Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Proposed Rules 5677 

Availability of NPRMs 

An electronic copy of this document 

may be downloaded through the 

Internet at http://www.regulations.gov. 

Recently published rulemaking 

documents can also be accessed through 

the FAA’s Web page at http://www.faa.

gov/airports_airtraffic/air_traffic/

publications/airspace_amendments/. 

You may review the public docket 

containing the proposal, any comments 

received and any final disposition in 

person in the Dockets Office (see 

ADDRESSES section for address and 

phone number) between 9:00 a.m. and 

5:00 p.m., Monday through Friday, 

except Federal holidays. An informal 

docket may also be examined during 

normal business hours at the Central 

Service Center, Operation Support 

Group, 10101 Hillwood Parkway, Fort 

Worth, TX 76177. 

Persons interested in being placed on 

a mailing list for future NPRMs should 

contact the FAA’s Office of Rulemaking 

(202) 267–9677, to request a copy of 

Advisory Circular No. 11–2A, Notice of 

Proposed Rulemaking Distribution 

System, which describes the application 

procedure. 

Availability and Summary of 

Documents Proposed for Incorporation 

by Reference 

This document would amend FAA 

Order 7400.9Z, Airspace Designations 

and Reporting Points, dated August 6, 

2015, and effective September 15, 2015. 

FAA Order 7400.9Z is publicly available 

as listed in the ADDRESSES section of this 

document. FAA Order 7400.9Z lists 

Class A, B, C, D, and E airspace areas, 

air traffic service routes, and reporting 

points. 

The Proposal 

The FAA is proposing an amendment 

to Title 14, Code of Federal Regulations 

(14 CFR) Part 71 by establishing Class E 

airspace extending upward from 700 

feet above the surface within an 7.5-mile 

radius of Moriarty Airport, Moriarty, 

NM, to accommodate new standard 

instrument approach procedures. 

Controlled airspace is needed for the 

safety and management of IFR 

operations at the airport. 

Class E airspace designations are 

published in Section 6005 of FAA Order 

7400.9Z, dated August 6, 2015, and 

effective September 15, 2015, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designation 

listed in this document will be 

published subsequently in the Order. 

Regulatory Notices and Analyses 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current, is non-controversial and 

unlikely to result in adverse or negative 

comments. It, therefore: (1) Is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866; (2) is not a 

‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, would not have a 

significant economic impact on a 

substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

Environmental Review 

This proposal will be subject to an 

environmental analysis in accordance 

with FAA Order 1050.1F, 

‘‘Environmental Impacts: Policies and 

Procedures’’ prior to any FAA final 

regulatory action. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air) 

The Proposed Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

proposes to amend 14 CFR part 71 as 

follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(f), 106(g), 40103, 

40113, 40120; E.O. 10854, 24 FR 9565, 3 CFR, 

1959–1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of FAA Order 7400.9Z, 

Airspace Designations and Reporting 

Points, dated August 6, 2015, and 

effective September 15, 2015, is 

amended as follows: 

Section 6005 Class E Airspace Areas 

Extending Upward From 700 Feet or More 

Above the Surface of the Earth. 

* * * * * 

ASW NM E5 Moriarty, NM [New] 

Moriarty Airport, NM 

(Lat. 34°58′41′′ N., long. 106°00′00′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 7.5-mile 

radius of Moriarty Airport. 

Issued in Fort Worth, TX, on January 20, 

2015. 

Christopher L. Southerland, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2016–01877 Filed 2–2–16; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 960 

[Docket No. FR–5904–A–01] 

Strengthening Oversight of OverIncome Tenancy in Public Housing; 

Advance Notice of Proposed 

Rulemaking 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Advanced notice of proposed 

rulemaking (ANPR). 

SUMMARY: Through this notice, HUD 

announces that it is considering 

rulemaking to ensure that individuals 

and families residing in HUD public 

housing in fact continue to need 

housing assistance from HUD after 

admission. HUD’s consideration of 

rulemaking is prompted by a report 

recently issued by HUD’s Office of 

Inspector General (OIG). The report 

found, through comparison of annual 

household income reported in HUD’s 

Public and Housing Information Center 

for approximately 1.1 million families to 

the applicable 2014 admission income 

limit, that as many as 25,226 families 

were subsequently over-income. Some 

of those families significantly exceeded 

the income limits. HUD seeks comment 

from PHAs and other interested parties 

and members of the public on the 

questions presented in this notice, 

including how HUD can structure 

policies to reduce the number of 

individuals and families in public 

housing whose incomes significantly 

exceed the income limit and have 

significantly exceeded the income limit 

for a sustained period of time after 

initial admission. 

