Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations 8243 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 203 

[Docket No. FR–5845–N–01] 

HUD’s Qualified Mortgage Rule: 

Annual Threshold Adjustments to the 

Points and Fees Limit 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Announcement of HUD’s 

qualified mortgage rule’s annual 

threshold adjustments. 

SUMMARY: The Consumer Financial 

Protection Bureau (CFPB) issued a final 

rule entitled ‘‘Truth in Lending 

(Regulation Z) Annual Threshold 

Adjustments (CARD ACT, HOEPA and 

ATR/QM)’’ on August 15, 2014. The 

final rule re-calculated the annual dollar 

amounts for the points and fees limit in 

CFPB’s ‘‘qualified mortgage’’ definition 

to reflect the annual percentage change 

in the Consumer Price Index in effect on 

June 1, 2014. HUD’s ‘‘qualified 

mortgage’’ definition incorporates 

CFPB’s qualified mortgage points and 

fees limit and the requirement that the 

points and fees limit be adjusted 

annually. This document clarifies that 

all annual adjustments to the qualified 

mortgage points and fees limit issued by 

the CFPB to reflect the Consumer Price 

Index apply to HUD’s points and fees 

limit provision, including CFPB’s most 

recent final rule. 

DATES: Effective Date: February 17, 

2015. 

FOR FURTHER INFORMATION CONTACT: 

Michael P. Nixon, Office of Housing, 

Department of Housing and Urban 

Development, 451 7th Street SW., Room 

9278, Washington, DC 20410; telephone 

number 202–402–5216, ext. 3094 (this is 

not a toll-free number). Persons with 

hearing or speech impairments may 

access this number through TTY by 

calling the Federal Relay Service at 800– 

877–8339 (this is a toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Background 

On December 11, 2013, at 78 FR 

75215, HUD published a final rule that 

established a definition of ‘‘qualified 

mortgage’’ for single family residential 

mortgages that HUD insures, guarantees, 

or administers. Under HUD’s qualified 

mortgage rule, qualified mortgage status 

attaches at origination and insurance 

endorsement to those single family 

residential mortgages insured under the 

National Housing Act (12 U.S.C. 1701 et 

seq.), section 184 loans for Indian 

housing under the Housing and 

Community Development Act of 1992 

(12 U.S.C. 1715z–13a), and section 184A 

loans for Native Hawaiian housing 

under the Housing and Community 

Development Act of 1992 (12 U.S.C. 

1715z–13b). HUD’s definition of 

‘‘qualified mortgage’’ is codified for 

each program at 24 CFR 201.7, 203.19, 

1005.120 and 1007.80. 

HUD has defined ‘‘qualified 

mortgage’’ in a manner that aligns 

HUD’s definition, to the extent feasible 

and consistent with HUD’s mission, 

with that of the ‘‘qualified mortgage’’ 

definition promulgated by the CFPB, 

and which is codified at 12 CFR 

1026.43. HUD undertook the alignment 

for the purpose of lessening future 

differences in standards for HUD’s 

single family residential insured 

mortgages and those established by the 

CFPB, which apply to conventional, 

federally-related mortgages for which 

designation as a qualified mortgage is 

sought. 

HUD’s alignment to CFPB’s standards 

at 24 CFR 203.19 includes a crossreference to the CFPB’s limit on points 

and fees for a qualified mortgage at 12 

CFR 1026.43(e)(3). The CFPB’s qualified 

mortgage limit on points and fees 

requires that to be a ‘‘qualified 

mortgage,’’ the transaction’s points and 

fees must not exceed 3 percent of the 

total loan amount for a loan amount 

greater than or equal to $100,000; $3,000 

for a loan amount greater than or equal 

to $60,000 but less than $100,000; 5 

percent of the total loan amount for 

loans greater than or equal to $20,000 

but less than $60,000; $1,000 for a loan 

amount greater than or equal to $12,500 

but less than $20,000; and 8 percent of 

the total loan amount for loans less than 

$12,500. The definition also provides 

that the dollar amounts should be 

adjusted annually on January 1 by the 

annual percentage change in the 

Consumer Price Index for All Urban 

Consumers (CPI–U) that was reported 

on the preceding June 1. Members of the 

public interested in more detail about 

HUD’s qualified mortgage regulations 

may refer to the preamble of HUD’s 

September 30, 2013, proposed rule and 

HUD’s December 11, 2013, final rule, at 

78 FR 59890 and 78 FR 75215, 

respectively. 

