83_FR_46357 83 FR 46180 - Relief From HUD Requirements Available During Calendar Year (CY) 2018 to Public Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially-Declared Major Disasters

83 FR 46180 - Relief From HUD Requirements Available During Calendar Year (CY) 2018 to Public Housing Agencies To Assist With Recovery and Relief Efforts on Behalf of Families Affected by Presidentially-Declared Major Disasters

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 83, Issue 177 (September 12, 2018)

Page Range46180-46188
FR Document2018-19708

This Notice advises the public that HUD, in order to more effectively and expeditiously respond to Presidentially-declared Major Disaster Declarations (MDD), is establishing for CY 2018 an expedited process for the review of requests for relief from HUD regulatory and/ or administrative requirements (``HUD requirements'') for public housing agencies (PHAs) that are located in counties that are included in MDDs. PHAs located in areas covered by MDDs issued for which a related disaster occurs during 2018 may request waivers of HUD requirements and receive expedited review of such requests utilizing the flexibilities and expedited waiver process set out by this Notice.

Federal Register, Volume 83 Issue 177 (Wednesday, September 12, 2018) 
[Federal Register Volume 83, Number 177 (Wednesday, September 12, 2018)]
[Notices]
[Pages 46180-46188]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-19708]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6050-N-02]


Relief From HUD Requirements Available During Calendar Year (CY) 
2018 to Public Housing Agencies To Assist With Recovery and Relief 
Efforts on Behalf of Families Affected by Presidentially-Declared Major 
Disasters

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

ACTION: Notice.

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SUMMARY: This Notice advises the public that HUD, in order to more 
effectively and expeditiously respond to Presidentially-declared Major 
Disaster Declarations (MDD), is establishing for CY 2018 an expedited 
process for the review of requests for relief from HUD regulatory and/
or administrative requirements (``HUD requirements'') for public 
housing agencies (PHAs) that are located in counties that are included 
in MDDs. PHAs located in areas covered by MDDs issued for which a 
related disaster occurs during 2018 may request waivers of HUD 
requirements and receive expedited review of such requests utilizing 
the flexibilities and expedited waiver process set out by this Notice.

DATES: Applicable: September 12, 2018.

FOR FURTHER INFORMATION CONTACT: Shelia Bethea, Office of Field 
Operations, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 Seventh Street SW, Room 4112, Washington, DC 
20410-5000, telephone number 202-402-8120. Persons with hearing or 
speech impairments may access this number via TTY by calling the 
Federal Information Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

I. Background Information

    On several occasions in recent years, after Presidential disaster 
declarations, HUD has published notices to announce waivers and 
flexibilities available to PHAs, Tribes, and Tribally Designated 
Housing Entities located in areas covered by MDDs.\1\ In the interest 
of expediting HUD's ability to provide administrative relief to PHAs in 
MDD declaration areas, based on HUD's past experience, HUD is 
publishing this Notice on waivers and flexibilities that will be made 
available to PHAs on an expedited basis following MDDs. The Notice is 
organized as follows:
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    \1\ See, Regulatory and Administrative Waivers Granted for 
Public and Indian Housing Programs to Assist with Recovery and 
Relief in Hurricane Katrina Disaster Areas, 70 FR 57716 (October 3, 
2005); Regulatory and Administrative Waivers Granted for Public and 
Indian Housing Programs to Assist with Recovery and Relief in 
Hurricane Rita Disaster Areas; and Additional Administrative Relief 
for Hurricane Katrina, 70 FR 66222 (November 1, 2005); Extension of 
Regulatory and Administrative Waivers Granted for Public and Indian 
Housing Programs to Assist With Recovery and Relief in Hurricanes 
Katrina, Rita, and Wilma Disaster Areas, 71 FR 78022 (December 27, 
2006); Regulatory and Administrative Waivers Granted for Public and 
Indian Housing Programs to Assist with Recovery and Relief in 
Hurricane Wilma Disaster Areas, 71 FR 12988 (March 13, 2006); 
Regulatory and Administrative Waivers Granted for Public and Indian 
Housing Programs to Assist with Recovery and Relief in Superstorm 
Sandy Disaster Areas, 77 FR 71439 (November 30, 2012); and Relief 
From HUD Requirements Available to PHAs to Assist With Recovery and 
Relief Efforts on Behalf of Families Affected by Hurricanes Harvey, 
Irma, Maria and Future Natural Disasters Where Major Disaster 
Declarations Might be Issued in 2017, 82 FR 46821 (October 6, 2017).
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     Section II describes the flexibilities that are currently 
available to MDD PHAs under statutes and/or regulations. MDD PHAs may 
avail themselves of these flexibilities, following the process 
described in Section IV of the Notice.
     Section III describes certain HUD requirements that, if 
waived, may facilitate an MDD PHA's ability to participate in relief 
and recovery efforts. An MDD PHA may request a waiver of a HUD 
requirement not listed in Section IV and receive expedited review of 
the request if the MDD PHA demonstrates that the waiver is needed to 
assist in its relief and recovery efforts. An MDD PHA may not adopt any 
requested waiver prior to receiving HUD approval.
     Section V States that a Finding of No Significant Impact 
(FONSI) with respect to the environment has been made in accordance 
with HUD regulations at 24 CFR part 50, which implement section 
102(2)(C) of the National Environmental Policy Act of 1969 (42 U.S.C. 
4332(2)(C)).
    Waiver requests approved by HUD pursuant to this Notice will be 
published in the Federal Register and will identify the MDD PHAs 
receiving such approvals. The process that HUD will use in assessing 
applications for waivers and flexibilities is covered below:
    This Notice applies only during CY 2018.

II. Flexibilities That Are Available to MDD PHAs During CY 2018

    HUD is exercising discretionary authority consistent with 24 CFR 
5.110 to provide relief from the requirements described in this 
section. Upon notification to HUD and appropriate documentation of good 
cause, or upon HUD approval, as noted below, relief will be granted to 
MDD PHAs. Relief from the requirements must benefit families affected 
by the disasters, for example by enabling MDD PHA staff to focus on 
relief and recovery efforts. Unless otherwise stated, the deadline for 
requesting waivers is 4 months after the initial MDD.
    A. 24 CFR 905.306 (Extension of deadline for obligation and 
expenditure of Capital Funds). Section 9(j)(1) of the United States 
Housing Act of 1937 (1937 Act) requires PHAs to obligate Capital Funds 
not later than 24 months after the date on which the funds became 
available, or the date on which the PHA accumulates adequate funds to 
undertake modernization, substantial rehabilitation, or new 
construction of units, plus the period of any extension approved under 
section 9(j)(2) of the Act. Section 9(j)(5)(A) of the 1937 Act requires 
a PHA to expend Capital Funds not later than 4 years after the date on 
which the funds become available for obligation, plus the period of any 
extension approved under section 9(j)(2). Section 9(j)(2) of the 1937 
Act authorizes the Secretary to extend the time period for the 
obligation of Capital Funds for such period as the Secretary

[[Page 46181]]

determines necessary if the Secretary determines that the failure of 
the PHA to obligate assistance in a timely manner is attributable to an 
event beyond the control of the PHA. The authority for extension of the 
section 9(j) obligation and extension deadlines for an event beyond the 
control of the PHA made in this Notice is also found in the 
implementing regulation at 24 CFR 905.306 (d)(5).
    B. 24 CFR 984.105(d) (Family Self-Sufficiency minimum program 
size). 24 CFR 984.105(d) defines the circumstances under which a PHA 
may, upon HUD approval, operate a program that is smaller than the 
required program size. HUD has determined, based on its past experience 
with MDDs, that a major disaster may hinder a PHA's ability to operate 
a program that meets minimum program size requirements. As a result, 
upon the submission to HUD of a certification (as defined in 24 CFR 
984.103) that the MDD PHA is unable to operate a program that meets 
minimum program size requirements due to the major disaster, HUD will 
grant an exemption from the minimum program size requirement for a 
period of 24 months from the effective date of this Notice.
    C. 24 CFR 990.145(b) (Public housing dwelling units with approved 
vacancies). Section 990.145 lists the categories of vacant public 
housing units that are eligible to receive operating subsidy and are 
therefore considered to be ``approved vacancies.'' Under Section 
990.145(b), a PHA shall receive operating subsidy for units that are 
vacant due to a declared disaster, subject to prior HUD approval, on a 
project-by-project basis. If an MDD PHA has a unit that has been 
vacated due to a Presidentially-declared disaster, then the MDD PHA, 
with HUD approval, may treat the unit as an ``approved vacancy.'' Upon 
the request of an MDD PHA and HUD approval, on a case-by-case basis, 
such units may be considered approved vacancies for a period not to 
exceed 12 months from the date of HUD approval.

