35490 Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Notices 

The estimated burden for this 

information collection has changed 

since the previous OMB approval. The 

current burden is based on the number 

of actual new notifications received 

including notifications that were 

counted previously under the OMB 

approval for the interim final rule 

entitled ‘‘Permanent Discontinuance or 

Interruption in Manufacturing of Certain 

Drug or Biological Products’’ (80 FR 

38915, July 8, 2015) (OMB control 

number 0910–0699). 

Dated: July 16, 2018. 

Leslie Kux, 

Associate Commissioner for Policy. 

[FR Doc. 2018–15948 Filed 7–25–18; 8:45 am] 

BILLING CODE 4164–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Charter Renewal for the Advisory 

Commission on Childhood Vaccines 

AGENCY: Health Resources and Services 

Administration (HRSA), Department of 

Health and Human Services (HHS). 

ACTION: Notice of charter renewal. 

SUMMARY: HHS is hereby giving notice 

that the Advisory Commission on 

Childhood Vaccines (ACCV) has been 

rechartered. The effective date of the 

renewed charter is July 20, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Narayan Nair, MD, MPH, Executive 

Secretary, Advisory Commission on 

Childhood Vaccines, Health Resources 

and Services Administration, 

Department of Health and Human 

Services, Room 08N146B, 5600 Fishers 

Lane, Rockville, MD 20857; phone: 

(301) 443–6593; fax: (301) 443–8196; 

email: nnair@hrsa.gov. 

SUPPLEMENTARY INFORMATION: The ACCV 

was established by section 2119 of the 

Public Health Service Act (the Act) (42 

U.S.C. 300aa–19), as enacted by Public 

Law (Pub. L.) 99–660, and as 

subsequently amended, and advises the 

Secretary of Health and Human Services 

(the Secretary) on issues related to 

implementation of the National Vaccine 

Injury Compensation Program (VICP). 

Other activities of the ACCV include: 

Recommending changes in the Vaccine 

Injury Table at its own initiative or as 

the result of the filing of a petition; 

advising the Secretary in implementing 

section 2127 of the Act regarding the 

need for childhood vaccination 

products that result in fewer or no 

significant adverse reactions; surveying 

federal, state, and local programs and 

activities related to gathering 

information on injuries associated with 

the administration of childhood 

vaccines, including the adverse reaction 

reporting requirements of section 

2125(b) of the Act; advising the 

Secretary on the methods of obtaining, 

compiling, publishing, and using 

credible data related to the frequency 

and severity of adverse reactions 

associated with childhood vaccines; 

consulting on the development or 

revision of Vaccine Information 

Statements; and recommending to the 

Director of the National Vaccine 

Program research related to vaccine 

injuries which should be conducted to 

carry out the VICP. 

The charter renewal for ACCV was 

approved on July 20, 2018, which will 

also stand as the filing date. Renewal of 

the ACCV charter gives authorization for 

the Commission to operate until July 20, 

2020. 

A copy of the ACCV charter is 

available on the VICP website at: 

https://www.hrsa.gov/advisorycommittees/vaccines/index.html. A 

copy of the charter also can be obtained 

by accessing the FACA database that is 

maintained by the Committee 

Management Secretariat under the 

General Services Administration. The 

website address for the FACA database 

is http://www.facadatabase.gov/. 

Amy P. McNulty, 

Acting Director, Division of the Executive 

Secretariat. 

[FR Doc. 2018–15994 Filed 7–25–18; 8:45 am] 

BILLING CODE 4165–15–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

National Institutes of Health 

National Institute of Allergy and 

Infectious Diseases; Notice of Closed 

Meetings 

Pursuant to section 10(d) of the 

Federal Advisory Committee Act, as 

amended, notice is hereby given of the 

following meetings. 

The meetings will be closed to the 

public in accordance with the 

provisions set forth in sections 

552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 

as amended. The grant applications and 

the discussions could disclose 

confidential trade secrets or commercial 

property such as patentable material, 

and personal information concerning 

individuals associated with the grant 

applications, the disclosure of which 

would constitute a clearly unwarranted 

invasion of personal privacy. 

