83_FR_687 83 FR 683 - Affirmatively Furthering Fair Housing: Extension of Deadline for Submission of Assessment of Fair Housing for Consolidated Plan Participants

83 FR 683 - Affirmatively Furthering Fair Housing: Extension of Deadline for Submission of Assessment of Fair Housing for Consolidated Plan Participants

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Federal Register Volume 83, Issue 4 (January 5, 2018)

Page Range683-685
FR Document2018-00106

This notice advises that HUD is extending the deadline for submission of an Assessment of Fair Housing (AFH) by local government consolidated plan program participants to their next AFH submission date that falls after October 31, 2020. Such program participants will not be required to submit an AFH using the current Office of Management and Budget (OMB)-approved version of the Assessment of Fair Housing Tool for Local Governments (OMB Control No: 2529-0054), but must continue to comply with existing obligations to affirmatively further fair housing. Local government program participants that have already submitted an AFH that has been accepted by HUD must continue to execute the goals of that AFH.

Federal Register, Volume 83 Issue 4 (Friday, January 5, 2018)
[Federal Register Volume 83, Number 4 (Friday, January 5, 2018)]
[Notices]
[Pages 683-685]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00106]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5173-N-15]


Affirmatively Furthering Fair Housing: Extension of Deadline for 
Submission of Assessment of Fair Housing for Consolidated Plan 
Participants

AGENCY: Office of the Assistant Secretary for Fair Housing and Equal 
Opportunity, HUD.

ACTION: Notice.

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

SUMMARY: This notice advises that HUD is extending the deadline for 
submission of an Assessment of Fair Housing (AFH) by local government 
consolidated plan program participants to their next AFH submission 
date that falls after October 31, 2020. Such program participants will 
not be required to submit an AFH using the current Office of Management 
and Budget (OMB)-approved version of the Assessment of Fair Housing 
Tool for Local Governments (OMB Control No: 2529-0054), but must 
continue to comply with existing obligations to affirmatively further 
fair housing. Local government program participants that have already 
submitted an AFH that has been accepted by HUD must continue to execute 
the goals of that AFH.

DATES: 
    Applicability Date: January 5, 2018.
    Comment Due Date: March 6, 2018.

[[Page 684]]