II. HUD Notice of CFPB’s Final Rule 

On August 15, 2014, the CFPB issued 

a final rule ‘‘Truth in Lending 

(Regulation Z) Annual Threshold 

Adjustments (CARD ACT, HOEPA and 

ATR/QM).’’ (79 FR 48015) CFPB’s final 

rule amended the points and fees limit 

at 12 CFR 1026.43(e)(3), as required by 

12 CFR 1026.43(e)(3)(ii), to reflect the 

annual inflation in the (CPI–U), as 

published by the Bureau of Labor 

Statistics, as of June 1, 2014. The 

adjustment adopted reflected a 2 

percent increase in the CPI–U for the 

required period and is rounded to whole 

dollars for ease of compliance. The new 

points and fees limit, effective January 

1, 2015, requires that for a covered 

transaction to be a qualified mortgage 

the total points and fees must not 

exceed 3 percent of the total loan 

amount for a loan greater than or equal 

to $101,953; $3,059 for a loan amount 

greater than or equal to $61,172 but less 

than $101,953; 5 percent of the total 

loan amount for a loan greater than or 

equal to $20,391 but less than $61,172; 

$1,020 for a loan amount greater than or 

equal to $12,744 but less than $20,391; 

and 8 percent of the total loan amount 

for a loan amount less than $12,744. 

HUD’s reference to 12 CFR 

1026.43(e)(3) in its final rule included 

the requirement that the points and fees 

limit be updated annually to reflect the 

CPI–U. Therefore, this document 

clarifies that all adjustments to the 

CFPB’s point and fees limit consistent 

with 12 CFR 1026.43(e)(3)(ii) are to be 

incorporated into HUD’s points and fees 

limit per the effective date of the CFPB’s 

adjustment, including the most recent 

change issued on August 15, 2014. 

Dated: February 9, 2015. 

Biniam Gebre, 

Acting Assistant Secretary for Housing— 

Federal Housing Commissioner. 

[FR Doc. 2015–03139 Filed 2–13–15; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 982 

[Docket No. FR–5827–F–01] 

Removal of Obsolete Section 8 Rental 

Assistance Certificate Program 

Regulations 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Final rule. 

SUMMARY: This final rule removes from 

regulations obsolete references to the 

Section 8 Tenant-Based Rental 

Assistance Certificate program 

(Certificate Program). In accordance 

with Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review,’’ HUD reviewed its regulations 

to identify regulations that are 

‘‘outmoded, ineffective, insufficient or 

excessively burdensome.’’ Following its 

review, HUD determined that the 


tkelley on DSK3SPTVN1PROD with RULES
8244 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations 

1The Executive Order was subsequently 

published in the Federal Register on January 21, 

2011, at 76 FR 3821. 

2Public Law 93–383, approved August 22, 1974. 

3 42 U.S.C. 1437f. 

4Public Law 98–181, approved November 30, 

1983. 

5Public Law 100–242, approved February 5, 

1988. 

6Title V of the Departments of Veterans Affairs 

and Housing and Urban Development, and 

Independent Agencies Appropriations Act, 1999 

(Pub. L. 105–276, approved October 21, 1998). 

7 64 FR 26632. 

8 64 FR 56894. 

Certificate Program regulations are 

obsolete and unnecessary because they 

govern a program that has been 

consolidated into another program, the 

Housing Choice Voucher (HCV) 

program. This rule also makes minor 

editorial corrections to the regulations. 

DATES: Effective date: March 19, 2015. 

FOR FURTHER INFORMATION CONTACT: For 

questions, please contact Jennifer 

Lavorel at 202–402–2515 (the number is 

not toll-free). Persons with hearing or 

speech impairments may access this 

number through TTY by calling the tollfree Federal Relay Service at 800–877– 

8339. She may also be reached via 

postal mail at the following address: 

Department of Housing and Urban 

Development, 451 7th Street SW., 

Washington, DC 20410. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On January 18, 2011, President 

Obama issued Executive Order 13563, 

‘‘Improving Regulation and Regulatory 

Review.’’ 1 The Executive Order directs 

heads of Federal departments and 

agencies to review all existing 

regulations to eliminate those that are 

outdated and modify others to increase 

flexibility and reduce burden. As a part 

of HUD’s overall effort to reduce 

regulatory burden and streamline the 

content of title 24 of the Code of Federal 

Regulations (CFR), this rule removes 

obsolete references to the Certificate 

Program, which has long been merged 

with the HCV program. 

