[Federal Register Volume 59, Number 32 (Wednesday, February 16, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3457]
[[Page Unknown]]
[Federal Register: February 16, 1994]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
24 CFR Parts 905, 962 and 984
[Docket No. R-94-1633; FR-2961-C-05]
RIN 2577-AB15
Family Self-Sufficiency Program; Correction
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Interim rule; correction.
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SUMMARY: On May 27, 1993 (58 FR 30858), the Department published in the
Federal Register an interim rule that implemented the requirements and
procedures that will govern local Family Self-Sufficiency programs
beginning or continuing in Federal fiscal year 1993. The Department
also published a final rule which adopted the interim rule as the final
regulations for the Family Self-Sufficiency Program, and which final
rule will be effective on May 27, 1994 (one year from the date of
publication in accordance with the program's authorizing legislation).
(The interim rule was effective 30 days from the date of publication
and solicited public comment.)
The purpose of this document is to correct technical errors
contained in the May 27, 1993 interim rule.
EFFECTIVE DATE: June 28, 1993.
FOR FURTHER INFORMATION CONTACT: For section 8 issues: Madeline
Hastings, Director, Rental Assistance Division, room 4204. Telephone
number (202) 708-2841.
For public housing management issues: Edward Whipple, Director,
Occupancy Division, room 4206. Telephone number (202) 708-0744.
For Indian Housing issues: Dominic Nessi, Director, Office of
Indian Housing, room 4140. Telephone number (202) 708-1015.
For supportive service issues: Paula Blunt, Supportive Services
Coordinator, Office of Resident Initiatives, room 4112. Telephone
number (202) 708-4214.
The address for each of these contacts is the Department of Housing
and Urban Development, 451 Seventh Street, SW., Washington, DC 20410.
The telephone numbers listed are not toll-free numbers. Hearing-
impaired persons may contact these offices via TDD by calling (202)
708-9300 or 1-(800) 877-339.
SUPPLEMENTARY INFORMATION: On May 27, 1993 (58 FR 30858), the
Department published in the Federal Register an interim rule that
implemented the requirements and procedures that will govern local
Family Self-Sufficiency (FSS) programs beginning or continuing in
Federal fiscal year (FY) 1993. The Department also published a final
rule which adopted the interim rule as the final regulations for the
Family Self-Sufficiency Program, and which final rule will be effective
on May 27, 1994 (one year from the date of publication in accordance
with the program's authorizing legislation). (The interim rule was
effective 30 days from the date of publication and solicited public
comment.)
The purpose of this document is to correct editorial errors
contained in the May 27, 1993 interim rule. The following provides a
summary of the corrections that are being made by this document.
Corrections 1 and 2. Section 106(j) of the Housing and Community
Development Act of 1992 (Pub. L. 102-550, approved October 28, 1992)
made operation of a local FSS program optional for Indian housing
authorities (IHAs) for the Indian housing program. For the Indian
housing program, the FSS rule provides that IHAs that elect to operate
local FSS programs are not subject to minimum program size requirements
as are housing agencies (HAs) other than IHAs. Note that the part 962
regulations, which are the regulations applicable to the public housing
FSS program, contain a section concerning minimum program size
requirements--24 CFR 962.105 (Minimum program size). (See table of
sections at 58 FR 30889.) No comparable section, however, is contained
in the Indian housing FSS regulations. (See table of sections at 58 FR
30883).
Two provisions in the Indian housing FSS regulations inadvertently
make reference to minimum program size requirements--paragraph (a)(2)
in Sec. 905.3020 (Program implementation) and Sec. 905.3021
(Administrative fees). (See 58 FR 30887, first column for both
citations.) The last sentence of paragraph (a)(1) of Sec. 905.3020 also
uses the phrase ``families required to be served'' (emphasis added)
which indicates that IHAs are subject to minimum program size
requirements. Accordingly, the reference to minimum program size
requirements in these two sections is incorrect, and is removed by this
notice.
In addition, Sec. 905.3021 (Administrative fees) also contains a
missing word. This section provides that the performance funding system
(PFS) shall provide for the inclusion of ``reasonable and
administrative costs.'' The correct phrase should be ``reasonable and
eligible administrative costs.''
Corrections 3, 10 and 19. In each of the three FSS rules (the
Indian housing FSS rule, the public housing FSS rule, and the section 8
FSS rule), the phrase, ``without good cause,'' should have been
inserted where the rule discusses termination of the FSS contract of
participation on the basis of the family's failure to comply with the
contract terms. Accordingly, this phrase is added to Sec. 905.3022
(b)(5) and (h)(2), Sec. 962.303 (b)(5) and (h)(2), and Sec. 984.303
(b)(5) and (i). (See, respectively, 58 FR 30887 (second column), 30894
(first column), and 30900 (third column)).