DATES: Comments Due Date: March 4, 

2016. 

ADDRESSES: Interested persons are 

invited to submit comments to the 

Office of the General Counsel, 

Regulations Division, Department of 

Housing and Urban Development, 451 

7th Street SW., Room 10276, 

Washington, DC 20410–0500. 

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5678 Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Proposed Rules 

1 2015 Income Limit Documentation http://www.

huduser.gov/portal/datasets/il/il15/HUD_sec8_

15.pdf. 

Communications should refer to the 

above docket number and title and 

should contain the information 

specified in the ‘‘Request for 

Comments’’ section. There are two 

methods for submitting public 

comments. 

1. Submission of Comments by Mail. 

Comments may be submitted by mail to 

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 all federal agencies, 

however, submission of comments by 

mail often results in delayed delivery. 

To ensure timely receipt of comments, 

HUD recommends that comments 

submitted by mail be submitted at least 

two weeks in advance of the public 

comment deadline. 

2. Electronic Submission of 

Comments. Interested persons may 

submit comments electronically through 

the Federal eRulemaking Portal at 

http://www.regulations.gov. HUD 

strongly encourages commenters to 

submit comments electronically. 

Electronic submission of comments 

allows the commenter maximum time to 

prepare and submit a comment, ensures 

timely receipt by HUD, and enables 

HUD to make comments immediately 

available to the public. Comments 

submitted electronically through the 

http://www.regulations.gov Web site can 

be viewed by other commenters and 

interested members of the public. 

Commenters should follow instructions 

provided on that site to submit 

comments electronically. 

Note: To receive consideration as 

public comments, comments must be 

submitted using one of the two methods 

specified above. Again, all submissions 

must refer to the docket number and 

title of the notice. 

No Facsimile Comments. Facsimile 

(fax) comments are not acceptable. 

Public Inspection of Comments. All 

comments and communications 

submitted to HUD will be available, for 

public inspection and copying between 

8 a.m. and 5 p.m. weekdays at the above 

address. Due to security measures at the 

HUD Headquarters building, an advance 

appointment to review the public 

comments must be scheduled by calling 

the Regulations Division at (202) 708– 

3055 (this is not a toll-free number). 

Copies of all comments submitted are 

available for inspection and 

downloading at http://

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Todd Thomas, Office of Public and 

Indian Housing, Department of Housing 

and Urban Development, 451 7th Street 

SW., Room 4100, Washington DC 

20410–4000; telephone number (678) 

732–2056 (this is not a toll-free 

number). Persons with hearing or 

speech impairments may contact this 

number via TTY by calling the toll-free 

Federal Relay Service at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The United States Housing Act of 

1937 (42 U.S.C. 1437 et. seq.) (1937 

Act), which is the primary statute that 

governs public housing and its 

administration by HUD and PHAs, 

provides that public housing dwelling 

units shall be rented only to families 

who are low-income families at the time 

of their initial occupancy of such units. 

In accordance with the 1937 Act, and 

HUD regulations and policies, PHAs 

must undertake periodic reviews of 

family income. The 1937 Act does not 

require eviction or termination of 

tenancy of families whose income 

exceeds the income limits while 

residing in public housing. See 42 

U.S.C. 1437a. HUD’s regulations at 24 

CFR part 960, which govern public 

housing admissions, reflect this 

statutory framework. 

The parameters for income limits that 

determine initial eligibility for public 

housing are developed by HUD and 

outlined in 24 CFR part 5, subpart F. In 

general, HUD sets the low-income limit 

at 80 percent and very low-income limit 

at 50 percent of the median income for 

the county or metropolitan area in 

which the household resides. Income 

limits vary from area to area and may be 

adjusted based on local market 

conditions.1 Annual income is the 

anticipated total income from all 

sources received from the family head 

and spouse, and each additional 

member of the family 18 years of age or 

older. An individual’s or family’s rent is 

referred to as the Total Tenant Payment 

(TTP) and is based on a family’s 

anticipated annual income less 

deductions, if any, or the applicable flat 

rent. 

