[Federal Register Volume 71, Number 149 (Thursday, August 3, 2006)]
[Notices]
[Pages 44038-44040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12498]


-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5030-C-21A, 22A]


Notice of HUD's Fiscal Year (FY) 2006 Notice of Funding 
Availability, Policy Requirements and General Section to SuperNOFA for 
HUD's Discretionary Grant Programs; Correction

AGENCY: Office of the Secretary, HUD.

ACTION: Super Notice of Funding Availability (SuperNOFA) for HUD 
Discretionary Grant Programs; Correction.

-----------------------------------------------------------------------

SUMMARY: On March 8, 2006, HUD published its Fiscal Year (FY) 2006 
SuperNOFA (SuperNOFA), for HUD's Discretionary Grant Programs. This 
document makes corrections to the notices of funding availability 
(NOFA) for the Section 202 Supportive Housing for the Elderly Program 
(Section 202) and the Section 811 Supportive Housing for Persons with 
Disabilities Program (Section 811). Through this notice, HUD is 
announcing that it has amended its

[[Page 44039]]

requirement for the preparation of Phase I Environmental Site 
Assessments (ESA) to permit HUD to accept as an acceptable Phase I ESA, 
either one that had been prepared based on the current American Society 
for Testing and Material (ASTM) Standard E 1527-05 or the previous 
Standard E 1527-00. Because the requirement to submit a Phase I ESA is 
a threshold issue that does not affect an applicant's scoring, HUD is 
not reopening either the Section 202 or Section 811 competitions and 
will not accept additional applications.

DATES: The application submission dates for the Section 202 and Section 
811 programs of the FY2006 SuperNOFA remain as published in the Federal 
Register on March 8, 2006.

FOR FURTHER INFORMATION CONTACT: For the programs listed in this 
notice, please contact the office or individual listed under Section 
VII of the individual program sections of the SuperNOFA, published on 
March 8, 2006.

SUPPLEMENTARY INFORMATION: On March 8, 2006 (71 FR 11712), HUD 
published its Notice of HUD's Fiscal Year (FY) 2006, SuperNOFA for 
HUD's Discretionary Grant Programs. The FY2006 SuperNOFA announced the 
availability of approximately $2.2 billion in HUD assistance. On April 
28, 2006, HUD published (71 FR 25208), a notice that further clarified 
the Section 202 and Section 811 NOFAs. This notice published in today's 
Federal Register corrects the Section 202 and Section 811 NOFAs. As 
described in further detail below, this notice announces that for both 
the Section 202 and Section 811 programs, HUD will accept as a Phase I 
ESA, either one that had been prepared based on the current ASTM E 
1527-05 or the previous E 1527-00. Since the requirement to submit a 
Phase I ESA is a threshold issue that does not affect an applicant's 
scoring, HUD is not reopening either the Section 202 or Section 811 
competitions and will not accept additional applications.

I. Changes to the Section 202 and Section 811 NOFAs

    HUD is amending its Section 202 and Section 811 NOFAs to permit HUD 
to accept Phase I ESAs that were prepared in accordance with either the 
current ASTM E 1527-05 or the previous E 1527-00. This amendment 
recognizes that the Environmental Protection Agency (EPA), in its final 
rule entitled, ``Standards and Practices for All Appropriate Inquires'' 
(70 FR 66070, November 1, 2005) provided, that until the rule's 
effective date, November 1, 2006, either ASTM Standard E 1527-00 or 
1527-05 could be used to comply with 40 CFR 312.23 through 312.31, its 
rules implementing the ``all appropriate inquiry'' (AAI) requirements 
of the Comprehensive Environmental Response Compensation and Liability 
Act (CERCLA) (42 U.S.C. 9601 et seq.).
    As a result, HUD decided to be proactive by requiring, in its 
FY2006 Section 202 and Section 811 NOFAs, that the Phase I ESA be 
prepared in accordance with ASTM Standard E 1527-05 instead of ASTM 
Standard E 1527-00. Unfortunately, many Section 202 and 811 applicants 
and the environmental professionals employed by the applicants misread, 
misinterpreted or were confused by HUD's revised Phase I requirements 
and did not perform the Phase I ESAs in accordance with ASTM Standard E 
1527-05. HUD has determined, therefore, that it would be in the 
public's best interest to amend the FY2006 Section 202 and Section 811 
NOFAs to permit HUD to accept the Phase I ESA prepared in accordance 
with either ASTM Standard E 1527-00 or ASTM Standard E 1527-05.

