82 FR 9753 - Additional Clarifying Guidance, Waivers, and Alternative Requirements for Grantees in Receipt of Community Development Block Grant (CDBG) Disaster Recovery Grant Funds Under the Disaster Relief Appropriations Act, 2013

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 82, Issue 25 (February 8, 2017)

Page Range		9753-9754
FR Document		2017-02585

This Notice modifies a waiver and alternative requirement for the State of New Jersey's tenant-based rental assistance program funded through its Community Development Block Grant disaster recovery (CDBG- DR) grant pursuant to the Disaster Relief Appropriations Act, 2013 (Pub. L. 113-2) (the Appropriations Act). A waiver and alternative requirement for the tenant-based rental assistance program was initially published in a Federal Register notice on July 11, 2014 (79 FR 40134), and later modified in the Federal Register notice published on April 2, 2015 (80 FR 17772).

Federal Register, Volume 82 Issue 25 (Wednesday, February 8, 2017)

[Federal Register Volume 82, Number 25 (Wednesday, February 8, 2017)]
[Notices]
[Pages 9753-9754]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-02585]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5961-N-02]


Additional Clarifying Guidance, Waivers, and Alternative 
Requirements for Grantees in Receipt of Community Development Block 
Grant (CDBG) Disaster Recovery Grant Funds Under the Disaster Relief 
Appropriations Act, 2013

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

ACTION: Notice.

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SUMMARY: This Notice modifies a waiver and alternative requirement for 
the State of New Jersey's tenant-based rental assistance program funded 
through its Community Development Block Grant disaster recovery (CDBG-
DR) grant pursuant to the Disaster Relief Appropriations Act, 2013 
(Pub. L. 113-2) (the Appropriations Act). A waiver and alternative 
requirement for the tenant-based rental assistance program was 
initially published in a Federal Register notice on July 11, 2014 (79 
FR 40134), and later modified in the Federal Register notice published 
on April 2, 2015 (80 FR 17772).

DATES: Effective Date: February 13, 2017.

FOR FURTHER INFORMATION CONTACT: Jessie Handforth Kome, Acting 
Director, Office of Block Grant Assistance, Department of Housing and 
Urban Development, 451 7th Street SW., Room 7286, Washington, DC 20410, 
telephone number 202-708-3587. Persons with hearing or speech 
impairments may access this number via TTY by calling the Federal Relay 
Service at 800-877-8339. Facsimile inquiries may be sent to Mr. Stan 
Gimont at 202-401-2044. (Except for the``800'' number, these telephone 
numbers are not toll-free.) Email inquiries may be sent to 
[email protected].

Table of Contents

I. Background
II. Applicable Rules, Statutes, Waivers, and Alternative 
Requirements
III. Catalog of Federal Domestic Assistance
IV. Finding of No Significant Impact

I. Background

    The Appropriations Act made available $16 billion in Community 
Development Block Grant disaster recovery funds for necessary expenses 
related to disaster relief, long-term recovery, restoration of 
infrastructure and housing, and economic revitalization in the most 
impacted and distressed areas, resulting from a major disaster declared 
pursuant to the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) (Stafford Act), due to 
Hurricane Sandy and other eligible events in calendar years 2011, 2012, 
and 2013. On March 1, 2013, the President issued a sequestration order 
pursuant to Section 251A of the Balanced Budget and Emergency Deficit 
Control Act, as amended (2 U.S.C. 901a), and reduced the amount of 
funding for CDBG-DR grants under the Appropriations Act to $15.18 
billion. To date, a total of $15.18 billion has been allocated or set 
aside: $13 billion in response to Hurricane Sandy, $514 million in 
response to disasters occurring in 2011 or 2012, $655 million in 
response to 2013 disasters, and $1 billion for the National Disaster 
Resilience Competition. This notice modifies the waiver and alternative 
requirement initially published in the Federal Register notice on July 
11, 2014 (79 FR 40133), and later modified in the Federal Register 
notice published on April 2, 2015 (80 FR 17772). All waivers and 
alternative requirements for Hurricane Sandy grantees in receipt of 
allocations under the Appropriations Act, are described within the 
Federal Register notices published by the Department on March 5, 2013 
(78 FR 14329), April 19, 2013 (78 FR 23578), August 2, 2013 (78 FR 
46999), November 18, 2013 (78 FR 69104), March 27, 2014 (79 FR 17173), 
July 11, 2014 (79 FR 40133), October 16, 2014 (79 FR 62182), April 2, 
2015 (80 FR 17772), and May 11, 2015 (80 FR 26942), August 25, 2015 (80 
FR 51589), November 18, 2015 (80 FR 72102), February 12, 2016 (81 FR 
7567), and August 15, 2016 (81 FR 54114) (referred to collectively in 
this notice as the ``prior notices''). The requirements of the prior 
notices continue to apply, except as modified by this notice.\1\
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    \1\ Links to the prior notices, the text of the Appropriations 
Act, and additional guidance prepared by the Department for CDBG-DR 
grants, are available on the HUD Exchange Web site: https://www.hudexchange.info/cdbg-dr/cdbg-dr-laws-regulations-and-federal-register-notices/.
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II. Applicable Rules, Statutes, Waivers, and Alternative Requirements

