27162 Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules and Regulations

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

24 CFR Parts 982 and 983

[Docket No. FR–4055–F–01]

RIN 2577–AB64

Office of the Assistant Secretary for

Public and Indian Housing; Section 8

Tenant-Based Programs: Technical

Amendments

AGENCY: Office of the Assistant

Secretary for Public and Indian

Housing, HUD.

ACTION: Final rule; technical

amendments.

SUMMARY: The purpose of this document

is to make technical amendments to the

final rule governing the tenant-based

rental certificate and voucher programs.

These technical amendments are

necessary to add provisions that were

inadvertently omitted from one section

of the earlier final rule, and to clarify

the original intent of certain other

provisions. These amendments have the

effect of clarifying the regulations for

these programs.

EFFECTIVE DATE: July 1, 1996.

FOR FURTHER INFORMATION CONTACT:

Madeline Hastings, Associate Deputy

Assistant Secretary for the Office of

Public and Assisted Housing

Operations, Room 4204, Department of

Housing and Urban Development, 451

Seventh Street SW., Washington, DC

20410–7000, telephone (202) 708–1842

(voice) [not a toll-free telephone

number]. Hearing or speech-impaired

individuals may access that office by

text telephone by dialing 1–800–877–

8339 to use the Federal Information

Relay Service. Copies of this document

will be made available on tape or large

print for those with impaired vision that

request them. They may be obtained at

the above address.

SUPPLEMENTARY INFORMATION:

I. Background

A. History of Rule

There were two principal rules issued

concerning the Section 8 Certificate and

Voucher programs in the last two years:

The rule governing admission

requirements, establishing subparts A

and E, published on July 18, 1994 (59

FR 36662) and the rule fleshing out part

982 by establishing subparts B–D and

G–L, published on July 3, 1995 (60 FR

34660). Since their publication, it has

come to the attention of the Department

that several changes that had been

intended to be included in these rules

were omitted. These changes are being

made in this final rule.

B. Changes to Rule

Section 982.54, dealing with the

administrative plan, is modified to add

provisions to the administrative plan

that were inadvertently omitted in the

final rule. While these policies are

clearly stated in other sections of the

final regulations, these are policies on

matters for which the HA has discretion

to establish local policies and, therefore,

must be included in the administrative

plan.

Language in §§ 982.158, 982.202,

982.205, 982.301, 982.307, 982.353,

982.355, 982.401, 982.451, and 982.551

is revised to clarify original intent. In

addition, a new paragraph (e)(4) is

added to § 982.355 to provide that the

administrative fee may be reduced as a

sanction for noncompliance with

portability requirements, consistent

with the regulatory sanction for

noncompliance with other HA program

responsibilities.

The only change to part 983 is to

correct a typographical error found in

§ 983.203.

II. Justification for Final Rulemaking

HUD generally publishes a rule for

public comment before issuing a rule for

effect, in accordance with its own

regulations on rulemaking in 24 CFR

part 10. However, part 10 provides for

exceptions to the general rule if the

agency finds good cause to omit

advance notice and public participation.

The good cause requirement is satisfied

when prior public procedure is

‘‘impracticable, unnecessary, or contrary

to the public interest’’ (24 CFR 10.1).

HUD finds that good cause exists to

publish this rule for effect without first

soliciting public comment. HUD

believes that it is unnecessary and

contrary to the public interest to delay

the effectiveness of the rule for public

comment, since the rule merely makes

technical and clarifying changes.

III. Other Matters

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 (or any other

entities), since it merely makes

technical amendments.

Environmental Impact

A Finding of No Significant Impact

with respect to the environment was

made in accordance with HUD

regulations in 24 CFR part 50 that

implement section 102(2)(C) of the

National Environmental Policy Act of

1969 (42 U.S.C. 4332) with respect to

the original Part 982 issued in 1994.

This Finding is available for public

inspection between 7:30 a.m. and 5:30

p.m. weekdays in the Office of the Rules

Docket Clerk, Office of General Counsel,

Room 10276, Department of Housing

and Urban Development, 451 Seventh

Street, SW, Washington, DC.

Executive Order 12612, Federalism

The General Counsel, as the

Designated Official under section 6(a) of

Executive Order 12612, Federalism, has

determined that 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, since it only

makes technical amendments.

Executive Order 12606, The Family

The General Counsel, as the

Designated Official under Executive

Order 12606, The Family, has

determined that this rule will not have

the potential for significant impact on

family formation, maintenance, or

general well-being, and thus is not

subject to review under the Order.

List of Subjects

24 CFR Part 982

Grant programs—housing and

community development, Housing, Rent

subsidies, Reporting and recordkeeping

requirements.

24 CFR Part 983

Grant programs—housing and

community development, Rent

subsidies, Reporting and recordkeeping

requirements.

Catalog

The catalog of Federal Domestic

Assistance numbers for the programs

affected by this rule are 14.855

(Vouchers), 14.856 (Moderate

Rehabilitation), and 14.857

(Certificates).