Name of Committee: National Institute of 

Allergy and Infectious Diseases Special 

Emphasis Panel; NIAID Resource-Related 

Research Projects (R24). 

Date: August 23, 2018. 

Time: 2:00 p.m. to 3:00 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: National Institutes of Health, 5601 

Fishers Lane, Rockville, MD 20892 

(Telephone Conference Call). 

Contact Person: Dharmendar Rathore, 

Ph.D., Senior Scientific Review Officer, 

Scientific Review Program, Division of 

Extramural Activities, Room 3G30, National 

Institutes of Health/NIAID, 5601 Fishers 

Lane, MSC 9823, Bethesda, MD 20892–9823, 

240–669–5058, rathored@mail.nih.gov. 

Name of Committee: National Institute of 

Allergy and Infectious Diseases Special 

Emphasis Panel; NIAID Clinical Trial 

Implementation Cooperative Agreement 

(U01). 

Date: August 24, 2018. 

Time: 11:00 a.m. to 1:00 p.m. 

Agenda: To review and evaluate grant 

applications. 

Place: National Institutes of Health, 5601 

Fishers Lane, Rockville, MD 20892 

(Telephone Conference Call). 

Contact Person: Chelsea D. Boyd, Ph.D., 

Scientific Review Officer, Scientific Review 

Program, DEA/NIAID/NIH/DHHS, 5601 

Fishers Lane, MSC 9823, Rockville, MD 

20852–9834, 240–669–2081, chelsea.boyd@

nih.gov. 

(Catalogue of Federal Domestic Assistance 

Program Nos. 93.855, Allergy, Immunology, 

and Transplantation Research; 93.856, 

Microbiology and Infectious Diseases 

Research, National Institutes of Health, HHS) 

Dated: July 20, 2018. 

Natasha M. Copeland, 

Program Analyst, Office of Federal Advisory 

Committee Policy. 

[FR Doc. 2018–15953 Filed 7–25–18; 8:45 am] 

BILLING CODE 4140–01–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5976–N–07] 

Housing Opportunity Through 

Modernization Act of 2016: Final 

Implementation of Public Housing 

Income Limit 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Notice. 

SUMMARY: The Housing Opportunity 

Through Modernization Act of 2016 

(HOTMA) was signed into law on July 

29, 2016. One of the statutory 

amendments made by HOTMA adds an 

income limit to the Public Housing 

program. This notice informs the public 

of how HUD is setting that income limit 

and makes the income limit effective, 

while providing information to public 


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Federal Register / Vol. 83, No. 144 / Thursday, July 26, 2018 / Notices 35491 

housing agencies on how to start the 

process for tracking over-income 

families. 

DATES: Applicable Date: September 24, 

2018. 

FOR FURTHER INFORMATION CONTACT: If 

you have any questions, please contact 

Todd Thomas, Program Analyst, Office 

of Public Housing Programs, at 202– 

402–4542, or send an email to 

HOTMAquestions@hud.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

HOTMA was signed into law on July 

29, 2016 (Pub. L. 114–201, 130 Stat. 

782). Section 103 of HOTMA amends 

section 16(a) of the United States 

Housing Act of 1937 (42 U.S.C. 

1437n(a)) (1937 Act) to place an income 

limitation on a public housing tenancy 

for families. The law requires that after 

a family’s income has exceeded 120 

percent of the area median income 

(AMI) (or a different limitation 

established by the Secretary) for two 

consecutive years, a public housing 

agency (PHA) must terminate the 

family’s tenancy within 6 months of the 

second income determination or charge 

the family a monthly rent equal to the 

greater of (1) the applicable Fair Market 

Rent (FMR); or (2) the amount of 

monthly subsidy for the unit including 

amounts from the operating and capital 

fund, as determined by regulations. For 

purposes of this notice, the income limit 

established by HOTMA will be referred 

to as the ‘‘over-income limit’’. A PHA 

must notify a family of the potential 

changes to monthly rent after one year 

of the family’s income exceeding the 

over-income limit. Pursuant to section 

3(a)(5) of the 1937 Act, the over-income 

limit does not apply to PHAs operating 

fewer than 250 public housing units that 

are renting to families with income 

exceeding the over-income limit, if the 

PHAs are renting to those families 

because there are no income-eligible 

families on the PHA’s waiting list. Each 

PHA must submit a report annually to 

HUD about the number of families 

residing in public housing with incomes 

exceeding the over-income limit and the 

number of families on the waiting lists 

for admission to public housing 

projects. Such reports must be publicly 

available. 

