose.) HUD continually strives to calculate FMRs that meet the 
statutory requirement of using ``the most recent available data'' while 
also serving as an effective program parameter.
    PHAs or other interested parties interested in requesting HUD 
reevaluation of its FY 2018 FMRs, as provided for under section 
8(c)(1)(B) of USHA, must follow the following procedures:
    1. By the end of the comment period, such reevaluation requests 
must be submitted publicly through www.regulations.gov or directly to 
HUD as described above. PHAs representing at least half of the voucher 
tenants in multijurisdictional areas must agree that the re-evaluation 
is necessary.
    2. In order for a reevaluation to occur, the requestor(s) must 
supply HUD with data more recent than the 2015 American Community 
Survey data used in the calculation of the FY 2018 FMRs. HUD requires 
data on gross rents paid in the FMR area for standard quality rental 
housing units. The data delivered must be sufficient for HUD to 
calculate a 40th and 50th percentile two-bedroom rent. Should this type 
of data not be available, requestors may gather this information using 
the survey guidance available at https://www.huduser.gov/portal/datasets/fmr/NoteRevisedAreaSurveyProcedures.pdf and https://www.huduser.gov/portal/datasets/fmr/PrinciplesforPHA-ConductedAreaRentSurveys.pdf.
    3. On or about October 3, HUD will post a list, at https://www.huduser.gov/portal/datasets/fmr.html, of the areas requesting 
reevaluations and where FY 2017 FMRs remain in effect.
    4. Data for reevaluations must be supplied to HUD no later than 
Friday January 5, 2018. On Monday January 8, 2018, HUD will post at 
https://www.huduser.gov/portal/datasets/fmr.html a listing of the areas 
failing to deliver data and making the FY 2018 FMRs effective in these 
areas.
    5. HUD will use the data delivered by January 5, 2018 to reevaluate 
the FMRs and following the reevaluation, will post revised FMRs with an 
accompanying Federal Register notice stating the revised FMRs are 
available, which will include HUD responses to comments filed during 
the comment period.
    6. Any data supporting a change in FMRs supplied after January 5, 
2018 will be incorporated into FY 2019 FMRs.
    7. PHAs operating in areas where the calculated FMR is lower than 
the published FMR (i.e., those areas where HUD has limited the decrease 
in the annual change in the FMR to 10 percent) may request payment 
standards below the basic range (24 CFR 982.503(d)) and reference the 
``unfloored'' rents (i.e., the unfinalized FMRs calculated by HUD prior 
to application of the 10-percent-decrease limit) depicted in the FY 
2018 FMR Documentation System (available at: https://www.huduser.gov/portal/datasets/fmr.html#2018_query).
    Questions on how to conduct FMR surveys may be addressed to Marie 
L. Lihn or Peter B. Kahn of the Economic and Market Analysis Division, 
Office of Economic Affairs, Office of Policy Development and Research 
at HUD headquarters, 451 7th Street SW., Room 8208, Washington, DC 
20410; telephone number 202-402-2409 (this is not a toll-free number), 
or they may be reached at [email protected].
    For small metropolitan areas without one-year ACS data and non-
metropolitan counties, HUD has developed a method using mail surveys 
that is discussed on the FMR Web page: https://www.huduser.gov/portal/datasets/fmr.html#fmrsurvey. This method allows for the collection of 
as few as 100 one-bedroom, two-bedroom and three-bedroom recent mover 
(tenants that moved in last 24 months) units.
    While HUD has not developed a specific method for mail surveys in 
areas with 1-year ACS data, HUD would apply the standard established 
for Random-Digit Dialing (RDD) telephone rent surveys. HUD will 
evaluate these survey results to determine whether they would establish 
a new FMR statistically different from the current FMR, which means 
that the survey confidence interval must not include the FMR. The 
survey should collect results based on 200 one-bedroom and two-bedroom 
eligible recent mover units to provide a small enough confidence 
interval for significant results in large market mail surveys. Areas 
with statistically reliable 1-year ACS data are not considered to be 
good candidates for local surveys due to the size and completeness of 
the ACS process.
    Other survey methods are acceptable in providing data to support 
reevaluation requests if the survey method can provide statistically 
reliable, unbiased estimates of the gross rent of the entire FMR area. 
In general, recommendations for FMR changes and supporting data must 
reflect the rent levels that exist within the entire FMR area and 
should be statistically reliable.
    PHAs in non-metropolitan areas may, in certain circumstances, 
conduct surveys of groups of counties. HUD must approve all county-
grouped surveys in advance. PHAs are cautioned that the resulting FMRs 
may not be identical for the counties surveyed; each individual FMR 
area will have a separate FMR based on the relationship of rents in 
that area to the combined rents in the cluster of FMR areas. In 
addition, PHAs are advised that in counties where FMRs are based on the 
combined rents in the cluster of FMR areas, HUD will not revise their 
FMRs unless the grouped survey results show a revised FMR statistically 
different from the combined rent level.
    Survey samples should preferably be randomly drawn from a complete 
list of rental units for the FMR area. If this is not feasible, the 
selected sample must be drawn to be statistically representative of the 
entire rental housing stock of the FMR area. Surveys must include units 
at all rent levels and be representative by structure type (including 
single-family, duplex, and other small rental properties), age of 
housing unit, and geographic location. The current 5-year ACS data 
should be used as a means of verifying if a sample is representative of 
the FMR area's rental housing stock.
    A PHA or contractor that cannot obtain the recommended number of 
sample responses after reasonable efforts should consult with HUD 
before abandoning its survey; in such situations, HUD may find it 
appropriate to relax normal sample size requirements.
    HUD has developed guidance on how to provide data-supported 
comments on Small Area FMRs using HUD's special tabulations of the 
distribution of gross rents by bedroom unit size for ZIP Code 
Tabulation Areas. This guidance is available at https://www.huduser.gov/portal/datasets/fmr.html in the FY 2018 FMR section and 
should be used by interested parties in commenting on whether or not 
the level of Small Area FMRs are too high or too low (i.e., Small Area 
FMRs that are larger than the gross rent necessary to make 40 percent 
of the units accessible for an individual zip code or that are smaller 
than the gross rent necessary to make 40 percent of the units 
accessible for a given zip code). HUD will post revised Small Area FMRs 
after confirming commenters' calculations.
    As stated earlier in this notice, HUD is required to use the most 
recent data

[[Page 41643]]

available when calculating FMRs. Therefore, in order to re-evaluate an 
area's FMR, HUD requires more current rental market data than the 2015 
ACS. HUD encourages a PHA or other interested party that believes the 
FMR in their area is incorrect to file a comment even if they do not 
have the resources to provide market-wide rental data. In these 
instances, HUD will use the comments, should survey funding be 
restored, when determining the areas HUD will select for HUD-funded 
local area rent surveys.

VII. Public Comments on the May 26, 2017 Proposed FMR Change Notice

    As noted above, HUD received 22 comments on the Changes to 
Methodology notice. Most of the comments that addressed the proposed 
methodology changes responded favorably to the changes. Commenters 
choosing to address these methodological changes were ``cautiously 
optimistic'' about these changes. However, one commenter specifically 
opposed the use of ``all bedroom'' rents for the recent mover factor 
while another commenter specifically supports the use of ``all 
bedroom'' recent mover rents.
    Based on the limited comments received on the proposed methodology 
changes, which are generally favorable to HUD's proposed changes, HUD 
has decided to implement each of the proposed methodological changes in 
the calculation of the FY 2018 FMRs.
    The following summaries of comments and responses also include 
responses to other comments regarding the calculation of FMRs that were 
not responsive to the specific methodology changes.

A. Timeliness and Data Sources

    Comments: A significant number of commenters offered comments on 
the timeliness of the data HUD uses in the calculation of FMRs and 
urged HUD to consider conducting local surveys or otherwise compile its 
own source of national survey data.
    HUD Response: Generally, HUD uses the American Community Survey 
(ACS) as the primary source of data to calculate FMRs. The ACS is the 
only known source of data from which HUD may calculate a 40th 
percentile gross rent paid by recent movers in each FMR area. For the 
FY 2018 FMRs, the most current ACS data was collected in 2015. The 2015 
survey responses are aggregated and analyzed by the Census Bureau 
during 2016 and are released in September and December 2016. There is 
no more current data on the level of gross rents paid available during 
2017 when HUD is calculating the FMRs for the upcoming fiscal year.
    HUD augments the data on gross rents paid collected through the ACS 
by the change in gross rents measured through the Consumer Price Index 
(CPI) which captures the change in gross rents between 2015 and 2016. 
In order to measure the change in gross rents, HUD constructs a gross 
rent index using 2 CPI components--Rent of Primary Residence, and 
Housing--Fuels and Utilities. These gross rent change factors are 
calculated for local metropolitan areas and where metropolitan data 
does not exist, HUD uses data available at the Census regional level. 
The local data utilized in this process covers approximately 46 percent 
of the national population.
    Finally, for FY 2018, HUD continues to use HUD's nationwide 
forecast of expected growth in gross rents. HUD continues to explore 
forecasting expected changes in gross rents for metropolitan areas; 
however, HUD has yet to generate forecasts that consistently provide 
better estimates across all localities. While HUD continues to improve 
the quality of its local forecasts, HUD will explore if other sources 
of data provide more timely update factors than those calculated from 
the CPI.
    HUD has carefully considered the comments concerning HUD conducting 
local rent surveys. The Federal Government currently makes a 
significant investment in collecting socio-economic data through the 
Census Bureau's American Community Survey. Since the ACS is the 
replacement for the decennial census long form survey, households 
receiving the survey are compelled to complete it; consequently, the 
ACS has far superior response rates and quality controls embedded in 
the data processing than HUD could achieve in any survey program it 
could construct. Therefore, HUD believes that is a waste of Federal 
resources to duplicate the efforts of the ACS.
    Comment: HUD's FMRs should be calculated based on average rents per 
square foot with adjustments for local rental market conditions.
    HUD Response: Average rent per square foot may be a commonly 
available statistic in some markets and may provide some additional 
information regarding rental market conditions in those markets; 
however, without the underlying data used to calculate the average rent 
per square foot statistic, HUD is unable to calculate a 40th or 50th 
percentile rent. Furthermore, attempting to incorporate rent per square 
foot metrics into the FMR calculations would introduce additional 
complications in determining gross rents.
    Comment: Multiple commenters suggested that HUD use data from 
Comprehensive Housing Market Analysis reports conducted by HUD's field 
economists in the FMR calculations.
    HUD Response: The data used in HUD's Comprehensive Housing Market 
Analysis reports generally captures asking rents for newly constructed 
Class A rental units in large housing complexes. These data are not 
appropriate for setting Fair Market Rents for several reasons. First, 
asking rents typically do not equate to recent mover gross rent paid. 
Additionally, Class A apartment rental rates are generally not 
representative of the gross rents available across the entire rental 
stock of an FMR area. However, as stated earlier, HUD will investigate 
if there are more current and local sources of data that could replace 
the CPI based update factors currently used in the FMR calculations.

