61350 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 

New Roads, LA, False River Rgnl, NDB 

RWY 36, Amdt 2 

Alpena, MI, Alpena County Rgnl, RNAV 

(GPS) RWY 1, Orig 

Detroit, MI, Willow Run, RNAV (GPS) 

RWY 23L, Amdt 1 

Motley, MN, Morey’s, Takeoff 

Minimums and Obstacle DP, Orig, 

CANCELLED 

St Louis, MO, Lambert-St Louis Intl, ILS 

OR LOC RWY 12R, Amdt 21D 

St Louis, MO, Lambert-St Louis Intl, ILS 

OR LOC RWY 30L, Amdt 12 

Charlotte, NC, Charlotte/Douglas Intl, 

ILS OR LOC RWY 18C, Amdt 9A 

Charlotte, NC, Charlotte/Douglas Intl, 

ILS OR LOC RWY 18L, Amdt 6A 

Charlotte, NC, Charlotte/Douglas Intl, 

ILS OR LOC RWY 36C, ILS RWY 36C 

(CATII), ILS RWY 36C (CAT III), 

Amdt 15C 

Charlotte, NC, Charlotte/Douglas Intl, 

ILS OR LOC RWY 36R, ILS RWY 36R 

(CATII), ILS RWY 36R (CAT III), 

Amdt 10A 

Charlotte, NC, Charlotte/Douglas Intl, 

RNAV (GPS) RWY 18C, Amdt 2A 

Charlotte, NC, Charlotte/Douglas Intl, 

RNAV (GPS) RWY 36C, Amdt 2A 

Charlotte, NC, Charlotte/Douglas Intl, 

Takeoff Minimums and Obstacle DP, 

Amdt 4 

Manchester, NH, Manchester, Takeoff 

Minimums and Obstacle DP, Amdt 9 

Wilmington, OH, Clinton Field, RNAV 

(GPS) RWY 21, Amdt 1 

Chester, SC, Chester Catawba Regional, 

GPS RWY 17, Orig, CANCELLED 

Chester, SC, Chester Catawba Regional, 

GPS RWY 35, Orig, CANCELLED 

Chester, SC, Chester Catawba Regional, 

RNAV (GPS) RWY 17, Orig 

Chester, SC, Chester Catawba Regional, 

RNAV (GPS) RWY 35, Orig 

Newberry, SC, Newberry County, NDB 

RWY 22, Amdt 6 

Newberry, SC, Newberry County, 

Takeoff Minimums and Obstacle DP, 

Amdt 1 

Knoxville, TN, McGhee-Tyson, NDB 

RWY 5R, Amdt 5A, CANCELLED 

Knoxville, TN, McGhee-Tyson, RNAV 

(GPS) RWY 5R, Amdt 1 

Knoxville, TN, McGhee-Tyson, RNAV 

(GPS) RWY 23L, Amdt 1 

Sevierville, TN, Gatlinburg-Pigeon 

Forge, RNAV (GPS) RWY 10, Orig 

Sevierville, TN, Gatlinburg-Pigeon 

Forge, VOR/DME RWY 10, Amdt 6 

Carthage, TX, Panola County-Sharpe 

Field, NDB RWY 35, Amdt 2 

Carthage, TX, Panola County-Sharpe 

Field, RNAV (GPS) RWY 17, Orig 

Carthage, TX, Panola County-Sharpe 

Field, RNAV (GPS) RWY 35, Orig 

Carthage, TX, Panola County-Sharpe 

Field, Takeoff and Minimums 

andObstacle DP, Orig 

Mason, TX, Mason County, Takeoff 

Minimums and Obstacle DP, Orig 

Pleasanton, TX, Pleasanton Muni, GPS 

RWY 34, Orig, CANCELLED 

Pleasanton, TX, Pleasanton Muni, NDBA, Amdt 5B, CANCELLED 

Pleasanton, TX, Pleasanton Muni, 

RNAV (GPS) RWY 34, Orig 

Pleasanton, TX, Pleasanton Muni, 

Takeoff Minimums and Obstacle DP, 

Amdt 1 

Victoria, TX, Victoria Rgnl, Takeoff and 

Minimums and Obstacle DP, Orig 

