68616 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Notices 

used to appropriately disburse and 

utilize the funds provided to PHAs. 

Additionally, these forms provide the 

information necessary to approve a 

financing transaction in addition to any 

Mixed-Finance and Capital Fund 

Financing transactions. Respondents 

include the approximately 3,200 PHA 

receiving Capital Funds and any other 

PHAs wishing to pursue financing. 

Frequency of Submission: On 

occasion, Monthly, Annually, Other per 

Transaction. 

Number of 

respondents 

Annual 

responses × Hours per response = Burden hours 

Reporting Burden .............................................................................. 3,105 23.460 4.497 327,590 

Total Estimated Burden Hours: 

327,590. 

Status: Revision of a currently 

approved collection. 

Authority: Section 3507 of the Paperwork 

Reduction Act of 1995, 44 U.S.C. 35, as 

amended. 

Dated: November 2, 2010. 

Colette Pollard, 

Departmental Reports Management Officer, 

Office of the Chief Information Officer. 

[FR Doc. 2010–28168 Filed 11–5–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5456–N–01] 

Notice of Certain Operating Cost 

Adjustment Factors for 2011 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Notice. 

SUMMARY: This notice establishes, for 

2011, operating cost adjustment factors 

(OCAFs). OCAFs are annual factors used 

to adjust Section 8 rents renewed under 

section 524 of the Multifamily Assisted 

Housing Reform and Affordability Act 

of 1997 (MAHRA). 

DATES: Effective Date: February 11, 

2011. 

FOR FURTHER INFORMATION CONTACT: Stan 

Houle, Housing Program Manager, 

Office of Housing Assistance and Grant 

Administration, Department of Housing 

and Urban Development, 451 7th Street, 

SW., Washington, DC 20410; telephone 

number 202–402–2572 (this is not a tollfree number). Hearing- or speechimpaired individuals may access this 

number through TTY by calling the tollfree Federal Information Relay Service 

at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. OCAFs 

Section 514(e)(2) of MAHRA requires 

HUD to establish guidelines for rent 

adjustments based on an OCAF. The 

statute requiring HUD to establish 

OCAFs for LIHPRHA projects and 

projects with contract renewals or 

adjustments under section 524 of 

MAHRA is similar in wording and 

intent. HUD has therefore developed a 

single factor to be applied uniformly to 

all projects utilizing OCAFs as the 

method by which renewal rents are 

established or adjusted. 

LIHPRHA projects are low-income 

housing projects insured by the Federal 

Housing Administration (FHA). 

LIHPRHA projects are primarily lowincome housing projects insured under 

section 221(d)(3) below-market interest 

rate (BMIR) and section 236 of the 

National Housing Act, respectively. 

Both categories of projects have lowincome use restrictions that have been 

extended beyond the 20-year period 

specified in the original documents, and 

both categories of projects also receive 

assistance under section 8 of the U.S. 

Housing Act of 1937 to support the 

continued low-income use. 

Additionally, MAHRA gives HUD 

broad discretion in setting OCAFs— 

referring, for example, in sections 

524(a)(4)(C)(i), 524(b)(1)(A), 524(b)(3)(A) 

and 524(c)(1) simply to ‘‘an operating 

cost adjustment factor established by the 

Secretary.’’ The sole limitation to this 

grant of authority is a specific 

requirement in each of the foregoing 

provisions that application of an OCAF 

‘‘shall not result in a negative 

adjustment.’’ Contract rents are adjusted 

by applying the OCAF to that portion of 

the rent attributable to operating 

expenses exclusive of debt service. 

OCAFs for FY2008, FY2009, and 

FY2010 were calculated as average 

percentage changes in OCAF-covered 

operating costs using FHA Annual 

Financial Statement (AFS) data. Unitweighted, project-level operating cost 

percentage changes were calculated at 

the State level using the most recent two 

years of data available. Three years of 

experience with this method have 

revealed the following weaknesses: 

• The relatively common practice of 

expensing major repairs and 

improvements in a single year produces 

large percentage changes in project 

operating costs when compared with the 

previous or subsequent years. These 

projects have a disproportionate impact 

on the OCAFs calculated, which occurs 

even when what would normally be 

considered a large percentage of the 

highest and lowest changes are 

excluded. 

