2–24–00 Thursday Vol. 65 No. 37 Feb. 24, 2000 Pages 9199–9320 Book 1 of 2 Books

VerDate 16-FEB-2000 21:14 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4710 Sfmt 4710 E:\FR\FM\24FEWS.LOC pfrm04 PsN: 24FEWS

1 II Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000

The FEDERAL REGISTER is published daily, Monday through SUBSCRIPTIONS AND COPIES Friday, except official holidays, by the Office of the Federal Register, National Archives and Records Administration, PUBLIC Washington, DC 20408, under the Federal Register Act (44 U.S.C. Subscriptions: Ch. 15) and the regulations of the Administrative Committee of Paper or fiche 202–512–1800 the Federal Register (1 CFR Ch. I). The Superintendent of Assistance with public subscriptions 512–1806 Documents, U.S. Government Printing Office, Washington, DC 20402 is the exclusive distributor of the official edition. General online information 202–512–1530; 1–888–293–6498 Single copies/back copies: The Federal Register provides a uniform system for making available to the public regulations and legal notices issued by Paper or fiche 512–1800 Federal agencies. These include Presidential proclamations and Assistance with public single copies 512–1803 Executive Orders, Federal agency documents having general FEDERAL AGENCIES applicability and legal effect, documents required to be published Subscriptions: by act of Congress, and other Federal agency documents of public interest. Paper or fiche 523–5243 Assistance with Federal agency subscriptions 523–5243 Documents are on file for public inspection in the Office of the Federal Register the day before they are published, unless the issuing agency requests earlier filing. For a list of documents currently on file for public inspection, see http://www.nara.gov/ fedreg. The seal of the National Archives and Records Administration authenticates the Federal Register as the official serial publication established under the Federal Register Act. Under 44 U.S.C. 1507, the contents of the Federal Register shall be judicially noticed. The Federal Register is published in paper and on 24x microfiche. It is also available online at no charge as one of the databases on GPO Access, a service of the U.S. Government Printing Office. The online edition of the Federal Register is issued under the authority of the Administrative Committee of the Federal Register as the official legal equivalent of the paper and microfiche editions (44 U.S.C. 4101 and 1 CFR 5.10). It is updated by 6 a.m. each day the Federal Register is published and it includes both text and graphics from Volume 59, Number 1 (January 2, 1994) forward. GPO Access users can choose to retrieve online Federal Register documents as TEXT (ASCII text, graphics omitted), PDF (Adobe Portable Document Format, including full text and all graphics), or SUMMARY (abbreviated text) files. Users should carefully check retrieved material to ensure that documents were properly downloaded. On the World Wide Web, connect to the Federal Register at http:/ /www.access.gpo.gov/nara. Those without World Wide Web access can also connect with a local WAIS client, by Telnet to swais.access.gpo.gov, or by dialing (202) 512-1661 with a computer and modem. When using Telnet or modem, type swais, then log in as guest with no password. For more information about GPO Access, contact the GPO Access User Support Team by E-mail at [email protected]; by fax at (202) 512–1262; or call (202) 512–1530 or 1–888–293–6498 (toll free) between 7 a.m. and 5 p.m. Eastern time, Monday–Friday, except Federal holidays. The annual subscription price for the Federal Register paper edition is $555, or $607 for a combined Federal Register, Federal Register Index and List of CFR Sections Affected (LSA) subscription; the microfiche edition of the Federal Register including the Federal Register Index and LSA is $220. Six month subscriptions are available for one-half the annual rate. The charge for individual copies in paper form is $8.00 for each issue, or $8.00 for each group of pages as actually bound; or $1.50 for each issue in microfiche form. All prices include regular domestic postage and handling. International customers please add 25% for foreign handling. Remit check or money order, made payable to the Superintendent of Documents, or charge to your GPO Deposit Account, VISA, MasterCard or Discover. Mail to: New Orders, Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954. There are no restrictions on the republication of material appearing in the Federal Register. How To Cite This Publication: Use the volume number and the page number. Example: 65 FR 12345.

.

VerDate 16-FEB-2000 21:14 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4710 Sfmt 4710 E:\FR\FM\24FEWS.LOC pfrm04 PsN: 24FEWS

2 III

Contents Federal Register Vol. 65, No. 37

Thursday, February 24, 2000

Agriculture Department RULES See Risk Management Agency Contractor employee protection program; criteria and procedures Barry M. Goldwater Scholarship and Excellence in Correction, 9201 Education Foundation NOTICES NOTICES Environmental statements; availability, etc.: Meetings; Sunshine Act, 9242 Idaho high-level waste and facilities disposition, 9257 Energy Efficiency and Renewable Energy Office Bonneville Power Administration NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Floodplain and wetlands protection; environmental review Hydrogen Program; technical analysis efforts, 9258 determinations; availability, etc.: Snoqualmie-Lake Tradition, WA; No. 1 115-kV Environmental Protection Agency transmission line; Tanner Electric Cooperative tap, RULES 9257–9258 Air quality implementation plans; approval and promulgation; various States: Centers for Disease Control and Prevention Iowa; correction, 9221–9222 NOTICES PROPOSED RULES Agency information collection activities: Pesticide programs: Submission for OMB review; comment request, 9270– Pesticide container and containment standards, 9234– 9272 9236 Meetings: Elimination of Endemic Measles from United States, 9272 Executive Office of the President Los Alamos Historical Document Retrieval and See Presidential Documents Assessment Project Study Team, 9272–9273 Farm Credit Administration Children and Families Administration PROPOSED RULES NOTICES Farm credit system: Grants and cooperative agreements; availability, etc.: Federal Agricultural Mortgage Corporation; risk-based Head Start— capital requirements, 9223 University-Head Start Partnerships and Graduate Federal Aviation Administration Student Head Start Research Grants, 9273–9274 RULES Airworthiness directives: Coast Guard Airbus, 9209–9213 RULES Boeing, 9215–9217 Ports and waterways safety: British Aerospace, 9214–9215 Tampa Bay, FL; safety zone, 9220–9221 Empresa Brasileira de Aeronautica S.A., 9217–9219 Fokker, 9211–9212 Commerce Department PROPOSED RULES See International Trade Administration Airworthiness directives: Airbus, 9223–9227 Defense Department Class E airspace, 9227–9230 See Defense Logistics Agency NOTICES NOTICES Advisory circulars; availability, etc.: Meetings: Transport airplane fuel tank system design review, Ballistic Missile Defense Advisory Committee, 9253–9254 flammability reduction, and maintenance and Defense Partnership Council, 9254 inspection requirements; correction, C0–2262 Electron Devices Advisory Group, 9254–9255 Airport Privatization Pilot Program; applications: Military Personnel Testing Advisory Committee, 9255 Rafael Hernandez Airport, PR, 9304–9305 Privacy Act: Systems of records; correction, 9255–9256 Federal Communications Commission NOTICES Defense Logistics Agency Agency information collection activities: NOTICES Proposed collection; comment request, 9265–9266 Agency information collection activities: Submission for OMB review; comment request, 9266 Proposed collection; comment request, 9256–9257 Meetings; Sunshine Act, 9267 Radio services, special: Energy Department Fixed point-to-point microwave services 38.6 to 40.0 GHz See Bonneville Power Administration (39 GHz) band; license auction, 9310–9319 See Energy Efficiency and Renewable Energy Office Applications, hearings, determinations, etc.: See Federal Energy Regulatory Commission Qualcomm Inc., 9266–9267

VerDate 16-FEB-2000 20:16 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4748 Sfmt 4748 E:\FR\FM\24FECN.LOC pfrm11 PsN: 24FECN IV Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Contents

Federal Deposit Insurance Corporation See National Institutes of Health NOTICES NOTICES Meetings; Sunshine Act, 9267 Agency information collection activities: Proposed collection; comment request, 9269–9270 Federal Election Commission RULES Health Care Financing Administration Freedom of Information Act; implementation, 9201–9207 See Inspector General Office, Health and Human Services NOTICES Department Meetings; Sunshine Act, 9267–9268 Housing and Urban Development Department Federal Energy Regulatory Commission NOTICES NOTICES Agency information collection activities: Electric rate and corporate regulation filings: Proposed collection; comment request, 9283–9284 Black River L.P. et al., 9260–9263 Submission for OMB review; comment request, 9284– Hydroelectric applications, 9263–9265 9286 Applications, hearings, determinations, etc.: Grants and cooperative agreements; availability, etc.: ARCO Products Co. et al.; correction, C0–2368 Housing, community development, and empowerment Entergy Power Marketing Corp., 9258–9259 programs and Section 8 housing voucher assistance Koch Gateway Pipeline Co., 9259 (SuperNOFA), 9320–9989 Williams Gas Pipelines Central, Inc., 9259–9260 Indian Affairs Bureau Federal Highway Administration NOTICES NOTICES Grants and cooperative agreements; availability, etc.: Environmental statements; notice of intent: Traffic safety on Indian reservations, 9292–9294 Utah and Wasatch Counties, UT, 9305–9306 Inspector General Office, Health and Human Services Federal Maritime Commission Department NOTICES NOTICES Agreements filed, etc., 9268 Special fraud alert; publication: Ocean transportation intermediary licenses: Rental of space in physician offices by persons or entities Global Caribbean, Inc., et al., 9268–9269 to which physicians refer, 9274–9277

Federal Reserve System Interior Department RULES See Fish and Wildlife Service Credit by brokers and dealers (Regulation T): See Geological Survey Foreign margin stocks list, 9207–9209 See Indian Affairs Bureau NOTICES See Land Management Bureau Banks and bank holding companies: See Minerals Management Service Formations, acquisitions, and mergers, 9269 See National Indian Gaming Commission Meetings; Sunshine Act, 9269 See National Park Service See Reclamation Bureau Fish and Wildlife Service See Surface Mining Reclamation and Enforcement Office NOTICES NOTICES Comprehensive conservation plans; availability, etc.: Grants and cooperative agreements; availability, etc.: Crab Orchard National Wildlife Refuge, IL, 9290–9291 Tribal self-governance program— Ouray National Wildlife Refuge, UT, 9291 Programs eligible for inclusion in 2001 FY annual Endangered and threatened species permit applications, funding agreements; non-BIA bureaus, 9286–9290 9291–9292 Internal Revenue Service Food and Drug Administration RULES PROPOSED RULES Income taxes: Food for human consumption: Partnership interests; adjustments following sales; Food labeling— correction, 9220 Dietary supplements; safety issues associated with use during pregnancy; public meeting, 9230–9232 International Trade Administration NOTICES Geological Survey Antidumping: NOTICES Corrosion-resistant carbon steel flat products and cut-to- Meetings: length carbon steel plate from— Conversation with Customers on Future Science Canada, 9243–9253 Directions; listening sessions, 9292 International Trade Commission Health and Human Services Department NOTICES See Centers for Disease Control and Prevention Import investigations: See Children and Families Administration Polyethylene terephthalate film from— See Food and Drug Administration Korea, 9298 See Inspector General Office, Health and Human Services Sodium thiosulfate from— Department Various countries, 9298

VerDate 16-FEB-2000 20:16 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4748 Sfmt 4748 E:\FR\FM\24FECN.LOC pfrm11 PsN: 24FECN Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Contents V

Stainless steel butt-weld pipe fittings from— See National Institutes of Health Various countries, 9298–9299 Reclamation Bureau Labor Department NOTICES NOTICES Agency information collection activities: North American Agreement on Labor Cooperation: Submission for OMB review; comment request, 9295– Association of Flight Attendants, AFL-CIO, and 9296 Association of Flight Attendants of Mexico; Meetings: Submission No. 9901 review Glen Canyon Adaptive Management Work Group and Hearing, 9299–9300 Glen Canyon Technical Work Group, 9296–9297 Land Management Bureau NOTICES Risk Management Agency Survey plat filings: NOTICES Oregon and Washington, 9294–9295 Dairy Options Pilot Program; implementation: Availability, 9237–9242 Minerals Management Service PROPOSED RULES State Department Outer Continental Shelf; oil, gas, and sulphur operations: NOTICES International Organization for Standardization; Meetings: documents incorporated by reference; update, 9232– International Economic Policy Advisory Committee, 9234 9303–9304 National Indian Gaming Commission NOTICES Surface Mining Reclamation and Enforcement Office Indian Gaming Regulatory Act: NOTICES Fee rates, 9300 Grants and cooperative agreements; availability, etc.: Watershed Cooperative Agreement Program— National Institutes of Health Arts and Appalachian Clean Streams Program, 9297– NOTICES 9298 Meetings: National Cancer Institute, 9277–9279 Surface Transportation Board National Center for Research Resources, 9279 NOTICES National Heart, Lung, and Blood Institute, 9279–9280 Railroad operation, acquisition, construction, etc.: National Institute of Arthritis and Musculoskeletal and Maryland & Delaware Railroad Co., 9306 Skin Diseases, 9280–9281 National Institute of Environmental Health Sciences, Transportation Department 9281–9282 National Institute of General Medical Sciences, 9280– See Coast Guard 9281 See Federal Aviation Administration National Institute of Neurological Disorders and Stroke, See Federal Highway Administration 9280 See Surface Transportation Board NOTICES Scientific Review Center, 9282–9283 Aviation proceedings: National Park Service Agreements filed; weekly receipts, 9304 Meetings: NOTICES Partnership Council, 9304 National Register of Historic Places: Pending nominations, 9295 Treasury Department Nuclear Regulatory Commission See Internal Revenue Service NOTICES Decommissioning plans; sites: Twenty-First Century Workforce Commission West Valley Demonstration Project and Site, NY; policy NOTICES statement, 9300 Hearings, 9306–9307 Environmental statements; availability, etc.: Southern California Edison Co., 9301–9303 Petitions; Director’s decisions: Northeast Nuclear Energy Co. et al., 9303 Separate Parts In This Issue

Presidential Documents Part II PROCLAMATIONS Federal Communications Commission, 9310–9319 Armed Forces, U.S.: Military Selective Service Act; registration (Proc. 7275), 9199 Reader Aids Public Health Service Consult the Reader Aids section at the end of this issue for See Centers for Disease Control and Prevention phone numbers, online resources, finding aids, reminders, See Food and Drug Administration and notice of recently enacted public laws.

VerDate 16-FEB-2000 20:16 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4748 Sfmt 4748 E:\FR\FM\24FECN.LOC pfrm11 PsN: 24FECN VI Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Contents

CFR PARTS AFFECTED IN THIS ISSUE

A cumulative list of the parts affected this month can be found in the Reader Aids section at the end of this issue.

3 CFR Proclamations: 4771 (See Proc. 7275) ...... 9199 7275...... 9199 10 CFR 708...... 9201 11 CFR 2...... 9201 4...... 9201 5...... 9201 12 CFR 220...... 9207 Proposed Rules: 650...... 9223 14 CFR 39 (6 documents) ...... 9209, 9211, 9212, 9214, 9215, 9217 Proposed Rules: 39 (2 documents) ...... 9223, 9225 71...... 9227 21 CFR Proposed Rules: 101...... 9230 26 CFR 1...... 9220 602...... 9220 30 CFR Proposed Rules: 250...... 9232 33 CFR 165...... 9220 40 CFR 52...... 9221 Proposed Rules: 165...... 9234

VerDate 16-FEB-2000 20:16 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4711 Sfmt 4711 E:\FR\FM\24FELS.LOC pfrm11 PsN: 24FELS 9199

Federal Register Presidential Documents Vol. 65, No. 37

Thursday, February 24, 2000

Title 3— Proclamation 7275 of February 22, 2000

The President Registration Under the Military Selective Service Act

By the President of the United States of America

A Proclamation

Section 3 of the Military Selective Service Act, as amended (50 U.S.C. App. 453), provides that male citizens of the United States and other male persons residing in the United States who are between the ages of 18 and 26, except those exempted by sections 3 and 6(a) of the Military Selective Service Act, must present themselves for registration at such time or times and place or places, and in such manner as determined by the President. Section 6(k) provides that such exceptions shall not continue after the cause for the exemption ceases to exist. NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of America, by the authority vested in me by the Military Selective Service Act, as amended (50 U.S.C. App. 451 et seq.), do hereby proclaim as follows: Section 1. Paragraph 1–201 of Proclamation 4771 of July 2, 1980, is amended to read: ‘‘1–2. Places and Times for Registration. 1–201. Persons who are required to be registered and who are in the United States shall register at the places and by the means designated by the Director of Selective Service. These places and means may include but are not limited to any classified United States Post Office, the Selective Service Internet web site, telephonic registration, registration on approved Government forms, registration through high school and college registrars, and the Selective Service reminder mailback card.’’ Sec. 2. Paragraph 1–202 of Proclamation 4771 of July 2, 1980, is amended to read: ‘‘1–202. Citizens of the United States who are required to be registered and who are not in the United States, shall register via any of the places and methods authorized by the Director of Selective Service pursuant to paragraph 1–201 or present themselves at a United States Embassy or Con- sulate for registration before a diplomatic or consular officer of the United States or before a registrar duly appointed by a diplomatic or consular officer of the United States.’’ IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of February, in the year of our Lord two thousand, and of the Independ- ence of the United States of America the two hundred and twenty-fourth. œ–

[FR Doc. 00–4559 Filed 2–23–00; 8:45 am] Billing code 3195–01–P

VerDate 162000 16:28 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\24FED0.SGM pfrm11 PsN: 24FED0 9201

Rules and Regulations Federal Register Vol. 65, No. 37

Thursday, February 24, 2000

This section of the FEDERAL REGISTER § 708.43. Does this rule impose an rules published today in part conform contains regulatory documents having general affirmative duty on DOE contractors not to these rules to the new EFOIA applicability and legal effect, most of which retaliate? requirements and in part reflect issues are keyed to and codified in the Code of * * * * * that have arisen since the rules were Federal Regulations, which is published under originally adopted. 50 titles pursuant to 44 U.S.C. 1510. Dated: February 16, 2000. George B. Breznay, The Commission’s FOIA rules are found at 11 CFR Part 4, while access to The Code of Federal Regulations is sold by Director, Office of Hearings and Appeals. the Superintendent of Documents. Prices of documents made public by the [FR Doc. 00–4346 Filed 2–23–00; 8:45 am] new books are listed in the first FEDERAL Commission’s Public Disclosure REGISTER issue of each week. BILLING CODE 6450±01±P Division is governed by 11 CFR Part 5. The revisions published today affect 11 CFR 4.1, 4.4, 4.5, 4.7, 5.1 and 5.4. In DEPARTMENT OF ENERGY FEDERAL ELECTION COMMISSION addition, the Commission is making technical amendments to 11 CFR 2.2 10 CFR Part 708 11 CFR Parts 2, 4 and 5 and 2.5, sections of its Government in RIN 1901±AA78 [Notice 2000±3] Sunshine regulations. The Notice of Proposed Rulemaking Criteria and Procedures for DOE Electronic Freedom of Information Act (‘‘NPRM’’) on these rules was published Contractor Employee Protection Amendments in the Federal Register on March 4, Program; Correction 1999. 64 FR 10405. The Commission AGENCY: Federal Election Commission. received one joint comment in response AGENCY: Office of Hearing and Appeals, ACTION: Final rules and statement of to the NPRM, from Public Citizen and Department of Energy. basis and purpose. the Freedom of Information ACTION: Final rule; correction. Clearinghouse. This comment is SUMMARY: The Electronic Freedom of discussed in more detail below. SUMMARY: The Department of Energy Information Act Amendments of 1996, published a final rule on February 9, which amended the Freedom of Statement of Basis and Purpose 2000, to amend 10 CFR Part 708, the Information Act, were designed to make EFOIA requires agencies to make DOE contractor employee protection government documents more accessible covered records available by electronic program (‘‘whistleblower’’) regulations. to the public in electronic form. The means. The Commission fully supports DOE previously adopted an interim amendments also expedite and this goal and fulfills the bulk of its FOIA final rule amending Part 708, which was streamline the process by which requests electronically. For example, published on March 15, 1999, and agencies disclose information generally. during calendar year 1998, of the 462 amended on July 12, 1999. This The Commission is revising its Freedom FOIA requests that the Commission document corrects an error in the final of Information Act regulations both to granted in their entirety, 424 were for rule. comply with these new requirements on-line computer access.1 DATES: This final rule is effective on and to address issues that have arisen The Commission’s home page on the March 10, 2000. since the rules were originally adopted. World Wide Web, www.fec.gov, FOR FURTHER INFORMATION CONTACT: DATES: These rules will become effective contains a wide range of information on Roger Klurfeld, or Thomas O. Mann, on March 27, 2000 Commission policies and procedures, as telephone: (202) 426–1449; e-mail: FOR FURTHER INFORMATION CONTACT: Ms. well as campaign finance data. The [email protected], Rosemary C. Smith, Assistant General material available includes summaries [email protected]. Counsel, or Ms. Rita A. Reimer, and searchable databases of campaign SUPPLEMENTARY INFORMATION: This Attorney, 999 E Street, NW, contributions; the FEC newsletter, the document makes a correction to a final Washington, DC 20463, (202) 694–1650 Record; candidate and committee rule that was published in the Federal or (800) 424–9530 (toll-free). Campaign Guides, reporting forms, and Register on February 9, 2000 (65 FR SUPPLEMENTARY INFORMATION: The other FEC publications; news releases 6314). In that rulemaking, an error was Freedom of Information Act (‘‘FOIA’’) and media advisories; statistics and data made in a section heading numbering. provides for public access to all federal on voting and elections; the text of the In rule FR document 00–2797, agency records except those that are Commission’s regulations; FEC beginning on page 6314, in the issue of protected from release by specified Advisory Opinions extending back to Wednesday, February 9, 2000, make the exemptions. 5 U.S.C. 552. In 1996, 1977; summaries of court cases to which following correction: Congress enacted the ‘‘Electronic the Commission was a party; and images Freedom of Information Act of campaign finance reports filed by PART 708Ð[CORRECTED] Amendments of 1996’’ (‘‘EFOIA’’), 1 Public Law 101–231, 110 Stat. 2422. Of the 486 FOIA requests received in 1998, only § 708.40 [Corrected] 24 were denied. Ten of these were denied because EFOIA extended coverage of the FOIA the Commission did not have records responsive to 1. On page 6319, in the third column, to electronic records and made other the requests; thirteen requests were denied because correct amendatory instruction 5 to read changes in FOIA procedures that the Commission had already placed the requested as follows: records on the public record prior to the filing of expedite and streamline the process by the requests, pursuant to 11 CFR 4.4; and one 5. A new Section 708.43 is added as which agencies disclose information. request was denied due to exempt documents, as follows: The revisions to the Commission’s FOIA stipulated under 11 CFR 4.5.

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 9202 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations candidates for the House, presidential Section 2.2 Definitions 437f(d) and 11 CFR 112.2. Because these campaigns, and other political The Commission is revising paragraph records are made publicly available committees, as well as reports filed by 2.2(b), a part of its Government in the pursuant to the Federal Election the Democratic Senatorial Campaign Sunshine regulations, to delete an Campaign Act (‘‘FECA’’), requests for Committee and the National Republican obsolete reference to the Secretary of the them generally are not processed under Senatorial Committee. Senate, the Clerk of the House, or their FOIA—requesting them under FOIA The revised site includes a Site Index designees ex officio from the definition may even cause the requester to lose (alphabetical listing of information on of ‘‘Commissioner.’’ These offices were time in gaining the needed information. the site), a ‘‘What’s New’’ scrolling declared unconstitutional in FEC v. Consequently, the Commission has menu, daily highlights, and publications NRA Political Victory Fund, 6 F.3d 821 restructured and revised parts of written in Spanish. The site also (D.C. Cir. 1993), cert. dismissed for want paragraph 4.4(a), which deals with the includes the Commission’s annual FOIA of jurisdiction, 513 U.S. 88 (1994). availability of records under FOIA, to Report, submitted to Congress pursuant reflect this situation. Section 2.5. Procedures for Closing to 5 U.S.C. 552(e), detailed information Section 4.4(a) as formerly written Meetings covered both FOIA sections 5 U.S.C. on how to submit a FOIA request, and 552(a)(2) and 552(a)(3). Section a publication, Availability of FEC The Commission is also deleting a 552(a)(2) encompasses final opinions, Information, which fulfills the agency’s phrase referring to these ex officio including concurring and dissenting responsibilities under 5 U.S.C. 552(g) to members from paragraph (a) of this opinions, as well as orders, made in the ‘‘prepare and make publicly available section. adjudication of cases; statements of upon request, reference material or a Section 4.1 Definitions policy and interpretations which have guide for requesting records or The Commission is revising paragraph been adopted by the Commission but information from the agency.’’ 4.1(b) to delete an obsolete reference to are not published in the Federal The Commission is continuing to add congressional officials who no longer Register; and administrative staff information to this site. For example, serve on the Commission. See manuals and instructions to staff that campaign finance reports filed by discussion of 11 CFR 2.2, supra. affect a member of the public. Section Senate candidates and committees that Consistent with EFOIA, the 552(a)(3) includes all other documents support them will be added as soon as Commission is revising the definition of covered by the FOIA, that is, all copies of those reports, which are filed search found at paragraph 4.1(h) to documents that are not subject to one or with the Secretary of the Senate clarify that this encompasses all time more of the exceptions set forth at 5 pursuant to 2 U.S.C. 432(g)(1), are made spent reviewing Commission records, U.S.C. 552(b). available to the Commission in a form whether manually or by automated Paragraphs 11 CFR 4.4(a)(1)–(3), that can be imaged onto the site. means. 5 U.S.C. 552(a)(3)(D). The which are largely unchanged, refer to The Commission recently redesigned Commission is also adding new material covered by 5 U.S.C. 552(a)(2), its web site by reorganizing the available paragraph 4.1(o), which states that the while former paragraphs 4.4(a)(4)–(15) information in a more efficient term record and any other term used in listed other agency documents. The presentation. It has also implemented 11 CFR part 4 in reference to NPRM noted that this latter listing Media-Independent Presentation information maintained by the might not have included all covered Language, technology designed to allow Commission includes any pertinent documents. It was also overinclusive, persons with special needs to access information that is maintained in an since it covered materials that are also many types of information using a wide electronic format. available from the Commission’s Public Disclosure Division. See former 11 CFR variety of hardware and software Section 4.4 Availability of Records solutions. 4.4(b). The Commission has therefore The Commission is a full disclosure replaced the listing of covered The Commission’s 1999 publication, agency that routinely places numerous documents in former paragraphs Availability of FEC Information, supra, categories of records on the public 4.4(a)(4)–(15) with a general statement provides a detailed listing of the types record, consistent with the rights of in new paragraph 4.4(b) that, in of documents available from the FEC, individuals to privacy; the rights of accordance with 5 U.S.C. 552(a)(3), the including those available under FOIA, persons contracting with the Commission will make available, upon as well as directions on how to locate Commission with respect to trade secret proper request, all non-exempt Agency and obtain them. This publication is and commercial or financial records, or portions of records, that have available from the Public Records Office information; and the need for the not previously been made public and also appears on the FEC web site. Commission to promote free internal pursuant to 5 U.S.C. 552(a)(1) and (a)(2). The Commission also makes policy deliberations and to pursue its Former paragraph 4.4(b), which noted numerous documents available through official activities without undue that public access to the materials listed its electronic FAXLINE, 202–501–3413. disruption. Examples of categories of in former paragraphs 4.4(a)(3) and Information on documents available records made publicly available by the (a)(10)–(15) are also available under the through the FAXLINE can be found in Commission that do not require a FOIA FECA from the Public Disclosure a FAXLINE menu (document #411), on request include campaign finance Division, has been repealed, because the Commission’s web site, in the above reports, which are placed on the public some of these provisions are being publication, or by calling the record within 48 hours of receipt at the replaced by language in 11 CFR 5.4, Commission’s Public Records Office at Commission, as required by 2 U.S.C. while other provisions duplicate 1–800–424–9530, extension #3 (toll free) 438(a)(4); investigative files in closed language found elsewhere in the or 202–694–1120. That Office also enforcement matters, which are placed regulations.2 responds to E-mail requests at on the public record within 30 days of [email protected]. The Commission’s the date of the close-out letter, as 2 Records that an agency has previously made Information Division can be reached at required under 2 U.S.C. 437g(a)(4)(B)(ii) available to the public under section 552(a)(2) need not be released again in response to a FOIA request 1–800–424–9530, ext. #1 (toll free), or and 11 CFR 111.20(a); and requests for made pursuant to section 552(a)(3). Department of 202–694–1100. advisory opinions pursuant to 2 U.S.C. Justice v. Tax Analysts, 492 U.S. 136, 152 (1989).

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations 9203

The Commission is not revising available to the general public the (D.C. Cir. l984), and Paisley v. CIA, 712 paragraphs (a)(1) or (a)(2) of section 4.4. additional documents referenced in F.2d 686, 691 (D.C. Cir. 1983), in urging The Commission is revising paragraph EFOIA at 5 U.S.C. 552(a)(2)(E). In the Commission to end its practice of (a)(3), however, to delete language particular, the Commission’s routinely referring such requests to the referring to Commission votes to take no publication, Availability of FEC issuing agency. However, these cases further action in an enforcement action, Information, discussed supra, which is reflect the minority view. The which sometimes but not always occurs available on the Commission’s web site, Department of Justice’s Freedom of in connection with a decision to close was prepared in response to this new Information Act Guide & Privacy Act a file. For example, if the Commission EFOIA requirement. Overview, Sept. 1998 Edition, at 25–26 votes to accept a conciliation agreement, In addition to the above activity, the and accompanying notes, directs this serves to end the matter—there is comment urged the Commission to put agencies to consult with other agencies no vote as such to take no further action in place the Government Information whenever a FOIA request implicates in the case. A further revision clarifies Locator System required by the those agencies’ documents. However, that all respondents must be notified of Paperwork Reduction Act of 1995 at 44 ‘‘[w]hen entire records originating with the Commission’s action before this 30- U.S.C. 3511. The Commission declines another agency or component are day period for the Commission to make to do this, because it is statutorily located, those records ordinarily should these records public begins to run. exempt from coverage under that Act. be referred to their originating agency In addition, the material in former See 44 U.S.C. 3502(1). for its direct response to the requester.’’ paragraphs 4.4(a)(4), dealing with letter As requested by the comment, the See also Crooker v. United States Parole requests for guidance 3 and the Commission is adding new paragraph Commission, 730 F.2d 1, 4–5 and n. 3 Commission’s responses thereto; 4.4(g) to alert the public to the (1st Cir. 1984). Consequently, the 4.4(a)(5), minutes of Commission Commission’s web site and the wealth Commission concludes that its current meetings; 4.4(a)(6), material routinely of information it contains. However, the practice and regulatory language comply prepared for public distribution; and 4.4 Commission is not providing in its with the pertinent law. (a)(14), audit reports discussed in public regulations a detailed listing of available Section 4.7 Requests for Records session, has been moved to revised 11 material, as suggested by the CFR 5.4(a), the appropriate location for commenters, since new information is EFOIA requires covered agencies to information available from the added to the web site on an ongoing provide requested records in any form Commission’s Public Disclosure basis, and because the Commission’s or format requested, if the record is Division. Former paragraphs 4.4(a)(7), 1999 brochure, Availability of FEC readily reproducible by the agency in proposals submitted in response to a Information, provides a detailed list of that form or format. Each agency must request for proposals under Federal available material—precisely the sort make reasonable efforts to maintain its Procurement Regulations; 4.4(a)(8), suggested by the commenters. records in forms or formats that are contracts for goods and services entered reproducible electronically, and to into by the Commission; and 4.4(a)(13), Section 4.5 Categories of Exemptions search for requested records in studies published by the Commission’s Estimates of the Volume of Materials electronic form or format, except when such efforts would significantly Office of Election Administration, have Denied been deleted, since this material is interfere with the operation of the covered by the new general language in EFOIA at 5 U.S.C. 552(a)(6)(F) agency’s automated information system. paragraph 4.4(b). Finally, paragraph requires that agency responses denying 5 U.S.C. 552(a)(3)(B), (C). 4.4(a)(9), statements and certifications exempt information include an estimate The Commission is removing and required by the Government in the of the volume of any responsive reserving former paragraph 4.7(a), Sunshine Act, 5 U.S.C. 552b, has been documents the agency is withholding. It which advises interested parties on how repealed, as these documents are also requires that when an agency to obtain records from the Commission’s covered by the Commission’s Sunshine withholds only a portion of a record, the Public Records Office, since those regulations, 11 CFR part 2. response indicate the amount of records are no longer covered by 11 CFR Consistent with new 5 U.S.C. information deleted from the released part 4. Identical information is 552(1)(2)(D) and (E), the Commission is record; and that, where possible, this be contained in 11 CFR 5.5, which revising paragraphs (a)(4) and (5) of noted at the place of the deletion. 5 concerns access to records that may be section 4.4 to include new material that U.S.C. 552(b)(9). Paragraph 4.5(c) of the obtained from the Commission’s Public will be made available under EFOIA. Commission’s regulations has been Disclosure Division. That language has The new categories include copies of all revised to implement this new not been revised. records that have been released to any requirement. The Commission is redesignating person in response to a previous FOIA The NPRM proposed no changes to former paragraph 4.7(b), addressing request and that the Commission the Commission’s rules at 11 CFR 4.5(d), what must be contained in a FOIA determines have become, or are likely to which address other agencies’ records or request, as paragraph 4.7(b)(1) and become, the subject of subsequent subject matter to which a government adding new paragraph 4.7(b)(2) to requests for substantially the same agency other than the Commission has comply with this new requirement. The records; and a general index of these exclusive or primary jurisdiction. This new language requires requests for records. The Commission is also regulation states that, when a FOIA Commission records to specify the revising the first sentence of paragraph request seeking such records is received, preferred form or format, including 4.4(c), to include within the listing of the request ‘‘shall be promptly referred electronic formats, for the agency’s indexes and supplements it makes by the Commission to that agency for response. The Commission will disposition or guidance as to accommodate requesters as to form or 3 Letter requests for guidance are letters that disposition.’’ format if the record is readily available appear to be advisory opinion requests but do not The joint comment cites McGehee v. in that form. If a requester does not meet the requirements of 2 U.S.C. 437f and 11 CFR Part 112. In appropriate cases Commission staff CIA, 697 F.2d 1095, 1119 (D.C. Cir. specify the form or format of the respond to these requests with information and 1983), vacated in part, mot. to intervene response, the Commission will respond guidance. granted, reh’g granted, 724 F.2d 201 in the form or format in which the

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 9204 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations document is most accessible to the request; and the need to consult with expedited processing of FOIA requests Commission. another agency or among two or more in cases of ‘‘compelling need’’ and in Commission offices that each have a other cases, if any, determined by the 1. Time Limit for Responding to substantial subject matter interest in the agency. 5 U.S.C. 552(a)(6)(E)(i). The Requests records. 5 U.S.C. 552(a)(6)(B)(iii) [former statute specifies two categories of EFOIA lengthened the time within section 552(a)(6)(B)]. ‘‘compelling need.’’ The first is where a which agencies must determine whether New paragraph 4.7(e) implements this failure to obtain requested records on an to comply with a FOIA request from ten statutory provision. As EFOIA requires, expedited basis could reasonably be to twenty working days. 5 U.S.C. the regulation provides that requests expected to pose an imminent threat to 552(a)(6)(A)(i). Paragraph 4.7(c) has will be aggregated only when the the life or physical safety of an been revised to conform the Commission ‘‘reasonably believes that individual. The second involves a Commission’s regulations to this new such requests actually constitute a request made by a person primarily time limit. single request’’ and the requests engaged in disseminating information In addition, the Commission is ‘‘involve clearly related matters.’’ 5 who shows there is an urgent need to revising the first sentence of paragraph U.S.C. 552(a)(6)(B)(iv). inform the public concerning actual or 4.7(c) to conform with 5 U.S.C. 3. Multitrack Processing alleged federal government activity. 5 552(a)(6)(A). The statutory language U.S.C. 552(a)(6)(E)(v). The statute also provides that each agency shall EFOIA authorizes agencies to sets out procedures for handling determine within twenty days after the promulgate regulations providing for requests for expedited processing and receipt of a FOIA request whether to multitrack processing of requests for for the judicial review of agency denials comply with the request. However, the records based on the amount of work of such requests. 5 U.S.C. former regulation stated that the and/or time involved in processing 552(a)(6)(E)(ii)–(iv). Commission would provide the requests. 5 U.S.C. 552(a)(6)(D)(i). Under New paragraph 4.7(g) implements requested records within ten days. this approach, requests for records EFOIA’s expedited processing Given the Commission’s workload and where little work or time is required requirements. The Commission the volume of FOIA requests, the will be placed on a faster track, and emphasizes that, in keeping with Commission believes the statutory therefore handled more quickly, than Congress’ express intent that the timeframe is more realistic than that those which entail more work. The specified criteria for compelling need included in the former rule. statute further permits agencies to ‘‘be narrowly applied,’’ expedited Accordingly, the revised regulation include in their regulations a provision processing will be granted only in those states that the Commission will granting a FOIA requester whose request truly extraordinary cases that meet the determine within 20 days after receiving does not qualify for the fastest specific statutory requirements. H.R. a FOIA request whether to comply with multitrack processing an opportunity to Rep. No. 795, 104th Cong., 2d Sess. 26 that request. limit the scope of the request in order (1996) (‘‘House Report’’). The legislative The FOIA at 5 U.S.C. 552(a)(6)(B) to qualify for faster processing. 5 U.S.C. history makes it clear that ‘‘the permits agencies, upon written notice to 552(a)(6)(D)(ii). expedited process procedure is intended the requester, to extend the time limit The Commission believes that to be limited to circumstances in which for responding to a request or deciding multitrack processing is the most a delay in obtaining information can an appeal of a denial of a request for not efficient and fair way to process FOIA reasonably be foreseen to cause a more than ten working days, if ‘‘unusual requests. If requests are processed on a significant adverse consequence to a circumstances’’ exist for the extension. strict first in, first out basis, easily filled recognized interest.’’ Id. EFOIA did not revise the definition of requests will be processed only after A requester seeking expedited ‘‘unusual circumstances,’’ but it did earlier received, complex requests for processing under the ‘‘imminent threat’’ revise that section to permit agencies to dozens of documents located in offices category of the ‘‘compelling need’’ further extend the response time by throughout the Commission. definition will have to show that the notifying the requesters and providing Accordingly, the Commission is failure to obtain expeditiously the them with an opportunity to either limit adopting new paragraph 4.7(f) to requested information threatens the life the scope of the request so that no provide for multitracking and to or safety of an individual, and that the extension is needed, or to arrange with establish a mechanism whereby threat is ‘‘imminent.’’ The fact that an the agency an alternative time frame for requesters may seek to have their individual or his or her attorney needs processing the request. 5 U.S.C. requests processed more rapidly. information for an approaching 552(a)(6)(B)(ii). New paragraph 4.7(d) The commenters urged the litigation deadline is not a ‘‘compelling implements this statutory procedure. Commission to not only adopt a need’’ under this provision. multitrack processing system, but also A requester seeking expedited 2. Aggregation of Requests to specify the guidelines it will follow processing under the second, ‘‘urgency EFOIA authorizes agencies to in placing requests on the various to inform,’’ category will have to show promulgate regulations providing for the tracks. Contrary to the commenters’ that he or she is ‘‘primarily engaged in aggregation of related requests by the assertion, the adoption of a multitrack disseminating information;’’ there is an same requester or a group of requesters system itself is discretionary, as is the ‘‘urgency to inform the public’’ about acting in concert when the requests inclusion of specific standards in the the information requested; and the would, if treated as a single request, regulatory text. The Commission rarely information relates to an ‘‘actual or present ‘‘unusual circumstances.’’ 5 encounters difficulties in meeting FOIA alleged federal government activity.’’ U.S.C. 552(a)(6)(B)(iv). Such deadlines and believes a flexible To meet the first ‘‘urgency to inform’’ circumstances include the need to approach is the best way to address this criterion, the requester must show that search for and collect the requested situation. his or her principal occupation is records from diverse locations; the need disseminating information to the public. to search for, collect, and examine 4. Expedited Processing As the legislative history makes clear, voluminous separate and distinct EFOIA requires each agency to ‘‘[a] requester who only incidentally records which are demanded in a single promulgate regulations providing for the engages in information dissemination,

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations 9205 besides other activities, would not not qualify for its treatment.’’ House The remainder of the section has been satisfy this requirement.’’ Id. Report at 26. Consequently, the revised to mirror the changes made to To meet the second ‘‘urgency to Commission does not believe the receipt 11 CFR 4.4, supra, addressing records inform’’ criterion, the requester must of five similar requests is sufficient to that are available from the Public show more than a general interest in the trigger this process. Disclosure Division and thus are not ‘‘public’s right to know.’’ See id. As The Commission notes that it rarely made available in response to a FOIA explained in the legislative history, a receives more than a single request for request. Former 11 CFR 4.4(a)(4), which requester must show that a delay in the the same records. It has never received pertains to letter requests for guidance release of the requested information will five, much less 50, requests for the same and responses thereto, has been moved ‘‘compromise a significant recognized material. Should that occur in the to new paragraph 5.4(a)(5); former 11 interest,’’ and that the requested future, this may be a factor used to CFR 4.4(a)(5), minutes of Commission information ‘‘pertain(s) to a matter of advance processing of such requests meetings, has been moved to new current exigency to the American under the multitrack system. paragraph 5.4(a)(6); former 11 CFR public.’’ Id. (emphasis added). It will, As required by EFOIA at 5 U.S.C. 4.4(a)(6), material routinely prepared for therefore, be insufficient to base a 552(a)(6)(E)(iii), the Commission’s rules public distribution, e.g., campaign showing of ‘‘compelling need’’ on a at 11 CFR 4.7(g)(5) state that the guidelines, the FEC Record, press reporter’s desire to inform the public of Commission will process requests to releases, speeches, [and] notices to something he or she believes might be grant expedited processing ‘‘as soon as candidates and committees, has been of public concern if it were publicized. practicable.’’ The Commission will also moved to new paragraph 5.4(a)(7); Rather, a reporter must show that the give priority to these requests. former 11 CFR 4.4(a)(14), audit reports, information pertains to a subject if discussed in open session, has been currently of significant interest to the 5. Redesignations moved to new paragraph 5.4(a)(8); and public and that delaying the release of The Commission is redesignating former 11 CFR 4.4(a)(15), agendas for the information would harm the former section 4.7(d) as new section Commission meetings, has been moved public’s ability to assess the subject 4.7(h) and former section 4.7(e) as new to new paragraph 5.4(a)(9). governmental activity. Please note that, in keeping with its The final ‘‘urgency to inform’’ section 4.7(i). The paragraphs set forth criterion makes it clear that the appeal rights of persons denied access status as a full disclosure agency, the information must relate to the activities to records, and the date of receipt of a Commission defines these terms of the Commission and Commission request, which is the date on which the broadly, to grant the widest possible staff. A request for expedited processing Commission’s FOIA officer actually access to Commission materials. For can thus be considered for information receives the request, respectively. The example, the term ‘‘campaign relating, for example, to a Commission text of these paragraphs has not been guidelines’’ includes not only those decision. The Commission generally changed. publications called ‘‘Campaign Guides,’’ but also other publications that contain will not, however, grant a request for Section 5.1 Definitions expedited processing of information that useful information to those involved or the Commission has collected regarding The Commission is revising paragraph interested in federal campaigns. These specific candidates, campaigns or (b) of section 5.1 to delete an obsolete include such publications as the political committees. reference to congressional officials who Commission’s Guideline for EFOIA also authorizes agencies to no longer serve as ex officio members of Presentation in Good Order, which expand the categories of requests the Commission. See discussion of 11 explains how campaigns seeking qualifying for expedited processing CFR 2.2, supra. matching funds under the Presidential Primary Matching Payment Account beyond the two specified in the statute. Section 5.4 Availability of Records 5 U.S.C. 552(a)(6)(E)(i)(II). The joint Act, 26 U.S.C. 9035 et seq., and other comment urged the Commission to This section lists the types of records publications to assist publicly-financed provide expedited service whenever it that are available from the campaigns. The term also includes receives five or more requests for Commission’s Public Records Office. brochures addressing a wide range of substantially the same records, and gave Paragraph (a)(4) has been revised to campaign-related topics, including, for the hypothetical of fifty or more clarify that Opinions of Commissioners example, which communications requesters waiting their turn to receive rendered in enforcement cases, as well require a disclaimer, and how identical or nearly-identical as non-exempt General Counsel’s partnerships are treated under the information. Reports, and investigatory materials will FECA. It is clear from the legislative history be placed on the public record no later Certification of No Effect Pursuant to 5 that Congress intended to narrowly limit than 30 days from the date on which all U.S.C. 605(b) (Regulatory Flexibility the ‘‘compelling need’’ standard. The respondents are notified that the Act) House Report gives as an example of Commission has voted to close the file. such need Department of Justice The term ‘‘Opinions of Commissioners The attached final rules will not have procedures that permit expedited access rendered in enforcement cases’’ a significant economic impact on a ‘‘if a delay would result in the loss of includes not only Statements of Reasons substantial number of small entities. substantial due process rights and the but any other document a Commissioner Most of the changes conform to information sought is not otherwise might author in this regard. The revision statutory amendments that expand the available in a timely manner.’’ House deletes language referring to options available to covered entities Report at 26, n. 39. As that Report Commission votes to take no further seeking to obtain records from the further explains, ‘‘Given the finite action, which, as explained above, does Commission under the Freedom of resources generally available for not always occur in connection with a Information Act, while others clarify the fulfilling FOIA requests, unduly decision to close a file. It also clarifies Commission’s current rules in this area. generous use of the expedited that all respondents must be notified of Therefore the rules will not have a processing procedure would unfairly the Commission’s action before this 30- significant economic effect on a disadvantage other requesters who do day period begins to run. substantial number of small entities.