ADDRESSES: Interested persons are invited to submit comments responsive 
to this notice to the Office of General Counsel, Regulations Division, 
Department of Housing and Urban Development, 451 7th Street SW, Room 
10276, Washington, DC 20410-0001. All submissions should refer to the 
above docket number and title. Submission of public comments may be 
carried out by hard copy or electronic submission.
    1. Submission of Hard Copy Comments. Comments may be submitted by 
mail or hand delivery. Each commenter submitting hard copy comments, by 
mail or hand delivery, should submit comments to the address above, 
addressed to the attention of the Regulations Division. Due to security 
measures at all federal agencies, submission of comments by mail often 
results in delayed delivery. To ensure timely receipt of comments, HUD 
recommends that any comments submitted by mail be submitted at least 2 
weeks in advance of the public comment deadline. All hard copy comments 
received by mail or hand delivery are a part of the public record and 
will be posted to http://www.regulations.gov without change.
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
http://www.regulations.gov. HUD strongly encourages commenters to 
submit comments electronically. Electronic submission of comments 
allows the commenter maximum time to prepare and submit a comment, 
ensures timely receipt by HUD, and enables HUD to make comments 
immediately available to the public. Comments submitted electronically 
through the http://www.regulations.gov website can be viewed by other 
commenters and interested members of the public. Commenters should 
follow instructions provided on that site to submit comments 
electronically.
    No Facsimile Comments. Facsimile (fax) comments are not acceptable.
    Public Inspection of Comments. All comments submitted to HUD 
regarding this notice will be available, without charge, for public 
inspection and copying between 8 a.m. and 5 p.m., Eastern Time, 
weekdays at the above address. Due to security measures at the HUD 
Headquarters building, an advance appointment to review the public 
comments must be scheduled by calling the Regulations Division at 202-
708-3055 (this is not a toll-free number). Individuals with speech or 
hearing impairments may access this number through TTY by calling the 
Federal Relay Service at 800-877-8339 (this is a toll-free number). 
Copies of all comments submitted are available for inspection and 
downloading at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Krista Mills, Deputy Assistant 
Secretary, Office of Policy, Legislative Initiatives, and Outreach, 
Office Fair Housing and Equal Opportunity, Department of Housing and 
Urban Development, 451 7th Street SW, Room 5246, Washington, DC 20410; 
telephone number 202-402-6577. Individuals with hearing or speech 
impediments may access this number via TTY by calling the toll-free 
Federal Relay Service during working hours at 1-800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    On July 16, 2015, at 80 FR 42357, HUD published in the Federal 
Register its Affirmatively Furthering Fair Housing (AFFH) final rule. 
The AFFH final rule provides HUD program participants with a new 
approach for planning for fair housing outcomes that will assist them 
in meeting their statutory obligation to affirmatively further fair 
housing as required by the Fair Housing Act, 42 U.S.C. 3608. To assist 
HUD program participants in meeting this obligation, the AFFH rule 
provides that program participants must conduct an Assessment of Fair 
Housing (AFH) using an ``Assessment Tool.'' HUD's AFFH regulations 
provide for a staggered AFH submission deadline for its program 
participants. (See 24 CFR 5.160.)
    On October 24, 2016, at 81 FR 73129, HUD published a notice 
extending the deadline for submission of an AFH for local government 
consolidated plan participants that received in Fiscal Year (FY) 2015, 
or receive in a subsequent fiscal year, a CDBG grant of $500,000 or 
less, or in the case of a HOME consortium, whose members collectively 
received a CDBG grant of $500,000 or less, from the program year that 
begins on or after January 1, 2018, to the program year that begins on 
or after January 1, 2019 for which a new consolidated plan is due. By 
notice published in the Federal Register on January 13, 2017, at 82 FR 
4388, HUD announced the renewal of approval of the Assessment Tool for 
use by local governments that receive Community Development Block 
Grants (CDBG), HOME Investment Partnerships Program (HOME), Emergency 
Solutions Grants (ESG), or Housing Opportunities for Persons With AIDS 
(HOPWA) formula funding from HUD when conducting and submitting their 
own AFH, and in some joint and regional collaborations, as explained in 
that notice. This Assessment Tool is referred to as the Assessment of 
Fair Housing Tool for Local Governments.
    This notice extends the deadline for submission of an Assessment of 
Fair Housing (AFH) to all local government consolidated plan program 
participants until their next AFH submission deadline that falls after 
October 31, 2020. (See 24 CFR 5.160(a) for information about how to 
calculate a program participant's AFH submission deadline.) The AFFH 
rule requires that program participants have no less than 9 months 
after the publication of the OMB-approved assessment tool to submit 
their AFH. Therefore, the Department selected the October 31, 2020 date 
in anticipation that it will complete the Paperwork Reduction Act 
requirements and receive OMB approval to renew the Assessment of Fair 
Housing Tool for Local Governments by January 31, 2020. Local 
government program participants will not be required to submit an AFH 
using the current OMB-approved version of the Assessment of Fair 
Housing Tool for Local Governments (OMB Control No: 2529-0054), but 
must continue to comply with existing statutory obligations to 
affirmatively further fair housing. (See 42 U.S.C. 3608.) Local 
government program participants who qualified for an extension under 
the October 24, 2016 notice are also covered by this notice, extending 
their deadline for submission of an AFH to their next AFH submission 
deadline (See 24 CFR 5.160(a).) that falls after October 31, 2020.
    Based on the initial AFH reviews, HUD believes that program 
participants need additional time and technical assistance to adjust to 
the new AFFH process and complete AFH submissions that can be accepted 
by HUD. HUD's decision is informed by the review of AFH submissions 
received. Based on the first 49 AFH initial submissions that received a 
determination of accept, non-accept, or deemed accepted from HUD, the 
Department found that many program participants are striving to meet 
the requirements of the AFFH rule. In 2017, the Department conducted an 
evaluation of these submissions and found that more than a third (35%) 
were initially non-accepted.
    HUD's analysis identified several reasons that merit a delay of AFH 
submission deadlines, including program participants' need for 
additional technical assistance. HUD determined that many program 
participants struggled to meet the regulatory requirements of the AFFH 
rule, such as developing goals that

[[Page 685]]