The new language in section 16(a)(5) 

of the 1937 Act sets the over-income 

limit at 120 percent of the AMI. 

However, HUD has the ability to adjust 

the over-income limit if the Secretary 

determines that it is necessary due to 

prevailing levels of construction costs or 

unusually high or low family incomes, 

vacancy rates, or rental costs. 

On November 29, 2016, at 81 FR 

85996, HUD published a notice 

soliciting public input on a proposal to 

determine the over-income limit by 

using the very low-income (VLI) level 

for the applicable area as the baseline 

and multiplying it by 2.4. Because VLI 

is preliminarily calculated as 50 percent 

of the estimated AMI for the family, in 

most cases this would result in a figure 

matching 120 percent AMI. However, in 

areas where the VLI has been adjusted 

to account for high or low housing costs 

or to prevent it from being lower than 

50 percent of the State non-metro 

median family income, the final amount 

would result in an adjusted eligibility 

income limit, as well. 

HUD’s income limits were developed 

by HUD’s Office of Policy Development 

and Research and are updated annually. 

Information about HUD’s income limits 

and HUD’s methodology for adjusting 

income limits as part of the income 

limit calculation can be found at https:// 

www.huduser.gov/portal/datasets/il/ 

il16/index_il2016.html. 

This notice finalizes how the overincome limit is determined and informs 

PHAs how to begin implementing the 

statutory income limit for public 

housing. However, this notice does not 

address how a PHA is to determine the 

monthly subsidy to use in setting rents 

for over-income families that the PHA 

has allowed to remain in public 

housing. Section 103 of HOTMA 

requires HUD to issue a regulation on 

that determination, and HUD will 

follow this notice with a proposed rule, 

which will also include guidelines for 

how PHAs are to set their policies for 

addressing over-income families after 

the 2-year grace period has ended. 

Additionally, this notice does not make 

effective the requirement to submit the 

annual report on the number of overincome families and the number of 

families on the public housing waiting 

lists. HUD intends to make this 

reporting requirement effective through 

a forthcoming notice. 

The regulations at 24 CFR 960.261 

provide discretion to PHAs to evict or 

terminate assistance to families whose 

income exceeds the local low-income 

limit, except for families with a valid 

Family Self-Sufficiency (FSS) contract, 

or families where at least one family 

member is receiving the Earned Income 

Disregard benefit. The statutory changes 

in section 103 of HOTMA do not 

address the treatment of families whose 

income exceeds the local low-income 

limit but is below the applicable overincome limit established in HOTMA. As 

such, the requirements and flexibilities 

provided through the regulations at 24 

CFR 960.216 continue to apply for 

families with incomes above the local 

low-income limit but below the overincome limit established in this notice. 

II. Summary of Comments 

In response to the November 29, 2017, 

notice, HUD received 11 comments. 

Adjustments 

1. Commenters stated that HUD 

should never adjust the over-income 

limit downward (below 120 percent 

AMI), but rather use it as a floor for all 

areas and only adjust upward for highcost areas. Others stated that it is 

necessary to keep as many higherincome families in public housing as 

possible to subsidize the lower-income 

families, particularly in light of reduced 

public housing funding. 