• Because there are variations in 

projects that submit AFS from year to 

year, a different set of projects is used 

to calculate OCAFs for each of the past 

three years. It has been found that the 

multiplicative sum of annual estimates 

calculated in this manner differs 

significantly from results based on 

changes for the same group of projects 

over a given time interval. 

• The project-weighted percentage 

change method has been found to have 

an upward bias. This normally occurs 

because one-time large expense 

increases followed by a similar dollar 

decrease are not off-setting when 

calculated as percentages. 

Because of these problems, for 

FY2011 HUD is reverting to the preFY2008 methodology with limited 

changes that are subsequently noted. 

The Department continues to be 

interested in using actual FHA data for 

cost component categories, and it may 

make additional adjustments in the 

coming years based on further analysis. 

FY 2011 OCAFs are calculated as the 

sum of weighted average cost changes 

for wages, employee benefits, property 

taxes, insurance, supplies and 

equipment, fuel oil, electricity, natural 

gas, and water/sewer/trash using 

publicly available indices. The weights 

used in the pre-FY2008 OCAF 

calculations for each of the nine cost 

component groupings have been 

updated using current percentages 

attributable to each of the nine expense 

categories. Average expense proportions 

were calculated using the most recent 

three years of audited Annual Financial 

Statements from projects covered by 

OCAFs. The expenditure percentages for 

these nine categories have been found to 

be very stable over time, but using three 

years of data increases their stability. 

The nine cost component weights were 

calculated at the state level, which is the 

lowest level of geographical aggregation 

at which there is enough projects to 

permit statistical analysis. No data were 

available for the Western Pacific Islands, 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Notices 68617 

so data for Hawaii were used as the best 

available indicator of OCAFs for these 

areas. 

The best current price data sources for 

the nine cost categories were used in 

calculating annual change factors. Statelevel data for fuel oil, electricity, and 

natural gas from Department of Energy 

surveys are relatively current and 

continue to be used. Data on changes in 

employee benefits, insurance, property 

taxes, and water/sewer/trash costs are 

only available at the national level and 

also remain unchanged from the pre2008 methodology. Although State level 

data on wages is available through BLS’s 

Quarterly Covered Employment and 

Wage survey (QCEW), it is not used here 

because of the lag in availability and 

because QCEW wage changes include 

both the change in wages and the 

change in job classifications. Instead, 

HUD continues to use national 

Employment Cost Index (ECI) data on 

wage changes. Consumer Price Index 

data on goods and equipment have 

replaced a similar Producer Price Index 

(PPI) measure, because the PPI excluded 

the large percentage of such items that 

were not domestically produced. The 

data sources for the nine cost indicators 

selected used were as follows: 

• Labor Costs—First quarter, 2010 

Bureau of Labor Statistics (BLS) ECI, 

Private Industry Wages and Salaries, All 

Workers (Series ID CIU2030000000000I) 

at the National Level. 

• Property Taxes—2008–2009 Census 

Quarterly Summary of State and Local 

Government Tax Revenue—Table 1. 

Annual taxes are computed as the total 

of four quarters of tax receipts. Total 

annual taxes are then divided by 

number of households to arrive at 

average annual tax per household. 

Number of households is taken from the 

estimates program at the Bureau of the 

Census. http://www.census.gov/popest/ 

housing/HU-EST2009.html 

• Goods, Supplies, Equipment: April 

2009 to April 2010 Bureau of Labor 

Statistics (BLS) Consumer Price Index, 

All Items Less Food, Energy and shelter 

(Series ID CUUR0000SA0L12E) at the 

national level. 

• Insurance: April 2009 to April 2010 

Bureau of Labor Statistic (BLS) 

Consumer Price Index, Tenants and 

Household Insurance Index (Series ID 

CUUR0000SEHD) at the national level. 

• Fuel Oil: Energy Information 

Agency, 2008 to 2009 Retail Price of No. 

2 Fuel Oil to Residential Consumers 

cents per gallon excluding taxes. 