    The Appropriations Act authorizes the Secretary to waive, or 
specify alternative requirements for, any provision of any statute or 
regulation that the Secretary administers in connection with HUD's 
obligation or use by the recipient of these funds (except for 
requirements related to fair housing, nondiscrimination, labor 
standards, and the environment). Waivers and alternative requirements 
are based upon a determination by the

[[Page 9754]]

Secretary that good cause exists and that the waiver or alternative 
requirement is not inconsistent with the overall purposes of Title I of 
the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et 
seq.) (HCDA). Regulatory waiver authority is also provided by 24 CFR 
5.110, 91.600, and 570.5.
    For the waiver and alternative requirement described in this 
notice, the Secretary has determined that good cause exists and that 
the waiver and alternative requirement are not inconsistent with the 
overall purpose of Title I of the HCDA. Grantees may request waivers 
and alternative requirements from the Department as needed to address 
specific needs related to their recovery activities. Under the 
requirements of the Appropriations Act, waivers must be published in 
the Federal Register no later than 5 days before the effective date of 
such waiver.
    1. Tenant-based rental assistance (State of New Jersey, only). The 
State of New Jersey requested a waiver of 42 U.S.C. 5305(a) in order to 
provide up to $17 million in tenant-based rental assistance to 
households beyond the permissible length of time, and this waiver was 
granted by the Department in the Federal Register notice published on 
July 11, 2014 (79 FR 40134). While existing CDBG regulations allow 
payments for these purposes, those regulations limit assistance to a 
period not to exceed three months. The State justified longer term 
assistance in order to meet the housing needs of vulnerable populations 
until the State completes construction of affordable rental units and 
those units are made available to low- and moderate-income (LMI) 
populations.
    The State later requested that HUD increase the amount covered by 
the waiver from $17 million to $32 million, and extend the period of 
assistance by two years, to January 1, 2018, in order to meet the goals 
of a Voluntary Compliance Agreement (VCA) with the Department. HUD 
granted this waiver extension in the April 2, 2015 Federal Register 
notice (80 FR 17772) to support the State's compliance with its VCA and 
because of the continued lack of affordable housing caused by Hurricane 
Sandy.
    The State of New Jersey recently requested an extension to the 
expenditure deadline to January 1, 2019, to allow the State to provide 
up to two years of assistance to this LMI population. Without this 
extension, 85% of this LMI population would not be able to receive the 
full two years of assistance under the TBRA program. Because the 
Department is committed to assisting this population and allowing the 
State to disburse the full amount of assistance made available by the 
VCA, HUD is modifying its waiver of 42 U.S.C. 5305(a) to the extent 
necessary to allow the State to disburse the $32 million in Community 
Development Block Grant disaster recovery (CDBG-DR) funds allocated to 
State's TBRA program until January 1, 2019. The funds extended through 
this waiver are subject to the 24-month limitation on assistance and 
all other waiver and alternative requirements related to the TBRA 
program in the notice published on July 11, 2014 (79 FR 40133), as 
modified by the notice published on April 2, 2015 (80 FR 17772), as 
well as the requirements of the VCA and any subsequent amendments to 
the VCA.

III. Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers for the disaster 
recovery grants under this Notice is 14.269.

IV. Environmental Review

    This Notice does not direct, provide for assistance or loan and 
mortgage insurance for, or otherwise govern or regulate, real property 
acquisition, disposition, leasing (other than tenant-based rental 
assistance), rehabilitation, alteration, demolition, or new 
construction, or establish, revise or provide for standards for 
construction or construction materials, manufactured housing, or 
occupancy. Accordingly, under 24 CFR 50.19(c)(1), this Notice is 
categorically excluded from environmental review under the National 
Environmental Policy Act of 1969 (42 U.S.C 4321).

    Dated: February 3, 2017.
Janet M. Golrick,
Acting Deputy Secretary.
[FR Doc. 2017-02585 Filed 2-7-17; 8:45 am]
 BILLING CODE 4210-67-P

9754 Federal Register / Vol. 82, No. 25 / Wednesday, February 8, 2017 / Notices

Secretary that good cause exists and that assisting this population and allowing any public interest issues raised by the
the waiver or alternative requirement is the State to disburse the full amount of complaint or complainant’s filing
not inconsistent with the overall assistance made available by the VCA, pursuant to the Commission’s Rules of
purposes of Title I of the Housing and HUD is modifying its waiver of 42 Practice and Procedure.
Community Development Act of 1974 U.S.C. 5305(a) to the extent necessary to FOR FURTHER INFORMATION CONTACT: Lisa
(42 U.S.C. 5301 et seq.) (HCDA). allow the State to disburse the $32 R. Barton, Secretary to the Commission,
Regulatory waiver authority is also million in Community Development U.S. International Trade Commission,
provided by 24 CFR 5.110, 91.600, and Block Grant disaster recovery (CDBG– 500 E Street SW., Washington, DC
570.5. DR) funds allocated to State’s TBRA 20436, telephone (202) 205–2000. The
For the waiver and alternative program until January 1, 2019. The public version of the complaint can be
requirement described in this notice, the funds extended through this waiver are accessed on the Commission’s
Secretary has determined that good subject to the 24-month limitation on Electronic Document Information
cause exists and that the waiver and assistance and all other waiver and System (EDIS) at https://edis.usitc.gov,
alternative requirement are not alternative requirements related to the and will be available for inspection
inconsistent with the overall purpose of TBRA program in the notice published during official business hours (8:45 a.m.
Title I of the HCDA. Grantees may on July 11, 2014 (79 FR 40133), as to 5:15 p.m.) in the Office of the
request waivers and alternative modified by the notice published on Secretary, U.S. International Trade
requirements from the Department as April 2, 2015 (80 FR 17772), as well as Commission, 500 E Street SW.,
needed to address specific needs related the requirements of the VCA and any Washington, DC 20436, telephone (202)
to their recovery activities. Under the subsequent amendments to the VCA. 205–2000.
requirements of the Appropriations Act, General information concerning the
waivers must be published in the III. Catalog of Federal Domestic
Assistance Commission may also be obtained by
Federal Register no later than 5 days accessing its Internet server at United
before the effective date of such waiver. The Catalog of Federal Domestic States International Trade Commission
1. Tenant-based rental assistance Assistance numbers for the disaster (USITC) at https://www.usitc.gov . The
(State of New Jersey, only). The State of recovery grants under this Notice is public record for this investigation may
New Jersey requested a waiver of 42 14.269. be viewed on the Commission’s
U.S.C. 5305(a) in order to provide up to
IV. Environmental Review Electronic Document Information
$17 million in tenant-based rental
This Notice does not direct, provide System (EDIS) at https://edis.usitc.gov.
assistance to households beyond the
for assistance or loan and mortgage Hearing-impaired persons are advised
permissible length of time, and this
insurance for, or otherwise govern or that information on this matter can be
waiver was granted by the Department
in the Federal Register notice published regulate, real property acquisition, obtained by contacting the
on July 11, 2014 (79 FR 40134). While disposition, leasing (other than tenant- Commission’s TDD terminal on (202)
existing CDBG regulations allow based rental assistance), rehabilitation, 205–1810.
payments for these purposes, those alteration, demolition, or new SUPPLEMENTARY INFORMATION: The
regulations limit assistance to a period construction, or establish, revise or Commission has received a complaint
not to exceed three months. The State provide for standards for construction or and a submission pursuant to § 210.8(b)
justified longer term assistance in order construction materials, manufactured of the Commission’s Rules of Practice
to meet the housing needs of vulnerable housing, or occupancy. Accordingly, and Procedure filed on behalf of Paice
populations until the State completes under 24 CFR 50.19(c)(1), this Notice is LLC and Abell Foundation, Inc. on
construction of affordable rental units categorically excluded from February 3, 2017. The complaint alleges
and those units are made available to environmental review under the violations of section 337 of the Tariff
low- and moderate-income (LMI) National Environmental Policy Act of Act of 1930 (19 U.S.C. 1337) in the
populations. 1969 (42 U.S.C 4321). importation into the United States, the
The State later requested that HUD sale for importation, and the sale within
Dated: February 3, 2017.
increase the amount covered by the the United States after importation of
Janet M. Golrick,
waiver from $17 million to $32 million, certain hybrid vehicles and components
Acting Deputy Secretary. thereof. The complaint names as a
and extend the period of assistance by
two years, to January 1, 2018, in order [FR Doc. 2017–02585 Filed 2–7–17; 8:45 am] respondent, Ford Motor Company of
to meet the goals of a Voluntary BILLING CODE 4210–67–P Dearborn, MI. The complainant requests
Compliance Agreement (VCA) with the that the Commission issue a limited
Department. HUD granted this waiver exclusion order, cease and desist order
extension in the April 2, 2015 Federal INTERNATIONAL TRADE and impose a bond upon respondents’
Register notice (80 FR 17772) to support COMMISSION alleged infringing articles during the 60-
the State’s compliance with its VCA and day Presidential review period pursuant
because of the continued lack of Notice of Receipt of Complaint; to 19 U.S.C. 1337(j).
affordable housing caused by Hurricane Solicitation of Comments; Relating to Proposed respondents, other
Sandy. the Public Interest interested parties, and members of the
The State of New Jersey recently AGENCY: U.S. International Trade public are invited to file comments, not
requested an extension to the to exceed five (5) pages in length,
asabaliauskas on DSK3SPTVN1PROD with NOTICES

