49332 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Rules and Regulations 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 5 

[Docket No. FR–5226–F–01] 

RIN 2501–AD43 

Eligibility of Students for Assisted 

Housing Under Section 8 of the U.S. 

Housing Act of 1937; Conforming 

Amendment To Include Students With 

Disabilities Receiving Assistance as of 

November 30, 2005 

AGENCY: Office of the Secretary, HUD. 

ACTION: Final rule. 

SUMMARY: This rule makes a conforming 

amendment to HUD’s regulation that 

restricts individuals enrolled in an 

institution of higher education and who 

meet certain other requirements from 

receiving assistance under section 8 of 

the U.S. Housing Act of 1937. That 

regulation was required by statute to be 

promulgated in 2005, and the statute 

was subsequently amended to exempt 

from this restriction students with 

disabilities who were receiving section 

8 assistance as of November 30, 2005. 

DATES: Effective Date: September 22, 

2008. 

FOR FURTHER INFORMATION CONTACT: For 

Section 8 voucher issues, Danielle L. 

Bastarache, Director, Housing Voucher 

Management and Operations Division, 

Office of Public and Indian Housing, 

Room 4210, telephone number 202–

402–5264; for the Office of Housing’s 

project-based Section 8, Gail 

Williamson, Director, Housing 

Assistance Policy Division, Room 6138, 

telephone number 202–708–3000. For 

all of the individuals, the address is 

Department of Housing and Urban 

Development, 451 Seventh Street, SW., 

Washington, DC 20410–8000. None of 

the aforementioned telephone numbers 

are toll-free numbers. Persons with 

hearing or speech impairments may 

access this number through TTY by 

calling the toll-free Federal Information 

Relay Service at 1–800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Fiscal Year (FY) 2006 appropriations 

for HUD, enacted in Title III of Public 

Law 109–115, approved on November 

30, 2005, contained an administrative 

provision (section 327) that placed 

restrictions on housing assistance that 

can be provided to students of higher 

education under section 8 of the U.S. 

Housing Act of 1937 (42 U.S.C. 1437f) 

(1937 Act). Specifically, section 327 

provided as follows: 

(a) No assistance shall be provided under 

Section 8 of the United States Housing Act 

of 1937 (42 U.S.C. 1437f) to any individual 

who—

(1) Is enrolled as a student at an institution 

of higher education (as defined under section 

102 of the Higher Education Act of 1965 (20 

U.S.C. 1002)); 

(2) Is under 24 years of age; 

(3) Is not a veteran; 

(4) Is unmarried; 

(5) Does not have a dependent child; and 

(6) Is not otherwise individually eligible, or 

has parents who, individually or jointly, are 

not eligible, to receive assistance under 

section 8 of the United States Housing Act of 

1937 (42 U.S.C. 1437f). 

(b) For purposes of determining the 

eligibility of a person to receive assistance 

under section 8 of the United States Housing 

Act of 1937 (42 U.S.C. 1437f), any financial 

assistance (in excess of amounts received for 

tuition) that an individual receives under the 

Higher Education Act of 1965 (20 U.S.C. 1001 

et seq.), from private sources, or an 

institution of higher education (as defined 

under the Higher Education Act of 1965 (20 

U.S.C. 1002)), shall be considered income to 

that individual, except for a person over the 

age of 23 with dependent children. 

This law was enacted to address 

incidents of college students obtaining 

federal housing assistance without their 

educational financial assistance 

counting as income for purposes of 

income eligibility for federal housing 

assistance. The law also described how 

educational financial assistance is to be 

treated in the calculation of income for 

purposes of determining eligibility. 

Section 327 directed HUD to issue a 

final rule to carry out this section no 

later than 30 days from the date of 

enactment of the law, and HUD issued 

its final rule on December 30, 2005 (70 

FR 77742). 

Public Law 109–249, approved on 

July 27, 2006, amended section 327 to 

exempt, from the restrictions placed on 

the provision of housing assistance to 

students enrolled at an institution of 

higher education, students with 

disabilities, as such term is defined in 

section 3(b)(3)(E) of the 1937 Act, and 

who were receiving assistance under 

section 8 of the 1937 Act as of 

November 30, 2005. 

FY 2007 appropriations for HUD were 

provided as part of the Continuing 

Appropriations Resolutions, 2007, 

signed by President George W. Bush on 

February 15, 2007 (Pub. L. 110–5). 

