7612 Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Rules and Regulations 

exempt $150 million acquisition; thus, 

the aggregate amount held as a result of 

the $500 million acquisition is $650 

million. Accordingly, ‘‘A’’ must file 

notification to acquire the coal reserves 

valued in excess of $500 million (as 

adjusted) but less than $1 billion (as 

adjusted) and pay a filing fee of 

$250,000 (as adjusted). 

(7) In April 2024, ‘‘A’’ intends to 

acquire 20 percent of the voting 

securities of B, a non-publicly traded 

issuer. The agreed upon acquisition 

price is $172.3 million subject to postclosing adjustments of up to plus or 

minus $2 million. ‘‘A’’ estimates that 

the adjustments will be minus $1 

million. In this example, since ‘‘A’’ is 

able in good faith to reasonably estimate 

the adjustments to the agreed-on price, 

the acquisition price is deemed to be 

determined and the appropriate filing 

fee threshold is $50 million (as 

adjusted). Even if the post-closing 

adjustments cause the final price 

actually paid to exceed $172.3 million, 

‘‘A’’ would be deemed to hold $171.3 

million in B voting securities as a result 

of this acquisition. Note, that any 

additional acquisition by ‘‘A’’ of B 

voting may trigger another filing and 

require the appropriate fee. 

(8) In April 2024, ‘‘A’’ intends to 

make a cash tender offer for a minimum 

of 50 percent plus one share of the 

voting securities of B, a non-publicly 

traded issuer, but will accept up to 100 

percent of the shares if they are 

tendered. There are 12 million shares of 

B voting stock outstanding and the 

tender offer price is $100 per share. In 

this instance, since there is no cap on 

the number of shares that can be 

tendered, the value of the transaction 

will be the value of 100 percent of B’s 

voting securities, and ‘‘A’’ must pay the 

$400,000 (as adjusted) fee for the $1 

billion (as adjusted) filing fee threshold. 

Note that if the tender offer had been for 

a maximum of 50 percent plus one share 

the value of the transaction would be 

$600 million, and the appropriate fee 

would be $250,000 (as adjusted), based 

on the $500 million (as adjusted) filing 

fee threshold. This would be true even 

if the tender offer were to be followed 

by a merger which would be exempt 

under section 7A(c)(3) of the act. 

* * * * * 

By direction of the Commission. 

Joel Christie, 

Acting Secretary. 

[FR Doc. 2024–02228 Filed 2–2–24; 8:45 am] 

BILLING CODE 6750–01–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 5 and Chapter IX 

[Docket No. FR–6438–N–01] 

Regulatory Waivers and Administrative 

Flexibilities During a Presidentially 

Declared Disaster, for Public Housing 

Agencies During CY 2024 and CY 2025 

AGENCY: Office of Assistant Secretary for 

Public and Indian Housing, U.S. 

Department of Housing and Urban 

Development (HUD). 

ACTION: Notification of waivers. 

SUMMARY: This document advises Public 

Housing Agencies (PHAs) and the 

public that HUD is establishing an 

expedited waiver process for requests to 

waive HUD regulatory and/or 

administrative requirements (‘‘HUD 

requirements’’) for PHAs during 

Presidentially Declared Disasters 

(PDDs). PHAs located in areas that are 

included in PDD areas (PDD PHAs) may 

request waivers of certain HUD Public 

Housing and section 8 requirements and 

receive expedited review of such 

requests to utilize the administrative 

flexibilities and expedited waiver 

process set forth in this document. 

DATES: Waivers and administrative 

flexibilities set forth in this document 

are effective from January 1, 2024, until 

December 31, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Tesia Anyanaso, Office of Field 

Operations, Office of Public and Indian 

Housing, Department of Housing and 

Urban Development, 451 7th Street SW, 

Room 3180, Washington, DC 20410– 

5000, or email PIH_Disaster_Relief@

hud.gov or call (202) 402–7026 during 

business hours. HUD welcomes and is 

prepared to receive calls from 

individuals who are deaf or hard of 

hearing, as well as individuals with 

speech and communication disabilities. 

To learn more about how to make an 

accessible telephone call, please visit 

https://www.fcc.gov/consumers/guides/ 

telecommunications-relay-service-trs. 

SUPPLEMENTARY INFORMATION: HUD is 

exercising its discretionary authority 

from 24 CFR 5.110 (Waivers) and is 

providing regulatory flexibility to PDD 

PHAs described in this document. Upon 

receipt of a PDD PHA waiver or 

flexibility request, HUD will review and 

may approve the submission. The 

request must include documentation of 

good cause for each waiver or flexibility 

request. HUD may consider extensions 

subject to statutory limitations and 

pursuant to 24 CFR 5.110, to facilitate 

a PDD PHA’s ability to participate in 

disaster relief and recovery efforts. 