HUD Response: HUD disagrees with 

the suggestion that 120 percent of AMI 

should be a floor for over-income 

families. Section 16(a)(5) of the 1937 

Act provides discretion to HUD to 

establish income limits higher or lower 

than 120 percent of AMI to account for 

several factors including construction 

costs, family incomes, vacancy rates, or 

rental costs. HUD’s methodology 

considers several of these factors and 

makes proportional adjustments. Were 

HUD to establish a floor of 120 percent, 

residents in localities with higher 

housing costs would receive 

disproportionate treatment than those in 

lower housing cost areas. HUD believes 

its methodology adequately makes 

proportional adjustments—both upward 

and downward—to reflect the factors 

required by the statute. 

HUD also recognizes the concern that 

higher-income families allow PHAs to 

more deeply subsidize lower-income 

families. The statute allows PHAs to 

continue to house over-income families 

without providing them subsidy, if the 

PHA opts to do so. HUD will issue 

further guidance to PHAs on how to set 

their over-income policies. 

2. Commenters asked that HUD 

include adjustments based on 

construction costs and vacancy rates, as 

those are two cost categories included in 

the statute but not contemplated in 

HUD’s proposal. Some stated that HUD 

should include local vacancy rates in 

adjusting the income limit. Others also 

asked that HUD should include factors 

for increasing the limit for larger 

families and should consider family 

composition so as not to penalize 

families with an adult child beginning 

to work who will soon leave the 

household. 

HUD Response: HUD’s methodology 

takes into account local housing market 

factors such as construction costs and 

vacancy rates by using the metropolitanVerDate Sep<11>2014 17:25 Jul 25, 2018 Jkt 244001 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\26JYN1.SGM 26JYN1

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wide FMR to make adjustments for high 

and low housing costs. Specifically, 

HUD develops its FMRs annually using 

survey data of local gross rents paid, 

which are based on local housing 

market factors, including vacancy rates. 

Therefore, HUD will not make separate 

adjustments to the over-income limit 

because the FMR used to adjust income 

limits where necessary has already 

factored in such costs in its current 

methodology. 

HUD’s program income limits are also 

adjusted by household size such that a 

1-person family has a different income 

limit value than the value for a 4-person 

or 8-person family. HUD will annually 

publish the over-income limits for each 

locality, specifying over-income limits 

for each family size. However, HUD has 

no discretion to consider family 

composition related to the over-income 

limit. 

3. Commenters stated that using 

income definitions used for admissions 

limits may be inappropriate for 

determining the over-income limit, as 

factors that are important at very lowincome levels may not be important at 

120 percent AMI, and vice versa. 

HUD Response: HUD disagrees that 

the factors used to make adjustments to 

very low-income limits are 

inappropriate for determining an overincome limit. The factors HUD uses for 

the very low-income limits consider 

local family incomes and local housing 

costs. HUD adjusts the very low-income 

limits upward and downward based on 

changes to family incomes, changes in 

housing costs, and to account for large 

spikes in changes to family incomes at 

the local level. HUD believes that these 

adjustments are precisely the types of 

adjustments included in section 16(a)(5) 

of the 1937 Act and therefore 

respectfully declines to amend its 

methodology. 

Annual Reviews 

Commenters stated that some PHAs 

use forms for annual reexaminations 

instead of forms for a unit change when 

program participants move units. The 

commenters asked if whether the two 

consecutive income reviews specified 

by HOTMA to judge whether a family 

has been over the income limit means 

two subsequent Annual 50058s or 24 

months of 50058s reporting that the 

family is over the income threshold. 

HUD Response: HUD intends to 

provide guidance on how to notify 

families, track over-income families, 

and report into HUD systems. However, 

to this specific question, the statute 

requires that a household must have 

maintained an income above the limit 

for two consecutive years before a PHA 

may terminate or raise rents on that 

household. If a PHA becomes aware, 

through an annual reexamination or an 

interim reexamination for an increase in 

income, that a family has reached the 

over-income limit, that will be the point 

in time for which the two-year clock 

will start. 

Caps on Changes 

Commenters asked if HUD was going 

to impose a 5 percent cap on changes to 

the over-income limit that would be on 

top of caps on changes already in place 

related to program income limits and, if 

so, asked HUD to provide additional 

justification for and examples of this 

policy. Others stated that HUD should 

eliminate the 5 percent ceiling for 

increase in the very low-income limit to 

account for expensive rental markets, 

but only for the purpose of determining 

the over-income limits. 