III. HUD Requirements That May Be Waived

    For an MDD PHA, HUD will review requests for waivers of HUD 
requirements on an expedited basis. This section lists requirements for 
waivers, requests for which HUD anticipates receiving. An MDD PHA may 
also request a waiver of a HUD requirement not listed in this section 
and receive expedited review of the request if the MDD PHA documents 
that the waiver is needed for relief and recovery purposes. This 
documentation need not be in writing if HUD determines that providing 
written documentation is impracticable.
    PHAs must note that commonly sought waivers such as waiving 
inspection or income verification requirements entirely cannot be 
granted. PHAs should go through the hierarchy of verifying income as 
found in PIH 2017-12 if sources of income are difficult to find. 
Similarly, while the requirement for HQS inspections cannot be waived, 
HUD can consider variations to the acceptability criteria to HQS in 
case of disaster (under the authority of 982.401(a)(4)).
    HUD expects that any waiver granted pursuant to this Notice will 
benefit families affected by disasters by, for example, enabling MDD 
PHA staff to focus on relief and recovery efforts.
    An MDD PHA seeking a waiver of a HUD requirement listed below or of 
any other HUD requirement needed to assist the MDD PHA in its relief 
and recovery efforts must submit a waiver request pursuant to the 
process that will be provided in a further Notice. HUD will not approve 
an MDD PHA's or other recipient's request to waive a fair housing, 
civil rights, labor standards, or environmental requirement. The 
request must be submitted to HUD not later 4 months following the date 
of the relevant disaster declaration.
    A. 24 CFR 5.801(c) and 5.801(d)(1) (Uniform financial reporting 
standards; Filing of financial reports; Reporting compliance dates). 
Section 5.801 establishes uniform financial reporting standards (UFRS) 
for PHAs (and other entities). Section 5.801(c) requires that PHAs 
submit financial information in accordance with 24 CFR 5.801(b) 
annually, not later than 60 days after the end of the fiscal year of 
the reporting period. Section 5.801(d)(1) requires that PHAs submit 
their unaudited financial statements not later than 60 calendar days 
after the end of their fiscal year and that PHAs submit their audited 
financial statements not later than 9 months after the end of their 
fiscal year. HUD is willing to consider requests to extend these 
reporting deadlines.
    For MDD PHAs with a deadline to submit only audited financial 
information in accordance with 24 CFR 5.801(b) and (d) within 6 months 
after the date of the disaster related to the MDD, HUD is willing to 
consider a request to waive the due date. For MDD PHAs with a deadline 
to submit unaudited financial information in accordance with 24 CFR 
5.801(b) and (d) within 4 months before and up to 6 months after the 
date of the disaster related to the MDD, HUD is willing to consider a 
request to waiver the due date. For these PHAs, HUD also is willing to 
consider a request to waive the due date of the audited financial 
information. For situations beyond a PHA's control, HUD is willing to 
consider requests from the MDD PHAs with financial submission due dates 
that fall outside these dates.
    The deadline for submission of financial information in accordance 
with 24 CFR 5.801(b) and the deadline for submission of unaudited 
financial statement may be extended to 180 calendar days, and the 
deadline for submission of audited financial statements may be extended 
to 13 months.
    B. 24 CFR 902 (Public Housing Assessment System). Part 902 sets out 
the indicators by which HUD measures the performance of a PHA. The 
indicators measure a PHA's physical condition, financial condition, 
management operations, and Capital Fund obligation and occupancy.
    For MDD PHAs with FYE dates within 4 months before and up to 10 
months after the date of the disaster related to the MDD, HUD is 
willing to consider a request to waive the physical inspection and 
scoring of public housing projects, as required under 24 CFR 902. For 
situations beyond the PHA's control, HUD is willing to consider 
requests from MDD PHAs with a FYE date that falls outside these dates.
    C. 24 CFR 905.322(b) (Fiscal closeout). Section 905.322(b) 
establishes deadlines for the submission of an Actual Development Cost 
Certificate (ADCC) and an Actual Modernization Cost Certificate (AMCC). 
Specifically, the ADCC must be submitted 12 months from the date of 
completion/termination of a modernization activity, and the AMCC must 
be submitted not later than 12 months from the activity's expenditure 
deadline. Upon request from an MDD PHA, HUD may extend these deadlines 
by 12 months.
    D. 24 CFR 905.314(b)-(c) (Cost and other limitations; Maximum 
project cost; Total Development Cost (TDC) limit). 42 U.S.C. 1437d(b) 
requires HUD to calculate total development costs, which may not be 
exceeded ``unless the Secretary provides otherwise, and in any case may 
not exceed 110 per centum of such amount unless the Secretary for good 
cause determines otherwise.'' Section 905.314(b)-(c) establishes the 
calculation of maximum project cost and the calculation of total 
development cost. To facilitate the use of Capital Funds for repairs 
and construction for needed housing in the disaster areas, HUD is 
willing to consider waiving the TDC and housing cost cap limits for all 
work funded by the Capital Grant (Capital Grant Funds

[[Page 46182]]