Waivers of essential program 

requirements, such as property 

inspection or income verification, will 

not be granted in their entirety, although 

modifications may be considered. 

HUD’s ability to grant waivers or 

approve alternative requirements is 

limited, as HUD does not have the 

authority to waive statutory 

requirements. 

I. Instructions for PDD PHAs—How To 

Request an Expedited Waiver or 

Administrative Flexibility 

A PDD PHA seeking a waiver or 

flexibility of a HUD requirement listed 

within this document, or any other HUD 

requirement needed to assist in disaster 

relief and recovery efforts, must submit 

a written request. HUD will not approve 

a PDD PHA’s request to waive or be 

granted a flexibility for fair housing, 

civil rights, labor standards, or HUD’s 

environmental review requirements. 

Waiver requests approved by HUD 

pursuant to this document will be 

published in the Federal Register and 

will identify the PDD PHAs receiving 

such approvals, pursuant to section 106 

of the Department of Housing and Urban 

Development Reform Act of 1989. The 

process that HUD will use in assessing 

applications for waivers and 

administrative flexibilities is explained 

below. 

HUD developed a checklist 

(Attachment A at the end of this 

document) that a PDD PHA must 

complete and submit to request 

expedited review of waivers identified 

in this document. Each request must 

include a good-cause justification 

explaining the need for the waiver 

related to the PHA’s disaster relief and 

recovery efforts. The PDD PHA must 

await HUD’s response affirming waiver 

approval before implementing any 

requested waiver. Waivers will be 

granted for a period of up to 12 months 

following approval, unless otherwise 

specified. 

Waivers are divided into two tiers: 

tier 1, waivers that are estimated to be 

approved within 30 days; and tier 2, 

waivers that are estimated to be 

approved within 60 days. The Office of 

Public and Indian Housing (PIH) will 

prioritize waiver request(s) based upon 

the designated tier. 

II. List of Waivers and Administrative 

Flexibilities 

Tier 1: Immediate Need. This tier 

includes waivers and administrative 

flexibilities needed for crisis 

management operations during the 

immediate aftermath of a PDD. These 

requests will be prioritized by HUD and 


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be approved with the quickest 

turnaround time estimated at 30 days. 

Waivers applicable to both Public 

Housing (PH) and Housing Choice 

Voucher (HCV) programs: 

A. 24 CFR 982.201(e) and 960.259(a) 

and (c)(1): Verification of Date of Birth 

and Disability Status 

HUD may waive 24 CFR 982.201(e) 

and 960.259(a) and (c)(1) as it relates to 

verifying a family member’s disability 

status and/or date of birth at the time of 

admission; and the impact that 

determination has on the family’s 

eligible expenses and deductions. 

If this waiver is approved, as an 

alternative requirement, a PHA may 

accept self-certification for families 

impacted by a PDD. If the family is 

unable to provide third-party 

verification of disability and/or date of 

birth for one of its members, because of 

loss of documents, or lack of access to 

documents, then the applicable family 

member must certify to date of birth and 

disability status. The PHA must verify 

the disability status and/or date of birth 

within 90 days after admission (30 days 

longer than the standard 60 days). 

Self-certification of date of birth and 

disability status cannot be utilized when 

it is related to the eligibility for a 

particular special purpose voucher (e.g., 

Mainstream). 

B. 24 CFR 984.303(d): Family Self 

Sufficiency (FSS) Contract of 

Participation, Contract Extension 

Section 984.303(d) authorizes a PHA 

to extend a family’s contract of 

participation for a period not to exceed 

two years in the FSS Program, for any 

family that requests it. HUD may 

consider a request from a PDD PHA that 

wishes to extend contracts for up to 3 

years (one additional year) if such 

extensions are justified during PDDs. 

C. 24 CFR 982.201(e) and 960.259(a)(1) 

and (2) and (c): Eligibility 

Determination, Income Verification 

PHAs are required to verify a family’s 

income eligibility within 60 days prior 

to voucher issuance for the tenant-based 

voucher program and prior to admission 

for the project-based voucher and public 

housing programs. PIH Notice 2023–27 

provides the verification hierarchy 

under which PHAs are responsible for 

obtaining third party verification of 

reported family annual income, and 

PHAs must demonstrate efforts to obtain 

third party verification prior to 

accepting self-certification except in 

instances when self-certification is 

explicitly allowed. This waiver would 

apply only to families lacking necessary 

income documentation due to being 

impacted by the PDD. If the waiver is 

approved, the following alternative 

requirements will apply: 

1. For any applicant family impacted 

by the PDD, the PHA must first request 

third-party documentation from the 

family. 

