66222 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Notices 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5022–N–01] 

Regulatory and Administrative Waivers 

Granted for Public and Indian Housing 

Programs To Assist With Recovery 

and Relief in Hurricane Rita Disaster 

Areas; and Additional Administrative 

Relief for Hurricane Katrina 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Notice. 

SUMMARY: Similar to HUD’s notice 

published on October 3, 2005, regarding 

administrative actions to bring relief to 

areas affected by Hurricane Katrina, this 

notice advises the public of HUD 

regulations and other administrative 

requirements governing HUD’s Office of 

Public and Indian Housing (PIH) 

programs that have been waived in 

order to facilitate the delivery of safe 

and decent housing under these 

programs to families and individuals 

who have been displaced from their 

housing by Hurricane Rita. Entities that 

administer PIH programs, which 

include public housing agencies (PHAs), 

Indian and tribally designated housing 

entities (TDHEs), and local and tribal 

governments, and are located in an area 

declared by the President to be a federal 

disaster area as a result of Hurricane 

Rita, may defer compliance with the 

regulations and other requirements 

listed in this notice for an initial period 

of 12 months or such other period as 

may be specified in this notice. PIH 

program administrators that are not 

located in a disaster area but assisting 

with Hurricane Rita recovery and relief 

may request waiver of the regulations 

and administrative requirements listed 

in this notice, and HUD review and 

response is available through an 

expedited waiver request and response 

process. PIH program administrators, 

located in an area declared a federal 

disaster area as a result of Hurricane 

Rita, or PIH program administrators not 

located in such an area but assisting 

with Hurricane Rita relief and recovery 

efforts, may request waiver of a 

regulation or other administrative 

requirement through the expedited 

waiver process provided in this notice. 

This notice applies only to PIH 

programs or to cross-cutting regulatory 

or administrative requirements that are 

applicable to PIH program 

administrators. 

This notice provides in Section III.A.2 

for an extension for improved 

performance by certain PHAs located in 

areas declared a federal disaster area as 

a result of Hurricane Katrina, which 

supplements the waivers made available 

under the procedures described in the 

October 3, 2005, notice. 

DATES: Effective Date: October 25, 2005. 

FOR FURTHER INFORMATION CONTACT: PIH 

Disaster Relief Officer, Office of Policy 

Programs and Legislation, Office of 

Public and Indian Housing, Department 

of Housing and Urban Development, 

451 Seventh Street, SW., Room 4116, 

Washington, DC 20410–5000, telephone 

number (202) 708–4016, extension 4245, 

or (202) 708–0713, extension 7651. 

Persons with hearing or speech 

impairments may access this number 

via TTY by calling the Federal 

Information Relay Service at (800) 877– 

8339. 

SUPPLEMENTARY INFORMATION: 

I. Background Information 

In September 2005, Hurricane Rita 

closely followed Hurricane Katrina and 

once again hit the Gulf Coast area of the 

United States, adding to the damage to 

property and displacement of 

individuals and families from their 

homes and communities that already 

had been caused by Hurricane Katrina. 

The President directed federal agencies 

to include victims of Hurricane Rita in 

relief and recovery efforts underway for 

victims of Hurricane Katrina, and to 

eliminate ‘‘red tape’’ where feasible that 

will impede the delivery of federal 

financial assistance and other needed 

benefits. 

Similar to the notice of waiver of 

regulations and administrative 

requirements that HUD published on 

October 3, 2005 (70 FR 57716), to assist 

PIH program administrators in 

Hurricane Katrina disaster areas, this 

notice identifies HUD regulations and 

other administrative requirements 

governing HUD’s PIH programs that are 

waived or temporarily suspended or 

deferred in an area declared by the 

President to be a federal disaster area as 

a result of Hurricane Rita (disaster area). 

In addition, HUD will provide an 

expedited review process to waive the 

requirements listed in this notice upon 

request from PIH program 

administrators that are not located in 

disaster areas but are assisting with 

Hurricane Rita recovery and relief 

efforts. 