HUD Response: HUD does not intend 

to impose additional adjustments 

beyond those adjustments made by HUD 

to the very low-income limits, which 

includes a 5 percent cap on annual 

changes to such income limits. 

Specifically, HUD’s current cap on 

income limit increases is the greater of 

5 percent or twice the increase in 

national median income growth. 

Because there is a two-year process to 

declare a family ineligible for public 

housing subsidy under section 16(a)(5) 

of the 1937 Act, large increases to the 

over-income limit for higher rental 

markets may result in families who are 

over-income in one year not being 

considered over-income in the second 

year as the over-income limit is adjusted 

upward in subsequent years. 

Exemptions 

1. Commenters pointed out that the 

notice states that PHAs housing families 

with incomes over 120 percent AMI 

under section 3(a)(5) of the 1937 Act are 

exempt from the income limit in 

HOTMA, but that the statutory 

provision was directed at individual 

families and did not seem to encompass 

the entire PHA. 

HUD Response: Section 3(a)(5) of the 

1937 Act permits PHAs operating fewer 

than 250 units to admit families that are 

not low-income at the time of admission 

into the program under certain 

circumstances as included in 24 CFR 

960.503. HOTMA reiterates that families 

admitted by such PHAs under the 

circumstances included in section 

3(a)(5) are not subject to the overincome limit. The requirements, 

including those governing rental 

payments for such families, will 

continue as established in 24 CFR 

960.503. However, families served by 

PHAs operating fewer than 250 units 

that were not admitted under the 

circumstances included in section 

3(a)(5) will be subject to the overincome limit established in HOTMA 

and made effective by this notice. 

2. Commenters recommended that 

HUD include exemptions from the overincome limit for vulnerable populations, 

including seniors and disabled 

individuals and those that face specific 

financial constraints (e.g., large 

families). Some stated that HUD should 

provide an explicit exemption to overincome limits for families participating 

in self-sufficiency programs. 

Commenters also stated that PHAs 

should be required to consider whether 

evicting a family for having an income 

that exceeds the over-income limit 

would create a hardship (such as for a 

household member caring for a relative 

close to the home or if a household 

member is ill). Others asked that HUD 

allow PHAs the ability to apply for an 

exception to the over-income limit 

entirely, based on the local market and 

conditions. 

HUD Response: HUD does not have 

the authority under HOTMA to permit 

PHAs to exempt any public housing 

family from the over-income limitation 

established by HOTMA. However, PHAs 

are required to establish policies for 

continued occupancy in public housing. 

Through the development of those 

policies, a PHA is able to consider 

specific circumstances in which they 

would provide for flexibility in the 

administration of over-income 

requirements, provided such policies 

are in compliance with the 1937 Act 

and all applicable fair housing 

requirements. PHAs are subject to, 

among other fair housing and civil 

rights authorities, Section 504 of the 

Rehabilitation Act (Section 504), the 

Fair Housing Act, and Title II of the 

Americans with Disabilities Act (ADA), 

which include, among other 

requirements, the obligation to grant 

reasonable accommodations that may be 

necessary for persons with disabilities. 

Fair Market Rents (FMRs) 

1. Commenters stated that new 

guidance on small area fair market rents 

(SAFMRs) might make calculation of 

income thresholds administratively 

cumbersome for PHAs. 

HUD Response: For each locality, 

HUD will publish over-income limits 

annually. Therefore, there is no 

associated burden on PHAs to calculate 

the over-income limits. 

2. Commenters stated that FMRs do 

not accurately reflect rental market 

prices and that they are too volatile 

year-to-year, and are therefore 


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inappropriate to use when determining 

very low-incomes. 

HUD Response: FMRs are HUD’s best 

estimates of gross rents paid in each 

locality for which FMRs are published. 

Therefore, FMRs represent the best 

known, consistently calculated 

measurement of housing costs across the 

country. Furthermore, as required by 

section 107 of HOTMA, HUD will 

publish annual notices of proposed 

material changes in the methodology for 

estimating FMRs for public comment. 