B. Comments on Proposed Changes

    Comment: The changes to the calculation of Small Area FMRs directly 
from the ZCTA data are welcomed; however, HUD should aggregate ZCTAs to 
get to a statistically reliable estimate rather than move to the county 
level ratios.
    HUD Response: HUD's use of the county level ratios as a proxy for 
the ZCTA level FMRs when there is not statistically reliable data is in 
line with HUD's policy for moving to the next higher encompassing 
geography for calculating FMRs. Aggregating ZCTAs presents a myriad of 
challenges that cannot be addressed quickly. HUD will study what 
options may be available for proxies to ZCTA level rents when the ZCTA 
data are not statistically reliable. If HUD finds a suitable method, 
HUD will propose this in a future notice of proposed FMR changes.
    Comment: Several commenters suggested that following a successful 
FMR ``appeal'', HUD should immediately move to change a PHA's HAP 
amount.
    HUD Response: HUD incorporates all of the reevaluated FMRs in the 
first calculation of Renewal Funding Inflation Factors following the 
effective date of the reevaluated FMRs.
    Comment: HUD should review the bedroom ratio calculations, with a 
specific review of the 3-bedroom and 4-bedroom bonuses incorporated 
into the bedroom ratio calculations.
    HUD Response: HUD updates the bedroom ratio calculations each year, 
incorporating the most current ACS data

[[Page 41644]]

into the process. The ratios are bounded and limited so that standard 
relationships are maintained (i.e. 0-bedroom ratios are not larger than 
1-bedroom ratios, etc.). HUD maintains that its policy of providing 
bonuses for 3- and 4-bedroom units allows voucher families to be more 
competitive for these scarce larger rental dwelling units. PHAs not 
having difficulty placing families in large units may use payment 
standard flexibility to set 3- and 4-bedroom payment standards lower 
relative to the FMRs than other payment standards, or use the 
unadjusted 3- and 4-bedroom FMRs as the basis for exception payment 
standard requests of less than 90 percent of these FMRs.
    Comment: Several commenters suggested that HUD should do a better 
job of forward trending FMR estimates.
    HUD Response: As stated earlier, HUD continues to refine its 
forecasting of expected changes in gross rents at the metropolitan area 
level. In addition, HUD will explore the use of alternative measures of 
rental market growth that may be available.

C. Other Issues

    Comment: The geographic area definitions used in certain areas of 
Puerto Rico are not contiguous and should be reviewed. Once the area 
definitions are reviewed, the comment requests HUD to undertake local 
rent surveys for the new areas and publish FMRs based on these new 
areas and survey data. Furthermore, the commenter expressed concern 
about the high cost of utilities not being incorporated into the FMRs.
    HUD Response: HUD will review the area definitions in Puerto Rico 
and will determine if sufficient data exists within the Puerto Rico 
Community Survey (PRCS) to allow HUD to adjust the discontiguous areas. 
If changes are possible, HUD will propose them in a future FMR 
methodology change Federal Register notice. HUD is reliant on the PRCS 
data as HUD does not have the funding necessary to conduct its own 
local rent surveys. In past years, HUD incorporated an additional 
utility cost adjustment into the calculation of FMRs; however, the 
Consumer Price Index (CPI) data collected within Puerto Rico never 
measured an increase in expenditures in fuels and utilities associated 
with housing. HUD is using CPI data collected in Puerto Rico through 
the end of 2016, which includes the December 2016 electricity costs 
cited by the commenter.
    Comment: Single Room Occupancy Rents in New Hampshire are too low.
    HUD Response: HUD regulations at 24 CFR 888.113(f)(2) set the 
Single Room Occupancy FMR at 75 percent of the 0-bedroom FMR. HUD 
updates the bedroom ratios used to calculate the 0-, 1-, 3-, and 4-
bedroom FMRs annually using the most current data available.
    Comment: The FMRs and Small Area FMRs are too high. Data was 
submitted to waive the use of these FMRs, but no response from HUD has 
been received.
    HUD Response: This is likely a Public Housing Flat Rent exception 
rent request which is not handled by the HUD office that calculates 
FMRs. Public Housing Flat Rent exception rent requests are processed by 
HUD's Office of Public and Indian Housing. HUD recommends the commenter 
reach out to their local PIH representative for a status update.

VIII. Environmental Impact

    This Notice involves the establishment of FMR schedules, which do 
not constitute a development decision affecting the physical condition 
of specific project areas or building sites. Accordingly, under 24 CFR 
50.19(c)(6), this Notice is categorically excluded from environmental 
review under the National Environmental Policy Act of 1969 (42 U.S.C. 
4321).
    Accordingly, the Fair Market Rent Schedules, which will not be 
codified in 24 CFR part 888, are available at https://www.huduser.gov/portal/datasets/fmr.html.

    Dated: August 22, 2017.
Todd M. Richardson,
Deputy Assistant, Secretary, Office of Policy Development, Office of 
Policy Development and Research.

Fair Market Rents for the Housing Choice Voucher Program

Schedule B--General Explanatory Notes

1. Geographic Coverage
    a. Metropolitan Areas--Most FMRs are market-wide rent estimates 
that are intended to provide housing opportunities throughout the 
geographic area in which rental-housing units are in direct 
competition. HUD is using the metropolitan CBSAs, which are made up of 
one or more counties, as defined by OMB, with some modifications. HUD 
is generally assigning separate FMRs to the component counties of CBSA 
Micropolitan Areas.
    b. Modifications to OMB Definitions--Following OMB guidance, the 
estimation procedure for the FY 2018 FMRs incorporates the OMB 
definitions of metropolitan areas based on the CBSA standards as 
implemented with 2000 Census data and updated by the 2010 Census in 
February 28, 2013. The adjustments made to the 2000 definitions to 
separate subparts of these areas where FMRs or median incomes would 
otherwise change significantly are continued. To follow HUD's policy of 
providing FMRs at the smallest possible area of geography, no counties 
were added to existing metropolitan areas due to recent updates in 
metropolitan area definitions. All counties added to metropolitan areas 
by the CBSA will still be treated as separate counties for FMR 
calculations; that is, the rents from a county that is a sub-area will 
not be used in the remaining metropolitan sub-area rent determination. 
All metropolitan areas that have been subdivided by HUD will use ACS 
data which conforms to HUD's area definition if statistically reliable 
information exists. If statistically reliable data for the HUD defined 
area is not available, HUD uses information from larger encompassing 
geographies, as described elsewhere in this notice.
    The specific counties and New England towns and cities within each 
state in MSAs and HMFAs were not changed by the February 28, 2013 OMB 
metropolitan area definitions. These areas are listed in Schedule B, 
available online at https://www.huduser.gov/portal/datasets/fmr.html.
2. Unit Bedroom Count Adjustments
    Schedule B, available at https://www.huduser.gov/portal/datasets/fmr.html, shows the FMRs for zero-bedroom through four-bedroom units. 
The Schedule B addendum shows Small Area FMRs for all PHAs operating 
using Small Area FMRs (please see section V of this notice for a list 
of participating PHAs). The FMRs for unit sizes larger than four 
bedrooms may be calculated by adding 15 percent to the four-bedroom FMR 
for each extra bedroom. For example, the FMR for a five-bedroom unit is 
1.15 times the four-bedroom FMR, and the FMR for a six-bedroom unit is 
1.30 times the four-bedroom FMR. FMRs for single-room-occupancy (SRO) 
units are 0.75 times the zero-bedroom FMR.
3. Arrangement of FMR Areas and Identification of Constituent Parts
    a. The FMR areas in the online Schedule B are listed alphabetically 
by metropolitan FMR area and by non-metropolitan county within each 
state and are available at https://www.huduser.gov/portal/datasets/fmr.html.
    b. The constituent counties (and New England towns and cities) 
included in each metropolitan FMR area are listed immediately following 
the listings of the FMR dollar amounts. All constituent parts of a 
metropolitan FMR area that

[[Page 41645]]

are in more than one state can be identified by consulting the listings 
for each applicable state.
    c. Two non-metropolitan counties are listed alphabetically on each 
line of the non-metropolitan county listings.
    d. The New England towns and cities included in a non-metropolitan 
county are listed immediately following the county name.

[FR Doc. 2017-18431 Filed 8-31-17; 8:45 am]
 BILLING CODE 4210-67-P



                                                                            Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices                                          41637

