9960 Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices 

assessing the potential vulnerabilities of the 

location of the proposed facility to terrorist 

attack. 

Within ten (10) days after acceptance and 

docketing of an application, the NRC will 

provide the DHS with the application and 

any other information it deems relevant. The 

NRC will communicate promptly any 

schedule delay. 

Within 90 days of receipt of the application 

materials, the DHS will respond to the NRC 

in writing. This response will include any 

and all DHS comments concerning the 

potential vulnerabilities of the location of the 

proposed facility to terrorist attack. If within 

60 days of receipt of the application materials 

the DHS anticipates that it cannot complete 

its review within the 90-day time frame, the 

DHS will contact the NRC to discuss a 

mutually agreeable date by which it will 

respond to the NRC’s request for 

consultation. 

The NRC and the DHS recognize that 

certain portions of the information 

exchanged pursuant to this 

Memorandum of Understanding may be 

Safeguards Information in accordance 

with section 147 of the Atomic Energy 

Act of 1954, as amended; classified 

information; or other sensitive 

information that must be properly 

identified and protected from public 

disclosure in accordance with 

applicable requirements. 

IV. Working Arrangements 

The NRC Point of Contact for this 

agreement is: Team Leader, New Reactor 

Security Team, Reactor Security Branch, 

NSIR. 

The DHS Point of Contact for this 

agreement is: Lead, Nuclear Sector 

Branch, CNPPD. 

V. Funding 

All activities pursuant to this MOU 

are subject to the availability of 

appropriated funds and each agency’s 

budget priorities. 

VI. Memorandum of Understanding 

This MOU shall not be construed to 

provide a private right of action for or 

by any person or entity. 

This MOU is effective upon signature 

by both parties. It will remain in effect 

until terminated by one of the parties 

following 30 days advance written 

notice to the other party. 

Modifications to this MOU may be 

made by written agreement of both 

parties. 

Approved for the U.S. Nuclear Regulatory 

Commission. 

Dated: December 8, 2006. 

Luis A. Reyes, 

Executive Director for Operations. 

Approved for the Department of Homeland 

Security. 

Dated: February 20, 2007. 

Robert B. Stephan, 

Assistant Secretary for Infrastructure 

Protection. 

[FR Doc. 07–1006 Filed 3–5–07; 8:45 am] 

BILLING CODE 7590–01–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5117–N–22] 

Notice of Submission of Proposed 

Information Collection to OMB; 

Allocation of Operating Subsidies 

Under the Operating Fund Formula: 

Data Collection (Subsidy and Grant 

Information System (SAGIS) 

Automated Collections) 

AGENCY: Office of the Chief Information 

Officer, HUD. 

ACTION: Notice. 

SUMMARY: The proposed information 

collection requirement described below 

has been submitted to the Office of 

Management and Budget (OMB) for 

review, as required by the Paperwork 

Reduction Act. The Department is 

soliciting public comments on the 

subject proposal. 

Public Housing Agencies (PHAs) use 

this information in budget submissions 

which are reviewed and approved by 

HUD field offices as the basis for 

obligating operating subsidies. This 

information is necessary to calculate the 

eligibility for operating subsidies under 

the Operating Fund Program regulation, 

as amended. The Operating Fund 

Program is designed to provide the 

amount of operating subsidy that would 

be needed for well-managed PHAs. 

DATES: Comments Due Date: April 5, 

2007. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposal. Comments should refer to 

the proposal by name and/or OMB 

approval Number (2577–0029) and 

should be sent to: HUD Desk Officer, 

Office of Management and Budget, New 

Executive Office Building, Washington, 

DC 20503; fax: 202–395–6974. 

FOR FURTHER INFORMATION CONTACT: 

Lillian Deitzer, Departmental Reports 

Management Officer, QDAM, 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Washington, DC 20410; e-mail 

Lillian_L._Deitzer@HUD.gov or 

telephone (202) 708–2374. This is not a 

toll-free number. Copies of available 

documents submitted to OMB may be 

obtained from Ms. Deitzer or from 

HUD’s Web site at http:// 

www5.hud.gov:63001/po/i/icbts/ 

collectionsearch.cfm. 

