11626 Federal Register / Vol. 60, No. 41 / Thursday, March 2, 1995 / Rules and Regulations

SUPPLEMENTARY INFORMATION:

History

Federal Register Document 94–31309,

Airspace Docket No. 94–ASO–24,

published on December 21, 1994 (59 FR

65705), corrected the geographic

position coordinates of the Sabre Army

Heliport and the designations of the

Class D and Class E airspace areas at

Fort Campbell, KY. An error was

discovered in the geographic position

coordinates of the Sabre Army Heliport.

This action corrects that error.

Correction to Final Rule

Accordingly, pursuant to the

authority delegated to me, the

geographic position coordinates for the

Class D and Class E airspace areas at

Fort Campbell, KY, as published in the

Federal Register on December 21, 1994

(59 FR 65705), (Federal Register

Document 94–31309; page 65706,

column 3), are corrected as follows:

§ 71.71 [Corrected]

* * * * *

ASO KY D Fort Campbell, KY [Corrected]

By removing ‘‘(Lat. 36°34′24′′ N, long.

87°28′50′′ W)’’ and substituting ‘‘(Lat.

36°34′14′′ N, long. 87°28′50′′ W)’’.

* * * * *

ASO KY E5 Fort Campbell, KY [Corrected]

By removing ‘‘(Lat. 36°34′24′′ N, long.

87°28′50′′ W)’’ and substituting ‘‘(Lat.

36°34′14′′ N, long. 87°28′50′′ W)’’.

* * * * *

Issued in College Park, Georgia, on

February 10, 1995.

Walter E. Denley,

Acting Manager, Air Traffic Division,

Southern Region.

[FR Doc. 95–4775 Filed 3–1–95; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of the Assistant Secretary for

Public and Indian Housing

24 CFR Parts 813, 905, 908, and 913

[Docket No. R–95–1747; FR–3730–F–03]

RIN 2577–AB47

Electronic Transmission of Required

Family Data for Public Housing, Indian

Housing, and the Section 8 Rental

Certificate, Rental Voucher, and

Moderate Rehabilitation Programs

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Final rule.

SUMMARY: This rule requires all housing

agencies (HAs) to submit certain data

electronically to HUD in a HUD

prescribed format. For HAs that are not

already automated or who determine

that automation is not cost-effective,

transmission of the data through the use

of a service bureau is permitted.

Electronic transmission is necessary

because the manual submission of HUD

forms has become a burden to HAs and

HUD.

This rule applies to projects

administered under the public housing,

Indian housing, and Section 8 Rental

Certificate, Rental Voucher, and

Moderate Rehabilitation programs. A

similar rule was issued with respect to

multifamily subsidized projects

administered under programs subject to

the oversight of the Assistant Secretary

for Housing-Federal Housing

Commissioner (58 FR 61017), which

was codified at 24 CFR part 208.

EFFECTIVE DATE: April 3, 1995.

FOR FURTHER INFORMATION CONTACT: For

Technical Information—Katherine M.

Dillon, Director, Information Services

Division, Office of Public and Indian

Housing, Room 4248, telephone (202)

708–5285. For Public Housing program

information—Edward C. Whipple,

Director, Occupancy Division, Office of

Public and Indian Housing, Room 4206,

telephone (202) 708–0744. For Native

American program information—Ed

Fagan, Office of Native American

Programs, Room B–133, telephone (202)

755–0088. These people may be reached

at the Department of Housing and Urban

Development, 451 Seventh Street, S.W.,

Washington, D.C. 20410. Hearing or

speech-impaired individuals may call

HUD’s TDD number (202) 708–4594.

(These telephone numbers are not tollfree.)

SUPPLEMENTARY INFORMATION:

I. Paperwork Burden

The information collection

requirements contained in this rule have

been reviewed by the Office of

Management and Budget (OMB) under

the Paperwork Reduction Act of 1980

(44 U.S.C. 3501–3520) and assigned

approval number 2577–0083, which

expires on August 31, 1997.