II. Summary of Corrections

    Section 202 Program. On page 12014, section III.C.2.b.(3)(c)(i), 
Phase I Environmental Site Assessment (ESA), third column, the 
requirement that the Phase I ESA be prepared in accordance with the 
ASTM Standard E 1527-05, as amended, is revised to require, and to 
permit HUD to accept, Phase I ESAs that have been prepared in 
accordance with either ASTM Standard E 1527-00 or E 1527-05.
    On page 12020, section IV.B.2.c.(1)(d)(vii), A Phase I 
Environmental Site Assessment (ESA), third column, the requirement that 
applicants must undertake and complete a Phase I ESA that has been 
prepared in accordance with ASTM Standard E 1527-05, as amended, and 
submit it with their Section 202 applications is amended to require, 
and to permit HUD to accept, Phase I ESAs that have been prepared in 
accordance with either ASTM Standard E 1527-00 or E 1527-05.
    Section 811 Program. On page 12035, section III.C.2.b.(3)(d)(i), 
Phase I Environmental Site Assessment (ESA), third column, the 
requirement that the Phase I ESA be prepared in accordance with the 
ASTM Standard E 1527-05, as amended, is revised to require, and to 
permit HUD to accept, Phase I ESAs that have been prepared in 
accordance with either ASTM Standard E 1527-00 or Standard E 1527-05.
    On page 12043, section IV.B.2.c.(1)(d)(vii), A Phase I 
Environmental Site Assessment (ESA), third column, the requirement that 
applicants must undertake and complete a Phase I ESA that has been 
prepared in accordance with ASTM Standard E 1527-05, as amended, and 
submit it with their Section 811 applications is amended to require, 
and to permit HUD to accept, Phase I ESAs that have been prepared in 
accordance with either ASTM Standard E 1527-00 or E 1527-05.
    Accordingly, in the Notice of HUD's Fiscal Year (FY) 2006, Notice 
of Funding Availability (NOFA), Policy Requirements and General Section 
to the SuperNOFA for HUD's Discretionary Grant Programs, beginning at 
71 FR 11712, in the issue of March 8, 2006, the following corrections 
are made.
    1. Section 202 Supportive Housing for the Elderly Program.
    On page 12014, third column, revise section III.C.2.b.(3)(c)(i) to 
read as follows:
    (i) Phase I Environmental Site Assessment (ESA). You must undertake 
and submit a Phase I ESA, prepared in accordance with ASTM Standard E 
1527-05, as amended, or ASTM Standard E 1527-00, as amended, completed 
or updated no earlier than six months prior to the application deadline 
date. The Phase I ESA must be completed and submitted with the 
application. Therefore, it is important that you start the Phase I ESA 
process as soon after publication of the SuperNOFA as possible. To help 
you choose an environmentally safe site, HUD invites you to review the 
documents ``Choosing an Environmentally Safe Site'' and ``Supplemental 
Guidance, Environmental Information,'' which are available on the HUD 
Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm.
    On page 12020, third column, revise section IV.B.2.c.(1)(d)(vii) to 
read as follows:
    (vii) A Phase I Environmental Site Assessment (ESA), in accordance 
with ASTM Standards E 1527-05, as amended, or ASTM Standard E 1527-00, 
as amended, must be undertaken and completed by you and submitted with 
the application. In order for the Phase I ESA to be acceptable, it must 
have been completed or updated no earlier than six months prior to the 
application deadline date. Therefore, it is important to start the site 
assessment process as soon after the publication of the NOFA as 
possible.
    2. Section 811 Supportive Housing for Persons with Disabilities 
Program.

[[Page 44040]]

    On page 12035, third column, revise section III.C.2.b.(3)(d)(i) to 
read as follows:
    (i) Phase I Environmental Site Assessment (ESA). You must submit a 
Phase I ESA, prepared in accordance with ASTM Standard E 1527-05, as 
amended, or ASTM Standard E 1527-00, as amended, completed or updated 
no earlier than six months prior to the application deadline date in 
order for the application to be considered as an application with site 
control. The Phase I ESA must be completed and in your application. 
Therefore, it is important that you start the Phase I ESA process as 
soon after publication of the SuperNOFA as possible. To help you choose 
an environmentally safe site, HUD invites you to review the documents 
``Choosing an Environmentally Safe Site'' and ``Supplemental Guidance, 
Environmental Information,'' which are available on the HUD Web site at 
http://www.hud.gov/offices/adm/grants/fundsavail.cfm.
    On page 12043, first column, revise section IV.B.2.c.(1)(d)(vii) to 
read as follows:
    (vii) A Phase I Environmental Site Assessment (ESA), in accordance 
with ASTM Standard E 1527-05, as amended, or ASTM Standard E 1527-00, 
as amended, must be completed and submitted with the application. In 
order for the Phase I ESA to be acceptable, it must have been completed 
or updated no earlier than six months prior to the application deadline 
date. Therefore, it is important to start the site assessment process 
as soon after the publication of the NOFA as possible.

    Dated: July 28, 2006.
Brian D. Montgomery,
Assistant Secretary for Housing--Federal Housing Commissioner.
 [FR Doc. E6-12498 Filed 8-2-06; 8:45 am]
BILLING CODE 4210-67-P