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 9206 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations

List of Subjects (h) Search means all time spent April 15, 1975 as required by 5 U.S.C. reviewing, manually or by automated 552(a)(2)(C) and (E). * * * 11 CFR Part 2 means, Commission records for the * * * * * Sunshine Act. purpose of locating those records that (g) The Commission encourages the 11 CFR Part 4 are responsive to a FOIA request, public to explore the information including page-by-page or line-by-line available on the Commission’s World Freedom of information. identification of material within Wide Web site, located at http:// 11 CFR Part 5 documents. Search time does not www.fec.gov. The site includes a include review of material in order to Archives and records. Commission publication, Availability of determine whether the material is FEC Information, which provides a For the reasons set forth in the exempt from disclosure. detailed listing of the types of preamble, Chapter I of Title 11 of the * * * * * documents available from the FEC, Code of Federal Regulations is amended (o) Record and any other term used in including those available under FOIA, to read as follows: this part in reference to information and directions on how to locate and PART 2ÐSUNSHINE REGULATIONS; includes any information that would be obtain them. MEETINGS a Commission record subject to the 7. Section 4.5 is amended by revising requirements of this part when paragraph (c) to read as follows: 1. The authority citation for part 2 maintained by the Commission in any continues to read as follows: format, including an electronic format. § 4.5 Categories of exemptions. * * * * * Authority: Sec. 3(a), Pub. L. 94–409, 5 6. Section 4.4 is amended by revising (c) Any reasonably segregable portion U.S.C. 552b. paragraphs (a) and (b) and the first of a record shall be provided to any sentence of paragraph (c), and adding 2. Section 2.2 is amended by revising person requesting such record after new paragraph (g) to read as follows: paragraph (b) to read as follows: deletion of the portions which are § 2.2 Definitions. § 4.4 Availability of records. exempt. The amount of information * * * * * (a) In accordance with 5 U.S.C. deleted shall be indicated on the (b) Commissioner or Member. 552(a)(2), the Commission shall make released portion of the record, unless Commissioner or Member means an the following materials available for including that indication would harm individual appointed to the Federal public inspection and copying: an interest protected by an exemption in paragraph (a) of this section under Election Commission pursuant to 2 (1) Statements of policy and which the deletion is made. If U.S.C. 437c(a), but does not include a interpretation which have been adopted technically feasible, the amount of the proxy or other designated representative by the Commission; of a Commissioner. information deleted shall be indicated at (2) Administrative staff manuals and the place in the record where such * * * * * instructions to staff that affect a member deletion is made. 3. Section 2.5 is amended by revising of the public; * * * * * paragraph (a) to read as follows: (3) Opinions of Commissioners rendered in enforcement cases, General 8. Section 4.7 is amended by § 2.5 Procedures for closing meetings. Counsel’s Reports and non-exempt 2 removing and reserving paragraph (a); (a) General. No meeting or portion of U.S.C. 437g investigatory materials shall redesignating paragraph (b) as paragraph a meeting may be closed to the public be placed on the public record of the (b)(1); adding new paragraph (b)(2); observation under this section unless a Agency no later than 30 days from the revising the first sentence of paragraph majority of the Commissioners votes to date on which all respondents are (c); redesignating paragraph (d) as take such action. The closing of one notified that the Commission has voted paragraph (h); redesignating paragraph portion of a meeting shall not justify to close such an enforcement file; (e) as paragraph (i); and adding new closing any other portion of a meeting. (4) Copies of all records, regardless of paragraphs (d), (e), (f) and (g), to read as * * * * * form or format, which have been follows: released to any person under this § 4.7 Requests for records. PART 4ÐPUBLIC RECORDS AND THE paragraph (a) and which, because of the FREEDOM OF INFORMATION ACT (a) [Reserved] nature of their subject matter, the (b) (1) * * * agency determines have become or are 4. The authority citation for part 4 (2) Requests for Commission records likely to become the subject of continues to read as follows: and copies thereof shall specify the subsequent requests for substantially the preferred form or format (including Authority: 5 U.S.C. 552, as amended. same records; and electronic formats) of the response. The 5. Section 4.1 is amended by (5) A general index of the records Commission shall accommodate republishing the introductory text, referred to in paragraph (a)(4) of this requesters as to form or format if the revising paragraphs (b) and (h) and section. record is readily available in that form adding new paragraph (o) to read as (b) In accordance with 5 U.S.C. or format. When requesters do not follows: 552(a)(3), the Commission shall make specify the form or format of the available, upon proper request, all non- § 4.1 Definitions. response, the Commission shall respond exempt Agency records, or portions of in the form or format in which the As used in this part: records, not previously made public document is most accessible to the * * * * * pursuant to 5 U.S.C. 552(a)(1) and (a)(2). Commission. (b) Commissioner means an (c) The Commission shall maintain (c) The Commission shall determine individual appointed to the Federal and make available current indexes and within twenty working days after Election Commission pursuant to 2 supplements providing identifying receipt of a request, or twenty working U.S.C. 437c(a). information regarding any matter days after an appeal is granted, whether * * * * * issued, adopted or promulgated after to comply with such request, unless in

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations 9207 unusual circumstances the time is basis for the claim that a ‘‘compelling Dated: February 17, 2000. extended or subject to § 4.9(f)(3), which need’’ exists for the requested Darryl R. Wold, governs advance payments. * * * information, certified by the requester to Chairman, Federal Election Commission. (d) If the Commission determines that be true and correct to the best of his or [FR Doc. 00–4318 Filed 2–23–00; 8:45 am] an extension of time greater than ten her knowledge and belief. BILLING CODE 6715±01±P working days is necessary to respond to (3) The Commission shall determine a request satisfying the ‘‘unusual whether to grant a request for expedited circumstances’’ specified in paragraph processing and notify the requester of FEDERAL RESERVE SYSTEM (c) of this section, the Commission shall such determination within ten days of so notify the requester and give the receipt of the request. Denials of 12 CFR Part 220 requester an opportunity to limit the requests for expedited processing may scope of the request so that it may be be appealed as set forth in § 4.8. The [Regulation T] processed within the time limit Commission shall expeditiously prescribed in paragraph (c) of this Credit by Brokers and Dealers; List of determine any such appeal. As soon as Foreign Margin Stocks section, or arrange with the Commission practicable, the Commission shall an alternative time frame for processing process the documents responsive to a AGENCY: Board of Governors of the the request or a modified request. request for which expedited processing Federal Reserve System. (e) The Commission may aggregate is granted. ACTION: Final rule; determination of and process as a single request requests applicability of regulations. by the same requester, or a group of * * * * * requesters acting in concert, if the PART 5ÐACCESS TO PUBLIC SUMMARY: The List of Foreign Margin Commission reasonably believes that DISCLOSURE DIVISION DOCUMENTS Stocks (Foreign List) is composed of the requests actually constitute a single certain foreign equity securities that request that would otherwise satisfy the 9. The authority citation for part 5 qualify as margin securities under unusual circumstances specified in continues to read as follows: Regulation T. The Foreign List is paragraph (c) of this section, and the Authority: 2 U.S.C. 437f(d), published twice a year by the Board. requests involve clearly related matters. 437g(a)(4)(B)(ii), 438(a), and 31 U.S.C. 9701. EFFECTIVE DATE: March 1, 2000. (f) The Commission uses a multitrack FOR FURTHER INFORMATION CONTACT: system to process requests under the 10. Section 5.1 is amended by revising Peggy Wolffrum, Securities Regulation Freedom of Information Act that is paragraph (b) to read as follows: Analyst, Division of Banking based on the amount of work and/or § 5.1 Definitions. Supervision and Regulation, (202) 452– time involved in processing requests. 2837, or Scott Holz, Senior Counsel, Requests for records are processed in * * * * * Legal Division, (202) 452–2966, Board of the order they are received within each (b) Commissioner means an Governors of the Federal Reserve track. Upon receipt of a request for individual appointed to the Federal System, Washington, D.C. 20551. For records, the Commission shall Election Commission pursuant to 2 the hearing impaired only, contact determine which track is appropriate for U.S.C. 437c(a). Diane Jenkins, Telecommunications the request. The Commission may * * * * * Device for the Deaf (TDD) at (202) 452– contact requesters whose requests do 11. Section 5.4 is amended by revising 3544. not appear to qualify for the fastest paragraph (a)(4) and adding new tracks and provide such requesters the SUPPLEMENTARY INFORMATION: Listed paragraphs (a)(5) through (a)(9) to read below is a complete edition of the opportunity to limit their requests so as as follows: to qualify for a faster track. Requesters Board’s Foreign List. The Foreign List who believe that their requests qualify § 5.4 Availability of records. was last published on August 26, 1999 for the fastest tracks and who wish to be (a) * * * (64 FR 46559), and became effective September 1, 1999. notified if the Commission disagrees (4) Opinions of Commissioners The Foreign List is composed of may so indicate in the request and, rendered in enforcement cases and foreign equity securities that qualify as where appropriate and feasible, shall General Counsel’s Reports and non- margin securities under Regulation T by also be given an opportunity to limit exempt 2 U.S.C. 437g investigatory meeting the requirements of § 220.11(c) their requests. materials shall be placed on the public and (d). Additional foreign securities (g) The Commission shall consider record of the Agency no later than 30 qualify as margin securities if they are requests for the expedited processing of days from the date on which all deemed by the Securities and Exchange requests in cases where the requester respondents are notified that the Commission (SEC) to have a ‘‘ready demonstrates a compelling need for Commission has voted to close such an market’’ under SEC Rule 15c3–1 (17 such processing. enforcement file. (1) The term compelling need means: CFR 240.15c3–1) or a ‘‘no-action’’ (5) Letter requests for guidance and position issued thereunder. This (i) That a failure to obtain requested responses thereto. records on an expedited basis could includes all foreign stocks in the FTSE (6) The minutes of Commission reasonably be expected to pose an World Index Series. meetings. imminent threat to the life or physical It is unlawful for any creditor to (7) Material routinely prepared for safety of an individual; or make, or cause to be made, any (ii) With respect to a request made by public distribution, e.g. campaign representation to the effect that the a person primarily engaged in guidelines, FEC Record, press releases, inclusion of a security on the Foreign disseminating information, urgency to speeches, notices to candidates and List is evidence that the Board or the inform the public concerning actual or committees. SEC has in any way passed upon the alleged Federal government activity. (8) Audit reports (if discussed in open merits of, or given approval to, such (2) Requesters for expedited session). security or any transactions therein. processing must include in their (9) Agendas for Commission meetings. Any statement in an advertisement or requests a statement setting forth the * * * * * other similar communication containing

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 9208 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations a reference to the Board in connection Germany KEISEI ELECTRIC RAILWAY CO., LTD. with the Foreign List or the stocks GEHE AG ¥ 50 par common thereon shall be an unlawful Ordinary shares, par DM 50 KEIYO BANK, LTD. representation. ¥ 50 par common There are no additions to the Foreign Japan KIYO BANK, LTD. List. The following seven stocks are AIWA CO., LTD. ¥ 50 par common being removed because they no longer ¥ 50 par common KOMORI CORP. substantially meet the provisions of AKITA BANK, LTD. ¥ 50 par common § 220.11(d) of Regulation T: ¥ 50 par common KONAMI CO., LTD. ¥ 50 par common Germany AOMORI BANK, LTD. ¥ 50 par common KYOWA EXEO CORP. ¥ HOECHST AG ASATSU INC. 50 par common Ordinary shares, par DM 50 ¥ 50 par common MATSUSHITA SEIKO CO., LTD. ¥ 50 par common BANDAI CO., LTD. Japan MAX CO., LTD. ¥ 50 par common ¥ 50 par common DAIWA KOSHO LEASE CO., LTD. BANK OF KINKI, LTD. MICHINOKU BANK, LTD. 50 par common ¥ 50 par common ¥ 50 par common JACCS CO., LTD. BANK OF NAGOYA, LTD. MUSASHINO BANK, LTD. 50 par common ¥ 50 par common MAEDA ROAD CONSTRUCTION CO., ¥ 500 par common CHUDENKO CORP. NAMCO, LTD. LTD. ¥ 50 par common ¥ 50 par common 50 par common CHUGOKU BANK, LTD. NICHIMEN CORPORATION NICHICON CORP. ¥ 50 par common ¥ 50 par common 50 par common CLARION CO., LTD. NIHON UNISYS, LTD. SANKI ENGINEERING CO., LTD. ¥ 50 par common ¥ 50 par common 50 par common DAIHATSU MOTOR CO., LTD. NIPPON COMSYS CORP. TAKASAGO THERMAL ENGINEERING ¥ 50 par common ¥ 50 par common COMPANY DAINIPPON SCREEN MFG. CO., LTD. NIPPON TRUST BANK, LTD. 50 par common ¥ 50 par common ¥ 50 par common Public Comment and Deferred Effective DENKI KAGAKU KOGYO NISHI-NIPPON BANK, LTD. ¥ Date 50 par common ¥ 50 par common EIGHTEENTH BANK, LTD. NISHI-NIPPON RAILROAD CO., LTD. The requirements of 5 U.S.C. 553 with ¥ 50 par common ¥ 50 par common respect to notice and public FUTABA CORP. NISSAN CHEMICAL INDUSTRIES, participation were not followed in ¥ 50 par common LTD. connection with the issuance of this FUTABA INDUSTRIAL CO., LTD. ¥ 50 par common amendment due to the objective ¥ 50 par common OGAKI KYORITSU BANK, LTD. character of the criteria for inclusion HIGO BANK, LTD. ¥ 50 par common and continued inclusion on the Foreign ¥ 50 par common Q.P. CORP. List specified in § 220.11(c) and (d). No HITACHI CONSTRUCTION ¥ 50 par common additional useful information would be MACHINERY CO., LTD. RINNAI CORPORATION gained by public participation. The full ¥ 50 par common ¥ 50 par common requirements of 5 U.S.C. 553 with HITACHI SOFTWARE ENGINEERING RYOSAN CO., LTD. respect to deferred effective date have CO., LTD. ¥ 50 par common not been followed in connection with ¥ 50 par common SAGAMI RAILWAY CO., LTD. the issuance of this amendment because HITACHI TRANSPORT SYSTEM, LTD. ¥ 50 par common the Board finds that it is in the public ¥ 50 par common SAIBU GAS CO., LTD. interest to facilitate investment and HOKKOKU BANK, LTD. ¥ 50 par common credit decisions based in whole or in ¥ 50 par common SAKATA SEED CORP. part upon the composition of the HOKUETSU BANK, LTD ¥ 50 par common Foreign List as soon as possible. The ¥ 50 par common SANTEN PHARMACEUTICAL CO., Board has responded to a request by the HOKUETSU PAPER MILLS, LTD. LTD. public and allowed approximately a ¥ 50 par common ¥ 50 par common one-week delay before the Foreign List IYO BANK, LTD. SHIMADZU CORP. is effective. ¥ 50 par common ¥ 50 par common List of Subjects in 12 CFR Part 220 JAPAN AIRPORT TERMINAL CO., LTD. SHIMAMURA CO., LTD. ¥ 50 par common ¥ 50 par common Brokers, Credit, Margin, Margin JAPAN SECURITIES FINANCE CO., SUMITOMO RUBBER INDUSTRIES, requirements, Investments, Reporting LTD. LTD. and recordkeeping requirements, ¥ 50 par common ¥ 50 par common Securities. JUROKU BANK, LTD SURUGA BANK, LTD. Accordingly, pursuant to the ¥ 50 par common ¥ 50 par common authority of sections 7 and 23 of the KAGOSHIMA BANK, LTD. TAIYO YUDEN CO., LTD. Securities Exchange Act of 1934, as ¥ 50 par common ¥ 50 par common amended (15 U.S.C. 78g and 78w), and KAMIGUMI CO., LTD. TAKARA STANDARD CO., LTD. in accordance with 12 CFR 220.2 and ¥ 50 par common ¥ 50 par common 220.11, there is set forth below a KATOKICHI CO., LTD. TAKUMA CO., LTD. complete edition of the Foreign List. ¥ 50 par common ¥ 50 par common

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations 9209

TOHO BANK, LTD. prevent erroneous display of decision phase of flight. The TR revises the AFM ¥ 50 par common height information to the flight crew to limit the use of the automatic flight TOHO GAS CO., LTD. during final approach, which could system for certain types of instrument ¥ 50 par common result in an increased risk of collision landing system (ILS) approaches. The TOKYO OHKA KOGYO CO., LTD. with the terrain. DGAC classified this TR as mandatory ¥ 50 par common DATES: Effective March 10, 2000. and issued airworthiness directive TOKYO TOMIN BANK, LTD. The incorporation by reference of 2000–004–142(B), dated January 12, ¥ 500 par common certain publications listed in the 2000, in order to assure the continued UNI-CHARM CORP. regulations is approved by the Director airworthiness of these airplanes in ¥ 50 par common of the Federal Register as of March 10, France. USHIO, INC. 2000. Airbus also has issued Service ¥ 50 par common Comments for inclusion in the Rules Bulletin A320–31–1106, Revision 04, YAMAHA MOTOR CO., LTD. Docket must be received on or before dated December 21, 1999, which ¥ 50 par common March 27, 2000. describes procedures for modification of YAMANASHI CHUO BANK, LTD. ADDRESSES: Submit comments in the flight warning computers (FWC). ¥ 50 par common triplicate to the Federal Aviation The modification involves incorporating YODOGAWA STEEL WORKS, LTD. Administration (FAA), Transport software changes into the onboard ¥ 50 par common Airplane Directorate, ANM–114, replaceable modules of the FWC’s. By order of the Board of Governors of Attention: Rules Docket No. 2000–NM– Accomplishment of the modification the Federal Reserve System, acting by 51–AD, 1601 Lind Avenue, SW., would terminate the requirement for the its Director of the Division of Banking Renton, Washington 98055–4056. AFM temporary revision. The service information referenced in Supervision and Regulation pursuant to FAA’s Conclusions delegated authority (12 CFR this AD may be obtained from Airbus 265.7(f)(10)), February 17, 2000. Industrie, 1 Rond Point Maurice These airplane models are Bellonte, 31707 Blagnac Cedex, France. manufactured in France and are type Jennifer J. Johnson, This information may be examined at certificated for operation in the United Secretary of the Board. the FAA, Transport Airplane States under the provisions of section [FR Doc. 00–4327 Filed 2–23–00; 8:45 am] Directorate, 1601 Lind Avenue, SW., 21.29 of the Federal Aviation BILLING CODE 6210±01±P Renton, Washington; or at the Office of Regulations (14 CFR 21.29) and the the Federal Register, 800 North Capitol applicable bilateral airworthiness Street, NW., suite 700, Washington, DC. agreement. Pursuant to this bilateral DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: airworthiness agreement, the DGAC has Norman B. Martenson, Manager, kept the FAA informed of the situation Federal Aviation Administration International Branch, ANM–116, described above. The FAA has Transport Airplane Directorate, 1601 examined the findings of the DGAC, 14 CFR Part 39 Lind Avenue, SW., Renton, Washington reviewed all available information, and [Docket No. 2000±NM±51±AD; Amendment 98055–4056; telephone (425) 227–2110; determined that AD action is necessary 39±11593; AD 2000±04±11] fax (425) 227–1149. for products of this type design that are SUPPLEMENTARY INFORMATION: The certificated for operation in the United RIN 2120±AA64 ´ ´ Direction Generale de l’Aviation Civile States. Airworthiness Directives; Airbus Model (DGAC), which is the airworthiness Explanation of Requirements of Rule A319, A320, and A321 Series Airplanes authority for France, notified the FAA that an unsafe condition may exist on Since an unsafe condition has been AGENCY: Federal Aviation certain Airbus Model A319, A320, and identified that is likely to exist or Administration, DOT. A321 series airplanes. The DGAC develop on other airplanes of the same ACTION: Final rule; request for advises that, during testing and analysis, type design registered in the United comments. logic errors, i.e., software anomalies, States, this AD is being issued to occurred on certain Rockwell Collins prevent erroneous display of decision SUMMARY: This amendment adopts a radio altimeters. Investigation revealed height information to the flight crew new airworthiness directive (AD) that is that, under certain conditions, the during final approach, which could applicable to certain Airbus Model software anomalies cause the radio result in an increased risk of collision A319, A320, and A321 series airplanes. altimeter to display erroneous with the terrain. This AD requires a This action requires a revision to the information to the flight crew with no revision to the Limitations and Normal Limitations and Normal Procedures alarm detection. This condition, if not Procedures Sections of the FAA- Sections of the FAA-approved Airplane corrected, could result in an increased approved AFM to limit the use of the Flight Manual (AFM) to limit the use of risk of collision with the terrain. radio altimeter of the FMGS during the the radio altimeter of the flight approach phase of flight. This action management guidance system (FMGS) Explanation of Relevant Service also provides for an optional during the approach phase of flight. Information terminating modification, which would This action also provides for an optional The manufacturer has issued Airbus eliminate the need for the AFM terminating modification, which, if A319/A320/A321 Airplane Flight revision. The optional terminating accomplished, would terminate the Manual (AFM) Temporary Revision (TR) modification is to be accomplished in requirement for the AFM revision. This 2.05.00/43, dated September 16, 1999. accordance with the service bulletin amendment is prompted by issuance of The temporary revision provides described previously. mandatory continuing airworthiness information for the flight crew Interim Action information by a foreign civil concerning the use of the radio altimeter airworthiness authority. The actions of the flight management guidance This is considered to be interim specified in this AD are intended to system (FMGS) during the approach action until final action is identified, at

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 9210 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations which time the FAA may consider have federalism implications under this AD; and, if the unsafe condition has not further rulemaking. Executive Order 13132. been eliminated, the request should include The FAA has determined that this specific proposed actions to address it. Determination of Rule’s Effective Date regulation is an emergency regulation Compliance: Required as indicated, unless Since a situation exists that requires that must be issued immediately to accomplished previously. correct an unsafe condition in aircraft, To prevent erroneous display of decision the immediate adoption of this height information to the flight crew during regulation, it is found that notice and and that it is not a ‘‘significant final approach, which could result in an opportunity for prior public comment regulatory action’’ under Executive increased risk of collision with the terrain, hereon are impracticable, and that good Order 12866. It has been determined accomplish the following: further that this action involves an cause exists for making this amendment Airplane Flight Manual (AFM) Revision effective in less than 30 days. emergency regulation under DOT Regulatory Policies and Procedures (44 (a) Within 10 days after the effective date Comments Invited of this AD, revise the Limitations and Normal FR 11034, February 26, 1979). If it is Procedures Sections of the FAA-approved Although this action is in the form of determined that this emergency AFM by inserting a copy of Airbus a final rule that involves requirements regulation otherwise would be Temporary Revision (TR) 2.05.00/43, dated affecting flight safety and, thus, was not significant under DOT Regulatory September 16, 1999, into the AFM. preceded by notice and an opportunity Policies and Procedures, a final Note 2: When the Temporary Revision for public comment, comments are regulatory evaluation will be prepared required by paragraph (a) of this AD has been invited on this rule. Interested persons and placed in the Rules Docket. A copy incorporated into the general revisions of the are invited to comment on this rule by of it, if filed, may be obtained from the AFM, the general revisions may be inserted submitting such written data, views, or Rules Docket at the location provided into the AFM, provided that the information contained in the general revisions is identical ADDRESSES arguments as they may desire. under the caption . to that specified in the Temporary Revision. Communications shall identify the List of Subjects in 14 CFR Part 39 Rules Docket number and be submitted Optional Terminating Modification in triplicate to the address specified Air transportation, Aircraft, Aviation (b) In lieu of accomplishing the under the caption ‘‘ADDRESSES.’’ All safety, Incorporation by reference, requirements of paragraph (a) of this AD, communications received on or before Safety. modify the flight warning computers, in the closing date for comments will be Adoption of the Amendment accordance with Airbus Service Bulletin considered, and this rule may be A320–31–1106, Revision 04, dated December 21, 1999. After accomplishment of the amended in light of the comments Accordingly, pursuant to the authority delegated to me by the modification, the AFM temporary revision received. Factual information that required by paragraph (a) of this AD may be supports the commenter’s ideas and Administrator, the Federal Aviation removed from the AFM. Administration amends part 39 of the suggestions is extremely helpful in Note 3: Accomplishment of the evaluating the effectiveness of the AD Federal Aviation Regulations (14 CFR modification specified by paragraph (b) of the action and determining whether part 39) as follows: AD, prior to the effective date of this AD, in additional rulemaking action would be accordance with Airbus Service Bulletin PART 39ÐAIRWORTHINESS needed. A320–31–1106, Revision 01, dated April 16, DIRECTIVES 1997; Revision 02, dated January 20, 1998; or Comments are specifically invited on Revision 03, dated July 9, 1999; is considered the overall regulatory, economic, 1. The authority citation for part 39 acceptable for compliance with the environmental, and energy aspects of continues to read as follows: applicable actions specified in paragraph (b) the rule that might suggest a need to Authority: 49 U.S.C. 106(g), 40113, 44701. of this AD. modify the rule. All comments submitted will be available, both before § 39.13 [Amended] Alternative Methods of Compliance and after the closing date for comments, 2. Section 39.13 is amended by (c) An alternative method of compliance or in the Rules Docket for examination by adding the following new airworthiness adjustment of the compliance time that interested persons. A report that directive: provides an acceptable level of safety may be used if approved by the Manager, summarizes each FAA-public contact 2000±04±11 Airbus Industrie: Amendment 39– International Branch, ANM–116, FAA, concerned with the substance of this AD 11593. Docket 2000–NM–51–AD. Transport Airplane Directorate. Operators will be filed in the Rules Docket. Applicability: Model A319, A320, and shall submit their requests through an Commenters wishing the FAA to A321 series airplanes; certificated in any appropriate FAA Principal Maintenance acknowledge receipt of their comments category; equipped with Rockwell Collins Inspector, who may add comments and then submitted in response to this rule must radio altimeter LRA 700 having part number send it to the Manager, International Branch, submit a self-addressed, stamped (P/N) 622–4542–020; excluding those on ANM–116. postcard on which the following which Airbus Modification 26017 (Airbus Note 4: Information concerning the Service Bulletin A320–31–1106) has been statement is made: ‘‘Comments to existence of approved alternative methods of installed. compliance with this AD, if any, may be Docket Number 2000–NM–51–AD.’’ The Note 1: This AD applies to each airplane obtained from the International Branch, postcard will be date stamped and identified in the preceding applicability ANM–116. returned to the commenter. provision, regardless of whether it has been Special Flight Permits Regulatory Impact otherwise modified, altered, or repaired in the area subject to the requirements of this (d) Special flight permits may be issued in The regulations adopted herein will AD. For airplanes that have been modified, accordance with sections 21.197 and 21.199 not have a substantial direct effect on altered, or repaired so that the performance of the Federal Aviation Regulations (14 CFR the States, on the relationship between of the requirements of this AD is affected, the 21.197 and 21.199) to operate the airplane to the national Government and the States, owner/operator must request approval for an a location where the requirements of this AD alternative method of compliance in can be accomplished. or on the distribution of power and accordance with paragraph (c) of this AD. responsibilities among the various The request should include an assessment of Incorporation by Reference levels of government. Therefore, it is the effect of the modification, alteration, or (e) The revision to the Airplane Flight determined that this final rule does not repair on the unsafe condition addressed by Manual shall be done in accordance with

VerDate 162000 18:25 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm02 PsN: 24FER1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations 9211

Airbus Temporary Revision 2.05.00/43, dated ADDRESSES: The service information on U.S. operators is estimated to be September 16, 1999. This incorporation by referenced in this AD may be obtained $7,380, or $60 per airplane. reference was approved by the Director of the from Fokker Services B.V., P.O. Box Should an operator be required to Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be 231, 2150 AE Nieuw-Vennep, the accomplish the modification specified obtained from Airbus Industrie, 1 Rond Point Netherlands. This information may be in Part B of the referenced service Maurice Bellonte, 31707 Blagnac Cedex, examined at the Federal Aviation bulletin, it will take approximately 2 France. Copies may be inspected at the FAA, Administration (FAA), Transport work hours per airplane to accomplish, Transport Airplane Directorate, 1601 Lind Airplane Directorate, Rules Docket, at an average labor rate of $60 per work Avenue, SW., Renton, Washington; or at the 1601 Lind Avenue, SW., Renton, hour. Based on these figures, the cost Office of the Federal Register, 800 North Washington; or at the Office of the impact of the modification required by Capitol Street, NW., suite 700, Washington, Federal Register, 800 North Capitol DC. this AD on U.S. operators is estimated Street, NW., suite 700, Washington, DC. to be $120 per airplane. Note 5: The subject of this AD is addressed in French airworthiness directive 2000–004– FOR FURTHER INFORMATION CONTACT: The cost impact figures discussed 142(B), dated January 12, 2000. Norman B. Martenson, Manager, above are based on assumptions that no (f) This amendment becomes effective on International Branch, ANM–116, FAA, operator has yet accomplished any of March 10, 2000. Transport Airplane Directorate, 1601 the requirements of this AD action, and Issued in Renton, Washington, on February Lind Avenue, SW., Renton, Washington that no operator would accomplish 15, 2000. 98055–4056; telephone (425) 227–2110; those actions in the future if this AD Donald L. Riggin, fax (425) 227–1149. were not adopted. Acting Manager, Transport Airplane SUPPLEMENTARY INFORMATION: A Regulatory Impact Directorate, Aircraft Certification Service. proposal to amend part 39 of the Federal The regulations adopted herein will [FR Doc. 00–4120 Filed 2–23–00; 8:45 am] Aviation Regulations (14 CFR part 39) to not have a substantial direct effect on BILLING CODE 4910±13±P include an airworthiness directive (AD) that is applicable to all Fokker Model the States, on the relationship between F.28 Mark 0070 and 0100 series the national Government and the States, DEPARTMENT OF TRANSPORTATION airplanes was published in the Federal or on the distribution of power and Register on December 6, 1999 (64 FR responsibilities among the various Federal Aviation Administration 68056). That action proposed to require levels of government. Therefore, it is a measurement of the resistance of the determined that this final rule does not 14 CFR Part 39 electrical connectors of the auxiliary have federalism implications under Executive Order 13132. [Docket No. 99±NM±325±AD; Amendment power unit (APU) to detect a short 39±11586; AD 2000±04±04] circuit; an inspection to determine if the For the reasons discussed above, I grommets or shrink sleeves are present; certify that this action (1) is not a RIN 2120±AA64 and modification, if necessary. ‘‘significant regulatory action’’ under Executive Order 12866; (2) is not a Airworthiness Directives; Fokker Comments ‘‘significant rule’’ under DOT Model F.28 Mark 0070 and 0100 Series Interested persons have been afforded Regulatory Policies and Procedures (44 Airplanes an opportunity to participate in the FR 11034, February 26, 1979); and (3) AGENCY: Federal Aviation making of this amendment. No will not have a significant economic Administration, DOT. comments were submitted in response impact, positive or negative, on a ACTION: Final rule. to the proposal or the FAA’s substantial number of small entities determination of the cost to the public. under the criteria of the Regulatory SUMMARY: This amendment adopts a Flexibility Act. A final evaluation has new airworthiness directive (AD), Conclusion been prepared for this action and it is applicable to all Fokker Model F.28 The FAA has determined that air contained in the Rules Docket. A copy Mark 0070 and 0100 series airplanes, safety and the public interest require the of it may be obtained from the Rules that requires a measurement of the adoption of the rule as proposed. Docket at the location provided under resistance of the electrical connectors of the caption ADDRESSES. the auxiliary power unit (APU) to detect Cost Impact a short circuit; an inspection to The FAA estimates that 123 airplanes List of Subjects in 14 CFR Part 39 determine if the grommets or shrink of U.S. registry will be affected by this Air transportation, Aircraft, Aviation sleeves are present; and modification, if AD. safety, Incorporation by reference, necessary. This amendment is prompted It will take approximately 2 work Safety. by issuance of mandatory continuing hours per airplane to accomplish the airworthiness information by a foreign measurement specified in Part A of the Adoption of the Amendment civil airworthiness authority. The referenced service bulletin, at an Accordingly, pursuant to the actions specified by this AD are average labor rate of $60 per work hour. authority delegated to me by the intended to detect and prevent a short Based on these figures, the cost impact Administrator, the Federal Aviation circuit of a fire extinguisher electrical of this measurement required by this AD Administration amends part 39 of the system due to a lack of shrink sleeves on U.S. operators is estimated to be Federal Aviation Regulations (14 CFR or grommets, and consequent disabling $14,760, or $120 per airplane. part 39) as follows: of the affected fire extinguisher system. It will take approximately 1 work DATES: Effective March 30, 2000. hour per airplane to accomplish the PART 39ÐAIRWORTHINESS The incorporation by reference of inspection specified in Part B of the DIRECTIVES certain publications listed in the referenced service bulletin, at an regulations is approved by the Director average labor rate of $60 per work hour. 1. The authority citation for part 39 of the Federal Register as of March 30, Based on these figures, the cost impact continues to read as follows: 2000. of this inspection required by this AD Authority: 49 U.S.C. 106(g), 40113, 44701.

