[Federal Register Volume 64, Number 182 (Tuesday, September 21, 1999)]
[Rules and Regulations]
[Pages 51045-51047]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24600]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Part 903
[Docket No. FR-4420-F-04]
RIN 2577-AB89
Public Housing Agency Plans; Change in Plan Submission Dates
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Final rule; amendment.
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SUMMARY: This final rule makes two amendments to HUD's February 18,
1999 interim rule regarding public housing agency (PHA) plans. First,
this final rule provides PHAs whose fiscal years begin on January 1,
2000, with additional time to submit their first PHA plans to HUD. This
final rule also provides that, for purposes of first PHA plan
submissions, a PHA will be considered to have submitted its PHA plans
on the submission due date, regardless of whether the PHA submits its
first plans before that date. This final rule does not address the
public comments received on the February 18, 1999 interim rule. The
comments will be addressed in a separate rulemaking that HUD is
currently developing, and that HUD expects to publish within the next
few weeks.
DATES: Effective Date: October 21, 1999.
FOR FURTHER INFORMATION CONTACT: For further information contact Beth
Cooper, the Office of Policy, Program and Legislative Initiatives,
Office of Public and Indian Housing, Department of Housing and Urban
Development, 451 Seventh Street, SW, Room 4116, Washington, DC 20410;
telephone (202) 708-0730 (this is not a toll-free number). Persons with
hearing or speech impairments may access that number via TTY by calling
the Federal Information Relay Service at (800) 877-8339.
SUPPLEMENTARY INFORMATION:
I. HUD's February 18, 1999 Interim Rule
On February 18, 1999 (64 FR 8170), HUD published an interim rule to
implement a new component of public housing and tenant-based assistance
operations required by the Quality Housing and Work Responsibility Act
of 1998 (Pub. L. 105-276, 112 Stat. 2461, approved October 21, 1998)
(referred to as the ``Public Housing Reform Act'')--the public housing
agency plans. Through these plans--the 5-year Plan and the Annual
Plan--a public housing agency (PHA) will advise HUD, its
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residents and members of the public of the PHA's mission for serving
the needs of low-income and very low-income families, and the PHA's
strategy for addressing those needs. The February 18, 1999 interim rule
established the initial procedures and requirements for development,
submission and implementation of the Plans. The February 18, 1999
interim rule also provided the dates for submission of the Plans. The
interim rule became effective on March 22, 1999, and is codified at 24
CFR part 903 (entitled ``Public Housing Agency Plans'').
II. This Rule
The purpose of this final rule is to make two amendments to the
February 18, 1999 interim rule. The amendments are as follows:
1. Extended submission date for initial PHA Plans. Section 511 of
the Public Housing Reform Act provides (in subsection (h)(1)) for the
Secretary to establish the due date for initial submission of the PHA
5-year and Annual Plans. After initial submission of the PHA Plans, the
statute sets the due date at not later than 75 days before the start of
the PHA's fiscal year. In accordance with this statutory authority, the
February 18, 1999 interim rule established due dates for the initial
submission of the PHA Plans.
The February 18, 1999 interim rule established a due date of ``no
later than 75 days before January 1, 2000'' for the first 5-year Plan
submission by PHAs whose fiscal years begin on January 1, 2000. PHAs
whose fiscal years begin after that date are required to submit their
first 5-year Plan ``no later than 75 days before the commencement of
their fiscal year.'' (See Sec. 903.3(a) of the February 18, 1999
interim rule)
The interim rule established a due date of October 15, 1999 for the
first PHA Annual Plan submission by PHAs whose fiscal years begin on
January 1, 2000. PHAs whose fiscal years begin after January 1, 2000
are required to submit their first Annual Plan no later than ``75 days
in advance of their fiscal year commencement date.'' (See Sec. 903.3(b)
of the February 18, 1999 interim rule).
On July 30, 1999, HUD issued Public and Indian Housing (PIH) Notice
99-33, which announced the availability of an electronic template that
PHAs must use to complete and submit the PHA Plans. The electronic
template, which is generally presented in question and answer format,
clarifies HUD's expectations for PHA Plan submissions and will make
these submissions easier to complete. The PIH notice also provides
additional guidance for completing the PHA Plans.
This rule extends the due date for initial PHA Plan submissions
made by PHAs with fiscal years beginning on January 1, 2000.
Specifically, the rule provides that these PHAs must submit their first
PHA Plans to HUD by December 1, 1999. This extension is designed to
permit these PHAs (who will be the first to submit PHA Plans) to
benefit from the electronic template and additional guidance provided
in PIH Notice 99-33.
2. Designation of December 1, 1999 as the PHA Plan submission date.
The February 18, 1999 interim rule provides that ``not later than 75
days after the date on which the PHA submits its plan * * * HUD will
issue written notice to the PHA if the plan has been disapproved.''
(See Sec. 903.23(b)(2) of the February 18, 1999 interim rule).
This rule amends the interim rule to provide that, for purposes of
the submission of the first PHA Plans, the ``date on which the PHA
submits its plan'' will be considered to be the submission due date.