II. Background

On Thursday, October 6, 1994, the

Department published a proposed rule

that would require all housing agencies

(HAs) to submit certain data

electronically to HUD in a HUD

prescribed format.

Housing agencies have been

submitting data forms to HUD for each

family assisted under the public

housing, Indian housing, and Section 8

Rental Certificate, Rental Voucher and

Moderate Rehabilitation Programs.

Approximately 85 percent of reporting

agencies (3,655 HAs) have been

submitting paper forms. This extensive

processing of paper forms has become a

burden to the HAs as well as to HUD.

To reduce the cost to the Department

of processing this information and to

improve its accuracy, HUD issued the

proposed rule to require that this

information be submitted electronically.

The change is expected to contribute

significant savings to the Department, in

a time when budget constraints demand

such savings. The time spent by HAs in

initiating electronic collection and

transmission and making corrections to

the electronic data submissions will be

offset by future savings in the

reexamination and reporting process, as

well as increased accuracy and speed

associated with the admission,

reexamination and reporting processes,

and the reduced number of HUD

adjustments and paperwork required by

these adjustments.

The proposed rule requires HAs to

submit data electronically via telephone

modem, rather than through tape,

diskette, or paper. However, the rule

also provides that the Department may

approve transmission of the data by tape

or diskette where the Department

determines that the cost of telephonic

transmission would be excessive. For

HAs that are not already automated or

who determine that automation is not

cost effective, the rule would permit

transmission of the data through the use

of a service bureau.

In recognition of the difficulty some

HAs may have in conversion to

electronic submission of data, the

proposed rule permits HUD Field

Offices to grant extensions of time

beyond the stated implementation date

for commencement of electronic

submission under certain

circumstances.

This final rule adopts the proposed

rule, as published, in its entirety, with

the addition of a reference to Indian

housing programs in § 908.108(a).

III. Response to Public Comments

The Department received 16

comments on the proposed rule. The

commentors consisted of HAs and two

professional housing associations. Most

respondents expressed general support

for HUD’s implementation of the rule.

The following are major concerns

expressed by the commentors:

The most frequent category of concern

was raised by small HAs (100 units or

less in management), requesting that

they be excluded from the requirement
Federal Register / Vol. 60, No. 41 / Thursday, March 2, 1995 / Rules and Regulations 11627

to submit family data electronically.

They stated that their size and limited

staff and financial resources made

compliance burdensome, and they

suggested two solutions. The first was to

discontinue the submission of data

completely; the second was to continue

submission of paper reports as is

currently the practice.

While the Department is aware of the

unique constraints faced by small HAs

in reporting family data, they should be

aware that they constitute a sizeable

portion of the HA universe and have

valuable resident family information

that should be shared. HUD’s position

in this matter is that small HAs unable

to automate their reporting systems

should seek out, and contract with,

organizations that provide data

processing services (Service Bureaus).

Service costs should be manageable,

since small HAs are only required to

report on a quarterly basis. A service

bureau need not be physically located in

the city where the housing agency is

located, since paper records may be

mailed to a service bureau, which may

then transmit the records electronically

to HUD.

Several HAs suggested that if HUD

provides the software for automating

family data reporting, the requirement

would be reasonable. Along these lines,

other HAs and a housing organization

indicated a willingness to send data

electronically only if HUD provides

equipment and software or pays for

contracting with service bureaus.

The Department is aware that there

are vendors available that can assist

HAs in automating the collection and

reporting of family data. These vendors

also can help HAs to achieve this

automation in the context of HA

automation of other functions. The

Department strongly encourages HAs to

investigate these options. HUD also is

considering development of a software

package that is directed primarily for

the smaller HAs. This package would

automate only the collection and

reporting of family data, not the other

HA functions. This software package

would be provided free of charge. The

Department will notify HAs by letter if

this software package becomes

available.

The cost of automation hardware is an

eligible operating expense and can be

included in the operating budget.

Automating this management function

also is an allowable expense under the

Comprehensive Improvement

Assistance Program and the

Comprehensive Grant Program.