VerDate 162000 18:25 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm02 PsN: 24FER1 9212 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations

§ 39.13 [Amended] level of inspection is made under normally DEPARTMENT OF TRANSPORTATION 2. Section 39.13 is amended by available lighting conditions such as adding the following new airworthiness daylight, hangar lighting, flashlight, or drop- Federal Aviation Administration directive: light, and may require removal or opening of access panels or doors. Stands, ladders, or 14 CFR Part 39 2000–04–04 Fokker Services B.V.: platforms may be required to gain proximity [Docket No. 99±NM±339±AD; Amendment Amendment 39–11586. Docket 99–NM– to the area being checked.’’ 325–AD. 39±11588; AD 2000±04±06] Applicability: All Model F.28 Mark 0070 Alternative Methods of Compliance RIN 2120±AA64 and 0100 series airplanes, certificated in any (b) An alternative method of compliance or category. adjustment of the compliance time that Airworthiness Directives; Airbus Model Note 1: This AD applies to each airplane provides an acceptable level of safety may be A319, A320, and A321 Series Airplanes identified in the preceding applicability provision, regardless of whether it has been used if approved by the Manager, AGENCY: Federal Aviation modified, altered, or repaired in the area International Branch, ANM–116, FAA, Administration, DOT. Transport Airplane Directorate. Operators subject to the requirements of this AD. For ACTION: Final rule. airplanes that have been modified, altered, or shall submit their requests through an repaired so that the performance of the appropriate FAA Principal Maintenance SUMMARY: This amendment adopts a requirements of this AD is affected, the Inspector, who may add comments and then new airworthiness directive (AD), owner/operator must request approval for an send it to the Manager, International Branch, applicable to certain Airbus Model alternative method of compliance in ANM–116. A319, A320, and A321 series airplanes, accordance with paragraph (b) of this AD. The request should include an assessment of Note 3: Information concerning the that requires modification of the the effect of the modification, alteration, or existence of approved alternative methods of forward and aft evacuation slide repair on the unsafe condition addressed by compliance with this AD, if any, may be systems by replacing the Velcro this AD; and, if the unsafe condition has not obtained from the International Branch, restraints for the support logs with been eliminated, the request should include ANM–116. frangible link restraints. This specific proposed actions to address it. amendment is prompted by issuance of Compliance: Required as indicated, unless Special Flight Permits mandatory continuing airworthiness accomplished previously. (c) Special flight permits may be issued in information by a foreign civil To detect and prevent a short circuit of a accordance with sections 21.197 and 21.199 airworthiness authority. The actions fire extinguisher electrical system due to a of the Federal Aviation Regulations (14 CFR specified by this AD are intended to lack of shrink sleeves or grommets, and 21.197 and 21.199) to operate the airplane to prevent the ingestion of sill support-log consequent disabling of the affected fire a location where the requirements of this AD extinguisher system, accomplish the material into the aspirator of the escape can be accomplished. following: slide, which could result in failure of Incorporation by Reference the escape slide to inflate. Inspection and Modification, if Necessary (d) The actions shall be done in accordance DATES: Effective March 30, 2000. (a) Within 12 months after the effective The incorporation by reference of date of this AD, perform a measurement of with of Fokker Service Bulletin SBF100–26– 015, dated August 15, 1999. This certain publications listed in the the resistance of the electrical lines on the regulations is approved by the Director auxiliary power unit (APU) and engine fire incorporation by reference was approved by extinguisher bottles to detect a short circuit, the Director of the Federal Register in of the Federal Register as of March 30, in accordance with Part A of the accordance with 5 U.S.C. 552(a) and 1 CFR 2000. Accomplishment Instructions of Fokker part 51. Copies may be obtained from Fokker ADDRESSES: The service information Service Bulletin SBF100–26–015, dated Services B.V., P.O. Box 231, 2150 AE Nieuw- referenced in this AD may be obtained August 15, 1999. Vennep, the Netherlands. Copies may be from Airbus Industrie, 1 Rond Point (1) If no short circuit is detected, at the inspected at the FAA, Transport Airplane Maurice Bellonte, 31707 Blagnac Cedex, next scheduled weight check of the fire Directorate, 1601 Lind Avenue, SW., Renton, France. This information may be extinguishing bottle, or within 2 years after examined at the Federal Aviation the inspection required by paragraph (a) of Washington; or at the Office of the Federal this AD, whichever occurs first, perform a Register, 800 North Capitol Street, NW., suite Administration (FAA), Transport general visual inspection to determine if the 700, Washington, DC. Airplane Directorate, Rules Docket, grommets or shrink sleeves are present and Note 4: The subject of this AD is addressed 1601 Lind Avenue, SW., Renton, installed properly. If any grommet or shrink in Dutch airworthiness directive 1999–110, Washington; or at the Office of the sleeve is missing or not installed properly, dated August 31, 1999. Federal Register, 800 North Capitol prior to further flight, perform the Street, NW., suite 700, Washington, DC. modification of the connectors, in accordance (e) This amendment becomes effective on March 30, 2000. FOR FURTHER INFORMATION CONTACT: with Part B of the Accomplishment Norman B. Martenson, Manager, Instructions of the service bulletin. Issued in Renton, Washington, on February International Branch, ANM–116, FAA, (2) If any short circuit is detected, prior to 15, 2000. further flight, perform a general visual Transport Airplane Directorate, 1601 inspection to determine if the grommets or Donald L. Riggin, Lind Avenue, SW., Renton, Washington shrink sleeves are present and installed Acting Manager, Transport Airplane 98055–4056; telephone (425) 227–2110; properly. If any grommet or shrink sleeve is Directorate, Aircraft Certification Service. fax (425) 227–1149. missing or not installed properly, prior to [FR Doc. 00–4119 Filed 2–23–00; 8:45 am] SUPPLEMENTARY INFORMATION: A further flight, perform the modification of the BILLING CODE 4910±13±U proposal to amend part 39 of the Federal connectors, in accordance with Part B of the Accomplishment Instructions of the service Aviation Regulations (14 CFR part 39) to bulletin. include an airworthiness directive (AD) Note 2: For the purposes of this AD, a that is applicable to certain Airbus general visual inspection is defined as ‘‘A Model A319, A320, and A321 series visual examination of an interior or exterior airplanes was published in the Federal area, installation, or assembly to detect Register on December 7, 1999 (64 FR obvious damage, failure, or irregularity. This 68300). That action proposed to require

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations 9213 modification of the forward and aft Docket at the location provided under Airbus Service Bulletin A320–25–1215, evacuation slide systems by replacing the caption ADDRESSES. dated April 29, 1999. the Velcro restraints for the support logs List of Subjects in 14 CFR Part 39 Note 2: Airbus Service Bulletin A320–25– with frangible link restraints. 1215 refers to Air Cruisers Service Bulletin Air transportation, Aircraft, Aviation S.B. 004–25–51, dated February 26, 1999, as Comments safety, Incorporation by reference, an additional source of service information Interested persons have been afforded Safety. for accomplishment of the modification. an opportunity to participate in the Adoption of the Amendment (b) As of the effective date of this AD, no making of this amendment. Due person shall install on any airplane an consideration has been given to the Accordingly, pursuant to the emergency evacuation slide, P/N D31516– single comment received. authority delegated to me by the 103, D31516–105, D31516–107, D31516–109, The commenter supports the Administrator, the Federal Aviation D31517–103, D31517–105, D31517–107, or proposed rule. Administration amends part 39 of the D31517–109. Conclusion Federal Aviation Regulations (14 CFR part 39) as follows: Alternative Methods of Compliance After careful review of the available (c) An alternative method of compliance or data, including the comment noted PART 39ÐAIRWORTHINESS adjustment of the compliance time that above, the FAA has determined that air DIRECTIVES provides an acceptable level of safety may be safety and the public interest require the used if approved by the Manager, adoption of the rule as proposed. 1. The authority citation for part 39 continues to read as follows: International Branch, ANM–116, FAA, Cost Impact Transport Airplane Directorate. Operators Authority: 49 U.S.C. 106(g), 40113, 44701. shall submit their requests through an The FAA estimates that 202 airplanes § 39.13 [Amended] appropriate FAA Principal Maintenance of U.S. registry will be affected by this Inspector, who may add comments and then AD, that it will take approximately 1 2. Section 39.13 is amended by send it to the Manager, International Branch, work hour per airplane to accomplish adding the following new airworthiness ANM–116. the required modification, and that the directive: Note 3: Information concerning the average labor rate is $60 per work hour. 2000–04–06 Airbus Industrie: Amendment existence of approved alternative methods of Required parts for the modification of 39–11588. Docket 99–NM–339–AD. compliance with this AD, if any, may be the evacuation slide are available from Applicability: Model A319, A320, and obtained from the International Branch, the evacuation slide vendor without A321 series airplanes; certificated in any ANM–116. charge. Based on these figures, the cost category; equipped with any emergency impact of the AD on U.S. operators is evacuation slide having a part number (P/N) Special Flight Permits estimated to be $12,120, or $60 per listed as: (d) Special flight permits may be issued in airplane. D31516–103 accordance with sections 21.197 and 21.199 The cost impact figure discussed D31516–105 of the Federal Aviation Regulations (14 CFR D31516–107 above is based on assumptions that no 21.197 and 21.199) to operate the airplane to D31516–109 operator has yet accomplished any of a location where the requirements of this AD the requirements of this AD action, and D31517–103 D31517–105 can be accomplished. that no operator would accomplish D31517–107 Incorporation by Reference those actions in the future if this AD D31517–109 were not adopted. (e) The modification shall be done in Note 1: This AD applies to each airplane accordance with Airbus Service Bulletin identified in the preceding applicability Regulatory Impact A320–25–1215, dated April 29, 1999. This provision, regardless of whether it has been The regulations adopted herein will incorporation by reference was approved by modified, altered, or repaired in the area not have a substantial direct effect on subject to the requirements of this AD. For the Director of the Federal Register in the States, on the relationship between airplanes that have been modified, altered, or accordance with 5 U.S.C. 552(a) and 1 CFR the national Government and the States, repaired so that the performance of the part 51. Copies may be obtained from Airbus or on the distribution of power and requirements of this AD is affected, the Industrie, 1 Rond Point Maurice Bellonte, responsibilities among the various owner/operator must request approval for an 31707 Blagnac Cedex, France. Copies may be levels of government. Therefore, it is alternative method of compliance in inspected at the FAA, Transport Airplane determined that this final rule does not accordance with paragraph (c) of this AD. Directorate, 1601 Lind Avenue, SW., Renton, have federalism implications under The request should include an assessment of Washington; or at the Office of the Federal Executive Order 13132. the effect of the modification, alteration, or Register, 800 North Capitol Street, NW., suite repair on the unsafe condition addressed by 700, Washington, DC. For the reasons discussed above, I this AD; and, if the unsafe condition has not certify that this action (1) is not a been eliminated, the request should include Note 4: The subject of this AD is addressed ‘‘significant regulatory action’’ under specific proposed actions to address it. in French airworthiness directive 1999–356– Executive Order 12866; (2) is not a Compliance: Required as indicated, unless 136(B), dated September 8, 1999. ‘‘significant rule’’ under DOT accomplished previously. (f) This amendment becomes effective on Regulatory Policies and Procedures (44 To prevent the ingestion of sill support-log March 30, 2000. FR 11034, February 26, 1979); and (3) material into the aspirator of the escape slide will not have a significant economic which could result in failure of the escape Issued in Renton, Washington, on February impact, positive or negative, on a slide to inflate, accomplish the following: 15, 2000. Donald L. Riggin, substantial number of small entities Modification Acting Manager, Transport Airplane under the criteria of the Regulatory (a) Within three years after the effective Directorate, Aircraft Certification Service. Flexibility Act. A final evaluation has date of this AD, modify the forward and aft been prepared for this action and it is emergency evacuation slides by replacing the [FR Doc. 00–4118 Filed 2–23–00; 8:45 am] contained in the Rules Docket. A copy Velcro restraints for the support logs with BILLING CODE 4910±13±U of it may be obtained from the Rules frangible link restraints, in accordance with

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 9214 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations

DEPARTMENT OF TRANSPORTATION Aerospace BAe Model ATP airplanes Docket at the location provided under was published in the Federal Register the caption ADDRESSES. Federal Aviation Administration on December 7, 1999 (64 FR 68296). List of Subjects in 14 CFR Part 39 That action proposed to require a one- 14 CFR Part 39 time detailed visual inspection to detect Air transportation, Aircraft, Aviation safety, Incorporation by reference, [Docket No. 99±NM±344±AD; Amendment incorrect installation or discrepancies 39±11589; AD 2000±04±07] (damage, bending, overheating, Safety. discoloration) of the circuit breaker and Adoption of the Amendment RIN 2120±AA64 the cable terminations of the circuit breaker of the engine de-ice panel. Accordingly, pursuant to the Airworthiness Directives; British authority delegated to me by the Aerospace BAe Model ATP Airplanes Comments Administrator, the Federal Aviation AGENCY: Federal Aviation Interested persons have been afforded Administration amends part 39 of the Administration, DOT. an opportunity to participate in the Federal Aviation Regulations (14 CFR ACTION: Final rule. making of this amendment. No part 39) as follows: comments were submitted in response SUMMARY: This amendment adopts a to the proposal or the FAA’s PART 39ÐAIRWORTHINESS new airworthiness directive (AD), determination of the cost to the public. DIRECTIVES applicable to all British Aerospace BAe Conclusion 1. The authority citation for part 39 Model ATP airplanes, that requires a continues to read as follows: one-time detailed visual inspection to The FAA has determined that air Authority: 49 U.S.C. 106(g), 40113, 44701. detect incorrect installation or safety and the public interest require the discrepancies (damage, bending, adoption of the rule as proposed. § 39.13 [Amended] overheating, discoloration) of the circuit breaker and the cable terminations of Cost Impact 2. Section 39.13 is amended by adding the following new airworthiness the circuit breaker of the engine de-ice The FAA estimates that 10 airplanes panel. This amendment is prompted by directive: of U.S. registry will be affected by this 2000–04–07 British Aerospace Regional issuance of mandatory continuing AD, that it will take approximately 2 airworthiness information by a foreign Aircraft [Formerly Jetstream Aircraft work hours per airplane to accomplish Limited; British Aerospace (Commercial civil airworthiness authority. The the required inspection, and that the Aircraft) Limited]: Amendment 39– actions specified by this AD are average labor rate is $60 per work hour. 11589. Docket 99–NM–344–AD. intended to prevent failure of the engine Based on these figures, the cost impact Applicability: All Model ATP airplanes, intake de-icing system, which could of the AD on U.S. operators is estimated certificated in any category. result in loss of engine intake de-icing to be $1,200, or $120 per airplane. Note 1: This AD applies to each airplane capability, accretion of ice in the intake The cost impact figure discussed identified in the preceding applicability duct, ice ingestion, and consequent above is based on assumptions that no provision, regardless of whether it has been engine flameout. operator has yet accomplished any of modified, altered, or repaired in the area DATES: Effective March 30, 2000. subject to the requirements of this AD. For the requirements of this AD action, and airplanes that have been modified, altered, or The incorporation by reference of that no operator would accomplish certain publications listed in the repaired so that the performance of the those actions in the future if this AD requirements of this AD is affected, the regulations is approved by the Director were not adopted. owner/operator must request approval for an of the Federal Register as of March 30, alternative method of compliance in 2000. Regulatory Impact accordance with paragraph (b) of this AD. ADDRESSES: The service information The regulations adopted herein will The request should include an assessment of referenced in this AD may be obtained not have a substantial direct effect on the effect of the modification, alteration, or repair on the unsafe condition addressed by from British Aerospace Regional the States, on the relationship between Aircraft American Support, 13850 this AD; and, if the unsafe condition has not the national Government and the States, been eliminated, the request should include Mclearen Road, Herndon, Virginia or on the distribution of power and specific proposed actions to address it. 20171. This information may be responsibilities among the various Compliance: Required as indicated, unless examined at the Federal Aviation levels of government. Therefore, it is accomplished previously. Administration (FAA), Transport determined that this final rule does not To prevent failure of the engine intake de- Airplane Directorate, Rules Docket, have federalism implications under icing system, which could result in loss of 1601 Lind Avenue, SW., Renton, Executive Order 13132. engine intake de-icing capability, accretion of Washington; or at the Office of the For the reasons discussed above, I ice in the intake duct, ice ingestion, and Federal Register, 800 North Capitol certify that this action (1) is not a consequent engine flameout, accomplish the following: Street, NW., suite 700, Washington, DC. ‘‘significant regulatory action’’ under FOR FURTHER INFORMATION CONTACT: Executive Order 12866; (2) is not a One-Time Inspection Norman B. Martenson, Manager, ‘‘significant rule’’ under DOT (a) Within 3 months after the effective date International Branch, ANM–116, FAA, Regulatory Policies and Procedures (44 of this AD: Perform a one-time detailed Transport Airplane Directorate, 1601 FR 11034, February 26, 1979); and (3) visual inspection to detect incorrect Lind Avenue, SW., Renton, Washington will not have a significant economic installation or discrepancies (damage, 98055–4056; telephone (425) 227–2110; impact, positive or negative, on a bending, overheating, discoloration) of the fax (425) 227–1149. substantial number of small entities circuit breaker and the cable terminations of the circuit breaker of the engine de-ice panel, SUPPLEMENTARY INFORMATION: A under the criteria of the Regulatory in accordance with Part 5 of the proposal to amend part 39 of the Federal Flexibility Act. A final evaluation has Accomplishment Instructions of British Aviation Regulations (14 CFR part 39) to been prepared for this action and it is Aerospace Service Bulletin ATP–30–52, include an airworthiness directive (AD) contained in the Rules Docket. A copy Revision 1, dated June 12, 1998. If any that is applicable to all British of it may be obtained from the Rules incorrect installation or discrepancy is

VerDate 162000 18:25 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm02 PsN: 24FER1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations 9215 detected, prior to further flight, repair it in DEPARTMENT OF TRANSPORTATION Aircraft Certification Office, 1601 Lind accordance with the service bulletin. Avenue, SW., Renton, Washington Note 2: For the purposes of this AD, a Federal Aviation Administration 98055–4056; telephone (425) 227–2783; detailed visual inspection is defined as: ‘‘An fax (425) 227–1181. intensive visual examination of a specific 14 CFR Part 39 SUPPLEMENTARY INFORMATION: The FAA structural area, system, installation, or [Docket No. 99±NM±352±AD; Amendment has received a report indicating that a assembly to detect damage, failure, or 39±11590; AD 2000±04±08] cracked fuselage frame was detected at irregularity. Available lighting is normally body station (BS) 480, common to the supplemented with a direct source of good RIN 2120±AA64 stringer 5R integral shear tie stringer lighting at intensity deemed appropriate by Airworthiness Directives; Boeing cutout on a Model 737–200C series the inspector. Inspection aids such as mirror, Model 737±200C Series Airplanes airplane. Subsequent investigation magnifying lenses, etc., may be used. Surface revealed that the z-frame and integral- cleaning and elaborate access procedures AGENCY: Federal Aviation shear-tie at the stringer cutout were may be required.’’ Administration, DOT. fractured. A crack also was detected in the S–5R and S–2R integral shear ties at Alternative Methods of Compliance ACTION: Final rule; request for comments. the stringer cutout. A fractured frame at (b) An alternative method of compliance or stringer 5R is a concern because it is adjustment of the compliance time that SUMMARY: This amendment adopts a adjacent to the stringer 4R lap joint, provides an acceptable level of safety may be new airworthiness directive (AD) that is which is susceptible to multiple site used if approved by the Manager, applicable to certain Boeing Model 737– cracking. Although the cracking was International Branch, ANM–116, FAA, 200C series airplanes. This action detected at BS 480 only, the frames at Transport Airplane Directorate. Operators requires repetitive inspections to detect BS 500, 500A, 500B, and 520 have a shall submit their requests through an cracking in the lower skin at the stringer similar design. Such cracking in these appropriate FAA Principal Maintenance 4R lap joint, and certain fuselage frames; frames, in conjunction with multiple Inspector, who may add comments and then and corrective actions, if necessary. This site cracking in the lower skin of the send it to the Manager, International Branch, amendment also provides for optional stringer 4R lap joint, could result in ANM–116. terminating action for the repetitive failure of the lap joint, and consequent Note 3: Information concerning the inspections. This amendment is rapid decompression of the airplane existence of approved alternative methods of prompted by a report of a fractured fuselage. compliance with this AD, if any, may be frame located at body station (BS) 480. Explanation of Relevant Service obtained from the Manager, International The actions specified in this AD are Information Branch, ANM–116. intended to detect and correct cracking in certain frames, which, in conjunction The FAA has reviewed and approved Special Flight Permits with multiple site cracking in the lower Boeing Alert Service Bulletin 737– (c) Special flight permits may be issued in skin of the lap joint, could result in 53A1220, dated October 4, 1999, which accordance with sections 21.197 and 21.199 failure of certain lap joints, and describes procedures for a low of the Federal Aviation Regulations (14 CFR consequent rapid decompression of the frequency eddy current (LFEC) 21.197 and 21.199) to operate the airplane to airplane fuselage. inspection to detect cracking in the a location where the requirements of this AD lower skin at the stringer 4R lap joint DATES: Effective March 10, 2000. can be accomplished. The incorporation by reference of between BS 460 and BS 540, and a detailed internal visual inspection to Incorporation by Reference certain publications listed in the detect cracking in the frames at BS 480 (d) The inspection and repair shall be done regulations is approved by the Director of the Federal Register as of March 10, through BS 520. The alert service in accordance with British Aerospace Service bulletin also describes procedures for a Bulletin ATP–30–52, Revision 1, dated June 2000. Comments for inclusion in the Rules preventative modification of the BS 480 12, 1998. This incorporation by reference was frame. approved by the Director of the Federal Docket must be received on or before Register in accordance with 5 U.S.C. 552(a) April 24, 2000. Explanation of the Requirements of the and 1 CFR part 51. Copies may be obtained ADDRESSES: Submit comments in Rule from British Aerospace Regional Aircraft triplicate to the Federal Aviation Since an unsafe condition has been American Support, 13850 Mclearen Road, Administration (FAA), Transport identified that is likely to exist or Herndon, Virginia 20171. Copies may be Airplane Directorate, ANM–114, develop on other Model 737–200C inspected at the FAA, Transport Airplane Attention: Rules Docket No. 99–NM– series airplanes of the same type design, Directorate, 1601 Lind Avenue, SW., Renton, 352–AD, 1601 Lind Avenue, SW., this AD is being issued to require Washington; or at the Office of the Federal Renton, WA 98055–4056. repetitive inspections to detect cracking Register, 800 North Capitol Street, NW., suite The service information referenced in in the lower skin at the stringer 4R lap 700, Washington, DC. this AD may be obtained from Boeing joint, and certain fuselage frames; and Note 4: The subject of this AD is addressed Commercial Airplane Group, PO Box corrective actions, if necessary. This in British airworthiness directive 007–01–98. 3707, Seattle, WA 98124–2207. This amendment also provides for optional (e) This amendment becomes effective on information may be examined at the terminating action for the repetitive March 30, 2000. FAA, Transport Airplane Directorate, inspections. The actions are required to 1601 Lind Avenue, SW., Renton, WA; or be accomplished in accordance with the Issued in Renton, Washington, on February at the Office of the Federal Register, 800 15. 2000. alert service bulletin described North Capitol Street, NW., suite 700, previously, except as discussed below. Donald L. Riggin, Washington, DC. Acting Manager, Transport Airplane FOR FURTHER INFORMATION CONTACT: Differences Between Service Bulletin Directorate, Aircraft Certification Service. James G. Rehrl, Aerospace Engineer, and This AD [FR Doc. 00–4117 Filed 2–23–00; 8:45 am] Airframe Branch, ANM–120S, FAA, Operators should note that, although BILLING CODE 4910±13±U Transport Airplane Directorate, Seattle the alert service bulletin does not

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 9216 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations specify repeat inspections following modify the rule. All comments § 39.13 [Amended] accomplishment of the initial internal submitted will be available, both before detailed visual inspection (DVI) to and after the closing date for comments, 2. Section 39.13 is amended by detect cracking of certain frames, this in the Rules Docket for examination by adding the following new airworthiness AD requires that the internal DVI be interested persons. A report that directive: repeated at intervals not to exceed 2,500 summarizes each FAA-public contact 2000–04–08 Boeing: Amendment 39–11590. flight cycles, until accomplishment of concerned with the substance of this AD Docket 99–NM–352–AD. the optional preventative modification will be filed in the Rules Docket. Applicability: Model 737–200C series of the BS 480 frame. The FAA finds that Commenters wishing the FAA to airplanes having line numbers 292 and accomplishment of the initial inspection acknowledge receipt of their comments subsequent, certificated in any category. alone would not adequately address the submitted in response to this rule must Note 1: This AD applies to each airplane unsafe condition. The FAA has submit a self-addressed, stamped identified in the preceding applicability determined that accomplishment of the postcard on which the following provision, regardless of whether it has been modified, altered, or repaired in the area repetitive internal DVI will maintain an statement is made: ‘‘Comments to adequate level of safety in the fleet until subject to the requirements of this AD. For Docket Number 99–NM–352–AD.’’ The airplanes that have been modified, altered, or accomplishment of the preventative postcard will be date stamped and repaired so that the performance of the modification of the BS 480 frame. returned to the commenter. requirements of this AD is affected, the Operators also should note that, Regulatory Impact owner/operator must request approval for an although the alert service bulletin alternative method of compliance in specifies that the manufacturer may be The regulations adopted herein will accordance with paragraph (e) of this AD. contacted for disposition of certain not have substantial direct effects on the The request should include an assessment of repair conditions, this AD requires the States, on the relationship between the the effect of the modification, alteration, or repair of those conditions to be national government and the States, or repair on the unsafe condition addressed by accomplished in accordance with a on the distribution of power and this AD; and, if the unsafe condition has not method approved by the FAA, or in been eliminated, the request should include responsibilities among the various specific proposed actions to address it. accordance with data meeting the type levels of government. Therefore, it is Compliance: Required as indicated, unless certification basis of the airplane determined that this final rule does not approved by a Boeing Company accomplished previously. have federalism implications under To detect and correct cracking in certain Designated Engineering Representative Executive Order 13132. who has been authorized by the FAA to fuselage frames, which, in conjunction with The FAA has determined that this make such findings. multiple site cracking in the lower skin of the regulation is an emergency regulation lap joint, could result in failure of certain lap Determination of Rule’s Effective Date that must be issued immediately to joints, and consequent rapid decompression Since a situation exists that requires correct an unsafe condition in aircraft, of the airplane fuselage, accomplish the following: the immediate adoption of this and that it is not a ‘‘significant regulation, it is found that notice and regulatory action’’ under Executive Repetitive Inspections opportunity for prior public comment Order 12866. It has been determined (a) Prior to the accumulation of 50,000 total hereon are impracticable, and that good further that this action involves an flight cycles, or within 600 flight cycles after cause exists for making this amendment emergency regulation under DOT the effective date of this AD, whichever effective in less than 30 days. Regulatory Policies and Procedures (44 occurs later: Perform a low frequency eddy FR 11034, February 26, 1979). If it is current (sliding probe) inspection to detect Comments Invited determined that this emergency cracking in accordance with Part 3.A. of the Although this action is in the form of regulation otherwise would be Accomplishment Instructions of Boeing Alert a final rule that involves requirements significant under DOT Regulatory Service Bulletin 737–53A1220, dated October affecting flight safety and, thus, was not Policies and Procedures, a final 4, 1999. Repeat the inspections at intervals not to exceed 600 flight cycles until preceded by notice and an opportunity regulatory evaluation will be prepared accomplishment of the requirements of for public comment, comments are and placed in the Rules Docket. A copy paragraph (b) of this AD. invited on this rule. Interested persons of it, if filed, may be obtained from the (b) Within 2,500 flight cycles following are invited to comment on this rule by Rules Docket at the location provided accomplishment of the initial inspection submitting such written data, views, or under the caption ADDRESSES. required by paragraph (a) of this AD: Perform arguments as they may desire. an internal detailed visual inspection to List of Subjects in 14 CFR Part 39 Communications shall identify the detect cracking in accordance with the Part Rules Docket number and be submitted Air transportation, Aircraft, Aviation 3.B. of the Accomplishment Instructions of in triplicate to the address specified safety, Incorporation by reference, Boeing Alert Service Bulletin 737–53A1220, dated October 4, 1999. Repeat the inspection under the caption ADDRESSES. All Safety. thereafter at intervals not to exceed 2,500 communications received on or before Adoption of the Amendment flight cycles until the modification required the closing date for comments will be by paragraph (d) of this AD is accomplished. considered, and this rule may be Accordingly, pursuant to the amended in light of the comments authority delegated to me by the Detailed Visual Inspection received. Factual information that Administrator, the Federal Aviation Note 2: For the purposes of this AD, a supports the commenter’s ideas and Administration amends part 39 of the detailed visual inspection is defined as: ‘‘An suggestions is extremely helpful in Federal Aviation Regulations (14 CFR intensive visual examination of a specific evaluating the effectiveness of the AD part 39) as follows: structural area, system, installation, or action and determining whether assembly to detect damage, failure, or irregularity. Available lighting is normally additional rulemaking action would be PART 39ÐAIRWORTHINESS DIRECTIVES supplemented with a direct source of good needed. lighting at intensity deemed appropriate by Comments are specifically invited on 1. The authority citation for part 39 the inspector. Inspection aids such as mirror, the overall regulatory, economic, magnifying lenses, etc., may be used. Surface environmental, and energy aspects of continues to read as follows: cleaning and elaborate access procedures the rule that might suggest a need to Authority: 49 U.S.C. 106(g), 40113, 44701. may be required.’’

VerDate 162000 18:25 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm02 PsN: 24FER1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations 9217

Corrective Actions DEPARTMENT OF TRANSPORTATION FOR FURTHER INFORMATION CONTACT: (c) Prior to further flight, repair any Satish Lall, Aerospace Engineer, cracking detected by any inspection required Federal Aviation Administration Airframe and Propulsion Branch, ACE– by paragraph (a) or (b) of this AD in 117A, FAA, Small Airplane Directorate, accordance with a method approved by the 14 CFR Part 39 Atlanta Aircraft Certification Office, Manager, Seattle Aircraft Certification Office One Crown Center, 1895 Phoenix (ACO), FAA, Transport Airplane Directorate; [Docket No. 99±NM±370±AD; Amendment or in accordance with data meeting the type 39±11591; AD 2000±04±09] Boulevard, suite 450, Atlanta, Georgia 30337–2748; telephone (770) 703–6082; certification basis of the airplane approved RIN 2120±AA64 by a Boeing Company Designated fax (770) 703–6097. Engineering Representative (DER) who has Airworthiness Directives; Empresa SUPPLEMENTARY INFORMATION: The been authorized by the Manager, Seattle Brasileira de Aeronautica S.A. Departmento de Aviacao Civil (DAC), ACO, to make such findings. For a repair which is the airworthiness authority for method to be approved by the Manager, (EMBRAER) Model EMB±135 and EMB±145 Series Airplanes Brazil, notified the FAA that an unsafe Seattle ACO, as required by this paragraph, condition may exist on certain the approval letter must specifically AGENCY: Federal Aviation reference this AD. EMBRAER Model EMB–135 and EMB– Administration, DOT. 145 series airplanes. The DAC advises Optional Terminating Action ACTION: Final rule; request for that it has received a report of looseness (d) Installation of the preventative comments. of the hinge fitting attachment of the modification of the BS 480 frame in elevator spring tab of the horizontal accordance with Part 3.C. of the SUMMARY: This amendment adopts a stabilizer. The configuration of the Accomplishment Instructions of Boeing Alert new airworthiness directive (AD) that is hinge fitting attachment of the elevator Service Bulletin 737–53A1220, dated October applicable to certain EMBRAER Model servo tab is similar in design to that of 4, 1999, constitutes terminating action for the EMB–135 and EMB–145 series requirements of this AD. the elevator spring tab. Therefore the airplanes. This action requires various elevator servo tab may be subject to the Alternative Methods of Compliance inspections to detect discrepancies of same unsafe condition reported on the (e) An alternative method of compliance or the elevator servo tab and spring tab elevator spring tab. The looseness was adjustment of the compliance time that hinge fittings of the horizontal attributed to the incorrect installation of provides an acceptable level of safety may be stabilizer, and follow-on corrective the attachment fasteners (two) to the tab used if approved by the Manager, Seattle actions, if necessary. This amendment is upper skin. The loss of the fitting ACO. Operators shall submit their requests prompted by issuance of mandatory rigidity may cause damage to the other through an appropriate FAA Principal continuing airworthiness information by Maintenance Inspector, who may add attachment fasteners (four) in the tab a foreign civil airworthiness authority. spar, which could cause the linkage of comments and then send it to the Manager, The actions specified in this AD are Seattle ACO. the elevator servo tab or spring tab hinge intended to prevent the linkage of the fittings to separate from the horizontal Note 3: Information concerning the elevator servo tab or spring tab hinge existence of approved alternative methods of stabilizer. This condition, if not compliance with this AD, if any, may be fittings from separating from the corrected, could result in loss of control obtained from the Seattle ACO. horizontal stabilizer, which could result of the airplane. in loss of control of the airplane. Special Flight Permits DATES: Effective March 10, 2000. Explanation of Relevant Service (f) Special flight permits may be issued in The incorporation by reference of Information accordance with sections 21.197 and 21.199 certain publications listed in the The manufacturer has issued Embraer of the Federal Aviation Regulations (14 CFR regulations is approved by the Director Alert Service Bulletin S.B. 145–55– 21.197 and 21.199) to operate the airplane to of the Federal Register as of March 10, A022, Change 02, dated October 8, 1999, a location where the requirements of this AD 2000. can be accomplished. which describes procedures for various Comments for inclusion in the Rules inspections to detect discrepancies of Incorporation by Reference Docket must be received on or before the elevator servo tab and spring tab (g) Except as provided by paragraph (c) of March 27, 2000. hinge fittings of the horizontal this AD, the actions shall be done in ADDRESSES: Submit comments in stabilizer, and corrective actions, if accordance with Boeing Alert Service triplicate to the Federal Aviation necessary. Bulletin 737–53A1220, dated October 4, Administration (FAA), Transport • Part I of the Accomplishment 1999. This incorporation by reference was Airplane Directorate, ANM–114, Instructions: Repetitive visual approved by the Director of the Federal Attention: Rules Docket No. 99–NM– inspections to detect proper attachment Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies may be obtained 370–AD, 1601 Lind Avenue, SW., (as specified in the alert service from Boeing Commercial Airplane Group, Renton, Washington 98055–4056. bulletin) of the left-and right-hand P.O. Box 3707, Seattle, WA 98124–2207. The service information referenced in elevator servo tab and spring tab hinge Copies may be inspected at the FAA, this AD may be obtained from Empresa fittings of the horizontal stabilizer, and Transport Airplane Directorate, 1601 Lind Brasileira de Aeronautica S.A. follow-on corrective actions, if Avenue, SW., Renton, WA; or at the Office (EMBRAER), P.O. Box 343—CEP 12.225, necessary. The corrective actions of the Federal Register, 800 North Capitol Sao Jose dos Campos—SP, Brazil. This involve replacing all affected tabs with Street, NW., suite 700, Washington, DC. information may be examined at the new or serviceable tabs or (h) This amendment becomes effective on FAA, Transport Airplane Directorate, accomplishing Part II of the March 10, 2000. 1601 Lind Avenue, SW., Renton, Accomplishment Instructions. Issued in Renton, Washington, on February Washington; or at the FAA, Small • Part II of the Accomplishment 15, 2000. Airplane Directorate, Atlanta Aircraft Instructions: One-time visual inspection Donald L. Riggin, Certification Office, One Crown Center, to detect relative movement between the Acting Manager, Transport Airplane 1895 Phoenix Boulevard, suite 450, servo tab center hinge fitting and the tab Directorate, Aircraft Certification Service. Atlanta, Georgia; or at the Office of the lower skin and spar, and between the [FR Doc. 00–4116 Filed 2–23–00; 8:45 am] Federal Register, 800 North Capitol spring tab inboard hinge fitting and the BILLING CODE 4910±13±P Street, NW., suite 700, Washington, DC. tab upper skin and spar, and corrective

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 9218 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations actions, if necessary. The corrective Differences Between Rule and Related environmental, and energy aspects of actions involve replacing all affected Service Information the rule that might suggest a need to tabs with new or serviceable tabs. Part Operators should note that the modify the rule. All comments II of the Accomplishment Instructions parallel Brazilian airworthiness submitted will be available, both before also includes procedures for directive and the manufacturer’s alert and after the closing date for comments, accomplishing a rework and performing service bulletin allow the repetitive in the Rules Docket for examination by a boroscopic inspection to verify correct inspection interval to be increased from interested persons. A report that installation (as specified in the alert 100 flight hours to 400 flight hours after summarizes each FAA-public contact service bulletin) of the fasteners accomplishing Part II (one-time detailed concerned with the substance of this AD attaching the elevator servo tab and visual inspection and boroscopic will be filed in the Rules Docket. spring tab hinge fittings to the elevator inspection) of the Accomplishment Commenters wishing the FAA to servo tabs and spring tabs, and replacing Instructions of the alert service bulletin. acknowledge receipt of their comments the fasteners (one at a time) with new However, this AD would allow the submitted in response to this rule must fasteners and washers, if necessary. The repetitive inspection interval to be submit a self-addressed, stamped boroscopic inspection is repeated to increased to 400 flight hours following postcard on which the following ensure correct installation of all replacement of all elevator servo and statement is made: ‘‘Comments to replaced fasteners. spring tabs. Docket Number 99–NM–370–AD.’’ The The DAC classified this alert service In addition, the FAA has determined postcard will be date stamped and bulletin as mandatory and issued that it is not necessary to accomplish returned to the commenter. Brazilian airworthiness directive 1999– the rework and boroscopic inspection Regulatory Impact 09–01R1, dated October 25, 1999, in recommended by Part II of the The regulations adopted herein will order to assure the continued Accomplishment Instructions of the not have a substantial direct effect on airworthiness of these airplanes in alert service bulletin on any elevator the States, on the relationship between Brazil. servo and spring tabs which have been the national Government and the States, replaced in accordance with this AD. FAA’s Conclusions or on the distribution of power and The FAA has determined that responsibilities among the various These airplane models are replacement of affected elevator servo levels of government. Therefore, it is manufactured in Brazil and are type and spring tabs adequately addresses determined that this final rule does not certificated for operation in the United the unsafe condition and ensures have federalism implications under States under the provisions of section operational safety of the affected 21.29 of the Federal Aviation Executive Order 13132. airplanes until final action can be The FAA has determined that this Regulations (14 CFR 21.29) and the identified. applicable bilateral airworthiness regulation is an emergency regulation agreement. Pursuant to this bilateral Determination of Rule’s Effective Date that must be issued immediately to airworthiness agreement, the DAC has Since a situation exists that requires correct an unsafe condition in aircraft, kept the FAA informed of the situation the immediate adoption of this and that it is not a ‘‘significant described above. The FAA has regulation, it is found that notice and regulatory action’’ under Executive examined the findings of the DAC, opportunity for prior public comment Order 12866. It has been determined reviewed all available information, and hereon are impracticable, and that good further that this action involves an determined that AD action is necessary cause exists for making this amendment emergency regulation under DOT for products of this type design that are effective in less than 30 days. Regulatory Policies and Procedures (44 certificated for operation in the United FR 11034, February 26, 1979). If it is States. Comments Invited determined that this emergency Although this action is in the form of regulation otherwise would be Explanation of Requirements of Rule a final rule that involves requirements significant under DOT Regulatory Since an unsafe condition has been affecting flight safety and, thus, was not Policies and Procedures, a final identified that is likely to exist or preceded by notice and an opportunity regulatory evaluation will be prepared develop on other airplanes of the same for public comment, comments are and placed in the Rules Docket. A copy type design registered in the United invited on this rule. Interested persons of it, if filed, may be obtained from the States, this AD is being issued to are invited to comment on this rule by Rules Docket at the location provided prevent the linkage of the elevator servo submitting such written data, views, or under the caption ADDRESSES. tab or spring tab hinge fittings from arguments as they may desire. List of Subjects in 14 CFR Part 39 separating from the horizontal stabilizer, Communications shall identify the which could result in loss of control of Rules Docket number and be submitted Air transportation, Aircraft, Aviation the airplane. This AD requires in triplicate to the address specified safety, Incorporation by reference, Safety. accomplishment of the actions specified under the caption ADDRESSES. All in the alert service bulletin described communications received on or before Adoption of the Amendment previously, except as discussed below. the closing date for comments will be considered, and this rule may be Accordingly, pursuant to the Interim Action amended in light of the comments authority delegated to me by the This is considered to be interim received. Factual information that Administrator, the Federal Aviation action. The manufacturer has advised supports the commenter’s ideas and Administration amends part 39 of the that it currently is developing a suggestions is extremely helpful in Federal Aviation Regulations (14 CFR modification that will positively address evaluating the effectiveness of the AD part 39) as follows: the unsafe condition addressed by this action and determining whether PART 39ÐAIRWORTHINESS AD. Once this modification is additional rulemaking action would be DIRECTIVES developed, approved, and available, the needed. FAA may consider additional Comments are specifically invited on 1. The authority citation for part 39 rulemaking. the overall regulatory, economic, continues to read as follows:

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations 9219

Authority: 49 U.S.C. 106(g), 40113, 44701. either paragraph (a)(2)(i) or (a)(2)(ii) of this the compliance with the applicable actions AD. specified by this AD. § 39.13 [Amended] (i) Replace the affected tab with a new or 2. Section 39.13 is amended by serviceable tab in accordance with Part I of Alternative Methods of Compliance the Accomplishment Instruction of the alert (c) An alternative method of compliance or adding the following new airworthiness service bulletin. Thereafter, repeat the directive: detailed visual inspection required by adjustment of the compliance time that 2000–04–09 Empresa Brasileira de paragraph (a) of this AD at intervals not to provides an acceptable level of safety may be Aeronautica S.A. (EMBRAER): exceed 100 flight hours until the used if approved by the Manager, Atlanta Amendment 39–11591. Docket 99–NM– requirements of paragraph (b) of this AD are Aircraft Certification Office (ACO), FAA, 370–AD. accomplished. Following replacement of all Small Airplane Directorate. Operators shall Applicability: Model EMB–135 and EMB– tabs, repeat the inspection required by submit their requests through an appropriate 145 series airplanes, as listed in Embraer paragraph (a) of this AD at intervals not to FAA Principal Maintenance Inspector, who Alert Service Bulletin S.B. 145–55–A022, exceed 400 flight cycles; or may add comments and then send it to the Change 02, dated October 8, 1999; (ii) Accomplish the requirements of Manager, Atlanta ACO. certificated in any category. paragraphs (b) of this AD. (b) For airplanes that have not replaced all Note 5: Information concerning the Note 1: This AD applies to each airplane elevator servo tabs and spring tabs: Within existence of approved alternative methods of identified in the preceding applicability 400 flight hours after the effective date of this compliance with this AD, if any, may be provision, regardless of whether it has been AD, perform a one-time detailed visual obtained from the Atlanta ACO. modified, altered, or repaired in the area inspection to detect relative movement subject to the requirements of this AD. For between the servo tab center hinge fitting and Special Flight Permits airplanes that have been modified, altered, or the tab lower skin and tab spar, and between repaired so that the performance of the (d) Special flight permits may be issued in the elevator spring tab inboard hinge fitting requirements of this AD is affected, the accordance with sections 21.197 and 21.199 and the tab upper skin and tab spar, in of the Federal Aviation Regulations (14 CFR owner/operator must request approval for an accordance with Part II of the alternative method of compliance in Accomplishment Instructions of Embraer 21.197 and 21.199) to operate the airplane to accordance with paragraph (c) of this AD. Alert Service Bulletin S.B. 145–55–A022, a location where the requirements of this AD The request should include an assessment of Change 02, dated October 8, 1999. can be accomplished. the effect of the modification, alteration, or (1) If no relative movement is detected, Incorporation by Reference repair on the unsafe condition addressed by prior to further flight, rework the elevator this AD; and, if the unsafe condition has not servo tabs and spring tabs and perform a (e) The actions shall be done in accordance been eliminated, the request should include boroscopic inspection to verify correct with Embraer Alert Service Bulletin S.B. specific proposed actions to address it. installation, as specified in the alert service 145–55–A022, Change 02, dated October 8, Compliance: Required as indicated, unless bulletin, of the fasteners attaching the 1999. This incorporation by reference was accomplished previously. elevator servo tab and spring tab hinge approved by the Director of the Federal To prevent the linkage of the elevator servo fittings to the elevator servo tab and spring Register in accordance with 5 U.S.C. 552(a) tab or spring tab hinge fittings from tab, in accordance with Part II of the separating from the horizontal stabilizer, Accomplishment Instruction of the alert and 1 CFR part 51. Copies may be obtained which could result in loss of control of the service bulletin. from Empresa Brasileira de Aeronautica S.A. airplane, accomplish the following: (i) If all fasteners attaching the elevator (EMBRAER), P.O. Box 343—CEP 12.225, Sao servo tab and spring tab hinge fittings are Jose dos Campos—SP, Brazil. Copies may be Detailed Visual Inspection installed correctly, repeat the inspection inspected at the FAA, Transport Airplane (a) Within 10 flight hours after the effective required by paragraph (a) of this AD at Directorate, 1601 Lind Avenue, SW., Renton, date of this AD, perform a detailed visual intervals not to exceed 400 flight cycles. Washington; or at the FAA, Small Airplane inspection to verify proper attachment, as (ii) If any fastener attaching the elevator Directorate, Atlanta Aircraft Certification specified in the alert service bulletin, of the servo tab or spring tab hinge fittings is Office, One Crown Center, 1895 Phoenix left- and right-hand elevator servo tab and incorrectly installed, as specified in the alert Boulevard, suite 450, Atlanta, Georgia; or at spring tab hinge fittings of the horizontal service bulletin, prior to further flight, stabilizer, in accordance with Part I of the replace, one at a time, each affected fastener the Office of the Federal Register, 800 North Accomplishment Instructions of Embraer with a new fastener and washer, and prior to Capitol Street, NW., suite 700, Washington, Alert Service Bulletin S.B. 145–55–A022, further flight, repeat the boroscopic DC. Change 02, dated October 8, 1999. inspection required by paragraph (b)(1) of Note 6: The subject of this AD is addressed Note 2: For the purposes of this AD, a this AD. When correct fastener installation is in Brazilian airworthiness directive 1999–09– detailed visual inspection is defined as: ‘‘An verified, repeat the inspection required by 01R1, dated October 25, 1999. paragraph (a) of this AD at intervals not to intensive visual examination of a specific (f) This amendment becomes effective on structural area, system, installation, or exceed 400 flight cycles. March 10, 2000. assembly to detect damage, failure, or Note 3: Replacement of the attaching irregularity. Available lighting is normally fasteners one at a time will avoid the loss of Issued in Renton, Washington, on February supplemented with a direct source of good the servo tab or spring tab hinge fittings 15, 2000. position. lighting at intensity deemed appropriate by Donald L. Riggin, the inspector. Inspection aids such as (2) If any relative movement is detected, mirrors, magnifying lenses, etc., may be used. prior to further flight, replace the affected tab Acting Manager, Transport Airplane Surface cleaning and elaborate access with a new or serviceable tab, in accordance Directorate, Aircraft Certification Service. procedures may be required.’’ with Part II of the Accomplishment [FR Doc. 00–4115 Filed 2–23–00; 8:45 am] (1) If all elevator servo tab and spring tab Instructions of the alert service bulletin. BILLING CODE 4910±13±U hinge fittings are properly attached, as Following replacement of all tabs, repeat the specified in the alert service bulletin, repeat inspection required by paragraph (a) of this the detailed visual inspection thereafter at AD at intervals not to exceed 400 flight intervals not to exceed 100 flight hours until cycles. the requirements of paragraph (b) of this AD Note 4: Accomplishment of the actions are accomplished. required by this AD prior to the effective date (2) If any elevator servo tab or spring tab of this AD, in accordance with Embraer Alert hinge fitting is improperly attached, as Service Bulletin S.B. 145–55–A022, dated specified in the alert service bulletin, prior to September 24, 1999, or Revision 01, dated further flight, accomplish the requirements of October 7, 1999, is considered acceptable for

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 9220 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations

DEPARTMENT OF THE TREASURY Executive Order 12866. Therefore, a language ‘‘743(b), less ($125), amount of regulatory assessment is not required. It the basis’’ is corrected to read ‘‘743(b), Internal Revenue Service has been determined that a final less ($125), the amount of the basis’’. regulatory flexibility analysis is required Cynthia E. Grigsby, 26 CFR Parts 1 and 602 for the collection of information in this Treasury decision under 5 U.S.C. 604. Chief, Regulations Unit, Assistant Chief [TD 8847] Counsel (Corporate). This analysis is set forth below under RIN 1545±AS39 the heading ‘‘Final Regulatory [FR Doc. 00–4169 Filed 2–23–00; 8:45 am] Flexibility Act Analysis.’’ Pursuant to BILLING CODE 4830±01±P Adjustments Following Sales of section 7805(f) of the Internal Revenue Partnership Interests; Correction Code, the notice of proposed rulemaking DEPARTMENT OF TRANSPORTATION AGENCY: Internal Revenue Service (IRS), preceding these regulations was Treasury. submitted to the Chief Counsel for Coast Guard ACTION: Correction to final regulations. Advocacy of the Small Business Administration for comment on their 33 CFR Part 165 SUMMARY: This document contains impact on small business. No comments corrections to Treasury Decision 8847, were received regarding the impact of [COTP Tampa 99±042] which was published in the Federal the regulations on small business.’’ RIN 2115 AA97 Register on Wednesday, December 15, 4. On page 69906, column 2, in the 1999 (64 FR 69903), relating to preamble, the paragraph heading Safety Zone; Tampa Bay, Tampa, adjustments following the sale of ‘‘Summary of Final Regulatory Florida partnership interests. Flexibility Act Analysis’’ is corrected to AGENCY: Coast Guard, DOT DATES: These corrections are effective read ‘‘Final Regulatory Flexibility Act ACTION: Final rule. December 15, 1999. Analysis’’. FOR FURTHER INFORMATION CONTACT: § 1.743±1 [Corrected] SUMMARY: The Coast Guard is amending Matthew Lay, (202) 622–3050 (not a toll- the permanent regulations for floating 5. On page 69912, column 1, § 1.743– free number). safety zones around Anhydrous 1(h)(2)(iv), line 3 of the introductory SUPPLEMENTARY INFORMATION: Ammonia (NH3) vessels transiting the text, the language ‘‘paragraph (h):’’ is waters of Tampa Bay. These revisions Background corrected to read ‘‘paragraph (h)(2):’’. will allow for nighttime vessel transits, 6. On page 69912, column 1, § 1.743– and will replace the requirement for a The final regulations that are the 1(h)(2)(iv), the last sentence of safety zone at the berth, with a subject of these corrections are under paragraph (ii) in the Example is requirement to provide 30 minute sections 743, 754, and 755 of the corrected to read as follows: Internal Revenue Code. advanced notice to the NH3 vessel or § 1.743±1 Optional adjustment to basis of facility. Safety improvements in Tampa Need for Correction partnership property. Bay have alleviated the need for such As published, TD 8847 contains errors * * * * * restrictions. which may prove to be misleading and (h) * * * DATES: This section becomes effective are in need of clarification. (2) * * * March 27, 2000. (iv) * * * Correction of Publication FOR FURTHER INFORMATION CONTACT: Example. *** Lieutenant Warren Weedon, Chief, Accordingly, the publication of the (ii) * * * Under paragraph (h)(2)(i) of this section, X’s basis in Asset 1 equals $90 Waterways Management Branch at (813) final regulations (TD 8847), which were 228–2189. the subject of FR Doc. 99–32400, is (PRS’s common basis in the asset, $60, plus SUPPLEMENTARY INFORMATION: corrected as follows: the gain recognized by PRS under section 351(b)(1), $15, plus A’s basis adjustment 1. On page 69904, column 1, in the under section 743(b), $20, less the portion of Regulatory History preamble under the paragraph heading the adjustment which reduced A’s gain, $5). On August 31, 1999, the Coast Guard ‘‘Explanation of Revisions and * * * * * published a notice of proposed Summary of Contents’’, paragraph 1.(c), rulemaking on this amendment to the the last line, the language ‘‘after § 1.754±1 [Corrected] permanent safety zones around December 15, 1999.’’ is corrected to read 7. On page 69916, column 2, § 1.754– Anhydrous Ammonia (NH3) vessels ‘‘on or after December 15, 1999.’’. 1(c)(2), the paragraph heading transiting Tampa Bay in the Federal 2. On page 69905, column 2, in the ‘‘Revocations made for first taxable year Register (64 FR 47752). No comments preamble under the paragraph heading ending after December 15, 1999.’’ is were received during the comment ‘‘4. Elections Under Section 754’’, lines corrected to read ‘‘Revocations effective period. 9 and 10, the language ‘‘previously were on December 15, 1999.’’. Background and Purpose made, the IRS and Treasury believe that 8. On page 69916, column 2, § 1.754– it is appropriate to’’ is corrected to read 1(c)(2), line 7, the language ‘‘15, 1999, After extensive discussions from the ‘‘previously were made, the IRS and the may revoke such election by’’ is Tampa Bay Harbor Safety Committee Treasury Department believe that it is corrected to read ‘‘15, 1999, may revoke and the formation of a Safety Zone appropriate to’’. such election effective for transfers or Subcommittee consisting of Coast Guard 3. On page 69906, column 2, in the distributions occurring on or after representatives, vessel agents, pilots, tug preamble under the paragraph heading December 15, 1999, by’’. operators and port authority ‘‘Special Analyses’’, the paragraph is representatives, recommendations were corrected to read as follows: § 1.755±1 [Corrected] forwarded to the Coast Guard Captain of ‘‘It has been determined that these 9. On page 69917, column 2, § 1.755– the Port to amend the regulations for final regulations are not a significant 1(b)(2)(ii) Example 2. (iii), the third line NH3 vessels transiting the Port of regulatory action as defined in from the bottom of the column, the Tampa.

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations 9221

In 1991, Coast Guard Marine Safety field and governmental jurisdictions minutes notice to the anhydrous Office Tampa temporarily amended the with populations of less than 50,000. ammonia vessel so it may take transit requirements for Anhydrous Therefore, the Coast Guard certifies appropriate safety precautions. Ammonia (NH3) vessels, through Port under section 605(b) that this rule will * * * * * Community Information Bulletin (PCIB) not have a significant effect upon a (g) Vessels carrying anhydrous 6–91 which allowed NH3 vessels to substantial number of small entities, as ammonia are permitted to enter and enter and transit the Port of Tampa this regulation will only be in effect transit Tampa and Hillsborough Bay and during the nighttime with a minimum of approximately twice a week for two approaches only with a minimum of three mile visibility. It also replaced the hours in a limited area of the Port of three miles visibility. Tampa. safety zone extending 150 feet waterside * * * * * while the vessel is moored, with a Collection of Information requirement calling for vessels over Dated: February 8, 2000. 5000 gross tons to provide a 30 minute This rule contains no collection of A.L. Thompson, Jr., notification allowing the NH3 vessel information requirements under the Captain, U.S. Coast Guard, Captain of the time to take appropriate safety Paperwork Reduction Act (44 U.S.C. Port. precautions. PCIB 6–91 has been 3501 et seq.). [FR Doc. 00–4374 Filed 2–23–00; 8:45 am] replaced with a case by case waiver Federalism BILLING CODE 4910±15±P from the current regulations, utilizing This action has been analyzed in the operational restriction initially accordance with the principles and identified in the PCIB. The Captain of ENVIRONMENTAL PROTECTION criteria contained in Executive Order the Port is now incorporating these AGENCY 13132, and it has been determined that proven operational guidelines into the the rulemaking does not have sufficient permanent regulations. 40 CFR Part 52 Federalism implications under that In the late 1980’s and early 1990’s, order. [Region VII Tracking No 089±1089; FRL± many safety changes were made to the 6518±7] port, including the widening and Environmental Assessment deepening of the shipping channels, The Coast Guard has considered the Approval and Promulgation of Air installation of centerline range marks, environmental impact of this action and Quality Implementation Plans; State of inbound and outbound, an increased has determined under Figure 2–1, Iowa; Correction brightness in range lights and a new paragraph (34)(g) of Commandant AGENCY: Environmental Protection Vessel Traffic Advisory System (VTAS). Instruction M16475.1C, that this rule is Agency (EPA). These changes have enhanced the level categorically excluded from further ACTION: Direct final rule; correcting of safety on the navigable waters of environmental documentation. A amendment. Tampa Bay. Categorical Exclusion Determination has Regulatory Evaluation been prepared and is available in the SUMMARY: This document corrects an docket for inspection and copying. error in the amendatory instruction in a This rule is not a significant direct final rule pertaining to the regulatory action under section 3(f) of List of Subjects in 33 CFR Part 165 Buffalo, Iowa, PM10 control plan Executive Order 12866 and does not Harbors, Marine safety, Navigation regulation. require an assessment of potential costs (water), Reports and recordkeeping and benefits under section 6(a)(3) of the requirements, Security measures, EFFECTIVE DATE: February 24, 2000. order. It has been exempted from review Waterways. FOR FURTHER INFORMATION CONTACT: Edward West at (913) 551–7330. by the Office of Management and Final Regulations Budget under that order. It is not SUPPLEMENTARY INFORMATION: EPA significant under the regulatory policies In consideration of the foregoing, the published a document on March 18, and procedures of the Department of Coast Guard amends Part 165 of Title 1999 (64 FR 13343), inadvertently Transportation (DOT) (44 FR 11040; 33, Code of Federal Regulations as omitting a revision to the nonregulatory February 26, 1979). The Coast Guard follows: table in paragraph (e). This document expects the economic impact of this rule adds that revision. to be so minimal that a full Regulatory PART 165Ð[AMENDED] Administrative Requirements Evaluation under paragraph 10e of the 1. The authority citation for Part 165 regulatory policies and procedures of continues to read as follows: Under Executive Order 12866 (58 FR DOT is unnecessary. This regulation 51735, October 4, 1993), this action is Authority: 33 U.S.C. 1231; 50 U.S.C. 191; already exists. The amended rule will 33 CFR 1.05–1(g), 6.04–1, 6.04–6, and 160.5; not a ‘‘significant regulatory action’’ and have minimal effects on vessel traffic as 49 CFR 1.46. is therefore not subject to review by the it will only extend the hours of 2. Revise § 165.703 (b) and (g) to read Office of Management and Budget. In operation to include the nighttime. as follows: addition, this action does not impose any enforceable duty or contain any Small Entities § 165.703 Safety Zone; Tampa Bay, unfunded mandate as described in the Under the Regulatory Flexibility Act Florida. Unfunded Mandates Reform Act of 1995 (5 U.S.C. 601 et seq.), the Coast Guard * * * * * (Public Law 104–4), or require prior must consider whether this rule will (b) All vessels over 5000 gross tons consultation with state officials as have a significant economic impact on intending to pass anhydrous ammonia specified by Executive Order 12875 (58 a substantial number of small entities. vessels moored in Port Sutton, and all FR 58093, October 28, 1993), or involve ‘‘Small entities’’ include small vessels intending to moor in the R. E. special consideration of environmental businesses, not-for-profit organizations Knight facilities at Hookers Point while justice related issues as required by that are independently owned and an anhydrous ammonia vessel is Executive Order 12898 (59 FR 7629, operated and are not dominant in their moored in this facility, must give 30 February 16, 1994).

VerDate 162000 16:34 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm11 PsN: 24FER1 9222 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Rules and Regulations

Because this corrective rulemaking of Representatives, and the Comptroller PART 52Ð[AMENDED] action is not subject to notice-and- General of the United States prior to comment requirements under the publication of the rule in the Federal 1. The authority citation for part 52 Administrative Procedure Act or any Register. This amendment to the PM10 continues to read as follows: other statute, it is not subject to the control plan for Buffalo, Iowa, is not a Authority: 42 U.S.C. 7401 et seq. provisions of the Regulatory Flexibility ‘‘major rule’’ as defined by 5 U.S.C. Act (5 U.S.C. 601 et seq.). 804(2). Subpart QÐIowa The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small List of Subjects in 40 CFR Part 52 2. Section 52.820 is amended by Business Regulatory Enforcement Environmental protection, Air adding an entry at the end of the table Fairness Act of 1996, generally provides pollution control, Carbon monoxide, that before a rule may take effect, the Hydrocarbons, Incorporation by in paragraph (e) as follows: agency promulgating the rule must reference, Intergovernmental relations. § 52.820 Identification of plan. submit a rule report, which includes a Dated: November 9, 1999. copy of the rule, to each House of the * * * * * Congress and to the Comptroller General Dennis Grams, P.E., (e) * * * of the United States. EPA will submit a Regional Administrator, Region VII. report containing this rule and other Part 52 of chapter I, title 40, Code of required information to the United Federal Regulations, is amended as States Senate, the United States House follows:

EPA-APPROVED IOWA NONREGULATORY PROVISIONS

State submittal EPA approval Name of nonregulatory SIP provision Applicable geographic or nonattainment area date date Explanation

******* PM10 control plan ...... Buffalo, Iowa ...... 10/1/98 03/18/99 64 FR 13346

[FR Doc. 00–4233 Filed 2–23–00; 8:45 am] BILLING CODE 6560±50±P

VerDate 162000 18:25 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 E:\FR\FM\24FER1.SGM pfrm02 PsN: 24FER1 9223

Proposed Rules Federal Register Vol. 65, No. 37

Thursday, February 24, 2000

This section of the FEDERAL REGISTER 5090, (703) 883–4020, TDD (703) 883– ADDRESSES: Submit comments in contains notices to the public of the proposed 4444. triplicate to the Federal Aviation issuance of rules and regulations. The SUPPLEMENTARY INFORMATION: On Administration (FAA), Transport purpose of these notices is to give interested November 12, 1999, FCA published a Airplane Directorate, ANM–114, persons an opportunity to participate in the Attention: Rules Docket No. 99–NM– rule making prior to the adoption of the final proposed rule in the Federal Register to rules. amend regulations in part 650 to 362–AD, 1601 Lind Avenue, SW., establish a risk-based capital stress test Renton, Washington 98055–4056. for the Corporation as required by Comments may be inspected at this FARM CREDIT ADMINISTRATION section 8.32 of the Farm Credit Act of location between 9:00 a.m. and 3:00 1971, as amended (12 U.S.C. 227966–1). p.m., Monday through Friday, except 12 CFR Part 650 The comment period will expire on Federal holidays. The service information referenced in RIN 3052±AB56 March 13, 2000. See 64 FR 61740, November 12, 1999. In response to a the proposed rule may be obtained from Federal Agricultural Mortgage request, we now extend the comment Airbus Industrie, 1 Rond Point Maurice Corporation; Risk-Based Capital period until June 12, 2000, so Bellonte, 31707 Blagnac Cedex, France. Requirements commenters will have more time to This information may be examined at respond. the FAA, Transport Airplane AGENCY: Farm Credit Administration. Directorate, 1601 Lind Avenue, SW., Dated: February 17, 2000. ACTION: Proposed rule; comment period Renton, Washington. Vivian L. Portis, extension. FOR FURTHER INFORMATION CONTACT: Secretary, Farm Credit Administration Board. Norman B. Martenson, Manager, SUMMARY: The Farm Credit [FR Doc. 00–4339 Filed 2–23–00; 8:45 am] Administration (FCA) Board extends the International Branch, ANM–116, FAA, BILLING CODE 6705±01±P comment period on the proposed rule Transport Airplane Directorate, 1601 that would establish risk-based capital Lind Avenue, SW., Renton, Washington requirements for the Federal 98055–4056; telephone (425) 227–2110; DEPARTMENT OF TRANSPORTATION Agricultural Mortgage Corporation fax (425) 227–1149. SUPPLEMENTARY INFORMATION: (Corporation) to June 12, 2000, so Federal Aviation Administration interested parties have additional time Comments Invited to provide comments. 14 CFR Part 39 Interested persons are invited to DATES: Please send your comments to us participate in the making of the on or before June 12, 2000. [Docket No. 99±NM±362±AD] proposed rule by submitting such ADDRESSES: RIN 2120±AA64 You may mail or deliver written data, views, or arguments as comments to Carl A. Clinefelter, they may desire. Communications shall Director, Office of Secondary Market Airworthiness Directives; Airbus Model A300±600 Series Airplanes identify the Rules Docket number and Oversight, Farm Credit Administration, be submitted in triplicate to the address 1501 Farm Credit Drive, McLean, AGENCY: Federal Aviation specified above. All communications Virginia 22102–5090 or send them by Administration, DOT. received on or before the closing date facsimile transmission to (703) 734– ACTION: Notice of proposed rulemaking for comments, specified above, will be 5784. You may also submit comments (NPRM). considered before taking action on the via electronic mail to ‘‘reg- proposed rule. The proposals contained [email protected]’’ or through the Pending SUMMARY: This document proposes the in this notice may be changed in light Regulations section of the FCA’s adoption of a new airworthiness of the comments received. interactive Web site at ‘‘www.fca.gov.’’ directive (AD) that is applicable to Comments are specifically invited on Copies of all communications received certain Airbus Model A300–600 series the overall regulatory, economic, will be available for review by airplanes. This proposal would require environmental, and energy aspects of interested parties in the Office of Policy modification of certain electrical looms the proposed rule. All comments and Analysis, Farm Credit of the nose and main landing gear and submitted will be available, both before Administration. modification of the rotor shaft and after the closing date for comments, FOR FURTHER INFORMATION CONTACT: Carl attachment of the nose and main in the Rules Docket for examination by A. Clinefelter, Director, Office of landing gear tachometers. This proposal interested persons. A report Secondary Market Oversight, Farm is prompted by issuance of mandatory summarizing each FAA-public contact Credit Administration, McLean, VA continuing airworthiness information by concerned with the substance of this 22102–5090, (703) 883–4280, TDD (703) a foreign civil airworthiness authority. proposal will be filed in the Rules 883–4444, or Dennis K. Carpenter, The actions specified by the proposed Docket. Senior Policy Analyst, Office of Policy AD are intended to prevent erratic Commenters wishing the FAA to and Analysis, Farm Credit operation of the wheel tachometers, acknowledge receipt of their comments Administration, McLean, VA 22102– which could result in degradation of the submitted in response to this notice 5090, (703) 883–4498, TDD (703) 883– braking performance, and possible must submit a self-addressed, stamped 4444, or Joy Strickland, Senior Counsel, increased landing roll. postcard on which the following Office of General Counsel, Farm Credit EFFECTIVE DATE: Comments must be statement is made: ‘‘Comments to Administration, McLean, VA 22102– received by March 27, 2000. Docket Number 99–NM–362–AD.’’ The

VerDate 162000 16:36 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM pfrm11 PsN: 24FEP1 9224 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Proposed Rules postcard will be date stamped and replacing the drive coupling with a new proposed modification of the rotor shaft returned to the commenter. drive coupling, and attaching the rotor attachment, at an average labor rate of shaft to the drive coupling with a rivet. $60 per work hour. Required parts Availability of NPRMs Accomplishment of the actions would cost approximately $169 per Any person may obtain a copy of this specified in the Airbus service bulletins airplane. Based on these figures, the cost NPRM by submitting a request to the is intended to adequately address the impact of the proposed AD on U.S. FAA, Transport Airplane Directorate, identified unsafe condition. The DGAC operators is estimated to be $74,971, or ANM–114, Attention: Rules Docket No. classified these service bulletins as $949 per airplane. 99–NM–362–AD, 1601 Lind Avenue, mandatory and issued French The cost impact figures discussed SW., Renton, Washington 98055–4056. airworthiness directive 1999–428– above are based on assumptions that no Discussion 295(B), dated November 3, 1999, in operator has yet accomplished any of ´ ´ order to assure the continued the proposed requirements of this AD The Direction Generale de l’Aviation airworthiness of these airplanes in action, and that no operator would Civile (DGAC), which is the France. accomplish those actions in the future if airworthiness authority for France, The Airbus service bulletins reference this AD were not adopted. notified the FAA that an unsafe Messier-Dowty Service Bulletin 470– condition may exist on certain Airbus 32–779, dated April 14, 1997; Messier- Regulatory Impact Model A300–600 series airplanes. The Dowty Service Bulletin 470–32–777, The regulations proposed herein DGAC advises that it has received a dated July 1, 1997; and Messier-Bugatti would not have a substantial direct report indicating that, after touchdown, Service Bulletin C20105–32–782, dated effect on the States, on the relationship an airplane overran the runway due to October 17, 1996, as additional sources between the national Government and degradation of the braking system of service information for accomplishing the States, or on the distribution of performance combined with non- the requirements of this proposed AD. power and responsibilities among the extension of spoilers 1 and 4. various levels of government. Therefore, FAA’s Conclusions Investigation into the degradation of the it is determined that this proposal braking system performance and the This airplane model is manufactured would not have federalism implications non-extension of the spoilers revealed in France and is type certificated for under Executive Order 13132. that the cause was attributed to operation in the United States under the For the reasons discussed above, I incorrect speed signals supplied by the provisions of section 21.29 of the certify that this proposed regulation (1) wheel tachometers due to: Federal Aviation Regulations (14 CFR is not a ‘‘significant regulatory action’’ • Moisture, dirt, and subsequent 21.29) and the applicable bilateral under Executive Order 12866; (2) is not corrosion of the electrical connectors of airworthiness agreement. Pursuant to a ‘‘significant rule’’ under the DOT the nose and main landing gears; and this bilateral airworthiness agreement, • Regulatory Policies and Procedures (44 Fracture of the coupling pins the DGAC has kept the FAA informed FR 11034, February 26, 1979); and (3) if between the rotor shaft attachment and of the situation described above. The promulgated, will not have a significant the drive coupling of the tachometer. FAA has examined the findings of the economic impact, positive or negative, These conditions, if not corrected, DGAC, reviewed all available on a substantial number of small entities could result in erratic operation of the information, and determined that AD under the criteria of the Regulatory tachometers, which could cause a action is necessary for products of this Flexibility Act. A copy of the draft significant degradation of the braking type design that are certificated for regulatory evaluation prepared for this system performance. Furthermore, if a operation in the United States. action is contained in the Rules Docket. tachometer on an aft wheel of the main A copy of it may be obtained by landing gear is not operating correctly, Explanation of Requirements of contacting the Rules Docket at the this condition could affect the control Proposed rule location provided under the caption logic of the spoiler extension and could Since an unsafe condition has been ADDRESSES. result in an increased landing roll. identified that is likely to exist or List of Subjects in 14 CFR Part 39 Explanation of Relevant Service develop on other airplanes of the same Information type design registered in the United Air transportation, Aircraft, Aviation States, the proposed AD would require safety, Safety. The manufacturer has issued Airbus accomplishment of the actions specified Service Bulletin A300–32–6069, in the Airbus service bulletins described The Proposed Amendment Revision 01, dated December 29, 1999, previously. Accordingly, pursuant to the which describes procedures for Cost Impact authority delegated to me by the modification of certain electrical looms Administrator, the Federal Aviation of the nose and main landing gears. The The FAA estimates that 79 airplanes Administration proposes to amend part modification involves installing heat- of U.S. registry would be affected by this 39 of the Federal Aviation Regulations shrinkable sheaths on the ground/flight proposed AD. (14 CFR part 39) as follows: detection loom connectors and strut- It would take approximately 7 work locking switches, and draining the hours per airplane to accomplish the PART 39ÐAIRWORTHINESS looms of certain locking switches. proposed modification of the electrical DIRECTIVES The manufacturer also has issued looms, at an average labor rate of $60 Airbus Service Bulletin A300–32–6077, per work hour. Required parts would 1. The authority citation for part 39 Revision 01, dated September 25, 1999, cost approximately $687 per airplane. continues to read as follows: which describes procedures for Based on these figures, the cost impact Authority: 49 U.S.C. 106(g), 40113, 44701. modification of the rotor shaft of the proposed AD on U.S. operators is attachment of the nose and main estimated to be $87.453, or $1,107 per § 3913 [Amended] landing gear tachometers. This airplane. 2. Section 39.13 is amended by modification involves machining the It would take approximately 13 work adding the following new airworthiness rotor assembly and either machining or hours per airplane to accomplish the directive:

VerDate 162000 16:36 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM pfrm11 PsN: 24FEP1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Proposed Rules 9225

Airbus Industrie: Docket 99–NM–362–AD. appropriate FAA Principal Maintenance ADDRESSES: Submit comments in Applicability: Model A300–600 series Inspector, who may add comments and then triplicate to the Federal Aviation airplanes, certificated in any category, except send it to the Manager, International Branch, Administration (FAA), Transport those airplanes on which Airbus ANM–116. Airplane Directorate, ANM–114, Modifications 11661 and 11676 (Airbus Note 4: Information concerning the Attention: Rules Docket No. 99–NM– Service Bulletin A300–32–6069) and 12095 existence of approved alternative methods of 28–AD, 1601 Lind Avenue, SW., (Airbus Service Bulletin A300–32–6077) compliance with this AD, if any, may be have been installed. obtained from the International Branch, Renton, Washington 98055–4056. Note 1: This AD applies to each airplane ANM–116. Comments may be inspected at this identified in the preceding applicability location between 9:00 a.m. and 3:00 provision, regardless of whether it has been Special Flight Permits p.m., Monday through Friday, except otherwise modified, altered, or repaired in (c) Special flight permits may be issued in Federal holidays. the area subject to the requirements of this accordance with sections 21.197 and 21.199 The service information referenced in AD. For airplanes that have been modified, of the Federal Aviation Regulations (14 CFR the proposed rule may be obtained from altered, or repaired so that the performance 21.197 and 21.199) to operate the airplane to Airbus Industrie, 1 Rond Point Maurice of the requirements of this AD is affected, the a location where the requirements of this AD Bellonte, 31707 Blagnac Cedex, France. owner/operator must request approval for an can be accomplished. This information may be examined at alternative method of compliance in Note 5: The subject of this AD is addressed accordance with paragraph (b) of this AD. the FAA, Transport Airplane in French airworthiness directive 1999–428– Directorate, 1601 Lind Avenue, SW., The request should include an assessment of 295(B), dated November 3, 1999. the effect of the modification, alteration, or Renton, Washington. repair on the unsafe condition addressed by Issued in Renton, Washington, on February FOR FURTHER INFORMATION CONTACT: this AD; and, if the unsafe condition has not 4, 2000. Norman B. Martenson, Manager, been eliminated, the request should include Donald L. Riggin, International Branch, ANM–116, FAA, specific proposed actions to address it. Acting Manager, Transport Airplane Transport Airplane Directorate, 1601 Compliance: Required as indicated, unless Directorate, Aircraft Certification Service. Lind Avenue, SW., Renton, Washington accomplished previously. [FR Doc. 00–3134 Filed 2–23–00; 8:45 am] To prevent erratic operation of the wheel 98055–4056; telephone (425) 227–2110; tachometers, which could result in BILLING CODE 4910±13±M fax (425) 227–1149. degradation of the braking performance, and SUPPLEMENTARY INFORMATION: possible increased landing roll, accomplish the following: DEPARTMENT OF TRANSPORTATION Comments Invited Interested persons are invited to Modifications Federal Aviation Administration (a) Within 18 months after the effective participate in the making of the proposed rule by submitting such date of this AD, accomplish the requirements 14 CFR Part 39 of paragraphs (a)(1) and (a)(2) of this AD. written data, views, or arguments as (1) Modify the electrical looms of the nose [Docket No. 99±NM±28±AD] they may desire. Communications shall and main landing gear, in accordance with RIN 2120±AA64 identify the Rules Docket number and Airbus Service Bulletin A300–32–6069, be submitted in triplicate to the address Revision 01, dated December 29, 1999; and Airworthiness Directives; Airbus Model specified above. All communications (2) Modify the rotor shaft attachment of the received on or before the closing date nose and main landing gear tachometers, in A319, A320, and A321 Series Airplanes accordance with Airbus Service Bulletin for comments, specified above, will be AGENCY: Federal Aviation A300–32–6077, Revision 01, dated considered before taking action on the September 25, 1999. Administration, DOT. proposed rule. The proposals contained Note 2: Messier-Dowty Service Bulletins ACTION: Notice of proposed rulemaking in this notice may be changed in light 470–32–779, dated April 14, 1997, and 470– (NPRM). of the comments received. 32–777, dated July 1, 1997, are referenced in Comments are specifically invited on Airbus Service Bulletin A300–32–6069. SUMMARY: This document proposes the the overall regulatory, economic, Messier-Bugatti Service Bulletin C20105–32– supersedure of an existing airworthiness environmental, and energy aspects of 782, dated October 17, 1996, is referenced in directive (AD), applicable to all Airbus the proposed rule. All comments Airbus Service Bulletin A300–32–6077. The Model A319, A320, and A321 series submitted will be available, both before Messier-Dowty and Messier-Bugatti service airplanes, that currently requires bulletins are additional sources of service and after the closing date for comments, repetitive inspections for discrepancies in the Rules Docket for examination by information for accomplishing the applicable of the lock bolt for the pintle pin on the actions required by this AD. interested persons. A report main landing gear (MLG), and follow-on summarizing each FAA-public contact Note 3: Accomplishment of the corrective actions, if necessary. This modifications required by paragraph (a) of concerned with the substance of this action would require additional follow- proposal will be filed in the Rules this AD, prior to the effective date of this AD, on actions for certain airplanes. This in accordance with Airbus Service Bulletin Docket. A300–32–6069, dated June 13, 1997, or proposal is prompted by issuance of Commenters wishing the FAA to A300–32–6077, dated May 28, 1999, is mandatory continuing airworthiness acknowledge receipt of their comments considered acceptable for compliance with information by a foreign civil submitted in response to this notice the applicable requirements specified by this airworthiness authority. The actions must submit a self-addressed, stamped AD. specified by the proposed AD are postcard on which the following intended to detect and correct a rotated, Alternative Methods of Compliance statement is made: ‘‘Comments to damaged, or missing lock bolt, which Docket Number 99–NM–28–AD.’’ (b) An alternative method of compliance or could result in disengagement of the adjustment of the compliance time that The postcard will be date stamped pintle pin from the pintle fitting and returned to the commenter. provides an acceptable level of safety may be bearing, and consequent collapse of the used if approved by the Manager, Availability of NPRMs International Branch, ANM–116, FAA, MLG during landing. Transport Airplane Directorate. Operators DATES: Comments must be received by Any person may obtain a copy of this shall submit their requests through an March 27, 2000. NPRM by submitting a request to the

VerDate 162000 16:36 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM pfrm11 PsN: 24FEP1 9226 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Proposed Rules

FAA, Transport Airplane Directorate, additional follow-on actions, including The cost impact figure discussed ANM–114, Attention: Rules Docket No. application of sealant to the head of the above is based on assumptions that no ´ ´ 99–NM–28–AD, 1601 Lind Avenue, lockbolt. The Direction Generale de operator has yet accomplished any of SW., Renton, Washington 98055–4056. l’Aviation Civile (DGAC), which is the the proposed requirements of this AD airworthiness authority for France, action, and that no operator would Discussion approved the original service bulletin accomplish those actions in the future if On June 29, 1998, the FAA issued AD and classified Revision 01 as this AD were not adopted. 98–14–11, amendment 39–10644 (63 FR mandatory, and issued French Regulatory Impact 36834, July 8, 1998), applicable to all airworthiness directive 97–385– Airbus Model A319, A320, and A321 112(B)R1, dated October 21, 1998, in The regulations proposed herein series airplanes, to require repetitive order to ensure the airworthiness of would not have a substantial direct inspections for discrepancies of the lock these airplanes in France. effect on the States, on the relationship bolt for the pintle pin on the main between the national Government and landing gear (MLG), and follow-on FAA’s Conclusions the States, or on the distribution of corrective actions, if necessary. That These airplane models are power and responsibilities among the action was prompted by two reports manufactured in France and are type various levels of government. Therefore, indicating that the forward pintle pin of certificated for operation in the United it is determined that this proposal the MLG had migrated forward toward States under the provisions of Section would not have federalism implications the wing rear spar. In both instances, the 21.29 of the Federal Aviation under Executive Order 13132. lock bolt and associated MLG barrel Regulations (14 CFR 21.29) and the For the reasons discussed above, I bushings securing the pintle pin were applicable bilateral airworthiness certify that this proposed regulation (1) missing, which allowed the pintle pin to agreement. Pursuant to this bilateral is not a ‘significant regulatory action’ migrate forward, although further airworthiness agreement, the DGAC has under Executive Order 12866; (2) is not movement was prevented by the kept the FAA informed of the situation a ‘significant rule’ under the DOT incrementally tapered diameter of the described above. The FAA has Regulatory Policies and Procedures (44 pintle pin. Backward migration of the examined the findings of the DGAC, FR 11034, February 26, 1979); and (3) if pintle pin also could occur, which reviewed all available information, and promulgated, will not have a significant would allow the pintle pin to become determined that AD action is necessary economic impact, positive or negative, disengaged and separate from the pintle for products of this type design that are on a substantial number of small entities fitting bearing. The requirements of that certificated for operation in the United under the criteria of the Regulatory AD are intended to detect and correct a States. Flexibility Act. A copy of the draft rotated, damaged, or missing lock bolt, regulatory evaluation prepared for this which could result in disengagement of Explanation of Requirements of Proposed Rule action is contained in the Rules Docket. the pintle pin from the pintle fitting A copy of it may be obtained by bearing, and consequent collapse of the Since an unsafe condition has been contacting the Rules Docket at the MLG during landing. identified that is likely to exist or location provided under the caption Explanation of Relevant Service develop on other airplanes of the same ADDRESSES. Information type design registered in the United States, the proposed AD would List of Subjects in 14 CFR Part 39 Since issuance of AD 98–14–11, supersede AD 98–14–11 to continue to Air transportation, Aircraft, Aviation Airbus issued Service Bulletin A320– require repetitive inspections for safety, Safety. 32–1187, dated June 17, 1998, and discrepancies of the lock bolt for the Revision 01, dated February 17, 1999. pintle pin on the main landing gear The Proposed Amendment The original and revised service bulletin (MLG), and follow-on corrective actions, Accordingly, pursuant to the describe procedures for repetitive if necessary; and would require authority delegated to me by the detailed visual inspections for additional follow-on actions, including Administrator, the Federal Aviation discrepancies (rotation, wear, and a retorque of the lock bolt for the pintle Administration proposes to amend part missing or broken parts) of the lock bolt pin. In addition, the FAA has added a 39 of the Federal Aviation Regulations for the MLG pintle pin, and follow-on note to clarify the definition of a (14 CFR part 39) as follows: corrective actions, if necessary. The detailed visual inspection. corrective actions include replacement PART 39ÐAIRWORTHINESS of a discrepant lock bolt with a new or Interim Action DIRECTIVES serviceable part, and relubrication of the This is considered to be interim pintle fitting bearing. The inspection action until final action is identified, at 1. The authority citation for part 39 procedure of the service bulletin is which time the FAA may consider continues to read as follows: different from that described in Airbus further rulemaking. Authority: 49 U.S.C. 106(g), 40113, 44701. All Operator Telex (AOT) 32–17, Revision 01, dated November 6, 1997 Cost Impact § 39.13 [Amended] (which was cited in AD 98–14–11 as the The FAA estimates that 341 airplanes 2. Section 39.13 is amended by appropriate source of service of U.S. registry would be affected by this removing amendment 39–10644 (63 FR information). The service bulletin proposed AD. It would take 36834, July 8, 1998), and by adding a includes procedures for additional approximately 2 work hours per new airworthiness directive (AD), to follow-on and corrective actions, airplane to accomplish the proposed read as follows: including a one-time retorque of the inspection, at an average labor rate of Airbus Industrie: Docket 99 –NM–28–AD. lock bolt for the pintle pin if there is no $60 per work hour. Based on these Supersedes AD 98–14–11, Amendment sign that the lock bolt has turned, and figures, the cost impact of the inspection 39–10644. replacement of the lock bolt with a new proposed by this AD on U.S. operators Applicability: All Model A319, A320, and lock bolt. In addition, Revision 01 of the is estimated to be $40,920, or $120 per A321 series airplanes; certificated in any service bulletin includes procedures for airplane, per inspection cycle. category.