2. If the family is unable to provide 

third-party documentation at the time of 

the request, the PHA may immediately 

allow self-certification. The PHA is not 

required to first attempt to obtain the 

documentation from the third-party 

source of income before proceeding 

immediately to the family selfcertification if the family does not have 

third party documents available to 

verify the family’s income, 

notwithstanding the requirement under 

PIH Notice 2023–27 that PHAs must 

demonstrate efforts to obtain third party 

verification prior to accepting selfcertification. 

3. Applicants must submit a selfcertification declaration of income, 

assets, expenses, and other factors that 

would otherwise affect an income 

eligibility determination. 

4. If the family is unable to provide 

third-party verification, for the tenantbased HCV program the PHA must 

receive information verifying that the 

family is eligible within the period of 60 

days after the PHA enters a Housing 

Assistance Payment (HAP) contract on 

behalf of the family, assuming the PHA 

has received self-certification of income 

from the applicant no later than 60 days 

prior to voucher issuance. For the 

Public Housing and Project Based 

Voucher (PBV) programs, the PHA must 

receive information verifying that the 

family is eligible within the period of 60 

days following admission or 

commencement of PBV assistance, 

respectively. 

5. The adoption of this waiver does 

not authorize any ineligible family to 

receive assistance under these programs 

or relieve the PHA of its responsibilities 

to correct any overpayments or 

underpayments of subsidy. The PHA 

must take steps to identify and resolve 

any income discrepancies, including 

updating the family’s income retroactive 

to the New Admission (action code 1) 

HUD–50058 and correcting any 

overpayments or underpayments. If the 

PHA later determines that an ineligible 

family received assistance, it must take 

steps to terminate that family from the 

program. 

D. 24 CFR 982.206(a)(2) and 960.206: 

Waiting List Opening and Closing, 

Public Notice 

HUD may approve an alternative 

requirement that the PDD PHA may 

provide public notice in a voicemail 

message on its main or general 

information telephone number and 

through its website (if such a PHA 

website is available). 

PHAs must comply with applicable 

fair housing and other civil rights 

requirements when they provide public 

notice. For example, a PDD PHA that 

chooses to provide public notice at its 

offices must consider the impact on 

persons with disabilities, who may have 

difficulty visiting the office in-person. 

Similarly, a PDD PHA that chooses to 

provide public notice via voice-mail 

message must consider how it will reach 

persons with hearing impairments and 

persons with limited English 

proficiency. HUD maintains the 

requirement that a PDD PHA must also 

provide the public notice in minority 

media. Any notice must comply with 

HUD fair housing requirements. 

E. PIH Notice 2011–65: Timely 

Reporting Requirements of the Family 

Report (Form HUD–50058) 

PHAs must submit family reports no 

later than 60 calendar days from the 

effective date of any action recorded on 

line 2b of the form HUD–50058 (or form 

HUD–50058 MTW). During a PDD, HUD 

may approve an alternative requirement 

allowing PHAs to extend this term and 

submit within 90 days. 

F. 24 CFR 982.516(a)(2) and (3): Family 

Income and Composition, Annual, and 

Interim Examinations for HCV and PBV; 

24 CFR 960.259(c): Family Information 

and Verification for PH and PIH Notice 

2023–27 

The PHA is required to obtain and 

document in the tenant file third-party 

verification or must document in the 

tenant file because third party 

verification was not available. HUD may 

waive the requirements to use the 

income verification hierarchy for 

families impacted by a PDD. If 

approved, a PHA can forgo third-party 

income verification requirements for 

Annual Reexaminations and Interim 

Reexaminations and the PHA may 

consider self-certification as the highest 

form of income verification to process 

Annual and Interim reexaminations 

during the allowable period of 

eligibility. 

Waivers for the Housing Choice 

Voucher program only: 

G. 24 CFR 5.703(d)(5): National 

Standards for the Physical Inspection of 

Real Estate, Units 

HUD may consider a request from a 

PDD PHA to waive the requirement to 

have at least one bedroom or living/ 

sleeping room for each two persons, to 

help house families displaced due to 


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1Although HCV regulations still cite HQS as a 

term, the citations point to the National Standards 

for the Physical Inspection of Real Estate (NSPIRE) 

final rule which was published on May 11, 2023 (88 

FR 30442), consolidating HUD’s inspection 

standards and procedures. 

PDDs. Should the waiver be granted, it 

will be in effect only for Housing 

Assistance Payment (HAP) contracts, or 

PBV leases entered during the rolling 

12-month period following the date of 

HUD approval, and then only with the 

written consent of the family. HUD will 

not waive reasonable accommodation 

requirements. For any family occupying 

a unit pursuant to this waiver, the 

waiver will be in effect for the initial 

lease term. 

H. 24 CFR 982.503(c): HUD Approval of 

Exception Payment Standard Amount 

Typically, a PHA must provide data 

about the local market, as well as other 

program related information, to 

substantiate the need for an exception 

payment standard. In a PDD, however, 

the typical data sources fail to capture 

conditions ‘‘on the ground.’’ In addition, 

the PHA is focused on meeting the 

immediate needs of displaced families, 

and HUD wants to limit the PHA’s 

burden to provide additional 

documentation that may not be readily 

available. 