Price, UT, Carbon County Rgnl/Buck 

Davis Field, ILS OR LOC/DME RWY 

36, Orig 

Seattle, WA, Seattle-Tacoma Intl, ILS 

OR LOC RWY 16C, ILS RWY 16C 

(CAT II),ILS RWY 16C (CAT III), 

Amdt 13 

Seattle, WA, Seattle-Tacoma Intl, ILS 

OR LOC RWY 16L, ILS RWY 16L 

(CAT II),ILS RWY 16L (CAT III), 

Amdt 4 

Seattle, WA, Seattle-Tacoma Intl, ILS 

OR LOC RWY 16R, ILS RWY 16R 

(CAT II),ILS RWY 16R (CAT III), Orig 

Seattle, WA, Seattle-Tacoma Intl, ILS 

OR LOC RWY 34C, ILS RWY 34C 

(CAT II), Amdt 2 

Seattle, WA, Seattle-Tacoma Intl, ILS 

OR LOC RWY 34L, ILS RWY 34L 

(CAT II), Orig 

Seattle, WA, Seattle-Tacoma Intl, ILS 

OR LOC RWY 34R, ILS RWY 34R 

(CAT II), Amdt 1 

Seattle, WA, Seattle-Tacoma Intl, RNAV 

(GPS) RWY 16C, Amdt 1 

Seattle, WA, Seattle-Tacoma Intl, RNAV 

(GPS) RWY 16L, Amdt 2 

Seattle, WA, Seattle-Tacoma Intl, RNAV 

(GPS) RWY 16R, Orig 

Seattle, WA, Seattle-Tacoma Intl, RNAV 

(GPS) RWY 34C, Amdt 1 

Seattle, WA, Seattle-Tacoma Intl, RNAV 

(GPS) RWY 34L, Orig 

Seattle, WA, Seattle-Tacoma Intl, RNAV 

(GPS) RWY 34R, Amdt 1 

Seattle, WA, Seattle-Tacoma Intl, 

Takeoff Minimums and Obstacle DP, 

Amdt 4 

Seattle, WA, Seattle-Tacoma Intl, VOR/ 

DME RWY 16L/C, Amdt 14 

Seattle, WA, Seattle-Tacoma Intl, VOR/ 

DME RWY 34C, Amdt 1 

La Crosse, WI, La Crosse Muni, ILS OR 

LOC RWY 18, Amdt 19 

La Crosse, WI, La Crosse Muni, NDB 

RWY 18, Amdt 19 

La Crosse, WI, La Crosse Muni, VOR 

RWY 13, Amdt 30 

La Crosse, WI, La Crosse Muni, VOR 

RWY 36, Amdt 31 

Effective 18 Dec. 2008 

Somerville, NJ, Somerset, Takeoff 

Minimums and Obstacle DP, Amdt 3 

[FR Doc. E8–24110 Filed 10–15–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 990 

[Docket Number FR–5057–I–01] 

RIN 2577–AC66 

Public Housing Operating Fund 

Program; Increased Terms of Energy 

Performance Contracts 

AGENCY: Office of the Assistant 

Secretary for Public and Indian 

Housing, HUD. 

ACTION: Interim rule. 

SUMMARY: This interim rule would make 

conforming amendments to the 

regulations of the Public Housing 

Operating Fund Program to reflect 

recent statutory amendments that allow 

for: The maximum term of an energy 

performance contract (EPC) between a 

public housing authority (PHA) and an 

entity other than HUD to be up to 20 

years, and the extension of an existing 

EPC, without reprocurement, to a period 

of no more than 20 years, to allow 

additional energy conservation 

improvements. The increase in the 

maximum EPC term, which is currently 

limited to 12 years, is provided by 

statutory amendments and will enable 

longer payback periods for energy 

conservation measures. 