HUD’s Office of Public and Indian 

Housing examined the regulations 

governing PIH programs and 

recommended waiver or temporary 

suspension or deferral of those 

regulations that the office believes could 

impede PIH program administrators in 

their effort to expeditiously assist with 

housing current PIH program 

participants who lost housing as a result 

of Hurricane Rita, as well as others who 

now need housing assistance under PIH 

programs as a result of the hurricane. 

PIH program administrators that are 

located in a disaster area may defer 

compliance with the requirements listed 

in this notice for an initial period of 12 

months under the notification process 

described in this notice. The 

requirements listed in this notice that 

have been deferred, or temporarily 

suspended by waiver include regulatory 

and other administrative provisions that 

require periodic reporting and other 

information delivery by PHAs, Indian 

tribes, and TDHEs. While such reporting 

is important to ensure effective and 

efficient administration of PIH 

programs, these requirements have been 

waived in order that PIH program 

administrators may focus their time and 

resources on identifying and providing 

decent and safe housing during this 

period of unparalleled displacement of 

families and individuals. 

For the majority of the regulations and 

administrative requirements listed in 

this notice and for which a waiver was 

granted, HUD did not waive the 

requirements entirely but deferred 

compliance until such time as 

compliance may be feasible; for 

example, in many cases HUD extended 

deadlines for reports or other 

documents that PIH program 

administrators must submit to HUD. 

Because Hurricane Rita compounded 

and exacerbated the damage caused by 

Hurricane Katrina, the damage to the 

Gulf Coast area remains unprecedented, 

and the need for housing and other 

basic life saving and sustaining relief is 

widespread and immediate, HUD is 

relying on its experienced partners in 

the HUD housing-assistance programs 

who are in the front-line of recovery 

efforts to meet the challenge of 

providing decent, safe, and sanitary 

housing as expeditiously as possible 

and to comply to the extent possible 

with the regulations that promote that 

goal. HUD does not want the time and 

resources of PHAs, Indian tribes, and 

TDHEs diverted by requirements that 

are important but can be deferred until 

such time as a degree of normalcy in 

operations returns to the disaster areas. 

As the recovery period proceeds, HUD 

may identify other regulations for which 

waiver or temporary deferral or 

suspension is needed or determine that 

other alternative requirements may be 

necessary to assist with facilitation of 

delivery of housing to those most in 

need. Any additional HUD waivers or 

suspensions or other alternative 

requirements will be announced by 

Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Notices 66223 

direct notice to PIH program 

administrators and by Federal Register 

publication. 

PIH program administrators that are 

not located in a disaster area but are 

assisting with Hurricane Rita recovery 

and relief efforts may request waiver of 

the regulations and administrative 

requirements listed in this notice 

through the expedited waiver request 

and response process set forth in this 

notice. 

In addition to the waiver of regulatory 

requirements, some statutory provisions 

contain built-in waiver provisions that 

allow administrative waiver of the 

statutory requirements for cause. Certain 

of those provisions are included in 

Section III.A of this notice. 

This notice lists HUD regulatory and 

administrative requirements that the 

Office of PIH determined needed to be 

waived or temporarily deferred or 

suspended during the Hurricane Rita 

recovery period. If PHAs, Indian tribes, 

and TDHEs, and other PIH program 

administrators identify other regulations 

that they believe should be waived, they 

should seek a waiver by submitting a 

waiver request, which specifies the need 

for a waiver, to the email address 

provided below in Section II, which 

describes the expedited waiver process. 

II. Waiver Process 

A. For PIH Program Administrators in 

Declared Disaster Areas 

Entities that administer public or 

Indian housing or voucher programs 

and are located in the areas declared a 

federal disaster area as a result of 

Hurricane Rita may defer or suspend 

compliance with the regulations and 

other administrative requirements listed 

in this notice, with the exception of the 

waiver of the provision in Section 

III.B.12, upon the effective date of this 

notice, for an initial period of 12 months 

or for such other period as may be 

specified in this notice. These entities, 

however, should notify HUD within two 

weeks of determination of the need to 

utilize the waived requirements in this 

notice, or as soon as possible, by 

contacting HUD in the manner detailed 

in the following paragraph. 