In the HCV program (and also 

formerly in the Certificate Program), 

HUD pays rental subsidies so eligible 

families can afford decent, safe, and 

sanitary housing. HUD provides housing 

assistance funds to public housing 

agencies (PHAs) that administer the 

program. Eligible families select and 

rent units that meet program housing 

quality standards. The PHA contracts 

with the owner of the housing to make 

rent subsidy payments on behalf of the 

family. 

The Certificate Program was first 

created by the Housing and Community 

Development Act of 1974,2 which 

amended section 8 of the United States 

Housing Act of 1937 (1937 Act).3

Building on the success of the 

Certificate Program, Congress 

authorized a new rental voucher 

demonstration program in 1984, by 

adding a new section 8(o) to the 1937 

Act, as part of the Supplemental 

Appropriations Act, 1984.4 The rental 

voucher program was similar to the 

Certificate Program but provided 

families with more options in housing 

selection. The rental voucher program 

was made permanent by the Housing 

and Community Development Act of 

1987.5

HUD published a series of regulatory 

changes in the 1990s to align the two 

programs as closely as possible, given 

the statutory framework of each 

program. The Quality Housing and 

Work Responsibility Act of 1998 

(QHWRA) 6 amended section 8 of the 

1937 Act to fully merge the Certificate 

and rental voucher programs and 

eliminated all differences between the 

two. On May 14, 1999,7 HUD published 

an interim rule implementing the 

merger of the two programs into the new 

HCV program. The interim rule was 

followed by publication of an October 

21, 1999, final rule.8 In accordance with 

the regulations implementing the 

merger, the Certificate Program was 

phased out by October 2001. 

The removal of obsolete references to 

the Certificate Program from 24 CFR 

will eliminate any misunderstanding 

that the Certificate Program is an active 

program. No new assistance is being 

provided under this program. To the 

extent that any Project-Based Certificate 

Program contracts remain in effect, they 

are now governed by the regulations in 

24 CFR 983.10, entitled ‘‘Project-based 

certificate (PBC) program’’. 

In addition to eliminating obsolete 

regulatory provisions in 24 CFR part, 

this rule makes certain minor editorial 

corrections to the regulations in 24 CFR 

part 982. For example, in certain places, 

the regulations refer to PHAs as PHAs 

but in other places the regulations refer 

to PHAs as housing authorities or HAs. 

HUD revised the regulations to 

consistently use the terms PHA or PHAs 

throughout. Similarly, the rule revises 

the part 982 regulations to refer to the 

tenant-based voucher program as the 

HCV program. 

II. Justification for Final Rulemaking 

In accordance with 24 CFR part 10, it 

is the practice of HUD to offer interested 

parties the opportunity to comment on 

proposed regulations. Part 10, consistent 

with 5 U.S.C. 553(b), provides for 

exceptions to the general rule if an 

agency, for good cause, finds that 

‘‘notice and public procedure thereon 

are impracticable, unnecessary, or 

contrary to the public interest.’’ (See 24 

CFR 10.1.) 

The removal of these regulations from 

24 CFR does not establish or affect 

substantive policy. This final rule 

removes obsolete and unnecessary 

regulatory provisions for a program that 

is no longer being funded and makes 

non-substantive editorial corrections. 

Therefore, HUD finds that public notice 

and comment are unnecessary and 

contrary to the public interest. 

III. Findings and Certifications 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) generally requires 

an agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. Because HUD 

has determined that good cause exists to 

issue this rule without prior public 

comment, this rule is not subject to the 

requirement to publish an initial or final 

regulatory flexibility analysis under the 

RFA as part of such action. 

Unfunded Mandates Reform 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(2 U.S.C. 1532) requires that an agency 

prepare a budgetary impact statement 

before promulgating a rule that includes 

a Federal mandate that may result in the 

expenditure by state, local, and tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year. If a budgetary impact 

statement is required, section 205 of 

UMRA (2 U.S.C. 1534) also requires an 

agency to identify and consider a 

reasonable number of regulatory 

alternatives before promulgating a rule. 