In these cases, a PHA must provide 

available data on pre-disaster HCV time 

to lease and success rates, its predisaster payment standards, the 

exception payment standard amounts 

being requested, and the need for the 

requested exception payment standard 

amounts. HUD will then consider the 

information provided by the PHA, along 

with the most recently available data on 

the rental market prior to the disaster— 

which may include rents and vacancy 

rates—and compare it to data available 

immediately after a disaster which may 

include the number and share of rental 

units destroyed or seriously damaged, 

number of households displaced, and 

the amounts the Federal Emergency 

Management Agency (FEMA) or local 

government is providing for rent 

assistance to displaced disaster 

survivors. HUD will use this 

information to arrive at an emergency 

exception payment standard amount, 

which may be up to 200 percent of the 

Fair Market Rent (FMR) or Small Area 

FMR, as applicable. For example, if a 

housing market with low vacancies and 

long search times for HCV tenants prior 

to a disaster, loses a substantial share of 

rental units due to the disaster, and 

FEMA or the local government is paying 

well above FMR for rent assistance, this 

could justify an exception payment 

standard set to match FEMA’s rent 

assistance level. 

The exception payment standards will 

be effective on or after the date the 

exception payment standards are 

adopted by the PHA following HUD 

approval. The exception payment 

standards will remain in effect for up to 

12 months. HUD may revisit and adjust 

the approved exception payment 

standard amounts based on reliable 

post-disaster rental data once it is 

available. PDD PHAs are reminded that 

increased per-family costs resulting 

from the use of exception payment 

standards may result in a reduction in 

the number of families assisted or may 

require other cost-saving measures for 

an PDD PHA to stay within its funding 

limitations. 

I. 24 CFR 982.54(d)(2): Term of Voucher, 

Extension of Term 

The Department recognizes the 

urgency and the time required to update 

the Administrative Plan. Therefore, 

HUD may waive 24 CFR 982.54(d)(2), 

allowing the PHA to establish the 

alternative voucher extension policy 

immediately before updating its 

Administrative Plan. As an alternative 

requirement, the PHA must notify 

families searching with a voucher of the 

new policy as soon as possible and 

update its Administrative Plan within 

six months of approval of this waiver. 

J. 24 CFR 982.305(c): PHA Approval of 

Assisted Tenancy, When HAP Contract 

Is Executed 

When a PDD impacts an owner’s 

ability to collect the documents, HUD 

may waive 24 CFR 982.305(c) and 

provide as an alternative requirement 

that the HAP contract must be executed 

no later than 120 calendar days (60 days 

longer than the standard regulation) 

from the beginning of the lease term. 

This waiver would remain in effect for 

up to six months following approval. 

K. 24 CFR 982.633(a): Occupancy of 

Home 

HUD may consider a request from a 

PDD PHA wishing to waive the 

requirement that PHAs make HAP for 

homeownership assistance only while a 

family resides in their home and must 

stop HAP no later than the month after 

a family moves out, to allow families 

displaced from their homes located in 

areas affected by PDDs to comply with 

mortgage terms or make necessary 

repairs. 

A PHA requesting a waiver of this 

type must show good cause by 

demonstrating that the family is not 

already receiving assistance from 

another source. Note: In addition, a PDD 

PHA that wishes to request a waiver of 

the requirement at 24 CFR 982.312 that 

a family be terminated from the program 

if they have been absent from their 

home for 180 consecutive calendar days 

must do so separately. 

L. 24 CFR 982.54(a): Administrative 

Plan 

Recognizing difficulties in complying 

with the requirement that the PHA 

Board of Commissioners formally 

adopted revisions to the administrative 

plan during a PDD, HUD may waive the 

requirement to allow the PHA 

administrative plan to be revised on a 

temporary basis without Board approval 

for 120 days. Any informally adopted 

revisions under this waiver authority 

must be formally adopted within 120 

days. 

Waiver requests will be limited to 

revisions that do not constitute a 

significant amendment or modification 

to the PHA or Moving to Work (MTW) 

plan; pursuant to section 5A(g) of the 

1937 Act, HUD cannot waive the 

approval by the board or other 

authorized PHA officials if the proposed 

revision would constitute a significant 

amendment or modification to the PHA 

or MTW plan. Finally, HUD cannot 

waive any terms within a PHA’s own 

plan or state law requiring the approval 

of the board or authorized PHA officials. 