An official of the PHA, TDHE, tribal 

or local government that seeks the 

suspension of compliance with 

requirements listed in this notice must 

contact HUD in writing (email 

communication is allowed) and identify 

the requirements by section and number 

utilized in this notice (e.g., Section 

III.A.2., Section III.B. 1, 2, 3, etc., or ‘‘all 

of the waived or suspended 

requirements in Section III’’). The 

following email address has been 

established in order to expedite the 

process: 

Pih_Ritadisaster_Relief@hud.gov. Please 

note that this email address is different 

from the email address provided for 

Hurricane Katrina. In addition, a 

checklist of the waived or suspended 

requirements is available at HUD’s Web 

site at http://www.hud.gov/katrina/ 

proguidance.cfm, and an eligible PHA 

can use this checklist to identify the 

waived or suspended requirements that 

it will utilize. 

This is a notification process only, 

and HUD asks that this notification be 

made to HUD no later than two weeks 

after a PHA determines the need to rely 

on one or more or all of the waived or 

suspended requirements in this notice. 

While, as noted earlier, HUD does not 

want to impose additional 

administrative requirements on PIH 

program administrators located in the 

disaster areas during this period, it is 

important and helpful for HUD to know 

how these entities are administering 

their PIH programs during the recovery 

period, as HUD has tried to make this 

notification process as easy as possible. 

HUD will maintain information on the 

names of the PHAs, Indian tribes, or 

TDHEs that have deferred compliance 

with certain regulatory and 

administrative requirements in 

accordance with this notice. The 

regulation or administrative 

requirement will remain inapplicable 

for a period of 12 months and will be 

considered waived or suspended by 

HUD for an additional three months 

upon notification to HUD following the 

same notification process described 

above. 

B. For PIH Program Participants in NonDisaster Declared Areas 

PIH program administrators that are 

not located in a disaster area but are 

contributing to Hurricane Rita relief and 

recovery efforts may request a waiver of 

the regulations or administrative 

requirements listed in this notice by 

sending a request for a waiver to the 

PIH_RitaDisaster_Relief@hud.gov email 

address. The request must specify the 

need, including justification, for the 

waiver of the requirement. Waiver 

requests submitted through this email 

address will receive priority processing. 

C. Regulations and Requirements Not 

Waived in This Notice 

For any regulation or other 

administrative requirement not listed in 

this notice for which a PIH program 

administrator seeks waiver or 

suspension, the program administrator 

may seek a waiver by sending a request 

to the PIH_RitaDisaster_Relief@hud.gov 

email address. The request must specify 

the need, including justification, for the 

waiver of the requirement. As noted 

earlier, waiver requests submitted 

through this email address will receive 

priority processing, and HUD will 

respond to the requestor by email. 

The expedited waiver process is 

provided only for waiver or suspension 

of requirements that will assist with the 

Hurricane Rita relief and recovery 

efforts. HUD will not respond to any 

waiver requests submitted to this email 

address that are unrelated to relief and 

recovery of the disaster areas. 

III. Authority To Grant Waivers 

Generally, waivers of HUD regulations 

are handled on a case-by-case basis. 

Under statutory requirements set forth 

in section 7(q) of the Department of 

Housing and Urban Development Act 

(42 U.S.C. 3535(q)), a regulated party 

that seeks a waiver of a HUD regulation 

must request a waiver from HUD in 

writing, and the waiver request must 

specify the need for the waiver. HUD 

then responds to the request in writing 

and, if the waiver is granted, HUD 

includes a summary of the waiver 

granted (and all regulatory waivers 

granted during a three-month period) in 

a Federal Register notice that is 

published quarterly. Since the damage 

to property and the displacement of 

families and individuals in the disaster 

areas is massive, and the need for 

regulatory relief in many areas 

pertaining to HUD-assisted housing is 

readily apparent, HUD is suspending its 

usual regulatory waiver protocols for the 

disaster areas and has substituted an 

expedited process that meets the 

requirements of section 7(q). 

In a quarterly notice of regulations 

waived, HUD will identify the PIH 

program administrators in the disaster 

areas that are utilizing one or more of 

the waived regulations in this notice or 

other regulations for which a waiver 

was requested or granted. The quarterly 

notice will also identify PIH program 

administrators that are located in nonfederally declared disaster areas and are 

contributing to Hurricane Rita relief and 

recovery efforts that requested and were 

granted waivers in accordance with the 

waiver process provided in this notice. 