On July 21, 2015, HUD’s OIG issued 

an audit report that presented the 

results of OIG’s review of the number of 

families residing in HUD public housing 

whose income exceed the current 

income limits used in determining 

eligibility for such housing, several of 

whom significantly exceeded the 

income limits. The families identified 

by HUD OIG met the income limits at 

the time of admission to public housing 

but their income now exceeds such 

income limits. Currently, the regulations 

do not prohibit a family from continued 

occupancy when their income rises 

above the limit for initial admission. An 

increase in income is a good and 

welcomed event for families, and when 

a family’s income steadily rises, it may 

be an indication that the family is on its 

way to self-sufficiency. However, an 

increase in income may be minimal or 

temporary, and a minimal or temporary 

rise in income should not be the basis 

for termination of public housing 

assistance. This ANPR solicits comment 

on how to structure policies to reduce 

the number of individuals and families 

whose incomes significantly exceed the 

income limit and have significantly 

exceeded the income limit for a 

sustained period of time after initial 

admission. 

HUD takes seriously its obligation to 

provide clean, safe affordable housing to 

the neediest population. The Public 

Housing program is an essential 

resource for some of the nation’s most 

vulnerable families. HUD strongly 

supports the efforts of PHAs to further 

the goals of providing quality affordable 

housing to eligible families in a manner 

that moves families toward increased 

and sustained self-sufficiency. At the 

same time, scarce public resources must 

be provided to those most in need of 

affordable housing. Any changes that 

would require the termination of 

tenancy for over-income families should 

be enacted with caution so as not to 

impede a family’s progress towards selfsufficiency. 

In a final rule published on November 

26, 2004, at 69 FR 68786, HUD gave 

PHAs the authority to terminate the 

tenancy of or evict over-income 

residents. See 24 CFR 960.261. The final 

rule did not require PHAs to take action 

to evict over-income residents but 

provides PHAs with discretion to 

implement such policies and thereby 

make units available to applicants who 

are income eligible. The final rule noted 

that the 1937 Act did not require 

eviction and the purpose of rulemaking 

was to clarify that the absence of such 

a statutory requirement did not prohibit 

PHAs from terminating the tenancy of 

over-income families. The preamble to 

the rule stated that PHAs may decide 

that an over-income family is able to 

find other housing, and that the family’s 

public housing unit could be made 

available to a family with greater 

housing need. The rule included 

discussion of the many factors that 

could be considered in developing these 

policies, including local market 

conditions, community stability, the 

source and duration of increased 

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Federal Register / Vol. 81, No. 22 / Wednesday, February 3, 2016 / Proposed Rules 5679 

2This letter can be found at http://portal.hud.gov/ 

hudportal/HUD?src=/program_offices/public_

indian_housing/programs/ph. 

income, and whether the resident was 

elderly or disabled. 

HUD is considering revising HUD’s 

regulations at 24 CFR 960.261 

(Restriction on eviction of families 

based on income) in a manner that 

would continue to give PHAs discretion 

on when to evict or terminate the 

tenancies of over-income families but 

narrow that discretion by providing 

circumstances that would require a PHA 

to terminate tenancy or evict an overincome family. Specifically, HUD is 

considering whether a family whose 

income significantly exceeds the income 

limit and has exceeded such limit for a 

sustained period of time must be 

notified by the PHA that the family will 

be evicted or tenancy terminated. HUD 

is also considering what a reasonable 

period of time to find alternative 

housing would be. 

HUD is not considering whether to 

alter the existing statutorily based 

exceptions to eviction or termination of 

tenancy related to income limits. 

Specifically, a family over the income 

limits who has a valid contract for 

participation in a Family SelfSufficiency (FSS) program administered 

under HUD regulations in 24 CFR part 

984 would not be subject to eviction or 

termination of tenancy. Additionally, a 

PHA may not evict a family over the 

income limits if the family is currently 

receiving the earned income 

disallowance authorized by the 1937 

Act (See 42 U.S.C. 1473a(d)) and 

implemented through HUD regulations 

in 24 CFR 960.255 and 24 CFR 

960.261(b). 