In addition to inserting the phrase ``without good cause'' in
Sec. 984.303(b)(5), the word ``without'' in paragraph (b)(5)(i) of this
section should be ``withhold.'' (See 58 FR 30900).
Correction 4. In Sec. 905.3024(b) (Total tenant payment and
increases in family income), the second ``or'' should be ``for.'' (See
58 FR 3088, second column.)
Corrections 5-8. In the definitions of ``Action plan,''
``Certification,'' ``FSS account,'' ``Program Coordinating Committee,''
and ``Self-sufficiency'' in Sec. 962.103 (Definitions), the word
``subpart'' in each definition should be ``part.'' (See 58 FR 30889,
third column, and 58 FR 30890, second and third columns.)
Correction 9. In Sec. 962.302 (Administrative fees), the word
``eligible'' should be inserted after the words ``reasonable and'' in
the fourth line of this paragraph. (See 58 FR 30893.)
Correction 11. In Sec. 962.305 (FSS account), in paragraph
(b)(1)(i), the second ``FSS'' should be followed by the word
``credit.'' (See 58 FR 30895, first column.)
Correction 12. In Sec. 962.305(c), the heading ``Disbursement
before expiration of contract term'' should be italicized to clarify
that this is the heading for this paragraph. (See 58 FR 30895, second
column.)
Correction 13. In Sec. 962.305(e), the phrase ``unless such use is
prohibited by the statute or regulations governing the particular
homeownership program'' was inadvertently omitted. (See 58 FR 30895,
third column.) This phrase is included in the comparable section in the
Indian housing FSS regulations. (See Sec. 905.3024(e) at 58 FR 30889,
first column.)
Corrections 14-17. In the definitions of ``Action plan,''
``Certification,'' ``FSS account,'' and ``Self-sufficiency'' in
Sec. 984.103 (Definitions), the word ``subpart'' in each definition
should be ``part.'' (See 58 FR 30896 middle column, and 58 FR 30897,
first and second columns.)
Correction 18. In the definition of ``FSS related service program''
in Sec. 984.103, the phrase ``of this subpart'' is unnecessary and
should be omitted. (See 58 FR 30897.)
This document will correct the above technical errors.
The Department does not intend to make any substantive amendments
to the FSS program rules until the FSS final rule becomes effective on
May 27, 1994. The Department has received 34 public comments on the May
27, 1993 FSS interim and final rules. The Department is reviewing these
comments and may consider further amendments to the FSS final rule,
after the rule becomes effective on May 27, 1994.
Accordingly, FR Doc. 93-12326, an interim rule published in the
Federal Register on May 27, 1993 (58 FR 30858), is corrected to read as
follows:
1. On pages 30886 and 30887, in Sec. 905.3020, the last sentence of
paragraph (a)(1), in the third column on page 30886, and paragraph
(a)(2), in the first column on page 30887, are corrected to read as
follows:
Sec. 905.3020 Program implementation.
(a) * * *
(1) Program start-up. * * * Full delivery of the supportive
services to be provided to the total number of families to be served
under the program need not occur within 12 months, but must occur by
the deadline set forth in paragraph (a)(2) of this section.
(2) Full enrollment and delivery of services. Except as provided in
paragraph (a)(3) of this section, the IHA must have completed
enrollment of the total number of families to be served under the FSS
program, and must have begun delivery of the supportive services within
two years from the date of notification of approval of the application
for new Indian housing units.
* * * * *
2. On page 30887, in the first column, Sec. 905.3021 is corrected
to read as follows:
Sec. 905.3021 Administrative fees.
The performance funding system (PFS), provided under section 9(a)
of the Act, shall provide for the inclusion of reasonable and eligible
administrative costs incurred by IHAs in carrying out local FSS
programs. These costs are subject to appropriations by the Congress.
3. On pages 30887 and 30888, in Sec. 905.3022, paragraph (b)(5), on
page 30887 in the second column, and paragraph (h)(2), on page 30888 in
the first column, are corrected to read as follows:
Sec. 905.3022 Contract of participation.