Department of Energy multi-state fuel 

oil grouping averages used for the States 

with insufficient fuel oil consumption 

to have separate estimates. http:// 

www.eia.gov/dnav/pet/pet_sum_mkt_a_

EPD2_PRT_cpgal_a.htm. 

• Electricity: Energy Information 

Agency, March 2010 ‘‘Electric Power 

Monthly’’ report, Table 5.6.B. http:// 

www.eia.doe.gov/cneaf/electricity/epm/ 

epm_sum.html. 

• Natural Gas: Energy Information 

Agency, Natural Gas, Residential Energy 

Price, 2008–2009 annual prices in 

dollars per 1,000 cubic feet at the state 

level. http://www.eia.doe.gov/dnav/ng/ 

ng_pri_sum_a_EPG0_PRS_DMcf_a.htm. 

• Water and Sewer: April 2009 to 

April 2010 Consumer Price Index, All 

Urban Consumers, Water and Sewer and 

Trash Collection Services (Series ID 

CUUR0000SEHG) at the national level. 

The sum of the nine cost component 

percentage weights equals 100 percent 

of operating costs for purposes of OCAF 

calculations. To calculate the OCAFs, 

state-level cost component weights 

developed from AFS data are multiplied 

by the selected inflation factors. For 

instance, if wages in Virginia comprised 

50 percent of total operating cost 

expenses and increased by 4 percent 

from 2008 to 2009, the wage increase 

component of the Virginia OCAF for 

2011 would be 2.0 percent (50% * 4%). 

This 2.0 percent would then be added 

to the increases for the other eight 

expense categories to calculate the 2006 

OCAF for Virginia. FY 2011 OCAFs are 

included as an Appendix to this Notice. 

II. MAHRA and LIHPRHA OCAF 

Procedures 

MAHRA, as amended, created the 

Mark-to-Market Program to reduce the 

cost of federal housing assistance, 

enhance HUD’s administration of such 

assistance, and ensure the continued 

affordability of units in certain 

multifamily housing projects. Section 

524 of MAHRA authorizes renewal of 

Section 8 project-based assistance 

contracts for projects without 

restructuring plans under the Mark-toMarket Program, including projects that 

are not eligible for a restructuring plan 

and those for which the owner does not 

request such a plan. Renewals must be 

at rents not exceeding comparable 

market rents except for certain projects. 

As an example, for Section 8 Moderate 

Rehabilitation projects, other than single 

room occupancy projects (SROs) under 

the McKinney-Vento Homeless 

Assistance Act (42 U.S.C. 11301 et seq.), 

that are eligible for renewal under 

section 524(b)(3) of MAHRA, the 

renewal rents are required to be set at 

the lesser of: (1) The existing rents 

under the expiring contract, as adjusted 

by the OCAF; (2) fair market rents (less 

any amounts allowed for tenantpurchased utilities); or (3) comparable 

market rents for the market area. 

LIHPRHA (see, in particular, section 

222(a)(2)(G)(i), 12 U.S.C. 4112(a)(2)(G) 

and the regulations at 24 CFR. 

248.145(a)(9)) requires that future rent 

adjustments for LIHPRHA projects be 

made by applying an annual factor, to 

be determined by HUD to the portion of 

project rent attributable to operating 

expenses for the project and, where the 

owner is a priority purchaser, to the 

portion of project rent attributable to 

project oversight costs. 

III. Findings and Certifications 

Environmental Impact 

This issuance sets forth rate 

determinations and related external 

administrative requirements and 

procedures that do not constitute a 

development decision affecting the 

physical condition of specific project 

areas or building sites. Accordingly, 

under 24 CFR 50.19(c)(6), this notice is 

categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321). 

Catalog of Federal Domestic Assistance 

Number 

The Catalog of Federal Domestic 

Assistance Number for this program is 

14.187. 

Dated: November 2, 2010. 

David H. Stevens, 

Assistant Secretary for Housing-Federal 

Housing Commissioner. 