DATES: Effective Date: November 17, 

2008. Comment Due Date: December 15, 

2008. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this proposed rule to the Regulations 

Division, Office of General Counsel, 

Department of Housing and Urban 

Development, 451 7th Street, SW., 

Room 10276, Washington, DC 20410– 

0500. Communications must refer to the 

above docket number and title. There 

are two methods for submitting public 

comments. All submissions must refer 

to the above docket number and title. 

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. 

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 


rwilkins on PROD1PC63 with NOTICES
Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 61351 

HUD to make them 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 the 

instructions provided on that site to 

submit comments electronically. 

Note: To receive consideration as public 

comments, comments must be submitted 

through one of the two methods specified 

above. Again, all submissions must refer to 

the docket number and title of the rule. 

No Facsimile Comments. Facsimile 

(FAX) comments are not acceptable. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Hanson, Deputy Assistant 

Secretary, Departmental Real Estate 

Assessment Center, Office of Public and 

Indian Housing, Department of Housing 

and Urban Development, 451 7th Street, 

SW., Room 2000, Washington, DC 

20410–5000; telephone number 202– 

475–7949 (this is not a toll-free 

number). Individuals with speech or 

hearing impairments may access this 

number through TTY by calling the tollfree Federal Information Relay Service 

at 800–877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Section 9(e) of the United States 

Housing Act of 1937 (42 U.S.C. 1437 et 

seq.) (1937 Act) establishes an Operating 

Fund for the purpose of making 

assistance available to PHAs to operate 

and manage public housing. HUD’s 

regulations implementing section 9(e) of 

the 1937 Act are located at 24 CFR part 

990 (entitled ‘‘The Public Housing 

Operating Fund Program’’). The part 990 

regulations contain the policies and 

procedures governing the Operating 

Fund allocation formula used by HUD 

to distribute operating subsidies to 

PHAs. 

On September 19, 2005, at 70 FR 

54984, HUD published a final rule 

amending the regulations at 24 CFR part 

990 to provide a new formula for 

distributing operating subsidies to PHAs 

and to establish requirements that PHAs 

convert to asset management. The 

September 19, 2005, final rule provides 

PHAs with incentives for energy 

conservation and utility rate reduction. 

The energy conservation methods may 

include, but are not limited to, physical 

improvements financed by a loan from 

a bank, utility, or governmental entity; 

management of costs under a 

performance contract; or a shared 

savings agreement with a private energy 

company. The final rule also provided, 

in § 990.185(a), that the term of the 

contract under which these energy 

conservation measures are taken cannot 

exceed 12 years. 

On August 8, 2005, President Bush 

signed into law the Energy Policy Act of 

2005 (Pub. L. 109–58, 119 Stat. 594) 

(Energy Policy Act). Subtitle D of the 

Energy Policy Act amended section 9 of 

the 1937 Act to promote the use in 

public housing of innovative 

approaches to achieve programmatic 

efficiency and reduce utility costs. 

Specifically, section 151 of the Energy 

Policy Act amended section 9(e)(2)(C) of 

the 1937 Act, which governs the 

treatment of waste and utility savings 

under the Operating Fund allocation 

formula. The amendment made by 

section 151 of the Energy Policy Act 

provides that qualifying contracts for 

energy conservation improvements may 

have terms of not more than 20 years. 

(See 119 Stat. 647–648.) The Energy 

Policy Act also amended the Operating 

Fund treatment of savings resulting 

from such contracts. It allows for longer 

payback periods for retrofits, including 

windows, heating system replacements, 

wall insulation, site-based generation, 

advanced energy saving technologies, 

including renewable energy generation, 

and other such retrofits. 

The Consolidated Appropriations Act, 

2008 (Pub. L. 110–161, 121 Stat. 1844, 

approved December 26, 2007), amended 

section 9(e)(2)(C) of the 1937 Act (42 

U.S.C. 1437g(e)(2)(C)), by adding the 

following clause: 

‘‘(iv) EXISTING CONTRACTS.—The 

term of a contract described in clause (i) 

that, as of the date of enactment of this 

clause, is in repayment and has a term 

of not more than 12 years, may be 

extended to a term of not more than 20 

years to permit additional energy 

conservation improvements without 

requiring the reprocurement of energy 

performance, contractors.’’ (See 

administrative provision, section 229, of 

title II of Division K, at 121 Stat. 2438.) 