Another organization suggested that

the Section 8 Program Administrative

Fee be increased to cover the cost of

automation. In the Section 8 Program,

automation may be paid from ongoing

Administrative Fees or the Operating

Reserve. The Department, however, has

no plans to increase Administrative

Fees for the sole purpose of automation.

Several HAs recommended that HUD

provide training and technical

assistance in the formatting and

transmission of family data to the

Department’s central processing facility.

Plans are underway to develop a video

tape and expanded training materials

specifically for this purpose.

One organization recommended that

this automation effort be more closely

coordinated with the HUD automated

database program TRACS—the data

collection system used for programs

administered by the Assistant Secretary

for Housing—Federal Housing

Commissioner. Unfortunately, the

electronic data formats for the Forms

HUD–50058 and HUD–50058–FSS,

which are used for the programs that are

covered by this rule, and for the Form

HUD–50059, which are the subject of

TRACS, are unique and will not

accommodate a one-for-one

correspondence. While similar

automation hardware may be used to

process a variety of management

information reports, software

specifically designed for the above

forms is required.

A number of HAs recommended that

the time periods required for the

implementation of the rule be extended

in the following manner:

Automated agencies (converting to

telephonic electronic transmission) from

120 days after publication of the final

rule to 12 months.

Non-automated agencies (planning to

automate) from 365 days after

publication of the final rule to 24

months.

While HUD understands the obstacles

and concerns facing agencies in this

automation effort, the intent of the rule

is to decrease the reporting burden for

HAs while at the same time, reduce

costs to the Department in a time when

budget constraints demand such

savings. HUD is of the opinion that the

time frames originally set in the rule are

realistic. Special situations may be

directed to the HUD Field Office for

consideration.

One HA located in a remote area of

Alaska requested approval of

transmission via tape or diskette, since

telephonic service was undependable.

In these instances HAs may utilize a

Service Bureau or, upon prior approval

from HUD, transmit via tape or diskette.

IV. Other Matters

A. Environmental Impact

In accordance with 40 CFR 1508.4 of

the regulations of the Council on

Environmental Quality and 24 CFR

50.20(o) of the HUD regulations, the

policies and procedures contained in

this rule relate only to HUD

administrative procedures and,

therefore, are categorically excluded

from the requirements of the National

Environmental Policy Act.

B. Federalism Impact

The General Counsel, as the

Designated Official under section 6(a) of

Executive order 12612, Federalism, has

determined that the policies contained

in this rule will not have substantial

direct effects on states or their political

subdivisions, or the relationship

between the Federal government and

the states, or on the distribution of

power and responsibilities among the

various levels of government.

Specifically, this rule is directed to

housing agencies that operate HUDassisted housing, whose functions and

authority remain unchanged. It merely

changes the format of data submitted to

HUD to make its transmission more

accurate and efficient. It will not

impinge upon the relationship between

the Federal Government and State and

local governments. As a result, the rule

is not subject to review under the order.

C. Impact on the Family

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that this rule does not have

potential for significant impact on

family formation, maintenance, and

general well-being, and, thus, is not

subject to review under the order. No

significant change in existing HUD

policies or programs will result from

promulgation of this rule, as those

policies and programs relate to family

concerns.

D. Regulatory Flexibility Act

The Secretary, in accordance with the

Regulatory Flexibility Act (5 U.S.C.

605(b)) has reviewed and approved this

rule, and in so doing certifies that this

rule will not have a significant

economic impact on a substantial

number of small entities. Because this

rule changes the way in which the data

is transmitted to HUD, and all costs

associated with implementation of the

electronic transmission will be

considered allowable project operating

costs, the rule is not expected to have

a significant economic impact.
11628 Federal Register / Vol. 60, No. 41 / Thursday, March 2, 1995 / Rules and Regulations

E. Regulatory Agenda

This rule was not listed in the

Department’s Semiannual Agenda of

Regulations published on November 14,

1994 (59 FR 57632) under Executive

Order 12866 and the Regulatory

Flexibility Act.