could be reasonably expected to result in meaningful actions to 
overcome the effects of contributing factors and related fair housing 
issues. Further, program participants struggled to develop metrics and 
milestones that would measure their progress as they affirmatively 
furthering fair housing. HUD determined that program participants' 
frequent misunderstanding of how to set clear goals, metrics, and 
milestones that addressed their identified contributing factors and 
related fair housing issues often resulted in non-accepted AFHs. HUD 
believes that additional technical assistance may result in program 
participants better understanding their obligations under the AFFH 
rule. HUD also believes that by enhancing its technical assistance that 
resources expended by program participants will be reduced because they 
are more likely to submit an initial AFH that can be accepted by HUD.
    Additionally, HUD determined that significant staff resources are 
required when deciding that an AFH will not be accepted because it is 
inconsistent with fair housing or civil rights requirements or 
substantially incomplete, or both. (See 24 CFR 5.162 (a)(2)(b).) HUD 
believes that it can reduce the resources expended by program 
participants by examining and revising its technical assistance content 
and methods of delivery so that program participants' AFHs are more 
likely to meet the regulatory requirements on first submission.
    In order to reduce burden for program participants in conducting 
AFHs that meet the regulatory requirements, HUD, in the AFFH rule, 
encourages program participants to share resources and to address fair 
housing issues from a broader perspective by collaborating and 
submitting a single AFH. Nonetheless, HUD believes that some joint and 
regional collaborations that were non-accepted on their first 
submission may have benefited from technical assistance early in the 
process. For example, the largest regional AFH submitted to HUD 
consisted of 19 program participants. In its review of the AFH, HUD 
determined that each of the 19 program participants met the regulatory 
standards for nonacceptance. HUD believes that improving technical 
assistance for collaborative AFHs will enable collaborations to more 
efficiently use their resources to address fair housing issues that 
cross jurisdictional boundaries.
    Based on the initial AFH reviews, HUD believes that local 
government program participants need additional time and technical 
assistance from HUD to adjust to the new AFFH process and complete 
acceptable AFH submissions. HUD also believes it can use this time to 
improve its Data and Mapping Tool (AFFH-T) and the User Interface 
(AFFH-UI). The extension period allows HUD to further refine its 
materials to provide additional guidance to program participants. 
Finally, this extension allows HUD staff to devote additional time to 
providing program participants, and program participants in an AFH 
collaboration, with technical assistance on the legal objective to 
affirmatively further fair housing.
    Consolidated plan program participants must continue to comply with 
existing, ongoing obligations to affirmatively further fair housing. 
Until a consolidated plan program participant is required to submit an 
AFH, it will continue to provide the AFFH Consolidated plan 
certification in accordance with the requirements that existed prior to 
August 17, 2015. See 24 CFR 5.160(a)(3). The requirements obligated a 
program participant to certify that it will affirmatively further fair 
housing, which means that it will conduct an analysis of impediments 
(AI) to fair housing choice within the jurisdiction, take appropriate 
actions to overcome the effects of any impediments identified through 
that analysis, and maintain records reflecting the analysis and 
actions.
    For Consolidated plan program participants that are starting a new 
3-5-year Consolidated plan cycle that begins before their due date for 
an AFH, the AI should continue to be updated in accordance with the 
HUD, Fair Housing Planning Guide (1996), available at https://www.hud.gov/sites/documents/FHPG.PDF until those consolidated plan 
program participants submit an AFH after October 31, 2020. HUD 
encourages consolidated plan program participants to use the data and 
mapping tool and the AFH Assessment Tool as resources for program 
participants that are updating their AIs. HUD encourages program 
participants to collaborate to develop a regional AI, as regional 
collaborations provide an opportunity for program participants to share 
resources and address fair housing issues that cross jurisdictional 
boundaries.\1\
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    \1\ Please refer to HUD's 2017 interim guidance for additional 
information on collaboration, specifically the Q&A captioned: ``How 
can States Collaborate with Local Governments or PHAs?''. The 
guidance is available at: https://www.hudexchange.info/resources/documents/Interim-Guidance-for-Program-Participants-on-Status-of-Assessment-Tools-and-Submission-Options.pdf. This guidance is 
generally applicable to all types of program participants.
---------------------------------------------------------------------------

    Program participants that have already submitted an AFH which has 
been accepted by HUD must continue to execute the goals of that 
accepted AFH and are not required to conduct a separate AI. Program 
participants that are covered by this notice and that may have already 
begun work on an AFH may continue to do so, as the AFFH rule may 
provide program participants with a useful framework for complying with 
their AFFH obligation.
    HUD will discontinue the review of AFHs currently under review and 
will not render an accept, deemed accepted, or non-accept 
determination. Program participants that received a non-accept decision 
from HUD on their AFH submission and are preparing to re-submit an AFH 
are also covered by this notice and should not submit their revised 
AFHs. HUD encourages these program participants to use the information 
contained in their draft AFHs to conduct the required AI analysis. 
Finally, program participants prepared to submit their first AFH are 
covered by this notice and should not submit an AFH to HUD. Program 
participants that have not received an accept or non-accept 
determination from HUD, or that have received a non-accept but will no 
longer be required to resubmit their AFH, are still required to prepare 
an AI, as described above in this notice.
    HUD is issuing this notice for applicability immediately upon 
publication. Program participants must continue to affirmatively 
further fair housing as required by the Fair Housing Act. 42 U.S.C. 
3608.
    Although HUD is issuing this notice for applicability immediately 
upon publication, it also invites public comment for a period of 60-
days on the extension. HUD will consider all the comments in its 
ongoing process of reviewing the Assessment of Fair Housing Tool for 
Local Governments.

    Dated: January 2, 2018.
Anna Maria Far[iacute]as,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 2018-00106 Filed 1-4-18; 8:45 am]
BILLING CODE 4210-67-P



                                                                                Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices                                                      683