M. 24 CFR 982.405(b): Supervisory 

Quality Control Inspections 

This regulation requires the PHA to 

conduct supervisory quality control 

housing quality standards (HQS) 

inspections. This waiver would remove 

the requirement for PHAs to conduct 

such inspections for the 6-month period 

following waiver approval.1

N. 24 CFR 982.312: Absence From Unit 

This regulation requires that a family 

may not be absent from a unit for a 

period of more than 180 consecutive 

calendars days for any reason. Under 

this document, PDD PHAs may seek 

waiver approval to extend the period of 

absence from 180 days to 240 days and 

maintain documentation in the tenant 

file indicating unit is under a PDD 

which resulted in the extended absence. 

O. 24 CFR 982.455, 983.258, and 

983.211(a): Automatic Termination of 

HAP Contract or Required Removal of 

Unit From the PBV HAP 

During a PDD, families may 

experience economic and employment 

instability, resulting in loss of income in 

the immediate aftermath of a PDD. 

PHAs may request a waiver to extend 

the timeframe for automatic termination 

of the HAP contract or required removal 

of the unit from the PBV HAP contract, 


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from 180 days to 360 days following the 

last HAP payment to the owner, to 

preserve families’ assistance for a longer 

period in case a family experiences a 

loss of income, and to allow the PHA 

time to process interim reexaminations 

for families who report a loss of income. 

P. 24 CFR 982.517(c): Revisions of 

Utility Allowance Schedule 

PHAs must review their schedule of 

utility allowances each year and revise 

its allowance for a utility category if 

there has been a change of 10 percent 

or more in the utility rate since the last 

time the utility allowance schedule was 

revised. 

During a PDD, HUD may allow a PHA 

to delay reviewing and updating HCV 

utility allowances, for an additional 6 

months beyond the normal 12-month 

period. 

Q. PIH Notice 2018–1, Section 9: 

Guidance on Small Area Fair Market 

Rent (SAFMR) and Payment Standard 

PHAs may request a suspension or 

temporary exemption from using 

SAFMRs. A PDD PHA can request a 

suspension or temporary exemption 

from the requirement to use SAFMRs, 

and HUD can provide such an 

extension, through this waiver process 

rather than following the requirements 

and process outlined in PIH Notice 

2018–1, which would normally be 

required. 

R. 24 CFR Part 985: Section 8 

Management Assessment Program 

(SEMAP) 

For a PDD PHA that has a SEMAP 

score due during calendar year (CY) 

2024 or CY2025 HUD may consider a 

request to carry forward the last SEMAP 

score received by the PHA and forego 

HUD performing an assessment for 

CY2024 or CY2025, as applicable. If 

HUD grants this waiver, the PHA’s next 

SEMAP assessment will occur at the 

time an assessment would normally 

have been required had the PHA 

received the same SEMAP score for 

CY2024 or CY2025, as applicable. 

Waivers for the Public Housing 

program only: 

S. 24 CFR 965.302: Requirements for 

Energy Audits 

PHAs must complete an energy audit 

for each PHA-owned project at least 

once every five years. If the deadline for 

completing energy audit coincides with 

a PDD, this waiver would allow the 

PHA to delay the completion of their 

energy audit if a project has units with 

a HUD approved status of Disaster, in 

accordance with 24 CFR 990.145(b)(2). 

T. 24 CFR 965.507: Review and Revision 

of Allowances 

PHAs must review, and update as 

necessary, utility allowances on an 

annual basis. During a PDD, HUD may 

allow a PHA to delay reviewing and 

updating public housing utility 

allowances, for an additional 6 months 

beyond the normal 12-month period. 

U. 24 CFR 966.5: Posting of Policies, 

Rules, and Regulations 

PHAs are required by this regulation 

to provide 30-day notice to impacted 

families for changes to policies, rules, 

and special charges to families. As an 

alternative requirement, for the 6-month 

period following approval of this 

waiver, PHAs will not be required to 

provide such advance notice to families, 

except advance notice must be provided 

for any changes related to tenant 

charges. 

Tier 2 Waivers: Less Time Sensitive. 

Justification of these waivers depends 

on a PHA’s reporting cycle or the timing 

of the PDD—it is not necessarily a 

flexibility needed for crisis management 

operations in the immediate aftermath 

of a disaster. Flexibility will be required 

as part of the recovery phase 

(reconstruction) of the disaster/ 

emergency event, so PHAs can expect 

these requests to be expedited in 

approximately 60 days. 

Waiver applicable to both PH and 

HCV programs: 

A. 24 CFR 5.801(c) and (d)(1): Uniform 

Financial Reporting Standards, Filing of 

Financial Reports, Reporting 

Compliance Dates 

For PDD PHAs with a deadline to 

submit only audited financial 

information in accordance with 24 CFR 

5.801(b) and (d) within six months after 

the date of the disaster related to the 

PDD, HUD may consider a request to 

waive the due date. For PDD PHAs with 

a deadline to submit unaudited 

financial information in accordance 

with 24 CFR 5.801(b) and (d) within 120 

days before and up to six months after 

the date of the disaster related to the 

PDD, HUD may consider a request to 

waiver the due date. 