Accordingly, parts 982 and 983 of title

24 of the Code of Federal Regulations,

are amended as follows:
Federal Register / Vol. 61, No. 105 / Thursday, May 30, 1996 / Rules and Regulations 27163

PART 982—SECTION 8 TENANTBASED ASSISTANCE: UNIFIED RULE

FOR TENANT-BASED ASSISTANCE

UNDER THE SECTION 8 RENTAL

CERTIFICATE PROGRAM AND THE

SECTION 8 RENTAL VOUCHER

PROGRAM

1–3. The authority citation for part

982 continues to read as follows:

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

§ 982.54 [Amended]

4. Section 982.54(d) is amended as

follows:

a. By adding to paragraph (d)(1) after

the word ‘‘preferences’’ the phrase ‘‘(see

§§ 982.202(b)(2) and 982.208(b)),

procedures for removing applicant

names from the waiting list,’’.

b. By removing from paragraph (d)(15)

the word ‘‘and’’ after the semicolon;

c. By removing from paragraph (d)(16)

the period at the end of the sentence

and adding in its place a semicolon; and

d. By adding new paragraphs (d)(17),

(d)(18) and (d)(19), to read as follows:

§ 982.54 Administrative plan.

* * * * *

(d) * * *

(17) Interim redeterminations of

family income and composition;

(18) Restrictions, if any, on the

number of moves by a participant family

(see § 982.314(c)); and

(19) Approval by the Board of

Commissioners or other authorized

officials to charge the administrative fee

reserve.

* * * * *

5. In § 982.158, paragraph (d) is

revised to read as follows:

§ 982.158 Program accounts and records.

* * * * *

(d) The HA must prepare a unit

inspection report.

* * * * *

§ 982.202 [Amended]

6. In § 982.202, the heading of

paragraph (a) is revised to read ‘‘Waiting

list admissions and special

admissions.’’

7. In § 982.202, the second sentence of

paragraph (b)(2) is revised to read as

follows:

§ 982.202 How applicants are selected:

General requirements.

* * * * *

(b) * * *

(2) * * * However, the HA may

target assistance for families who live in

public housing or other federally

assisted housing, or may adopt a HUDapproved residency preference (see

§ 982.208).

* * * * *

8. In § 982.205, the section heading

and paragraph (a)(1) are revised to read

as follows:

§ 982.205 Waiting list: Single list; area

covered.

(a) * * *

(1) An HA must use a single waiting

list for admissions to its tenant-based

certificate and voucher programs. The

HA may use a separate waiting list for

such admissions for an area not smaller

than a county or municipality.

* * * * *

§ 982.301 [Amended]

9. In § 982.301, paragraph (b) is

amended as follows:

a. Paragraph (b)(4) is removed and the

remaining paragraphs are redesignated

(b)(4) through (b)(16); and

b. In redesignated paragraph (b)(10),

the word ‘‘HUD’’ is removed and the

word ‘‘HUD-required’’ is added in its

place.

§ 982.307 [Amended]

10. In § 982.307, paragraph (b)(1)(i) is

amended by adding ‘‘and prior’’ after

the word ‘‘current’’.

§ 982.353 [Amended]

11. In § 982.353(b), the first sentence

is amended by removing the reference to

‘‘paragraph (c)’’ and adding in its place

a reference to ‘‘paragraph (c) or (d)’’.

12. Section 982.355 is amended as

follows:

a. Paragraph (b)(2) is revised;

b. A new paragraph (b)(3) is added;

c. A new sentence is added at the end

of paragraph (e)(3);

d. The third sentence of paragraph

(e)(5) is removed; and

e. Paragraph (e)(4) is revised, to read

as follows:

§ 982.355 Portability: Administration by

receiving HA.

* * * * *

(b) * * *

(2) If the family was receiving

assistance under the initial HA

certificate program, but is ineligible for

admission to the voucher program, a

receiving HA must provide continued

assistance under the certificate program.

If the family was receiving assistance

under the initial HA voucher program,

but is ineligible for admission to the

certificate program, a receiving HA must

provide continued assistance under the

voucher program.

(3) If a receiving HA is absorbing the

family into its own program (i.e.,

providing assistance without billing the

initial HA), the receiving HA has the

choice of assisting the family under

either the certificate or voucher

program. If a receiving HA is not

absorbing the family into its own

program, the receiving HA must assist

the family under the same program

(certificate program or voucher program)

as the initial HA.

* * * * *

(e) * * *

(3) * * * If both HAs agree, the HAs

may negotiate a different amount of

reimbursement.

(4) HUD may reduce the

administrative fee to an initial or

receiving HA if the HA does not comply

with HUD portability requirements.

* * * * *

13. In § 982.401, paragraph

(j)(3)(iv)(B) is revised to read as follows:

§ 982.401 Housing quality standards

(HQS).

* * * * *

(j) * * *

(3) * * *

(iv) * * *

(B) The entrance and hallway

providing access to a unit in a multiunit building; and

* * * * *

§ 982.451 [Amended]

14. In § 982.451, the third sentence of

paragraph (c)(5) is amended by adding

‘‘another source is’’ after the word

‘‘unless’’.

15. In § 982.551, paragraph (h)(2) is

amended by adding a sentence at the

end to read as follows:

§ 982.551 Obligations of participant.

* * * * *

(h) * * *

(2) * * * No other person [i.e., nobody

but members of the assisted family] may

reside in the unit (except for a foster

child or live-in aide as provided in

paragraph (h)(4) of this section).

PART 983—SECTION 8 PROJECTBASED CERTIFICATE PROGRAM

16. The authority citation for part 983

continues to read as follows:

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

§ 983.203 [Amended]

17. In § 983.203(a)(5), the word ‘‘Has’’

is removed and the word ‘‘HAs’’ is

added in its place.

Dated: May 10, 1996.

Michael B. Janis,

General Deputy Assistant Secretary for Public

and Indian Housing.

[FR Doc. 96–13240 Filed 5–29–96; 8:45 am]

BILLING CODE 4210–33–P