                                                 Contact Person: Donald Scott Wright,                    Time: 8:00 a.m. to 6:00 p.m.                         Scientific Review, National Institutes of
                                               Ph.D., Scientific Review Officer, Center for              Agenda: To review and evaluate grant                 Health, 6701 Rockledge Drive, Room 4183,
                                               Scientific Review, National Institutes of               applications.                                          MSC 7850, Bethesda, MD 20892, 301–435–
                                               Health, 6701 Rockledge Drive, Room 5108,                  Place: The Westgate Hotel, 1055 Second               1203, taupenol@csr.nih.gov.
                                               MSC 7854, Bethesda, MD 20892, (301) 435–                Avenue, San Diego, CA 92101.                             Name of Committee: Center for Scientific
                                               8363, wrightds@csr.nih.gov.                               Contact Person: Ying-Yee Kong, Ph.D.,                Review Special Emphasis Panel, Integrative
                                                 Name of Committee: Vascular and                       Scientific Review Officer, Center for                  Nutrition and Metabolic Processes.
                                               Hematology Integrated Review Group,                     Scientific Review, National Institutes of                Date: February 8, 2018.
                                               Hypertension and Microcirculation Study                 Health, 6701 Rockledge Drive, Room 5185,                 Time: 1:30 p.m. to 2:30 p.m.
                                               Section.                                                Bethesda, MD 20892, ying-yee.kong@nih.gov.               Agenda: To review and evaluate grant
                                                 Date: February 8–9, 2018.                               Name of Committee: Emerging                          applications.
                                                 Time: 8:00 a.m. to 6:00 p.m.                          Technologies and Training Neurosciences                  Place: Westin Grand, 2350 M Street NW,
                                                 Agenda: To review and evaluate grant                  Integrated Review Group, Neuroscience and              Washington, DC 20037.
                                               applications.                                           Ophthalmic Imaging Technologies Study                    Contact Person: Gary Hunnicutt, Ph.D.,
                                                 Place: Hilton Garden Inn Orlando East                 Section.                                               Scientific Review Officer, Center for
                                               UCF, 1959 N. Alafaya Trail, Orlando, FL                   Date: February 8–9, 2018.                            Scientific Review, National Institutes of
                                               32822.                                                    Time: 8:00 a.m. to 5:00 p.m.                         Health, 6701 Rockledge Drive, Room 6164,
                                                 Contact Person: Ai-Ping Zou, M.D., Ph.D.,               Agenda: To review and evaluate grant                 MSC 7892, Bethesda, MD 20892, 301–435–
                                               Scientific Review Officer, Center for                   applications.                                          0229, hunnicuttgr@csr.nih.gov.
                                               Scientific Review, National Institutes of                 Place: Renaissance Washington, DC                    (Catalogue of Federal Domestic Assistance
                                               Health, 6701 Rockledge Drive, Room 4118,                Downtown Hotel, 999 Ninth Street,                      Program Nos. 93.306, Comparative Medicine;
                                               MSC 7814, Bethesda, MD 20892, 301–408–                  Washington, DC 20001.                                  93.333, Clinical Research, 93.306, 93.333,
                                               9497, zouai@mail.nih.gov.                                 Contact Person: Yvonne Bennett, Ph.D.,               93.337, 93.393–93.396, 93.837–93.844,
                                                 Name of Committee: Endocrinology,                     Scientific Review Officer, Center for                  93.846–93.878, 93.892, 93.893, National
                                               Metabolism, Nutrition and Reproductive                  Scientific Review, National Institutes of              Institutes of Health, HHS).
                                               Sciences Integrated Review Group,                       Health, 6701 Rockledge Drive, Room 5199,
                                               Integrative Nutrition and Metabolic Processes           MSC 7846, Bethesda, MD 20892, 301–379–                   Dated: December 29, 2017.
                                               Study Section.                                          3793, bennetty@csr.nih.gov.                            Anna Snouffer,
                                                 Date: February 8–9, 2018.                               Name of Committee: Risk, Prevention and              Deputy Director, Office of Federal Advisory
                                                 Time: 8:00 a.m. to 1:00 p.m.                          Health Behavior Integrated Review Group,               Committee Policy.
                                                 Agenda: To review and evaluate grant                  Behavioral Medicine, Interventions and                 [FR Doc. 2018–00052 Filed 1–4–18; 8:45 am]
                                               applications.                                           Outcomes Study Section.
                                                 Place: Westin Grand, 2350 M Street NW,                                                                       BILLING CODE 4140–01–P
                                                                                                         Date: February 8–9, 2018.
                                               Washington, DC 20037.                                     Time: 8:00 a.m. to 6:00 p.m.
                                                 Contact Person: Gregory S Shelness, Ph.D.,              Agenda: To review and evaluate grant
