[Federal Register Volume 65, Number 157 (Monday, August 14, 2000)]
[Rules and Regulations]
[Pages 49484-49485]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-20550]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 903

[Docket No. FR-4420-F-09]
RIN 2577-AB89


Public Housing Agency (PHA) Plan: Streamlined Plans

AGENCY: Office of the Assistant Secretary for Public and Indian 
Housing, HUD.

ACTION: Final rule.

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SUMMARY: This final rule adopts the amendment concerning streamlined 
PHA Plans that was published for public comment in an April 17, 2000 
HUD proposed rule. The April 17, 2000 rule also proposed amendments to 
the deconcentration of poverty component of the PHA's admission policy, 
which is part of the PHA Plan submission. The proposed amendments 
concerning a PHA's policy on deconcentration of poverty, and the public 
comments received on these amendments, are still under consideration, 
and will be addressed in a separate rulemaking. No public comments were 
received on the proposed amendment concerning submission of streamlined 
PHA Plans, and therefore, this rule makes final that amendment.

DATES: Effective Date: September 13, 2000.

FOR FURTHER INFORMATION CONTACT: Rod Solomon, Deputy Assistant 
Secretary, 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) 708-0713 (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. Background

    On April 17, 2000 (65 FR 2086), HUD published a proposed rule that 
would revise HUD's regulations in 24 CFR part 903 that implement the 
Public Housing Agency Plan to fully reflect the importance of 
deconcentration by income and affirmatively furthering fair housing in 
a PHA's admission policy, consistent with the Administration's 
directive to achieve ``One America.'' The April 17, 2000 rule also 
proposed to provide further direction to PHAs on the implementation of 
deconcentration and affirmatively further fair housing. In addition to 
these amendments, HUD proposed a change to Sec. 903.11(c) that would 
permit the Secretary of HUD to further simplify the PHA Plan submission 
for PHAs permitted to submit a streamlined plan.
    While HUD received many comments on the proposed amendments 
concerning deconcentration of poverty, no public comments were received 
on the proposed amendment to Sec. 903.11(c). HUD is still considering 
public comments on the proposed amendments concerning deconcentration 
of poverty and a final rule addressing these amendments will be issued 
separately. This rule proceeds to codify the amendment to 
Sec. 903.11(c).

II. 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 final rule, and in so 
doing certifies that this rule does not have a significant economic 
impact on a substantial number of small entities. This rule is limited 
to making a technical, simplification change to HUD's regulations in 24 
CFR 903.11, as described in this preamble.

Executive Order 13132, Federalism

    This final 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 Executive Order 
13132 (entitled ``Federalism'').

Environmental Impact

    The Finding of No Significant Impact with respect to the 
environment was prepared during the interim rulemaking stage of the PHA 
Plan rule (Docket No. FR-4420), 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. 4223). That Finding remains 
applicable to this rule, and 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 7th Street, SW, Washington, DC 20410.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4; approved March 22, 1995) (UMRA) establishes requirements for Federal 
agencies to assess the effects of their regulatory actions on State, 
local, and tribal governments, and on the private sector. This rule 
does not impose any Federal mandates on any State, local, or tribal 
governments, or on the private sector, within the meaning of the UMRA.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance numbers applicable to 
the programs affected by this rule are 14.850 and 14.855.

List of Subjects in 24 CFR Part 903

    Administrative practice and procedure, Public housing, Reporting 
and recordkeeping requirements.

    For the reasons stated in the preamble, HUD amends part 903 of 
title 24 of the Code of Federal Regulations to read as follows:

PART 903--PUBLIC HOUSING AGENCY PLANS

    1. The authority citation for 24 CFR part 903 continues to read as 
follows:

    Authority. 42 U.S.C. 1437c; 42 U.S.C. 3535(d).
    2. Section 903.11 is revised to read as follow:

[[Page 49485]]

Sec. 903.11  Are certain PHAs eligible to submit a streamlined Annual 
Plan?

    (a) Yes, the following PHAs may submit a streamlined Annual Plan, 
as described in paragraph (b) of this section:
    (1) PHAs that are determined to be high performing PHAs as of the 
last annual or interim assessment of the PHA before the submission of 
the 5-Year or Annual Plan;
    (2) PHAs with less than 250 public housing units (small PHAs) and 
that have not been designated as troubled in accordance with section 
6(j)(2) of the 1937 Act; and
    (3) PHAs that only administer tenant-based assistance and do not 
own or operate public housing.
    (b) All streamlined plans must provide information on how the 
public may reasonably obtain additional information on the PHA policies 
contained in the standard Annual Plan, but excluded from their 
streamlined submissions.
    (c) A streamlined plan must include the information provided in 
this paragraph (c) of this section. The Secretary may reduce the 
information requirements of streamlined Plans further, with adequate 
notice.
    (1) For high performing PHAs, the streamlined Annual Plan must 
include the information required by Sec. 903.7(a), (b), (c), (d), (g), 
(h), (m), (n), (o), (p) and (r). The information required by 
Sec. 903.7(m) must be included only to the extent this information is 
required for PHA's participation in the public housing drug elimination 
program and the PHA anticipates participating in this program in the 
upcoming year.
    (2) For small PHAs that are not designated as troubled or that are 
not at risk of being designated as troubled under section 6(j)(2) of 
the 1937 Act the streamlined Annual Plan must include the information 
required by Sec. 903.7(a), (b), (c), (d), (g), (h), (k), (m), (n), (o), 
(p) and (r). The information required by Sec. 903.7(k) must be included 
only to the extent that the PHA participates in homeownership programs 
under section 8(y). The information required by Sec. 903.7(m) must be 
included only to the extent this information is required for the PHA's 
participation in the public housing drug elimination program and the 
PHA anticipates participating in this program in the upcoming year.
    (3) For PHAs that administer only tenant-based assistance, the 
streamlined Annual Plan must include the information required by 
Sec. 903.7(a), (b), (c), (d), (e), (f), (k), (l), (o), (p) and (r).

    Dated: August 7, 2000.
Harold Lucas,
Assistant Secretary for Public and Indian Housing.
[FR Doc. 00-20550 Filed 8-11-00; 8:45 am]
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