However, the UMRA applies only to 

rules for which an agency publishes a 

general notice of proposed rulemaking. 

As discussed above, HUD has 

determined, for good cause, that prior 

notice and public comment is not 

required on this rule and, therefore, the 

UMRA does not apply to this final rule. 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’‘) prohibits an agency from 

publishing any rule that has federalism 

implications if the rule either imposes 

substantial direct compliance costs on 

state and local governments and is not 

required by statute, or the rule preempts 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations 8245 

state law, unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive Order. This 

final rule will not have federalism 

implications and would not impose 

substantial direct compliance costs on 

state and local governments or preempt 

state law within the meaning of the 

Executive order. 

Environmental Review 

This final rule does not direct, 

provide for assistance or loan and 

mortgage insurance for, or otherwise 

govern, or regulate, real property 

acquisition, disposition, leasing, 

rehabilitation, alteration, demolition, or 

new construction, or establish, revise, or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Accordingly, 

under 24 CFR 50.19(c)(1), this final rule 

is categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

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

List of Subjects in 24 CFR Part 982 

Grant programs—housing and 

community development, Grant 

programs-Indians, Indians, Public 

housing, Rent subsidies, Reporting and 

recordkeeping requirements. 

Accordingly, for the reasons stated in 

the preamble, and pursuant to the 

Secretary’s authority under 42 U.S.C. 

3535(d), 24 CFR part 982 is amended as 

follows: 

PART 982—SECTION 8 TENANTBASED ASSISTANCE: HOUSING 

CHOICE VOUCHER PROGRAM 

■ 1. The authority citation for part 982 

continues to read as follows: 

Authority: 42 U.S.C. 1437f and 3535(d). 

■ 2. Revise § 982.1(a) to read as follows: 

§ 982.1 Programs: purpose and structure. 

(a) General description. (1) In the 

HUD Housing Choice Voucher (HCV) 

program, HUD pays rental subsidies so 

eligible families can afford decent, safe, 

and sanitary housing. The HCV program 

is generally administered by State or 

local governmental entities called 

public housing agencies (PHAs). HUD 

provides housing assistance funds to the 

PHA. HUD also provides funds for PHA 

administration of the program. 

(2) Families select and rent units that 

meet program housing quality 

standards. If the PHA approves a 

family’s unit and tenancy, the PHA 

contracts with the owner to make rent 

subsidy payments on behalf of the 

family. A PHA may not approve a 

tenancy unless the rent is reasonable. 

(3) Subsidy in the HCV program is 

based on a local ‘‘payment standard’’ 

that reflects the cost to lease a unit in 

the local housing market. If the rent is 

less than the payment standard, the 

family generally pays 30 percent of 

adjusted monthly income for rent. If the 

rent is more than the payment standard, 

the family pays a larger share of the 

rent. 

* * * * * 

■ 3. Revise § 982.2 to read as follows: 

§ 982.2 Applicability. 

Part 982 contains the program 

requirements for the tenant-based 

housing assistance program under 

Section 8 of the United States Housing 

Act of 1937 (42 U.S.C. 1437f). The 

tenant-based program is the HCV 

program. 

■ 4. Amend § 982.4 as follows: 

■ a. Revise paragraph (a)(2); and 

■ b. In paragraph (b), remove the 

definition of ‘‘Tenant rent’’ and revise 

the definitions of ‘‘Absorption’’, 

‘‘Administrative plan’’, ‘‘Admission’’, 

‘‘Applicant’’, ‘‘Budget authority’’, 

‘‘Continuously assisted’’, ‘‘Housing 

quality standards (HQS)’’, ‘‘Merger 

date’’, ‘‘Program’’, ‘‘Receiving PHA’’, 

and ‘‘Utility reimbursement’’. 

The revisions read as follows: 

§ 982.4 Definitions. 

(a) * * * 

(2) Definitions concerning family 

income and rent. The terms ‘‘adjusted 

income,’’ ‘‘annual income,’’ ‘‘extremely 

low income family,’’ ‘‘tenant rent,’’ 

‘‘total tenant payment,’’ ‘‘utility 

allowance,’’ ‘‘utility reimbursement,’’ 

and ‘‘welfare assistance’’ are defined in 

part 5, subpart F of this title. The 

definitions of ‘‘tenant rent’’ and ‘‘utility 

reimbursement’’ in part 5, subpart F of 

this title do not apply to the HCV 

program under part 982. 