VerDate 162000 16:36 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM pfrm11 PsN: 24FEP1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Proposed Rules 9227

Note 1: This AD applies to each airplane Service Bulletin A320–32–1187, Revision 01, extending from 1,200 feet above ground identified in the preceding applicability dated February 17, 1999, have not been level (AGL) upwards to the base of the provision, regardless of whether it has been accomplished: At the time of the initial existing Class E airspace of 14,500 feet modified, altered, or repaired in the area inspection or the next repetitive inspection above mean sea level (MSL) within an subject to the requirements of this AD. For required by paragraph (a) of this AD, perform area bounded by lat. 58° 25′ 36″ N long. airplanes that have been modified, altered, or the applicable one-time follow-on actions ° ′ ° ′ ° repaired so that the performance of the 158 00 W, to lat. 57 50 N long. 158 (including retorquing the forward pintle pin ′ ° ′ ° ′ requirements of this AD is affected, the lock bolt and applying sealant to the head of 00 W, to lat. 57 50 N long. 156 00 owner/operator must request approval for an the lock bolt), in accordance with section W, to lat. 64° 00′ N long. 156° 00′ W, alternative method of compliance in 2.B.(2)(c) of the Accomplishment Instructions to lat. 64° 00′ N long. 161° 41′ 24″ W, accordance with paragraph (c) of this AD. of Airbus Service Bulletin A320–32–1187, then via the 12 nautical mile limit to the The request should include an assessment of Revision 01, dated February 17, 1999. point of beginning. The intended effect the effect of the modification, alteration, or of this proposal is to provide adequate repair on the unsafe condition addressed by Alternative Methods of Compliance controlled airspace for commercial air this AD; and, if the unsafe condition has not (c) An alternative method of compliance or been eliminated, the request should include adjustment of the compliance time that carriers conducting Instrument Flight specific proposed actions to address it. provides an acceptable level of safety may be Rules (IFR) operations over southwest Compliance: Required as indicated, unless used if approved by the Manager, Alaska and validate new operational accomplished previously. International Branch, ANM–116, FAA, procedures and equipment in the IFR To detect and correct a rotated, damaged, Transport Airplane Directorate. Operators environment. shall submit their request through an or missing lock bolt, which could result in DATES: appropriate FAA Principal Maintenance Comments must be received on disengagement of the pintle pin from the or before April 10, 2000. bearing, and consequent collapse of the main Inspector, who may add comments and then landing gear (MLG) during landing, send it to the Manager, International Branch, ADDRESSES: Send comments on the accomplish the following: ANM–116. proposal in triplicate to: Manager, Note 3: Information concerning the Operations Branch, AAL–530, Docket Inspection existence of approved alternative methods of No. 99–AAL–24, Federal Aviation (a) Perform a detailed visual inspection to compliance with this AD, if any, may be Administration, 222 West 7th Avenue, detect discrepancies (rotation, damage, and obtained from the International Branch, Box 14, Anchorage, AK 99513–7587. absence) of the lock bolt for the pintle pin on ANM–116. The official docket may be examined the MLG, in accordance with Airbus All Operator Telex (AOT) 32–17, Revision 01, Special Flight Permits in the Office of the Regional Counsel for the Alaskan Region at the same address. dated November 6, 1997, Airbus Service (d) Special flight permits may be issued in Bulletin A320–32–1187, dated June 17, 1998, An informal docket may also be accordance with sections 21.197 and 21.199 examined during normal business hours or Airbus Service Bulletin A320–32–1187, of the Federal Aviation Regulations (14 CFR Revision 01, dated February 17, 1999, at the 21.197 and 21.199) to operate the airplane to in the Office of the Manager, Operations latest of the times specified in paragraphs a location where the requirements of this AD Branch, Air Traffic Division, at the (a)(1), (a)(2), and (a)(3) of this AD. If any can be accomplished. address shown above and on the discrepancy is detected, prior to further Note 4: The subject of this AD is addressed Internet at Alaskan Region’s homepage flight, perform corrective actions, as at http://www.alaska.faa.gov/at or at applicable, in accordance with the AOT or in French airworthiness directive 97–385– service bulletin. Repeat the inspection 112(B)R1, dated October 21, 1998. address http://162.58.28.41/at. FOR FURTHER INFORMATION CONTACT: Bob thereafter at intervals not to exceed 1,000 Issued in Renton, Washington, on February flight cycles or 15 months, whichever occurs 17, 2000. Durand, Operations Branch, AAL–531, first. After the effective date of this AD, only Federal Aviation Administration, 222 Donald L. Riggin, Airbus Service Bulletin A320–32–1187, West 7th Avenue, Box 14, Anchorage, Revision 01, dated February 17, 1999, shall Acting Manager, Transport Airplane AK 99513–7587; telephone number Directorate, Aircraft Certification Service. be used for compliance with this paragraph. (907) 271–5898; fax: (907) 271–2850; (1) Within 30 months since the airplane’s [FR Doc. 00–4336 Filed 2–23–00; 8:45 am] email: [email protected]. date of manufacture or prior to the BILLING CODE 4910±13±P accumulation of 2,000 total flight cycles, SUPPLEMENTARY INFORMATION: whichever occurs first. Background (2) Within 15 months or 1,000 flight cycles DEPARTMENT OF TRANSPORTATION after the last gear replacement or In a February 12, 1997, report to accomplishment of Airbus Industrie Service Federal Aviation Administration President Clinton on aviation safety and Bulletin A320–32–1119, dated June 13, 1994, security, Chairman Vice President Al whichever occurs first. 14 CFR Part 71 Gore reported that satellite-based (3) Within 500 flight cycles after August navigation and positioning is a core 12, 1998 (the effective date of AD 98–14–11, [Airspace Docket No. 99±AAL±24] amendment 39–10644). element of our National Airspace System (NAS) modernization plans, and Note 2: For the purposes of this AD, a Proposed Establishment of Class E is critical to achieving a seamless, detailed visual inspection is defined as: ‘‘An Airspace; Yukon-Kuskokwim Delta, efficient global aviation system. Over intensive visual examination of a specific Alaska structural area, system, installation, or the period of the past few years, the assembly to detect damage, failure, or AGENCY: Federal Aviation FAA has been working with irregularity. Available lighting is normally Administration (FAA), DOT. commercial, military, and general supplemented with a direct source of good ACTION: Notice of proposed rulemaking. aviation (GA) users to develop a global lighting at intensity deemed appropriate by satellite-based navigation system the inspector. Inspection aids such as mirror, SUMMARY: This action proposes to independent of conventional ground magnifying lenses, etc., may be used. Surface establish Class E airspace over the cleaning and elaborate access procedures navigation aids. Alaska and Hawaii may be required.’’ Yukon-Kuskokwim (Y–K) Delta area in were selected to pioneer this program southwest Alaska in support of the through a R&D demonstration program One-Time Follow-On Actions Capstone Research and Development called Capstone. (b) For airplanes on which the actions (R&D) project. Specifically, this action The Alaskan Region’s ‘‘Capstone described in paragraph 2.B.(2)(c) of Airbus proposes to establish controlled airspace Program’’ is an accelerated effort to

VerDate 162000 16:36 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM pfrm11 PsN: 24FEP1 9228 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Proposed Rules improve aviation safety and efficiency capabilities and situational awareness. instrument approach procedure. They through installation of government- The sample size will ensure that safety are: Holy Cross, Kalskag, Kipnuk, furnished, GPS-based avionics and data improvements and operational Koliganek, Egegik, Mountain Village, link communications suites in most efficiencies are demonstrated in a Platinum, Scammon Bay, St. Michael, commercial aircraft serving the Yukon- substantial, statistical manner with the and Russian Mission. These airports Kuskokwim Delta area. Up to 200 rest of Alaska serving as the test control have been GPS-surveyed for preparation aircraft will be equipped. Compatible area. Aircraft selected for the Capstone for non-precision GPS instrument ground systems, equipment, and Program will receive: approach procedures. To conduct • services will also be provided. The An IFR-certified GPS navigation instrument approaches under FAR Part name ‘‘Capstone’’ is derived from the receiver • 121 or 135, weather reporting is program’s effect of drawing and holding Automatic Dependent Surveillance- essential. With budgetary limitations, together concepts and recommendations Broadcast (ADS–B) Transmitter/ these same airports are slated to receive contained in reports from the Radio Receiver automated weather reporting equipment • A moving map display with Traffic Telecommunications Conference of during the Capstone program. Detailed Information Service-Broadcast (TIS–B) America (RTCA), the National information on the Capstone R&D Transportation Safety Board (NTSB), the traffic and terrain advisory services • FIS providing weather maps, program can be found on the Internet at Mitre Corporation’s Center for Alaskan Region’s homepage at http:// Advanced Aviation System special use airspace status, wind shear alerts, NOTAMs, and PIREPs www.alaska.faa.gov/capstone/. Development (CAASD), and Alaskan • aviation industry representatives. In A multi-function color display The Capstone Program will enable addition to the avionics suites, Capstone A data link network will be installed delivery of improved weather products will deploy a ground infrastructure for within existing FAA and Joint-use (text and graphics) to the pilot and test weather observation, data link facilities at up to twelve (12) locations the GPS and data link technology as a communications, surveillance, and in the test area and connected via ‘‘proof of concept’’ for the operational Flight Information Services (FIS) to existing communications systems to enhancements requested by RTCA. The improve safety and enable eventual FAA air traffic control facilities, service program will also include training for implementation of new procedures. A providers, and aircraft operator bases. pilots, operators, safety inspectors, air successful Capstone demonstration will To facilitate collection of test data, a traffic control specialists, and help validate these new procedures. common design will be used for technicians. The University of Alaska’s Under the FAA’s ‘‘Safe Flight 21 Capstone as was used in the Cargo Aviation Complex at Merrill Field will Program,’’ some Capstone-equipped Airline Association (CAA) ADS–B be used for many of these activities. The aircraft and the Capstone ground system demonstration in the Ohio Valley. University will also be contracted to infrastructure will be used beginning in Aircraft position reports will be made conduct an independent evaluation of January 2000 to validate three of the available to operators for flight system safety improvements and to nine high priority Free Flight following purposes. A ground broadcast document user benefits derived. server and a gateway processor will be Operational Enhancements requested by The purpose of this proposal is to the RTCA. Validation of other installed at the Anchorage Air Route Traffic Control Center (ARTCC) to create controlled airspace and operational enhancements will be infrastructure for IFR operations within undertaken in future years. The first receive ADS–B aircraft position reports and data link messages from each the Yukon-Kushkokwim Delta area three enhancements to begin validation where uncontrolled airspace currently in Alaska are: remote site and interface them with the • existing Micro Enroute Automated exists. This controlled airspace is Flight Information Services (FIS) needed to validate new operational • Cost Effective, Controlled Flight Radar Tracking System (Micro-EARTS). The Micro-EARTS and related procedures and equipment in the IFR Into Terrain (CFIT) Avoidance environment. Additionally, this action • Enhanced See and Avoid subsystems will be programmed to Test procedures, data collection, and integrate the ADS–B targets on one or will enhance flight safety, reduce the analysis associated with the validations more air traffic controller displays with potential for midair collisions, improve will be developed and implemented radar tgargets. TIS–B will be operational efficiencies, and better under the FAA’s Safe Flight 21 Program implemented to enable the pilot of a manage air traffic operations. administered by the Office of Capstone-equipped aircraft to see both Establishment of Class E airspace in Communication, Navigation, and ADS–B and radar targets on the multi- this proposal will have an impact on Surveillance Systems, AND–1. function display. pilots’ flight visibility and cloud Under Capstone, most of the Under the Capstone Program, the FAA avoidance requirements when flying commercial aircraft based in the test will develop first-time, GPS-based, non- under Visual Flight Rules (VFR), during area will be equipped, on a voluntary precision instrument approach to one or the day above 1,200 feet AGL and below basis, with government-furnished more runways at ten remote village 10,000 feet MSL. The flight visibility avionics. Certain other commercial and airports. These airports were jointly requirement will increase to three (3) government aircraft regularly operating recommended by the Alaska DOT/PF statute miles. VFR weather minimums in the test area will also be equipped. and the Alaska Air Carriers Association are shown in the following table Services provided through the avionics as the highest priority locations within extracted from 14 CFR 91.155 Basic VFR suite will improve the pilot’s flight the Capstone demonstration area for an weather minimums:

BASIC VFR WEATHER MINIMUMS

Flight visibility Distance from clouds

Class G (uncontrolled): 1,200 feet or less AGL, Day ...... 1 statute mile ...... Clear of clouds.

VerDate 162000 16:36 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM pfrm11 PsN: 24FEP1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Proposed Rules 9229

BASIC VFR WEATHER MINIMUMSÐContinued

Flight visibility Distance from clouds

1,200 feet or less AGL, Night ...... 3 statute miles ...... 500 feet below. 1,000 feet above. 2,000 feet horizontal. 1,200 feet or more and less than 10,000 feet MSL, Day ...... 1 statute mile ...... 500 feet below. 1,000 feet above. 2,000 feet horizontal. 1,200 feet or more and less than 10,000 feet MSL, Night ...... 3 statute miles ...... 500 feet below. 1,000 feet above. 2,000 feet horizontal. More than 1,200 feet AGL and at or above 10,000 feet MSL 5 statute miles ...... 1,000 feet below. 1,000 feet above. 1 statute mile horizontal. Class E (controlled): Less than 10,000 MSL ...... 3 statute miles ...... 500 feet below. 1,000 feet above. 2,000 feet horizontal. At or above than 10,000 MSL ...... 5 statute miles ...... 1,000 feet below. 1,000 feet above. 1 statute mile horizontal.

On February 25, 1999, the FAA Comments Invited Availability of NPRM’s initiated an environmental review, 99– An electronic copy of this document AAL–024–NR, seeking public comment Interested parties are invited to participate in this proposed rulemaking may be downloaded, using a modem on the proposal to establish Class E and suitable communications software, by submitting such written data, views, airspace to encompass the Capstone from the FAA regulations section of the or arguments as they may desire. Demonstration Area. In the Fedworld electronic bulletin board Comments that provide the factual basis environmental review solicitation, the service (telephone: 703–321–3339) or supporting the views and suggestions FAA stated the desire to design and the Federal Register’s electronic bulletin establish Class E airspace that will presented are particularly helpful in board service (telephone: 202–512– facilitate the development of the developing reasoned regulatory 1661). Capstone Demonstration and the decisions on the proposal. Comments Internet users may reach the Federal transition to the future NAS are specifically invited on the overall Register’s web page for access to regulatory, aeronautical, economic, Architecture with minimum impact on recently published rulemaking environmental, and energy-related the environment. Significant documents at http:// aspects of the proposal. l environmental issues were not www.access.gpo.gov/su docs/ Communications should identify the identified during the scoping process. aces140.html. airspace docket number and be Any person may obtain a copy of this Thus, this activity falls within a submitted in triplicate to the address Notice of Proposed Rulemaking (NPRM) category of actions normally listed above. Commenters wishing the by submitting a request to the categorically excluded from FAA to acknowledge receipt of their Operations Branch, AAL–530, Federal documentation in an Environmental comments on this notice must submit Aviation Administration, 222 West 7th Assessment (EA) or Environmental with those comments a self-addressed, Avenue, Box 14, Anchorage, AK 99513– Impact Statement (EIS). stamped postcard on which the 7587. Communications must identify On April 7, 1999, the FAA conducted following statement is made: the notice number of this NPRM. a Preliminary Environmental Review. ‘‘Comments to Airspace Docket No. 99– Persons interested in being placed on a This review was conducted in AAL–24.’’ The postcard will be date/ mailing list for future NPRM’s should accordance with policies and time stamped and returned to the contact the individual(s) identified in procedures in Department of commenter. All communications the FOR FURTHER INFORMATION CONTACT Transportation Order 5610.1C, received on or before the specified section. Procedures for considering closing date for comments will be The Proposal Environmental Impacts, Order 1050.1, considered before taking action on the The FAA proposes to amend 14 CFR and is in compliance with the National proposed rule. The proposal contained part 71 (part 71) by establishing Class E Environmental Policy Act of 1969 and in this notice may be changed in light airspace within the Yukon-Kushkokwim in accordance with the regulations to comments received. All comments Delta area in southwest Alaska. The promulgated by the Council on submitted will be available for intended effect of this proposal is to (1) Environmental Quality, 40 CFR 1500 et examination in the Operations Branch, provide adequate controlled airspace seq. Thus, on April 13, 1999, the FAA Air Traffic Division, Federal Aviation and infrastructure for commercial air signed the Categorical Exclusion Administration, 222 West 7th Avenue, carrier IFR operations and (2) validate Declaration. This review enabled the Box 14, Anchorage, AK, both before and new operational procedures and FAA to exclude this proposed action after the closing date for comments. A equipment in the IFR environment. from further environmental report summarizing each substantive The area would be depicted on documentation according to Order public contact with FAA personnel aeronautical charts for pilot reference. 1050.1, Policies and Procedures for concerned with this rulemaking will be The coordinates for this airspace docket Considering Environmental Impacts. filed in the docket. are based on North American Datum 83.

VerDate 162000 16:36 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM pfrm11 PsN: 24FEP1 9230 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Proposed Rules

The Class E airspace areas designated as AAL AK E5 Yukon-Kuskokwim Delta, AK Drug Administration, 5630 Fishers 700/1200 foot transition areas are [New] Lane, rm. 1061, Rockville, MD 20852. published in paragraph 6005 of FAA That airspace extending upward from Two copies of any comments are to be Order 7400.9G, Airspace Designations 1,200 feet above the surface within the area submitted, except that individuals may and Reporting Points, dated September bounded by lat. 58°25′36″ N long. 158°00′ W, submit one copy. Comments are to be to lat. 57°50′ N. long. 158° 00′ W, to lat. 1, 1999, and effective September 16, ° ′ ° ′ ° ′ identified with the docket number 1999, which is incorporated by 57 50 N long. 156 00 W, to lat. 64 00 N found in brackets in the heading of this long. 156°00′ W, to lat. 64°00′ N long. reference in 14 CFR 71.1. The Class E 161°41′24″ W, then via the 12 nautical mile document. airspace designations listed in this limit to the point of beginning. FOR FURTHER INFORMATION CONTACT: Rose document would be revised and * * * * * Cunningham, Center for Drug published subsequently in the Order. Evaluation and Research, Food and The FAA has determined that these Issued in Anchorage, AK, on February 9, Drug Administration, 5600 Fishers Lane proposed regulations only involve an 2000. (HFD–6), Rockville, MD 20857, 301– established body of technical Willis C. Nelson, 594–5468, FAX 301–594–5493, e-mail: regulations for which frequent and Manager, Air Traffic Division, Alaskan [email protected]. routine amendments are necessary to Region. See SUPPLEMENTARY INFORMATION for keep them operationally current. It, [FR Doc. 00–3699 Filed 2–23–00; 8:45 am] electronic access addresses. therefore—(1) is not a ‘‘significant BILLING CODE 4910±13±M SUPPLEMENTARY INFORMATION: regulatory action’’ under Executive Order 12866; (2) is not a ‘‘significant I. General Information rule’’ under DOT Regulatory Policies DEPARTMENT OF HEALTH AND A. Does this announcement for a public and Procedures (44 FR 11034; February HUMAN SERVICES meeting on safety issues associated with 26, 1979); and (3) does not warrant dietary supplement use during preparation of a regulatory evaluation as Food and Drug Administration pregnancy apply to me? the anticipated impact is so minimal. This announcement is directed to the Since this is a routine matter that will 21 CFR Part 101 general public. It may, however, be of only affect air traffic procedures and air [Docket No. 00N±0506] particular interest to individuals or navigation, it is certified that this rule, organizations concerned with public when promulgated, will not have a Safety Issues Associated With Dietary health, pregnancy, or dietary significant economic impact on a Supplement Use During Pregnancy; supplements. Specific groups that may substantial number of small entities Public Meeting want to attend include: Consumers; under the criteria of the Regulatory public health professionals, including Flexibility Act. AGENCY: Food and Drug Administration, HHS. obstetricians, gynecologists, List of Subjects in 14 CFR Part 71 neonatologists, pediatricians, and ACTION: Announcement of public pediatric and obstetric nurses; dietary meeting. Airspace, Incorporation by reference, supplement producers, processors, Navigation (air). SUMMARY: The Food and Drug distributors, and retailers; academia; The Proposed Amendment Administration (FDA) is announcing a and State, Tribal, and local public health agencies. Other entities or In consideration of the foregoing, the public meeting on safety issues associated with dietary supplement use individuals may also be interested in Federal Aviation Administration attending. proposes to amend 14 CFR part 71 as during pregnancy. The purpose of this follows: meeting is to obtain public comment on B. Where will this meeting be held? safety concerns that have been raised This meeting will be held in the PART 71ÐDESIGNATION OF CLASS A, regarding structure/function claims for Crystal Ballroom at the Gaithersburg CLASS B, CLASS C, CLASS D, AND dietary supplements used during Hilton, 620 Perry Parkway, CLASS E AIRSPACE AREAS; pregnancy. On January 6, 2000, FDA Gaithersburg, MD 20877. AIRWAYS; ROUTES; AND REPORTING published a final rule on statements that POINTS may be made for dietary supplements C. When will this meeting be held? concerning the effect of the product on This meeting will be held on March 1. The authority citation for 14 CFR the structure or function of the body. 30, 2000, from 9 a.m. to 5 p.m. Part 71 continues to read as follows: FDA has since received comments from Authority: 49 U.S.C. 106(g), 40103, 40113, public health professionals and others D. How can I participate? 40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– concerned about the safety of using 1. In person. Anyone interested in 1963 Comp., p. 389. dietary supplements during pregnancy. dietary supplement use during The public meeting is intended to give § 71.1 [Amended] pregnancy is encouraged to attend the the public an opportunity to comment public meeting. Persons who wish to 2. The incorporation by reference in on these issues. speak during the public meeting must 14 CFR 71.1 of Federal Aviation DATES: The meeting will be held on file an electronic, written, or facsimile Administration Order 7400.9G, April 24, 2000, from 9 a.m. to 5 p.m. notice of participation with Rose Airspace Designations and Reporting Submit written comments by April 24, Cunningham by March 17, 2000. To Points, dated September 1, 1999, and 2000. ensure timely handling, the outer effective September 16, 1999, is to be ADDRESSES: The public meeting will be envelope or facsimile cover sheet amended as follows: held in the Crystal Ballroom at the should be clearly marked with Docket Paragraph 6005 Class E airspace extending Gaithersburg Hilton, 620 Perry Parkway, No. 00N–0506. Groups should submit upward from 700 feet or more above the Gaithersburg, MD 20877. Submit written two copies. The notice of participation surface of the earth. comments to the Dockets Management should contain the speaker’s name, * * * * * Branch (DMB) (HFA–305), Food and address, telephone number, FAX

VerDate 162000 16:36 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM pfrm11 PsN: 24FEP1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Proposed Rules 9231 number, title, business affiliation, if any, II. Background Information B. What concerns have been raised to a brief summary of the presentation, and FDA in recent letters? A. Why is FDA holding this meeting? approximate amount of time requested FDA has received three letters from for the presentation. The notice of FDA is holding this meeting in medical doctors, one letter from a law participation form is available on the response to comments it received after professor, and one letter from a citizen’s Internet and can be e-mailed to publishing a final rule regarding claims group. Several newspapers have also [email protected] or printed and that may be made for dietary run articles regarding the marketing of faxed to 301–594–5493. supplements concerning the effect of the dietary supplements to pregnant Individuals and organizations with product on the structure or function of women. All the incoming letters common interests are encouraged to the body (65 FR 1000, January 6, 2000). indicate opposition to classifying consolidate or coordinate their In that final rule, FDA announced that ‘‘ordinary morning sickness’’ and ‘‘leg presentations and to request time for a edema associated with pregnancy’’ as joint presentation. FDA may require it would not treat as diseases common conditions associated with natural states non-diseases and express concern that joint presentations by persons with use of dietary supplements during common interests. Participants may or processes that do not cause significant or permanent harm and that pregnancy may adversely affect the request a specific amount of time for fetus. They strongly urge revising the their presentation. After registration has claims about beneficial effects on such conditions would not be treated as rule so it does not allow these claims to closed, FDA will inform participants of be made in the absence of evidence of the amount of time available for their disease claims. In the preamble to the final rule, FDA noted that pregnancy is fetal safety. Several letters argue that presentation. FDA should treat as disease claims all Persons requiring a sign language associated with common and mild conditions associated with pregnancy. interpreter or other special conditions such as morning sickness In addition, similar safety concerns accommodations should notify Rose and leg edema that cause no permanent were raised about the safety of dietary Cunningham at 301–594–5468 by March harm if left untreated, as well as with supplement use in other vulnerable 21, 2000. such serious conditions as hyperemesis 2. In writing. FDA has established a gravidarum, toxemia of pregnancy, and populations such as infants, who may public docket for comments. Comments acute psychosis of pregnancy, which be exposed thru nursing and children. should be submitted by April 24, 2000. can be life-threatening if not effectively C. On what issues does FDA seek It is important that comments submitted treated. FDA stated that claims about comment? to the docket are identified with Docket common, mild conditions related to The Dietary Supplement Health and No. 00N–0506. Submit written pregnancy such as morning sickness Education Act (DSHEA) allows comments to DMB (address above). and leg edema would be considered structure/function claims. FDA also manufacturers of dietary supplements to E. Is there a registration fee for this noted that claims to treat some claim effects on the ‘‘structure or meeting? conditions related to pregnancy would function’’ of the body, but not to make There is no registration fee for this remain disease claims that could not be claims to mitigate, treat, prevent, cure, meeting. made without prior review, for example, or diagnose disease (21 U.S.C. 343(r)(6)). toxemia of pregnancy, hyperemesis The structure/function rule focuses on F. How can I get additional information, gravidarum, and acute psychosis of the distinction between disease claims, including copies of this document or pregnancy. which require evidence of safety and other related documents? efficacy to be presented to the agency After FDA published the final rule, it 1. Electronically. You may obtain before marketing, and structure/function received additional comments raising electronic copies of this document and claims. In contrast, the comments safety concerns about dietary other related documents on the Internet received by the agency focus primarily supplement use during pregnancy. As a at http://www.fda.gov/ohrms/dockets/ on the safety issues that may result from result, on February 9, 2000, FDA issued default.htm. The notice of participation the use of dietary supplements during a statement concerning the structure/ form, information about the meeting, pregnancy. The purpose of this meeting function rule and pregnancy claims. and other related documents are is to obtain public comment on safety That statement said: available at http://www.fda.gov/cder/ concerns that have been raised calendar/meeting/pregsup2000/ To ensure that careful consideration is regarding structure/function claims for default.htm. Additional information given to concerns recently raised regarding dietary supplements used during regarding dietary supplements is how the structure/function rule relates to pregnancy. Although FDA welcomes available at http://vm.cfsan.fda.gov/ pregnancy, FDA today is advising dietary comments on all of the issues discussed dms/supplmnt.html. supplement manufacturers not to make any in the letters mentioned previously and 2. By phone. If you have any claims related to pregnancy on their products on all aspects of dietary supplement use questions about the public meeting, based on the agency’s recently issued during pregnancy, FDA specifically please consult the person listed under structure/function rule. FDA will issue a seeks comment on the following points. Federal Register Notice shortly describing FOR FURTHER INFORMATION CONTACT. 1. What are the potential hazards that these concerns in more detail, stating the may be associated with use of dietary G. Can I get a transcript of this meeting? agency’s intention to fully review these supplements for conditions associated concerns, hold a public meeting related to A transcript of the public meeting will with pregnancy, both to the pregnant potential pregnancy related safety concerns, be available from DMB (address above), and then issue further guidance. FDA urges woman and the fetus? Should these approximately 15 business days after all pregnant women to consult their health hazards be considered to be different the meeting at a cost of 10 cents per care provider before taking any dietary than hazards to other potential users of page. The transcript of the public supplements or medications. dietary supplements? If so, why and on meeting will also be available for public what basis under DSHEA? examination at the office above between FDA is issuing this Federal Register 2. Are there certain conditions the hours of 9 a.m. and 4 p.m., Monday notice in accordance with that associated with pregnancy (in addition through Friday. statement. to those already identified in the final

VerDate 162000 16:36 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM pfrm11 PsN: 24FEP1 9232 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Proposed Rules rule) for which structure/function DATES: We will consider all comments The work of preparing international claims should not be permitted? If so, we receive by May 24, 2000. We will standards is normally carried out why and on what basis? begin reviewing comments then and through an ISO technical committee 3. What is the potential for harm that may not fully consider comments we (TC). Each member body interested in a may be associated with the use of receive after May 24, 2000. subject for which a TC has been dietary supplements during pregnancy ADDRESSES: Mail or hand-carry established has the right to be for conditions unrelated to pregnancy? comments (three copies) to the represented on that committee. ANSI 4. Are there means to address safety Department of the Interior; Minerals relies on various United States trade and concerns associated with dietary Management Service; Mail Stop 4024; industry associations, such as the supplement use during pregnancy, for 381 Elden Street; Herndon, Virginia American Petroleum Institute (API), for example, a requirement to conduct 20170–4817; Attention: Rules support on industry specific standards. animal studies or collect human safety Processing Team. The Rules Processing This standard was developed by ISO/TC information? 67, ‘‘Materials, equipment and offshore 5. Should dietary supplements with a Team’ e-mail address is: [email protected]. structures for petroleum and natural gas specific recommended use during industries.’’ API has been appointed by pregnancy be required to bear specific FOR FURTHER INFORMATION CONTACT: Fred ANSI to administer the U.S. ISO/TC 67 warnings about use during pregnancy? Gray, Operations Analysis Branch, at delegation, known as the U.S. Technical Should all dietary supplements be (703) 787–1027. Advisory Group (U.S.TAG). MMS has required to bear such warnings? SUPPLEMENTARY INFORMATION: We use been an active participant in the U.S. FDA will post any additional standards, specifications, and TAG since August 1998. questions to be addressed on the recommended practices developed by This second edition of the Internet at http://www.fda.gov/cder/ standard-setting organizations and the international standard cancels and calendar/meeting/pregsup2000/ replaces the first edition (ISO default.htm. oil and gas industry for establishing requirements for activities in the OCS. 10432:1993) and includes the changes Dated: February 16, 2000. This practice, known as incorporation in the similar API standard, API William K. Hubbard, by reference, allows us to incorporate Specification 14A, Ninth edition, 1994, Senior Associate Commissioner for Policy, the provisions of technical standards and its supplement dated December 15, Planning, and Legislation. into the regulations without increasing 1997. ISO 10432:1999 was released as a [FR Doc. 00–4276 Filed 2–18–00; 10:05 am] the volume of the Code of Federal Final Draft International Standard (FDIS) on June 3, 1999. Voting to BILLING CODE 4160±01±F Regulations (CFR). The legal effect of incorporation by reference is that the advance the FDIS to a full international material is treated as if it was published standard occurred on August 3, 1999, DEPARTMENT OF THE INTERIOR in the Federal Register. This material, and the standard was published as an like any other properly issued international standard in November 1999. Minerals Management Service regulation, then has the force and effect This standard was formulated to of law. We hold operators/lessees 30 CFR Part 250 provide the minimum acceptable accountable for complying with the requirements for subsurface safety valve RIN 1010±AC66 documents incorporated by reference in (SSSV) equipment—the SSSV is a our regulations. We currently downhole safety device used to shut off Oil and Gas and Sulphur Operations in incorporate by reference 85 private flow of hydrocarbons in the event of an the Outer Continental Shelf; Update of sector consensus standards into the emergency. MMS views this important International Organization for offshore operating regulations. piece of equipment as the last line of Standardization Documents The regulations found at 1 CFR part defense in securing the well and/or Incorporated by Reference 51 govern how we and other Federal preventing pollution of the agencies incorporate various documents AGENCY: Minerals Management Service environment. The standard covers (MMS), Interior. by reference. Agencies can only SSSVs, safety valve locks, safety valve incorporate by reference through ACTION: Proposed rule. landing nipples, and all components publication in the Federal Register. that establish tolerances and/or SUMMARY: The MMS is proposing to Agencies must also gain approval from clearances that may affect performance remove API Specification 14A and the Director of the Federal Register for or interchangeability of the SSSV replace it with a new document each publication incorporated by equipment. incorporated by reference in regulations reference. Incorporation by reference of We have reviewed this document and governing oil and gas and sulphur a document or publication is limited to have determined that the new edition operations in the Outer Continental the specific edition or specific edition should be incorporated into the Shelf (OCS). The addition of this and supplement or addendum cited in regulations to ensure the use of the best document incorporated by reference the regulations. and safest technologies. We currently will ensure that lessees use the best ISO is a worldwide federation of incorporate by reference the ninth available and safest technologies while national standards bodies (ISO member edition (July 1994) of API Specification operating in the OCS. The proposed bodies). Founded in the mid 1940s, ISO 14A, without Supplement 1. Until now new document has been issued by the is a non-profit agency based in Geneva, we have not included API Specification International Organization for Switzerland, whose purpose is to 14A, Supplement 1, in the documents Standardization (ISO) and is an promote the development of incorporated by reference in our international standard titled: international standards and related regulations. API Specification 14A, ‘‘Petroleum and natural gas industries— activities to facilitate the global Supplement 1, includes editorial Downhole equipment—Subsurface exchange of goods and services. The corrections, changes, and revisions safety valve equipment’’ (ISO American National Standards Institute approved by the API Subcommittee on 10432:1999, otherwise known as API/ (ANSI) is the official United States Valves and Wellhead Equipment. The ISO 10432:1999). member body to ISO. revisions strengthened guidelines for

VerDate 162000 16:36 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM pfrm11 PsN: 24FEP1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Proposed Rules 9233 equipment changes that affect independent testing facility for initial The rule would have no significant requalification testing, added new design verification testing and economic impact because the document definitions to clarify the revised design subsequent 3-year requalification design does not contain any significant change language, and deleted a 3-year testing will be affected. Therefore, this revisions that will cause lessees or requalification testing requirement for regulation’s impact on the entire operators to change their business SSSVs. industry is minor. practices. The document will not MMS has been analyzing the potential require the retrofitting of any facilities. Public Comment Procedure impacts of deleting the 3-year (2) This rule will not create a serious requalification testing requirement for Our practice is to make comments, inconsistency or otherwise interfere SSSVs and specifically requests public including names and home addresses of with an action taken or planned by comment on this issue. MMS has been respondents, available for public review another agency. involved in a series of meetings and during regular business hours. (3) This rule does not alter the discussions with oil and gas operating Individual respondents may request that budgetary effects or entitlements, grants, companies, representatives of oil and we withhold their home address from user fees, or loan programs or the rights gas associations, equipment the rulemaking record, which we will or obligations of their recipients. manufacturers, quality assurance honor to the extent allowable by law. (4) This rule does not raise novel legal auditors, independent third-party There may be circumstances in which or policy issues. testing and research facilities, and MMS we would withhold from the offshore inspectors to consider the rulemaking record a respondent’s Civil Justice Reform (Executive Order relative merits of the 3-year identity, as allowable by the law. If you 12988) requalification testing requirement. Our wish us to withhold your name and/or According to Executive Order 12988, data gathering indicates that address, you must state this the Office of the Solicitor has manufacturers of SSSVs perform prominently at the beginning of your functional testing of each valve determined that this rule does not comment. However, we will not unduly burden the judicial system and manufactured and each valve must pass consider anonymous comments. We all test criteria before shipment to a meets the requirements of sections 3(a) will make all submissions from and 3(b)(2) of the Order. purchaser. Functionally testing every organizations or businesses, and from valve produces volumes of data and is individuals identifying themselves as National Environmental Policy Act a good indicator of product conformity, representatives or officials of (NEPA) of 1969 design efficiency, quality procedures, organizations or businesses available for This rule does not constitute a major and safety effectiveness. The public inspection in their entirety. requalification testing process, Federal action significantly affecting the conducted on a single valve once every Federalism (Executive Order 13132) quality of the human environment. A 3 years, provides significantly less data detailed statement under the NEPA is According to Executive Order 13132, not required. and does not address safety this rule does not have Federalism considerations in each manufactured implications. This rule does not Paperwork Reduction Act of 1995 valve. substantially and directly affect the It is anticipated that API will adopt There are no information collection ISO 10432:1999 as the API/ISO relationship between the Federal and requirements associated with this rule. State governments because it concerns standard. Since maintaining one Regulatory Flexibility Act standard is more resource efficient than the manufacturing requirements for maintaining two in parallel, it is also specific equipment used in offshore oil The Department certifies that this anticipated that all future revisions to and gas wells. The rule only affects document will not have a significant the SSSV standard will be made to API/ manufacturers and users of such economic effect on a substantial number ISO 10432:1999. MMS sees value in equipment. This rule does not impose of small entities under the Regulatory developing international standards and costs on States or localities, as it only Flexibility Act (5 U.S.C. 601 et seq.). In is supportive of harmonization of affects manufacturers and users of general, the entities that engage in technical standards worldwide where specific equipment used in offshore oil offshore activities are not considered practical. If MMS issues a final and gas wells. small due to the technical and financial rulemaking to incorporate by reference Takings Implication Assessment resources and experience necessary to ISO 10432:1999 (API/ISO 10432:1999) (Executive Order 12630) safely conduct such activities. into our regulations, we will Incorporating the new document into simultaneously remove API According to Executive Order 12630, MMS regulations would allow SSSVs Specification 14A from the documents this rule does not have significant with design verification approval to be we incorporate by reference. Takings Implications. manufactured and placed into service Comments are sought on the Regulatory Planning and Review without the need for requalification suitability of including the international (Executive Order 12866) testing every 3 years. Thus, standard among the documents incorporating the new document will incorporated by reference in our This document is not a significant not impose new cost on the offshore oil regulations. rule and is not subject to review by the and gas industry but rather the new Office of Management and Budget under document will reduce the costs to the Procedural Matters Executive Order 12866. offshore oil and gas industry by This is a very simple rule to add one (1) This rule will not have an effect of decreasing the costs of the newly additional document incorporated by $100 million or more on the economy. manufactured SSSVs, in that reference. The addition of the new It will not adversely affect in a material manufacturers of SSSVs will not incur document, ISO 10432:1999 (API/ISO way the economy, productivity, the costs of requalification testing every 10432:1999), will not have a significant competition, jobs, the environment, 3-years. The Department also effect on any entity (small or large). One public health or safety, or State, local, determined that the indirect effects of entity which serves as a third party or tribal governments or communities. this rule on small entities that provide

VerDate 162000 16:36 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM pfrm11 PsN: 24FEP1 9234 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Proposed Rules support for offshore activities are small (b) Will not cause a major increase in reserves, Penalties, Pipelines, Public (in effect zero). costs or prices for consumers, lands—mineral resources, Public Your comments are important. The individual industries, Federal, State, or lands—rights-of-way, Reporting and Small Business and Agriculture local government agencies, or recordkeeping requirements, Sulphur Regulatory Enforcement Ombudsman geographic regions. development and production, Sulphur and 10 Regional Fairness Boards were (c) Does not have significant adverse exploration, Surety bonds. effects on competition, employment, established to receive comments from Dated: February 8, 2000. investment, productivity, innovation, or small business about Federal agency Sylvia V. Baca, enforcement actions. The Ombudsman the ability of United States-based enterprises to compete with foreign- Acting Assistant Secretary, Land and will annually evaluate the enforcement Minerals Management. activities and rate each agency’s based enterprises. responsiveness to small business. If you Unfunded Mandates Reform Act For the reasons stated in the wish to comment on the enforcement (UMRA) of 1995 preamble, the MMS proposes to amend actions of MMS, call toll-free (888) 734– 30 CFR Part 250 as follows: This rule does not impose an 3247. unfunded mandate on State, local, and PART 250ÐOIL AND GAS AND Small Business Regulatory Enforcement tribal governments or the private sector SULPHUR OPERATIONS IN THE Fairness Act (SBREFA) of more than $100 million per year. The OUTER CONTINENTAL SHELF rule does not have a significant or This rule is not a major rule under 5 unique effect on State, local, or tribal 1. The authority citation for part 250 U.S.C. 804(2), SBREFA. This rule: governments or the private sector. A continues to read as follows: (a) Does not have an annual effect on statement containing the information Authority: 43 U.S.C. 1331, et seq. the economy of $100 million or more. required by the UMRA (2 U.S.C. 1531 et The proposed rule will not cause any seq.) is not required. 2. In § 250.198, in the table in significant costs to lessees or operators. paragraph (e), the entry for ‘‘API Spec The only costs will be the purchase of List of Subjects in 30 CFR Part 250 14A’’ is removed and a new entry is the new document and revisions to Continental shelf, Environmental added in alphanumerical order to read some operating procedures. The impact statements, Environmental as follows: revisions to operating procedures will protection, Government contracts, actually result in significant costs Incorporation by reference, § 250.198 Documents incorporated by savings, in that manufacturers of SSSVs Investigations, Mineral royalties, Oil reference. will not incur the costs of and gas development and production, * * * * * requalification testing every 3-years. Oil and gas exploration, Oil and gas (e) * * *

Incorporated by Title of documents reference at

******* ISO/FIS 10432 (1999), Petroleum and natural gas industriesÐDownhole equipmentÐSubsurface safety valve equipment ... § 250.806(a)(3).