SUPPLEMENTARY INFORMATION: This 

notice informs the public that the 

Department of Housing and Urban 

Development has submitted to OMB a 

request for approval of the information 

collection described below. This notice 

is soliciting comments from members of 

the public and affecting agencies 

concerning the proposed collection of 

information to: (1) Evaluate whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of the agency, including 

whether the information will have 

practical utility; (2) Evaluate the 

accuracy of the agency’s estimate of the 

burden of the proposed collection of 

information; (3) Enhance the quality, 

utility, and clarity of the information to 

be collected; and (4) Minimize the 

burden of the collection of information 

on those who are to respond; including 

technology, e.g., permitting electronic 

submission of responses. 

This notice also lists the following 

information: 

Title of Proposal: Allocation of 

Operating Subsidies under the 

Operating Fund Formula: Data 

Collection (Subsidy and Grant 

Information System (SAGIS) automated 

collections). 

OMB Approval Number: 2577–0029. 

Form Numbers: HUD–52722, HUD–

52723 and HUD–53087. 

Description of the Need for the 

Information and Its Proposed Use: 

Public Housing Agencies (PHAs) use 

this information in budget submissions 

which are reviewed and approved by 

HUD field offices as the basis for 

obligating operating subsidies. This 

information is necessary to calculate the 

eligibility for operating subsidies under 

the Operating Fund Program regulation, 

as amended. The Operating Fund 

Program is designed to provide the 

amount of operating subsidy that would 

be needed for well-managed PHAs. 

Frequency of Submission: Annually. 

Number of 

respondents 

Annual 

responses × Hours per response = Burden hours 

Reporting Burden .............................................................................. 3,141 5 0.7 11,723 


cprice-sewell on PROD1PC67 with NOTICES
Federal Register / Vol. 72, No. 43 / Tuesday, March 6, 2007 / Notices 9961 

Total Estimated Burden Hours: 

11,723. 

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: February 28, 2007. 

Lillian L. Deitzer, 

Departmental Paperwork Reduction Act 

Officer, Office of the Chief Information 

Officer. 

[FR Doc. E7–3805 Filed 3–5–07; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–4889–N–09] 

Statutorily Mandated Designation of 

Difficult Development Areas and 

Qualified Census Tracts for Section 42 

of the Internal Revenue Code of 1986: 

Revision of Definition of Effective Date 

AGENCY: Office of the Assistant 

Secretary for Policy Development and 

Research, HUD. 

ACTION: Notice. 

SUMMARY: This notice revises the 

definition of ‘‘effective date’’ in a notice 

published in the Federal Register on 

September 28, 2006, designating 

‘‘Difficult Development Areas’’ (DDAs) 

and ‘‘Qualified Census Tracts’’ (QCTs) 

for purposes of the Low-Income 

Housing Tax Credit (LIHTC) under 

section 42 of the Internal Revenue Code 

of 1986 (the Code) (26 U.S.C. 42). HUD 

is responsible for designating DDAs and 

QCTs annually. The September 28, 

2006, notice provided a definition of 

‘‘effective date’’ that is revised by this 

notice to define ‘‘multiphase’’ LIHTC 

projects and to specify how such 

projects are to be treated when DDA or 

QCT designations change between 

phases. 

FOR FURTHER INFORMATION CONTACT: For 

questions on how areas are designated, 

on geographic definitions, and on the 

new provisions for multiphase projects, 

contact Michael K. Hollar, Economist, 

Economic Development and Public 

Finance Division, Office of Policy 

Development and Research, Department 

of Housing and Urban Development, 

451 Seventh Street, SW., Washington, 

DC 20410–6000, telephone (202) 402–

5878, or send an e-mail to 

Michael_K._Hollar@hud.gov. For 

specific legal questions pertaining to 

Section 42, contact Branch 5, Office of 

the Associate Chief Counsel, 

Passthroughs and Special Industries, 

Internal Revenue Service, 1111 

Constitution Avenue, NW., Washington, 

DC 20224, telephone (202) 622–3040. 

For questions about the ‘‘HUB Zones’’

program, contact Michael P. McHale, 

Assistant Administrator for 

Procurement Policy, Office of 

Government Contracting, Small 

Business Administration, 409 Third 

Street, SW., Suite 8800, Washington, DC 

20416, telephone (202) 205–8885, fax 

(202) 205–7167, or send an e-mail to 

hubzone@sba.gov. A text telephone is 

available for persons with hearing or 

speech impairments at (202) 708–9300. 