F. Catalog

The Catalog of Federal Domestic

Assistance numbers for the programs

covered by this rule are 14.850, 14.855,

14.856, and 14.857.

List of Subjects

24 CFR Part 813

Grant programs—housing and

community development, Rent

subsidies, Reporting and recordkeeping

requirements, Utilities.

24 CFR Part 905

Aged, Energy conservation, Grant

programs—housing and community

development, Grant programs—Indians,

Indians, Homeownership, Individuals

with disabilities, Lead poisoning, Loan

programs—housing and community

development, Loan programs—Indians,

Low and moderate income housing,

Public housing, Reporting and

recordkeeping requirements.

24 CFR Part 908

Computer technology—automatic data

processing, data processing, electronic

data processing, Subsidies—grant

programs, Rent subsidies.

24 CFR Part 913

Grant programs—housing and

community development, Public

housing, Reporting and recordkeeping

requirements.

Accordingly, title 24, chapters VIII

and IX, of the Code of Federal

Regulations are amended by amending

parts 813, 905, and 913, and by adding

a new part 908, consisting of §§ 908.101

through 908.112, as follows:

PART 813—DEFINITION OF INCOME,

INCOME LIMITS, RENT AND

REEXAMINATION OF FAMILY INCOME

FOR THE SECTION 8 HOUSING

ASSISTANCE PAYMENTS PROGRAMS

AND RELATED PROGRAMS

1. The authority citation for part 813

continues to read as follows:

Authority: 42 U.S.C. 1437a, 1437c, 1437f,

1437n, and 3535(d).

2. In § 813.109, a new paragraph (c) is

added, to read as follows:

§ 813.109 Initial determination, verification,

and reexamination of family income and

composition.

* * * * *

(c) See 24 CFR part 908 for

requirements for transmission of data to

HUD.

* * * * *

PART 905—INDIAN HOUSING

PROGRAMS

3. The authority citation for part 905

continues to read as follows:

Authority: 25 U.S.C. 450e(b), 42 U.S.C.

1437a, 1437aa, 1437bb, 1437cc, 1437ee, and

3535(d).

4. In § 905.315, paragraphs (a) (2) and

(3) are redesignated as paragraphs (b)

and (c), and a new paragraph (d) is

added, to read as follows:

§ 905.315 Initial determination, verification,

and reexamination of family income and

composition.

* * * * *

(d) See 24 CFR part 908 for

requirements for transmission of data to

HUD.

5. A new part 908, consisting of

§§ 908.101 through 908.112, is added to

read as follows:

PART 908—ELECTRONIC

TRANSMISSION OF REQUIRED

FAMILY DATA FOR PUBLIC HOUSING,

INDIAN HOUSING, AND THE SECTION

8 RENTAL CERTIFICATE, RENTAL

VOUCHER, AND MODERATE

REHABILITATION PROGRAMS

Sec.

908.101 Purpose.

908.104 Requirements.

908.108 Cost.

908.112 Extension of time.

Authority: 42 U.S.C. 1437f, 3535(d), 3543,

3544, and 3608a.

§ 908.101 Purpose.

The purpose of this part is to require

Housing Agencies (HAs) that operate

public housing, Indian housing, or

Section 8 Rental Certificate, Rental

Voucher and Moderate Rehabilitation

programs to electronically submit

certain data to HUD for those programs.

This electronically submitted data is

required for HUD Forms HUD–50058,

Family Report, and HUD–50058–FSS,

Family Self-Sufficiency Addendum.

§ 908.104 Requirements.

(a) Automated HAs. Housing agencies

that currently use automated software

packages to transmit Forms HUD–50058

and HUD–50058–FSS information by

tape or diskette to the Department’s data

processing contractor must convert to

telephonic electronic transmission of

that data in a HUD specified format by

June 30, 1995.