*******

3. In § 250.806, the last sentence in ENVIRONMENTAL PROTECTION by 60 days until February 19, 2000. EPA paragraph (a)(3) is revised to read as AGENCY is now reopening the comment period follows: for an additional 30 days until March 40 CFR Part 165 20, 2000. The October 21, 1999 notice § 250.806 Safety and pollution prevention solicited comments on potential equipment quality assurance requirements. [OPP±190001C; FRL±6495±4] changes that would reduce the scope of (a) * * * RIN 2070±AB95 the container standards, add an (3)* * * All SSSVs must meet the exemption for certain antimicrobial Standards for Pesticide Containers pesticides, and adopt some of the technical specifications of ISO/FIS and Containment; Reopening of 10432 (1999) (API/ISO 10432:1999). Department of Transportation (DOT) Comment Period hazardous materials regulations. That * * * * * notice also requested comments on the [FR Doc. 00–4292 Filed 2–23–00; 8:45 am] AGENCY: Environmental Protection Agency (EPA). definition for small business used to BILLING CODE 4310±MR±P identify small pesticide formulators, ACTION: Proposed rule; reopening of agrichemical dealers and commercial comment period. pesticide applicators in the small entity SUMMARY: On October 21, 1999 (64 FR impact analysis. These potential 56918), EPA reopened the comment changes, if adopted in the final rule, period on the proposed rule ‘‘Standards would support EPA’s goal of pollution for Pesticide Containers and prevention by promoting the use of Containment’’ (59 FR 6712, February 11, refillable containers and would 1994) to obtain comment on four harmonize and promote consistency specific issues. On December 21, 1999, within the Federal packaging standards EPA published a notice in the Federal by adopting the DOT standards. In Register to extend the comment period addition, the changes would decrease

VerDate 162000 16:36 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM pfrm11 PsN: 24FEP1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Proposed Rules 9235 the estimated economic impact by SUPPLEMENTARY INFORMATION. To ensure SUPPLEMENTARY INFORMATION: reducing the number of pesticide proper receipt by EPA, it is imperative products subject to the container that you identify docket control number I. General Information requirements compared to the original OPP–190001C in the subject line on the A. Does This Action Apply to Me? proposal. first page of your response. You may be potentially affected by DATES: Comments, identified by the FOR FURTHER INFORMATION CONTACT: this action if you are a pesticide docket control number OPP–190001C, Nancy Fitz, Field and External Affairs must be received on or before March 20, Division (7506C), Office of Pesticide formulator, agrichemical dealer, or an 2000. Programs, Environmental Protection independent commercial applicator. ADDRESSES: Comments may be Agency, Ariel Rios Building, 1200 However, the issues addressed in this submitted by mail, electronically, or in Pennsylvania Ave., NW., Washington, action apply mainly to pesticide person. Please follow the detailed DC 20460; telephone number: (703) formulators. Potentially affected instructions for each method as 305–7385; fax number: (703) 308–3259; categories and entities may include, but provided in Unit I. of the e-mail address: [email protected]. are not limited to:

Categories NAICS SIC Examples of Potentially Affected Entities

Pesticide formulators ...... 32532 2879 Establishments that formulate and prepare insecticides, fungicides, herbicides, or other pesticides from technical chemicals or concentrates produced by pesticide manufac- turing establishments. Some formulating establishments are owned by the large basic pesticide producers and others are independent. Agrichemical dealers ...... 44422 5191 Retail dealers that distribute or sell pesticides to agricultural users. Independent commercial applicators 115112 0721 Businesses that apply pesticides for compensation (by aerial and/or ground application) and that are not affiliated with agrichemical dealers.

This listing is not intended to be 2. In person. The EPA has established consider to be CBI. To ensure proper exhaustive, but rather provides a guide an official record for this action under receipt by EPA, be sure to identify for readers regarding entities likely to be docket control number OPP–190001C. docket control number OPP–190001C in affected by this action. Other types of The official record consists of the the subject line on the first page of your entities not listed above could also be documents specifically referenced in response. affected. The Standard Industrial this action, any public comments Classification (SIC) codes and the North received during an applicable comment D. How should I handle CBI information American Industrial Classification period, and other information related to that I want to submit to the Agency? System (NAICS) codes have been this action, including any information provided to assist you and others in claimed as confidential business Do not submit any information determining whether or not this action information (CBI). This official record electronically that you consider to be applies to certain entities. To determine includes the documents that are CBI. You may claim information that whether you or your business is affected physically located in the docket, as well you submit in response to this by this action, you should carefully as the documents that are referenced in document as CBI by marking any part or examine the applicability provisions in those documents. The public version of all of that information as CBI. Unit VII of the proposed rule published the official record does not include any Information so marked will not be in the Federal Register of October 21, information claimed as CBI. A public disclosed except in accordance with 1999 (64 FR 56918) and in §§ 165.100, version of this record, including procedures set forth in 40 CFR part 2. 165.120, 165.122, 165.140, 165.141, and printed, paper versions of any electronic A copy of the comment that does not 165.142 of the original proposed rule comments submitted during the contain CBI must be submitted for (59 FR 6712, February 11, 1994). If you comment period is available for inclusion in the public version of the have any questions regarding the inspection in the Public Information official record. Information not marked applicability of this action to a and Records Integrity Branch (PIRIB), confidential will be included in the particular entity, consult the person Rm. 119, Crystal Mall #2, 1921 Jefferson public version of the official record by listed in the FOR FURTHER INFORMATION Davis Highway, Arlington, VA, from EPA without prior notice. If you have CONTACT section. 8:30 a.m. to 4 p.m., Monday through any questions about CBI or the Friday, excluding legal holidays. The B. How can I get additional information, procedures for claiming CBI, please PIRIB telephone number is 703–305– including copies of this document and consult with the person identified in the 5805. other related documents? FOR FURTHER INFORMATION CONTACT 1. Electronically. You may obtain C. How and to whom do I submit section. comments? electronic copies of this document and E. What should I consider as I prepare various support documents from the As described in Unit I. of the my comments for EPA? EPA internet Home Page at http:// proposed rule published in the Federal www.epa.gov/. On the Home Page select Register of October 21, 1999 (64 FR We invite you to provide your views ‘‘Laws and Regulations’’ and then look 56918) (FRL–5776–3), you may submit on the various options we discuss in up the entry for this document under your comments through the mail, in this document, new approaches we the ‘‘Federal Register—Environmental person, or electronically. Please follow haven’t considered, the potential Documents.’’ You can also go directly to the instructions that are provided in the impacts of the various options the ‘‘Federal Register’’ listings at http:/ proposed rule. Do not submit any (including possible unintended /www.epa.gov/fedrgstr/. information electronically that you

VerDate 162000 18:31 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM pfrm08 PsN: 24FEP1 9236 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Proposed Rules consequences), and any data or II. Background based on the authority in section 19 of information that you would like the A. What action is EPA taking? the Federal Insecticide, Fungicide, and Agency to consider during the Rodenticide Act. development of the final action. You EPA is reopening the comment period may find the following suggestions for 30 days in response to two requests III. Do Any Regulatory Assessment helpful for preparing your comments: for additional time to prepare Requirements Apply to This Action? • comments. On October 21, 1999 (64 FR Explain your views as clearly as No. This action is not a rulemaking, possible. 56918) (FRL–5776–3), EPA reopened the • comment period on the rule ‘‘Standards it merely extends the date by which Describe any assumptions that you public comments must be submitted to use. for Pesticide Containers and EPA on a proposed rule that previously • Provide solid technical information Containment’’ to obtain comment on published in the Federal Register of and/or data to support your views. four specific issues. The October 21, October 21, 1999 (64 FR 56918). For • If you estimate potential burden or 1999 Federal Register notice solicited comments on four aspects of the original information about the applicability of costs, explain how you arrive at the 1994 proposed rule that proposed the regulatory assessment requirements estimate. container design and residue removal to that proposed rule, which published • Tell us what you support, as well as requirements for refillable and what you disagree with. in the Federal Register, please refer to • nonrefillable pesticide containers and the discussion in Unit X of that Provide specific examples to standards for pesticide containment illustrate your concerns. document. • structures. (59 FR 6712, February 11, Offer alternative ways to improve 1994) (FRL–4168–9). Because of the List of Subjects in 40 CFR Part 165 the rule. lengthy time period between the • Make sure to submit your original proposal in 1994 and the Environmental protection, comments by the deadline in this October 21, 1999 notice to reopen the Antimicrobial pesticides, Packaging and notice. comment period, EPA believes that containers, Pesticides and pests. • To ensure proper receipt by EPA, be granting an additional 30 days is Dated: February 19, 2000. sure to identify the docket control warranted. Susan H. Wayland, number assigned to this action in the subject line on the first page of your B. What is the agency’s authority for Deputy Assistant Administrator for response. You may also provide the taking this action? Prevention, Pesticides and Toxic Substances. name, date, and Federal Register EPA proposed the standards for [FR Doc. 00–4415 Filed 2–18–00; 5:01 pm] citation. pesticide containers and containment BILLING CODE 6560±50±F

VerDate 162000 18:31 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\24FEP1.SGM pfrm08 PsN: 24FEP1 9237

Notices Federal Register Vol. 65, No. 37

Thursday, February 24, 2000

This section of the FEDERAL REGISTER determine if this pilot program will to the requirements of the Paperwork contains documents other than rules or negatively or disproportionately affect Reduction Act, unless that collection of proposed rules that are applicable to the minorities, women or persons with information displays a currently valid public. Notices of hearings and investigations, disabilities who are program OMB Control Number. Please send committee meetings, agency decisions and beneficiaries or applicants for program written comments to the Office of rulings, delegations of authority, filing of petitions and applications and agency benefits in RMA assisted programs. If Information and Regulatory Affairs, statements of organization and functions are DOPP becomes a permanent program, a OMB, Attention: Desk Officer for RMA, examples of documents appearing in this proposed and final rule with a complete Washington, DC 20503. Please state that section. civil rights impact analysis will be your comments refer to the Dairy submitted. For specific information on Options Pilot Program (DOPP), Round 2. the Civil Rights Impact Analysis, The paperwork associated with the DEPARTMENT OF AGRICULTURE contact William Buchanan, Director, Dairy Options Pilot Program will USDA/RMA, Office of Civil Rights, include information to be used by RMA Risk Management Agency Room 3059, South Building, in: (a) establishing producer eligibility by requiring their certification and RIN 0563±AB77 Washington, D.C. 20250–0801, telephone (202) 690–6068, e-mail documentation of the minimum level of Dairy Options Pilot Program address— milk production; (b) verifying [email protected]. compliance of participating producers AGENCY: Risk Management Agency, and brokers, and (c) evaluating the USDA. Cost-Benefit Analysis effectiveness of dairy put options as a ACTION: Notice of availability. The program is designed to increase risk management tool for dairy farmers. the level of understanding of options In addition, the response to voluntary SUMMARY: This notice supersedes the contracts as risk management tools surveys will allow RMA to obtain the Notice of Availability published on among dairy producers and to explore participants’ perspective on the November 6, 1998 (63FR 59930–59936), their specific applicability to the dairy program, and valuable information from which announced the availability of a industry. The costs to the Government producers who attended information new Dairy Options Pilot Program of option premiums under the program presentations but elected not to (DOPP) to be administered by the Risk are estimated to be about $10 million participate as to why the program did Management Agency (RMA) in annually. If successful, the program will not fit their needs. We are soliciting conjunction with the private sector. help create liquid markets in basic comments from the public (as well as This notice extends the program to new formula price (BFP) futures and options affected agencies) concerning the states and counties and changes several contracts which would be sustained, in program’s information collection and of its provisions to enhance the part, by the on-going hedging of output recordkeeping requirements. We need educational benefits of the program to price risk by dairy producers who have this outside input to help us accomplish producers. The objective of DOPP is to benefitted from the educational aspects the following: ascertain whether put options can of the program. Under that scenario, the (1) Evaluate whether the collection of provide dairy producers with an benefits of the program would include information is necessary for the proper effective risk management tool by furnishing producers with a viable price performance of our agency’s functions, providing reasonable protection from risk management alternative, exerting a including whether the information will volatile dairy prices. stabilizing influence on the dairy have practical utility; EFFECTIVE DATE: February 23, 2000. industry, and contributing to the (2) Evaluate the accuracy of our estimate of the burden of the collection FOR FURTHER INFORMATION CONTACT: For Department’s goal of supporting market further information contact Craig Witt, oriented reforms in the agricultural of information, including the validity of Director, Risk Management Education sector. the methodology and assumptions used; (3) Enhance the quality, utility, and Division, Risk Management Agency, Paperwork Reduction Act of 1995 clarity of the information to be United States Department of collected; and Agriculture, 1400 Independence In accordance with section 3507(j) of (4) Minimize the burden of the Avenue, S.W., Stop 0805, Room 6749– the Paperwork Reduction Act of 1995 information collection on those who are S, Washington, DC 20250–0805. (44 U.S. C. 3501 et seq.), the information to respond (such as through the use of SUPPLEMENTARY INFORMATION: collection and recordkeeping appropriate automated, electronic, requirements included in this notice of Executive Order 12866 mechanical, or other technological availability have been submitted for collection techniques or other forms of The Office of Management and Budget emergency approval to the Office of information technology, e.g., permitting (OMB) has determined this notice to be Management and Budget (OMB). OMB electronic submission responses). significant for the purposes of Executive has assigned control number 0563–0058 Estimate of burden: 31,701 hours. Order 12866 and, therefore, has been to the information collection and Respondents: 6,150. reviewed by OMB. recordkeeping requirements. Estimated number of responses: Notwithstanding any other provision of Civil Rights Impact Analysis 42,825. the law, no person is required to Estimated number of responses per RMA does not collect civil rights data respond to, nor shall any person be respondent: 1.1. on the farmers/ranchers who participate subject to a penalty for failure to comply Estimated total annual burden on in the programs, therefore, we cannot with a collection of information, subject respondents: $285,607.76.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9238 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Copies of this information collection Executive Order 12988 by purchasing put options. DOPP will can be obtained from: Information This notice has been reviewed in no longer be available in any of the 42 Collection Clearance Officer, OCIO, accordance with Executive Order 12988 counties included in the notice of USDA, Stop 7602, 1400 Independence on civil justice reform. The provisions November 6, 1998. The program will be available in the Avenue SW, Washington, DC 20250. of this notice will not have a retroactive following States and counties: Maricopa effect. The provisions of this notice will Unfunded Mandates Reform Act of County, Arizona; Marin and Sonoma not preempt State and local laws. The 1995 counties, California; Weld County, Title II of the Unfunded Mandates administrative appeal provisions Colorado; Gilchrist and Okeechobee Reform Act of 1995 (UMRA), establishes published at 7 CFR part 11 must be counties, Florida; Morgan and Putnam requirements for Federal agencies to exhausted before any action for judicial counties, Georgia; Gooding, Jerome, and assess the effects of their regulatory review of any determination made by Twin Falls counties, Idaho; Clinton and actions on State, local, and tribal RMA may be brought. Washington counties, Illinois; Elkhart governments and the private sector. Environmental Evaluation and Marshall counties, Indiana; Clayton, This notice contains no Federal Dubuque, and Winneshiek counties, This action is not expected to have mandates (under the regulatory Iowa; Nemaha County, Kansas; Adair any significant impact on the quality of provisions of title II of UMRA) for State, and Barren counties, Kentucky; Carroll the human environment, health, and local, and tribal governments or the and Frederick counties, Maryland; safety. Therefore, neither an private sector. Therefore, this notice is Franklin County, Massachusetts; Environmental Assessment nor an not subject to the requirements of Allegan, Clinton, and Sanilac counties, Environmental Impact Statement is sections 202 and 205 of UMRA. Michigan; Fillmore and Wabasha needed. counties, Minnesota; Webster and Executive Order 13132 Background Wright counties, Missouri; Gage County, It has been determined under section Nebraska; Chaves, Lea, and Roosevelt Section 191 of the Federal Agriculture 1(a) of Executive Order 13132, counties, New Mexico; Madison and Improvement and Reform Act of 1996 Federalism, that this rule does not have Wyoming counties, New York; Iredell authorizes the Secretary of Agriculture sufficient implications to warrant County, North Carolina; Ashtabula, (Secretary) to conduct a pilot program consultation with the states. The Mercer, and Wayne counties, Ohio; for one or more agricultural provisions contained in this rule will Adair and Mayes counties, Oklahoma; commodities to determine the feasibility not have a substantial direct effect on Marion and Washington counties, of the use of futures and options as risk States, or on the relationship between Oregon; Lebanon and Tioga counties, management tools to protect producers the national government and the States, Pennsylvania; Deuel and Grant counties, from fluctuations in price, yield and or on the distribution of power and South Dakota; McMinn County, income. Accordingly, the Secretary responsibilities among the various Tennessee; Archer County, Texas; Cache directed RMA to develop DOPP. levels of government. and Utah counties, Utah; Washington The purpose of this notice is to County, Vermont; Franklin and Regulatory Flexibility Act announce the availability of DOPP in Rockingham counties, Virginia; Skagit, This notice will not have a significant new States and counties and provide the Snohomish, and Whatcom counties, impact on a substantial number of small new terms and conditions of the Washington; Barron and Shawano entities. The provisions included in this program. counties, Wisconsin. At the discretion notice will not impact small entities to DOPP is intended to offer an of the Secretary, States and counties are a greater extent than large entities. The educational experience to dairy subject to change throughout the amount of work required of brokers will producers whose need for risk duration of this pilot program. only increase slightly because the management tools has risen sharply as The participation limit per county is information to determine the eligibility a result of unprecedented price set at 100 producers, subject to of producers and trading activities is volatility, the elimination of price adjustments as described below. already collected by brokers specializing supports, and the current unavailability Counties with a higher number of in hedge positions and the only of production insurance. participants signing-up will have additional burden is the electronic The program represents a joint participants selected through a lottery. transmittal of this information. initiative between RMA and the private When a county has fewer than the Therefore, this action is determined to sector. DOPP procedures were first maximum number of participants, the be exempt from the provisions of the proposed to RMA by the Coffee, Sugar excess program vacancies will be pooled Regulatory Flexibility Act (5 U.S.C. 605) & Cocoa Exchange (CSCE), now the New and distributed among counties where and no Regulatory Flexibility Analysis York Board of Trade (NYBOT). During more than the maximum number has was prepared. the development of this program, the signed up. Producers wishing to Chicago Mercantile Exchange (CME) participate in the program must fill out Federal Assistance Program provided additional recommendations. and sign an application (Form CCC–320) This program is listed in the Catalog If successful, the educational benefits of and a release of information from their of Federal Domestic Assistance under DOPP will prepare producers to manage broker to RMA (CCC–321). No. 10.450. their price risk independently through The program will last a maximum of the milk futures and options markets. 12 months for each participating Executive Order 12372 In the November 6, 1998, Notice of producer , commencing at the date of This program is not subject to the Availability (63 FR 59930–59936), training through the close-out of DOPP provisions of Executive Order 12372 DOPP was offered in 42 counties. options positions. After registration and which require intergovernmental However, DOPP did not operate in training, producers will have up to 4 consultation with State and local Orleans County of Vermont; and months to purchase DOPP options and officials. See the Notice related to 7 CFR Commanche, Erath, and Van Zandt all DOPP options must expire within 12 part 3015, subpart V, published at 48 FR counties of Texas because no producer months from the month the producer 29115, June 24, 1983. in those counties elected to participate attends the training session. Producers

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9239 are required to buy ‘‘put options’’ at changed the definition of ‘‘expiration days after attending a DOPP training least two months in the future in order date’’ to reflect the possibility of selling session. An application postmarked to allow time for the educational before expiration; changed the within the deadline will be considered benefits of the program to be realized. definition for ‘‘premium’’ to eliminate valid. Participants in the first round of For the same reason, producers will be possible confusion between the value of the program indicated that requiring required to hold their options until the the option and strike price for an option; producers to execute the application four week period immediately prior to changed the definition of ‘‘round turn’’ before having the opportunity to learn the expiration date. to reflect the alternative of abandonment about the program in the training In order to introduce the new trading as a method of liquidating a put position session discouraged many prospective volume onto the markets slowly, each and also to clarify RMA’s participants. round of participants will commence responsibilities in the event a put buyer 7. In section 6(d) of the producer trading at different times by state. The under DOPP wishes to exercise a put; contract and 5(b) of the broker contract, two exchanges where the BFP futures and changed the definition of ‘‘sale’’ to the description of possible program and put options are currently available avoid confusion between option changes was revised to reflect current are NYBOT and CME. The contracts on contract markets, wherein obligations of information regarding Federal Milk the two exchanges differ with regard to performance are created, and asset Marketing Order reform. quantity. Under the program, a markets, wherein titles of property are 8. In section 3(b)(3) of the broker participating producer will be permitted transferred. contract, the requirement to report the to purchase contracts to hedge between 2. In section 3(a)(1) of the producer strike price, contract type, and exchange 100,000 and 600,000 pounds of milk contract and section 3(a)(1) of the broker was added. This change was made to over a period extending from a contract, the time in which producer reflect that this additional information minimum of 2 months to a maximum of has to buy options in the program was is needed to assess the program and that 12 months following the date the changed from 2 to 4 months from the this information was collected during producer attends DOPP training. date the producer attends the training the first round of the program. Producers will be required to submit and information session. In the first 9. Section 4(d) of the broker contract documentation supporting their farm’s round of the program, many participants was added. This change makes the production of at least 100,000 pounds of indicated that 2 months did not provide financial responsibilities of the milk over a six-month period. sufficient time to observe the market producer for futures transactions On November 6, 1998, RMA and to implement a sound buying explicit, in the event a put option is published a Notice of Availability in the strategy. exercised. Federal Register at 63 FR 215 in which 3. In section 3(a)(1) of the producer Notice: The terms and provisions for DOPP was offered as a pilot in selected contract, a phrase was added that allows the DOPP Producer Contract are as counties in the states of California, producers to not fulfill their obligation follows: United States Department of Minnesota, New York, Pennsylvania, to buy put options in the program if Agriculture, Risk Management Agency, Texas, Wisconsin, and Vermont. A total market conditions fail to provide price Dairy Options Pilot Program Contract. of 428 dairy producers from 38 counties protection that exceeds production Participation in the Dairy Options participated in the program by buying a costs. This provision was added to Pilot Program is voluntary. Neither the total of 1,701 put options. ensure that producers will not be United States, the Commodity Credit An assessment of the first round of required to buy puts during periods Corporation, the Federal Crop Insurance the program revealed that some changes when that strategy may not be in the Corporation, the Risk Management were warranted. In addition to minor producer’s economic interest. Agency, the Department of Agriculture, reformatting and word changes for 4. In section 3(a)(8) of the producer nor any other Federal agency is clarity, RMA has made the following contract and section 3(a)(7) of the broker authorized to guarantee that participants changes to DOPP: contract, the requirement that all in this pilot program will be better or 1. In section 1 of the producer options purchased in the program will worse off financially as a result of contract and section 1 of the broker expire no more than 6 months after the participation in the pilot program than contract, RMA added a definition for month of purchase was changed to 12 the producer would have been if the ‘‘abandonment’’ to recognize this months from the month the producer producer had not participated in the alternative which is available to a buyer attended the DOPP training session. pilot program. of an option for resolving contractual Some participants in the first round of rights and obligations associated with the program indicated that the 6 month 1. Definitions an option that will expire worthless; forward limitation prevented producers Abandonment. The surrender of the added a definition for ‘‘contract month’’ from considering more favorable right possessed by an option buyer, an and deleted the definition for ‘‘strike opportunities in contract months more alternative available to an option buyer month’’ to conform to the more common than 6 months forward. whose option is to expire worthless. terminology used by brokers and 5. Section 3(a)(9) was added to the Application. Form CCC–320 that is hedgers; changed the definition of producer contract to ensure that required to be completed and signed by ‘‘futures contract’’ to avoid confusion producers are aware of their financial the producer before the producer is regarding contract markets, wherein responsibility for any losses and eligible to participate in this program. obligations of performance are created, brokerage commissions if they choose to Basic formula price (BFP). The price and cash commodity markets, wherein exercise any put options before established by USDA, and provided to the actual commodity is transferred; expiration. the USDA marketing order added a definition for ‘‘NYBOT’’ (the 6. In section 3(c) of the producer administrators to be used to set regional New York Board of Trade) and changed contract, the deadline for submitting a minimum prices. the definition of the ‘‘CSCE’’ to reflect properly completed and executed Broker. A broker or brokerage firm the name change by that futures application was changed from within 14 registered under the Commodities exchange (also, all references to the days after receiving notification and Exchange Act that has entered into an CSCE were changed to the NYBOT in application materials from RMA agreement with RMA to participate in both the producer and broker contracts); through the mail to within 14 calendar the program.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9240 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Contract Month. A month designated trading for a specific put option as assume the producer wants to hedge in an eligible market for which futures published by the exchange on which September 1999 production with BFP and options contracts are quoted for that contract trades. put options. The last date on which the trading. Strike price. The price at which the producer shall be able to purchase a CME. Chicago Mercantile Exchange. holder of a put option has the right, but September put option under the CSCE. Coffee, Sugar, and Cocoa not the obligation, to sell the underlying program would be Tuesday, August 3, Exchange (now known as the NYBOT). futures contract. because September options expire DOPP. Dairy Options Pilot Program. USDA. The United States Department exactly two months later, on October 4. Eligible markets. Commodity futures of Agriculture. On August 4, the producer could and options markets designated as 2. Eligibility purchase only October or more distant contract markets under the Commodity options; Exchange Act (7 U.S.C. 1 et seq.). (a) To be eligible for any benefits (6) To purchase only those put Exercise. The action taken by the under this contract, a producer must: options with a strike price that is at least holders of a put option on a futures (1) Be eligible for a production 10 cents out of the money; contract if they wish to sell the flexibility contract, a loan deficiency (7) That no put option will be sold or underlying futures contract. payment, a non-recourse marketing exercised before four weeks prior to the Expiration Date. The last date on assistance loan or any other assistance expiration date (For example, assume which a put option may be exercised or under title I of the Federal Agriculture the producer owns September, 1999 put sold. Improvement and Reform Act of 1996; options which expire on October 4, Futures contract. A standardized (2) Operate a dairy farm located in a 1999. The producer would not be contract to make or take delivery of a county selected for the pilot program; allowed to sell or exercise September (3) Have documented production commodity traded on an eligible market options under the program prior to history of at least 100,000 pounds of at some point in the future. September 6); milk production over any consecutive Hedge. To take compensatory (8) To purchase only those put That six month period during the most recent measures to counter a possible loss. all options purchased shall expire NYBOT. The New York Board of 12 months; and during the month that is not more than Trade (formerly known as the CSCE). (4) Execute this contract and comply 6 with contract months less than 12 Open outcry. Method of public with its terms and conditions. months after the month of purchase auction required to make bids and offers (b) This program is available to milk from the month of training (For in the trading pits, or rings, of producers in states and counties example, assume a producer is trained commodity exchanges. designated. Out-of-the-money. Put option with a on June 7, 1999, and makes all 3. Responsibilities strike price that is less than the purchases in the months of June and underlying futures contract price. (a) Producers who elect to participate July. The most distant option contract Premium. The value of a put option in the program agree: the producer is permitted to buy is the determined by open outcry. The (1) To attend not less than one May 2000 contract); and premium does not include related training session conducted by RMA to (9) To assume any losses from the brokerage commission fees. receive training on the use of put underlying futures contract if the Producer. An individual, entity, or options and the program’s operations; producer chooses to exercise any put joint operation, which as owner, (2) To purchase put options on a option rather sell the option or abandon operator, landlord, tenant, or minimum of 100,000 pounds of milk on it. sharecropper, is entitled to share in the an eligible market, through an eligible (b) The producer must open an production available for marketing from broker, within 4 months after the date account with an eligible broker in order the farm, or share in the proceeds the producer attends the required to participate in the program and must thereof. training session, unless market do so before making any purchases. Program. The Dairy Options Pilot conditions fail to provide an (c) The producer must submit to RMA Program. opportunity to establish price protection within 14 calendar days after attending Put Option. A contract traded on that exceeds production costs; a DOPP training session a properly eligible markets that gives the buyer the (3) To purchase put options on no completed and executed application right, but not the obligation, to sell the more than 200,000 pounds of milk for and a copy of the marketing receipts for underlying futures contract at the strike any one contract month; 6 consecutive months in the previous 12 price on or before the expiration date. (4) To purchase put options on no months showing production in excess of RMA. Risk Management Agency, an more than the producer’s total 100,000. An application postmarked agency of the United States Department production over the consecutive 6- within the deadline will be considered of Agriculture. month period used to establish the valid. producer’s eligibility. (For example, if a Round turn. The broker’s service in 4. Costs transacting a single put option producer has provided copies of consisting of consultation services and marketing receipts for 245,000 pounds (a) The producer will pay to the the purchase and liquidation (sale, of total milk production for a broker 20 percent of the premium for exercise, or abandonment) of a put consecutive 6 month period to meet the each put option purchased. option. eligibility criteria of the program, only (b) RMA will pay 80 percent of the Sale. An alternative available to the 200,000 pounds can be hedged under premium to the broker on behalf of the purchaser of an option by which the the program because there are no producer and will pay transaction costs option is liquidated through an offer in contracts equal to or less than 45,000 not to exceed $30 per round turn for an eligible market. pounds currently available on an each option purchased. The producer is Secretary. The Secretary of eligible market); free to deal with brokers who charge Agriculture. (5) To purchase only those put more than $30 per round turn, but will Settlement price. The price options that expire at least two months be financially responsible for amounts established at the end of each day’s after the purchase date ( For example, that exceed $30.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9241

(c) The producer is solely responsible the NYBOT or CME could replace premium does not include related for any commission cost associated with existing BFP options contracts with brokerage commission fees. futures contracts created when put options derived from other milk price Producer. An individual, entity, or options are exercised. indexes. DOPP will permit the trading joint operation, which as owner, of put option contracts on a milk price operator, landlord, tenant, or 5. Restrictions and Limitations index which replaces the BFP under a sharecropper, is entitled to share in the (a) Except as stated herein, total new Federal Milk Marketing Order. production available for marketing from program participation will be limited to Notice: The terms and conditions for the farm, or share in the proceeds 100 producers per county. If more the DOPP broker agreement are as thereof. participants are enrolled than the follows: United States Department of Program. The Dairy Options Pilot county limit, a lottery will be held by Agriculture, Risk Management Agency, Program. RMA to determine participants within a Broker Agreement for the Dairy Options Put Option. A contract traded on county. If fewer than 100 participants Pilot Program eligible markets that gives the buyer the are enrolled in a county, the number of right, but not the obligation, to sell the unfilled participation slots will be 1. Definitions underlying futures contract at the strike pooled and redistributed over counties Abandonment. The surrender of the price on or before the expiration date. where enrollment exceeds 100. right possessed by an option buyer, an RMA. Risk Management Agency, an (b) A producer will be able to place alternative available to an option buyer agency of the United States Department orders for put options with a broker whose option is to expire worthless. of Agriculture. under DOPP only after the broker has Application. Form CCC–320 that is Round turn. The broker’s service in obtained verification from RMA of the required to be completed and signed by transacting a single put option producer’s selection as a program the producer before the producer is consisting of consultation services and participant and the date the producer eligible to participate in this program. the purchase and liquidation (sale, received training. RMA will notify Basic formula price (BFP). The price exercise, or abandonment) of a put eligible brokers electronically after their established by USDA, and provided to option. selection by a producer. the USDA marketing order Sale. An alternative available to the (c) No producer may participate in the administrators to be used to set regional purchaser of an option by which the program more than once. minimum prices. option is liquidated through an offer in (d) If a producer who has participated Broker. A broker or brokerage firm an eligible market. Secretary. The Secretary of in the program is not in compliance registered under the Commodities Agriculture. with the provisions of this contract, the Exchange Act that has entered into an Settlement price. The price producer will be required to repay any agreement with RMA to participate in established at the end of each day’s cost sharing of option premiums and the program. trading for a specific put option as broker fees paid by RMA on behalf of Contract Month. A month designated published by the exchange on which the producer. in an eligible market for which futures (e) The agreement is not effective that contract trades. and options contracts are quoted for Strike price. The price at which the until the producer executes and returns trading. holder of a put option has the right, but the forms CCC–320, with supporting CME. Chicago Mercantile Exchange. not the obligation, to sell the underlying documentation of milk marketing, and CSCE. Coffee, Sugar, and Cocoa futures contract. CCC–321, and the producer receives Exchange (now known as the NYBOT). USDA. The United States Department DOPP. Dairy Options Pilot Program. written notice from RMA that the of Agriculture producer has been accepted into the Eligible markets. Commodity futures program. and options markets designated as 2. Eligibility contract markets under the Commodity 6. Other (a) To be eligible to execute option Exchange Act (7 U.S.C. 1 et seq). orders on behalf of DOPP participants (a) The National Futures Association, Exercise. The action taken by the under this agreement, a broker must: on behalf of the Commodity Futures holders of a put option on a futures (1) Be properly licensed; and in good Trading Commission, maintains a contract if they wish to sell the standing with the National Futures current listing of brokers and brokerage underlying futures contract. Association; firms who are licensed to conduct Expiration Date. The last date on (2) Not be suspended or debarred by futures-related business. However, only which a put option may be exercised or any U.S. Government Agency; those brokers who have entered into an sold. (3) Attend at least one DOPP training agreement with RMA will be eligible to Futures contract. A standardized session; execute orders on behalf of DOPP contract to make or take delivery of a (4) Have the following hardware and participants. commodity traded on an eligible market software and service in order to operate (b) To assist in the evaluation of the at some point in the future. the DOPP communications software: program, participating producers may Hedge. To take compensatory Internet Service Provider; Internet E- be asked to complete entry and exit measures to counter a possible loss. mail address; a Windows 95 PC; Internet surveys by RMA. Producers are NYBOT. The New York Board of Browser, either Microsoft Internet encouraged to complete these surveys to Trade (formerly known as the CSCE). Explorer or Netscape; minimum 28.8 assess this program’s effectiveness. Open outcry. Method of public modem; minimum 8 meg RAM. (16 meg (c) There may be tax consequences auction required to make bids and offers recommended); and with respect to participation in this in the trading pits, or rings, of (5) Execute this agreement and program. Producers interested in the commodity exchanges. comply with all its terms and program who have questions regarding Out-of-the-money. Put option with a conditions. related tax issues should seek the advice strike price that is less than the of a competent tax advisor. underlying futures contract price. 3. Responsibilities (d) Because of likely implementation Premium. The value of a put option (a) Brokers who participate in the of Federal Milk Marketing Order reform, determined by open outcry. The program agree to enforce the following

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9242 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices program requirements with respect to required to be submitted by the broker does not violate the trading limitations any DOPP participant who elects to to RMA include: of the program itemized in Section 3 purchase options and who uses the (1) The purchase date, time, premium, above. broker’s services: strike price, contract type, and exchange (d) The producer is solely responsible (1) To buy put options on a minimum for each put option; for any broker commissions or other of 100,000 pounds of milk on an eligible (2) The expiration date and contract costs associated with futures contracts market, through an eligible broker, month for each put option; when put options are exercised. (3) Whether the options are sold, within 4 months after the date the 5. Program Changes producer attends the required training exercised, or abandoned, and the date, session, unless market conditions fail to time, and price of the futures contract (a) The broker acknowledges that, due provide an opportunity to establish transaction, in the event of exercise. to the pilot nature of this program, on- price protection above production costs; (c) Brokers certify that systems used going modifications may be necessary. (2) To purchase put options on no to transmit data will be year 2000 The broker agrees to abide by reasonable more than 200,000 pounds of milk for compliant, i.e. be able to accurately changes in the program by RMA. (d) Because of likely implementation any one contract month; process date and time data (including, of Federal Milk Marketing Order reform, (3) To purchase put options on no but not limited to, calculating, the NYBOT or CME could replace more than the producer’s total comparing, and sequencing) from, into, existing BFP options contracts with production over the consecutive 6- and between the years 1999 and 2000 options derived from other milk price month period used to establish the and leap year calculations, and to indexes. DOPP will permit the trading producer’s. (For example, if a producer properly exchange date and time data of put option contracts on a milk price has provided copies of marketing with other information technology. Data index which replaces the BFP under a receipts for 245,000 pounds of total milk transmission requirements and year new Federal Milk Marketing Order. production for a consecutive 6 month 2000 compliance guidelines are period to meet the eligibility criteria of available upon request. Signed in Washington, D.C., on February (d) The broker cannot permit a the program, only 200,000 pounds can 18, 2000. producer to purchase a DOPP option be hedged under the program because Kenneth D. Ackerman, until RMA has electronically notified there are no contracts equal to or less Administrator, Risk Management Agency. the broker that the producer has been than 45,000 pounds currently available [FR Doc. 00–4376 Filed 2–23–00; 8:45 am] accepted into the program, the amount on an eligible market); BILLING CODE 3410±08±P of milk for which the producer has (4) To only those put options that provided production records, and the expire at least two months after the date on which the producer fulfilled the purchase date ( For example, assume the BARRY GOLDWATER SCHOLARSHIP training requirement. producer wants to hedge September (e) If a broker participating in the AND EXCELLENCE IN EDUCATION 1999 production with BFP put options. program through this agreement is not FOUNDATION. The last date on which the producer in compliance with the provisions of Sunshine Act Notice; BOAC #473891 shall be able to purchase a September this agreement, the broker will be put option under the program would be required to repay any broker fees and AGENCY: Barry Goldwater Scholarship Tuesday, August 3, because September premiums paid by RMA on options and Excellence in Education options expire exactly two months later, contracts traded by the broker under the Foundation. on October 4. On August, the producer program. TIME AND DATE: 2:00 pm, Wednesday, could purchase only October or more March 15, 2000. distant options; 4. Costs PLACE: U.S. Cannon House Office (5) To purchase only those put (a) Up to $30 per round turn in broker Building, Washington, DC 20510. options with a strike price that is at least fees will be paid by RMA for each put 10 cents out of the money; STATUS: The meeting will be open to the option purchased on behalf of a public. (6) That no put option will be sold or producer. Any transactions costs agreed MATTERS TO BE CONSIDERED: exercised before four weeks prior to the upon between the broker and a producer 1. Review and approval of the expiration date. (For example, assume in excess of $30 will be the sole minutes of the March 24th, 1999 Board the producer owns September, 1999 put responsibility of the producer and not of options which expire on October 4, of Trustees meeting. RMA. 2. Report on financial status of the 1999. The producer would not be (b) The broker will charge the allowed to sell or exercise September Foundation fund. producer’s account for 20 percent of the A. Review of investment policy and options under the program prior to premium of each put option purchased. current portfolio. September 6); and This 20 percent of the put option 3. Report on results of Scholarship (7) To purchase only those put premium is the sole responsibility of the Review Panel. options with contract months less than producer and not of RMA. A. Discussion and consideration of 12 months from the month of training. (c) The broker will bill transaction scholarship candidates. (For example, assume a producer is costs not to exceed $30 and the balance B. Selection of Goldwater Scholars. trained on June 7, 1999. The most of the put option premium, 80 percent, 4. Other Business brought before the distant option contract the producer is to RMA. RMA will pay these amounts Board of Trustees. permitted to buy is the May 2000 via the automated clearing house (ACH) CONTACT PERSON FOR MORE INFORMATION: contract). payments process within three banking Gerald J. Smith, President, Telephone: (b) The broker must keep detailed days after RMA’s acceptance of the (703) 756–6012. records on each transaction and transaction. Transactions will be transmit all transaction information to considered accepted after RMA systems Gerald J. Smith, RMA electronically. RMA will provide verify that the broker and participant President the broker with communications have been selected for participation in [FR Doc. 00–4529 Filed 2–22–00; 3:45 pm] software for this purpose. Records the program, and that the transaction BILLING CODE 4738±91±M