(b) * * * 

Absorption. In portability (under 

subpart H of this part): the point at 

which a receiving PHA stops billing the 

initial PHA for assistance on behalf of 

a portability family. The receiving PHA 

uses funds available under the receiving 

PHA consolidated ACC. 

* * * * * 

Administrative plan. The plan that 

describes PHA policies for 

administration of the HCV program. See 

§ 982.54. 

Admission. The point when the 

family becomes a participant in the 

program. The date used for this purpose 

is the effective date of the first HAP 

contract for a family (first day of initial 

lease term) in the tenant-based program. 

Applicant (applicant family). A family 

that has applied for admission to the 

HCV program but is not yet a program 

participant. 

Budget authority. An amount 

authorized and appropriated by the 

Congress for payment to PHAs under 

the HCV program. For each funding 

increment in the program, budget 

authority is the maximum amount that 

may be paid by HUD to the PHA over 

the ACC term of the funding increment. 

* * * * * 

Continuously assisted. An applicant is 

continuously assisted under the 1937 

Act if the family is already receiving 

assistance under any 1937 Act program 

when the family is admitted to the HCV 

program. 

* * * * * 

Housing quality standards (HQS). The 

HUD minimum quality standards for 

housing assisted under the HCV 

program. See § 982.401. 

* * * * * 

Merger date. October 1, 1999, which 

is the effective date of the merger of the 

two tenant-based programs (the housing 

voucher and housing certificate 

programs) into the Housing Choice 

Voucher (HCV) program. 

* * * * * 

Program. The Section 8 HCV program 

under this part. 

* * * * * 

Receiving PHA. In portability: A PHA 

that receives a family selected for 

participation in the HCV program of 

another PHA. The receiving PHA issues 

a voucher and provides program 

assistance to the family. 

* * * * * 

Utility reimbursement. The portion of 

the housing assistance payment which 

exceeds the amount of the rent to 

owner. (See § 982.514(b)). 

* * * * * 

■ 5. In § 982.51(b), revise the second 

sentence to read as follows: 

§ 982.51 PHA authority to administer 

program. 

* * * * * 

(b) * * * The PHA must submit 

additional evidence when there is a 

change that affects its status as a PHA, 

its authority to administer the program, 

or its jurisdiction. 

§ 982.53 [Amended] 

■ 6. In § 982.53(e), remove the phrase 

‘‘incidents of’’ and add in its place ‘‘an 

incidence of’’. 

§ 982.54 [Amended] 

■ 7. In § 982.54, remove paragraph 

(d)(19) and redesignate paragraphs 

(d)(20) through (23) as paragraphs 

(d)(19) through (22), respectively. 


tkelley on DSK3SPTVN1PROD with RULES
8246 Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations 

§ 982.101 [Amended] 

■ 8. In § 982.101(c), remove the word 

‘‘HAs’’ and add in its place ‘‘PHAs’’ and 

remove the parenthetical ‘‘(NOFA)’’ and 

add in its place ‘‘(NOFAs)’’. 

§ 982.102 [Amended] 

■ 9. Amend § 982.102 as follows: 

■ a. In paragraph (a), remove the phrase 

‘‘part 983 of this title’’ and add in its 

place ‘‘24 CFR part 983’’ and remove the 

‘‘,’’ at the end of the paragraph and add 

a ‘‘.’’ in its place; 

■ b. In paragraph (e)(1)(i), remove the 

words ‘‘PHA certificate and voucher 

programs (including project-based 

assistance under such programs)’’ and 

add, in their place, the words ‘‘HCV 

program (including project-based 

assistance under such program)’’; 

■ c. Redesignate the second paragraph 

(e)(3)(iii) as paragraph (e)(3)(iv); and 

■ d. In paragraph (f), capitalize the word 

‘‘consolidated’’ in the paragraph 

heading. 

§ 982.103 [Amended] 

■ 10. In § 982.103(a), capitalize the 

word ‘‘a’’ at the beginning of the 

paragraph. 