The regulatory and administrative 

requirements set forth in Section III of 

this notice have been waived or 

temporarily deferred or suspended as 

provided in this notice. This action was 

determined necessary to assist PIH 

program administrators in the disaster 

areas in facilitating the identification 

and delivery of housing for families and 

individuals displaced from their homes 

by Hurricane Rita. PIH program 

66224 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Notices 

administrators referenced in Section III 

of this notice (e.g., PHAs, TDHEs), even 

if, at times, not specifically described as 

PIH program administrators located in a 

disaster area, refer only to 

administrators located in disaster areas. 

A. Statutory Requirements With Built-In 

Waiver Authority 

This section of the notice provides for 

one additional waiver, in subsection 

III.A.2, with respect to troubled PHAs 

that was not listed in the notice 

published on October 3, 2005. This 

waiver is available to the PHAs located 

in Katrina disaster areas as provided in 

the October 3, 2005, notice. 

1. Extension of Deadline for 

Obligation and Expenditure of Capital 

Funds. Section 9(j)(2) of the U.S. 

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

1437g(j)(2)) (1937 Act) authorizes the 

Secretary to extend the time period for 

obligation of capital funds by PHAs, as 

set forth in section 9(j)(1), for such 

period as the Secretary determines 

necessary if the Secretary determines 

that the failure of the agency to obligate 

assistance in a timely manner is 

attributable to, among other criteria 

listed, an event beyond the control of 

the PHA, or any other reason 

established by the Secretary by notice 

published in the Federal Register. 

Pursuant to section 9(j)(1) of the 1937 

Act, PHAs are required to obligate 

capital funds not later than 24 months 

after the date on which the funds 

became available, or the date on which 

the PHA accumulates adequate funds to 

undertake modernization, substantial 

rehabilitation, or new construction of 

units, plus the period of any extension 

approved under section 9(j)(2). The 

occurrence of Hurricane Rita was 

beyond the control of the PHAs located 

in the disaster areas and caused such 

massive and widespread destruction 

and displacement that the obligation 

deadline under section 9(j)(1) of the 

1937 Act is hereby extended pursuant to 

section 9(j)(2) of the 1937 Act for an 

additional 12 months for PHAs located 

in the areas declared a federal disaster 

area. 

In addition, section 9(j)(5)(A) of the 

1937 Act requires a PHA to expend 

capital funds not later than four years 

after the date on which the funds 

become available for obligation, plus the 

period of any extension approved under 

section 9(j)(2). The expenditure period 

under section 9(j)(5) is accordingly also 

extended in the affected areas for 12 

months to include the extension 

approved under section 9(j)(2). The 

extension of the section 9(j) obligation 

and extension deadlines made in this 

notice also apply to the implementing 

regulation for section 9(j) at 24 CFR 

905.120. 

2. Extension of Deadlines for 

Improvement of PHAs Designated 

Troubled or Substandard (Extension 

Available for PHAs in Hurricane Rita as 

well as Hurricane Katrina disaster 

areas). Sections 6(j)(3)(B)(ii)(I) and (II) of 

the 1937 Act (42 U.S.C. 

1437d(j)(3)(B)(ii)(I) and (II)) and the 

implementing regulations for these 

sections at 24 CFR 902.75(d)(1) and (2) 

require that a PHA designated as 

troubled improve its performance by 50 

percent within one year of such 

designation, and improve its 

performance to no longer be designated 

as troubled within two years of such 

designation. The implementing 

regulations also apply these one- and 

two-year deadlines for improvement to 

PHAs designated as overall troubled and 

substandard. The consequences for 

failure to timely achieve the required 

improvements could require the 

appointment of a receiver for the PHA 

pursuant to section 6(j)(3)(B)(ii)(III) of 

the 1937 Act and 24 CFR 902.77 of the 

implementing regulations. The apparent 

meaning of the provision is that 

Congress intended that a troubled PHA 

would have one or two uninterrupted 

years of continuous operation during 

which to improve its performance so 

that it is no longer designated as 

troubled, before the actions by the 

Secretary required under section 

(6)(j)(3)(B)(ii)(III) would be triggered. 