                                                  Dated: August 23, 2017.                               the FMRs and to request reevaluation of               submitted comments and reevaluation
                                                Todd M. Richardson,                                     the FY 2018 FMRs to the Regulations                   requests and communications regarding
                                                Acting General Deputy Assistant Secretary               Division, Office of General Counsel,                  this notice submitted to HUD will be
                                                for Policy Development and Research.                    Department of Housing and Urban                       available for public inspection and
                                                [FR Doc. 2017–18578 Filed 8–31–17; 8:45 am]             Development, 451 Seventh Street SW.,                  copying between 8 a.m. and 5 p.m.
                                                BILLING CODE 4210–67–P                                  Room 10276, Washington, DC 20410–                     weekdays at the above address. Due to
                                                                                                        0001. Communications must refer to the                security measures at the HUD
                                                                                                        above docket number and title and                     Headquarters building, an advance
                                                DEPARTMENT OF HOUSING AND                               should contain the information                        appointment to review the public
                                                URBAN DEVELOPMENT                                       specified in the ‘‘Request for Comments/              comments and reevaluation requests
                                                                                                        Request for Reevaluation’’ section.                   must be scheduled by calling the
                                                [Docket No. FR–6021–N–02]
                                                                                                        There are two methods for submitting                  Regulations Division at 202–708–3055
                                                Fair Market Rents for the Housing                       public comments.                                      (this is not a toll-free number).
                                                Choice Voucher Program, Moderate                           1. Submission of Comments by Mail.                 Individuals with speech or hearing
                                                Rehabilitation Single Room Occupancy                    Comments or requests for reevaluation                 impairments may access this number
                                                Program, and Other Programs Fiscal                      may be submitted by mail to the                       through TTY by calling the Federal
                                                Year 2018 and Adoption of                               Regulations Division, Office of General               Relay Service at 800–877–8339 (toll-free
                                                Methodology Changes for Estimating                      Counsel, Department of Housing and                    number). Copies of all comments and
                                                Fair Market Rents                                       Urban Development, 451 7th Street SW.,                reevaluation requests submitted are
                                                                                                        Room 10276, Washington, DC 20410–                     available for inspection and
                                                AGENCY:  Office of the Assistant                        0500. Due to security measures at all                 downloading at http://
                                                Secretary for Policy Development and                    federal agencies, however, submission                 www.regulations.gov.
                                                Research, HUD.                                          of comments by mail often results in
                                                                                                        delayed delivery. To ensure timely                    FOR FURTHER INFORMATION CONTACT: For
                                                ACTION: Notice of Fiscal Year (FY) 2018
                                                Fair Market Rents (FMRs) and adoption                   receipt of comments or reevaluation                   technical information on the
                                                of methodology changes for estimating                   requests, HUD recommends that                         methodology used to develop FMRs or
                                                FMRs.                                                   comments or requests submitted by mail                a listing of all FMRs, please call the
                                                                                                        be submitted at least two weeks in                    HUD USER information line at 800–
                                                SUMMARY:   Section 8(c)(1) of the United                advance of the deadline. HUD will make                245–2691 or access the information on
                                                States Housing Act of 1937 (USHA), as                   all comments or reevaluation requests                 the HUD USER Web site http://
                                                amended by the Housing Opportunities                    received by mail available to the public              www.huduser.gov/portal/datasets/
                                                Through Modernization Act of 2016                       at http://www.regulations.gov.                        fmr.html. FMRs are listed at the 40th or
                                                (HOTMA), requires the Secretary to                         2. Electronic Submission of                        50th percentile in Schedule B. For
                                                publish FMRs not less than annually,                    Comments. Interested persons may                      informational purposes, 40th percentile
                                                adjusted to be effective on October 1 of                submit comments or reevaluation                       rents for the areas with 50th percentile
                                                each year. Section 8(c)(1)(B) of USHA,                  requests electronically through the                   FMRs will be provided in the HUD FY
                                                as amended by HOTMA, requires that                      Federal eRulemaking Portal at http://                 2018 FMR documentation system at
                                                HUD publish for comment a notice of                     www.regulations.gov. HUD strongly                     https://www.huduser.gov/portal/
                                                proposed material changes in the                        encourages commenters to submit                       datasets/fmr.html#2018_query and 50th
                                                methodology for estimating FMRs and a                   comments or reevaluation requests                     percentile rents for all FMR areas will
                                                notice containing HUD’s final decisions                 electronically. Electronic submission of              be published at http://
                                                regarding such proposed substantial                     comments or reevaluation requests                     www.huduser.gov/portal/datasets/
                                                methodological changes. On May 26,                      allows the author maximum time to                     50per.html.
                                                2017, HUD published a notice                            prepare and submit a comment or                          Questions related to use of FMRs or
                                                proposing changes to the methodology                    reevaluation request, ensures timely                  voucher payment standards should be
                                                used for estimating FMRs and requested                  receipt by HUD, and enables HUD to                    directed to the respective local HUD
                                                public comment.                                         make them immediately available to the                program staff. Questions on how to
                                                  This notice adopts HUD’s May 26,                      public. Comments or reevaluation                      conduct FMR surveys may be addressed
                                                2017 proposed material changes to the                   requests submitted electronically                     to Marie L. Lihn or Peter B. Kahn of the
                                                methodology for estimating FMRs and                     through the http://www.regulations.gov                Economic and Market Analysis
                                                notifies interested parties that FY 2018                Web site can be viewed by other                       Division, Office of Economic Affairs,
                                                FMRs are available at www.huduser.gov.                  submitters and interested members of                  Office of Policy Development and
                                                This notice also describes the methods                  the public. Commenters or reevaluation                Research at HUD headquarters, 451 7th
                                                used to calculate the FY 2018 FMRs and                  requestors should follow instructions                 Street SW., Room 8208, Washington, DC
                                                enumerates the procedures for Public                    provided on that site to submit                       20410; telephone number 202–402–2409
                                                Housing Agencies (PHAs) and other                       comments or reevaluation requests                     (this is not a toll-free number), or they
                                                interested parties to request                           electronically.                                       may be reached at emad-hq@hud.gov.
                                                reevaluations of their FMRs as required                                                                       Persons with hearing or speech
                                                                                                          Note: To receive consideration as public
                                                by HOTMA. Lastly, this notice responds                  comments or reevaluation requests,                    impairments may access HUD numbers
                                                to public comments HUD received on its                  comments or requests must be submitted                through TTY by calling the Federal
                                                May 26, 2017 notice.                                    through one of the two methods specified              Relay Service at 800–877–8339 (toll-free
                                                                                                        above. Again, all submissions must refer to
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                                                DATES:                                                                                                        number).
                                                  Comment Due Date: October 2, 2017.                    the docket number and title of the notice.               Electronic Data Availability. This
                                                  Applicability Date: October 2, 2017                     No Facsimile Comments or                            Federal Register notice will be available
                                                unless HUD receives a request for                       Reevaluation Requests. Facsimile (FAX)                electronically from the HUD User page
                                                reevaluation of specific area FMRs as                   comments or requests for FMR                          at https://www.huduser.gov/portal/
                                                described below.                                        reevaluation are not acceptable.                      datasets/fmr.html. Federal Register
                                                ADDRESSES: HUD invites interested                         Public Inspection of Public Comments                notices also are available electronically
                                                persons to submit comments regarding                    and Reevaluation Requests. All properly               from https://www.federalregister.gov/


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                                                41638                       Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices

                                                the U.S. Government Printing Office                     percentile for areas where HUD                             FY 2018 50TH-PERCENTILE FMR
                                                Web site. Complete documentation of                     determined higher FMRs were needed                         AREAS AND YEAR OF REVERSION TO
                                                the methods and data used to compute                    to help families assisted under certain                    40TH PERCENTILE FMRS—Contin-
                                                each area’s FY 2018 FMRs is available                   HUD programs find and lease decent                         ued
                                                at https://www.huduser.gov/portal/                      and affordable housing. On November
                                                datasets/fmr.html#2018_query. FY 2018                   16, 2016 (81 FR 80567), HUD published                  Baltimore-Columbia-Towson, MD MSA ..                          2019
                                                                                                        a Final Rule entitled ‘‘Establishing a                 Philadelphia-Camden-Wilmington,                      PA-
                                                FMRs are available in a variety of                                                                               NJ-DE-MD ...........................................        2019
                                                electronic formats at https://                          More Effective Fair Market Rent System;                San Diego-Carlsbad-San Marcos, CA
                                                www.huduser.gov/portal/datasets/                        Using Small Area Fair Market Rents in                    MSA .....................................................   2020
                                                fmr.html. FMRs may be accessed in PDF                   the Housing Choice Voucher Program                     Spokane, WA HUD Metro FMR Area .....                          2020
                                                as well as in Microsoft Excel. Small                    Instead of the Current 50th Percentile                 Washington, DC-VA-MD HUD Metro
                                                                                                                                                                 FMR Area ............................................       2019
                                                Area FMRs based on FY 2018                              FMRs’’ (Small Area FMR final rule),                    West Palm Beach-Boca Raton, FL HUD
                                                Metropolitan Area Rents for the Dallas,                 with an effective date of January 17,                    Metro FMR Area ..................................           2019
                                                TX HUD Metro FMR Area are available                     2017. The Small Area FMR final rule
                                                in Microsoft Excel format at the same                   eliminates the 50th percentile FMR                     II. Procedures for the Development of
                                                web address. Small Area FMRs for all                    provisions in the FMR regulations (24                  FMRs and Changes in FMR
                                                other metropolitan FMR areas are                        CFR 888.113)1 and provides that areas                  Methodology
                                                available at: http://www.huduser.gov/                   currently designated as 50th percentile
                                                portal/datasets/fmr/smallarea/                          areas remain 50th percentile areas until                            Section 8(c)(1) of the USHA, as
                                                index.html.                                             their current 3-year eligibility period                           amended by HOTMA (Pub. L. 114–201,
                                                                                                        expires. At the end of the 3-year                                 approved July 29, 2016), requires the
                                                SUPPLEMENTARY INFORMATION:
                                                                                                        eligibility period, these areas revert to                         Secretary of HUD to publish FMRs not
                                                I. Background                                           40th percentile FMR status. (If they                              less than annually. Section 8(c)(1)(A)
                                                                                                        meet the deconcentration criteria                                 states that each FMR ‘‘shall be adjusted
                                                  Section 8 of the USHA (42 U.S.C.
                                                                                                        specified in 24 CFR 982.503(f), available                         to be effective on October 1 of each year
                                                1437f) authorizes housing assistance to
                                                                                                        at: https://www.gpo.gov/fdsys/pkg/CFR-                            to reflect changes, based on the most
                                                aid lower-income families in renting
                                                                                                        2016-title24-vol4/pdf/CFR-2016-title24-                           recent available data trended so the
                                                safe and decent housing. Housing
                                                                                                        vol4-sec982-503.pdf, they may petition                            rentals will be current for the year to
                                                assistance payments are limited by
                                                                                                        HUD to maintain payment standards                                 which they apply . . .’’ Section
                                                FMRs established by HUD for different
                                                                                                        based on 50th percentile rents on that                            8(c)(1)(B) requires that HUD publish,
                                                geographic areas. In the Housing Choice
                                                                                                        basis.)                                                           not less than annually, new FMRs on
                                                Voucher (HCV) program, the FMR is the                      The following areas completed their 3
                                                basis for determining the ‘‘payment                                                                                       the World Wide Web or in any other
                                                                                                        years of 50th percentile eligibility in FY                        manner specified by the Secretary, and
                                                standard amount’’ used to calculate the                 2017 and will revert to 40th percentile
                                                maximum monthly subsidy for an                                                                                            that HUD must also notify the public of
                                                                                                        FMR status in FY 2018:                                            when it publishes FMRs by Federal
                                                assisted family. See 24 CFR 982.503.
                                                HUD also uses the FMRs to determine                                                                                       Register notice. After notification, the
                                                                                                            FY 2017 50TH-PERCENTILE FMR                                   FMRs ‘‘shall become effective no earlier
                                                initial renewal rents for some expiring                    AREAS REVERTING TO 40TH PER- than 30 days after the date of such
                                                project-based Section 8 contracts, initial
                                                                                                           CENTILE FMRS IN FY 2018                                        publication,’’ and HUD must provide a
                                                rents for housing assistance payment
                                                contracts in the Moderate Rehabilitation                                                                                  procedure for the public to comment
                                                                                                        Albuquerque, NM Metropolitan Statistical Area                     and request a reevaluation of the FMRs
                                                Single Room Occupancy program, rent                       (MSA).
                                                ceilings for rental units in both the                   Chicago-Joliet-Naperville, IL HUD Metro FMR Area.                 in a jurisdiction before the FMRs
                                                HOME Investment Partnerships program                    Denver-Aurora-Broomfield, CO MSA.                                 become effective. Consistent with the
                                                                                                        Hartford-West Hartford-East Hartford, CT HUD                      statute, HUD is issuing this notice to
                                                and the Emergency Solution Grants                         Metro FMR Area.
                                                program, calculation of maximum                         Urban Honolulu, HI MSA.
                                                                                                                                                                          notify the public that FY 2018 FMRs are
                                                award amounts for Continuum of Care                     Kansas City, MO-KS HUD Metro FMR Area.                            available at https://www.huduser.gov/
                                                recipients and the maximum amount of                    Milwaukee-Waukesha-West Allis, WI MSA.                            portal/datasets/fmr.html and will
                                                                                                        Riverside-San Bernardino-Ontario, CA MSA.                         become effective on October 2, 2017.
                                                rent a recipient may pay for property                   Tacoma, WA HUD Metro FMR Area.
                                                leased with Continuum of Care funds,                    Virginia Beach-Norfolk-Newport News, VA-NC MSA.                   This notice also provides procedures for
                                                and calculation of flat rents in Public                                                                                   FMR reevaluation requests.
                                                Housing units. In general, the FMR for                     The following is a list of FMR areas                             In addition, Section 8(c)(1)(B) of the
                                                an area is the amount that would be                     that retain 50th percentile FMRs for FY                           USHA, as amended by HOTMA,
                                                needed to pay the gross rent (shelter                   2018, along with the year that they will                          requires that HUD publish for comment
                                                rent plus utilities) of privately owned,                revert to 40th percentile status:                                 in the Federal Register a notice of
                                                decent, and safe rental housing of a                                                                                      proposed material changes in the
                                                modest (non-luxury) nature with                             FY 2018 50TH-PERCENTILE FMR                                   methodology for estimating FMRs and a
                                                suitable amenities and is typically set at                 AREAS AND YEAR OF REVERSION TO notice containing HUD’s final decisions
                                                the 40th percentile of the distribution of                 40TH PERCENTILE FMRS                                           regarding such proposed substantial
                                                gross rents. HUD’s FMR calculations                                                                                       methodological changes and responses
                                                                                                        Bergen-Passaic, NJ HUD Metro FMR                                  to public comments. On May 26, 2017
                                                represent HUD’s best effort to estimate                   Area ..................................................... 2020
                                                the 40th percentile gross rents paid by                                                                                   (82 FR 24377), HUD published a
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                                                recent movers into standard quality                       1 Separately from the Small Area FMR
                                                                                                                                                                          Federal Register notice proposing
                                                units in each FMR area. In addition, all                regulations, HUD also calculates and published                    changes to the methodology used to
                                                rents subsidized under the HCV                          50th percentile rent estimates for the purposes of                calculate FMRs (Changes to
                                                program must meet reasonable rent                       Success Rate Payment Standards as defined at 24                   Methodology notice) with a comment
                                                                                                        CFR 982.503(e) (estimates available at: http://
                                                standards.                                              www.huduser.gov/portal/datasets/50per.html),
                                                                                                                                                                          period that ended on June 26, 2017.
                                                  As of October 2, 2000 (65 FR 58870),                  which policy was not changed by the Small Area                    This notice contains HUD’s final
                                                HUD required FMRs to be set at the 50th                 FMR rule.                                                         decisions on the proposed changes to