* * * * *
(b) * * *
(5) Consequences of noncompliance with contract. The contract of
participation shall specify that if the FSS family fails to comply with
the terms and condition of the contract of participation, without good
cause, the IHA may:
* * * * *
(h) * * *
(2) The failure of the FSS family to meet its obligations under the
contract of participation without good cause;
* * * * *
Sec. 905.3024 [Corrected]
4. On page 30888, in the second column, in Sec. 905.3024(b),
correct the word ``or'' the second time it appears to read ``for.''
Sec. 962.103 [Corrected]
5. On page 30889, in the third column, in Sec. 962.103, in the
definition of ``Action Plan,'' correct the word ``subpart'' to read
``part.''
6. On page 30890, in the first column, in Sec. 962.103, in the
definition of ``Certification,'' correct the word ``subpart'' to read
``part.''
7. On page 30890, in the third column, in Sec. 962.103, in the
definition of ``Program Coordinating Committee,'' correct the word
``subpart'' to read ``part.''
8. On page 30890, in the third column, in Sec. 962.103, in the
definition of ``Self-sufficiency,'' correct the word ``subpart'' to
read ``part.''
Sec. 962.302 [Corrected]
9. On page 30893, in the third column, in Sec. 962.302, add the
word ``eligible'' after the words ``reasonable and'' in line 4.
10. On page 30894, in the first and third column, in Sec. 962.303,
correct paragraphs (b)(5) introductory text and paragraph (h)(2) to
read as follows:
Sec. 962.303 Contract of participation.
* * * * *
(b) * * *
(5) Consequences of noncompliance with the contract. The contract
of participation shall specify that if the FSS family fails to comply,
without good cause, with the terms and conditions of the contract of
participation, which includes compliance with the public housing lease,
the PHA may:
* * * *
(h) * * *
(2) The failure of the FSS family to meet its obligations under the
contract of participation without good cause;
* * * * *
Sec. 962.305 [Correction]
11. On page 30895, in the first column, in Sec. 962.305, correct
paragraph (b)(1)(i) introductory text by adding the word ``credit''
between the words ``FSS'' and ``shall.''
12. On page 30895, in the second column, in Sec. 962.305, correct
paragraph (c)(2) by italicizing the heading--``Disbursement before
expiration of contract term.''
13. On page 30895, in the third column, in Sec. 962.305, correct
paragraph (e) to read as follows:
Sec. 962.305 FSS account.
* * * * *
(e) Use of FSS account funds for homeownership. An FSS family may
use its FSS account funds for the purchase of a home, including the
purchase of a home under one of HUD's homeownership programs, or other
Federal, State, or local homeownership programs unless such use is
prohibited by the statute or regulations governing the particular
homeownership program.
Sec. 984.103 [Corrected]
* * * * *
14. On page 30896, in the second column, in Sec. 984.103, in the
definition of ``Action plan,'' correct the word ``subpart'' to read
``part.''
15. On page 30896, in the second column, in Sec. 984.103, in the
definition of ``Certification,'' correct the word ``subpart'' to read
``part.''
16. On page 30897, in the first column, in Sec. 984.103, in the
definition of ``FSS account,'' correct the word ``subpart'' to read
``part.''
17. On page 30897, in the first column, in Sec. 984.103, in the
definition of ``FSS related service program,'' remove the phrase ``of
this subpart.''
18. On page 30897, in the second column, in Sec. 984.103, in the
definition of ``Self-sufficiency,'' correct the word ``subpart'' to
read ``part.''
19. On pages 30900 and 30901, in Sec. 984.303, correct paragraphs
(b)(5) introductory text and (b)(5)(i) on page 30900 in the third
column, and correct paragraph (i) on page 30901 in the second column,
to read as follows:
Sec. 984.303 Contract of participation.
* * * * *
(b) * * *
(5) Consequences of noncompliance with contract. The contract of
participation shall specify that if the FSS family fails to comply,
without good cause, with the terms and conditions of the contract of
participation, which includes compliance with the assisted lease, the
PHA may:
(i) Withhold the supportive services;
* * * * *
(i) Option to terminate section 8 housing and supportive service
assistance. The PHA may terminate or withhold section 8 housing
assistance, the supportive services, and the FSS family's participation
in the FSS program, if the PHA determines, in accordance with the
hearing procedures provided in 24 CFR 882.216 and 887.405, that the FSS
family has failed to comply without good cause with the requirements of
the contract of participation as provided in paragraph (b)(5) of this
section.
* * * * *
Dated: February 7, 1994.
Myra L. Ransick,
Assistant General Counsel for Regulations.
[FR Doc. 94-3457 Filed 2-15-94; 8:45 am]
BILLING CODE 4210-33-P