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9243

DEPARTMENT OF COMMERCE In addition, unless otherwise indicated, thickness of 4.75 millimeters or more all citations to the Department’s are of a width which exceeds 150 International Trade Administration regulations are to 19 CFR part 351 millimeters and measures at least twice [A±122±822, A±122±823] (1998). the thickness, as currently classifiable in the Harmonized Tariff Schedule (HTS) Background Certain Corrosion-Resistant Carbon under item numbers 7210.30.0030, Steel Flat Products and Certain Cut-to- On September 29, 1998, we published 7210.30.0060, 7210.41.0000, Length Carbon Steel Plate From in the Federal Register (63 FR 51893) 7210.49.0030, 7210.49.0090, Canada: Final Results of Antidumping the notice of initiation of administrative 7210.61.0000, 7210.69.0000, Duty Administrative Reviews, and review of the orders on certain CTL 7210.70.6030, 7210.70.6060, Determination Not To Revoke in Part carbon steel plate and certain corrosion- 7210.70.6090, 7210.90.1000, resistant carbon steel flat products from 7210.90.6000, 7210.90.9000, AGENCY: Import Administration, Canada for the period August 1, 1997 7212.20.0000, 7212.30.1030, International Trade Administration, through July 31, 1998. 7212.30.1090, 7212.30.3000, U.S. Department of Commerce. On August 19, 1999, we published in 7212.30.5000, 7212.40.1000, ACTION: Notice of Final Results of the the Federal Register (64 FR 45228–301) 7212.40.5000, 7212.50.0000, Antidumping Duty Administrative the preliminary results of the 7212.60.0000, 7215.90.1000, Reviews of Certain Corrosion-Resistant administrative reviews of the 7215.90.3000, 7215.90.5000, Carbon Steel Flat Products and Certain antidumping duty orders on certain 7217.20.1500, 7217.30.1530, Cut-to-Length Carbon Steel Plate From corrosion-resistant carbon steel flat 7217.30.1560, 7217.90.1000, Canada and Determination Not to products and certain CTL carbon steel 7217.90.5030, 7217.90.5060, and Revoke in Part. plate from Canada. We gave interested 7217.90.5090. Included in this review parties an opportunity to comment on are corrosion-resistant flat-rolled our preliminary results. For corrosion- SUMMARY: On August 19, 1999, the products of non-rectangular cross- resistant carbon steel, we received Department of Commerce (the section where such cross-section is written comments from CCC, Dofasco, Department) published the preliminary achieved subsequent to the rolling and Stelco, and from the petitioners results of its administrative reviews of process (i.e., products which have been (Bethlehem Steel Corporation, U.S. Steel the antidumping duty orders on certain ‘‘worked after rolling’’)—for example, Group (a unit of USX Corporation), corrosion-resistant carbon steel flat products which have been beveled or Inland Steel Industries, Inc., AK Steel products and certain cut-to-length (CTL) rounded at the edges. Excluded from Corporation, LTV Steel Co., Inc. and carbon steel plate from Canada. These this review are flat-rolled steel products National); for CTL carbon steel plate, we reviews cover four manufacturers/ either plated or coated with tin, lead, received comments from Stelco and the exporters of corrosion-resistant carbon chromium, chromium oxides, both tin petitioners (Bethlehem Steel steel and two manufacturers/exporters and lead (‘‘terne plate’’), or both Corporation, U.S. Steel Group (a unit of of CTL carbon steel plate), and the chromium and chromium oxides (‘‘tin- USX Corporation), Inland Steel period August 1, 1997, through July 31, free steel’’), whether or not painted, Industries, Inc., Gulf States Steel Inc. of 1998. We gave interested parties an varnished or coated with plastics or Alabama, Sharon Steel Corporation, opportunity to comment on our other nonmetallic substances in Geneva Steel, and Lukens Steel preliminary results. As a result of these addition to the metallic coating. Also Company). We have now completed comments, we have made certain excluded from this review are clad these administrative reviews in changes in these final results. These products in straight lengths of 0.1875 accordance with section 751(a) of the changes are discussed in the section on inch or more in composite thickness Act. ‘‘Interested Party Comments’’ below. and of a width which exceeds 150 EFFECTIVE DATE: February 24, 2000. Scope of Reviews millimeters and measures at least twice FOR FURTHER INFORMATION CONTACT: The products covered by these the thickness. Also excluded from this Sarah Ellerman at (202) 482–4106 administrative reviews constitute two review are certain clad stainless flat- (Continuous Colour Coat (CCC)); separate ‘‘classes or kinds’’ of rolled products, which are three-layered Michael Strollo at (202) 482–5255 merchandise: (1) Certain corrosion- corrosion-resistant carbon steel flat- (Dofasco, Inc. and Sorevco Inc. resistant carbon steel flat products, and rolled products less than 4.75 (collectively, Dofasco)); Mark Hoadley at (2) certain CTL carbon steel plate. millimeters in composite thickness that (202) 482–0666 (Gerdau MRM Steel The first class or kind, certain consist of a carbon steel flat-rolled (MRM)) and National Steel Co. corrosion-resistant steel, includes flat- product clad on both sides with (National); Elfi Blum at (202) 482–0197 rolled carbon steel products, of stainless steel in a 20%–60%–20% (Stelco Inc. (Stelco)); or Maureen rectangular shape, either clad, plated, or ratio. Flannery at (202) 482–3020, Import coated with corrosion-resistant metals The second class or kind, certain CTL Administration, International Trade such as zinc, aluminum, or zinc-, carbon steel plate, includes hot-rolled Administration, U.S. Department of aluminum-, nickel-or iron-based alloys, carbon steel universal mill plates (i.e., Commerce, 14th Street and Constitution whether or not corrugated or painted, flat-rolled products rolled on four faces Avenue, N.W., Washington, DC 20230. varnished or coated with plastics or or in a closed box pass, of a width SUPPLEMENTARY INFORMATION: other nonmetallic substances in exceeding 150 millimeters but not addition to the metallic coating, in coils exceeding 1,250 millimeters and of a The Applicable Statute and Regulations (whether or not in successively thickness of not less than 4 millimeters, Unless otherwise indicated, all superimposed layers) and of a width of not in coils and without patterns in citations to the Tariff Act of 1930, as 0.5 inch or greater, or in straight lengths relief), of rectangular shape, neither amended (the Act), are to the provisions which, if of a thickness less than 4.75 clad, plated nor coated with metal, effective January 1, 1995, the effective millimeters, are of a width of 0.5 inch whether or not painted, varnished, or date of the amendments made to the Act or greater and which measures at least coated with plastics or other by the Uruguay Round Agreements Act. 10 times the thickness or if of a nonmetallic substances; and certain hot-

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9244 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices rolled carbon steel flat-rolled products regulations, that the Department revoke during the six months covered by the in straight lengths, of rectangular shape, the order covering CTL carbon steel investigation. Similarly, during the hot rolled, neither clad, plated, nor plate from Canada with respect to their fourth POR (covering the period August coated with metal, whether or not sales of this merchandise. 1996 through July 1997), Stelco sold painted, varnished, or coated with In accordance with section approximately 2,000 tons of subject plastics or other nonmetallic substances, 351.222(b)(2)(iii) of the regulations, merchandise in the United States. While 4.75 millimeters or more in thickness these requests were accompanied by this amount is small in comparison to and of a width which exceeds 150 certifications from MRM and Stelco that the amount sold prior to issuance of the millimeters and measures at least twice they had not sold the subject order, it is more than 40 times greater the thickness, as currently classifiable in merchandise at less than NV for a than the amount sold during the period the HTS under item numbers period of three consecutive reviews, covered by the fifth administrative 7208.40.3030, 7208.40.3060, which included this review period, and review. Consequently, although Stelco 7208.51.0030, 7208.51.0045, would not do so in the future. The received a de minimis margin in the 7208.51.0060, 7208.52.0000, Department conducted verifications of fifth administrative review, this margin 7208.53.0000, 7208.90.0000, MRM’s and Stelco’s responses for this was not based on commercial quantities 7210.70.3000, 7210.90.9000, period of review. Prior to considering within the meaning of the revocation 7211.13.0000, 7211.14.0030, whether it is appropriate to revoke an regulation. The number of sales and 7211.14.0045, 7211.90.0000, order pursuant to section 351.222(b)(2) total sales volume is so small, both in 7212.40.1000, 7212.40.5000, and of the regulations, the Department absolute terms, and in comparison with 7212.50.0000. Included in this review ‘‘must be satisfied that, during each of the period of investigation and other are flat-rolled products of non- the three (or five) years, there were review periods, that it does not provide rectangular cross-section where such exports to the United States in any meaningful information on Stelco’s cross-section is achieved subsequent to commercial quantities of the subject normal commercial experience. In light the rolling process (i.e., products which merchandise to which a revocation or of this fact, we cannot conclude that the have been ‘‘worked after rolling’’) —for termination will apply.’’ See 19 CFR antidumping duty is no longer example, products which have been 351.222(d)(1) (emphasis added). In other necessary to counteract dumping. beveled or rounded at the edges. words, the Department must be satisfied Therefore, we find that Stelco does not Excluded from this review is grade X– that the company participated qualify for revocation from the order on 70 plate. Also excluded is CTL carbon meaningfully in the U.S. market during steel plate under section 351.222(b)(1)(i) steel plate meeting the following each of the three years at issue, and that and (d)(1). criteria: (1) 100% dry steel plates, virgin past margins are reflective of a With respect to MRM’s request for steel, no scrap content (free of Cobalt-60 company’s normal commercial activity. revocation, we have decided not to and other radioactive nuclides); (2) .290 On January 15, 1999, Stelco submitted revoke the antidumping order with inches maximum thickness, plus 0.0, comments supporting its revocation respect to MRM at this time. On May 28, minus .030 inches; (3) 48.00 inch wide, request. On January 19, 1999, 1998, the Department initiated an anti- plus .05, minus 0.0 inches; (4) 10 foot petitioners submitted factual circumvention investigation of MRM lengths, plus 0.5, minus 0.0 inches; (5) information pertaining to Stelco’s based upon information that MRM was flatness, plus/minus 0.5 inch over 10 performance and the data Stelco circumventing the antidumping duty feet; (6) AISI 1006; (7) tension leveled; submitted to the Department in support order on cut-to-length plate by adding (8) pickled and oiled; and (9) carbon of its revocation request. small amounts of boron to plate content, 0.3 to 0.8 (maximum). Based on the record, we find that products covered by the order. Cut-To- With respect to both classes or kinds, Stelco did not sell merchandise in the Length Carbon Steel Plate From Canada; the HTS item numbers are provided for United States in commercial quantities Initiation of Anticircumvention Inquiry convenience and Customs purposes. during the current (fifth) administrative on Antidumping Duty Order, 63 FR The written description remains review period. During the period of 29179 (May 28, 1998). We find that the dispositive of the scope of these review (POR) covered by the fifth issue of whether a company is engaged reviews. administrative review (August 1997 in circumventing an antidumping duty though July 1998), Stelco made only a Normal Value Comparisons order is relevant to whether that few sales in the United States. company has satisfied the criteria for To determine whether sales of subject Moreover, Stelco’s total sales volume revocation under section 351.222 of the merchandise from Canada to the United during this POR was only 47 tons of Department’s regulations. See Color States were made at less than normal subject merchandise.1 By contrast, value (NV), we compared the Export Television Receivers From the Republic during the period covered by the of Korea: Initiation of Changed Price (EP) or Constructed Export Price antidumping investigation, which was (CEP) to the NV, as described in the Circumstances Antidumping Duty only six months long, Stelco made Administrative Review and ‘‘United States Price’’ and ‘‘Normal several thousand sales totaling Value’’ sections of the preliminary 2 Consideration of Revocation of Order (in approximately 30,000 tons. In other Part), 61 FR 32426 (June 24, 1996); see results of review notice. In accordance words, Stelco’s sales for the entire year with section 777A(d)(2) of the Act, we also Samsung Electronics Co., Ltd. v. covered by the fifth review period were United States, 946 F. Supp. 5, 10 (CIT calculated monthly weighted-average only 0.157 percent of its sales volume prices for NV and compared these to 1996), aff’d, 129 F.3d 135 (Fed. Cir. 1997) (‘‘Commerce has initiated both individual U.S. transaction prices. 1 Stelco’s response (public version) to Section A anticircumvention and changed Determination Not to Revoke in Part of the Department’s questionnaire in the current administrative review of CTL carbon steel plate circumstances reviews which will the Order on CTL Steel Plate from Canada (Oct. 26, 1998) at Exhibit A–1. address whether the antidumping duty On August 21, 1998, and August 31, 2 Stelco’s response (public version) to Section A order should be revoked.’’). In light of of the Department’s questionnaire in the 1998, respectively, MRM and Stelco antidumping duty investigations of certain flat the information before the Department submitted requests, in accordance with carbon steel (CTL plate) products from Canada concerning MRM’s alleged section 351.222(b) of the Department’s (Sept. 11, 1992) at Exhibit 1. circumvention of the order and the

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9245

Department’s ongoing anti- For Stelco, 22.63 percent of its U.S. maintains that the Department’s practice circumvention investigation of MRM, sales were made at positive dumping is to use the Federal Reserve’s weighted- we find that MRM has not satisfied the margins, and for CCC, 20.38 percent of average rate for commercial and requirements for revocation given that its U.S. sales were made at positive industrial loans maturing between one the issue of MRM’s alleged margins. CCC and Stelco have provided month and one year from the time the circumvention of the order remains evidence that they charged their loan is made. CCC notes that the unresolved. Although the Court of unaffiliated customers an amount equal Department has used the weighted- International Trade has issued an to the cash deposits required on average rate for commercial and injunction with respect to the individual sales. CCC and Stelco argue industrial loans in the last two Department’s anti-circumvention that this is sufficient to indicate that administrative reviews of this case. CCC proceeding in Co-Steel Lasco and there has not been duty absorption. states that the interest rate it provided Gerdau MRM Steel v. United States, Ct. However, the documentation only in its section C response, which is based No. 98–08–02684, we note that the indicates that the cash deposit rate was on the Federal Reserve’s weighted- injunction is preliminary and that the passed on to the unaffiliated customer, average data for commercial and Court has not yet finally decided the and no statement or agreement by the industrial loans for the POR, should be case on its merits. Because the producer/importer and unaffiliated used instead of the average prime rate, Department expects to proceed with the customer, indicating that the in accordance with the Department’s anti-circumvention investigation unaffiliated customer will ultimately Policy Bulletin 98.2. following the litigation in this matter, pay all the antidumping duties due, was Petitioners argue that the average and because a determination on submitted. We presume that the duties prime rate used by the Department to circumvention is relevant to the will be absorbed for those sales which value CCC’s U.S. credit expense is determination of revocation, the were dumped, unless there is evidence correct. Petitioners cite two cases in Department has determined to withhold (e.g., an agreement between the which the Department used the prime MRM’s revocation pending resolution of affiliated importer and the unaffiliated rate for imputing credit expense: the anti-circumvention investigation. purchaser) that the unaffiliated Industrial Phosphoric Acid from purchasers in the United States will pay Belgium: Final Results of Antidumping Duty Absorption the full duty ultimately assessed on the Duty Administrative Review, 63 FR On October 28, 1998, petitioners in subject merchandise. Although in this 55087 (October 14, 1998) and Silicon the corrosion-resistant carbon steel case case certain companies have provided Metal from Brazil: Notice of Final requested that the Department invoices which separately list an Results of Antidumping Duty determine whether antidumping duties amount for estimated antidumping Administrative Review, 64 FR 6305 had been absorbed during the POR for duties which they are charging their (February 9, 1999). Petitioners also Dofasco, CCC, and Stelco; and unaffiliated purchasers, this is not argue that the rate proposed by CCC is improper because it involves mainly petitioners in the CTL carbon steel plate evidence of payment of antidumping foreign money market rates, and the case requested that such a duties by the customer, and none of Department’s practice requires interest determination be made for MRM and these companies has presented evidence rates to be calculated in the currency in Stelco. Section 751(a)(4) of the Act of agreements with unaffiliated which the transaction was made. provides for the Department, if purchasers to pay ultimately assessed antidumping duties. Therefore, we find Department’s Position: We agree with requested, to determine during an CCC. We have used the average short- administrative review initiated two or that the antidumping duties have been absorbed by the above-listed firms. (See term lending rates calculated by the four years after the publication of the Antifriction Bearings (Other than Federal Reserve, as outlined in Policy order, or in 1996 or 1998 for orders in Tapered Roller Bearings) and Parts Bulletin 98.2. Policy Bulletin 98.2 states effect prior to January 1, 1995 (transition Thereof from France, Germany, Italy, a preference for the Federal Reserve’s orders), whether antidumping duties Japan, Romania, Singapore, Sweden average rate on commercial loans as the have been absorbed by a foreign and the United Kingdom: Preliminary basis of the short-term interest rate. producer or exporter, if the subject Results of Antidumping Duty Policy Bulletin 98.2 recognizes that, merchandise is sold in the United States Administrative Reviews and Partial while using the U.S. prime rate is through an affiliated importer. Because Termination of Administrative Reviews, ‘‘reasonable,’’ it is not preferable this review is of a transition order and 62 FR 31568 (June 10, 1997).) because the prime rate usually was initiated in 1998, we have made a With respect to CTL carbon steel represents the minimum borrowing rate duty absorption determination in this plate, we have determined that there are available in the U.S. market, instead of segment of the proceeding. no dumping margins for MRM and an average, and does not necessarily In this case, Dofasco sold to the Stelco. Therefore, we find that represent a short-term borrowing rate United States through an affiliated antidumping duties have not been that a respondent might realize in the importer and also acted as its own absorbed by MRM and Stelco on their usual course of business. Although this importer. In all other cases, the U.S. sales of CTL carbon steel plate. rate may include foreign money market producer was the importer of record. rates, as noted by petitioners, the Therefore, all companies meet the Interested Party Comments Federal Reserve collects this data by definition of affiliation within the CCC surveying 348 domestically chartered meaning of section 751(a)(4) of the Act. commercial banks and 50 U.S. branches With respect to corrosion-resistant Comment 1: Imputed U.S. Credit and agencies of foreign banks; therefore, carbon steel, we have determined that CCC contends that, in determining the this data accurately reflects the there is a de minimis dumping margin appropriate short-term interest rate, the experience of businesses for borrowing for Dofasco’s sales. Therefore, we Department erred in using the average dollars in the United States. The determine that no antidumping duties U.S. prime rate as the basis upon which Department’s standard practice, as have been absorbed by Dofasco on its to calculate CCC’s U.S. imputed credit described in Policy Bulletin 98.2, in a U.S. sales of corrosion-resistant carbon expense. CCC argues that the case where a respondent has no short- steel during the period of review. Department’s Policy Bulletin 98.2 term borrowings in the currency of

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9246 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices transaction, is the following: ‘‘For dollar resistant carbon steel at all; conversely, and Tubes from Thailand: Final Results transactions, we will generally use the Dofasco can manufacture corrosion- of Antidumping Duty Administrative average short-term lending rates resistant carbon steel without producing Review, 64 FR 56759 (October 21, 1999). calculated by the Federal Reserve to coke. In addition, petitioners assert that, Comment 3: Offset to COP for Baycoat impute credit expenses. Specifically, we since coke is fully consumed in the Profit will use the Federal Reserve’s weighted- steelmaking process, it can not be average rate for commercial and considered a by-product. Dofasco argues that the Department’s industrial loans maturing between one Department’s Position: We agree with failure to allow an offset to Dofasco’s month and one year from the time the petitioners that coke is not a by-product COP for profit that was remitted to loan is made.’’ (Policy Bulletin 98.2, at of the steel-making process. Coke is a Dofasco by Baycoat Partnership 7) Accordingly, we have applied the material that goes into making steel, not (Baycoat) is contrary to the dictates of average short-term lending rates a product that results from the same the North American Free Trade calculated by the Federal Reserve. process that yields steel. Nor does that Agreement (NAFTA) Panel Decision in fact that coke is necessary to make steel In the Matter of Corrosion-Resistant Dofasco mean that coke is produced along with Steel Flat Products from Canada, Panel Comment 1: By-Product Offset for steel in the same process. Therefore, for No. USA–97–1904–3, 1999 FTAPD Industrial Coke these final results, we continue to deny LEXIS 2 (January 20, 1999)(NAFTA Dofasco’s requested offset to COP for Panel Decision). Moreover, Dofasco Dofasco argues that the Department revenue from sales of industrial coke. improperly denied an offset to Dofasco’s contends, it is contrary to the We have continued to use the amount Department’s own remand cost of production (COP) for by-product that Dofasco reported for its average, profit from sales of industrial coke. determination in that case. per-unit coke production cost as part of Dofasco maintains that, in the review Dofasco claims that, as an integrated the cost of steel-making. Thus, only the producer, it must produce coke to that was the subject of the NAFTA Panel cost of coke used in the production of Decision, respondent Stelco was produce steel. Dofasco maintains and steel is included in the steel cost of operates three batteries that produce charged a transfer price for painting production. No cost of coke that was services that exceeded the actual costs industrial coke. Dofasco asserts that, in sold is reflected in the steel COP. order to meet its requirements for steel of Baycoat to provide painting services, production, it must operate all three Comment 2: Foreign Exchange Gains as even though Baycoat, which was 50% batteries since operating two batteries an Offset to COP owned by Stelco, remitted 50% of its does not produce enough coke to meet Dofasco argues that the Department’s profits at the end of each year back to its steel production requirements. denial of its foreign exchange gains as Stelco. Dofasco contends that the Therefore, the production of coke is an an offset to net interest expense is, in NAFTA Panel rejected the Department’s unavoidable consequence of steel- effect, an improper use of facts decision to use the inflated transfer making, and as such, should be treated available. Dofasco maintains that it price rather than the actual cost, stating { } as a by-product in the production of cooperated throughout the review that ‘‘ w hen the transfer price is subject merchandise. process by answering all questions and artificially high between affiliated Petitioners contend that coke is an supplemental questions. Dofasco also parties, as in this case, application of intermediate product, not a by-product, contends that it cooperated with the the ‘highest’ standard yields a result at in the production of subject Department during verification and odds with the ‘actual cost’ object of the merchandise. Petitioners assert that, in answered all questions asked of it. In statute.’’ determining whether a product should addition, Dofasco argues that it reported Dofasco maintains that, in accordance be treated as an intermediate product, as the foreign exchange gains as an offset with the NAFTA Panel’s instructions, opposed to a by-product, the to net interest expense early in the the Department recalculated Stelco’s Department, as established in Titanium proceeding but the Department never cost of production by adjusting the Sponge from Japan: Final Determination once asked Dofasco to provide any transfer price for Baycoat services to of Sales at Less Than Fair Value additional information on the offset. Stelco, in order to account for Baycoat’s (Titanium Sponge), 49 FR 38687 Therefore, Dofasco argues, the profit remittances to Stelco. Dofasco (October 1, 1984), examines whether (1) Department should allow the offset to asserts that it is the other partner in the it is manufactured in separate facilities; net interest expense for its reported joint venture with Stelco; and, like (2) its quantity of production could be foreign exchange gains. Stelco, Dofasco pays Baycoat for determined by management and is not Department’s Position: We agree with painting services and receives a share of determined by the production of the Dofasco. Foreign exchange gains are remittance of profit at the end of the subject merchandise; and (3) its normally taken as an offset to the year. Accordingly, Dofasco argues, it is production was not an unavoidable elements of COP to which they are entitled to the same type of adjustment consequence of the manufacturing of the relevant. Since we do not know the to the reported Baycoat transfer price subject merchandise. Petitioners source of these foreign exchange gains, that the Department granted to Stelco, contend that Dofasco, like any coke we disallowed an offset in the pursuant to the NAFTA Panel remand. manufacturer, must produce its coke in preliminary results. However, because Specifically, Dofasco claims, the specialized coke oven batteries, while Dofasco treated these foreign exchange Department should allocate total per- the subject merchandise, corrosion- gains as cost-of-sale adjustments in its unit Baycoat profit (Dofasco’s per-unit resistant carbon steel, is produced in an business records, and because we did profit, as derived by Dofasco, multiplied entirely separate and distinct mill. not request any information from by two), by multiplying it by the ratio Petitioners also argue that the amount of Dofasco concerning the source of these of the value charged to Dofasco by coke produced by Dofasco is entirely foreign exchange gains, we have Baycoat to the total value produced by independent from the amount of subject determined that it is appropriate to Baycoat, or simply rely on the cost data merchandise produced. Petitioners include them in the calculation of already submitted by Dofasco in its maintain that Dofasco can manufacture Dofasco’s COP for these final results. response to Section D of the coke without producing any corrosion- See Certain Welded Carbon Steel Pipes Department’s questionnaire.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9247

Petitioners counter that the 1904–3 (June 14, 1999) (Final Remand in determining whether to continue or Department properly valued the major Determination), this practice is modify our practice in any given area, inputs purchased from Baycoat at the consistent with the Department’s we consider seriously every decision by transfer price. Petitioners cite antidumping regulations, which require a NAFTA panel and its implications in subsections 773(f)(2) and (3) of the Act, that the Department normally value subsequent reviews. On the input which address the treatment of inputs supplied by affiliated persons at valuation issue, as discussed above, transactions between affiliated parties the transfer price between the entities, there are split decisions from the CIT in for the purpose of calculating COP or provided that such a price reflects the Mannesman v. United States and from constructed value (CV). Petitioners price commonly charged in the market a NAFTA panel In the Matter of contend that subsection 773(f)(2) and, for major inputs, is not below the Corrosion-Resistant Steel Flat Products permits the Department to disregard the cost of producing the input. See 19 CFR from Canada. In Mannesman v. United transfer price for a transaction between 351.407(b). States, the Department’s interpretation a respondent and an affiliated supplier Moreover, the Department’s practice of the major input rule was upheld as if, and only if, the transfer price does of using the highest of the market price, a reasonable interpretation of the not fairly reflect the amount usually actual transfer price, or cost of statute. We continue to believe that our reflected in sales of merchandise under production has been upheld by the CIT interpretation of these statutory consideration in the market under in Mannesmannrohren-Werke AG v. provisions is reasonable. Therefore, in consideration. Similarly, petitioners United States, Slip Op. 99–118 (Ct. Int’l the instant case we have continued to maintain subsection 773(f)(3) permits Trade Oct. 29, 1999). In that case, the value Baycoat’s painting services using the Department to disregard the transfer Court held that the plain language of the the transfer price from Baycoat to price (or market price) for a major input statute makes clear that ‘‘although Dofasco. if it has reasonable grounds to believe or Commerce may use an affiliated party’s Comment 4: U.S. Credit Expenses suspect that such price is less than the cost-of-production to value a major cost of production of such input. input, it may only do so when (1) Petitioners argue that the Department Accordingly, petitioners argue, the Commerce has ‘reasonable grounds to should recalculate Dofasco’s U.S. credit statute requires in this case that the believe or suspect’ that the cost-of- expenses based on its practice of using Baycoat inputs be valued at the transfer production exceeds the transaction the respondent’s own weighted-average price. value reported; and (2) the cost-of- short-term borrowing rate in the Petitioners also argue that, under production exceeds the market value of currency of the transaction. Petitioners section 19 U.S.C. 1516a(b)(3), a court in the input.’’ Id. at 14. contend that, because Dofasco had the United States is not bound by a final Further, as in the Final Remand short-term borrowings in U.S. dollars, decision of a binational panel. Determination, the Department Dofasco should have used that rate for Petitioners cite Live Swine From considers the factual circumstances in purposes of its U.S. credit expense Canada; Final Results of Countervailing this case to fit neatly within the calculation. Petitioners cite Notice of Duty Administrative Reviews, 61 FR circumstances contemplated by sections Final Determination of Sales at Less 52408 (October 7, 1996) (Live Swine 773(f)(2) and (f)(3) of the Act. That is, Than Fair Value: Certain Preserved From Canada), to support its claim that since (1) Baycoat is a supplier affiliated Mushrooms From Chile, 63 FR 56613 panel decisions are not binding with Dofasco; (2) the coating services (October 22, 1998) and Policy Bulletin precedent on the Department, and are provided by Baycoat constitute a major 98:2, Imputed Credit Expenses and not binding on subsequent input into the production of corrosion- Interest Rates. administrative determinations, but are resistant carbon steel; and (3) there is no Dofasco claims that petitioners have binding only on the particular matters market value available (Baycoat only mischaracterized its short-term presented which are based on the provides coating services for its joint borrowings. Dofasco argues that the particular administrative record subject venture owners), the higher of transfer situation surrounding its short-term to review. Thus, petitioners argue, the price or cost of production would apply. borrowing was unique and not Department, in this review, is under no These statutory provisions ensure that representative of its normal commercial obligation with respect to the Binational transactions between affiliated parties practices. Dofasco contends that, in Panel’s decision in that review. Further, occurring at less than the affiliate’s cost previous cases, the Department has petitioners assert that it was only in of production are not used as the basis excluded aberrant rates when those order to comply with the Panel’s of the Department’s calculation of cost rates were not representative of normal instructions that the Department of production of the producer of subject commercial borrowings by the adjusted the Baycoat transfer price for merchandise. Thus, when affiliated respondent, citing the Notice of Final remitted profits. party transactions occur at invalid Determination of Sales at Less Than Finally, petitioners maintain that, in prices, i.e., below cost or below market Fair Value: Stainless Steel Round Wire its remand determination, the value, then the Department may make from Korea, 64 FR 17342 (April 9, 1999). Department reiterated its position that an adjustment to the costs recorded in Dofasco argues that, in this case, the because the transfer price is not below the books and records of the respondent. loan in question was exceedingly rare, cost, it should be an appropriate basis See also ‘‘Department’s Position’’ on and did not represent normal for valuing the input provided by Stelco’s ‘‘Comment 3,’’ below. commercial borrowing conditions for Baycoat. Furthermore, we agree with Dofasco. Dofasco argues that, had it Department’s Position: We agree with petitioners that a NAFTA panel decision financed its receivables through bank petitioners that valuing Baycoat coating does not constitute binding precedent borrowings, it would have used the rate services at the Baycoat transfer price is upon agency determinations in that was available to it for borrowings of the correct method to arrive at actual subsequent administrative proceedings. a longer period of time. cost for the producer of subject See Porcelain-On-Steel Cookware From Department’s Position: The merchandise. As stated in the North Mexico: Notice of Final Results of Department’s practice is to calculate the American Free Trade Agreement-Final Antidumping Duty Administrative U.S. credit expense using a short-term Remand Determination, Article 1904 Review, 62 FR 25908 (May 12, 1997) and interest rate tied to the currency in Binational Panel Review, U.S.A.–97– Live Swine From Canada. Nevertheless, which the sales are denominated. This

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9248 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices interest rate should be based on the assess the significance of any quantity of each of Stelco’s shipments to respondent’s weighted-average short- differences between the different types its U.S. customers corresponds with its term borrowing experience in the of pellets in terms of physical properties normal individual shipments to its currency of the transaction. (See Policy or market value. We do not consider a customers. Bulletin 98:2, Imputed Credit Expenses price between the companies proposed Stelco asserts that it has been and Interest Rates.) Therefore, we have by petitioner to constitute a valid basis Department practice to consider even applied the various interest rates upon which to determine a market price one single shipment to constitute available to Dofasco to the sales which for Dofasco’s purchases from Wabush. commercial quantities, and that a best reflect the terms of the rates’ Therefore, we have continued to value decreased sales volume is not availability, respectively. For further Dofasco’s iron ore from Wabush at the considered no volume at all, citing Brass information, see the proprietary Final higher of transfer price or cost, which, Sheet and Strip from Germany; Final Analysis Memorandum for Dofasco, in this case, are identical. Results of Antidumping Duty February 15, 2000 (Dofasco Analysis Administrative Review and Memorandum), on file in room B–099 of Comment 6: Ministerial Error Determination Not to Revoke in Part, 61 the Commerce Department. Petitioners claim that the Department, FR 49727, 49729 (September 23, 1996) in its model match and margin (BSS from Germany). Stelco further Comment 5: Costs for iron ore programs, used an incorrect or partial argues that, in Antifriction Bearings Petitioners argue that, pursuant to home market data set, and, as a result, (Other Than Tapered Roller Bearings) section 773(f)(2) of the Act, the the Department did not perform an and Parts Thereof From Italy, 60 FR Department should reject the transfer arm’s-length test. Therefore, petitioners 10959, 10967 (February 28, 1995) (AFBs price for Dofasco’s purchases of iron ore argue, the Department should base its from Italy), the Department agreed with from its affiliated supplier, Wabush final results on the complete home respondent that there is nothing in the Mines, and revalue the iron ore at market data set. Department’s regulations which would market price. As the basis of market Dofasco agrees with petitioners’ preclude revocation even when sales are price, petitioners cite prices paid by comments regarding ministerial errors. considered minimal. Stelco points out other steel companies to a different Department’s Position: We agree with that the bona fide nature of its sales has Dofasco affiliate. For further details, see petitioners and Dofasco, and have not been contested. Stelco argues that, Dofasco Analysis Memorandum. corrected these errors for these final even when there is a severe drop in Dofasco contends that testing the results. exports, the Department does not transfer price from one affiliated automatically terminate its revocation supplier to Dofasco against the transfer Stelco analysis. (See Pure Magnesium from price from another of Dofasco’s Comment 1: The Merits of Stelco’s Canada; Preliminary Results of affiliated suppliers to its unaffiliated Request For Revocation—Commercial Antidumping Administrative Review customers is not a valid test of a transfer Quantities and Notice of Intent Not To Revoke price to a market price. To make such Order in Part, 63 FR 26147 (May 12, a comparison, Dofasco argues, would be Stelco disagrees with the 1998) (Pure Magnesium from Canada; tantamount to concluding that there is Department’s preliminary determination Preliminary Results 96/97) at 26148–9.) only one market price for any major not to revoke the order on CTL carbon Petitioners state that the Department input, regardless of the economic steel plate with regard to Stelco. Stelco was correct in finding Stelco ineligible situation of the supplier. Dofasco also states that it has fulfilled all the for revocation. Petitioners argue that argues that the market price petitioners requirements of section 351.222(b) of Stelco failed to demonstrate that it suggest is actually for a different kind of the Department’s regulations for shipped CTL carbon steel plate in pellet than that purchased from revocation of the antidumping duty commercial quantities during the fifth Wabush. Dofasco claims that this would order in part. Stelco points out that the administrative review and, therefore, create an ‘‘apples to oranges’’ Department determined that Stelco did failed to demonstrate that it was able to comparison. Finally, Dofasco maintains not engage in dumping of subject obtain zero or de minimis margins while that petitioners’ attempt to inflate merchandise during the third and fourth selling at normal commercial levels in Dofasco’s true cost for Wabush iron ore review periods (1996–96 and 1996– the U.S. market for all three consecutive would be contrary to the major input 1997, respectively). Stelco points out years. Consequently, petitioners argue, rule. In support, Dofasco cites the that, in the fifth review, the Department Stelco does not qualify for revocation NAFTA panel decision discussed above, again preliminarily determined that under sections 351.222(b) and (d)(1) of where the Panel held that it was Stelco did not dump subject our regulations. unlawful for the Department to merchandise. In addition, Stelco Petitioners point out that section automatically choose the inflated submitted the necessary certification in 351.222(b)(2) of the Department’s transfer price over input cost. For these its request for revocation. regulations requires that, to establish reasons, Dofasco argues, the Department Stelco further states that the eligibility for revocation, a company should continue to use the reported Department denied Stelco revocation must meet two threshold requirements: cost/transfer price in its calculations for because it did not sell to the United (1) [o]ne or more exporters or producers the final results. States in commercial quantities during covered by the order have sold the Department’s Position: In accordance the current review period. Stelco argues merchandise at no less than NV for a with section 773(f)(2) of the Act, the that the term ‘‘commercial quantities’’ period of at least three years, and (2) it Department determines the highest of has not been defined under the statute is not likely that those persons will in transfer price or market price. As or regulations, and that its usage has the future sell the subject merchandise Dofasco notes, the sale that petitioners been to confirm that sales were bona at less than NV. Petitioners contend that suggest indicates market price is, in fact, fide. Furthermore, Stelco suggests that it is the Department’s longstanding of a different type of pellet than that the term commercial quantities refers to practice to consider whether sales have purchased by Dofasco from Wabush. the volume of individual shipments been made in commercial quantities in Currently, we have no information on rather than to the total volume of all making its revocation decision. (See the record of this review whereby to shipments. Stelco claims that the Steel Wire Rope From the Republic of