HUD has determined that because the 

extraordinary conditions created by 

Hurricanes Katrina and Rita cited 

throughout this notice and the notice 

published on October 3, 2005, were 

caused by acts outside the control of any 

PHA, and outside the control of any 

government or private entity, and 

because such conditions interrupted the 

one-or two-year period of contemplated 

continuous operation of the troubled 

agency in the disaster areas, the 

Secretary will extend by 12 months each 

of the respective periods for 

improvement under sections 

6(j)(3)(B)(ii)(I) and (II) of the 1937 Act 

and the implementing regulations for 

these sections at 24 CFR 902.75(d)(1) 

and (2) for troubled or substandard 

PHAs in the disaster area that were 

substantially impacted by the effects of 

Hurricanes Katrina and Rita. This action 

will permit the administrators of 

affected PHAs designated as troubled or 

substandard to devote their attention to 

the fullest extent necessary to address 

the problems created by the disaster. 

3. Waiver of ICDBG 50 Percent 

Downpayment Assistance Limitation for 

Low- and Moderate-Income 

Homebuyers. Section 122 of the Housing 

and Community Development Act of 

1974 (42 U.S.C. 5321) authorizes the 

Secretary to suspend requirements for 

activities to address the damage in a 

Presidentially declared disaster area. 

Section 105(a)(24)(D) (42 U.S.C. 5305) 

permits a grantee to provide 

downpayment assistance to low- and 

moderate-income homebuyers, but 

limits the assistance to 50 percent of the 

amount of downpayment the 

homebuyer must provide. Because of 

the extraordinary need for housing 

among low- and moderate-income 

evacuees, HUD finds good cause to 

permit downpayment assistance of up to 

100 percent for the purchase of homes 

in the disaster area. 

B. Regulatory Requirements 

1. 24 CFR 5.216(g)(5) (Disclosure and 

Verification of Social Security and 

Employer Identification Numbers). 

Section 5.216 addresses the disclosure 

and verification of Social Security 

Numbers and employer identification 

numbers of applicants for assistance 

under certain HUD assisted housing 

programs. Section 5.216(g) imposes 

special documentation requirements on 

applicants, and subsection (g)(5) 

establishes the time limit for submission 

of this documentation. The time period 

required for submission of verification 

documents is waived for a period of 

three months in the case of all families 

and for a period not to exceed 12 

months with approval. 

2. 24 CFR 5.512(c) (Verification of 

Eligible Immigration Status; Secondary 

Verification). Section 5.512 provides the 

process by which verification of eligible 

immigration status must be undertaken 

for families seeking assistance under 

certain HUD programs. While the 

declaration of eligibility and this 

verification process is required by 

statute and cannot be waived, HUD does 

have the authority to waive certain 

deadlines. Section 5.512(d) provides the 

time frame under which a secondary 

verification must be requested of 

Immigration and Customs Enforcement 

(ICE) by the responsible entity when the 

primary verification (the automated 

verification system) is not conclusive of 

immigration status. The responsible 

entity must request ICE to undertake a 

secondary verification within 10 days of 

receipt of the results of the primary 

verification, and must provide ICE with 

all records on the applicant evidencing 

citizen or eligible immigration status 

that the applicant has provided to the 

responsible entity. This notice provides 

that the time frame under which a 

secondary verification must be 

requested is expanded from 10 days of 

Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Notices 66225 

the date of the results of the primary 

verification to 90 days from such date. 

3. 24 CFR 5.801(c) and 5.801(d)(1) 

(Uniform Financial Reporting Standards 

(UFRS); Reporting Due Date). These 

sections establish uniform financial 

reporting standards for PHAs and other 

owners and administrators of HUDassisted housing. Section 5.801(c) 

establishes the financial information 

requirements and § 5.801(d)(1) 

establishes the filing deadline for 

financial information and provides that 

PHAs must submit their unaudited 

financial information no later than 60 

days after the end of their fiscal year. 

This deadline is changed from 60 days 

to 180 days after the end of the PHA’s 

fiscal year. In addition, § 5.801(d)(1) 

requires that PHAs submit their audited 

financial information no later than nine 

months after the PHA’s fiscal year end. 