(b) Nonautomated HAs. Housing

agencies that currently prepare and

transmit the HUD–50058 and HUD–

50058–FSS information to HUD paper

must:

(1) Complete a vendor search and

obtain either:

(i) The necessary hardware and

software required to develop and

maintain an in-house automated data

processing system (ADP) used to

generate electronic submission of the

data for these forms via telephonic

network; or

(ii) A service contract for the

operation of an automated system to

generate electronic submission of the

data for these forms via telephonic

network;

(2) Complete their data loading; and

(3) Begin electronic transmission by

March 2, 1996.

(c) Electronic transmission of data.

Electronic transmission of data consists

of submission of all required data fields

(correctly formatted) from the forms

HUD–050058 and HUD–50058–FSS

telephonically, in accordance with HUD

instructions. Regardless of whether an

HA obtains the ADP system itself or

contracts with a service bureau to

provide the system, the software must

be periodically updated to incorporate

changes or revisions in legislation,

regulations, handbooks, notices, or HUD

electronic transmission data format

requirements.

(d) Service contract. HAs that

determine that the purchase of hardware

and/or software is not cost effective may

contract out the electronic data

transmission function to organizations

that provide such services, including,

but not limited to the following

organizations: local management

associations and management agents

with centralized facilities. HAs that

contract out the electronic transmission

function must retain the ability to

monitor the day-to-day operations of the

project at the HA site and be able to

demonstrate the ability to the relevant

HUD Field Office.

(e) Notwithstanding the provisions of

paragraphs (a) and (b) of this section,

the Department may approve

transmission of the data by tape or

diskette if it determines that the cost of

telephonic transmission would be

excessive.

[Approved by the Office of Management

and Budget under control number 2577–

0083]

§ 908.108 Cost.

(a) General. The costs of the electronic

transmission of the correctly formatted

data, including either the purchase and

maintenance of computer hardware or

software, or both, the cost of contracting

for those services, or the cost of
Federal Register / Vol. 60, No. 41 / Thursday, March 2, 1995 / Rules and Regulations 11629

centralizing the electronic transmission

function, shall be considered Section 8

Administrative expenses, or eligible

public and Indian housing operating

expenses that can be included in the

public and Indian housing operating

budget. At the HA’s option, the cost of

the computer software may include

service contracts to provide

maintenance or training, or both.

(b) Sources of funding. For public and

Indian housing, costs may be covered

from operating subsidy for which the

HA is already eligible, or the initial cost

may be covered by funds received by

the HA under HUD’s Comprehensive

Improvement Assistance Program

(CIAP) or Comprehensive Grant Program

(CGP). For Section 8 programs, the costs

may be covered from ongoing

administrative fees or the Section 8

operating reserve.

§ 908.112 Extension of time.

The HUD Field Office may grant an

HA an extension of time, of a reasonable

period, for implementation of the

requirements of § 908.104, if it

determines that such electronic

submission is infeasible because of one

of the following:

(a) Lack of staff resources;

(b) Insufficient financial resources to

purchase the required hardware,

software or contractual services; or

(c) Lack of adequate infrastructure,

including, but not limited to, the

inability to obtain telephone service to

transmit the required data.

PART 913—DEFINITION OF INCOME,

INCOME LIMITS, RENT AND

REEXAMINATION OF FAMILY INCOME

FOR THE PUBLIC HOUSING

PROGRAM

6. The authority citation for part 913

continues to read as follows:

Authority: 42 U.S.C. 1437a, 1437d, 1437n,

and 3535(d).

7. In § 913.109, a new paragraph (c) is

added, to read as follows:

§ 913.109 Initial determination, verification,

and reexamination of family income and

composition.

* * * * *

(c) See 24 CFR part 908 for

requirements for transmission of data to

HUD.

* * * * *

Dated: February 21, 1995.

Joseph Shuldiner,

Assistant Secretary for Public and Indian

Housing.