II. Request for Comments 

In a letter provided to PHAs on 

September 3, 2015, HUD strongly 

recommended that PHAs adopt local 

over-income policies while considering 

many factors, including, but not limited 

to how over-income is defined, income 

stability, length of time to provide a 

safety net for fluctuating incomes, 

preference for return and hardship 

policies.2 In anticipation of a proposed 

rulemaking, HUD specifically solicits 

comment on the following issues: 

1. How should HUD define income 

that ‘‘significantly’’ exceeds the income 

limit for public housing residency? 

Should such higher amount be 

determined by dollar amount, by a 

percentage, or as a function of the 

current income limit, and what should 

the amount be? 

2. Should area cost of living and 

family finances be taken into 

consideration when determining 

whether an individual or family no 

longer needs public housing assistance? 

Are there limits to the circumstances in 

which said data should be requested 

and applied in a determination? 

3. What period of time in which an 

individual or family has had income 

that significantly exceeds the income 

limits should be determined as 

indicative that the individual or family 

no longer needs public housing 

assistance? 

4. How should local housing market 

conditions or housing authority wait list 

data be considered? 

5. What period of time should be 

allowed for an individual or family to 

find alternative housing? 

6. Are there exceptions to eviction or 

termination of tenancy that HUD should 

consider beyond those listed in HUD’s 

regulation in 24 CFR 960.261? 

7. Should HUD allow over-income 

individuals or families to remain in 

public housing, while paying 

unsubsidized or fair market, rent? How 

would such a provision impact PHA 

operations and finances? 

8. Should HUD require a local appeals 

process for individuals or families 

deemed over-income? 

9. Where over-income policies have 

been implemented, what were the 

results to public housing residents and 

PHAs? What were the specific positive 

and negative impacts? 

10. What financial impact would 

over-income policies have on PHA 

operations, and how can any negative 

impacts be mitigated? 

11. What are the potential costs and 

benefits to public housing residents and 

PHAs that could result from the forcible 

eviction of public housing tenants? 

12. What evidence currently exists in 

favor of or against the adoption of this 

type of policy? 

It is the responsibility of HUD and 

PHAs to ensure that public housing 

units are available to those who need 

HUD assistance. All comments directed 

to steps that HUD and PHAs can take to 

ensure availability of public housing 

units for individuals and families 

meeting the income limits are welcome. 

Dated: January 25, 2016. 

Lourdes Castro Ramı ́rez, 

Principal Deputy Assistant Secretary for 

Public and Indian Housing. 

[FR Doc. 2016–01921 Filed 2–2–16; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 117 

[Docket No. USCG–2015–1011] 

RIN 1625–AA09 

Drawbridge Operation Regulation; 

Broad Creek, Laurel, DE 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Coast Guard proposes to 

change the operating schedule that 

governs the Norfolk Southern Railroad 

Bridge over Broad Creek, mile 8.0, at 

Laurel, DE. This proposed rule will 

change the current regulation requiring 

a four-hour advance notice and allow 

the bridge to remain in the closed 

position for the passage of vessels. 

DATES: Comments and related material 

must reach the Coast Guard on or before 

March 21, 2016. 

ADDRESSES: You may submit comments 

identified by docket number USCG– 

2015–1011 using Federal eRulemaking 

Portal at http://www.regulations.gov. 

See the ‘‘Public Participation and 

Request for Comments’’ portion of the 

SUPPLEMENTARY INFORMATION section 

below for instructions on submitting 

comments. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this proposed 

rule, call or email Mrs. Jessica Shea, 

Fifth Coast Guard District (dpb), at (757) 

398–6422, email jessica.c.shea2@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

DHS Department of Homeland Security 

E.O. Executive order 

FR Federal Register 

NPRM Notice of proposed rulemaking 

Pub. L. Public Law 

§ Section 

U.S.C. United States Code 

II. Background, Purpose and Legal 

Basis 

The current operating schedule for the 

bridge is set out in 33 CFR 117.233 (a) 

issued September 11, 2006. As outlined 

in this regulation, the Norfolk Southern 

Railroad Bridge shall open on signal if 

at least four hours notice is given. The 

Fifth Coast Guard District Commander 

received a request from the bridge 

owner in July 2015 to consider making 

a permanent change to the operating 

regulation for the Norfolk Southern 

Railroad Bridge per 33 CFR 117.8(a). 

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