For PHAs with fiscal years ending 

December 31, 2004, and March 31, 2005, 

this deadline is changed from nine 

months to 13 months after the end of the 

PHA’s fiscal year. Although PHAs are 

still required to submit unaudited and 

audited financial information pursuant 

to UFRS, they will not be scored under 

the Public Housing Assessment System 

(PHAS), as more fully discussed in 

Section III.B.4. below. 

4. 24 CFR part 902 (Public Housing 

Assessment System (PHAS)). Part 902 

sets out the indicators by which HUD 

measures the performance of a PHA. 

These indicators measure a PHA’s 

physical condition, financial condition, 

management operations, and resident 

service and satisfaction. For PHAs in the 

areas declared a federal disaster area 

beginning with fiscal year end 

September 30, 2005, and for those with 

fiscal years ending March 31, 2005, and 

June 30, 2005, that have not yet received 

their physical condition inspections for 

2005, the PHAS score will be the same 

as their previous year score. However, 

PHAs are still required to submit 

unaudited and audited information in 

accordance with Section III.B.3. 

5. 24 CFR 903.5 (Annual Plan 

Submission Deadline). Section 5A(h)(2) 

of the 1937 Act (42 U.S.C. 1437c–

1(h)(2)) and 24 CFR 903.5 provide that 

a PHA Annual Plan must be submitted 

no later than 75 days before the 

commencement of a PHA’s fiscal year. 

Each PHA affected may have a different 

fiscal year and for those PHAs that are 

approaching this submission deadline, 

this requirement may be impossible to 

meet because the PHAs are not 

operating. Since this requirement is a 

statutory one and not waivable by HUD 

without further authority, HUD is 

seeking legislative relief. However, HUD 

will accept as a submission a letter from 

the PHA stating that HUD should 

consider its existing annual plan to be 

the plan for the next year or until it 

submits another annual plan. For 

Capital Fund activities, PHAs may 

obligate their Capital Funds for any 

activity listed in their existing and 

approved 5-year plan. PHAs should also 

submit amendments to their 5-year plan 

to the extent necessary. 

6. 24 CFR 905.10(i) (Capital Fund 

Formula; Limitation of Replacement 

Housing Funds to New Development). 

Section 905.10 describes the Capital 

Fund formula. Section 905.10(i) limits 

the use of replacement housing funds to 

the development of new public housing. 

This section is waived to allow 

replacement housing funds to be used 

for two other areas, public housing 

modernization and homeownership for 

public housing families, which will 

help address housing needs as a result 

of the displacement caused by 

Hurricane Rita. 

7. 24 CFR 941.306 (Maximum Project 

Cost). Section 941.306 establishes the 

calculation of maximum project cost 

and the calculation of the total 

development cost. In order to facilitate 

the use of capital funds for repairs and 

construction for needed housing in the 

disaster areas, HUD has waived the total 

development cost (TDC) and housing 

cost cap limits for all work funded by 

the Capital Fund and HOPE VI funds 

until issuance of new TDC levels. Until 

new TDC levels are issued, PHAs 

should strive to keep housing costs 

reasonable given local market 

conditions. 

8. 24 CFR 965.302 (Requirements for 

Energy Audits). This section establishes 

the requirement that all PHAs complete 

an energy audit for each PHA-owned 

project under management, not less than 

once every five years. PHAs that are 

required to conduct or update an audit 

this year are given an additional 12 

months after September 30, 2005, to 

complete the audit. HUD is relieving 

PHAs of this administrative burden so 

that they may focus on the more urgent 

need to house impacted families. 

9. 24 CFR 982.54 (Administrative 

Plan). This section provides that a PHA 

must adopt a written administrative 

plan that establishes local policies for 

the administration of the Housing 

Choice Voucher Program in accordance 

with HUD requirements. In order to 

allow PHAs to exercise maximum 

flexibility with program administration 

as a result of Hurricane Rita, the PHA 

may temporarily revise the 

administrative plan to address unique 

circumstances without PHA Board of 

Commissioners approval or other 

authorized PHA official approval if such 

Board or officials also waive this 

requirement. 