with undisbursed balances and HOPE VI funds) until the next issuance of 
TDC levels. MDD PHAs that request to waive this provision and receive 
approval to do so must strive to keep housing costs reasonable given 
local market conditions, based upon the provisions outlined in 2 CFR 
part 200.
    E. 24 CFR 905.314(j) (Cost and other limitations; Types of labor). 
This section establishes that non-high performer PHAs may use force 
account labor for modernization activities only when the use of force 
account labor for such activities has been included in a Board-approved 
Capital Fund Program 5-Year Action Plan. HUD may waive this requirement 
to allow for the use of force account labor for modernization 
activities even if this activity has not been included in the non-high 
performer MDD PHA's 5-Year Action Plan. Should HUD waive this 
requirement, the waiver will be in effect for a period not to exceed 12 
months from the date of HUD approval.
    F. 24 CFR 905.400(i)(5) (Capital Fund Formula; Limitation of 
Replacement Housing Funds to New Development). Section 905.400 
describes the Capital Fund formula. Section 905.400(i)(5) limits the 
use of replacement housing funds to the development of new public 
housing. To help address housing needs because of the displacement 
caused by a disaster, HUD is willing to consider waiving 905.400(i)(5) 
to allow all Capital Fund Replacement Housing Factor Grants with 
undisbursed balances to be used for public housing modernization. 
Should HUD waive this requirement, the waiver will be in effect for 
funds obligated within 12 months from the date of HUD approval.
    G. 24 CFR 960.202(c)(1) (Tenant selection policies) and 982.54(a) 
(Administrative plan). Section 960.202(c)(1) provides that public 
housing tenant selection policies must be duly adopted and implemented. 
Section 982.54(a) provides that a PHA's Section 8 administrative plan 
must be formally adopted by the PHA Board of Commissioners or other 
authorized PHA officials. For temporary revisions to an MDD PHA's 
public housing tenant selection policies or Section 8 administrative 
plan that an MDD PHA wishes to put into place to address circumstances 
unique to relief and recovery efforts, HUD is willing to consider 
requests to waive the requirements for formal approval. Any waiver 
request must include documentation that an MDD PHA's Board of 
Commissioners or an authorized MDD PHA official supports the waiver 
request and must identify the temporary revisions, which shall be 
effective for a period not to exceed 12 months from the date of HUD's 
approval. Additionally, any waiver request would be limited to 
revisions that do not constitute a significant amendment or 
modification to the PHA plan; pursuant to Section 5A(g) of the 1937 
Act, HUD cannot waive the approval by the board or other authorized PHA 
officials if the proposed revision would constitute a significant 
amendment or modification to the PHA plan. Finally, HUD cannot waive 
any terms within a PHA's own plan or state law requiring the approval 
of the board or authorized PHA officials.
    H. 24 CFR 982.206(a)(2) (Waiting List; Opening and closing; Public 
notice). This section describes where a PHA must provide public notice 
when it opens its waiting list for tenant-based assistance. HUD is 
willing to consider a request from an MDD PHA that wishes, in lieu of 
the requirement to provide notice in a local newspaper of general 
circulation, to provide public notice via its Website, at any of its 
offices, and/or in a voice-mail message, for any opening of the waiting 
list for tenant-based assistance that occurs within a period not to 
exceed 12 months from the date of HUD approval. MDD PHAs, that request 
a waiver of this requirement and receive HUD approval, must comply with 
applicable fair housing and other civil rights requirements when they 
provide public notice. For example, an MDD PHA that chooses to provide 
public notice at its offices must consider the impact on persons with 
disabilities, who may have difficulty visiting the office in person. 
Similarly, an MDD PHA that chooses to provide public notice via voice-
mail message must consider how it will reach persons with hearing 
impairments and persons with limited English proficiency. HUD maintains 
the requirement that an MDD PHA must also provide the public notice in 
minority media. Any notice must comply with HUD's fair housing 
requirements.
    I. 24 CFR 982.503(c) (HUD approval of exception payment standard 
amount). 24 CFR 982.503(c) authorizes HUD to approve an exception 
payment standard amount that is higher than 110 percent of the 
published fair market rent (FMR). Typically, a PHA must provide data 
about the local market to substantiate the need for an exception 
payment standard. In a natural disaster situation, however, the typical 
data sources fail to capture conditions on the ground. In these cases, 
HUD considers the most recently available data on the rental market, 
prior to the disaster, then estimates the number of households seeking 
housing units in the wake of the disaster to arrive at an emergency 
exception payment standard amount. In the event of a disaster, HUD will 
consider, based on this data, whether exception payment standard 
amounts up to 150 percent of the FMR have a good cause justification 
even in the absence of supporting data. If so, an MDD PHA may request 
this payment standard. Upon approval by HUD, an exception payment 
standard adopted pursuant to this Notice may be adopted for any Housing 
Assistance Payments (HAP) contract entered as of the effective date of 
this Notice. HUD intends for these exception payment standards to 
remain in effect until HUD implements changes to the FMRs in the 
affected areas. MDD PHAs are reminded that increased per-family costs 
resulting from the use of exception payment standards may result in a 
reduction in the number of families assisted or may require other cost-
saving measures for an MDD PHA to stay within its funding limitations.
    J. 24 CFR 982.401(d) (Housing quality standards; Space and 
security). This section establishes a standard for adequate space for 
an Housing Choice Voucher-assisted family. Specifically, it requires 
that each dwelling unit have at least 1 bedroom or living/sleeping room 
for each 2 persons. HUD is willing to consider a request from an MDD 
PHA that wishes to waive this requirement to house families displaced 
due to the severe storms and flooding. Should the waiver be granted, it 
will be in effect only for HAPs entered into during the 12-month period 
following the date of HUD approval, and then only with the written 
consent of the family. For any family occupying a unit pursuant to this 
waiver, the waiver will be in effect for the initial lease term.
    K. 24 CFR 982.633(a) (Occupancy of home). This section establishes 
the requirement that PHAs may make HAP for homeownership assistance 
only while a family resides in their home and must stop HAP no later 
than the month after a family moves out. HUD is willing to consider a 
request from an MDD PHA wishing to waive this requirement to allow 
families displaced from their homes located in areas affected by MDD(s) 
to comply with mortgage terms or make necessary repairs. A PHA 
requesting a waiver of this type must show good cause by demonstrating 
that the family is not already receiving assistance from another 
source. Note: An MDD PHA that wishes in addition to request a waiver of 
the requirement at Sec.  982.312 that a family be terminated from the 
program if they have been absent from their home for 180

[[Page 46183]]

consecutive calendar days must do so separately.
    L. 24 CFR 984.303(d) (Contract of participation; contract 
extension). Part 984 establishes the requirements for the Section 8 and 
Public Housing Family Self-Sufficiency (FSS) Program. Section 
984.303(d) authorizes a PHA to extend a family's contract of 
participation for a period not to exceed 2 years, upon a finding of 
good cause, for any family that requests such an extension in writing. 
HUD is willing to consider a request from an MDD PHA that wishes to 
extend family contracts for up to 3 years, if such extensions are 
merited based on circumstances deriving from MDDs. Any waiver granted 
pursuant to this request will be in effect for requests made to the MDD 
PHA during a period not to exceed 12 months from the date of HUD 
approval.
    M. 24 CFR part 985 (Section 8 Management Assessment Program 
(SEMAP)). Part 985 sets out the requirements by which Section 8 tenant-
based assistance programs are assessed. For an MDD PHA that has a SEMAP 
score due during CY 2018, HUD is willing to consider a request to carry 
forward the last SEMAP score received by the PHA.
    N. Notice PIH 2012-10, Section 8(c) (Verification of the Social 
Security Number (SSN)). PHAs are required to transmit form HUD-50058 
not later than 30 calendar days following receipt of an applicant's or 
participant's SSN documentation. HUD is willing to consider a request 
to extend this requirement to 90 calendar days, for a period not to 
exceed 12 months from the date of HUD approval.
    O. Notice PIH 2012-7, Section 9 and 4. HUD will not process a 
Special Application Center (SAC) application that is incomplete or 
deficient on a substantial item (e.g., supporting information required 
under 24 CFR sections 970.7(a)(1)-(17) (environmental review must still 
be performed)). HUD is willing to consider a request to waive this for 
MDD PHAs to allow these PHAs to apply for tenant protection vouchers 
(TPVs) after the submission of a SAC application based on imminent 
health and safety issues (in accordance with PIH Notice 2018-09).
    P. 24 CFR 970.15(b)(1)(ii). For Section 18 demolition applications 
(and disposition applications) justified by location obsolescence, in 
addition to accepting an environmental review performed by HUD under 24 
CFR part 50, for MDD PHAs, HUD is willing to accept an environmental 
review performed under 24 CFR part 58 if HUD determines the part 58 
review indicates the environmental conditions jeopardize the 
suitability of the site or a portion of the site and its housing 
structures for residential use.
    Q. 24 CFR 970.15(b)(2) and PIH 2012-7, Section 14. For Section 18 
demolition applications (and disposition applications) justified by 
obsolescence, HUD generally shall not consider a program of 
modifications to be cost-effective if the costs of such programs exceed 
62.5 percent of TDC for elevator structures and 57.14 percent of TDC 
for all other types of structures in effect at the time the application 
is submitted to HUD. In addition, HUD requires that PHAs support 
rehabilitation cost-estimate by a list of specific and detailed work-
items identified on form HUD-52860-B and other criteria outlined in PIH 
Notice 2012-7, Section 14. HUD is willing to consider requests to waive 
these requirements if MDD PHAs submit other evidence (e.g., insurance 
adjuster reports, condemnation orders from local municipalities, and 
photographs) that support the MDD PHA's certification that a program of 
modifications is not cost-effective.
    R. Notice PIH 2012-7, Section 14. HUD approves Section 18 
demolition applications and disposition applications justified by 
physical obsolescence. HUD is willing to consider requests to waive 
these criteria for MDD PHAs if they submit other evidence (e.g., 
insurance adjuster reports, photographs) that support the MDD PHA's 
certification that a program of modifications is not cost-effective.