HUD may consider requests from PDD 

PHAs with financial submission due 

dates that fall outside these 

requirements. The deadline for 

submission of financial information in 

accordance with 24 CFR 5.801(b) and 

the deadline for submission of 

unaudited financial statement may be 

extended to 180 calendar days, and the 

deadline for submission of audited 

financial statements may be extended to 

13 months. 

Waivers for the Public Housing 

program only: 

B. 24 CFR Part 902: Public Housing 

Assessment System 

For PDD PHAs with fiscal year end 

(FYE) dates within four months before 

and up to 10 months after the effective 

date of the PDD, HUD may consider a 

request to waive the physical inspection 

and scoring of public housing projects, 

as required under 24 CFR part 902. For 

situations beyond the PHA’s control, 

HUD may consider requests from PDD 

PHAs with a FYE date that falls outside 

these dates. 

C. 24 CFR 905.306: Extension of 

Deadline for Programmatic Obligation 

and Expenditure of Capital Funds 

The regulation does not permit 

extensions of the expenditure dates 

other than for the period of a HUDapproved extension of the obligation 

deadline. HUD may extend both the 

obligation end date and the expenditure 

end date for all Capital Fund grants 

during a PDD. However, no 

programmatic expenditure end date 

shall be extended beyond one month 

prior to the closure of the relevant 

appropriation account, pursuant to 31 

U.S.C. 1552. 

D. 24 CFR 905.322(b): Fiscal Closeout 

An Actual Development Cost 

Certificate (ADCC) must be submitted 12 

months from the date of completion/ 

termination of a modernization activity, 

and the Actual Modernization Cost 

Certificate (AMCC) must be submitted 

not later than 12 months from the 

activity’s expenditure deadline. In 

accordance with 2 CFR 200.344(b), HUD 

may authorize an extension; however, if 

the PHA does not submit all reports 

within one year, HUD must report the 

failure under the Office of Management 

and Budget (OMB) designate integrity 

and performance system. 

E. 24 CFR 905.314(b) and (c): Cost and 

Other Limitations, Maximum Project 

Cost, Total Development Cost (TDC) 

Limit 

To facilitate the use of Capital Funds 

for repairs and construction for needed 

housing in the disaster areas, HUD may 

consider waiving the TDC and housing 

cost cap limits for all work funded by 

the Capital Grant (with unexpended 

Capital Grant funds) or for work on 

housing in the disaster area which is 

included as part of a Choice 

Neighborhoods Implementation Grant. 

PDD PHAs that request to waive this 

provision and receive approval to do so 

must strive to keep housing costs 

reasonable given local market 


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conditions, based upon the provisions 

outlined in 2 CFR part 200. 

F. 24 CFR 905.314(j): Cost and Other 

Limitations, Types of Labor 

This section establishes that for high 

performer PHAs, they may use force 

account labor for modernization and 

development activities without 

including it in a Board-approved Capital 

Fund Program 5-Year Action Plan. HUD 

may waive this requirement to allow for 

the use of force account labor for 

modernization only activities for nonhigh performers even if this activity has 

not been included in the non-high 

performer PDD PHA’s 5-Year Action 

Plan. Should HUD waive this 

requirement, the waiver will be in effect 

for a period not to exceed 12 months 

from the date of HUD approval. 

G. 24 CFR 905.400(i)(5): Capital Fund 

Formula, Replacement Housing Factor 

To Reflect Formula Need for Projects 

With Demolition or Disposition 

Occurring on or After October 1, 1998, 

and Prior to September 30, 2013 

HUD may consider waiving 

§ 905.400(i)(5) to help address housing 

needs because of the displacement 

caused by the PDD, and to allow 

unexpended Capital Fund Replacement 

Housing Factor Grants to be used for 

public housing modernization. Should 

HUD waive this requirement, the waiver 

will be in effect for funds obligated 

within a period not to exceed 12 months 

from the date of HUD approval. 

H. 24 CFR 970.15(b)(1)(ii): Demolition/ 

Disposition Applications and 

Environmental Reviews Performed 

Under 24 CFR Parts 50 and 58 

For section 18 demolition 

applications and disposition 

applications justified by location 

obsolescence for PDD PHAs, HUD may 

consider a waiver request for the 

environmental review to be performed 

under 24 CFR part 50 or 58, if HUD 

determines the environmental review 

indicates the environmental conditions 

jeopardize the suitability of the site (or 

a portion of the site) and the housing 

structures for residential use. 