                                               Scientific Review Officer, Center for                   applications.                                          DEPARTMENT OF HOUSING AND
                                               Scientific Review, National Institutes of                 Place: Doubletree Guest Suites Santa
                                               Health, 6701 Rockledge Drive, Room 6156,                                                                       URBAN DEVELOPMENT
                                                                                                       Monica, 1707 Fourth Street, Santa Monica,
                                               Bethesda, MD 20892–7892, 301–755–4335,                  CA 90401.                                              [Docket No. FR–5173–N–15]
                                               greg.shelness@nih.gov.                                    Contact Person: Lee S Mann, Ph.D.,
                                                 Name of Committee: Bioengineering                     Scientific Review Officer, Center for                  Affirmatively Furthering Fair Housing:
                                               Sciences & Technologies Integrated Review               Scientific Review, National Institutes of              Extension of Deadline for Submission
                                               Group, Nanotechnology Study Section.                    Health, 6701 Rockledge Drive, Room 3224,
                                                 Date: February 8–9, 2018.                             MSC 7808, Bethesda, MD 20892, 301–435–
                                                                                                                                                              of Assessment of Fair Housing for
                                                 Time: 8:00 a.m. to 5:00 p.m.                          0677, mannl@csr.nih.gov.                               Consolidated Plan Participants
                                                 Agenda: To review and evaluate grant                    Name of Committee: Musculoskeletal, Oral             AGENCY:  Office of the Assistant
                                               applications.                                           and Skin Sciences Integrated Review Group,
                                                 Place: Baltimore Marriott Waterfront, 700
                                                                                                                                                              Secretary for Fair Housing and Equal
                                                                                                       Skeletal Biology Development and Disease               Opportunity, HUD.
                                               Aliceanna Street, Baltimore, MD 21202.                  Study Section.
                                                 Contact Person: James J Li, Ph.D., Scientific           Date: February 8–9, 2018.                            ACTION: Notice.
                                               Review Officer, Center for Scientific Review,             Time: 8:00 a.m. to 3:00 p.m.
                                               National Institutes of Health, 6701 Rockledge             Agenda: To review and evaluate grant                 SUMMARY:   This notice advises that HUD
                                               Drive, Room 5148, MSC 7849, Bethesda, MD                applications.                                          is extending the deadline for submission
                                               20892, 301–806–8065, lijames@csr.nih.gov.                 Place: Westin Baltimore Washington                   of an Assessment of Fair Housing (AFH)
                                                 Name of Committee: Molecular, Cellular                Airport, 1100 Old Elkridge Landing Road,               by local government consolidated plan
                                               and Developmental Neuroscience Integrated               Linthicum Heights, MD 21090.                           program participants to their next AFH
                                               Review Group, Cellular and Molecular                      Contact Person: Aruna K Behera, Ph.D.,               submission date that falls after October
                                               Biology of Glia Study Section.                          Scientific Review Officer, Center for                  31, 2020. Such program participants
                                                 Date: February 8–9, 2018.                             Scientific Review, National Institutes of
                                                                                                                                                              will not be required to submit an AFH
                                                 Time: 8:00 a.m. to 5:00 p.m.                          Health, 6701 Rockledge Drive, Room 4211,
                                                 Agenda: To review and evaluate grant                  MSC 7814, Bethesda, MD 20892, 301–435–                 using the current Office of Management
                                               applications.                                           6809, beheraak@csr.nih.gov.                            and Budget (OMB)-approved version of
                                                 Place: St. Gregory Hotel, 2033 M Street                 Name of Committee: Molecular, Cellular               the Assessment of Fair Housing Tool for
                                               NW, Washington, DC 20036.                               and Developmental Neuroscience Integrated              Local Governments (OMB Control No:
                                                 Contact Person: Linda MacArthur, Ph.D.,               Review Group, Cellular and Molecular                   2529–0054), but must continue to
                                               Scientific Review Officer, Center for                   Biology of Neurodegeneration Study Section.            comply with existing obligations to
                                               Scientific Review, National Institutes of                 Date: February 8–9, 2018.                            affirmatively further fair housing. Local
daltland on DSKBBV9HB2PROD with NOTICES