HUD’s FY 2007 appropriations, found in 

Title I and Chapter 10 of Title II of the 

Continuing Appropriations Resolution, 

2007, funded HUD appropriations 

accounts at the same levels provided in 

FY 2006, and under the same conditions 

and restrictions imposed by Public Law 

109–115. Given that funding for FY 

2007 was subject to the same conditions 

as those imposed on FY 2006 funds, 

HUD concluded that the restrictions on 

assistance to students, enacted in Public 

Law 109–115, as amended by Public 

Law 109–249, remained in place. 

FY 2008 appropriations for HUD were 

provided as part of the Consolidated 

Appropriations Act, 2008 (Pub. L. 110–

161, approved on December 26, 2007). 

An administrative provision, section 

218, of Title II of Division K of the 

Consolidated Appropriations Act, 2008, 

included the language of section 327 as 

amended by Public Law 109–249, 

placing restrictions on assistance to 

students enrolled in institutions of 

higher education, with an exemption for 

students who are persons of disabilities 

who were receiving section 8 assistance 

as of November 30, 2005. 

II. This Final Rule 

HUD is issuing this final rule to 

conform its regulation in 24 CFR 5.612 

to include the exemption for persons 

with disabilities who were receiving 

section 8 assistance as of November 30, 

2005. 

III. Justification for Final Rule 

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. Part 10, however, provides for 

exceptions to the general rule if HUD 

finds good cause to omit advanced 

notice and public participation. The 

good cause requirement is satisfied 

when prior public procedure is 

‘‘impractical, unnecessary, or contrary 

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

HUD has determined that prior public 

comment is unnecessary, because this 

rule is limited to making a conforming 

change so that HUD’s regulation in 24 

CFR 5.612 fully reflects all statutory 

requirements. No discretion is being 

exercised through this rulemaking. The 

statute provides for the exemption that 

is being added to the regulation, and the 

statutory exemption has been in place 

and implemented since 2006. 

IV. Findings and Certifications 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601 et seq.) generally requires 

an agency to conduct a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements, unless the agency certifies 

that the rule will not have a significant 

economic impact on a substantial 

number of small entities. This rule 

imposes no additional economic or 

other burdens on small entities. As 

noted earlier, this rule is limited to 


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Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Rules and Regulations 49333 

making a conforming change so that 

HUD’s regulation in 24 CFR 5.612 fully 

reflects all statutory requirements 

pertaining to restrictions on housing 

assistance to students enrolled in 

institutions of higher education. The 

entities covered by the statutory 

restrictions in section 8 of the 1937 Act, 

which are agencies administering 

tenant-based and project-based assisted 

housing, already are familiar with the 

exemption for students with disabilities 

receiving section 8 assistance as of 

November 30, 2005, added by statute in 

July 2006. Accordingly, the undersigned 

certifies that this final rule would not 

have a significant economic impact on 

a substantial number of small entities. 

Environmental Impact 

In accordance with 24 CFR 50.19(c)(1) 

of the Department’s regulations, this 

rule does not direct, provide for 

assistance or loan and mortgage 

insurance for, or otherwise govern or 

regulate, real property acquisition, 

disposition, leasing, rehabilitation, 

alteration, demolition, or new 

construction, or establish, revise, or 

provide for standards for construction or 

construction materials, manufactured 

housing, or occupancy. Therefore, this 

final rule is categorically excluded from 

the requirements of the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.). 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (2 U.S.C. 

1531–1538) establishes requirements for 

federal agencies to assess the effects of 

their regulatory actions on state, local, 

and tribal governments and the private 

sector. This rule does not impose any 

federal mandates on any state, local, or 

tribal government or the private sector 

within the meaning of UMRA. 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits, to the extent 

practicable and permitted by law, an 

agency from publishing any rule that 

has federalism implications and either 

imposes substantial direct compliance 

costs on state and local governments 

and is not required by statute, or the 

rule preempts state law, unless the 

agency meets the consultation and 

funding requirements of section 6 of the 

Executive Order. This rule does not 

have federalism implications and does 

not impose substantial direct 

compliance costs on state and local 

governments or preempt state law 

within the meaning of the Executive 

Order. 

