Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations 30793 

(o) Civil rights certification. (1) The 

PHA must certify that it will carry out 

its plan in conformity with title VI of 

the Civil Rights Act of 1964 (42 U.S.C. 

20000d–2000d–4), the Fair Housing Act 

(42 U.S.C. 3601–19), section 504 of the 

Rehabilitation Act of 1973 (29 U.S.C. 

794), and title II of the Americans with 

Disabilities Act of 1990 (42 U.S.C. 12101 

et seq.), and other applicable Federal 

civil rights laws. The PHA must also 

certify that it will affirmatively further 

fair housing pursuant to §§ 5.151 and 

5.152 of this title. 

(2) The certification is applicable to 

the 5-Year Plan and the Annual Plan. 

* * * * * 

■ 22. Amend § 903.15 by adding 

paragraph (c) to read as follows: 

§ 903.15 What is the relationship of the 

public housing agency plans to the 

Consolidated Plan and a PHA’s Fair 

Housing Requirements? 

* * * * * 

(c) Fair housing requirements. A PHA 

is obligated to affirmatively further fair 

housing in its operating policies, 

procedures, and capital activities. All 

admission and occupancy policies for 

public housing and Section 8 tenantbased housing programs must comply 

with Fair Housing Act requirements and 

other civil rights laws and regulations 

and with a PHA’s plans to affirmatively 

further fair housing. The PHA may not 

impose any specific income or racial 

quotas for any development or 

developments. 

(1) Nondiscrimination. A PHA must 

carry out its PHA Plan in conformity 

with the nondiscrimination 

requirements in Federal civil rights 

laws, including title VI of the Civil 

Rights Act of 1964, section 504 of the 

Rehabilitation Act of 1973, the 

Americans with Disabilities Act, and the 

Fair Housing Act. A PHA may not 

assign housing to persons in a particular 

section of a community or to a 

development or building based on race, 

color, religion, sex, disability, familial 

status, or national origin for purposes of 

segregating populations. 

(2) Affirmatively furthering fair 

housing. A PHA’s policies should be 

designed to reduce the concentration of 

tenants and other assisted persons by 

race, national origin, and disability. Any 

affirmative steps or incentives a PHA 

plans to take must be stated in the 

admission policy. 

(i) HUD regulations provide that 

PHAs must take steps to affirmatively 

further fair housing. PHA policies 

should include affirmative steps to 

overcome the effects of discrimination 

and the effects of conditions that 

resulted in limiting participation of 

persons because of their race, national 

origin, disability, or other protected 

class. 

(ii) Such affirmative steps may 

include, but are not limited to, 

marketing efforts, use of 

nondiscriminatory tenant selection and 

assignment policies that lead to 

desegregation, additional applicant 

consultation and information, provision 

of additional supportive services and 

amenities to a development (such as 

supportive services that enable an 

individual with a disability to transfer 

from an institutional setting into the 

community), and engagement in 

ongoing coordination with state and 

local disability agencies to provide 

additional community-based housing 

opportunities for individuals with 

disabilities and to connect such 

individuals with supportive services to 

enable an individual with a disability to 

transfer from an institutional setting 

into the community. 

(3) Validity of certification. (i) A 

PHA’s certification under § 903.7(o) will 

be subject to challenge by HUD where 

it appears that a PHA: 

(A) Fails to meet the affirmatively 

furthering fair housing requirements at 

24 CFR 5.150 through 5.152 

(B) Takes action that is materially 

inconsistent with its obligation to 

affirmatively further fair housing; or 

(C) Fails to meet the fair housing, civil 

rights, and affirmatively furthering fair 

housing requirements in 24 CFR 

903.7(o). 

(ii). If HUD challenges the validity of 

a PHA’s certification, HUD will do so in 

writing specifying the deficiencies, and 

will give the PHA an opportunity to 

respond to the particular challenge in 

writing. In responding to the specified 

deficiencies, a PHA must establish, as 

applicable, that it has complied with 

fair housing and civil rights laws and 

regulations, or has remedied violations 

of fair housing and civil rights laws and 

regulations, and has adopted policies 

and undertaken actions to affirmatively 

further fair housing, including, but not 

limited to, providing a full range of 

housing opportunities to applicants and 

tenants in a nondiscriminatory manner. 

In responding to the PHA, HUD may 

accept the PHA’s explanation and 

withdraw the challenge, undertake 

further investigation, or pursue other 

remedies available under law. HUD will 

seek to obtain voluntary corrective 

action consistent with the specified 

deficiencies. In determining whether a 

PHA has complied with its certification, 

HUD will review the PHA’s 

circumstances relevant to the specified 

deficiencies, including characteristics of 

the population served by the PHA; 

characteristics of the PHA’s existing 

housing stock; and decisions, plans, 

goals, priorities, strategies, and actions 

of the PHA, including those designed to 

affirmatively further fair housing. 