Appendix 

Operating Cost Adjustment Factors for 2011 

Alabama .............................................. 2.4 

Alaska ................................................. 1.1 

Arizona ................................................ 2.6 

Arkansas ............................................. 2.1 

California ............................................. 1.8 

Colorado ............................................. 1.7 

Connecticut ......................................... 0.1 

Delaware ............................................. 1.5 

District of Columbia ............................ 1.7 

Florida ................................................. 2.7 

Georgia ............................................... 2.2 

Hawaii ................................................. 0.0 

Idaho ................................................... 3.0 

Illinois .................................................. 0.1 

Indiana ................................................ 2.0 

Iowa .................................................... 1.7 

Kansas ................................................ 2.2 

Kentucky ............................................. 2.2 

Louisiana ............................................ 0.8 

Maine .................................................. 0.0 

Maryland ............................................. 2.2 

Massachusetts .................................... 1.6 

Michigan ............................................. 2.2 

Minnesota ........................................... 1.1 

Mississippi .......................................... 2.1 

Missouri .............................................. 1.9 

Montana .............................................. 0.4 

Nebraska ............................................ 1.8 


jlentini on DSKJ8SOYB1PROD with NOTICES
68618 Federal Register / Vol. 75, No. 215 / Monday, November 8, 2010 / Notices 

1The record is defined in sec. 207.2(f) of the 

Commission’s Rules of Practice and Procedure (19 

CFR 207.2(f)). 

2When packaged together as a set for retail sale 

with an item that is separately classified under 

heading 8202 to 8205 of the HTS, diamond 

sawblades or parts thereof may be imported under 

HTS heading 8206. 

3Chairman Okun and Commissioners Lane and 

Pearson dissent, having determined that an industry 

in the United States is not materially injured or 

threatened with material injury by reason of LTFV 

imports of diamond sawblades and parts thereof 

from China and Korea. 

4Blackhawk Diamond ceased operations in 

January 2006. 

Nevada ............................................... 2.8 

New Hampshire .................................. 1.3 

New Jersey ......................................... 1.8 

New Mexico ........................................ 1.1 

New York ............................................ 0.3 

North Carolina .................................... 2.4 

North Dakota ...................................... 1.3 

Ohio .................................................... 2.1 

Oklahoma ........................................... 1.4 

Oregon ................................................ 2.6 

Pacific Islands ..................................... 0.0 

Pennsylvania ...................................... 2.0 

Puerto Rico ......................................... 2.1 

Rhode Island ...................................... 1.1 

South Carolina .................................... 2.5 

South Dakota ...................................... 0.5 

Tennessee .......................................... 2.5 

Texas .................................................. 1.9 

Utah .................................................... 2.4 

Vermont .............................................. 0.6 

Virgin Islands ...................................... 3.0 

Virginia ................................................ 2.4 

Washington ......................................... 2.7 

West Virginia ...................................... 3.2 

Wisconsin ........................................... 1.7 

Wyoming ............................................. 1.9 

U.S. Average ...................................... 1.7 

[FR Doc. 2010–28170 Filed 11–5–10; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Indian Affairs 

Indian Gaming 

AGENCY: Bureau of Indian Affairs, 

Interior. 

ACTION: Notice of Approved Tribal-State 

Compact Amendment. 

SUMMARY: This notice publishes 

approval of the 2010 Amendments to 

the Red Cliff Band of Lake Superior 

Chippewas (‘‘Tribe’’) and the State of 

Wisconsin Gaming Compact of 1991, as 

Amended in 1999 and 2003. 

DATES: Effective Date: November 8, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Paula L. Hart, Director, Office of Indian 

Gaming, Office of the Deputy Assistant 

Secretary—Policy and Economic 

Development, Washington, DC 20240, 

telephone: (202) 219–4066. 

SUPPLEMENTARY INFORMATION: Under 

section 11 of the Indian Gaming 

Regulatory Act of 1988 (IGRA), Public 

Law 100–497, 25 U.S.C. 2710, the 

Secretary of the Interior shall publish in 

the Federal Register notice of approved 

Tribal-State compacts for the purpose of 

engaging in Class III gaming activities 

on Indian lands. This Amendment 

allows the Tribe to obtain financing 

through an ‘‘Indian tribe,’’ as well as 

federally or state-chartered financial 

institutions. 