IV. Notification and Expedited Waiver Process During CY 2018--
Instructions

    HUD has developed a checklist (Attachment A to this Notice) that an 
MDD PHA must complete and submit to take advantage of the provisions 
identified in this Notice and the expedited review of waiver requests. 
Each provision on the checklist indicates the documentation that must 
accompany the MDD PHA's submission. Each request for a waiver (Section 
3 of the checklist) must include a good-cause justification stating why 
the waiver is needed for the PHA's relief and recovery efforts.
    To complete the checklist, take the following steps:
    1. Download the checklist to your computer, saving the document 
with the following filename: FR-6050-N-02. Your Agency's HA Code (e.g., 
FR-050-N02.MI001). HUD will consider other methods of submission as 
needed.
    2. Complete the section titled Information about Requesting Agency. 
This section must be complete. An official of the MDD PHA must sign 
where indicated. If the information about the requesting agency is 
incomplete or the checklist has not been signed, then the checklist 
will be returned without review.
    3. Complete Sections 1, 2, and/or 3 of the checklist, as 
applicable, noting the documentation (if any) that accompanies each 
provision.
    4. Address an email to both [email protected] and your 
Field Office Public Housing Director. In the subject line, type ``PHA 
Name--PHA Code--MDD Disaster Relief--Month and Year''.
    5. Attach the completed checklist, letter of justification, and 
supporting documentation as applicable to your email.
    6. Click ``Send.''
    Checklists and any supporting documentation or information must be 
submitted not later than 4 months following the MDD. Requests submitted 
after that time period will not be considered except in special cases 
outside of the agency's control.

V. Finding of No Significant Impact

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

    Dated: September 5, 2018.
Danielle Bastarache,
Deputy Assistant Secretary.
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46180 Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices Management Agency, 500 C Street SW, waivers of HUD requirements and An MDD PHA may request a waiver of Washington, DC 20472, (202) 646–2833. receive expedited review of such a HUD requirement not listed in Section SUPPLEMENTARY INFORMATION: The requests utilizing the flexibilities and IV and receive expedited review of the Federal Emergency Management Agency expedited waiver process set out by this request if the MDD PHA demonstrates (FEMA) hereby gives notice that Notice. that the waiver is needed to assist in its pursuant to the authority vested in the DATES: Applicable: September 12, 2018. relief and recovery efforts. An MDD Administrator, under Executive Order FOR FURTHER INFORMATION CONTACT: PHA may not adopt any requested 12148, as amended, Willie G. Nunn, of Shelia Bethea, Office of Field waiver prior to receiving HUD approval. FEMA is appointed to act as the Federal Operations, Office of Public and Indian • Section V States that a Finding of Coordinating Officer for this emergency. Housing, Department of Housing and No Significant Impact (FONSI) with This action terminates the Urban Development, 451 Seventh Street respect to the environment has been appointment of William Roche as SW, Room 4112, Washington, DC made in accordance with HUD Federal Coordinating Officer for this 20410–5000, telephone number 202– regulations at 24 CFR part 50, which emergency. 402–8120. Persons with hearing or implement section 102(2)(C) of the The following Catalog of Federal Domestic speech impairments may access this National Environmental Policy Act of Assistance Numbers (CFDA) are to be used number via TTY by calling the Federal 1969 (42 U.S.C. 4332(2)(C)). for reporting and drawing funds: 97.030, Information Relay Service at 800–877– Community Disaster Loans; 97.031, Cora 8339. Waiver requests approved by HUD Brown Fund; 97.032, Crisis Counseling; pursuant to this Notice will be 97.033, Disaster Legal Services; 97.034, SUPPLEMENTARY INFORMATION: published in the Federal Register and Disaster Unemployment Assistance (DUA); I. Background Information will identify the MDD PHAs receiving 97.046, Fire Management Assistance Grant; such approvals. The process that HUD 97.048, Disaster Housing Assistance to On several occasions in recent years, Individuals and Households In Presidentially after Presidential disaster declarations, will use in assessing applications for Declared Disaster Areas; 97.049, HUD has published notices to announce waivers and flexibilities is covered Presidentially Declared Disaster Assistance— waivers and flexibilities available to below: Disaster Housing Operations for Individuals PHAs, Tribes, and Tribally Designated This Notice applies only during CY and Households; 97.050, Presidentially Housing Entities located in areas 2018. Declared Disaster Assistance to Individuals covered by MDDs.1 In the interest of and Households—Other Needs; 97.036, II. Flexibilities That Are Available to Disaster Grants—Public Assistance expediting HUD’s ability to provide administrative relief to PHAs in MDD MDD PHAs During CY 2018 (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. declaration areas, based on HUD’s past HUD is exercising discretionary experience, HUD is publishing this authority consistent with 24 CFR 5.110 Brock Long, Notice on waivers and flexibilities that Administrator, Federal Emergency to provide relief from the requirements will be made available to PHAs on an described in this section. Upon Management Agency. expedited basis following MDDs. The [FR Doc. 2018–19779 Filed 9–11–18; 8:45 am] notification to HUD and appropriate Notice is organized as follows: documentation of good cause, or upon BILLING CODE 9111–11–P • Section II describes the flexibilities HUD approval, as noted below, relief that are currently available to MDD will be granted to MDD PHAs. Relief PHAs under statutes and/or regulations. DEPARTMENT OF HOUSING AND MDD PHAs may avail themselves of from the requirements must benefit URBAN DEVELOPMENT these flexibilities, following the process families affected by the disasters, for described in Section IV of the Notice. example by enabling MDD PHA staff to [Docket No. FR–6050–N–02] focus on relief and recovery efforts. • Section III describes certain HUD Relief From HUD Requirements requirements that, if waived, may Unless otherwise stated, the deadline Available During Calendar Year (CY) facilitate an MDD PHA’s ability to for requesting waivers is 4 months after 2018 to Public Housing Agencies To participate in relief and recovery efforts. the initial MDD. Assist With Recovery and Relief A. 24 CFR 905.306 (Extension of Efforts on Behalf of Families Affected 1 See, Regulatory and Administrative Waivers deadline for obligation and expenditure Granted for Public and Indian Housing Programs to of Capital Funds). Section 9(j)(1) of the by Presidentially-Declared Major Assist with Recovery and Relief in Hurricane Disasters Katrina Disaster Areas, 70 FR 57716 (October 3, United States Housing Act of 1937 (1937 2005); Regulatory and Administrative Waivers Act) requires PHAs to obligate Capital AGENCY: Office of the Assistant Granted for Public and Indian Housing Programs to Funds not later than 24 months after the Secretary for Public and Indian Assist with Recovery and Relief in Hurricane Rita date on which the funds became Housing, HUD. Disaster Areas; and Additional Administrative Relief for Hurricane Katrina, 70 FR 66222 available, or the date on which the PHA ACTION: Notice. (November 1, 2005); Extension of Regulatory and accumulates adequate funds to Administrative Waivers Granted for Public and undertake modernization, substantial SUMMARY: This Notice advises the public Indian Housing Programs to Assist With Recovery that HUD, in order to more effectively and Relief in Hurricanes Katrina, Rita, and Wilma rehabilitation, or new construction of and expeditiously respond to Disaster Areas, 71 FR 78022 (December 27, 2006); units, plus the period of any extension Presidentially-declared Major Disaster Regulatory and Administrative Waivers Granted for approved under section 9(j)(2) of the Public and Indian Housing Programs to Assist with Declarations (MDD), is establishing for Recovery and Relief in Hurricane Wilma Disaster Act. Section 9(j)(5)(A) of the 1937 Act CY 2018 an expedited process for the Areas, 71 FR 12988 (March 13, 2006); Regulatory requires a PHA to expend Capital Funds review of requests for relief from HUD and Administrative Waivers Granted for Public and not later than 4 years after the date on daltland on DSKBBV9HB2PROD with NOTICES regulatory and/or administrative Indian Housing Programs to Assist with Recovery which the funds become available for and Relief in Superstorm Sandy Disaster Areas, 77 requirements (‘‘HUD requirements’’) for FR 71439 (November 30, 2012); and Relief From obligation, plus the period of any public housing agencies (PHAs) that are HUD Requirements Available to PHAs to Assist extension approved under section located in counties that are included in With Recovery and Relief Efforts on Behalf of 9(j)(2). Section 9(j)(2) of the 1937 Act Families Affected by Hurricanes Harvey, Irma, authorizes the Secretary to extend the MDDs. PHAs located in areas covered Maria and Future Natural Disasters Where Major by MDDs issued for which a related Disaster Declarations Might be Issued in 2017, 82 time period for the obligation of Capital disaster occurs during 2018 may request FR 46821 (October 6, 2017). Funds for such period as the Secretary VerDate Sep<11>2014 19:41 Sep 11, 2018 Jkt 244001 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM 12SEN1

Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices 46181 determines necessary if the Secretary determines that providing written willing to consider a request to waive determines that the failure of the PHA documentation is impracticable. the due date of the audited financial to obligate assistance in a timely manner PHAs must note that commonly information. For situations beyond a is attributable to an event beyond the sought waivers such as waiving PHA’s control, HUD is willing to control of the PHA. The authority for inspection or income verification consider requests from the MDD PHAs extension of the section 9(j) obligation requirements entirely cannot be granted. with financial submission due dates that and extension deadlines for an event PHAs should go through the hierarchy fall outside these dates. beyond the control of the PHA made in of verifying income as found in PIH The deadline for submission of this Notice is also found in the 2017–12 if sources of income are financial information in accordance implementing regulation at 24 CFR difficult to find. Similarly, while the with 24 CFR 5.801(b) and the deadline 905.306 (d)(5). requirement for HQS inspections cannot for submission of unaudited financial B. 24 CFR 984.105(d) (Family Self- be waived, HUD can consider variations statement may be extended to 180 Sufficiency minimum program size). 24 to the acceptability criteria to HQS in calendar days, and the deadline for CFR 984.105(d) defines the case of disaster (under the authority of submission of audited financial circumstances under which a PHA may, 982.401(a)(4)). statements may be extended to 13 upon HUD approval, operate a program HUD expects that any waiver granted months. that is smaller than the required pursuant to this Notice will benefit B. 24 CFR 902 (Public Housing program size. HUD has determined, families affected by disasters by, for Assessment System). Part 902 sets out based on its past experience with MDDs, example, enabling MDD PHA staff to the indicators by which HUD measures that a major disaster may hinder a focus on relief and recovery efforts. the performance of a PHA. The PHA’s ability to operate a program that An MDD PHA seeking a waiver of a indicators measure a PHA’s physical meets minimum program size HUD requirement listed below or of any condition, financial condition, requirements. As a result, upon the other HUD requirement needed to assist management operations, and Capital submission to HUD of a certification (as the MDD PHA in its relief and recovery Fund obligation and occupancy. defined in 24 CFR 984.103) that the efforts must submit a waiver request For MDD PHAs with FYE dates MDD PHA is unable to operate a pursuant to the process that will be within 4 months before and up to 10 program that meets minimum program provided in a further Notice. HUD will months after the date of the disaster size requirements due to the major not approve an MDD PHA’s or other related to the MDD, HUD is willing to disaster, HUD will grant an exemption recipient’s request to waive a fair consider a request to waive the physical from the minimum program size housing, civil rights, labor standards, or inspection and scoring of public requirement for a period of 24 months environmental requirement. The request housing projects, as required under 24 from the effective date of this Notice. must be submitted to HUD not later 4 CFR 902. For situations beyond the C. 24 CFR 990.145(b) (Public housing months following the date of the PHA’s control, HUD is willing to dwelling units with approved relevant disaster declaration. consider requests from MDD PHAs with vacancies). Section 990.145 lists the A. 24 CFR 5.801(c) and 5.801(d)(1) a FYE date that falls outside these dates. categories of vacant public housing (Uniform financial reporting standards; C. 24 CFR 905.322(b) (Fiscal closeout). units that are eligible to receive Filing of financial reports; Reporting Section 905.322(b) establishes deadlines operating subsidy and are therefore compliance dates). Section 5.801 for the submission of an Actual considered to be ‘‘approved vacancies.’’ establishes uniform financial reporting Development Cost Certificate (ADCC) Under Section 990.145(b), a PHA shall standards (UFRS) for PHAs (and other and an Actual Modernization Cost receive operating subsidy for units that entities). Section 5.801(c) requires that Certificate (AMCC). Specifically, the are vacant due to a declared disaster, PHAs submit financial information in ADCC must be submitted 12 months subject to prior HUD approval, on a accordance with 24 CFR 5.801(b) from the date of completion/termination project-by-project basis. If an MDD PHA annually, not later than 60 days after the of a modernization activity, and the has a unit that has been vacated due to end of the fiscal year of the reporting AMCC must be submitted not later than a Presidentially-declared disaster, then period. Section 5.801(d)(1) requires that 12 months from the activity’s the MDD PHA, with HUD approval, may PHAs submit their unaudited financial expenditure deadline. Upon request treat the unit as an ‘‘approved vacancy.’’ statements not later than 60 calendar from an MDD PHA, HUD may extend Upon the request of an MDD PHA and days after the end of their fiscal year these deadlines by 12 months. HUD approval, on a case-by-case basis, and that PHAs submit their audited D. 24 CFR 905.314(b)–(c) (Cost and such units may be considered approved financial statements not later than 9 other limitations; Maximum project vacancies for a period not to exceed 12 months after the end of their fiscal year. cost; Total Development Cost (TDC) months from the date of HUD approval. HUD is willing to consider requests to limit). 42 U.S.C. 1437d(b) requires HUD extend these reporting deadlines. to calculate total development costs, III. HUD Requirements That May Be For MDD PHAs with a deadline to which may not be exceeded ‘‘unless the Waived submit only audited financial Secretary provides otherwise, and in For an MDD PHA, HUD will review information in accordance with 24 CFR any case may not exceed 110 per requests for waivers of HUD 5.801(b) and (d) within 6 months after centum of such amount unless the requirements on an expedited basis. the date of the disaster related to the Secretary for good cause determines This section lists requirements for MDD, HUD is willing to consider a otherwise.’’ Section 905.314(b)–(c) waivers, requests for which HUD request to waive the due date. For MDD establishes the calculation of maximum anticipates receiving. An MDD PHA PHAs with a deadline to submit project cost and the calculation of total daltland on DSKBBV9HB2PROD with NOTICES may also request a waiver of a HUD unaudited financial information in development cost. To facilitate the use requirement not listed in this section accordance with 24 CFR 5.801(b) and of Capital Funds for repairs and and receive expedited review of the (d) within 4 months before and up to 6 construction for needed housing in the request if the MDD PHA documents that months after the date of the disaster disaster areas, HUD is willing to the waiver is needed for relief and related to the MDD, HUD is willing to consider waiving the TDC and housing recovery purposes. This documentation consider a request to waiver the due cost cap limits for all work funded by need not be in writing if HUD date. For these PHAs, HUD also is the Capital Grant (Capital Grant Funds VerDate Sep<11>2014 18:41 Sep 11, 2018 Jkt 244001 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM 12SEN1