The Federal Register notice announcing 

proposed material changes in the 

methodology for estimating FY 2018 

FMRs, published June 26, 2017, at 82 FR 

24377, contains specific proposals to 

limit the year-to-year volatility in FMR 

estimates that are concerning to the 

commenters. 

3. Commenters stated that HUD 

should consider additional changes to 

the VLI FMR determination only for the 

purpose of determining the income 

limit. The commenters asked that HUD 

increase the annualized two-bedroom 

FMR from 85 percent to 100 percent to 

follow the expectation that FMRs allow 

access to 40–50 percent of the rental 

market in any given area. The 

commenters also suggested that HUD 

change the VLI limit from 35 percent to 

30 percent. 

HUD Response: The current high 

housing cost adjustment is that the 4- 

person very low-income limit is 

increased if the limit would otherwise 

be less than the amount at which 35 

percent of it equals 85 percent of the 

annualized two-bedroom 40th 

percentile rent in the area. This adjusts 

income limits upward for areas where 

rental housing costs are unusually high 

in relation to the median income. The 

high housing cost adjustment is not 

meant to mimic programmatic 

requirements but to increase income 

limits in areas where the housing cost 

relative to incomes are extreme high. 

Mixed Income Developments 

1. Commenters stated that a barrier to 

implementing the income limit is that 

many public housing developments use 

Low-Income Housing Tax Credits, and 

the tax credit program does not allow 

PHAs to terminate households from 

affordable housing programs when 

household income increases over time. 

They asked that HUD and the 

Department of Treasury more closely 

align their policies. 

HUD Response: HUD’s and Treasury’s 

policies are aligned when it comes to 

the treatment of over-income families. 

HUD regulations protect initially 

qualifying households from being 

displaced as their income rises, 

provided that their income remains 

below 80 percent AMI, which is a 

statutorily mandated public housing 

income limit. Similarly, under 

Treasury’s regulations, the fact that a 

family is over-income under the Tax 

Credit program (which generally has a 

lower income limit than the public 

housing program) does not by itself 

amount to good cause for lease 

termination, although the over-income 

designation may affect the tax credits. 

2. Commenters urged HUD to 

consider implementing a mechanism 

where public housing tenants in a 

mixed-finance building can switch to a 

market unit if the family’s income 

exceeds the applicable over-income 

limit (freeing up an ACC unit), but 

allowing them to easily access a 

subsidized unit again should the 

family’s income drop again. 

HUD Response: HUD appreciates the 

comment and will take it in 

consideration during the rulemaking 

stage, which will address how a PHA 

determines its policies on dealing with 

over-income families after the 2-year 

grace period. 

Over-Income Tenants 

1. Commenters asked whether the 

decision to require an over-income 

family to vacate the unit or charge them 

the greater of FMR or the subsidy 

amount is a decision that a PHA can 

make on a unit-by-unit basis or whether 

it must be an agency-wide policy 

decision. 

HUD Response: As with any other 

discretion provided to PHAs, PHAs are 

required to develop policies in their 

Admissions and Continued Occupancy 

Policies (ACOP) regarding when 

families will be permitted to remain in 

the unit and pay an alternative rent or 

be terminated. All such decisions must 

be consistent with applicable nondiscrimination and other fair housing 

requirements. HUD will further address 

this issue in the rulemaking stage. 

2. Commenters stated that the 

assumption in HOTMA that families 

with incomes exceeding the applicable 

over-income limit will be able to find 

housing in the private market is 

unrealistic in cities with very expensive 

housing markets. 

HUD Response: HUD recognizes the 

concern expressed by this commenter, 

which is the reason that HUD chose to 

exercise its authority to establish higher 

over-income limits for such cities. 

Utility Allowance 

Commenters asked whether, when 

charging over-income families FMR, the 

PHA would be allowed to reduce the 

FMR rent for the utility allowance. 

HUD Response: This question is 

outside of the scope of this notice. In a 

forthcoming rulemaking, HUD will 

address the alternative rent options. 