10. 24 CFR 982.206 (Waiting List; 

Opening and Public Notice). This 

section requires a PHA to give the 

public notice that families may apply 

for tenant-based assistance. The 

regulation requires a PHA to publish a 

notice of the opening of the list in a 

local newspaper of general circulation, 

and also by minority media and other 

suitable means. The requirement to 

publish in a newspaper of general 

circulation and also by minority media 

is waived, and a PHA may provide such 

information on its Web site and at any 

of its offices and in a voice mail message 

for any callers that may inquire whether 

a list is opened. 

11. 24 CFR 982.401(d) (Housing 

Quality Standards: Space 

Requirements). By regulation, § 982.401 

establishes housing quality standards. 

Section 982.401(d) provides, among 

other things, the requirement for 

adequate space for the family. With 

respect to space, this section provides 

that each dwelling unit must have at 

least one bedroom or living/sleeping 

room for each two persons. The spacing 

requirements of this section can be 

waived only if the family understands 

and consents to a waiver of this 

provision. Again, as noted from the 

outset, the waiver of these regulations 

does not represent a long-term change 

but rather a temporary suspension of 

requirements to address emergency 

needs. 

12. 24 CFR 982.503(b) (Waiver of 

payment standard limit; Establishing 

Payment Standard Amounts). [Waiver of 

this Provision Available through Waiver 

Request.] Section 982.503(b) imposes a 

cap on the amount a PHA may establish 

as its payment standard amount at 110 

percent of the published fair market rent 

(FMR). In order to expand the housing 

available to families displaced by 

Hurricane Rita, PHAs in disaster areas 

may establish separate payment 

standard amounts up to 120 percent of 

the published FMR. Higher exception 

rents above 120 percent may be 

requested through the described 

expedited waiver process, but must be 

justified by rental housing data. In all 

cases, the actual gross rent for the unit 

leased by the family may not exceed 

what is charged for comparable 

unassisted units in the area. 

Note that areas whose rental housing 

markets have been significantly affected by 

families displaced by Hurricane Rita may 

request a waiver through the expedited 

waiver review process, set forth in Section II 

of this notice, for approval of payment 

standards in excess of 110 percent of the 

published FMRs. However, the PHA must 

66226 Federal Register / Vol. 70, No. 210 / Tuesday, November 1, 2005 / Notices 

provide information indicating that (1) they 

have a significant number of displaced 

families and (2) area rents have increased. 

13. 24 CFR 984.303 (Contract of 

Participation; Family Self-Sufficiency 

(FSS) Program; Extension of Contract) 

and 24 CFR 984.105 (Minimum Program 

Size). Part 984 of HUD’s regulations 

provide the requirements for the Section 

8 and Public Housing FSS Program. 

Section 984.303 sets out the 

requirements for the contract of 

participation and § 984.303(d) allows for 

an extension of the FSS program for a 

period not to exceed two years. For 

those families at the end of their initial 

contract term, the two-year limitation is 

waived and PHAs may provide an 

extension for a period not to exceed 

three years. This additional time period 

would account for any time lost on the 

FSS contract as a result of the 

displacement of families participating in 

the FSS program. Section 984.105 sets 

out the requirements for minimum FSS 

program size. This notice exempts PHAs 

from the minimum program size 

(§§ 984.105(a) and (b)) for a period of 

two years. 

14. 24 CFR part 985 (Section 8 

Management Assessment Program 

(SEMAP)). Part 985 sets out the 

requirements by which section 8 tenantbased assistance programs are assessed. 

Similar to the action that HUD has taken 

with respect to the PHAS regulations in 

24 CFR part 902, PHAs administering a 

section 8 tenant-based assistance 

program are eligible to defer compliance 

with the SEMAP requirements for a 

period of 12 months. 

15. 24 CFR 990.145 (Dwelling Units 

with Approved Vacancies). Section 

990.145 of the revised Operating Fund 

Program regulation (79 FR 54984, 

September 19, 2005) lists the categories 

of vacant units that are eligible to 

receive operating subsidy and, therefore, 

are considered approved vacancies. 

PHAs that had vacant units during the 

reporting period that were not 

‘‘approved’’ vacancies pursuant to 

§ 990.145, but were available for 

occupancy, may treat those units as 

approved vacancies if: (1) The PHA 

anticipates the units will be occupied by 

families and individuals affected by the 

disaster during the upcoming funding 

year, or (2) the PHA is holding the units 

vacant for families and individuals 

affected by the disaster. 