Commission.
expenditure deadline to January 1, 2019, ACTION: Notice. inclusive of attachments, on any public
to allow the State to provide up to two interest issues raised by the complaint
years of assistance to this LMI SUMMARY: Notice is hereby given that or § 210.8(b) filing. Comments should
population. Without this extension, the U.S. International Trade address whether issuance of the relief
85% of this LMI population would not Commission has received a complaint specifically requested by the
be able to receive the full two years of entitled Certain Hybrid Electric Vehicles complainant in this investigation would
assistance under the TBRA program. and Components Thereof, DN 3196 the affect the public health and welfare in
Because the Department is committed to Commission is soliciting comments on the United States, competitive

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Document Created: 2017-02-08 02:59:09
Document Modified: 2017-02-08 02:59:09

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		Effective Date: February 13, 2017.
Contact		Jessie Handforth Kome, Acting Director, Office of Block Grant Assistance, Department of Housing and Urban Development, 451 7th Street SW., Room 7286, Washington, DC 20410, telephone number 202-708-3587. Persons with hearing or speech impairments may access this number via TTY by calling the Federal Relay Service at 800-877-8339. Facsimile inquiries may be sent to Mr. Stan Gimont at 202-401-2044. (Except for the``800'' number, these telephone numbers are not toll-free.) Email inquiries may be sent to [email protected]
FR Citation		82 FR 9753