II. This Interim Rule 

This interim rule amends the 

regulations at 24 CFR 990.185 to 

provide that, consistent with the 

amendment to the 1937 Act by section 

151 of the Energy Policy Act, the term 

of an EPC between a PHA and an entity 

other than HUD may be up to 20 years. 

Consistent with the amendment made to 

section 9(e)(C)(2) by the Consolidated 

Appropriations Act, 2008, this rule also 

permits the extension of executed EPCs 

to a term of not more than 20 years 

without requiring a new competitive 

procurement process. 

The increased maximum contract 

terms provided by these statutory 

amendments permit longer payback 

periods for energy conservation 

measures. HUD encourages PHAs to 

utilize the extended contract terms to 

achieve additional reductions in utility 

consumption and costs. These statutory 

changes to EPC terms, as are being 

codified by this rule, provide PHAs with 

the ability to fund additional energy 

measures with a longer payback period, 

and also provide additional flexibility 

by allowing a PHA to extend an existing 

contract without needing to go through 

procurement. 

The provision for entering into EPCs 

with terms greater than 12 years and for 

extending the terms of executed EPCs 

would commence to apply on the 

effective date of this rule. 

The 20-year contract term, consistent 

with statutory authority, is the 

maximum term. If state or local laws or 

regulations restrict terms of EPCs to a 

shorter period of time, PHAs would still 

have to comply with the state or local 

government requirement. 

Consistent with the statute, this rule 

clarifies that to qualify for the incentives 

under § 990.185, the financing of energy 

conservation measures by a party other 

than HUD must be undertaken pursuant 

to a contract. This rule also clarifies that 

the term ‘‘energy performance contract’’ 

encompasses all contracts that qualify 

under § 990.185, regardless of the 

energy conservation measure involved 

or the entity that is the other party to the 

contract with the PHA. 

III. Justification for Interim 

Rulemaking 

In accordance with its regulations on 

rulemaking at 24 CFR part 10, HUD 

ordinarily publishes its rules for 

advance public comment. Notice and 

public procedure are omitted, however, 

if HUD determines that, in a particular 

case or class of cases, notice and public 

procedure are ‘‘impracticable, 

unnecessary, or contrary to the public 

interest.’’ (See 24 CFR 10.1.) In this case, 

HUD is simply conforming its existing 

regulations to statutory provisions that 

are already legally effective. In doing so, 

HUD is not exercising agency discretion, 

but rather simply following the statutory 

mandate. Because this is a conforming 

regulation, advance public notice and 

comment is unnecessary. However, 

while HUD found the statutory language 

to be clear as to meaning and intent and 

has incorporated the language without 

change, PHAs may seek further 

clarification. HUD specifically 

welcomes comments on the clarity of 

the conforming amendments, as well as 

on any other aspect of the rule. HUD 

will consider all comments submitted 

by the public in the final rule that 

follows this interim rule. 


rwilkins on PROD1PC63 with NOTICES
61352 Federal Register / Vol. 73, No. 201 / Thursday, October 16, 2008 / Rules and Regulations 

IV. Findings and Certifications 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (2 U.S.C. 1531– 

1538) (UMRA) establishes requirements 

for federal agencies to assess the effects 

of their regulatory actions on state, 

local, and tribal governments and the 

private sector. This proposed 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 an agency from 

publishing any rule that has federalism 

implications if the rule 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 Order. This rule does 

not have federalism implications and 

would not impose substantial direct 

compliance costs on state and local 

governments nor preempt state law 

within the meaning of the Order. 

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, 

consistent with recent statutory 

amendments, provides PHAs with the 

flexibility to enter into energy 

performance contracts with terms of not 

more than 20 years. These revisions 

impose no significant economic impact 

on a substantial number of small 

entities. Therefore, the undersigned 

certifies that this rule will not have a 

significant impact on a substantial 

number of small entities. 

Notwithstanding HUD’s view that this 

rule will not have a significant effect on 

a substantial number of small entities, 

HUD specifically invites comments 

regarding any less burdensome 

alternatives to this rule that will meet 

HUD’s objectives as described in this 

preamble. 

