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Public Housing Agency (PHA) Plan: Streamlined Plans

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 [Federal Register: August 14, 2000 (Volume 65, Number 157)]
[Rules and Regulations]
[Page 49484-49485]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14au00-8]

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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]
BILLING CODE 4210-33-P

 
 

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