                                               Health, 6701 Rockledge Drive, Room 4187,                  Time: 8:30 a.m. to 4:00 p.m.                         government program participants that
                                               Bethesda, MD 20892, 301–537–9986,                         Agenda: To review and evaluate grant                 have already submitted an AFH that has
                                               macarthurlh@csr.nih.gov.                                applications.                                          been accepted by HUD must continue to
                                                 Name of Committee: Integrative,                         Place: SpringHill Suites San Diego
                                                                                                                                                              execute the goals of that AFH.
                                               Functional and Cognitive Neuroscience                   Downtown/Bayfront, 900 Bayfront Court, San
                                               Integrated Review Group, Auditory System                Diego, CA 92101.                                       DATES:
                                               Study Section.                                            Contact Person: Laurent Taupenot, Ph.D.,                Applicability Date: January 5, 2018.
                                                 Date: February 8–9, 2018.                             Scientific Review Officer, Center for                     Comment Due Date: March 6, 2018.


                                          VerDate Sep<11>2014   16:30 Jan 04, 2018   Jkt 244001   PO 00000   Frm 00030   Fmt 4703   Sfmt 4703   E:\FR\FM\05JAN1.SGM   05JAN1


                                               684                              Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices

                                               ADDRESSES:   Interested persons are                     a toll-free number). Copies of all                     as explained in that notice. This
                                               invited to submit comments responsive                   comments submitted are available for                   Assessment Tool is referred to as the
                                               to this notice to the Office of General                 inspection and downloading at http://                  Assessment of Fair Housing Tool for
                                               Counsel, Regulations Division,                          www.regulations.gov.                                   Local Governments.
                                               Department of Housing and Urban                         FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                This notice extends the deadline for
                                               Development, 451 7th Street SW, Room                    Krista Mills, Deputy Assistant Secretary,              submission of an Assessment of Fair
                                               10276, Washington, DC 20410–0001. All                                                                          Housing (AFH) to all local government
                                                                                                       Office of Policy, Legislative Initiatives,
                                               submissions should refer to the above                                                                          consolidated plan program participants
                                                                                                       and Outreach, Office Fair Housing and
                                               docket number and title. Submission of                                                                         until their next AFH submission
                                                                                                       Equal Opportunity, Department of
                                               public comments may be carried out by                                                                          deadline that falls after October 31,
                                                                                                       Housing and Urban Development, 451
                                               hard copy or electronic submission.                                                                            2020. (See 24 CFR 5.160(a) for
                                                                                                       7th Street SW, Room 5246, Washington,
                                                  1. Submission of Hard Copy                                                                                  information about how to calculate a
                                                                                                       DC 20410; telephone number 202–402–
                                               Comments. Comments may be                                                                                      program participant’s AFH submission
                                                                                                       6577. Individuals with hearing or
                                               submitted by mail or hand delivery.                                                                            deadline.) The AFFH rule requires that
                                                                                                       speech impediments may access this
                                               Each commenter submitting hard copy                                                                            program participants have no less than
                                                                                                       number via TTY by calling the toll-free
                                               comments, by mail or hand delivery,                                                                            9 months after the publication of the
                                                                                                       Federal Relay Service during working                   OMB-approved assessment tool to
                                               should submit comments to the address
                                               above, addressed to the attention of the                hours at 1–800–877–8339.                               submit their AFH. Therefore, the
                                               Regulations Division. Due to security                   SUPPLEMENTARY INFORMATION:                             Department selected the October 31,
                                               measures at all federal agencies,                       I. Background                                          2020 date in anticipation that it will
                                               submission of comments by mail often                                                                           complete the Paperwork Reduction Act
                                               results in delayed delivery. To ensure                     On July 16, 2015, at 80 FR 42357,                   requirements and receive OMB approval
                                               timely receipt of comments, HUD                         HUD published in the Federal Register                  to renew the Assessment of Fair
                                               recommends that any comments                            its Affirmatively Furthering Fair                      Housing Tool for Local Governments by
                                               submitted by mail be submitted at least                 Housing (AFFH) final rule. The AFFH                    January 31, 2020. Local government
                                               2 weeks in advance of the public                        final rule provides HUD program                        program participants will not be