§ 982.151 [Amended] 

■ 11. In § 982.151(a)(2), remove the 

words ‘‘PHA tenant-based assistance 

program’’ and add in their place ‘‘PHA’s 

HCV program’’. 

§ 982.152 [Amended] 

■ 12. Amend § 982.152 as follows: 

■ a. In paragraph (a), remove all 

references to ‘‘HA’’ and add in their 

place ‘‘PHA’’; and 

■ b. In paragraph (b)(2), remove the 

phrase ‘‘tenant-based’’ and add in its 

place ‘‘HCV’’. 

§ 982.158 [Amended] 

■ 13. In § 982.158(c), remove the word 

‘‘tPHAt’’ and add in its place ‘‘that’’. 

§ 982.161 [Amended] 

■ 14. In § 982.161(a), remove the phrase 

‘‘tenant-based programs’’ and add in its 

place ‘‘HCV program’’. 

■ 15. Amend § 982.201 as follows: 

■ a. In the paragraph heading of 

paragraph (a), add the word ‘‘In’’ before 

the word ‘‘general’’; 

■ b. In paragraph (b)(2)(i), remove the 

phrase ‘‘tenant-based voucher’’ and add 

in its place ‘‘HCV’’; 

■ c. Remove paragraph (b)(2)(iv) and 

redesignate paragraphs (b)(2)(v) through 

(vii) as paragraphs (b)(2)(iv) through 

(vi), respectively; 

■ d. In newly redesignated paragraph 

(b)(2)(v), remove the phrase ‘‘tenantbased voucher’’ and add in its place 

‘‘HCV’’; and 

■ e. Revise newly redesignated 

paragraph (b)(2)(vi) and paragraph 

(b)(3). 

The revisions read as follows: 

§ 982.201 Eligibility and targeting. 

* * * * * 

(b) * * * 

(2) * * * 

(vi) If a family initially leases a unit 

outside the PHA jurisdiction under 

portability procedures at admission to 

the HCV program, such admission shall 

be counted against the targeting 

obligation of the initial PHA (unless the 

receiving PHA absorbs the portable 

family into the receiving PHA’s HCV 

program from the point of admission). 

(3) The annual income (gross income) 

of an applicant family is used both for 

determination of income-eligibility 

under paragraph (b)(1) of this section 

and for targeting under paragraph 

(b)(2)(i) of this section. In determining 

annual income of an applicant family 

that includes a person with disabilities, 

the determination must include the 

disallowance of increase in annual 

income as provided in 24 CFR 5.617, if 

applicable. 

* * * * * 

§ 982.205 [Amended] 

■ 16. In § 982.205(a)(1), capitalize the 

word ‘‘a’’ in the first sentence following 

the paragraph heading. 

■ 17. Add § 982.305(b)(1)(iii) to read as 

follows: 

§ 982.305 PHA approval of assisted 

tenancy. 

* * * * * 

(b) * * * 

(1)

(iii) The PHA has approved leasing of 

the unit in accordance with program 

requirements. 

* * * * * 

§ 982.311 [Amended] 

■ 18. In § 982.311(b), remove the word 

‘‘HA’’ and add in its place ‘‘PHA’’. 

§ 982.315 [Amended] 

■ 19. In § 982.315(b)(3), remove the 

words ‘‘or actual’’ and add in their place 

‘‘of actual’’. 

■ 20. Amend § 982.355 as follows: 

■ a. In paragraph (a), remove the phrase 

‘‘a tenant-based’’ and add in its place 

‘‘an HCV’’; 

■ b. Revise paragraph (c)(1); 

■ c. In paragraph (d)(1), remove the 

phrase ‘‘PHA voucher’’ and add in its 

place ‘‘PHA’s HCV’’ and remove the 

phrase ‘‘PHA tenant-based’’ and add in 

its place ‘‘PHA’s HCV’’; 

■ d. In paragraph (e)(6), capitalize the 

word ‘‘a’’ at the beginning of the 

paragraph and remove the phrase ‘‘PHA 

tenant-based’’ and add in its place 

‘‘PHA’s HCV’’; and 

■ e. In paragraph (e)(7), remove the 

phrase ‘‘tenant-based’’ and add in its 

place ‘‘HCV’’. 

The revision reads as follows: 

§ 982.355 Portability: Administration by 

receiving PHA. 