16. 24 CFR 1000.156 and 1000.158 

Indian Housing Block Grant (IHBG) 

Moderate Design Requirements for 

Housing Development). The IHBG 

program regulations at §§ 1000.156 and 

1000.158 require that housing 

developed with IHBG funds must be of 

moderate design. Under these regulatory 

sections, IHBG recipients must either 

adopt written moderate design 

standards or comply with the TDC 

limits issued by HUD. In recognition of 

the higher development costs in 

communities affected by Hurricane Rita, 

and to facilitate the development of 

housing for families in these 

communities, these moderate design 

requirements are waived for IHBG 

recipients until issuance of new TDC 

levels. Until new TDC levels are issued, 

IHBG recipients should strive to keep 

housing costs reasonable given local 

market conditions. 

17. 24 CFR 1000.214 (Indian Housing 

Plan (IHP) Submission Deadline). To 

receive an IHBG formula allocation, an 

Indian tribe or its TDHE must annually 

submit an IHP to HUD describing the 

affordable housing activities the Indian 

tribe or TDHE will undertake. Section 

1000.214 requires that the IHP must be 

submitted to HUD no later than July 1 

of each year. This section is waived to 

permit tribes and TDHEs to undertake 

affordable housing activities on behalf 

of families displaced by Hurricane Rita, 

although these activities may not have 

been identified in the IHP originally 

submitted by the tribe or TDHE. 

18. 24 CFR 1003.400(c) and Section 

I.C. of FY 2005 Indian Community 

Development Block Grants (ICDBG) 

Program Notice of Funding Availability 

(NOFA) (Grant Ceilings for ICDBG 

Imminent Threat Applications). The 

ICDBG regulations at § 1003.400(c) 

provide that HUD will establish grant 

ceilings for imminent threat 

applications. On March 21, 2005 (70 FR 

13655), HUD published its FY 2005 

ICDBG NOFA as part of HUD’s FY2005 

SuperNOFA. Section I.C. of the FY2005 

ICDBG NOFA specifies that the grant 

ceiling for ICDBG imminent threat 

requests for FY2005 is $425,000. This 

grant ceiling is waived to permit 

applicants to request imminent threat 

funding in excess of $425,000 if 

necessary to address disaster-related 

needs in their communities. 

19. 24 CFR 1003.401 and Section I.C. 

of FY 2005 ICDBG NOFA (Application 

Requirements for ICDBG Imminent 

Threat Funds). The ICDBG regulations 

at section 1003.401 provide that, in 

response to applications for assistance, 

HUD may make ICDBG funds available 

to applicants to address imminent 

threats to health and safety. The 

regulation further provides that 

applications must contain the 

information specified in the annual 

ICDBG NOFA. The required information 

that must be contained for imminent 

threat applications for FY 2005 is 

located in Section I.C. of the FY 2005 

ICDBG NOFA. These application 

requirements are waived to permit 

Indian tribes located in areas affected by 

Hurricane Rita to more expeditiously 

request and receive ICDBG imminent 

threat funds. Applicants located in these 

areas are still required to submit a 

request for imminent threat assistance to 

HUD in accordance with section 

1003.401 and the FY 2005 ICDBG 

NOFA, but it is no longer necessary for 

the request to contain the information 

listed in Section I.C. of the NOFA. 

20. 24 CFR 1003.604 (ICDBG Citizen 

Participation Requirements). The ICDBG 

regulations at § 1003.604 require 

applicants to consult with residents 

prior to submitting their funding 

applications. The consultation 

requirements have the potential to delay 

the ability of ICDBG recipients to 

address urgent housing, health, and 

safety needs of persons displaced by 

Hurricane Rita. Accordingly, this 

section is waived to permit eligible 

ICDBG applicants to address disasterrelated needs without the need for prior 

resident consultation. 

Dated: October 25, 2005. 

Roy A. Bernardi, 

Deputy Secretary. 

[FR Doc. 05–21682 Filed 10–31–05; 8:45 am] 

BILLING CODE 4210–33–P