                                               comment deadline. All hard copy                         participants with a new approach for                   required to submit an AFH using the
                                               comments received by mail or hand                       planning for fair housing outcomes that                current OMB-approved version of the
                                               delivery are a part of the public record                will assist them in meeting their                      Assessment of Fair Housing Tool for
                                               and will be posted to http://                           statutory obligation to affirmatively                  Local Governments (OMB Control No:
                                               www.regulations.gov without change.                     further fair housing as required by the                2529–0054), but must continue to
                                                  2. Electronic Submission of                          Fair Housing Act, 42 U.S.C. 3608. To                   comply with existing statutory
                                               Comments. Interested persons may                        assist HUD program participants in                     obligations to affirmatively further fair
                                               submit comments electronically through                  meeting this obligation, the AFFH rule                 housing. (See 42 U.S.C. 3608.) Local
                                               the Federal eRulemaking Portal at                       provides that program participants must                government program participants who
                                               http://www.regulations.gov. HUD                         conduct an Assessment of Fair Housing                  qualified for an extension under the
                                               strongly encourages commenters to                       (AFH) using an ‘‘Assessment Tool.’’                    October 24, 2016 notice are also covered
                                               submit comments electronically.                         HUD’s AFFH regulations provide for a                   by this notice, extending their deadline
                                               Electronic submission of comments                       staggered AFH submission deadline for                  for submission of an AFH to their next
                                               allows the commenter maximum time to                    its program participants. (See 24 CFR                  AFH submission deadline (See 24 CFR
                                               prepare and submit a comment, ensures                   5.160.)                                                5.160(a).) that falls after October 31,
                                               timely receipt by HUD, and enables                         On October 24, 2016, at 81 FR 73129,                2020.
                                               HUD to make comments immediately                        HUD published a notice extending the                     Based on the initial AFH reviews,
                                               available to the public. Comments                       deadline for submission of an AFH for                  HUD believes that program participants
                                               submitted electronically through the                    local government consolidated plan                     need additional time and technical
                                               http://www.regulations.gov website can                  participants that received in Fiscal Year              assistance to adjust to the new AFFH
                                               be viewed by other commenters and                       (FY) 2015, or receive in a subsequent                  process and complete AFH submissions
                                               interested members of the public.                       fiscal year, a CDBG grant of $500,000 or               that can be accepted by HUD. HUD’s
                                               Commenters should follow instructions                   less, or in the case of a HOME                         decision is informed by the review of
                                               provided on that site to submit                         consortium, whose members                              AFH submissions received. Based on
                                               comments electronically.                                collectively received a CDBG grant of                  the first 49 AFH initial submissions that
                                                  No Facsimile Comments. Facsimile                     $500,000 or less, from the program year                received a determination of accept, non-
                                               (fax) comments are not acceptable.                      that begins on or after January 1, 2018,               accept, or deemed accepted from HUD,
                                                  Public Inspection of Comments. All                   to the program year that begins on or                  the Department found that many
                                               comments submitted to HUD regarding                     after January 1, 2019 for which a new                  program participants are striving to
                                               this notice will be available, without                  consolidated plan is due. By notice                    meet the requirements of the AFFH rule.
                                               charge, for public inspection and                       published in the Federal Register on                   In 2017, the Department conducted an
                                               copying between 8 a.m. and 5 p.m.,                      January 13, 2017, at 82 FR 4388, HUD                   evaluation of these submissions and
                                               Eastern Time, weekdays at the above                     announced the renewal of approval of                   found that more than a third (35%) were
                                               address. Due to security measures at the                the Assessment Tool for use by local                   initially non-accepted.
                                               HUD Headquarters building, an advance                   governments that receive Community                       HUD’s analysis identified several
                                               appointment to review the public                        Development Block Grants (CDBG),                       reasons that merit a delay of AFH
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                                               comments must be scheduled by calling                   HOME Investment Partnerships Program                   submission deadlines, including
                                               the Regulations Division at 202–708–                    (HOME), Emergency Solutions Grants                     program participants’ need for
                                               3055 (this is not a toll-free number).                  (ESG), or Housing Opportunities for                    additional technical assistance. HUD
                                               Individuals with speech or hearing                      Persons With AIDS (HOPWA) formula                      determined that many program
                                               impairments may access this number                      funding from HUD when conducting                       participants struggled to meet the
                                               through TTY by calling the Federal                      and submitting their own AFH, and in                   regulatory requirements of the AFFH
                                               Relay Service at 800–877–8339 (this is                  some joint and regional collaborations,                rule, such as developing goals that