Environmental Impact 

This final 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. Accordingly, 

under 24 CFR 50.19(c)(1), this rule is 

categorically excluded from 

environmental review under the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321). 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance program number is 14.850. 

List of Subjects in 24 CFR Part 990 

Accounting, Grant programs—housing 

and community development, Public 

housing, Reporting and recordkeeping 

requirements. 

■ Accordingly, for the reasons described 

in the preamble, HUD amends 24 CFR 

part 990 as follows: 

PART 990—THE PUBLIC HOUSING 

OPERATING FUND PROGRAM 

■ 1. The authority citation for part 990 

continues to read as follows: 

Authority: 42 U.S.C. 1437g; 42 U.S.C. 

3535(d). 

■ 2. In § 990.185, revise paragraph (a) 

introductory text and paragraph 

(a)(3)(iv), to read as follows: 

§ 990.185 Utilities expense level: 

Incentives for energy conservation/rate 

reduction. 

(a) General/consumption reduction. If 

a PHA undertakes energy conservation 

measures that are financed by an entity 

other than HUD, the PHA may qualify 

for the incentives available under this 

section. For a PHA to qualify for these 

incentives, the PHA must enter into a 

contract to finance the energy 

conservation measures, and must obtain 

HUD approval. Such approval shall be 

based on a determination that payments 

under a contract can be funded from 

reasonably anticipated energy cost 

savings. The contract period shall not 

exceed 20 years. The energy 

conservation measures may include, but 

are not limited to: Physical 

improvements financed by a loan from 

a bank, utility, or governmental entity; 

management of costs under the 

performance contract; or a shared 

savings agreement with a private energy 

service company. All such contracts 

shall be known as energy performance 

contracts. PHAs may extend an 

executed energy performance contract 

with a term of less than 20 years to a 

term of not more than 20 years, to 

permit additional energy conservation 

improvements without the 

reprocurement of energy performance 

contractors. The PHA must obtain HUD 

approval to extend the term of an 

executed energy performance contract. 

* * * * * 

(3) * * * 

(iv) If energy cost savings are less than 

the amount necessary to meet 

amortization payments specified in a 

contract, the contract term may be 

extended (up to the 20-year limit) if 

HUD determines that the shortfall is the 

result of changed circumstances, rather 

than a miscalculation or 

misrepresentation of projected energy 

savings by the contractor or PHA. The 

contract term may be extended only to 

accommodate payment to the contractor 

and associated direct costs. 

* * * * * 

Dated: September 11, 2008. 

Paula O. Blunt, 

General Deputy Assistant Secretary for Public 

and Indian Housing. 

[FR Doc. E8–24573 Filed 10–15–08; 8:45 am] 

BILLING CODE 4210–67–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4022 and 4044 

Benefits Payable in Terminated SingleEmployer Plans; Allocation of Assets 

in Single-Employer Plans; Interest 

Assumptions for Valuing and Paying 

Benefits 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: The Pension Benefit Guaranty 

Corporation’s regulations on Benefits 

Payable in Terminated Single-Employer 

Plans and Allocation of Assets in 

Single-Employer Plans prescribe interest 

assumptions for valuing and paying 

benefits under terminating singleemployer plans. This final rule amends 

the regulations to adopt interest 

assumptions for plans with valuation 

dates in November 2008. Interest 

assumptions are also published on the 

PBGC’s Web site (http://www.pbgc.gov). 

DATES: Effective November 1, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Catherine B. Klion, Manager, Regulatory 

and Policy Division, Legislative and 

Regulatory Department, Pension Benefit 

Guaranty Corporation, 1200 K Street, 

NW., Washington, DC 20005, 202–326– 

4024. (TTY/TDD users may call the 

Federal relay service toll-free at 1–800– 

877–8339 and ask to be connected to 

202–326–4024.) 

SUPPLEMENTARY INFORMATION: The 

PBGC’s regulations prescribe actuarial 

assumptions—including interest 


rwilkins on PROD1PC63 with NOTICES