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                                                                            Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices                                                   41639

                                                the FMR methodology and responses to                      In conjunction with the use of 2015                 would be the state non-metro area rent
                                                public comments.                                        American Community Survey (ACS)                       data.
                                                  In the Changes to Methodology notice,                 data, HUD has implemented the                           HUD has updated base rents each year
                                                HUD proposed several methodological                     following geography changes: Effective                based on new 5-year data since FY 2012,
                                                changes in the way that HUD calculates                  May 1, 2015, Shannon County, South                    for which HUD used 2005–2009 ACS
                                                FMRs. Most of the changes focused on                    Dakota (state code 46, county code 113)               data. HUD is also updating base rents
                                                the way HUD assessed the statistical                    changed its name to Oglala Lakota                     for Puerto Rico FMRs using the 2011–
                                                quality of the ACS estimates or on using                County, South Dakota (state code 46,                  2015 Puerto Rico Community Survey
                                                as much local information as possible                   county code 102) and effective July 1,                (PRCS); HUD first updated the Puerto
                                                when calculating FMRs. The proposed                     2015, the Wade Hampton Census Area,                   Rico base rents in FY 2014 based on
                                                changes were as follows:                                Alaska (state code 02, county code 270)               2007–2011 PRCS data collected through
                                                  • Add a ‘‘number of observations’’                    changed its name to the Kusilvak                      the ACS program.
                                                criterion to the existing margin of error               Census Area, Alaska (state code 02,                     HUD historically based FMRs on gross
                                                criterion when assessing the statistical                county code 158).                                     rents for recent movers (those who have
                                                reliability of ACS estimates.                                                                                 moved into their current residence in
                                                  • Use ‘‘all-bedroom’’ rents when                      A. Base Year Rents                                    the last 24 months) measured directly.
                                                calculating the recent mover factor                                                                           However, due to the way Census
                                                when the two-bedroom rents are not                        For FY 2018 FMRs, HUD updates the
                                                                                                                                                              constructs the 5-year ACS data, HUD
                                                statistically reliable before moving to a               base rents using the U.S. Census
                                                                                                                                                              developed a new method for calculating
                                                larger encompassing geography’s two-                    Bureau’s 5-year ACS data collected
                                                                                                                                                              recent-mover FMRs in FY 2012, which
                                                bedroom recent mover rents for this                     between 2011 through 2015 (released in
                                                                                                                                                              HUD continues to use in FY 2018: HUD
                                                factor.                                                 December of 2016). One of the changes
                                                                                                                                                              assigns all areas a base rent, which is
                                                  • Calculate Small Area FMRs                           proposed in the Changes to                            the two-bedroom standard quality 5-
                                                directly, rather than using the ratio                   Methodology notice and adopted in this                year gross rent estimate from the ACS;
                                                method, when statistically reliable                     notice addresses the statistical                      then, because HUD’s regulations
                                                information at the ZIP Code Tabulation                  reliability of the ACS data used in the               mandate that FMRs must be published
                                                Area (ZCTA) level is available. The ratio               FMR calculations. In prior years, HUD                 as recent mover gross rents, HUD
                                                method would still be used when                         used ACS estimates where the margin of                applies a recent mover factor to the base
                                                statically reliable data was not available              error of the estimate is less than half the           rents assigned from the 5-year ACS
                                                for individual ZCTAs.                                   size of the estimate itself. For FY 2018              data.3 The calculation of the recent
                                                  • Link ZCTAs to the smallest                          FMRs, HUD now pairs this ‘‘margin of                  mover factor is described below.
                                                metropolitan area available as their                    error’’ test with an additional test based
                                                parent FMR area for the ratio method                    on the number of survey observations                  B. Recent Mover Factor
                                                rather than defaulting to the Office of                 supporting the estimate. The Census                      Following the assignment of the
                                                Management and Budget (OMB)—                            Bureau does not provide HUD with an                   standard quality two-bedroom rent
                                                defined metropolitan area as the parent.                exact count of the number of                          described above, HUD applies a recent
                                                This would allow HUD to take                            observations supporting the ACS                       mover factor to these rents. HUD
                                                advantage of the differing recent mover                 estimate; rather, the Census Bureau                   calculates the recent mover factor as the
                                                factors available across subdivided OMB                 provides HUD with categories of the                   change between the 5-year 2011–2015
                                                metropolitan areas (areas labeled as                    number of survey responses underlying                 standard quality two-bedroom gross rent
                                                HUD Metro FMR Areas).                                   the estimate, including whether the                   and the 1 year 2015 recent mover gross
                                                  In response to the Changes to                         estimate is based on more than 100                    rent for the recent mover factor area.
                                                Methodology notice, a total of 22                       observations. Using these categories,                 HUD does not allow recent mover
                                                individual comments were received and                   HUD requires that, in addition to the                 factors to lower the standard quality
                                                posted on the Regulations.gov site at                   ‘‘margin of error’’ test, ACS rent                    base rent; therefore, if the 5-year
                                                https://www.regulations.gov/                            estimates must be based on at least 100               standard quality rent is larger than the
                                                docket?D=HUD-2017-0033. Most of the                     observations in order to be used as base              comparable 1-year recent mover rent,
                                                comments that addressed the proposed                    rents.                                                the recent mover factor is set to 1.
                                                methodology changes responded                             For areas in which the 5-year ACS                      The calculation of the recent mover
                                                favorably to the changes. HUD provides                  data for two-bedroom, standard quality                factor for FY 2018 contains several
                                                responses to the public comments                        gross rents do not pass the statistical               modifications that were proposed in the
                                                received later in this preamble (see                    reliability tests (i.e., have a margin of             Changes to Methodology notice, and are
                                                section VII below). After considering all               error ratio greater than 50 percent or                now being adopted. The first change is
                                                public comments received, HUD has                       fewer than 100 observations), HUD will                the addition of a new test to determine
                                                decided to adopt all of the proposed                    use an average of the base rents over the             the statistical reliability of the 1-year
                                                methodology changes. HUD calculated                     three most recent years (provided that                ACS recent mover data. The margin of
                                                the FY 2018 FMRs using the revised                      there is data available for at least two of           error test is now paired with a count of
                                                methodology incorporating the adopted                   these years),2 or if such data is not                 observations test, similar to the test used
                                                changes.                                                                                                      for base rent data. Therefore, in order for
                                                                                                        available, using the two-bedroom rent
                                                                                                                                                              a recent mover gross rent estimate to be
                                                III. FMR Methodology                                    data within the next largest geographic
                                                                                                        area, which for a non-metropolitan area                  3 HUD’s regulations incorporate recent mover
                                                   This section provides a brief overview
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                                                                                                                                                              data into FMR calculations because the gross rents
                                                of how HUD computes the FY 2018                           2 For FY 2018, the three years of ACS data in       of those who most recently moved into their units
                                                FMRs. For complete information on                       question are 2013, 2014 and 2015. The 2013 data       likely depicts the most current market conditions
                                                how HUD determines FMR areas, and                       are adjusted to be denominated in 2015 dollars        observable through the ACS. Rents paid by renters
                                                on how HUD derives each area’s FMRs,                    using the growth in CPI-based gross rents measured    renewing existing leases may not reflect the most
                                                                                                        between 2013 and 2015. Similarly, the 2014 gross      current market conditions, in part because these
                                                see the online documentation at https://                rent data is adjusted to 2015 denominated dollars     renters may have clauses within their leases that
                                                www.huduser.gov/portal/datasets/                        using the growth in CPI-based gross rents measured    predetermine the annual increases in rents paid
                                                fmr.html#2018_query.                                    between 2014 and 2015.                                (i.e., rent escalator clauses).