Dated: November 2, 2010. 

Larry Echo Hawk, 

Assistant Secretary—Indian Affairs. 

[FR Doc. 2010–28187 Filed 11–5–10; 8:45 am] 

BILLING CODE 4310–4N–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

[LLMT–06000–01–L10200000–PG0000] 

Notice of Public Meeting; Central 

Montana Resource Advisory Council 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Notice of public meeting. 

SUMMARY: In accordance with the 

Federal Land Policy and Management 

Act and the Federal Advisory 

Committee Act of 1972, the U.S. 

Department of the Interior, Bureau of 

Land Management (BLM) Central 

Montana Resource Advisory Council 

(RAC) will meet as indicated below. 

DATES: The meeting will be held 

December 7 and 8, 2010. The December 

7 meeting will begin at 10 a.m. with a 

30-minute public comment period and 

will adjourn at 5:30 p.m. The December 

8 meeting will begin at 8 a.m. with a 30- 

minute public comment period and will 

adjourn at 3 p.m. 

ADDRESSES: The meeting will be in the 

Calvert Hotel (216 7th Av. South) in 

Lewistown, Montana. 

SUPPLEMENTARY INFORMATION: This 15- 

member council advises the Secretary of 

the Interior on a variety of management 

issues associated with public land 

management in Montana. During these 

meetings the council will participate in/ 

discuss/act upon these topics: RAC 

comments and discussions; new 

member orientation; welcome for the 

new Montana/Dakotas State Director; 

the Plains and Prairie Potholes 

Landscape Conservation Cooperative; 

District Managers’ updates; discussion 

about operating a successful RAC; the 

2010 RAC workplan accomplishments; 

the 2011 RAC workplan input and 

decisions; OHV enforcement problems 

and fines for violators; potential new 

partnerships with stakeholders; the 

Monument Update Newsletter; the 

Limekiln project and the Rocky 

Mountain Elk Foundation Stewardship 

program; and administrative details. 

All RAC meetings are open to the 

public. The public may present written 

comments to the RAC. Each formal RAC 

meeting will also have time allocated for 

hearing public comments. Depending on 

the number of persons wishing to 

comment and time available, the time 

for individual oral comments may be 

limited. 

FOR FURTHER INFORMATON CONTACT: Gary 

L. ‘‘Stan’’ Benes, Lewistown Field 

Manager, Lewistown Field Office, 920 

NE Main, Lewistown, MT 59457, (406) 

538–1900. 

Phillip C. Perlewitz, 

Acting State Director, Montana/Dakotas BLM. 

[FR Doc. 2010–28179 Filed 11–5–10; 8:45 am] 

BILLING CODE 4310–DN–P 

INTERNATIONAL TRADE 

COMMISSION 

[Investigation Nos. 731–TA–1092–1093 

(Final)] 

Diamond Sawblades and Parts Thereof 

From China and Korea 

Determination 

On the basis of the record 1 developed 

in the subject investigation, the United 

States International Trade Commission 

(Commission) determines, pursuant to 

section 735(b) of the Tariff Act of 1930 

(19 U.S.C. 1673d(b)) (the Act), that an 

industry in the United States is 

threatened with material injury by 

reason of imports from China and Korea 

of diamond sawblades and parts thereof, 

provided for in subheading 9202.39.00 

of the Harmonized Tariff Schedule of 

the United States,2 that have been found 

by the Department of Commerce 

(Commerce) to be sold in the United 

States at less than fair value (LTFV).3

Background 

On May 3, 2005, the Commission 

instituted these investigations, 

following receipt of a petition filed with 

the Commission and Commerce by the 

Diamond Sawblades Manufacturers 

Coalition (DSMC) and its individual 

members, which included Blackhawk 

Diamond, Inc., Fullerton, CA; 4

Diamond B, Inc., Santa Fe Springs, CA; 

Diamond Products, Elyria, OH; Dixie 

Diamond, Lilburn, GA; Hoffman 

Diamond, Punxsutawney, PA; Hyde 

Manufacturing, Southbridge, MA; 


jlentini on DSKJ8SOYB1PROD with NOTICES