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                                                                                Federal Register / Vol. 83, No. 4 / Friday, January 5, 2018 / Notices                                                      685

                                               could be reasonably expected to result                  complete acceptable AFH submissions.                   been accepted by HUD must continue to
                                               in meaningful actions to overcome the                   HUD also believes it can use this time                 execute the goals of that accepted AFH
                                               effects of contributing factors and                     to improve its Data and Mapping Tool                   and are not required to conduct a
                                               related fair housing issues. Further,                   (AFFH–T) and the User Interface                        separate AI. Program participants that
                                               program participants struggled to                       (AFFH–UI). The extension period                        are covered by this notice and that may
                                               develop metrics and milestones that                     allows HUD to further refine its                       have already begun work on an AFH
                                               would measure their progress as they                    materials to provide additional guidance               may continue to do so, as the AFFH rule
                                               affirmatively furthering fair housing.                  to program participants. Finally, this                 may provide program participants with
                                               HUD determined that program                             extension allows HUD staff to devote                   a useful framework for complying with
                                               participants’ frequent misunderstanding                 additional time to providing program                   their AFFH obligation.
                                               of how to set clear goals, metrics, and                 participants, and program participants                    HUD will discontinue the review of
                                               milestones that addressed their                         in an AFH collaboration, with technical                AFHs currently under review and will
                                               identified contributing factors and                     assistance on the legal objective to                   not render an accept, deemed accepted,
                                               related fair housing issues often resulted              affirmatively further fair housing.                    or non-accept determination. Program
                                               in non-accepted AFHs. HUD believes                         Consolidated plan program                           participants that received a non-accept
                                               that additional technical assistance may                participants must continue to comply                   decision from HUD on their AFH
                                               result in program participants better                   with existing, ongoing obligations to                  submission and are preparing to re-
                                               understanding their obligations under                   affirmatively further fair housing. Until              submit an AFH are also covered by this
                                               the AFFH rule. HUD also believes that                   a consolidated plan program participant                notice and should not submit their
                                               by enhancing its technical assistance                   is required to submit an AFH, it will                  revised AFHs. HUD encourages these
                                               that resources expended by program                      continue to provide the AFFH                           program participants to use the
                                               participants will be reduced because                    Consolidated plan certification in                     information contained in their draft
                                               they are more likely to submit an initial               accordance with the requirements that                  AFHs to conduct the required AI
                                               AFH that can be accepted by HUD.                        existed prior to August 17, 2015. See 24               analysis. Finally, program participants
                                                  Additionally, HUD determined that                    CFR 5.160(a)(3). The requirements                      prepared to submit their first AFH are
                                               significant staff resources are required                obligated a program participant to                     covered by this notice and should not
                                               when deciding that an AFH will not be                   certify that it will affirmatively further             submit an AFH to HUD. Program
                                               accepted because it is inconsistent with                fair housing, which means that it will                 participants that have not received an
                                               fair housing or civil rights requirements               conduct an analysis of impediments (AI)                accept or non-accept determination
                                               or substantially incomplete, or both.                   to fair housing choice within the                      from HUD, or that have received a non-
                                               (See 24 CFR 5.162 (a)(2)(b).) HUD                       jurisdiction, take appropriate actions to              accept but will no longer be required to
                                               believes that it can reduce the resources               overcome the effects of any                            resubmit their AFH, are still required to
                                               expended by program participants by                     impediments identified through that                    prepare an AI, as described above in this
                                               examining and revising its technical                    analysis, and maintain records reflecting              notice.
                                               assistance content and methods of                       the analysis and actions.                                 HUD is issuing this notice for
                                               delivery so that program participants’                     For Consolidated plan program                       applicability immediately upon
                                               AFHs are more likely to meet the                        participants that are starting a new 3–5-              publication. Program participants must
                                               regulatory requirements on first                        year Consolidated plan cycle that begins               continue to affirmatively further fair
                                               submission.                                             before their due date for an AFH, the AI               housing as required by the Fair Housing
                                                  In order to reduce burden for program                should continue to be updated in                       Act. 42 U.S.C. 3608.
                                               participants in conducting AFHs that                    accordance with the HUD, Fair Housing                     Although HUD is issuing this notice
                                               meet the regulatory requirements, HUD,                  Planning Guide (1996), available at                    for applicability immediately upon
                                               in the AFFH rule, encourages program                    https://www.hud.gov/sites/documents/                   publication, it also invites public
                                               participants to share resources and to                  FHPG.PDF until those consolidated plan                 comment for a period of 60-days on the
                                               address fair housing issues from a                      program participants submit an AFH                     extension. HUD will consider all the
                                               broader perspective by collaborating                    after October 31, 2020. HUD encourages                 comments in its ongoing process of
                                               and submitting a single AFH.                            consolidated plan program participants                 reviewing the Assessment of Fair
                                               Nonetheless, HUD believes that some                     to use the data and mapping tool and                   Housing Tool for Local Governments.
                                               joint and regional collaborations that                  the AFH Assessment Tool as resources
                                               were non-accepted on their first                        for program participants that are                        Dated: January 2, 2018.
                                               submission may have benefited from                      updating their AIs. HUD encourages                     Anna Maria Farı́as,
                                               technical assistance early in the process.              program participants to collaborate to                 Assistant Secretary for Fair Housing and
                                               For example, the largest regional AFH                   develop a regional AI, as regional                     Equal Opportunity.
                                               submitted to HUD consisted of 19                        collaborations provide an opportunity                  [FR Doc. 2018–00106 Filed 1–4–18; 8:45 am]
                                               program participants. In its review of                  for program participants to share                      BILLING CODE 4210–67–P
                                               the AFH, HUD determined that each of                    resources and address fair housing
                                               the 19 program participants met the                     issues that cross jurisdictional
                                               regulatory standards for nonacceptance.                 boundaries.1                                           DEPARTMENT OF THE INTERIOR
                                               HUD believes that improving technical                      Program participants that have
                                               assistance for collaborative AFHs will                  already submitted an AFH which has                     Bureau of Ocean Energy Management
                                               enable collaborations to more efficiently                                                                      [Docket No. BOEM–2017–0020]
                                               use their resources to address fair                       1 Please refer to HUD’s 2017 interim guidance for
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                                                                                                       additional information on collaboration,
                                               housing issues that cross jurisdictional                specifically the Q&A captioned: ‘‘How can States       Outer Continental Shelf Official
                                               boundaries.                                             Collaborate with Local Governments or PHAs?’’.         Protraction Diagrams MMAA104000
                                                  Based on the initial AFH reviews,                    The guidance is available at: https://
                                               HUD believes that local government                      www.hudexchange.info/resources/documents/              AGENCY: Bureau of Ocean Energy
                                                                                                       Interim-Guidance-for-Program-Participants-on-          Management, Interior.
                                               program participants need additional                    Status-of-Assessment-Tools-and-Submission-
                                               time and technical assistance from HUD                  Options.pdf. This guidance is generally applicable     ACTION: Availability of World Geodetic
                                               to adjust to the new AFFH process and                   to all types of program participants.                  System Datum of 1984 Outer


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Document Created: 2018-10-26 09:31:18
Document Modified: 2018-10-26 09:31:18
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.
DatesApplicability Date: January 5, 2018.
ContactKrista Mills, Deputy Assistant Secretary, Office of Policy, Legislative Initiatives, and Outreach, Office Fair Housing and Equal Opportunity, Department of Housing and Urban Development, 451 7th Street SW, Room 5246, Washington, DC 20410; telephone number 202-402-6577. Individuals with hearing or speech impediments may access this number via TTY by calling the toll-free Federal Relay Service during working hours at 1-800-877-8339.
FR Citation83 FR 683 

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