■ 23. Amend § 903.23 by revising 

paragraph (f) to read as follows: 

§ 903.23 What is the process by which 

HUD reviews, approves, or disapproves an 

Annual Plan? 

* * * * * 

(f) Recordkeeping. PHAs must 

maintain records reflecting actions to 

affirmatively further fair housing 

pursuant to §§ 5.151, 5.152, and 903.7(o) 

of this title. 

Dated: June 4, 2021. 

Marcia L. Fudge, 

Secretary. 

[FR Doc. 2021–12114 Filed 6–9–21; 8:45 am] 

BILLING CODE 4210–67–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R01–OAR–2020–0327; FRL–10024– 

76–Region 1] 

Air Plan Approval; Maine; 

Infrastructure State Implementation 

Plan Requirements for the 2015 Ozone 

Standard and Negative Declaration for 

the Oil and Gas Industry for the 2008 

and 2015 Ozone Standards; Correction 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; correction. 

SUMMARY: The Environmental Protection 

Agency (EPA) is correcting a final rule 

that was published in the Federal 

Register on May 13, 2021 which will be 

effective on June 14, 2021. The final rule 

approved a State Implementation Plan 

(SIP) revision submitted by the State of 

Maine which addresses the 

infrastructure requirements of the Clean 

Air Act (CAA or Act) for the 2015 ozone 

National Ambient Air Quality Standards 

(NAAQS); as well as a SIP revision 

containing amendments to Maine’s 06– 

096 CMR Chapter 110, ‘‘Ambient Air 

Quality Standards,’’ and SIP revisions 

submitted by Maine that provide the 

state’s determination, via a negative 

declaration for the 2008 and 2015 ozone 

standards, that there are no facilities 

within its borders subject to EPA’s 2016 

Control Technique Guideline (CTG) for 

the oil and gas industry. This correction 

does not change any final action taken 

by EPA on May 13, 2021; this action 

merely provides further clarification on 

the amendments to the regulatory 


khammond on DSKJM1Z7X2PROD with RULES
30794 Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations 

language contained in the Code of 

Federal Regulations (CFR) and includes 

a minor change to the CFR to rearrange 

the location of the entry for Maine’s 

previously approved Chapter 166 

regulation. 

DATES: This rule is effective on June 14, 

2021. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R01–OAR– 

2020–0327. All documents in the docket 

are listed on the https://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available at https://

www.regulations.gov or at the U.S. 

Environmental Protection Agency, EPA 

Region 1 Regional Office, Air and 

Radiation Division, 5 Post Office 

Square—Suite 100, Boston, MA. EPA 

requests that if at all possible, you 

contact the contact listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday, 8:30 a.m. to 

4:30 p.m., excluding legal holidays and 

facility closures due to COVID–19. 

FOR FURTHER INFORMATION CONTACT: 

Ariel Garcia, Air Quality Branch, U.S. 

Environmental Protection Agency, EPA 

Region 1, 5 Post Office Square—Suite 

100, (Mail code 05–2), Boston, MA 

02109—3912, tel. (617) 918–1660, email 

garcia.ariel@epa.gov. 

SUPPLEMENTARY INFORMATION: In FR doc. 

2021–06237 at 86 FR 26181 in the issue 

of May 13, 2021, the following 

corrections to the regulatory text are 

made: 

§ 52.1019 [Corrected] 

■ 1. On page 26182, in the third column, 

in § 52.1019, in amendment 2, add the 

section heading immediately following 

the instruction to read as follows: 

‘‘§ 52.1019 Identification of planconditional approval.’’ 

§ 52.1020 [Corrected] 

■ 2. On page 26183, in the third column, 

in § 52.1020, in amendment 3, correct 

the instruction to read as follows: 

■ ‘‘3. In § 52.1020(c) amend the table by: 

■ a. Revising the entry for ‘‘Chapter 

110’’; 

■ b. Adding entries for ‘‘38 MRSA 

§ 341–A(3)(D)’’ and ‘‘38 MRSA § 341– 

C(2) and 341–C(8)’’ following the entry 

for ‘‘38 MRSA Section 341–C(7)’’. 

The revisions and additions read as 

follows:’’ 

■ 3. On page 26183, in the first column, 

in § 52.1020, in amendment 4, correct 

the instruction to read as follows: 

■ ‘‘4. In § 52.1020(e), amend the table by 

adding entries for ‘‘Submittal to meet 

Clean Air Act Section 110(a)(2) 

Infrastructure Requirements for the 2015 

Ozone National Ambient Air Quality 

Standard’’; ‘‘Conflict of Interest 

Statute’’; and ‘‘Negative declaration for 

the 2016 Control Techniques Guideline 

for the Oil and Natural Gas Industry for 

the 2008 and 2015 ozone standards’’ at 

the end of the table, to read as follows:’’ 

Dated: June 2, 2021. 

Deborah Szaro, 

Acting Regional Administrator, EPA Region 

1. 

[FR Doc. 2021–11958 Filed 6–9–21; 8:45 am] 

BILLING CODE 6560–50–P 


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