List of Subjects in 24 CFR Part 5 

Administrative practice and 

procedure, Aged, Claims, Crime, 

Government contracts, Grant 

programs—housing and community 

development, Individuals with 

disabilities, Intergovernmental relations, 

Loan programs—housing and 

community development, Low and 

moderate income housing, Mortgage 

insurance, Penalties, Pets, Public 

housing, Rent subsidies, Reporting and 

recordkeeping requirements, Social 

security, Unemployment compensation, 

Wages. 

■ Accordingly, for the reasons stated in 

the preamble, HUD amends 24 CFR part 

5 as follows: 

PART 5—GENERAL HUD PROGRAM 

REQUIREMENTS; WAIVERS 

■ 1. The authority citation for 24 CFR 

part 5 continues to read as follows: 

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

1437f, 1437n, 3535(d), and Sec. 327, Pub. L. 

109–115, 119 Stat. 2936. 

■ 2. In § 5.612, remove the word ‘‘and’’

at the end of paragraph (e), redesignate 

paragraph (f) as paragraph (g), and add 

a new paragraph (f) to read as follows: 

§ 5.612 Restrictions on assistance to 

students enrolled in an institution of higher 

education. 

* * * * * 

(f) Is not a person with disabilities, as 

such term is defined in section 

3(b)(3)(E) of the 1937 Act and was not 

receiving assistance under section 8 of 

the 1937 Act as of November 30, 2005; 

and 

* * * * * 

Dated: August 13, 2008. 

Roy A. Bernardi, 

Deputy Secretary. 

[FR Doc. E8–19435 Filed 8–20–08; 8:45 am] 

BILLING CODE 4210–67–P 

POSTAL SERVICE 

39 CFR Part 111 

Implementation of New Standards for 

Intelligent Mail Barcodes 

AGENCY: Postal ServiceTM. 

ACTION: Final rule. 

SUMMARY: On April 30, 2008, we 

published in the Federal Register 

(Volume 73, Number 84, pages 23393–

23403) proposed mailing standards to 

require the use of Intelligent Mail

barcodes on all letters and flats mailed 

at automation prices as of May 2010. We 

described two options for using 

Intelligent Mail barcodes as of May 

2009: The basic option and the fullservice option. In this final rule, we 

summarize comments received in 

response to our proposed rule and 

provide our new mailing standards for 

the use of Intelligent Mail barcodes. 

DATES: Effective Date: May 11, 2009. 

FOR FURTHER INFORMATION CONTACT: Bill 

Chatfield at 202–268–7278 or Karen 

Zachok at 202–268–8779. 

SUPPLEMENTARY INFORMATION: Current 

mailing standards require either 

POSTNETTM barcodes or Intelligent 

Mail barcodes on letters and flats mailed 

at automation prices and on letters 

mailed at Standard Mail enhanced 

carrier route prices. Both barcode 

formats contain routing information, but 

Intelligent Mail barcodes offer 

additional options. They can include 

indicators for added services such as 

Address Change Service and Confirm, 

and enable tracking of individual 

mailpieces through our processing 

system. This additional visibility adds 

value to the mail and enables us to 

monitor service. 

In response to many mailer requests, 

we will continue to allow POSTNET 

barcodes on automation letters and flats 

until May 2011. However, effective May 

2009, we will require all automation 

flats to bear barcodes that include 

delivery point routing codes, as 

currently required for automation 

letters. 

In May 2009, we will offer two 

options for using Intelligent Mail 

barcodes. Under the basic option, 

mailers will use the Intelligent Mail 

barcode on their letter and flat 

mailpieces. The basic Intelligent Mail 

barcode contains routing information for 

the delivery address but does not need 

to uniquely identify the mailpiece. 

Under the full-service option mailers 

must: Use unique Intelligent Mail 

barcodes on mailpieces; use Intelligent 

Mail tray barcodes and Intelligent Mail 

container barcodes; and electronically 

submit postage statements and mailing 

documentation. 

We will offer customers who qualify 

for the full-service Intelligent Mail 

option the following benefits in May 

2009: 

• Start-the-clock information at no 

additional charge to notify mailers when 

USPS  takes possession of mailings, 

and 

• Address correction information at 

no charge for qualified letters and flats 

that do not have the most current 

address or that are undeliverable for 

other reasons, when those pieces are 

endorsed as specified for OneCode 

ACS TM. 


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