* * * * * 

(c) * * * 

(1) The receiving PHA does not 

redetermine eligibility for a portable 

family that was already receiving 

assistance in the initial PHA’s HCV 

program. However, for a portable family 

that was not already receiving assistance 

in the PHA’s HCV program, the initial 

PHA must determine whether the family 

is eligible for admission to the receiving 

PHA’s HCV program. 

* * * * * 

§ 982.401 [Amended] 

■ 21. Amend § 982.401 as follows: 

■ a. In paragraph (a)(1), remove the 

phrase ‘‘in the programs’’ and add in its 

place ‘‘under the HCV program’’; 

■ b. In paragraph (c)(1)(ii), add a period 

after ‘‘e.g’’; and 

■ c. In paragraph (n)(1), remove ’’ -’’ 

after ‘‘hearing-impaired person,’’. 

§ 982.403 [Amended] 

■ 22. In § 982.403, remove paragraph (b) 

and redesignate paragraph (c) as 

paragraph (b). 

§ 982.406 [Amended] 

■ 23. In § 982.406, remove ‘‘tPHAn’’ and 

add in its place ‘‘than’’. 

§ 982.452 [Amended] 

■ 24. In § 982.452(b)(5)(ii), remove the 

line break between ‘‘tenant 

contribution’’ and ‘‘(the part of rent’’. 

■ 25. Revise § 982.501 to read as 

follows: 

§ 982.501 Overview. 

This subpart describes program 

requirements concerning the housing 

assistance payment and rent to owner 

under the HCV program. 

§ 982.502 [Removed] 

■ 26. Remove § 982.502. 

§ 982.503 [Amended] 

■ 27. Amend § 982.503 as follows: 

■ a. Remove ‘‘Voucher tenancy:’’ from 

the section heading; and 

■ b. Remove paragraph (c)(7). 

§ 982.504 [Amended] 

■ 28. Amend § 982.504 as follows: 


tkelley on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 80, No. 31 / Tuesday, February 17, 2015 / Rules and Regulations 8247 

■ a. Remove ‘‘Voucher tenancy:’’ from 

the section heading; 

■ b. In paragraph (a) introductory text, 

remove the phrase ‘‘tenant-based 

assistance under the voucher program’’ 

and add in its place ‘‘HCV assistance’’; 

■ c. In paragraph (a)(1), remove the 

phrase ‘‘tenant-based voucher’’ and add 

in its place ‘‘HCV’’ and remove the 

phrase ‘‘§ 401.421 of this title’’ and add 

in its place ‘‘24 CFR 401.421’’; and 

■ d. In paragraph (a)(2), remove ‘‘tenantbased’’ and add in its place ‘‘HCV’’. 

§ 982.505 [Amended] 

■ 29. In § 982.505, remove ‘‘Voucher 

tenancy:’’ from the section heading. 

■ 30. Revise § 982.516(d)(2) to read as 

follows: 

§ 982.516 Family income and composition: 

Regular and interim examinations. 

* * * * * 

(d) * * * 

(2) At the effective date of a regular or 

interim reexamination, the PHA must 

make appropriate adjustments in the 

housing assistance payment in 

accordance with § 982.505. 

* * * * * 

§ 982.517 [Amended] 

■ 31. In § 982.517(c)(1), capitalize the 

word ‘‘a’’ at the beginning of the 

paragraph and remove the word ‘‘PHAs’’ 

and add in its place ‘‘has’’. 

§§ 982.518, 982.519, and 982.520 

[Removed] 

■ 32. Remove §§ 982.518 through 

982.520. 

§ 982.521 [Amended] 

■ 33. Remove § 982.521(c). 

§ 982.552 [Amended] 

■ 34. In § 982.522(c)(2)(iii), add ‘‘may’’ 

before ‘‘consider whether’’. 

§ 982.553 [Amended] 

■ 35. In § 982.553(a)(2)(ii)(B), remove 

the phrase ‘‘not to have’’ and add in its 

place ‘‘not have’’. 

§ 982.555 [Amended] 

■ 36. Amend § 982.555 as follows: 

■ a. In paragraph (a), add a space 

between the paragraph heading and 

paragraph (a)(1), capitalize the word ‘‘a’’ 

at the beginning of paragraph (a)(1), 

remove paragraph (a)(1)(iv), and 

redesignate paragraphs (a)(1)(v) and (vi) 

as paragraphs (a)(1)(iv) and (v), 

respectively; and 

■ b. In paragraphs (b)(4), (5), (6), and (7), 

capitalize the word ‘‘a’’ at the beginning 

of each paragraph. 