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                                                41640                       Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices

                                                considered statistically reliable, the                  was updated to 2013 for the FY 2016                    collected locally in Puerto Rico as the
                                                estimate must have a margin of error                    FMRs and is updated through 2015 for                   basis for CPI adjustments from 2015 to
                                                ratio that is less than 50 percent, and the             the FY 2018 FMRs using national ACS                    2016 for all Puerto Rico FMR areas.
                                                estimate must be based on 100 or more                   data.                                                     Following the application of the
                                                observations.                                             HUD does not use ACS data to                         appropriate CPI update factor, HUD
                                                   The second change incorporated into                  establish the base rent or recent mover                trends the gross rent estimate from 2016
                                                the FY 2018 recent mover factor                         factor for 12 areas where the FY 2018                  to FY 2018 using a national forecast of
                                                calculation concerns the data used                      FMR was adjusted based on survey data:                 expected growth in gross rents. This
                                                when an FMR area does not have                            • Survey data collected in 2014 is                   forecast produces ‘‘as of’’ FY 2018
                                                statistically reliable two-bedroom recent               used to adjust the FMRs for three non-                 FMRs.
                                                mover data. In this circumstance, if the                metropolitan counties in Vermont
                                                ‘‘all-bedroom’’ 4 1-year recent mover                   (Bennington County, Windham County                     E. Bedroom Rent Adjustments
                                                ACS data for the FMR area is                            and Windsor County).                                     HUD updates the bedroom ratios used
                                                statistically reliable, HUD will use the                  • Survey data from 2015 is used to                   in the calculation of FMRs annually.
                                                ‘‘all-bedroom’’ data to calculate the                   adjust the FMRs for Portland, OR and                   The bedroom ratios which HUD used in
                                                recent mover factor instead of using                    Oakland, CA.                                           the calculation of FY 2018 FMRs have
                                                two-bedroom data from the next larger                     • Survey data from 2016 is used to                   been updated using average data from
                                                geography. Incorporating ‘‘all-bedroom’’                adjust the FMRs for Burlington, VT;                    three five-year ACS data series (2009–
                                                rents into the recent mover factor                      Kauai County, HI; Maui County, HI; San                 2013, 2010–2014, and 2011–2015). The
                                                calculation when statistically reliable                 Francisco, CA; Portland, ME; and                       bedroom ratio methodology used in this
                                                two-bedroom data is not available                       Vallejo-Fairfield, CA.                                 update is unchanged from previous
                                                preserves the use of local information to                 • Survey data from 2017 is used to                   calculations using 2000 Census data.
                                                the greatest extent possible.                           adjust the FMR for Santa Rosa, CA.                     HUD only uses estimates with a margin
                                                   However, where statistically reliable                  For larger metropolitan areas that                   of error ratio of less than 50 percent. If
                                                ‘‘all-bedroom’’ data is not available,                  have valid ACS one-year recent mover                   an area does not have reliable estimates
                                                HUD will continue to base FMR areas’                    data, survey data may not be any older                 in at least two of the previous three ACS
                                                recent mover factors on larger                          than the midpoint of the calendar year                 releases, bedroom ratios for the area’s
                                                geographic areas, following the same                    for the ACS one-year data. Since the                   larger parent geography are used.
                                                procedures as in FY 2017: HUD tests                     ACS one-year data used for the FY 2018
                                                data from differently sized geographic                                                                           HUD uses two-bedroom units for its
                                                                                                        FMRs is from 2015, larger areas may not                primary calculation of FMR estimates.
                                                areas in the following order (from small                use survey data collected before June 1,
                                                to large), and bases the recent mover                                                                          This is generally the most common size
                                                                                                        2015 for the FY 2018 FMRs. Smaller                     of rental unit and, therefore, the most
                                                factor on the first statistically reliable              areas without 1-year ACS data,
                                                sample size.                                                                                                   reliable to survey and analyze. After
                                                                                                        including the above counties in                        estimating two-bedroom FMRs, HUD
                                                   • For metropolitan areas that are                    Vermont, may continue to use local
                                                subareas of larger metropolitan areas,                                                                         calculates bedroom ratios for each FMR
                                                                                                        survey data until the mid-point of the 5-              area which relate the prices of smaller
                                                the order is the FMR area, metropolitan                 year ACS data is more recent than the
                                                area, aggregated metropolitan parts of                                                                         and larger units to the cost of two-
                                                                                                        local survey.6                                         bedroom units. To prevent illogical
                                                the state, and state.
                                                   • For metropolitan areas that are not                D. Updates From 2015 to 2016 and                       results in particular FMR areas, HUD
                                                divided, the order is the FMR area,                     Forecast to FY 2018                                    establishes bedroom interval ranges
                                                aggregated metropolitan parts of the                      HUD updates the ACS-based ‘‘as of’’                  which set upper and lower limits for
                                                state, and state.                                       2015 rent through the end of 2016 using                bedroom ratios nationwide, based on an
                                                   • In non-metropolitan areas, the order               the annual change in gross rents                       analysis of the range of such intervals
                                                is the FMR area, aggregated non-                        measured through the CPI from 2015 to                  for all areas with large enough samples
                                                metropolitan parts of the state, and                    2016 (CPI update factor). As in previous               to permit accurate bedroom ratio
                                                state.                                                  years, HUD uses local CPI data coupled                 determinations.
                                                   The process for calculating each area’s              with Consumer Expenditure Survey                         In the calculation of FY 2018 FMR
                                                recent mover factor is detailed in the FY               data for FMR areas with at least 75                    estimates, HUD set the bedroom interval
                                                2018 FMR documentation system                           percent of their population within Class               ranges as follows: Efficiency FMRs are
                                                available at: https://www.huduser.gov/                  A metropolitan areas covered by local                  constrained to fall between 0.64 and
                                                portal/datasets/fmr.html#2018_query.                    CPI data. In FMR areas that don’t meet                 0.85 of the two-bedroom FMR; one-
                                                Applying the recent mover factor to the                 this criterion, including Class B and C                bedroom FMRs must be between 0.75
                                                standard quality base rent produces an                  size metropolitan areas and non-                       and 0.87 of the two-bedroom FMR;
                                                ‘‘as of’’ 2015 recent mover two-bedroom                 metropolitan areas, HUD uses CPI data                  three-bedroom FMRs (prior to the
                                                base gross rent for the FMR area.                       aggregated at the Census region level.                 adjustments described below) must be
                                                                                                        Additionally, HUD is using CPI data                    between 1.15 and 1.34 of the two-
                                                C. Other Rent Survey Data
                                                                                                                                                               bedroom FMR; and four-bedroom FMRs
                                                  HUD calculated base rents for the                                                                            (again, prior to adjustment) must be
                                                                                                        the US Virgin Islands. As part of the 2010 Decennial
                                                insular areas using the 2010 decennial                  Census, the Census Bureau conducted ‘‘long-form’’      between 1.26 and 1.64 of the two-
                                                census of American Samoa, Guam, the                     sample surveys for these areas. The results gathered   bedroom FMR. Given that these interval
                                                Northern Mariana Islands, and the                       by this long form survey have been incorporated        ranges partially overlap across bedroom
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                                                Virgin Islands beginning with the FY                    into the FY 2018 FMRs.
                                                                                                          6 The 2012–2016 5-Year ACS data and the 2016         sizes, HUD further adjusts bedroom
                                                2016 FMRs.5 This 2010 base year data                    1-Year ACS data will be used to calculate the FY       ratios for a given FMR area, if necessary,
                                                                                                        2019 FMRs. These data will be more current than        to ensure that higher bedroom-count
                                                  4 ‘‘All-bedroom’’ refers to estimates aggregated
                                                                                                        the 2014 data from the Vermont survey areas and        units have higher rents than lower
                                                together regardless of the number of bedrooms in        the 2015 survey data in Portland, OR and Oakland,
                                                the dwelling unit.                                      CA. Consequently, the 2016 ACS information will
                                                                                                                                                               bedroom-count units within that area.
                                                  5 The ACS is not conducted in the Pacific Islands     be used to calculate FMRs in these areas in FY         The bedroom ratios for Puerto Rico
                                                (Guam, Northern Marianas and American Samoa) or         2019.                                                  follow these constraints.


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                                                                            Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices                                                  41641

                                                   HUD also further adjusts the rents for               IV. Manufactured Home Space Surveys                    will average the latest three years of
                                                three-bedroom and larger units to reflect                 HOTMA changed the manner in                          gross rent estimates.10
                                                HUD’s policy to set higher rents for                    which vouchers are used to subsidize                      For ZCTAs without usable gross rent
                                                these units.7 This adjustment is                        manufactured home units. Please see                    data by bedroom size, HUD will
                                                intended to increase the likelihood that                HUD’s Notice from January 18, 2017 (82                 continue to calculate Small Area FMRs
                                                the largest families, who have the most                 FR 5458) for more detailed information                 using the rent ratio method similar to
                                                difficulty in leasing units, will be                                                                           that HUD has used in past Small Area
                                                                                                        concerning the use of vouchers for
                                                successful in finding eligible program                                                                         FMR calculations. To calculate Small
                                                                                                        manufactured home units. Due to the
                                                units. The adjustment adds 8.7 percent                                                                         Area FMRs using a rent ratio, HUD
                                                                                                        nature of these changes, HUD will no
                                                to the unadjusted three-bedroom FMR                                                                            divides the median gross rent across all
                                                                                                        longer be publishing exception rents for
                                                estimates and adds 7.7 percent to the                                                                          bedrooms for the small area (a ZIP code)
                                                                                                        Manufactured Home Space pad rents.
                                                unadjusted four-bedroom FMR                                                                                    by the similar median gross rent for the
                                                estimates.                                              V. Small Area FMRs                                     metropolitan area of the ZIP code. In
                                                   HUD derives FMRs for units with                        PHAs in the Dallas, TX HUD Metro                     small areas where the median gross rent
                                                more than four bedrooms by adding 15                    FMR Area (HMFA) 9 continue to use                      is not statistically reliable, HUD
                                                percent to the four-bedroom FMR for                     Small Area FMRs per the terms of a                     substitutes the median gross rent for the
                                                each extra bedroom. For example, the                    court-entered settlement. These Small                  county containing the ZIP code in the
                                                FMR for a five-bedroom unit is 1.15                     Area FMRs are listed in the Schedule B                 numerator of the rent ratio calculation.
                                                times the four-bedroom FMR, and the                     addendum. Other metropolitan PHAs                      HUD multiplies this rent ratio by the
                                                FMR for a six-bedroom unit is 1.30                      interested in using Small Area FMRs in                 current two-bedroom rent for the
                                                times the four-bedroom FMR. Similarly,                  the operation of their Housing Choice                  metropolitan area containing the small
                                                HUD derives FMRs for single-room                        Voucher program should contact their                   area to generate the current year two-
                                                occupancy units by subtracting 25                       local HUD field office to request                      bedroom rent for the small area.
                                                percent from the zero-bedroom FMR                                                                                 Similar to other changes described in
                                                                                                        approval from HUD to do so.
                                                (i.e., they are set at 0.75 times the zero-               As proposed in the Changes to                        this notice, HUD is changing the linkage
                                                bedroom (efficiency) FMR).8                             Methodology notice, HUD is also                        between the small area and its
                                                                                                        making changes in the manner in which                  containing metropolitan area as
                                                F. Limit on FMR Decreases                                                                                      proposed in the May 26, 2017 Federal
                                                  Within the Small Area FMR final rule                  FY 2018 Small Area FMRs are
                                                                                                                                                               Register notice. For FY 2018 HUD is
                                                published on November 16, 2016, HUD                     calculated. In order to use more local
                                                                                                                                                               linking each ZCTA to its published FMR
                                                amended 24 CFR 888.113 to include a                     data, HUD is calculating Small Area
                                                                                                                                                               area; that is, each ZCTA is linked to its
                                                limit on the amount that FMRs may                       FMRs directly from the standard quality
                                                                                                                                                               parent HMFA, if it exists, rather than
                                                annually decrease. The current year’s                   gross rents provided to HUD by the
                                                                                                                                                               link the ZCTA to its parent OMB-
                                                FMRs resulting from the application of                  Census Bureau for ZIP Code Tabulation
                                                                                                                                                               defined metropolitan area (Core-Based
                                                the bedroom ratios, as discussed in                     Areas (ZCTAs), when such data is
                                                                                                                                                               Statistical Area, or CBSA) as was
                                                section (E) above, may be no less than                  statistically reliable, instead of using the
                                                                                                                                                               previously done. If no parent HUD FMR
                                                90 percent of the prior year’s FMRs for                 current rent ratio calculation. The ZCTA
                                                                                                                                                               area exists, the ZCTA will continue to
                                                units with the same number of                           two-bedroom equivalent 40th percentile
                                                                                                                                                               be linked to its parent CBSA. This
                                                bedrooms. Accordingly, if the current                   gross rent is analogous to the standard
                                                                                                                                                               change is implemented to take
                                                year’s FMRs are less than 90 percent of                 quality base rents set for metropolitan
                                                                                                                                                               advantage of the more localized recent
                                                the prior year’s FMRs as calculated by                  areas and non-metropolitan counties.
                                                                                                                                                               mover factors for subareas of OMB-
                                                the above methodology, HUD sets the                     For each ZCTA with statistically reliable
                                                                                                                                                               defined metropolitan areas when
                                                current year’s FMRs equal to 90 percent                 gross rent estimates, using the expanded
                                                                                                                                                               available.
                                                of the prior year’s FMRs. For areas using               test of statistical reliability noted                     As in FY 2017, HUD continues to use
                                                Small Area FMRs in the administration                   previously in this notice (i.e., estimates             a rolling average of ACS data in
                                                of their voucher programs (i.e., Dallas                 with margins of error ratios below 50                  calculating the Small Area FMR rent
                                                and the demonstration PHAs who opted                    percent and based on at least 100                      ratios. HUD believes coupling the most
                                                to continue using Small Area FMRs), the                 observations), HUD will calculate a two-               current data with previous year’s data
                                                FY 2018 Small Area FMRs may be no                       bedroom equivalent 40th percentile                     minimizes excessive year-to-year
                                                less than 90 percent of the FY 2017                     gross rent using the first statistically               variability in Small Area FMR rent
                                                Small Area FMRs. For all other                          reliable gross rent distribution data from             ratios due to sampling variance.
                                                metropolitan areas, for which Small                     the following data sets (in this order):               Therefore, for FY 2018 Small Area
                                                Area FMRs are calculated so that they                   two-bedroom gross rents, one-bedroom                   FMRs, HUD has updated the rent ratios
                                                may be used for other allowable                         gross rents, and three-bedroom gross                   to use an average of the rent ratios
                                                purposes if desired (e.g., exception                    rents. If either the one-bedroom or three-             calculated from the 2009–2013, 2010–
                                                payment standards, public housing flat                  bedroom gross rent data is used because                2014, and 2011–2015 5-year ACS
                                                rents), the FY 2018 Small Area FMRs                     the two-bedroom gross rent data is not                 estimates.
                                                may be no less than 90 percent of the                   statistically reliable, the one-bedroom or
                                                FY 2017 metropolitan area-wide FMRs.                    three-bedroom 40th percentile gross rent               VI. Request for Public Comments and
                                                                                                        will be converted to a two-bedroom                     FMR Reevaluations
                                                  7 As mentioned above, HUD applies the interval        equivalent rent using the bedroom ratios                 HUD will continue to accept public
                                                ranges for the three-bedroom and four-bedroom           for the ZCTA’s parent metropolitan area.
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                                                                                                                                                               comments on the methods HUD uses to
                                                FMR ratios prior to making these adjustments. In        In order to add increased stability to
                                                other words, the adjusted three- and four-bedroom                                                              calculate FY 2018 FMRs, including
                                                FMRs can exceed the interval ranges, but the            these Small Area FMR estimates, HUD
                                                unadjusted FMRs cannot.                                                                                           10 For example, for FY 2018 FMRs using this
                                                  8 As established in the interim rules                   9 The Dallas, TX HMFA is also known as the           methodology, HUD would average the gross rents
                                                implementing the provisions of the Quality Housing      Dallas-Plano-Irving, Texas Metro Division. This area   from 2013, 2014 and 2015 5-Year ACS estimates.
                                                and Work Responsibility Act of 1998 (Title V of the     is comprised of the following Texas counties:          The 2013 and 2014 gross rent estimates would be
                                                FY 1999 HUD Appropriations Act; Pub. L. 105–            Collin, Dallas, Denton, Ellis, Hunt, Kaufman, and      adjusted to 2015 dollars using the metropolitan
                                                276). In 24 CFR 982.604.                                Rockwall.                                              area’s gross rent CPI adjustment factors.