HUD will specifically address the 

implications of utility allowances in 

that rulemaking. 

Reports to HUD 

Commenters asked for additional 

guidance on what the report on overincome families (required by HOTMA) 

would look like. 

HUD Response: Under the new 

requirements in the 1937 Act, PHAs will 

need to report annually on the number 

of over-income families residing in 

public housing and the number of 

families on the admissions waiting lists 

for public housing at the end of that 

year. The report will be in a format 

specified by HUD in the future. 

Temporary Income Decreases 

Commenters asked if the two-year 

over-income clock is restarted if a 

family has a temporary decrease in 

income. 

HUD Response: If a family requests an 

interim reexamination, which then 

demonstrates that a family’s income has 

dropped below the over-income limit, 

the family is no longer considered overincome. If a PHA becomes aware, 

through a subsequent annual 

reexamination or an interim 

reexamination that the family’s income 

has increased to an amount that exceeds 

the over-income limit, the family would 

begin a new two-year clock. 

Other Questions 

1. Commenters asked for additional 

clarity on how HUD will determine rent 

structures for over-income families that 

the PHA allows to stay in their unit. 

HUD Response: This question is 

outside of the scope of this notice. In a 

forthcoming rulemaking, HUD will 

address the alternative rent options. 

2. Commenters stated that HUD 

should explicitly require compliance 

with fair housing and civil rights laws 

in its implementing regulations. 

HUD Response: HUD appreciates the 

concerns regarding fair housing and 

civil rights laws. PHAs, in the 

administration of their public housing 

program, are always required to comply 

with fair housing and civil rights laws 

and their implementing regulations. 

HUD will consider whether any 

reference to fair housing and civil rights 

laws and regulations in forthcoming 

program regulations would be 

particularly helpful during the 

rulemaking stage. 


sradovich on DSK3GMQ082PROD with NOTICES
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3. Commenters stated that HUD 

should try to streamline its over-income 

policies across multiple HUD programs. 

HUD Response: HUD appreciates the 

suggestion. However, this comment is 

outside of the scope of this notice. In 

many cases, over-income policies vary 

by program due to program design and 

funding structures, so HUD is limited in 

its ability to align such requirements. 

III. Implementation 

Through this notice, HUD is 

announcing that as of the date this 

notice is effective, HUD will be 

following the provisions of section 

16(a)(5) of the 1937 Act, as added by 

section 103 of HOTMA, using the 

method of determining the over-income 

limit as described in the November 29, 

2016, notice. PHAs must update their 

Admissions and Continued Occupancy 

Policies (ACOP) to implement these 

changes. Such policies must include the 

imposition of an over-income limit in 

the program, all instances of when the 

two-year timeframe begins, and 

notification requirements. If the 

implementation of this provision 

requires a significant amendment to a 

PHA’s annual plan, a PHA should 

immediately take steps to complete the 

significant amendment process in order 

to effectuate the policy change. PHAs 

must complete all relevant policy and 

PHA plan changes no later than 6 

months after the effective date of this 

notice. 

Once a PHA has completed updates to 

its ACOP and, if necessary, its PHA 

plan, when the PHA becomes aware, 

through an annual reexamination or an 

interim reexamination for an increase in 

income, that a family’s income exceeds 

the applicable income limit, the PHA 

must, per section 16(a)(5) of the 1937 

Act, document that the family exceeds 

the threshold to compare with the 

family’s income a year later. 

If, one year after the initial 

determination by the PHA that a 

family’s income exceeds the overincome limit, the family’s income 

continues to exceed the over-income 

limit, the PHA must, as required by 

section 16(a)(5) of the 1937 Act, provide 

written notification to the family that 

their income has exceeded the overincome limit for one year, and that if the 

family’s income continues to exceed the 

over-income limit for the next 12 

consecutive months, the family will be 

subject to either a higher rent or 

termination based on the PHA’s 

policies. If, however, a PHA discovers 

through an annual or interim 

reexamination that a previously overincome family has income that is now 

below the over-income limit, the family 

is no longer subject to these provisions. 