46182 Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices with undisbursed balances and HOPE effective for a period not to exceed 12 disaster to arrive at an emergency VI funds) until the next issuance of TDC months from the date of HUD’s exception payment standard amount. In levels. MDD PHAs that request to waive approval. Additionally, any waiver the event of a disaster, HUD will this provision and receive approval to request would be limited to revisions consider, based on this data, whether do so must strive to keep housing costs that do not constitute a significant exception payment standard amounts reasonable given local market amendment or modification to the PHA up to 150 percent of the FMR have a conditions, based upon the provisions plan; pursuant to Section 5A(g) of the good cause justification even in the outlined in 2 CFR part 200. 1937 Act, HUD cannot waive the absence of supporting data. If so, an E. 24 CFR 905.314(j) (Cost and other approval by the board or other MDD PHA may request this payment limitations; Types of labor). This section authorized PHA officials if the proposed standard. Upon approval by HUD, an establishes that non–high performer revision would constitute a significant exception payment standard adopted PHAs may use force account labor for amendment or modification to the PHA pursuant to this Notice may be adopted modernization activities only when the plan. Finally, HUD cannot waive any for any Housing Assistance Payments use of force account labor for such terms within a PHA’s own plan or state (HAP) contract entered as of the activities has been included in a Board- law requiring the approval of the board effective date of this Notice. HUD approved Capital Fund Program 5-Year or authorized PHA officials. intends for these exception payment Action Plan. HUD may waive this H. 24 CFR 982.206(a)(2) (Waiting List; standards to remain in effect until HUD requirement to allow for the use of force Opening and closing; Public notice). implements changes to the FMRs in the account labor for modernization This section describes where a PHA affected areas. MDD PHAs are reminded activities even if this activity has not must provide public notice when it that increased per-family costs resulting been included in the non–high opens its waiting list for tenant-based from the use of exception payment performer MDD PHA’s 5-Year Action assistance. HUD is willing to consider a standards may result in a reduction in Plan. Should HUD waive this request from an MDD PHA that wishes, the number of families assisted or may requirement, the waiver will be in effect in lieu of the requirement to provide require other cost-saving measures for for a period not to exceed 12 months notice in a local newspaper of general an MDD PHA to stay within its funding from the date of HUD approval. circulation, to provide public notice via limitations. F. 24 CFR 905.400(i)(5) (Capital Fund its Website, at any of its offices, and/or J. 24 CFR 982.401(d) (Housing quality Formula; Limitation of Replacement in a voice-mail message, for any opening standards; Space and security). This Housing Funds to New Development). of the waiting list for tenant-based section establishes a standard for Section 905.400 describes the Capital assistance that occurs within a period adequate space for an Housing Choice Fund formula. Section 905.400(i)(5) not to exceed 12 months from the date Voucher-assisted family. Specifically, it limits the use of replacement housing of HUD approval. MDD PHAs, that funds to the development of new public requires that each dwelling unit have at request a waiver of this requirement and housing. To help address housing needs least 1 bedroom or living/sleeping room receive HUD approval, must comply because of the displacement caused by for each 2 persons. HUD is willing to with applicable fair housing and other a disaster, HUD is willing to consider consider a request from an MDD PHA civil rights requirements when they waiving 905.400(i)(5) to allow all that wishes to waive this requirement to provide public notice. For example, an Capital Fund Replacement Housing house families displaced due to the MDD PHA that chooses to provide Factor Grants with undisbursed severe storms and flooding. Should the public notice at its offices must consider balances to be used for public housing the impact on persons with disabilities, waiver be granted, it will be in effect modernization. Should HUD waive this who may have difficulty visiting the only for HAPs entered into during the requirement, the waiver will be in effect office in person. Similarly, an MDD 12-month period following the date of for funds obligated within 12 months PHA that chooses to provide public HUD approval, and then only with the from the date of HUD approval. notice via voice-mail message must written consent of the family. For any G. 24 CFR 960.202(c)(1) (Tenant consider how it will reach persons with family occupying a unit pursuant to this selection policies) and 982.54(a) hearing impairments and persons with waiver, the waiver will be in effect for (Administrative plan). Section limited English proficiency. HUD the initial lease term. 960.202(c)(1) provides that public maintains the requirement that an MDD K. 24 CFR 982.633(a) (Occupancy of housing tenant selection policies must PHA must also provide the public home). This section establishes the be duly adopted and implemented. notice in minority media. Any notice requirement that PHAs may make HAP Section 982.54(a) provides that a PHA’s must comply with HUD’s fair housing for homeownership assistance only Section 8 administrative plan must be requirements. while a family resides in their home and formally adopted by the PHA Board of I. 24 CFR 982.503(c) (HUD approval must stop HAP no later than the month Commissioners or other authorized PHA of exception payment standard after a family moves out. HUD is willing officials. For temporary revisions to an amount). 24 CFR 982.503(c) authorizes to consider a request from an MDD PHA MDD PHA’s public housing tenant HUD to approve an exception payment wishing to waive this requirement to selection policies or Section 8 standard amount that is higher than 110 allow families displaced from their administrative plan that an MDD PHA percent of the published fair market rent homes located in areas affected by wishes to put into place to address (FMR). Typically, a PHA must provide MDD(s) to comply with mortgage terms circumstances unique to relief and data about the local market to or make necessary repairs. A PHA recovery efforts, HUD is willing to substantiate the need for an exception requesting a waiver of this type must consider requests to waive the payment standard. In a natural disaster show good cause by demonstrating that daltland on DSKBBV9HB2PROD with NOTICES requirements for formal approval. Any situation, however, the typical data the family is not already receiving waiver request must include sources fail to capture conditions on the assistance from another source. Note: documentation that an MDD PHA’s ground. In these cases, HUD considers An MDD PHA that wishes in addition Board of Commissioners or an the most recently available data on the to request a waiver of the requirement authorized MDD PHA official supports rental market, prior to the disaster, then at § 982.312 that a family be terminated the waiver request and must identify the estimates the number of households from the program if they have been temporary revisions, which shall be seeking housing units in the wake of the absent from their home for 180 VerDate Sep<11>2014 18:41 Sep 11, 2018 Jkt 244001 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM 12SEN1

Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices 46183 consecutive calendar days must do so performed under 24 CFR part 58 if HUD N02.MI001). HUD will consider other separately. determines the part 58 review indicates methods of submission as needed. L. 24 CFR 984.303(d) (Contract of the environmental conditions jeopardize 2. Complete the section titled participation; contract extension). Part the suitability of the site or a portion of Information about Requesting Agency. 984 establishes the requirements for the the site and its housing structures for This section must be complete. An Section 8 and Public Housing Family residential use. official of the MDD PHA must sign Self-Sufficiency (FSS) Program. Section Q. 24 CFR 970.15(b)(2) and PIH 2012– where indicated. If the information 984.303(d) authorizes a PHA to extend 7, Section 14. For Section 18 demolition about the requesting agency is a family’s contract of participation for a applications (and disposition incomplete or the checklist has not been period not to exceed 2 years, upon a applications) justified by obsolescence, signed, then the checklist will be finding of good cause, for any family HUD generally shall not consider a returned without review. that requests such an extension in program of modifications to be cost- writing. HUD is willing to consider a effective if the costs of such programs 3. Complete Sections 1, 2, and/or 3 of request from an MDD PHA that wishes exceed 62.5 percent of TDC for elevator the checklist, as applicable, noting the to extend family contracts for up to 3 structures and 57.14 percent of TDC for documentation (if any) that years, if such extensions are merited all other types of structures in effect at accompanies each provision. based on circumstances deriving from the time the application is submitted to 4. Address an email to both MDDs. Any waiver granted pursuant to HUD. In addition, HUD requires that PIHDisasterRelief@hud.gov and your this request will be in effect for requests PHAs support rehabilitation cost- Field Office Public Housing Director. In made to the MDD PHA during a period estimate by a list of specific and the subject line, type ‘‘PHA Name—PHA not to exceed 12 months from the date detailed work-items identified on form Code—MDD Disaster Relief—Month and of HUD approval. HUD–52860–B and other criteria Year’’. M. 24 CFR part 985 (Section 8 outlined in PIH Notice 2012–7, Section 5. Attach the completed checklist, Management Assessment Program 14. HUD is willing to consider requests letter of justification, and supporting (SEMAP)). Part 985 sets out the to waive these requirements if MDD documentation as applicable to your requirements by which Section 8 tenant- PHAs submit other evidence (e.g., email. based assistance programs are assessed. insurance adjuster reports, For an MDD PHA that has a SEMAP 6. Click ‘‘Send.’’ condemnation orders from local score due during CY 2018, HUD is municipalities, and photographs) that Checklists and any supporting willing to consider a request to carry support the MDD PHA’s certification documentation or information must be forward the last SEMAP score received that a program of modifications is not submitted not later than 4 months by the PHA. cost-effective. following the MDD. Requests submitted N. Notice PIH 2012–10, Section 8(c) R. Notice PIH 2012–7, Section 14. after that time period will not be (Verification of the Social Security HUD approves Section 18 demolition considered except in special cases Number (SSN)). PHAs are required to applications and disposition outside of the agency’s control. transmit form HUD–50058 not later than applications justified by physical V. Finding of No Significant Impact 30 calendar days following receipt of an obsolescence. HUD is willing to applicant’s or participant’s SSN consider requests to waive these criteria A Finding of No Significant Impact documentation. HUD is willing to for MDD PHAs if they submit other (FONSI) with respect to the consider a request to extend this evidence (e.g., insurance adjuster environment has been made in requirement to 90 calendar days, for a reports, photographs) that support the accordance with HUD regulations at 24 period not to exceed 12 months from the MDD PHA’s certification that a program CFR part 50, which implement section date of HUD approval. of modifications is not cost-effective. 102(2)(C) of the National Environmental O. Notice PIH 2012–7, Section 9 and Policy Act of 1969 (42 U.S.C. 4. HUD will not process a Special IV. Notification and Expedited Waiver Process During CY 2018—Instructions 4332(2)(C)). The FONSI is available for Application Center (SAC) application public inspection between 8 a.m. and 5 that is incomplete or deficient on a HUD has developed a checklist p.m. weekdays in the Regulations substantial item (e.g., supporting (Attachment A to this Notice) that an Division, Office of General Counsel, information required under 24 CFR MDD PHA must complete and submit to Department of Housing and Urban sections 970.7(a)(1)–(17) (environmental take advantage of the provisions Development, 451 7th Street SW, Room review must still be performed)). HUD identified in this Notice and the 10276, Washington, DC 20410–0500. is willing to consider a request to waive expedited review of waiver requests. Due to security measures at the HUD this for MDD PHAs to allow these PHAs Each provision on the checklist Headquarters building, an advance to apply for tenant protection vouchers indicates the documentation that must appointment to review the docket file (TPVs) after the submission of a SAC accompany the MDD PHA’s submission. must be scheduled by Calling the application based on imminent health Each request for a waiver (Section 3 of Regulations Division at 202–708–3055 and safety issues (in accordance with the checklist) must include a good-cause (this is not a toll-free number). Hearing- PIH Notice 2018–09). justification stating why the waiver is or speech-impaired individuals may P. 24 CFR 970.15(b)(1)(ii). For Section needed for the PHA’s relief and recovery access this number through TTY by 18 demolition applications (and efforts. calling the Federal Relay Service at 800– disposition applications) justified by To complete the checklist, take the 877–8339 (this is a toll-free number). location obsolescence, in addition to following steps: daltland on DSKBBV9HB2PROD with NOTICES accepting an environmental review 1. Download the checklist to your Dated: September 5, 2018. performed by HUD under 24 CFR part computer, saving the document with the Danielle Bastarache, 50, for MDD PHAs, HUD is willing to following filename: FR–6050–N–02. Deputy Assistant Secretary. accept an environmental review Your Agency’s HA Code (e.g., FR–050– BILLING CODE 4210–67–P VerDate Sep<11>2014 18:41 Sep 11, 2018 Jkt 244001 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM 12SEN1