I. 24 CFR 970.15(b)(2): Cost Estimate for 

Demo Application 

For section 18 demolition 

applications justified by obsolescence, 

HUD requires that PHAs support the 

cost estimate by a list of specific and 

detailed work items that require 

rehabilitation or repair, as identified on 

form HUD–52860–B and other criteria 

outlined in PIH Notice 2018–04, section 

A. HUD may consider requests to waive 

these requirements if a PDD PHA 

submits other evidence (e.g., insurance 

adjuster reports, condemnation orders 

from local municipalities, and 

photographs) that support the PDD 

PHA’s certification that a program of 

modifications is not cost-effective. 

J. 24 CFR 990.145(b)(2): Dwelling Units 

With Approved Vacancies 

If a PDD PHA has one or more units 

that have been vacated due to a PDD, 

then the PDD PHA, with HUD approval, 

may treat the unit as an ‘‘approved 

vacancy.’’ Upon the request of a PDD 

PHA and HUD approval, on a case-bycase basis, such units may be 

considered approved vacancies for the 

time approved by HUD. Effective date of 

vacant unit must align with the date of 

the emergency/or significant disaster 

event that resulted in the PDD. 

III. Exceptions or Waivers Not Listed in 

This Document 

A PDD PHA may request an exception 

of a HUD requirement not listed in 

section II of this document. HUD will 

only consider such exception requests 

subject to statutory limitations and 

pursuant to 24 CFR 5.110. Such 

exceptions or waivers shall not include 

any requests to waive fair housing, civil 

rights, labor standards, or 

environmental review requirement. The 

request must include justification and 

supporting documentation, if necessary, 

to support the request. 

IV. Finding of No Significant Impact 

A Finding of No Significant Impact 

(FONSI) with respect to the 

environment has been made in 

accordance with HUD regulations at 24 

CFR part 50, which implement section 

102(2)(C) of the National Environmental 

Policy Act of 1969 (42 U.S.C. 

4332(2)(C)). 

The FONSI is available through the 

Federal eRulemaking Portal at https://

www.regulations.gov. The FONSI is also 

available for public inspection between 

8 a.m. and 5 p.m. Eastern Time 

weekdays in the Regulations Division, 

Office of General Counsel, Department 

of Housing and Urban Development, 

451 7th Street SW, Room 10276, 

Washington, DC 20410–0500. Due to 

security measures at the HUD 

Headquarters building, an advance 

appointment to review the docket file 

must be scheduled by calling the 

Regulations Division at 202–708–3055 

(this is not a toll-free number). HUD 

welcomes and is prepared to receive 

calls from individuals who are deaf or 

hard of hearing, as well as individuals 

with speech and communication 

disabilities. To learn more about how to 

make an accessible telephone call, 

please visit https://www.fcc.gov/ 

consumers/guides/telecommunicationsrelay-service-trs. 

V. Paperwork Reduction Act 

The information collections 

referenced in this document have been 

approved by OMB pursuant to the 

Paperwork Reduction Act under, OMB 

Control Number 2577–0292. 

Dominique Blom, 

General Deputy Assistant Secretary for Public 

and Indian Housing. 

Attachment A 

Use this checklist and follow these 

instructions to submit a complete PDD 

waiver or flexibility request. Checklists 

and any supporting documentation or 

information must be submitted no later 

than 120 days following the PDD 

designation. Requests submitted after 

that time will not be considered on an 

expedited basis. 

1. Copy and paste the checklist below 

into a new document, saving the 

document with the following filename 

format: Federal Register docket number 

(FR–XXXX–N–XX), a hyphen, then your 

Agency’s HA Code. For example: FR– 

XXXX–N–XX–AL123. 

2. The section titled ‘‘Information 

about Requesting Agency’’ must be 

completed in its entirety. An official of 

the PDD PHA must sign where 

indicated. If the information about the 

requesting agency is incomplete or the 

checklist has not been signed, then the 

checklist will be returned. 

3. Address an email to both PIH_

Disaster_Relief@hud.gov and your 

regional HUD Field Office Public 

Housing Director, which can be found at 

https://www.hud.gov/program_offices/ 

public_indian_housing/about/field_

office. In the subject line, type ‘‘PHA 

Name—PHA Code—PDD Disaster 

Relief—Month and Year.’’ For example, 

Allenway Housing Authority—AL123— 

PDD Disaster Relief—October 2024. 

4. Attach to your email the completed 

checklist, letter of justification, and all 

supporting documentation as 

applicable. HUD will consider other 

methods of submission as needed. 

Section 1. Information About 

Requesting Agency 

NAME OF PHA: 

PHA CODE: 

Presidentially Declared Disaster (PDD) 

your agency is under, or FEMA 

disaster number: 

Address: 

City or Locality: (must be covered under 

PDD) 

Zip Code: 

Parish/County: 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 89, No. 24 / Monday, February 5, 2024 / Rules and Regulations 7617 

Date of Submission: 

Signature of PHA Official: 

Name/Title of PHA Official: 

Phone number of PHA Official: 

Email address of PHA Official: 

Section 2. Insert an ‘‘X’’ to the Left of 

the Administrative Flexibilities You Are 

Requesting 

Each request must include a goodcause justification for the waiver or 

flexibility, documenting why the waiver 

is needed for each purpose. 