(These are not toll-free telephone 

numbers.) Additional copies of this 

notice are available through HUD User 

at (800) 245–2691 for a small fee to 

cover duplication and mailing costs. 

Copies Available Electronically: This 

notice and additional information about 

DDAs and QCTs are available 

electronically on the Internet at http:// 

www.huduser.org/datasets/qct.html. 

SUPPLEMENTARY INFORMATION:

This Document 

This notice revises the definition of 

‘‘effective date’’ in a notice published in 

the Federal Register on September 28, 

2006 (71 FR 57234). That notice 

designated DDAs and QCTs for 

purposes of the LIHTC, as governed by 

section 42 of the Code (Section 42). 

HUD is responsible for designating 

DDAs and QCTs annually, and, at this 

time, is revising the definition of 

‘‘effective date’’ provided in the 

September 28, 2006, notice (see 71 FR 

57238) to define ‘‘multiphase’’ LIHTC 

projects and specify how such projects 

are to be treated when DDA or QCT 

designations change between phases. In 

addition, this notice clarifies what is 

meant by ‘‘certified in writing’’ for 

purposes of demonstrating compliance 

with effective dates for DDA and QCT 

designations. This notice does not 

change the designations of DDAs and 

QCTs in the September 28, 2006, notice. 

Background 

The U.S. Department of the Treasury 

(Treasury) and its Internal Revenue 

Service (IRS) are authorized to interpret 

and enforce the provisions of the 

Internal Revenue Code (the Code), 

including the LIHTC found at Section 

42 of the Code. The requirement for 

HUD to designate DDAs and QCTs is 

found in Section 42(d)(5)(C) of the Code. 

State and local LIHTC-allocating 

agencies are responsible for allocating 

LIHTC to eligible projects according to 

approved Qualified Allocation Plans 

(QAPs). Most LIHTC-allocating agencies 

include in their QAPs a limitation on 

the amount of LIHTC that may be 

awarded to a particular applicant, 

project, and/or location in any year. 

When applicants plan LIHTC-financed 

developments that would require 

amounts of LIHTC in excess of the 

individual allocation limits defined in 

the applicable QAP (or in smaller states, 

that are larger than the annual per 

capital credit allocation authority), they 

are forced to divide their developments, 

and their LIHTC applications, into 

phases over 2 or more years in order to 

obtain all the tax credits needed to 

complete the project. If such 

developments are located in DDAs or 

QCTs, there is a possibility that the 

location of the development may lose its 

DDA/QCT status after the first phase has 

been allocated LIHTC, but before 

subsequent phases have received their 

allocation or applied for LIHTC. As the 

financing for developments in these 

situations is generally predicated on the 

additional LIHTC available because of 

the developments’ location in DDAs/ 

QCTs, the subsequent phases may 

become infeasible. 

HUD’s intent in revising designations 

of DDAs and QCTs is to direct scarce 

public resources, in the form of 

additional LIHTC subsidy, to projects in 

those locations with the greatest need 

for this additional subsidy as defined by 

statute. However, HUD does not intend 

for these changes in designations to 

ultimately prevent the development of 

affordable housing, particularly in cases 

where developments have been required 

to be done in phases by LIHTCallocating agency limits on annual 

allocation amounts to individual 

applicants. 

HUD, therefore, is establishing in this 

notice a definition of ‘‘multiphase 

projects’’ and specifying how effective 

dates in its notices designating DDAs 

and QCTs are to be applied to such 

projects. In addition, HUD is clarifying 

what is meant by ‘‘certified in writing’’

for purposes of demonstrating 

compliance with effective dates for DDA 

and QCT designations. 

Definition of ‘‘Multiphase Projects’’ and 

Applicability of Effective Date 

For purposes of this notice, a 

‘‘multiphase project’’ is defined as a set 

of buildings to be constructed or 

rehabilitated under the rules of the 

LIHTC and meeting the following 

criteria as certified in writing by the 

applicable LIHTC-allocating agency: 

(1) In the first application for tax 

credit, the applicant must include an 

indication of the multiphase nature of 

the project (i.e., the applicant’s intent to 

make future applications for LIHTC 

because of QAP limitations, or agency 

allocation authority ceilings, for 

buildings located on a site, as defined 


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