46184 Federal Register/Vol. 83, No. 177/Wednesday, September 12, 2018 /Notices ATTACHMENT A Relief from HUD Requirements Available to Public Housing Agencies During CY 2018 to Assist with Recovery and Relief Efforts on Behalf of Families Affected by Disasters Section 1. List the Presidentially Declared Disaster(s) your agency is under: Section 2. Insert an "X" next to the applicable flexibilities. An MDD PHA may adopt the flexibilities listed below. A. 42 U.S.C. 1437g(j)(1) and (J)(2)(A) (Extension of deadline for obligation of Capital Funds.). (Office of Capital Improvements) My agency requests that HUD extend the deadline for the obligation and expenditure of Capital Fundsfor an additional 12 months. We will maintain documentation substantiating the needfor this extension. B. 24 CFR 984.105 (Family Self—Sufficiency minimum program size). (Housing Voucher Management and Operations; Public Housing Management and Occupancy) My agency submits the certification required by 24 CFR 984. 105(d) and will operate an FSSprogram that is smaller than the requiredprogram size for up to 24 monthsfrom [insert effective date ofnotice]. C. 24 CFR 990.145(b) (Public housing dwelling units with approved vacancies). (REAC —Public Housing Financial Management Division)

Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices 46185 My agency requests HUD approval to treat certain public housing units in our inventory as approved vacancies. I have attached a project-by-project listing of the units for which this approval is requested I understand that any units that remain vacant shall be considered approved vacancies only for a period not to exceed I2 months from the date of HUD approval. Section 3. Insert an "X" next to the applicable waiver requests. An MDD PHA may request a waiver of a HUD requirement listed below or of any other HUD requirement and receive expedited review of the request, if the MDD PHA demonstrates that the waiver is needed for relief and recovery purposes. Each request must include a good-cause justification for the waiver, documenting why the waiver is needed for such purposes. No requested waiver may be implemented unless and until written approval from HUD has been obtained. A. 24 CFR 5.801(c) and 5.801(d)(l) (Uniform financial reporting standards; Filing of financial reports; Reporting compliance dates). (REAC) My agency requests a waiver of 2 4 CFR 5. 80 I (c) to extend the deadline for reporting of unauditedfinancial information to I80 days and of 2 4 CFR 5. 80 I (d) (I) to extend the reporting deadline for auditedfinancial information to I3 months. For requests to waiver the deadlines to report both unauditedfinancial information and audited financial information. B. 24 CFR 902 (Public Housing Assessment System). (REAC) My agency requests a waiver of the inspection and scoring ofpublic housing projects, as required under 24 CFR 902. C. 24 CFR 905.322(b) (Fiscal closeout) (Office of Capital Improvements) My agency requests a waiver of24 CFR 905.322(b) to extend the deadline for submission of the Actual Development Cost Certificate and the Actual Modernization Cost Certificate by I2 months. D. 24 CFR 905.314(b)-(c) (Cost and other limitations; Maximum project cost; TDC limit). (Office of Capital Improvements) My agency requests a waiver of 24 CFR 905.3I4(b)-(c), which establish the calculation of maximum project cost and total development cost limits for the Capital Fund program. I understand that this waiver is in effect only until20I8 TDC limits have been published E. 24 CFR 905.3140) (Cost and other limitations; Types of labor) (Office of Capital Improvements) My agency requests a waiver of24 CFR 904.3I4(j) to allow for the use afforce account daltland on DSKBBV9HB2PROD with NOTICES labor for modernization activities even if this activity has not been included in our EN12SE18.003</GPH> VerDate Sep<11>2014 18:41 Sep 11, 2018 Jkt 244001 PO 00000 Frm 00050 Fmt 4703 Sfmt 4725 E:\FR\FM\12SEN1.SGM 12SEN1

46186 Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices agency's 5-Year Action Plan. I understand that this waiver will be in effect for a period not to exceed 12 months from the date ofHUD approval. F. 24 CFR 905.400(i)(5) (Capital Fund Formula; Limitation of Replacement Housing Funds to New Development) (Office of Capital Improvements) My agency requests a waiver of24 CFR 905.400(i)(5) to allow for the use of Capital Fund Replacement Housing Factor grants with undisbursed balances for public housing modernization. 1 understand that this waiver will be in effect only for funds obligated within 12 months from the date of HUD approval. G. 24 CFR 960.202(c)(l) (Tenant selection policies) and 24 CFR 982.54(a) (Administrative plan). (Housing Voucher Management and Operations; Public Housing Management and Occupancy) My agency requests a waiver of 24 CFR 960.202(c)(J) and/or 24 CFR 982.54(a) so that our public housing tenant selection policies and section 8 administrative plan may be revised on a temporary basis, without formal approval, to address circumstances unique to relief and recovery efforts. I have attached documentation that our Board of Commissioners or an authorized P HA official supports the waiver request. I have also attached documentation identifYing the temporary revisions. The adoption of these revisions does not constitute a significant amendment to our FHA plan, nor does state law prevent us from adopting the revisions without formal approval. I understand that these revisions will be in effect for a period not to exceed 12 months from the date ofHUD 's approval. H. 24 CFR 982.206(a)(2) (Waiting List; Opening and closing; Public notice). (Housing Voucher Management and Operations) My agency requests a waiver of 24 CFR 982.206(a)(2) so that we can provide public notice of the opening of our waiting list via our Web site, at any of our offices, and/or in a voice-mail message in lieu ofproviding notice in a local newspaper ofgeneral circulation. I understand that my agency must comply with the requirements at 24 CFR 982.206(a)(2) to provide public notice in minority media and ensure that the notice complies with HUD fair housing requirements. I understand that this waiver is in effect for a period not to exceed 12 months from the date of HUD approval. I. 24 CFR 982.503(c) (HUD approval of exception payment standard amount). (Housing Voucher Management and Operations) My agency requests to establish an exception payment standard amount that is higher than 110 percent of the publishedfair market rent (FMR). I have attached our proposed emergency exception payment standard schedule, which shows both the dollar amounts requested and those amounts as a percentage of the FMRs in effect at the time of the request. I understand that any approved exception payment standard will remain in effect until HUD revises the FMRs for the area. I also understand that increased per-family daltland on DSKBBV9HB2PROD with NOTICES costs resulting from the use of such exception payment standard may result in a reduction in the number offamilies assisted or may require my agency to adopt other cost-saving EN12SE18.004</GPH> VerDate Sep<11>2014 18:41 Sep 11, 2018 Jkt 244001 PO 00000 Frm 00051 Fmt 4703 Sfmt 4725 E:\FR\FM\12SEN1.SGM 12SEN1

Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices 46187 measures. J. 24 CFR 982.401(d) (Housing quality standards; Space and security). (Housing Voucher Management and Operations) My agency requests a waiver of 24 CFR 982.401 (d) so that we may allow families to occupy units that are smaller than our occupancy standards would otherwise dictate. I understand that this waiver is in effect only for HAPs entered into during the 12-month periodfollowing the date ofHUD approval, and then only with the written consent of the family. K. 24 CFR 982.633(a) (Occupancy of home). (Housing Voucher Management and Operations) My agency requests a waiver of 24 CFR 982. 633(a) so that we may continue HAP for homeownership for families displaced from their homes if needed to comply with mortgage terms or make necessary repairs. We have determined that the family is not receiving assistance from another source. I understand that such payments must cease if the family remains absent from their home for more than 180 consecutive calendar days. L. 24 CFR 984.303(d) (Contract of participation; contract extension). (Public Housing Management and Occupancy; Housing Voucher Management and Operations) My agency requests a waiver of24 CFR 984.303(d) so that a family's contract of participation may be extended for up to 3 years. I understand that such extensions may be made only during the 12-month periodfollowing the date ofHUD approval. M. 24 CFR 985.101(a) (Section 8 Management Assessment Program (SEMAP)). (Housing Voucher Management and Operations) My agency requests a waiver of 2 4 CFR 985.10 I (a) so that our SEMAP score from the previous year may be carried over. My agency has a fiscal year end of9/30/17, 12/31/17, or 3/31/18. N. Notice PIH 2012-10, Section S(c) (Verification of the Social Security Number (SSN)) (REAC) My agency requests a waiver of section 8(c) ofNotice PIH 2012-10 to allow for the submission ofForm HUD-50058 90 calendars days from receipt of an applicant's or participant's SSN documentation. I understand that this waiver will be in effect for a period not to exceed 12 months from the date of HUD approval. 0. Waivers not identified in FR-6050-N-02. My agency seeks waivers of the HUD requirements listed below. I have included documentation justifYing the needfor the waivers. daltland on DSKBBV9HB2PROD with NOTICES EN12SE18.005</GPH> VerDate Sep<11>2014 18:41 Sep 11, 2018 Jkt 244001 PO 00000 Frm 00052 Fmt 4703 Sfmt 4725 E:\FR\FM\12SEN1.SGM 12SEN1

46188 Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Notices [FR Doc. 2018–19708 Filed 9–11–18; 8:45 am] Service (FRS) at 1(800) 877–8339 to be made publicly available at any time. BILLING CODE 4210–67–C contact the above individual during While you can ask us in your comment normal business hours. The FRS is to withhold your personal identifying available 24 hours a day, 7 days a week, information from public review, we DEPARTMENT OF THE INTERIOR to leave a message or question with the cannot guarantee we will be able to do above individual. You will receive a so. Bureau of Land Management reply during normal business hours. Authority: 43 CFR 1784.4–2. [LLORB00000.L10200000.BS0000.LXSSH1 SUPPLEMENTARY INFORMATION: The meeting Thursday, October 11, will Jeff Krauss, 060000.18X.HAG 18–0149] consist of working sessions that pertain Acting Assistant Director, Communications. Notice of Public Meetings for the to the Lakeview Resource Management [FR Doc. 2018–19839 Filed 9–11–18; 8:45 am] Southeast Oregon Resource Advisory Plan Amendment (RMP–A) and the BILLING CODE 4310–33–P Council Southeast Oregon (Vale) RMP–A. The meeting Friday, October 12, will include AGENCY: Bureau of Land Management, DEPARTMENT OF THE INTERIOR discussions about potential management Interior. approaches for the draft alternatives for ACTION: Notice of public meeting. the Lakeview District’s RMP–A; Bureau of Land Management SUMMARY: In accordance with the development of interstate fuel breaks to [LLAK940000.L14100000.BX0000.18X. Federal Land Policy and Management protect against wildfire; a discussion of LXSS001L0100] Act of 1976 and the Federal Advisory potential comments to submit regarding the draft alternatives proposed for the Filing of Plats of Survey: Alaska Committee Act of 1972, the U.S. Department of the Interior, Bureau of Southeast Oregon RMP–A; a report on AGENCY: Bureau of Land Management, Land Management’s (BLM), Southeast the 2018 Fire Season; a presentation by Interior. Oregon Resource Advisory Council the State of Oregon Department of Fish ACTION: Notice of official filing. (RAC) will meet as indicated below. and Wildlife regarding their wolf management plan and how it applies to SUMMARY: The plats of survey of lands DATES: The Southeast Oregon RAC will Federal lands; and any other business described in this notice are scheduled to meet Thursday, October 11, and Friday, that may reasonably come before the October 12, 2018 from 8 a.m. to 5 p.m. be officially filed in the Bureau of Land RAC. Management (BLM), Alaska State Office, Pacific Daylight Time each day. A half- The 15-member Southeast Oregon hour comment period, during which the Anchorage, Alaska. The surveys, which RAC was chartered and appointed by were executed at the request of the U.S. public may address the RAC, will begin the Secretary of the Interior. Their at 4 p.m. Friday, October 12. The final Fish and Wildlife Service and the BLM, diverse perspectives are represented in are necessary for the management of agenda will be posted online at https:// commodity, conservation, and general www.blm.gov/get-involved/resource- these lands. interests. They provide advice to the advisory-council/near-you/oregon- DATES: The BLM must receive protests BLM and US Forest Service resource washington/southeast-oregon-rac at managers regarding management plans by October 12, 2018. least one week prior to the meeting. and proposed resource actions on public ADDRESSES: You may obtain a copy of ADDRESSES: This meeting will be held at land in southeast Oregon. All meetings the plats from the Alaska Public the Harney County Chamber of are open to the public in their entirety. Information Center at the BLM Alaska Commerce, 484 N Broadway, Burns, OR Information to be distributed to the RAC State Office, 222 W. 7th Avenue, 97720. is requested prior to the start of each Anchorage, AK 99513, upon required daltland on DSKBBV9HB2PROD with NOTICES FOR FURTHER INFORMATION CONTACT: meeting. payment. You may view the plats at this Larisa Bogardus, Public Affairs Officer, Before including your address, phone location at no cost. Please use this 1301 S G Street, Lakeview, Oregon number, email address, or other address when filing written protests. 97630; (541) 947–6811; lbogardus@ personal identifying information in your FOR FURTHER INFORMATION CONTACT: blm.gov. Persons who use a comments, please be aware that your Douglas N. Haywood, Chief, Branch of telecommunications device for the deaf entire comment—including your Cadastral Survey, Alaska State Office, EN12SE18.006</GPH> (TDD) may call the Federal Relay personal identifying information—may Bureau of Land Management, 222 W 7th VerDate Sep<11>2014 18:41 Sep 11, 2018 Jkt 244001 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\12SEN1.SGM 12SEN1


Document Created: 2018-09-12 02:06:22
Document Modified: 2018-09-12 02:06:22
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.
DatesApplicable: September 12, 2018.
ContactShelia Bethea, Office of Field Operations, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW, Room 4112, Washington, DC 20410-5000, telephone number 202-402-8120. Persons with hearing or speech impairments may access this number via TTY by calling the Federal Information Relay Service at 800-877-8339.
FR Citation83 FR 46180 
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