Tier Waiver 

Citation and waiver name—FY 2024 

presidentially declared disaster 

(PDD) 

PH HCV Both PH and 

HCV 

Tier 1 Waivers ... A ................ 24 CFR 982.201(e) and 960.259: Verification of Date of Birth 

and Disability Status.

.................... .................... x 

B ................ 24 CFR 984.303(d): Family Self Sufficiency (FSS) Contract of 

Participation, Contract Extension.

.................... .................... x 

C ................ 24 CFR 982.516(a)(2) and (3) and 960.259(c): Eligibility Determination, Income Verification..................... .................... x 

D ................ 24 CFR 982.206(a)(2) and 960.206: Waiting List, Opening and 

Closing, Public notice.

.................... .................... x 

E ................ PIH Notice 2011–65: Timely Reporting Requirements of the 

Family Report (form HUD–50058).

.................... .................... x 

F ................. 24 CFR 982.516(a)(2) and (3): Family Income and Composition, Annual and Interim Examinations for HCV and PBV; 24 

CFR 960.259(c): Family Information and Verification for PH 

and PIH Notice 2023–27.

.................... .................... x 

G ................ 24 CFR 5.703(d)(5): National Standards for the Physical Inspection of Real Estate, Units..................... x ........................

H ................ 24 CFR 982.503(c): HUD Approval of Exception Payment 

Standard Amount.

.................... x ........................

I .................. 24 CFR 982.54(d)(2): Term of Voucher, Extension of Term ...... .................... x ........................

J ................. 24 CFR 982.305(c): PHA Approval of Assisted Tenancy, When 

HAP Contract is Executed.

.................... x ........................

K ................ 24 CFR 982.633(a): Occupancy of Home ................................... .................... x ........................

L ................. 24 CFR 982.54(a): Administrative Plan ....................................... .................... x ........................

M ................ 24 CFR 982.405(b): Supervisory Quality Control Inspection ...... .................... x ........................

N ................ 24 CFR 982.312: Absence from Unit .......................................... .................... x ........................

O ................ 24 CFR 982.455, 983.258 and 983.211(a): Automatic Termination of HAP Contract or Required Removal of Unit from 

the PBV HAP.

.................... x ........................

P ................ 24 CFR 982.517(c): Revisions of Utility Allowance Schedule .... .................... x ........................

Q ................ PIH Notice 2018–1, Section 9: Guidance on SAFMR and Payment Standard..................... x ........................

R ................ 24 CFR Part 985: Section 8 Management Assessment Program (SEMAP)..................... x ........................

S ................ 24 CFR 965.302: Requirements for Energy Audits .................... x .................... ........................

T ................. 24 CFR 965.507: Review & Revision of Allowances .................. x .................... ........................

U ................ 24 CFR 966.5: Posting of Policies, Rules, and Regulations ...... x .................... ........................

Tier 2 Waivers A ................ 24 CFR 5.801(c) and (d)(1): Uniform Financial Reporting standards, Filing of Financial Reports, Reporting Compliance 

Dates.

.................... .................... x 

B ................ 24 CFR Part 902: Public Housing Assessment System ............. x .................... ........................

C ................ 24 CFR 905.306: Extension of Deadline for Programmatic Obligation and Expenditure of Capital Funds.x .................... ........................

D ................ 24 CFR 905.322(b): Fiscal Closeout ........................................... x .................... ........................

E ................ 24 CFR 905.314(b) and (c): Cost and Other Limitations, Maximum Project Cost, TDC limit.x .................... ........................

F ................. 24 CFR 905.314(j): Cost and Other Limitations, Types of Labor x .................... ........................

G ................ 24 CFR 905.400(i)(5): Capital Fund Formula, Replacement 

Housing Factor to Reflect Formula Need for Projects with 

Demolition or Disposition Occurring on or after October 1, 

1998, and Prior to September 30, 2013.

x .................... ........................

H ................ 24 CFR 970.15(b)(1)(ii): Demolition/Disposition Applications 

and Environmental Reviews Performed under 24 CFR Parts 

50 and 58.

x .................... ........................

I .................. 24 CFR 970.15(b)(2): Cost Estimate for Demo Application ........ x .................... ........................

J ................. 24 CFR 990.145(b)(2): Dwelling Units with Approved Vacancies x .................... ........................

Section III of this 

document.

.................... Waivers that are not identified in this PIH document .................. x x x 

[FR Doc. 2024–02094 Filed 2–2–24; 8:45 am] 

BILLING CODE 4210–67–P 


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