Accordingly, the 75-day period for HUD to provide written notice of its
disapproval will not begin until the due date. For example, the initial
Plan submission due date for PHAs whose fiscal year begins on January
1, 2000 is December 1, 1999. The 75-day HUD review period for these
Plans will begin on December 1, 1999, regardless of whether the PHA has
submitted its PHA Plans before December 1, 1999.
The designation of the due date as the submission date for purposes
of the 75-day period assures that there is a uniform time period in
which HUD field offices are charged with reviewing the PHA Plan
submissions, and that field offices will have been provided appropriate
and uniform guidance prior to the review period. The result will be HUD
reviews that have the benefit of the uniform guidance and, thus, will
be conducted under uniform, national standards. The uniform time period
will also assist HUD's efforts to use its work force as efficiently as
possible. Both of these benefits will assist PHAs and the public. The
extended time period until the first submissions makes this step more
important.
III. HUD's Upcoming Final Rule Regarding the PHA Plans
This rule does not address the public comments received on the
February 18, 1999 interim rule. HUD is currently developing a separate
rule that will finalize the policies and procedures contained in the
February 18, 1999 interim rule, and that takes into consideration the
public comments received on the interim rule. HUD expects to publish
this final rule within the next few weeks.
IV. Justification for Issuance of Rule for Effect
In general, HUD publishes a rule for public comment before issuing
a rule for effect, in accordance with its own regulations on rulemaking
at 24 CFR part 10. Part 10, however, does provide for exceptions from
that general rule where HUD finds good cause to omit advance notice and
public participation. The good cause requirement is satisfied when the
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, in that prior public procedure is unnecessary. Public
procedure is unnecessary because this rule simply makes two technical
amendments to 24 CFR part 903 regarding the due dates for initial PHA
Plan submissions. These amendments will provide PHAs whose fiscal years
begin on January 1, 2000 with additional time to prepare their first
PHA Plans. The amendments will also benefit HUD, PHAs, and the public
by assuring that there is a uniform time period in which HUD field
offices are charged with reviewing the PHA Plan submissions, and that
field offices will have been provided appropriate and uniform guidance
prior to the review period.
V. Findings and Certifications
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. This rule only makes two
technical amendments to 24 CFR part 903 regarding the due date for
initial PHA Plan submissions by PHAs with fiscal years beginning on
January 1, 2000.
Environmental Impact
This rule is exempt from the environmental review procedures under
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) because
of the exemption under Sec. 50.19(c)(1). This rule only makes a
technical amendment to an existing regulation.
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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. No programmatic or policy changes
will result from this rule that would affect the relationship between
the Federal Government and State and local governments.
List of Subjects in 24 CFR Part 903
Administrative practice and procedure, Public housing, Reporting
and recordkeeping requirements.
For the reasons discussed in the preamble, HUD amends 24 CFR part
903 as follows:
PART 903--PUBLIC HOUSING AGENCY PLANS
1. The authority citation for part 903 continues to read as
follows:
Authority: 42 U.S.C. 1437c; 42 U.S.C. 3535(d).
2. Revise Sec. 903.3 to read as follows:
Sec. 903.3 When must a PHA submit the plans to HUD?
(a) 5-Year Plan. (1) The first PHA fiscal year that is covered by
the requirements of this part is the PHA fiscal year that begins
January 1, 2000. The first 5-Year Plan submitted by a PHA must be
submitted for the 5-year period beginning January 1, 2000. The first 5-
Year Plans are due on December 1, 1999. For PHAs whose fiscal years
begin after January 1, 2000, their 5-Year Plans are due no later than
75 days before the commencement of their fiscal year. For all PHAs,
after submission of their first 5-Year Plan, all subsequent
5-Year Plans must be submitted once every 5 PHA fiscal years, no later
than 75 days before the commencement of the PHA's fiscal year.
(2) PHAs may choose to update their 5-Year Plans every year as good
management practice. PHAs must explain any substantial deviation from
their 5-Year Plans in their Annual Plans.
(b) The Annual Plan. The first fiscal year that is covered by the
requirements of this part is the PHA fiscal year that begins January 1,
2000. The first Annual Plans are due December 1, 1999. For PHAs whose
fiscal years begin after January 1, 2000, their first Annual Plan are
due 75 days in advance of their fiscal year commencement date. For all
PHAs, after submission of their first Annual Plan, all subsequent
Annual Plans will be due 75 days in advance of the commencement of a
PHA's fiscal year.
3. Add Sec. 903.23(c) to read as follows:
Sec. 903.23 What is the process by which HUD reviews, approves, or
disapproves an Annual Plan?
* * * * *
(c) Designation of due date as submission date for initial plan
submissions. For purposes of the 75-day period described in paragraph
(b) of this section, the first 5-year and Annual Plans submitted by a
PHA will be considered to have been submitted on their due date
(December 1, 1999 or 75 days before the start of the PHA fiscal year,
as appropriate--see Sec. 903.3).
* * * * *
Dated: September 14, 1999.
Harold Lucas,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 99-24600 Filed 9-20-99; 8:45 am]
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