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                                                41642                       Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices

                                                Small Area FMRs and the FMR levels                         6. Any data supporting a change in                 recommendations for FMR changes and
                                                for specific areas. Due to its current                  FMRs supplied after January 5, 2018                   supporting data must reflect the rent
                                                funding levels, HUD no longer has                       will be incorporated into FY 2019                     levels that exist within the entire FMR
                                                sufficient resources to conduct local                   FMRs.                                                 area and should be statistically reliable.
                                                surveys of rents to address comments                       7. PHAs operating in areas where the                  PHAs in non-metropolitan areas may,
                                                filed regarding the FMR levels for                      calculated FMR is lower than the                      in certain circumstances, conduct
                                                specific areas. PHAs may continue to                    published FMR (i.e., those areas where                surveys of groups of counties. HUD
                                                fund such surveys independently, as                     HUD has limited the decrease in the                   must approve all county-grouped
                                                specified below, using administrative                   annual change in the FMR to 10                        surveys in advance. PHAs are cautioned
                                                fees if they so choose.) HUD continually                percent) may request payment standards                that the resulting FMRs may not be
                                                strives to calculate FMRs that meet the                 below the basic range (24 CFR                         identical for the counties surveyed; each
                                                statutory requirement of using ‘‘the most               982.503(d)) and reference the                         individual FMR area will have a
                                                recent available data’’ while also serving              ‘‘unfloored’’ rents (i.e., the unfinalized            separate FMR based on the relationship
                                                as an effective program parameter.                      FMRs calculated by HUD prior to                       of rents in that area to the combined
                                                   PHAs or other interested parties                     application of the 10-percent-decrease                rents in the cluster of FMR areas. In
                                                interested in requesting HUD                            limit) depicted in the FY 2018 FMR                    addition, PHAs are advised that in
                                                reevaluation of its FY 2018 FMRs, as                    Documentation System (available at:                   counties where FMRs are based on the
                                                provided for under section 8(c)(1)(B) of                https://www.huduser.gov/portal/                       combined rents in the cluster of FMR
                                                USHA, must follow the following                         datasets/fmr.html#2018_query).                        areas, HUD will not revise their FMRs
                                                procedures:                                                Questions on how to conduct FMR                    unless the grouped survey results show
                                                   1. By the end of the comment period,                 surveys may be addressed to Marie L.                  a revised FMR statistically different
                                                such reevaluation requests must be                      Lihn or Peter B. Kahn of the Economic                 from the combined rent level.
                                                submitted publicly through                              and Market Analysis Division, Office of                  Survey samples should preferably be
                                                www.regulations.gov or directly to HUD                  Economic Affairs, Office of Policy                    randomly drawn from a complete list of
                                                as described above. PHAs representing                   Development and Research at HUD                       rental units for the FMR area. If this is
                                                at least half of the voucher tenants in                 headquarters, 451 7th Street SW., Room                not feasible, the selected sample must
                                                multijurisdictional areas must agree that               8208, Washington, DC 20410; telephone                 be drawn to be statistically
                                                the re-evaluation is necessary.                         number 202–402–2409 (this is not a toll-              representative of the entire rental
                                                   2. In order for a reevaluation to occur,             free number), or they may be reached at               housing stock of the FMR area. Surveys
                                                the requestor(s) must supply HUD with                   emad-hq@hud.gov.                                      must include units at all rent levels and
                                                data more recent than the 2015                             For small metropolitan areas without               be representative by structure type
                                                American Community Survey data used                     one-year ACS data and non-                            (including single-family, duplex, and
                                                in the calculation of the FY 2018 FMRs.                 metropolitan counties, HUD has                        other small rental properties), age of
                                                HUD requires data on gross rents paid                   developed a method using mail surveys                 housing unit, and geographic location.
                                                in the FMR area for standard quality                    that is discussed on the FMR Web page:                The current 5-year ACS data should be
                                                rental housing units. The data delivered                https://www.huduser.gov/portal/                       used as a means of verifying if a sample
                                                must be sufficient for HUD to calculate                 datasets/fmr.html#fmrsurvey. This                     is representative of the FMR area’s
                                                a 40th and 50th percentile two-bedroom                  method allows for the collection of as                rental housing stock.
                                                rent. Should this type of data not be                   few as 100 one-bedroom, two-bedroom                      A PHA or contractor that cannot
                                                available, requestors may gather this                   and three-bedroom recent mover                        obtain the recommended number of
                                                information using the survey guidance                   (tenants that moved in last 24 months)                sample responses after reasonable
                                                available at https://www.huduser.gov/                   units.                                                efforts should consult with HUD before
                                                portal/datasets/fmr/NoteRevisedArea                        While HUD has not developed a                      abandoning its survey; in such
                                                SurveyProcedures.pdf and https://                       specific method for mail surveys in                   situations, HUD may find it appropriate
                                                www.huduser.gov/portal/datasets/fmr/                    areas with 1-year ACS data, HUD would                 to relax normal sample size
                                                PrinciplesforPHA-ConductedAreaRent                      apply the standard established for                    requirements.
                                                Surveys.pdf.                                            Random-Digit Dialing (RDD) telephone                     HUD has developed guidance on how
                                                   3. On or about October 3, HUD will                   rent surveys. HUD will evaluate these                 to provide data-supported comments on
                                                post a list, at https://www.huduser.gov/                survey results to determine whether                   Small Area FMRs using HUD’s special
                                                portal/datasets/fmr.html, of the areas                  they would establish a new FMR                        tabulations of the distribution of gross
                                                requesting reevaluations and where FY                   statistically different from the current              rents by bedroom unit size for ZIP Code
                                                2017 FMRs remain in effect.                             FMR, which means that the survey                      Tabulation Areas. This guidance is
                                                   4. Data for reevaluations must be                    confidence interval must not include                  available at https://www.huduser.gov/
                                                supplied to HUD no later than Friday                    the FMR. The survey should collect                    portal/datasets/fmr.html in the FY 2018
                                                January 5, 2018. On Monday January 8,                   results based on 200 one-bedroom and                  FMR section and should be used by
                                                2018, HUD will post at https://                         two-bedroom eligible recent mover units               interested parties in commenting on
                                                www.huduser.gov/portal/datasets/                        to provide a small enough confidence                  whether or not the level of Small Area
                                                fmr.html a listing of the areas failing to              interval for significant results in large             FMRs are too high or too low (i.e., Small
                                                deliver data and making the FY 2018                     market mail surveys. Areas with                       Area FMRs that are larger than the gross
                                                FMRs effective in these areas.                          statistically reliable 1-year ACS data are            rent necessary to make 40 percent of the
                                                   5. HUD will use the data delivered by                not considered to be good candidates for              units accessible for an individual zip
                                                January 5, 2018 to reevaluate the FMRs
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                                                                                                        local surveys due to the size and                     code or that are smaller than the gross
                                                and following the reevaluation, will                    completeness of the ACS process.                      rent necessary to make 40 percent of the
                                                post revised FMRs with an                                  Other survey methods are acceptable                units accessible for a given zip code).
                                                accompanying Federal Register notice                    in providing data to support                          HUD will post revised Small Area FMRs
                                                stating the revised FMRs are available,                 reevaluation requests if the survey                   after confirming commenters’
                                                which will include HUD responses to                     method can provide statistically                      calculations.
                                                comments filed during the comment                       reliable, unbiased estimates of the gross                As stated earlier in this notice, HUD
                                                period.                                                 rent of the entire FMR area. In general,              is required to use the most recent data