[FR Doc. 95–5047 Filed 3–1–95; 8:45 am]

BILLING CODE 4210–33–P

DEPARTMENT OF TRANSPORTATION

Coast Guard

33 CFR Part 100

[CGD11–94–010]

RIN 2115–AE46

Special Local Regulations; Citizen Cup

Defender Semi-Final and Final Series,

Louis Vuitton Cup Challenger SemiFinal and Final Series, and America’s

Cup Match Races; San Diego Bay and

Mission Bay, CA

AGENCY: Coast Guard, DOT.

ACTION: Final rule.

SUMMARY: The Coast Guard is

establishing temporary special local

regulations for that portion of the

International America’s Cup Class

(IACC) Citizen Cup Defender Semi-Final

and Final Series, Louis Vuitton Cup

Challenger Semi-Final and Final series,

and America’s Cup Match Races that are

being conducted in the waters of the

Pacific Ocean adjacent to San Diego Bay

and Mission Bay on the following dates:

March 18, 1995 through April 2, 1995;

April 9, 1995 through April 23, 1995;

and May 6, 1995 through May 27, 1995,

inclusive. These regulations are

necessary to provide for the safety of

life, property, and navigation on the

navigable waters of the United States

during the scheduled events.

EFFECTIVE DATE: This rule becomes

effective at 10 a.m. PST on March 18,

1995 and terminates at 7 p.m. PDT on

May 27, 1995 unless cancelled earlier by

the District Commander.

FOR FURTHER INFORMATION CONTACT:

Lieutenant Cam Lewis, America’s Cup

Patrol; telephone number (619) 557–

2920.

SUPPLEMENTARY INFORMATION:

Drafting Information

The principal persons involved in

drafting this document are Lieutenant

Cam Lewis, Project Officer for the Patrol

Commander, and Lieutenant

Commander Craig Juckniess, Project

Attorney, Eleventh Coast Guard District

Legal Office.

Regulatory History

On December 16, 1994, the Coast

Guard published a notice of proposed

rulemaking for these regulations in the

Federal Register (59 FR 64996). The

comment period ended on January 30,

1995. The Coast Guard received no

comments on the proposal. A public

hearing was not requested and no

hearing was held.

Background and Purpose

The event prompting a need for these

Special Local Regulations is the IACC

Citizen Cup and Louis Vuitton Cup

Semi-Finals and Finals, and the

America’s Cup Match Races which will

be conducted in the San Diego area on

several series of dates during the period

mid-March through May 1995. In

addition, races in the Citizen Cup

Defender Selection Series and Louis

Vuitton Cup Challenger Selection Series

are being held on several series of dates

during the period January through midMarch 1995; Special Local Regulations

establishing measures promoting the

safety of these races are the subject of

separate rulemaking (59 FR 64850,

December 16, 1994).

These regulations are intended to

promote safe navigation on the waters of

San Diego Bay, Mission Bay, and the

IACC race venue during the IACC

Citizen Cup, Louis Vuitton Cup, and

America’s Cup Match Races by

controlling the traffic entering, exiting,

and traveling within these waters. The

anticipated concentration of spectator

and participant vessels associated with

these races poses a safety concern,

which is addressed in these special

local regulations.

Within the geographic area of

applicability of these proposed special

local regulations, speed limits and

operating requirements have been

established for orderly passage to and

from the IACC shore facilities and race

venue.

Speed limits and operating

requirements are also established for

other vessel traffic operating within the

regulated areas during times when most

IACC and spectator vessels are expected

to transit the harbors. During these same

times, vessels shall not operate

exclusively under sail within the

regulated areas.

On each specified race date, these

regulations will be in effect in San Diego

Bay and Mission Bay during two

periods: between the hours of 10 a.m.

and 12 noon, and again in the afternoon

for a two-hour period which will fall

between 2:30 p.m. and 7 p.m. Selection

of the afternoon regulatory period will

depend on the time of termination of

race activities for that date. Notice of

commencement and termination of the

afternoon regulatory period will be

made by Broadcast Notice to Mariners;

a 15-minute advance notice of

commencement of the afternoon

regulatory period will also be broadcast.

The nature of the winner selection

process and other circumstances may

dictate that races will not actually be

conducted on dates specified as race