The family is entitled to a new 2-year 

grace period if the family’s income once 

again exceeds the over-income limit. 

HUD will provide additional 

information on where to locate 

applicable income limits, guidelines for 

PHAs to set alternative rents for overincome families, and any other guidance 

regarding this provision in a 

forthcoming notice. 

IV. Environmental Impact Certification 

This notice involves statutorily 

required income limits and exclusions 

with regard to eligibility for or 

calculation of HUD housing assistance 

or rental assistance which does 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). 

Dated: July 9, 2018. 

Danielle Bastarache, 

Deputy Assistant Secretary for Public and 

Indian Housing. 

[FR Doc. 2018–15941 Filed 7–25–18; 8:45 am] 

BILLING CODE 4210–67–P 

INTERNATIONAL TRADE 

COMMISSION 

Notice of Receipt of Complaint; 

Solicitation of Comments Relating to 

the Public Interest 

AGENCY: U.S. International Trade 

Commission. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the U.S. International Trade 

Commission has received a complaint 

entitled Certain Lithography Machines 

and Systems and Components Thereof 

(II), DN 3329; the Commission is 

soliciting comments on any public 

interest issues raised by the complaint 

or complainant’s filing pursuant to the 

Commission’s Rules of Practice and 

Procedure. 

FOR FURTHER INFORMATION CONTACT: Lisa 

R. Barton, Secretary to the Commission, 

U.S. International Trade Commission, 

500 E Street SW, Washington, DC 

20436, telephone (202) 205–2000. The 

public version of the complaint can be 

accessed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.usitc.gov, 

and will be available for inspection 

during official business hours (8:45 a.m. 

to 5:15 p.m.) in the Office of the 

Secretary, U.S. International Trade 

Commission, 500 E Street SW, 

Washington, DC 20436, telephone (202) 

205–2000. 

General information concerning the 

Commission may also be obtained by 

accessing its internet server at United 

States International Trade Commission 

(USITC) at https://www.usitc.gov . The 

public record for this investigation may 

be viewed on the Commission’s 

Electronic Document Information 

System (EDIS) at https://edis.usitc.gov. 

Hearing-impaired persons are advised 

that information on this matter can be 

obtained by contacting the 

Commission’s TDD terminal on (202) 

205–1810. 

SUPPLEMENTARY INFORMATION: The 

Commission has received a complaint 

and a submission pursuant to § 210.8(b) 

of the Commission’s Rules of Practice 

and Procedure filed on behalf of Carl 

Ziess SMT GmBH on July 20, 2018. The 

complaint alleges violations of section 

337 of the Tariff Act of 1930 (19 U.S.C. 

1337) in the importation into the United 

States, the sale for importation, and the 

sale within the United States after 

importation of certain lithography 

machines and systems and components 

thereof (II). The complaint names as 

respondents: Nikon Corporation of 

Japan; Nikon Research Corporation of 

America of Belmont, CA; and Nikon 

Precision Inc. of Belmont, CA. The 

complainant requests that the 

Commission issue a limited exclusion 

order, cease and desist orders and 

impose a bond upon respondents’ 

alleged infringing articles during the 60- 

day Presidential review period pursuant 

to 19 U.S.C. 1337(j). 

Proposed respondents, other 

interested parties, and members of the 

public are invited to file comments, not 

to exceed five (5) pages in length, 

inclusive of attachments, on any public 

interest issues raised by the complaint 

or § 210.8(b) filing. Comments should 

address whether issuance of the relief 

specifically requested by the 

complainant in this investigation would 

affect the public health and welfare in 

the United States, competitive 

conditions in the United States 

economy, the production of like or 

directly competitive articles in the 

United States, or United States 

consumers. 

In particular, the Commission is 

interested in comments that: 

(i) Explain how the articles 

potentially subject to the requested 

remedial orders are used in the United 

States; 

(ii) identify any public health, safety, 

or welfare concerns in the United States 


sradovich on DSK3GMQ082PROD with NOTICES