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                                                                            Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices                                            41643

                                                available when calculating FMRs.                        when HUD is calculating the FMRs for                  additional complications in determining
                                                Therefore, in order to re-evaluate an                   the upcoming fiscal year.                             gross rents.
                                                area’s FMR, HUD requires more current                      HUD augments the data on gross rents                  Comment: Multiple commenters
                                                rental market data than the 2015 ACS.                   paid collected through the ACS by the                 suggested that HUD use data from
                                                HUD encourages a PHA or other                           change in gross rents measured through                Comprehensive Housing Market
                                                interested party that believes the FMR                  the Consumer Price Index (CPI) which                  Analysis reports conducted by HUD’s
                                                in their area is incorrect to file a                    captures the change in gross rents                    field economists in the FMR
                                                comment even if they do not have the                    between 2015 and 2016. In order to                    calculations.
                                                resources to provide market-wide rental                 measure the change in gross rents, HUD                   HUD Response: The data used in
                                                data. In these instances, HUD will use                  constructs a gross rent index using 2 CPI             HUD’s Comprehensive Housing Market
                                                the comments, should survey funding                     components—Rent of Primary                            Analysis reports generally captures
                                                be restored, when determining the areas                 Residence, and Housing—Fuels and                      asking rents for newly constructed Class
                                                HUD will select for HUD-funded local                    Utilities. These gross rent change factors            A rental units in large housing
                                                area rent surveys.                                      are calculated for local metropolitan                 complexes. These data are not
                                                                                                        areas and where metropolitan data does                appropriate for setting Fair Market Rents
                                                VII. Public Comments on the May 26,                     not exist, HUD uses data available at the             for several reasons. First, asking rents
                                                2017 Proposed FMR Change Notice                         Census regional level. The local data                 typically do not equate to recent mover
                                                   As noted above, HUD received 22                      utilized in this process covers                       gross rent paid. Additionally, Class A
                                                comments on the Changes to                              approximately 46 percent of the                       apartment rental rates are generally not
                                                Methodology notice. Most of the                         national population.                                  representative of the gross rents
                                                comments that addressed the proposed                       Finally, for FY 2018, HUD continues                available across the entire rental stock of
                                                methodology changes responded                           to use HUD’s nationwide forecast of                   an FMR area. However, as stated earlier,
                                                favorably to the changes. Commenters                    expected growth in gross rents. HUD                   HUD will investigate if there are more
                                                choosing to address these                               continues to explore forecasting                      current and local sources of data that
                                                methodological changes were                             expected changes in gross rents for                   could replace the CPI based update
                                                ‘‘cautiously optimistic’’ about these                   metropolitan areas; however, HUD has                  factors currently used in the FMR
                                                changes. However, one commenter                         yet to generate forecasts that                        calculations.
                                                specifically opposed the use of ‘‘all                   consistently provide better estimates
                                                bedroom’’ rents for the recent mover                    across all localities. While HUD                      B. Comments on Proposed Changes
                                                factor while another commenter                          continues to improve the quality of its                  Comment: The changes to the
                                                specifically supports the use of ‘‘all                  local forecasts, HUD will explore if                  calculation of Small Area FMRs directly
                                                bedroom’’ recent mover rents.                           other sources of data provide more                    from the ZCTA data are welcomed;
                                                   Based on the limited comments                        timely update factors than those                      however, HUD should aggregate ZCTAs
                                                received on the proposed methodology                    calculated from the CPI.                              to get to a statistically reliable estimate
                                                changes, which are generally favorable                     HUD has carefully considered the                   rather than move to the county level
                                                to HUD’s proposed changes, HUD has                      comments concerning HUD conducting                    ratios.
                                                decided to implement each of the                        local rent surveys. The Federal                          HUD Response: HUD’s use of the
                                                proposed methodological changes in the                  Government currently makes a                          county level ratios as a proxy for the
                                                calculation of the FY 2018 FMRs.                        significant investment in collecting                  ZCTA level FMRs when there is not
                                                   The following summaries of                           socio-economic data through the Census                statistically reliable data is in line with
                                                comments and responses also include                     Bureau’s American Community Survey.                   HUD’s policy for moving to the next
                                                responses to other comments regarding                   Since the ACS is the replacement for the              higher encompassing geography for
                                                the calculation of FMRs that were not                   decennial census long form survey,                    calculating FMRs. Aggregating ZCTAs
                                                responsive to the specific methodology                  households receiving the survey are                   presents a myriad of challenges that
                                                changes.                                                compelled to complete it; consequently,               cannot be addressed quickly. HUD will
                                                                                                        the ACS has far superior response rates               study what options may be available for
                                                A. Timeliness and Data Sources                          and quality controls embedded in the                  proxies to ZCTA level rents when the
                                                  Comments: A significant number of                     data processing than HUD could achieve                ZCTA data are not statistically reliable.
                                                commenters offered comments on the                      in any survey program it could                        If HUD finds a suitable method, HUD
                                                timeliness of the data HUD uses in the                  construct. Therefore, HUD believes that               will propose this in a future notice of
                                                calculation of FMRs and urged HUD to                    is a waste of Federal resources to                    proposed FMR changes.
                                                consider conducting local surveys or                    duplicate the efforts of the ACS.                        Comment: Several commenters
                                                otherwise compile its own source of                        Comment: HUD’s FMRs should be                      suggested that following a successful
                                                national survey data.                                   calculated based on average rents per                 FMR ‘‘appeal’’, HUD should
                                                  HUD Response: Generally, HUD uses                     square foot with adjustments for local                immediately move to change a PHA’s
                                                the American Community Survey (ACS)                     rental market conditions.                             HAP amount.
                                                as the primary source of data to                           HUD Response: Average rent per                        HUD Response: HUD incorporates all
                                                calculate FMRs. The ACS is the only                     square foot may be a commonly                         of the reevaluated FMRs in the first
                                                known source of data from which HUD                     available statistic in some markets and               calculation of Renewal Funding
                                                may calculate a 40th percentile gross                   may provide some additional                           Inflation Factors following the effective
                                                rent paid by recent movers in each FMR                  information regarding rental market                   date of the reevaluated FMRs.
                                                area. For the FY 2018 FMRs, the most                    conditions in those markets; however,
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                                                                                                                                                                 Comment: HUD should review the
                                                current ACS data was collected in 2015.                 without the underlying data used to                   bedroom ratio calculations, with a
                                                The 2015 survey responses are                           calculate the average rent per square                 specific review of the 3-bedroom and 4-
                                                aggregated and analyzed by the Census                   foot statistic, HUD is unable to calculate            bedroom bonuses incorporated into the
                                                Bureau during 2016 and are released in                  a 40th or 50th percentile rent.                       bedroom ratio calculations.
                                                September and December 2016. There is                   Furthermore, attempting to incorporate                   HUD Response: HUD updates the
                                                no more current data on the level of                    rent per square foot metrics into the                 bedroom ratio calculations each year,
                                                gross rents paid available during 2017                  FMR calculations would introduce                      incorporating the most current ACS data


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                                                41644                       Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices

                                                into the process. The ratios are bounded                Occupancy FMR at 75 percent of the 0-                 definitions to separate subparts of these
                                                and limited so that standard                            bedroom FMR. HUD updates the                          areas where FMRs or median incomes
                                                relationships are maintained (i.e. 0-                   bedroom ratios used to calculate the                  would otherwise change significantly
                                                bedroom ratios are not larger than 1-                   0-, 1-, 3-, and 4-bedroom FMRs annually               are continued. To follow HUD’s policy
                                                bedroom ratios, etc.). HUD maintains                    using the most current data available.                of providing FMRs at the smallest
                                                that its policy of providing bonuses for                  Comment: The FMRs and Small Area                    possible area of geography, no counties
                                                3- and 4-bedroom units allows voucher                   FMRs are too high. Data was submitted                 were added to existing metropolitan
                                                families to be more competitive for                     to waive the use of these FMRs, but no                areas due to recent updates in
                                                these scarce larger rental dwelling units.              response from HUD has been received.                  metropolitan area definitions. All
                                                PHAs not having difficulty placing                        HUD Response: This is likely a Public               counties added to metropolitan areas by
                                                families in large units may use payment                 Housing Flat Rent exception rent                      the CBSA will still be treated as separate
                                                standard flexibility to set 3- and 4-                   request which is not handled by the                   counties for FMR calculations; that is,
                                                bedroom payment standards lower                         HUD office that calculates FMRs. Public               the rents from a county that is a sub-area
                                                relative to the FMRs than other payment                 Housing Flat Rent exception rent                      will not be used in the remaining
                                                standards, or use the unadjusted 3- and                 requests are processed by HUD’s Office                metropolitan sub-area rent
                                                4-bedroom FMRs as the basis for                         of Public and Indian Housing. HUD                     determination. All metropolitan areas
                                                exception payment standard requests of                  recommends the commenter reach out                    that have been subdivided by HUD will
                                                less than 90 percent of these FMRs.                     to their local PIH representative for a               use ACS data which conforms to HUD’s
                                                  Comment: Several commenters                           status update.                                        area definition if statistically reliable
                                                suggested that HUD should do a better                   VIII. Environmental Impact                            information exists. If statistically
                                                job of forward trending FMR estimates.                                                                        reliable data for the HUD defined area
                                                  HUD Response: As stated earlier,                        This Notice involves the                            is not available, HUD uses information
                                                HUD continues to refine its forecasting                 establishment of FMR schedules, which                 from larger encompassing geographies,
                                                of expected changes in gross rents at the               do not constitute a development                       as described elsewhere in this notice.
                                                metropolitan area level. In addition,                   decision affecting the physical                          The specific counties and New
                                                HUD will explore the use of alternative                 condition of specific project areas or                England towns and cities within each
                                                measures of rental market growth that                   building sites. Accordingly, under 24                 state in MSAs and HMFAs were not
                                                may be available.                                       CFR 50.19(c)(6), this Notice is                       changed by the February 28, 2013 OMB
                                                                                                        categorically excluded from                           metropolitan area definitions. These
                                                C. Other Issues                                         environmental review under the                        areas are listed in Schedule B, available
                                                   Comment: The geographic area                         National Environmental Policy Act of                  online at https://www.huduser.gov/
                                                definitions used in certain areas of                    1969 (42 U.S.C. 4321).                                portal/datasets/fmr.html.
                                                Puerto Rico are not contiguous and                        Accordingly, the Fair Market Rent
                                                should be reviewed. Once the area                       Schedules, which will not be codified in              2. Unit Bedroom Count Adjustments
                                                definitions are reviewed, the comment                   24 CFR part 888, are available at https://               Schedule B, available at https://
                                                requests HUD to undertake local rent                    www.huduser.gov/portal/datasets/                      www.huduser.gov/portal/datasets/
                                                surveys for the new areas and publish                   fmr.html.                                             fmr.html, shows the FMRs for zero-
                                                FMRs based on these new areas and                         Dated: August 22, 2017.                             bedroom through four-bedroom units.
                                                survey data. Furthermore, the                           Todd M. Richardson,                                   The Schedule B addendum shows Small
                                                commenter expressed concern about the                   Deputy Assistant, Secretary, Office of Policy         Area FMRs for all PHAs operating using
                                                high cost of utilities not being                        Development, Office of Policy Development             Small Area FMRs (please see section V
                                                incorporated into the FMRs.                             and Research.                                         of this notice for a list of participating
                                                   HUD Response: HUD will review the                                                                          PHAs). The FMRs for unit sizes larger
                                                area definitions in Puerto Rico and will                Fair Market Rents for the Housing
                                                                                                                                                              than four bedrooms may be calculated
                                                determine if sufficient data exists within              Choice Voucher Program
                                                                                                                                                              by adding 15 percent to the four-
                                                the Puerto Rico Community Survey                        Schedule B—General Explanatory Notes                  bedroom FMR for each extra bedroom.
                                                (PRCS) to allow HUD to adjust the                                                                             For example, the FMR for a five-
                                                discontiguous areas. If changes are                     1. Geographic Coverage
                                                                                                                                                              bedroom unit is 1.15 times the four-
                                                possible, HUD will propose them in a                       a. Metropolitan Areas—Most FMRs                    bedroom FMR, and the FMR for a six-
                                                future FMR methodology change                           are market-wide rent estimates that are               bedroom unit is 1.30 times the four-
                                                Federal Register notice. HUD is reliant                 intended to provide housing                           bedroom FMR. FMRs for single-room-
                                                on the PRCS data as HUD does not have                   opportunities throughout the geographic               occupancy (SRO) units are 0.75 times
                                                the funding necessary to conduct its                    area in which rental-housing units are                the zero-bedroom FMR.
                                                own local rent surveys. In past years,                  in direct competition. HUD is using the
                                                HUD incorporated an additional utility                  metropolitan CBSAs, which are made                    3. Arrangement of FMR Areas and
                                                cost adjustment into the calculation of                 up of one or more counties, as defined                Identification of Constituent Parts
                                                FMRs; however, the Consumer Price                       by OMB, with some modifications. HUD                     a. The FMR areas in the online
                                                Index (CPI) data collected within Puerto                is generally assigning separate FMRs to               Schedule B are listed alphabetically by
                                                Rico never measured an increase in                      the component counties of CBSA                        metropolitan FMR area and by non-
                                                expenditures in fuels and utilities                     Micropolitan Areas.                                   metropolitan county within each state
                                                associated with housing. HUD is using                      b. Modifications to OMB                            and are available at https://
                                                                                                        Definitions—Following OMB guidance,
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                                                CPI data collected in Puerto Rico                                                                             www.huduser.gov/portal/datasets/
                                                through the end of 2016, which includes                 the estimation procedure for the FY                   fmr.html.
                                                the December 2016 electricity costs                     2018 FMRs incorporates the OMB                           b. The constituent counties (and New
                                                cited by the commenter.                                 definitions of metropolitan areas based               England towns and cities) included in
                                                   Comment: Single Room Occupancy                       on the CBSA standards as implemented                  each metropolitan FMR area are listed
                                                Rents in New Hampshire are too low.                     with 2000 Census data and updated by                  immediately following the listings of the
                                                   HUD Response: HUD regulations at 24                  the 2010 Census in February 28, 2013.                 FMR dollar amounts. All constituent
                                                CFR 888.113(f)(2) set the Single Room                   The adjustments made to the 2000                      parts of a metropolitan FMR area that


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                                                                            Federal Register / Vol. 82, No. 169 / Friday, September 1, 2017 / Notices                                                      41645

                                                are in more than one state can be                       DATES:  We must receive any written                       permittee to conduct activities with U.S.
                                                identified by consulting the listings for               comments on or before October 2, 2017.                    endangered or threatened species for
                                                each applicable state.                                  ADDRESSES: Send written comments by                       scientific purposes, enhancement of
                                                   c. Two non-metropolitan counties are                 U.S. Mail to the Regional Director, Attn:                 propagation or survival, or interstate
                                                listed alphabetically on each line of the               Carlita Payne, U.S. Fish and Wildlife                     commerce (the latter only in the event
                                                non-metropolitan county listings.                       Service, Ecological Services, 5600                        that it facilitates scientific purposes or
                                                   d. The New England towns and cities                  American Blvd. West, Suite 990,                           enhancement of propagation or
                                                included in a non-metropolitan county                   Bloomington, MN 55437–1458; or by                         survival). Our regulations implementing
                                                are listed immediately following the                    electronic mail to permitsR3ES@fws.gov.                   section 10(a)(1)(A) of the ESA for these
                                                county name.                                            FOR FURTHER INFORMATION CONTACT:                          permits are found at 50 CFR 17.22 for
                                                [FR Doc. 2017–18431 Filed 8–31–17; 8:45 am]             Carlita Payne, (612) 713–5343.                            endangered wildlife species, 50 CFR
                                                BILLING CODE 4210–67–P                                  SUPPLEMENTARY INFORMATION: We, the                        17.32 for threatened wildlife species, 50
                                                                                                        U.S. Fish and Wildlife Service, invite                    CFR 17.62 for endangered plant species,
                                                                                                        the public to comment on the following                    and 50 CFR 17.72 for threatened plant
                                                DEPARTMENT OF THE INTERIOR                              applications for a permit to conduct                      species.
                                                                                                        activities intended to enhance the
                                                Fish and Wildlife Service                               survival of endangered or threatened                      Applications Available for Review and
                                                [FWS–R3–ES–2017–N100;                                   species. Federal law prohibits certain                    Comment
                                                FXES11130300000–178–FF03E00000]                         activities with endangered species
                                                                                                        unless a permit is obtained.                                We invite local, State, Tribal, and
                                                Endangered and Threatened Wildlife                                                                                Federal agencies and the public to
                                                                                                        Background                                                comment on the following applications.
                                                and Plants; Permit Applications
                                                                                                           The Endangered Species Act of 1973,                    Please refer to the permit number when
                                                AGENCY:   Fish and Wildlife Service,                    as amended (16 U.S.C. 1531 et seq.;                       you submit comments. Documents and
                                                Interior.                                               ESA), prohibits certain activities with                   other information the applicants have
                                                ACTION: Notice of availability; request                 endangered and threatened species                         submitted with the applications are
                                                for comments.                                           unless the activities are specifically                    available for review, subject to the
                                                                                                        authorized by a Federal permit. The                       requirements of the Privacy Act (5
                                                SUMMARY:  We, the U.S. Fish and                         ESA and our implementing regulations                      U.S.C. 552a) and Freedom of
                                                Wildlife Service, invite the public to                  in part 17 of title 50 of the Code of                     Information Act (5 U.S.C. 552).
                                                comment on the following applications                   Federal Regulations (CFR) provide for
                                                for a permit to conduct activities                      the issuance of such permits and require                  Permit Applications
                                                intended to enhance the survival of                     that we invite public comment before
                                                endangered or threatened species.                       issuing permits for activities involving                    Proposed activities in the following
                                                Federal law prohibits certain activities                endangered species.                                       permit requests are for the recovery and
                                                with endangered species unless a permit                    A permit granted by us under section                   enhancement of survival of the species
                                                is obtained.                                            10(a)(1)(A) of the ESA authorizes the                     in the wild.

                                                                                                                                                                                                           Permit
                                                 Application No.            Applicant                          Species                     Location                  Activity             Type of take     action

                                                TE36875C .......    Gregory Gerke, Car-            Rusty patched bumble bee            Indiana ...........   Conduct presence/ ......    Capture, han-     New.
                                                                      mel, IN.                       (Bombus affinis).                                       absence surveys .........     dle, release.
                                                TE37601C .......    Emilie Snell-Rood,             Rusty patched bumble bee            Minnesota ......      Conduct presence/ ......    Capture, han-     New.
                                                                      Saint Paul, MN.                (Bombus affinis).                                       absence surveys, doc-         dle, release.
                                                                                                                                                               ument habitat use.
                                                TE64070B .......    SWCA Inc., Bismarck,           Rusty patched bumble bee            Illinois, Indi-       Conduct presence/ ......    Capture, han-     Amend,
                                                                     ND.                             (Bombus affinis), Dakota              ana, Iowa,.       absence surveys .........     dle, release.   renew.
                                                                                                     skipper (Hesperia                 Maine, Massa-
                                                                                                     dacotae), poweshiek                   chusetts,
                                                                                                     skipperling (Oarisma                  Minnesota,.
                                                                                                     poweshiek).                       Ohio, Virginia,
                                                                                                                                           Wisconsin.
                                                TE40247C .......    Minnesota Department           Rusty patched bumble bee            Minnesota ......      Conduct presence/ ......    Capture, han-     New.
                                                                      of Natural Re-                 (Bombus affinis).                                       absence surveys .........     dle, release.
                                                                      sources, Saint Paul,
                                                                      MN.
                                                TE41469C .......    G.E.I. Consultants,            Kirtland’s warbler (Setophaga       Wisconsin ......      Conduct presence/ ......    Harass, use       New.
                                                                      Inc., Green Bay, WI.           kirtlandii).                                            absence surveys .........     bird call re-
                                                                                                                                                                                           cordings.



                                                Public Availability of Comments                         normal business hours at the address                      be made publicly available at any time.
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                                                                                                        listed in ADDRESSES.                                      While you can ask us in your comment
                                                  We seek public review and comments
                                                on these permit applications. Please                       Before including your address, phone                   to withhold your personal identifying
                                                refer to the permit number when you                     number, email address, or other                           information from public review, we
                                                submit comments. Comments and                           personal identifying information in your                  cannot guarantee that we will be able to
                                                materials we receive in response to this                comment, you should be aware that                         do so.
                                                notice are available for public                         your entire comment—including your
                                                inspection, by appointment, during                      personal identifying information—may


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Document Created: 2017-09-01 01:50:40
Document Modified: 2017-09-01 01:50:40
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 of Fiscal Year (FY) 2018 Fair Market Rents (FMRs) and adoption of methodology changes for estimating FMRs.
DatesComment Due Date: October 2, 2017.
ContactFor technical information on the methodology used to develop FMRs or a listing of all FMRs, please call the HUD USER information line at 800-245-2691 or access the information on the HUD USER Web site http://www.huduser.gov/portal/datasets/ fmr.html. FMRs are listed at the 40th or 50th percentile in Schedule B. For informational purposes, 40th percentile rents for the areas with 50th percentile FMRs will be provided in the HUD FY 2018 FMR documentation system at https://www.huduser.gov/portal/datasets/ fmr.html#2018_query and 50th percentile rents for all FMR areas will be published at http://www.huduser.gov/portal/datasets/50per.html.
FR Citation82 FR 41637 

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