§ 982.601 [Amended] 

■ 37. In § 982.601(c)(1), add a period 

after ‘‘e.g’’. 

§ 982.615 [Amended] 

■ 38. In § 982.615(b), remove ‘‘HA’’ and 

add in its place ‘‘PHA’’. 

■ 39. Revise § 982.619(b)(4) to read as 

follows: 

§ 982.619 Cooperative housing. 

* * * * * 

(b) * * * 

(4) Adjustments are applied to the 

carrying charge as determined in 

accordance with this section. 

* * * * * 

§ 982.623 [Amended] 

■ 40. Amend § 982.623 as follows: 

■ a. Remove paragraph (a); 

■ b. Remove the heading of paragraph 

(b). 

■ c. Redesignate paragraphs (b)(1) 

through (4) as paragraphs (a) through 

(d), respectively; 

■ d. In newly redesignated paragraph 

(c), further redesignate paragraphs (i) 

and (ii) as paragraphs (c)(1) and (2), 

respectively; and 

■ e. In newly redesignated paragraph 

(d), further redesignate paragraphs (i) 

through (iii) as paragraphs (d)(1) 

through (3), respectively. 

§ 982.625 [Amended] 

■ 41. In § 982.625(g)(2), add a space 

between ‘‘its’’ and ‘‘Section 8’’. 

§ 982.627 [Amended] 

■ 42. In § 982.627(c)(2)(ii)(A), remove 

the line break between ‘‘voucher’’ and 

‘‘program’’. 

§ 982.631 [Amended] 

■ 43. In § 982.631(c)(2)(iii), remove the 

line break between ‘‘unit’’ and ‘‘unless’’. 

§ 982.636 [Amended] 

■ 44. In § 982.636(c), add a period after 

‘‘e.g’’. 

§ 982.641 [Amended] 

■ 45. In § 982.641(c)(3), in the crossreference ‘‘§ 982.353(b)(1), (2), and (3)’’, 

remove ‘‘(b)(1),(2), and (3)’’. 

Dated: February 9, 2015. 

Jemine A. Bryon, 

Acting Assistant Secretary for Public and 

Indian Housing. 

[FR Doc. 2015–03037 Filed 2–13–15; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 401 and 405 

[CMS–6037–RCN] 

RIN 0938–AQ58 

Medicare Program; Reporting and 

Returning of Overpayments; Extension 

of Timeline for Publication of the Final 

Rule 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS). 

ACTION: Extension of timeline for 

publication of a final rule. 

SUMMARY: This document announces the 

extension of the timeline for publication 

of the ‘‘Medicare Program; Reporting 

and Returning of Overpayments’’ final 

rule. We are issuing this notice in 

accordance with the Social Security Act 

(the Act) which requires notice to be 

provided in the Federal Register if there 

are exceptional circumstances that 

cause us to publish a final rule more 

than 3 years after the publication date 

of the proposed rule. In this case, the 

complexity of the rule and scope of 

comments warrants the extension of the 

timeline for publication. 

DATES: As of February 17, 2015, CMS 

extends by 1 year the timeline for 

publication of a final rule concerning 

policies and procedures for reporting 

and returning overpayments to the 

Medicare program for providers and 

suppliers of services under Parts A and 

B of title XVIII as outlined in the 

proposed rule published February 16, 

2012, at 77 FR 9179. 

FOR FURTHER INFORMATION CONTACT: Joe 

Strazzire, (410) 786–2775. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 1871(a)(3)(A) of the Social 

Security Act (the Act) requires the 

Secretary, in consultation with the 

Director of the Office of Management 

and Budget (OMB), to establish a regular 

timeline for the publication of a final 

rule based on the previous publication 

of a proposed rule or an interim final 

rule. In accordance with section 

1871(a)(3)(B) of the Act, such regular 

timeline may vary among different final 

rules, based on the complexity of the 

rule, the number and scope of the 

comments received, and other relevant 

factors. The timeline for publishing the 

final rule, however, cannot exceed 3 

years from the date of publication of the 

proposed or interim final rule, unless 


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