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9249

Korea; Final Results of Antidumping Revoke Order in Part, 64 FR 50489 made in commercial quantities, which Duty Administrative Review and (September 17, 1999) (Pure Magnesium is necessary to support a determination Revocation in Part of Antidumping Duty From Canada; Final Results 97/98) the to revoke, and not whether these sales Order, 63 FR 17986, 17989 (April 13, Department determined that the constitute bona fide transactions for the 1998) (Steel Wire Rope from Korea).) commercial quantities requirement in purpose of calculating dumping Petitioners point out that Stelco made the regulations would be redundant if margins. only a few sales, totaling 47 tons, during commercial quantities would pertain to Furthermore, the two cases Stelco the fifth administrative review period, the bona fide nature of sales. (See Pure relies upon to build its argument, BSS whereas Stelco made several thousand Magnesium From Canada; Final Results from Germany and AFBs from Italy, are sales totaling approximately 30,000 tons 97/98, at 50492.) inapposite because the Department in during the six-month period of the Petitioners further state that Stelco those cases did not consider whether antidumping investigation; that is, the mischaracterizes the Department’s sales were made in commercial volume sold during the fifth review decision in BSS from Germany, when it quantities as a threshold matter for period is only 0.157 percent of the sales argues that one bona fide shipment purposes of revocation until its new volume during the period of the could constitute commercially regulations came into effect. In BSS antidumping investigation. In addition, significant quantities. In that case, from Germany, the Department the sales quantity of the fifth petitioners state, the Department did not specifically declined to consider administrative review period was very revoke the antidumping duty order commercial quantities in making its small in comparison with the sales because it concluded that the sharp determination regarding revocation. quantity of the fourth review period. decline in shipping volume after the We agree with petitioners that Stelco Petitioners point out that the imposition of the order indicated that has not sold subject merchandise in Department rejected Stelco’s revocation respondent in that case had problems commercial quantities at not less than request in the fourth administrative selling subject merchandise above NV. NV for three consecutive years, as review, because the total sales volume (See BSS from Germany, at 49729.) required by sections 351.222(b)(2)(i) and during the second administrative review Petitioners disagree with Stelco’s (d)(1) of the Department’s regulations. A (one of the three periods considered for reference to AFBs from Italy, to support few sales totaling 47 tons of CTL carbon a potential fourth administrative review Stelco’s claim that minimal sales are steel plate is so insignificant in revocation) amounted to only 36 tons, sufficient to obtain revocation. comparison with the volume of sales and thus did not constitute commercial Petitioners state that in those final quantities. (See Certain Corrosion- results the Department agreed with prior to the imposition of the Resistant Carbon Steel Flat Products respondent that, although the quantities antidumping order, as well as in and Certain Cut-to-Length Carbon Steel could be considered minimal, the fact comparison with subsequent review Plate from Canada, 64 FR 2173, 2175 that they were significantly greater than periods, as to fail to constitute a (January 13, 1999) (Fourth Review Final the quantity of sales on which the commercial quantity. Therefore, we do Results).) Petitioners argue that the Department based its determination in not consider Stelco sales to have been above comparisons demonstrate that the the less-than-fair-value (LTFV) made in normal commercial quantities. sales volume in the fifth administrative investigation, constitutes an acceptable Accordingly, we are not revoking the review does not give any meaningful level on which to base revocation. This, antidumping order on CTL carbon steel information on Stelco’s normal petitioners state, greatly differs from plate with respect to Stelco. For further commercial experience. Therefore, Stelco’s sales record. Therefore, details, see the ‘‘Determination Not to petitioners state, the zero margin does petitioners conclude that Stelco’s zero Revoke’’ section above. not credibly indicate that Stelco can margin for the POR was not reflective of Comment 2: The Merits of Stelco’s export to the United States at not less its normal commercial experience. Request For Revocation—Unusual than NV in the absence of an Department’s Position: We disagree Occurrences antidumping duty order. with Stelco on the interpretation of the Petitioners challenge Stelco’s term ‘‘commercial quantities,’’ namely, Stelco states that, in 1997–98, its plate argument that commercial quantities that in the absence of any definition in mill underwent major modernization constitute bona fide sales in quantities the law of the Department’s regulations, and upgrading, which was accompanied typical for shipments to individual the term commercial quantities should by planned shutdowns as well as by customers. Petitioners note that the be interpreted as the volume of ‘‘substantial unanticipated and Department rejected this argument in individual shipments. On the contrary, unrelated mill shutdowns.’’ Stelco Pure Magnesium From Canada; Final it has long been the Department’s claims that such a magnitude of plate Results of Antidumping Duty practice to examine the aggregate mill shutdowns has never occurred at Administrative Review and volume of total sales to the United Stelco. These unusual occurrences, Determination Not To Revoke Order in States in determining whether sales Stelco states, severely impacted its Part, 64 FR 12977 (March 16, 1999) have been made in commercial production capacity. Stelco claims that (Pure Magnesium From Canada; Final quantities. In addition, it has been the there was a severe reduction in Results 96/97), stating that, despite the position of the Department that, relating production from the fourth to the fifth bona fide nature of sales, the commercial quantities to whether sales POR due to these ‘‘unusual abnormally small aggregate quantity did are bona fide would make the occurrences’’ which resulted from the not constitute sales in commercial commercial quantities requirement in plate mill modernization. Stelco further quantities and thus could not provide a our regulations redundant. (See Pure points out that it is company policy to basis for revocation. (See Pure Magnesium From Canada; Final Results support the domestic market, and that Magnesium From Canada; Final Results 96/97, at 12979, and Pure Magnesium the company under these unusual 96/97, at 12979.) Petitioners From Canada; Final Results 97/98, at circumstances did make all the sales additionally point out that in Pure 50492.) Commercial quantities and bona that it could to its U.S. customers. Magnesium From Canada; Final Results fide sales are two distinct and separate Stelco distinguishes its situation from of Antidumping Duty Administrative concepts under the law. In this case we that which occurred in the Pure Review and Determination Not to examined whether Stelco’s sales were Magnesium reviews, claiming that its

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9250 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices level of sales in each review was the stoppages and the major reduction in planned and unplanned production result of ‘‘normal commercial behavior.’’ shipments to the United States. stoppages are temporary changes. We Petitioners contend that mill upgrades Petitioners note that, in BSS from the cannot conclude that the reduction in as undertaken by Stelco do not Netherlands-Preliminary Results, the shipments to the United States is a constitute an unusual occurrence as Department found it very important that permanent change, and therefore defined in the Department’s Notice of the unusual occurrence was the representative of normal commercial Proposed Rules, namely, that the immediate cause of the decline or activity from this time forward. Department will take into consideration cessation of shipments. Petitioners Since the small quantity of Stelco’s natural disasters and other unusual argue that there is no objective sales of subject merchandise to the occurrences that have an impact on a information which demonstrates that United States during the POR cannot be company’s capacity utilization. (See the reduction in shipments is due to the attributed to an unusual occurrence, we Notice of Proposed Rules, 61 FR 7308 plate mill shutdowns in the two must consider it in the context of (February 27, 1996), at 7320.) Petitioners documents that Stelco cites: the Stelco’s historical sales to the United argue that it is not uncommon for company’s letter of January 15, 1999, States. Considered in this context, the companies to periodically upgrade a requesting revocation, and the cost small quantity of merchandise sold mill and to have planned shutdowns verification exhibit depicting Stelco’s during this POR does not meet the during the upgrade process. Petitioners plate mill capacity in a chart from 1994 commercial quantities requirement of also state that a planned upgrade, as to 1998. Petitioners further argue that the revocation provisions of the undertaken by Stelco, must be the plate mill capacity utilization chart Department’s regulations. distinguished from the permanent constitutes unverifiable information, shifting of production to the United and is not probative. Comment 3: The Merits of Stelco’s States that characterized the case in Department’s Position: We agree with Request For Revocation—The Notice of Preliminary Results of petitioners that Stelco’s mill upgrade Likelihood of Dumping After Antidumping Duty Administrative does not qualify as an unusual Revocation Review and Intent to Revoke Order: occurrence within the meaning of the Stelco states that, because it has met Brass Sheet and Strip from the Notice of Proposed Rules. (See Notice of all the requirements of section Netherlands, 64 FR 48760, 48765 Proposed Rules, at 7320.) Mill 351.222(b)(2) of the Commerce (September 8, 1999) (BSS from the modernizations, such as that of Stelco’s regulations, including a demonstration Netherlands-Preliminary Results), plate mill, and accompanying plant that it is not likely to dump in the because it was not a permanent change stoppages, are not unusual, infrequent, future, and because the Department has in the company’s commercial behavior. or extraordinary events. Companies can not made a determination to the Petitioners further argue that Stelco plan in advance how to pursue their contrary, the Department must revoke itself did not appear to consider the business during such times of temporary the order with respect to Stelco. plate mill upgrade an unusual stoppages. occurrence up to the point that it sought The severe decrease in Stelco’s Petitioners argue that Stelco failed to revocation, because, for example, Stelco shipments to the United States during address factors such as domestic and did not report any closure or the fifth review period was not an home market industries, currency restructuring costs in its original section unavoidable consequence of Stelco’s movements, and Stelco’s D questionnaire response with respect mill modernization, but, rather, the competitiveness in the U.S. market in its to a question on plant closures, shut- result of Stelco’s choice to give priority case brief. In addition, petitioners state downs, or restructuring costs during the to the Canadian market. Had it so that Stelco did not discuss the issues of POR. (See Stelco’s Section D chosen, Stelco could have participated price and cost trends, investments and Questionnaire Response (Public more fully in the U.S. market, just as it production capacity in its case brief. Version) (November 23, 1998), at D–27 continued to participate in the Canadian Petitioners contend that it is likely & D–49.) Petitioners note that Stelco market. For further information see the that Stelco would sell at dumped prices should have reported these additional February 15, 2000 proprietary upon revocation of the order because it costs as part of its cost of production, as memorandum to the file regarding has substantially increased its plate mill required in the Department’s Stelco’s participation in the U.S. market. capacity due to its modernization questionnaire. In order for us to determine that there project. Petitioners point out that, although is an unusual occurrence, there should Department’s Position: Respondents Stelco refers to major unexpected and be a permanent change that is not based must meet the threshold criterion of unrelated mill shut-downs as unusual on an easily-altered decision. For three consecutive years of sales in occurrences, in fact unanticipated example, in BSS from the Netherlands- commercial quantities at not less than delays and shut-downs are not unusual, Preliminary Results, where the NV in order to be eligible for revocation. but are instead a common part of the company’s commercial practices were When that criterion has been met, the maintenance and operation of steel preliminarily considered to have Department makes a determination mills. In support of this argument permanently changed by shifting regarding the likelihood of resumption petitioners cite Notice of Final production of subject merchandise to of dumping based on the evidence on Determination of Sales at Less Than the United States. (See BSS from the the record. (See, e.g., BSS Germany and Fair Value: Hot-Rolled Flat-Rolled Netherlands-Preliminary Results, at Brass Sheet and Strip from Canada: Carbon-Quality Steel Products From 48765 & 48766.) (In that case the Preliminary Results of Antidumping Japan, 64 FR 24329, 24355 (May 6, Department ultimately determined that Duty Administrative Review and Notice 1999), where the Department the change in the company’s of Intent to Revoke Order in Part, 63 FR determined that the loss from a one-time commercial behavior was not 6519 (February 9, 1998) (BSS from blast furnace accident was not an permanent, and, therefore, the Canada).) Because we have determined unusual occurrence. calculated margins were not reflective of that Stelco’s POR sales were not made Petitioners state that Stelco cannot the company’s normal commercial in commercial quantities, Stelco is not establish a causal relationship between activity.) In contrast, Stelco’s plate mill eligible for revocation. Therefore, we the planned and unplanned mill modernization and its accompanying have not considered the likelihood

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9251 criterion. (See Pure Magnesium from argues that the Department completely affiliated parties, unless the transfer Canada; Final Results 97/98, at 50491.) disregarded the Binational Panel’s price is below the usual market price or Stelco is ineligible for revocation ruling in the preliminary results of the the transfer price is below the affiliated under section 351.222(b)(2)(i), based on current review (1997–98), and supplier’s cost of production. the fact that it has not had three artificially inflated the value of Petitioners further point out that these consecutive years of sales in commercial Baycoat’s painting costs. profits remitted are not attributable to quantities at not less than NV; therefore, Petitioners state that the Department individual sales and could be earned we need not address U.S. or Canadian correctly valued the input purchase from services performed for either of the market conditions, or Stelco’s mill from Stelco’s affiliate Baycoat at transfer two partners. Rather, these profits are expansion in process. price. Petitioners cite section 773(f) of unrelated in volume and value to the Act as the Department’s legal basis Comment 4: Major Input Rule— coating services performed for Stelco, for its applied methodology. Petitioners Corrosion-Resistant Carbon Steel petitioners say. Additionally, petitioners state that under subsection (f)(1), cost argue that adjusting transfer price by the Stelco states that the Act requires the calculations for the merchandise should Baycoat profits remitted would render Department to use actual costs in the be based on the exporter’s/producer’s subsections (f)(2) and (f)(3) of the Act calculation of the cost of production, records, and that subsections (f)(2) and ineffective because the adjustment for citing sections 773(b)(3) and 773(f)(1) of (f)(3) address inputs purchased from an profit would convert the transfer price the Act. Stelco claims that, by using affiliated party. According to to Baycoat’s cost of production. Baycoat’s transfer price to determine petitioners, subsection (f)(2) states that Petitioners further add that market value Stelco’s cost of coating services, the the transfer price, i.e., the price generally includes an element of profit. Department arrives at a cost in excess of generally maintained in the producer’s Petitioners contend the Binational Stelco’s actual cost of production in books and records, may be disregarded Panel’s decision is not binding on violation of the statute. Stelco maintains if it does not reflect market value. subsequent administrative reviews. In that, based on the remittance of Baycoat Subsection (f)(3) states that the support of their argument they cite Live profits to Stelco, Stelco’s true costs of Department may disregard the value of Swine from Canada, at 52424, and production will not be the same as the a major input in favor of the cost of Porcelain-on-Steel Cookware from face value of the invoice price received production if such amount is less than Mexico; Final Results of Antidumping from its affiliated supplier. Stelco notes cost of production or market value. Duty Administrative Review, 62 FR that, in its cost accounting system, it Petitioners argue that these subsections, 25908–01, 25914 (May 12, 1997) records the estimated costs for coating read together, provide that the (Porcelain Cookware from Mexico). services by Baycoat, which it adjusts Department can only reject the transfer Further, petitioners point out that the based on the actual sum of all invoices. price of a major input when such price Department, contrary to Stelco’s At the end of each month, Stelco adjusts is less than the cost of production or assertion, did not act contrary to its own its gross income by reducing its cost of market value. Based on the statutory determination in the Second NAFTA sales to account for the income requirements, petitioners state, the Binational Panel Remand, when recognized by Baycoat. This income, Department had to use transfer price for adjusting for Baycoat transfer price in Stelco explains, constitutes Stelco’s the major input in question, since the the current review. See Final Remand 50% share of Baycoat’s returned profits. prices Stelco paid for the painting Determination. Rather, the Department Stelco explains that Baycoat is a 50/50 services received from Baycoat for this followed the decision of the Binational partnership with Dofasco, with the sole major input were higher than Baycoat’s Panel in the second administrative purpose of providing coating services to cost of production. review when adjusting the transfer price its owners. Therefore, Stelco maintains, Petitioners contend that Stelco erred as instructed, while at the same time valuing coating services of Baycoat when it asserted that the use of transfer maintaining the position that the profit without taking into account the Baycoat price was not consistent with the remitted by Baycoat would not profits returned to Stelco, would result statute, because the Department should constitute an element of cost and should in a calculated cost in excess of actual have utilized the most accurate cost be viewed as a return on investment. cost. available in valuing such a major input. Department’s Position: We agree with Stelco further states that, with regard Petitioners state that Stelco ignored petitioners that valuing Baycoat coating to the second review, the Binational subsections (f)(2) and (f)(3) which services at the Baycoat transfer price is Panel has ruled that the Department regulate how ‘‘actual costs’’ are the correct method to value this major failed to follow the requirements of the calculated when a major input is input. As stated in the Final Remand statute by overvaluing Stelco’s painting supplied by an affiliate. Petitioners Determination, this practice is costs, noting that the Department must argue that the Department used the consistent with the Department’s be mindful that the amounts used to actual cost, which is the transfer price antidumping regulations, which require value an input may not exceed ‘‘the recorded in Stelco’s own books and that the Department normally value costs associated with the production records. Petitioners further assert that inputs supplied by affiliated persons at and sale of the merchandise.’’ (See In Stelco confuses its investment interest the transfer price between the entities, the Matter of Certain Corrosion- in Baycoat with its commercial provided that such a price reflects the Resistant Carbon Steel Flat Products relationship, which would not have any price commonly charged in the market from Canada, North American Free bearing on the price of the services and, for major inputs, is not below the Trade Agreement Article 1904 rendered by Baycoat. cost of producing the input. See 19 CFR Binational Panel Review, USA 97– Petitioners question Stelco’s assertion 351.407(b). 1904–03 (June 4, 1998).) On September that its cost for Baycoat painting Moreover, the Department’s practice 13, 1999, Stelco states, the Binational services should be adjusted downward of using the highest of the market price, Panel issued its decision on the second for Baycoat investment profits remitted. actual transfer price, or cost of remand determination, affirming the Petitioners state that Stelco ignores the production has been upheld by the CIT Department’s remand determination instructions of subsections (f)(2) and in Mannesmannrohren-Werke AG v. concerning its compliance with the (f)(3) of the Act, which require the use United States, Slip Op. 99–118 (Ct. Int’l Binational Panel’s instructions. Stelco of transfer price in transactions between Trade Oct. 29, 1999). In that case, the

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9252 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Court held that the plain language of the element of cost that must be accounted Binational Panel, subtracted Baycoat statute makes clear that ‘‘although for in the context of section 773(f)(1)(A) profit and interest and G&A from Commerce may use an affiliated party’s of the Act. Moreover, where and to what Stelco’s cost for coating services by cost-of-production to value a major extent affiliated companies choose to Baycoat. input, it may only do so when (1) recognize profit or loss on investments Petitioners argue that Stelco’s reliance Commerce has ’reasonable grounds to is a separate and distinct business on any adjustments to the Baycoat believe or suspect’ that the cost-of- decision from the value these transfer price pursuant to the NAFTA production exceeds the transaction companies place on the inputs at issue. Binational Panel ruling is misplaced, value reported; and (2) the cost-of- Affiliated companies may choose to because in that case the adjustment was production exceeds the market value of recognize profits through one corporate ordered by the NAFTA Binational the input.’’ Id. at 14. entity over another for a variety of Panel. In contrast, in the current review, Further, as stated in the Final Remand reasons, such as tax advantages, or the the Department is not bound by any Determination, the Department ability to write down losses against restrictions in utilizing the full transfer considers the factual circumstances in profits. These considerations, and the price, which, by its nature would this case to fit squarely within the business decisions that result, however, include interest and G&A. circumstances contemplated by sections do not alter the value of the inputs Department’s Position: We agree with 773(f)(2) and (f)(3) of the Act. That is, established between the parties. Our petitioners that the Department is not since (1) Baycoat is a supplier affiliated interpretation of the major input rule is bound in its adjustment of Stelco’s with Stelco; (2) the coating services that Congress intended the Department coating costs to transfer price. (See Live provided by Baycoat constitute a major to use the transaction price between Swine from Canada, at 52424.) input into the production of corrosion- affiliated parties as the value of the Stelco reported two categories of resistant carbon steel; and (3) there is no input, unless that value is below cost or coating services. In the preliminary market value available (Baycoat only market price. In our view, Congress results, we adjusted Stelco’s reported provides coating services for its joint clearly did not intend that the costs for Baycoat coating services so that venture owners), the higher of transfer Department examine every transfer of they accurately reflected the transfer price or cost of production would apply. money between affiliated parties to price for each category of services. In These statutory provisions ensure that determine whether the transfer price for calculating Stelco’s COP and CV, we transactions between affiliated parties an input is a valid reflection of its used this transfer price rather than occurring at less than the affiliate’s cost transaction value. Accordingly, we have Baycoat’s actual costs in accordance of production are not used as the basis not engaged in an examination of any with section 773(f)(2) of the Act. of the Department’s calculation of cost money transfers between Stelco and its However, in our COP and CV of production of the producer of subject affiliated suppliers for purposes of calculations for Stelco, we inadvertently merchandise. Thus, when affiliated valuing major inputs. added in Baycoat’s interest and G&A party transactions occur at invalid We also agree with petitioners that the because Stelco submitted consolidated prices, i.e., below cost or below market final ruling of the Binational Panel financial statements only, which value, then the Department may make applies to Stelco’s 1994/95 include Baycoat’s and Stelco’s interest an adjustment to the costs recorded in administrative review and does not and G&A combined. To avoid such the books and records of the respondent. establish precedent for any subsequent double counting, we must adjust Finally, as Stelco’s books and records cases. As stated in Live Swine from Stelco’s COP and CV for G&A expenses use transfer price in recording cost of Canada, ‘‘panel decisions are binding already accounted for in our manufacturing (COM), and the transfer only on the particular matters presented adjustments made to Baycoat coating price is not below cost, it is an which are based on the particular services. appropriate basis for valuing the input administrative record subject to We agree with Stelco’s assertion that provided by Baycoat. appellate review. Live Swine from we double counted interest and G&A In addition to the propriety of using Canada, 14 ITRD 2388, 2404–04 (1992). expenses for the second category of transfer price in valuing Baycoat’s Second, the Courts have recognized that coating services. For this category of coating services, the Department’s collateral estoppel is inapplicable when merchandise, Stelco reported Baycoat’s previous decision not to adjust transfer the Department’s determinations are cost. In making our adjustments to price to account for profit remittances based on different administrative Baycoat’s cost as reported by Stelco in was based upon the Department’s records. See PPG Industries v. United order to arrive at Baycoat’s transfer finding that profit was not an element States, 746 F. Supp. 119, 133–34 (CIT price, we added in Baycoat’s total profit, of cost. In this regard, the profit 1990).’’ (See Live Swine from Canada, at without adjusting for interest and G&A, recognized by Stelco resulted from its 52424, and Porcelain Cookware from which is included in the transfer price. investment in Baycoat and served to Mexico.) Therefore, we are not bound by The double counting occurred due to increase Stelco’s equity interest in its panel decisions on previous reviews. Stelco’s consolidation of its affiliates’ affiliate. Baycoat’s distributions to its expenses in its financial statements, as joint venture partners are directly Comment 5: Adjustment for G&A reported to the Department. proportional to their ownership Stelco asserts that, in adjusting With respect to the first category of interests, and do not serve as price Stelco’s reported cost for Baycoat coating services, we disagree with adjustments that reduce the cost of coating services up to the Baycoat Stelco’s comment that the Department manufacturing subject merchandise. It transfer price, the Department double double counted interest and G&A would be inappropriate for the counted Baycoat’s interest and general expenses by not subtracting these Department to adjust transfer prices and administrative expenses (G&A), as expenses from our adjustments to between affiliates by the return on those are already included in Stelco’s Stelco’s costs in order to arrive at investment recognized due to the consolidated financial statements. Baycoat’s transfer price. In its section D affiliated supplier operating at a profit Stelco states that this is inconsistent questionnaire response of November 23, or making a cash contribution. Thus, the with the Department’s Final Remand 1998, Stelco stated it reported the higher Department would not consider this Determination, where the Department, of Baycoat’s actual cost of coating, or investment income to constitute an in its adjustment, as ordered by the Stelco’s net acquisition cost, which is

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9253 the ‘‘transfer prices minus or plus antidumping duties on all appropriate this requirement could result in the Stelco’s share of Baycoat’s income or entries. In accordance with section Secretary’s presumption that loss.’’ (See Stelco’s Section D response 351.212(b), we calculated importer- reimbursement of the antidumping of November 23, 1998, at D–61.) Stelco specific ad valorem duty assessment duties occurred and the subsequent did not report the actual transfer price, rates for each class or kind of assessment of double antidumping but only reported transfer price adjusted merchandise based on the ratio of the duties. for profit and interest and G&A. (See total amount of antidumping duties This notice also serves as a reminder Verification Exhibit C–16.) In making calculated for the examined sales to the to parties subject to administrative our adjustments to the cost reported by total customs value of the sales used to protective orders (APOs) of their Stelco to obtain the transfer price, we calculate those duties. This rate will be responsibility concerning the added the difference between the assessed uniformly on all entries of that disposition of proprietary information transfer price and Stelco’s reported cost. particular importer for that class or kind disclosed under APO in accordance of merchandise made during the POR. We did not adjust this difference for any with section 353.34 (1997). Timely The Department will issue appraisement amount of interest or G&A, because written notification of the return/ instructions directly to the Customs Stelco had adjusted transfer price for destruction of APO materials or profit, interest and G&A. Service. Furthermore, the following deposit conversion to judicial protective order is Because we are subtracting Baycoat’s hereby requested. Failure to comply G&A from Stelco’s consolidated G&A in requirements will be effective upon publication of these final results for all with the regulations and the terms of an our COP and CV calculation in the final APO is a sanctionable violation. results, we must include it in our shipments of the subject merchandise adjustments to Stelco’s reported cost. entered, or withdrawn from warehouse, These administrative reviews and this We are correcting our calculations by for consumption on or after the notice are in accordance with section adding the amount of Baycoat’s interest publication date as provided by section 751(a)(1) of the Act (19 U.S.C. and G&A to our adjustment of the first 751(a)(1) of the Act: (1) The cash deposit 1675(a)(1)) and sections 351.213 and category coating services to arrive at an rate for each reviewed company will be 351.221(b)(5) of our regulations. adjusted transfer price. We then subtract the rate stated above (except that no Dated: February 15, 2000. deposit will be required for firms with Baycoat’s G&A per net ton for all Robert S. LaRussa, Control Numbers (CONNUM) which zero or de minimis margins, i.e., Assistant Secretary for Import obtained coating services. margins less than 0.5 percent); (2) for exporters not covered in this review, but Administration. Additional Changes to Final Results covered in the LTFV investigation or a [FR Doc. 00–4377 Filed 2–23–00; 8:45 am] Due to a clerical error in the previous review, the cash deposit rate BILLING CODE 3510±DS±P preliminary results of this review, will continue to be the company- certain sales of CCC were not specific rate published for the most considered in the preliminary results recent period; (3) if the exporter is not calculation. For these final results of a firm covered in this review, a previous DEPARTMENT OF DEFENSE review, the Department has rectified review, or the original LTFV this error and these sales have been investigation, but the manufacturer is, Office of the Secretary of Defense included. For more information, please the cash deposit rate will be the rate Ballistic Missile Defense Advisory see the Memorandum to the File established for the most recent period Committee; Meeting Through Maureen Flannery from Sarah for the manufacturer of the Ellerman; Analysis for Continuous merchandise; and (4) the cash deposit Colour Coat, Ltd. for the Final Results of rate for all other manufacturers or ACTION: Notice of Advisory Committee the Fifth Administrative Review of exporters will continue to be the all meeting. Corrosion-Resistant Carbon Steel from others rates established in the LTFV Canada for the period August 1, 1997 investigations, which were 18.71 SUMMARY: The Ballistic Missile Defense through July 31, 1998, dated February percent for corrosion-resistant steel (BMD) Advisory Committee will meet in 15, 2000. products and 61.88 percent for CTL closed session at the Consolidated carbon steel plate (see Amended Final Support Facility, 1901 North Moore Final Results of Reviews Determinations of Sales at Less Than Street, Suite 750, Arlington Virginia As a result of our reviews, we Fair Value and Antidumping Orders: 22209, on March 2, 2000. Certain Corrosion-Resistant Carbon determine the dumping margins (in The mission of the BMD Advisory Steel Flat Products and Certain Cut-to- percent) for the period August 1, 1997 Committee is to advise the Secretary of Length Carbon Steel Plate From Canada, through July 31, 1998 to be as follows: Defense and Deputy Secretary of 60 FR 49582 (September 26, 1995)). Defense, through the Under Secretary of These deposit requirements, when Manufacturer/exporter Margin Defense (Acquisition, Technology, and (percent) imposed, shall remain in effect until Logistics), on all matters relating to publication of the final results of the BMD acquisition, system development, Corrosion-Resistant Carbon Steel next administrative reviews. Flat Products: and technology. CCC ...... 1.01 Notification of Interested Parties In accordance with section 10(d) of Dofasco ...... 0.16 National ...... 5.65 This notice also serves as a final the Federal Advisory Committee Act, Stelco ...... 0.68 reminder to importers of their Public Law No. 92–463, as amended by Cut-to-Length Carbon Steel Plate: responsibility under section 351.402(f) 5 U.S.C., Appendix II, it is hereby MRM ...... 0.00 of our regulations to file a certificate determined that this BMD Advisory Stelco ...... 0.00 regarding the reimbursement of Committee meeting concerns matters antidumping duties prior to liquidation listed in 5 U.S.C., 552b(c)(1), and that The Department will determine, and of the relevant entries during this accordingly this meeting will be closed the U.S. Customs Service shall assess, review period. Failure to comply with to the public.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9254 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Dated: February 16, 2000. DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE Linda M. Bynum, OSD Federal Register Liaison Officer, Office of the Secretary of Defense Office of the Secretary of Defense Department of Defense. Meeting of the DOD Advisory Group on [FR Doc. 00–4286 Filed 2–23–00; 8:45 am] Change in Meeting Date of the DOD Electron Devices BILLING CODE 5001±10±M Advisory Group on Electron Devices

AGENCY: Department of Defense, AGENCY: Department of Defense, Advisory Group on Electron Devices. DEPARTMENT OF DEFENSE Advisory Group on Electron Devices. ACTION: Notice. ACTION: Notice. Office of the Secretary SUMMARY: Working Group A (Microwave Defense Partnership Council Meeting SUMMARY: Working Group B Devices) of the DoD Advisory Group on (Microelectronics) of the DoD Advisory Electron Devices (AGED) announces a AGENCY: Department of Defense. Group on Electron Devices (AGED) closed session meeting. ACTION: Notice of Meeting. announces a change to a closed session meeting. DATES: The meeting will be held at 0900, Tuesday, March 14, 2000. SUMMARY: The Department of Defense DATES: The meeting will be held at ADDRESSES: The meeting will be held at (DoD) announces a meeting of the 0900, Thursday, March 16, 2000. Defense Partnership Council. Notice of Room 2, 14th fl. Rosslyn Plaza North, this meeting is required under the ADDRESSES: The meeting will be held 1777 N. Kent Street, Rosslyn, VA 22209. Federal Advisory Committee Act. This Palisades Instiute for Research Services, FOR FURTHER INFORMATION CONTACT: meeting is open to the public. The 1745 Jefferson Davis Highway, Suite David Cox, AGED Secretariat, 1745 agenda will include a discussion of the 500, Arlington, VA 22202. Jefferson Davis Highway, Crystal Square Defense Labor-Management Relations FOR FURTHER INFORMATION CONTACT: Four, Suite 500, Arlington, Virginia Evaluation Project next steps, a Elise Rabin, AGED Secretariat, 1745 22202. partnership presentation by Fort Jefferson Davis Highway, Crystal Square Jackson, NFFE Local 1214 and AFGE SUPPLEMENTARY INFORMATION: The Four, Suite 500, Arlington, Virginia Local 1909, and other related mission of the Advisory Group is to 22202. Partnership topics. provide advice to the Under Secretary of Defense for Acquisition and DATES: The meeting is to be held March SUPPLEMENTARY INFORMATION: The Technology, to the Director of Defense 22, 2000, in room 1E801, Conference mission of the Advisory Group is to Research and Engineering (DDR&E), and Room 7, the Pentagon, from 1:00 p.m. provide advice to the Under Secretary of through the DDR&E to the Director, until 3:00 p.m. Comments should be Acquisition and Technology, to the Defense Advanced Research Projects received by March 15, 2000, in order to Director Defense Research and Agency (ARPA) and the Military be considered at the March 22 meeting. Engineering (DDR&E), and through the DDR&E, to the Director Defense Departments in planning and managing ADDRESSES: We invite interested Advanced Research Projects Agency and an effective and economical research persons and organizations to submit and development program in the area of written comments or recommendations. the Military Departments in planning and managing an effective research and electron devices. Mail or deliver your comments or The Working Group A meeting will be recommendations to Mr. Kenneth development program in the field of electron devices. limited to review of research and Oprisko at the address shown below. development programs which the Seating is limited and available on a The Working Group B meeting will be Military Departments propose to initiate first-come, first-serve basis. Individuals limited to review of research and with industry, universities or in their wishing to attend who do not possess an development programs which the laboratories. This microwave device appropriate Pentagon building pass military proposes to initiate with area includes programs on should call the below listed telephone industry, universities or in their developments and research related to number to obtain instructions for entry laboratories. The microelectronics area microwave tubes, solid state microwave into the Pentagon. Handicapped includes such programs on devices, electronic warfare devices, individuals wishing to attend should semiconductor materials, integrated millimeter wave devices, and passive also call the below listed telephone circuits, charge coupled devices and devices. The review will include details number to obtain appropriate memories. The review will include of classified defense programs accommodations. classified program details throughout. throughout. FOR FURTHER INFORMATION CONTACT: Mr. In accordance with Section 10(d) of In accordance with Section 19(d) of Kenneth Oprisko, Chief, Labor Relations Pub. L. No. 92–463, as amended, (5 Pub. L. 92–463, as amended, (5 U.S.C. Branch, Field Advisory Services U.S.C. App. § 10(d) (1994)), it has been App. 10(d) (1994)), it has been Division, Defense Civilian Personnel determined that this Advisory Group determined that this Advisory Group Management Service, 1400 Key Blvd, meeting concerns matters listed in 5 meeting concerns matters listed in 5 Suite B–200, Arlington, Virginia 22209– U.S.C. § 552b(c)(1)(1994), and that U.S.C. 552b(c)(1) (1994), and that 5144, (703) 696–6301, select menu #3, accordingly, this meeting will be closed accordingly, this meeting will be closed ext. 704. to the public. to the public. Dated: February 16, 2000. Dated: February 16, 2000. Dated: February 16, 2000. L.M. Bynum, L.M. Bynum, L.M. Bynum, Alternate OSD Federal Register Liaison Alternate OSD Federal Register Liaison Alternate OSD Federal Register Liaison Officer, DoD. Officer, Department of Defense. Officer, Department of Defense. [FR Doc. 00–4284 Filed 2–23–00; 8:45 am] [FR Doc. 00–4287 Filed 2–23–00; 8:45 am] [FR Doc. 00–4288 Filed 2–23–00; 8:45 am] BILLING CODE 5001±10±M BILLING CODE 5001±10±M BILLING CODE 5001±10±M

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9255

DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE

Office of the Secretary of Defense Office of the Secretary of Defense Office of the Secretary

Meeting of the DOD Advisory Group on Meeting of the DOD Advisory Group on Defense Advisory Committee on Electron Devices Electron Devices Military Personnel Testing; Meeting ACTION: Notice. AGENCY: Department of Defense, AGENCY: Department of Defense, Advisory Group on Electron Devices. Advisory Group on Electron Devices. Pursuant to Public Law 92–463, ACTION: Notice. ACTION: Notice. notice is hereby given that a meeting of the Defense Advisory Committee on Military Personnel Testing is scheduled SUMMARY: The DoD Advisory Group on SUMMARY: Working Group C (Electro- to be held from 8:00 a.m. to 5:00 p.m. Electron Devices (AGED) announces a Optics) of the DoD Advisory Group on on March 30, 2000, and from 8:00 a.m. closed session meeting. Electron Devices (AGED) announces a closed session meeting. to 5:00 p.m. on March 31, 2000. The DATES: The meeting will be held at meeting will be held at The Inn at 0900, Wednesday, March 15, 2000. DATES: The meeting will be held at Opryland, 2401 Music Valley Drive, 0900, Tuesday, February 29, 2000. This Nashville, Tennessee 37214. The ADDRESSES: The meeting will be held at is a change to the meeting originally purpose of the meeting is to review Palisades Institute for Research schedule for February 24, 2000. planned changes and progress in Services, 1745 Jefferson Davis Highway, developing paper-and-pencil and Suite 500, Arlington, VA 22202. ADDRESSES: This meeting will be held at Palisades Institute for Research computerized enlistment tests and FOR FURTHER INFORMATION CONTACT: Mr. Services, 1745 Jefferson Davis Highway, renorming of the tests. Persons desiring Eliot Cohen, AGED Secretariat, 1745 Suite 500, Arlington, VA 22202. to make oral presentations or submit Jefferson Davis Highway, Crystal Square written statements for consideration at FOR FURTHER INFORMATION CONTACT: Four, Suite 500, Arlington, Virginia the Committee meeting must contact Dr. Elise Rabin, AGED Secretariat, 1745 Jane M. Arabian, Assistant Director, 22202. Jefferson Davis Highway, Crystal Square Accession Policy, Office of the Assistant SUPPLEMENTARY INFORMATION: The Four, Suite 500, Arlington, Virginia Secretary of Defense (Force Management mission of the Advisory Group is to 22202. Policy), Room 2B271, The Pentagon, provide advice to the Under Secretary of Washington, DC 20301–4000, telephone SUPPLEMENTARY INFORMATION: The Defense for Acquisition and (703) 697–9271, no later than March 6, mission of the Advisory Group is to 2000. Technology, to the Director of Defense provide advice to the Under Secretary of Research and Engineering (DDR&E), and Defense for Acquisition and Dated: February 16, 2000. through the DDR&E to the Director, Technology, to the director of Defense L.M. Bynum, Defense Advanced Research Projects Research and Engineering (DDR&E), and Alternate OSD Federal Register Liaison Agency and the Military Departments in through the DDR&E to the Director, Officer, DoD. planning and managing an effective and Defense Advanced Research Projects [FR Doc. 00–4285 Filed 2–23–00; 8:45 am] economical research and development Agency and the Military Departments in BILLING CODE 5001±10±M program in the area of electron devices. planning and managing an effective and economical research and development The AGED meeting will be limited to DEPARTMENT OF DEFENSE review of research and development program in the area of electron devices. programs which the Military The Working Group C meeting will be Office of the Secretary Departments propose to initiate with limited to review of research and industry, universities or in their development programs which the Privacy Act of 1974; System of laboratories. The agenda for this Military Departments propose to initiate Records with industry, universities or in their meeting will include programs on AGENCY: Office of the Secretary, DoD. laboratories. This opto-electronic device Radiation Hardened Devices, ACTION: Correction. Microwave Tubes, Displays and Lasers. area includes such programs as imaging The review will include details of device, infrared detectors and lasers. SUMMARY: The Office of the Secretary, classified defense programs throughout. The review will include details of DoD, is proposing to change the system classified defense programs throughout. In accordance with Section 10(d) of identifiers of two previously published Privacy Act systems of records notices. Pub. L. No. 92–463, as amended, (5 In accordance with Section 10(d) of The changes were published, but never U.S.C. App. 10(d) (1994)), it has been Pub. L. No. 92–463, as amended, (5 U.S.C. App. 10(d)(1994)), it has been incorporated into the notice. determined that this Advisory Group determined that this Advisory Group The Department of the Army notice meeting concerns matters listed in 5 meeting concerns matters listed in 5 A0340 JDMSS, entitled ‘HQDA U.S.C. 552(c)(1) (1994), and that U.S.C. 552b(c)(1)(1994), and that Correspondence and Control/Central accordingly, this meeting will be closed accordingly, this meeting will be closed Files System’ published on February 8, to the public. to the public. 2000, at 66 FR 6178, will now be known Dated: February 16, 2000. as ‘A0025 JDIM’, same title. Dated: February 16, 2000. The Defense Logistics Agency notice L.M. Bynum, L.M. Bynum, S200.30 DLA-M, entitled ‘Reserve Alternate, OSD Federal Register Liaison Alternate OSD Federal Register Liaison Affairs’, published on February 1, 2000, Officer, Department of Defense. Officer, Department of Defense. at 66 FR 4811, will now be known as [FR Doc. 00–4289 Filed 2–23–00; 8:45 am] [FR Doc. 00–4290 Filed 2–23–00; 8:45 am] ‘S200.30 CAI’, same title. BILLING CODE 5001±10±M BILLING CODE 5001±10±M EFFECTIVE DATE: February 24, 2000.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9256 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

FOR FURTHER INFORMATION CONTACT: Ms. DATES: Consideration will be given to all DEPARTMENT OF DEFENSE Jody Sinkler at (703) 607-2943. comments received by April 24, 2000. SUPPLEMENTARY INFORMATION: The Office ADDRESSES: Written comments and Defense Logistics Agency of the Secretary, DoD, is proposing to recommendations on the proposed Proposed Collection; Comment change the system identifiers of two information collection should be sent to Request previously published Privacy Act Commander, Defense Contract systems of records notices. Management Command, ATTN: Cdr AGENCY: Defense Logistics Agency, The Department of the Army notice Mark Feallock, DMCM–OI, 8725 John J. Defense Reutilization and Marketing A0340 JDMSS, entitled ‘HQDA Kingman Rd., Fort Belvoir, VA 22060– Service. Correspondence and Control/Central 6221. ACTION: Notice. Files System’ published on February 8, FOR FURTHER INFORMATION CONTACT: To 2000, at 66 FR 6178, will now be known request more information on this In compliance with Section as ‘A0025 JDIM’, same title. proposed information collection or to 3506(C)(2)(A) of the Paperwork The Defense Logistics Agency notice obtain a copy of the proposal and Reduction Act of 1995, the Defense S200.30 DLA-M, entitled ‘Reserve associated collection instruments, Logistics Agency, Defense Reutilization Affairs’, published on February 1, 2000, please write to the above address, or call and Marketing Service, announces the at 66 FR 4811, will now be known as DCMC, Flight Operations Safety and proposed reinstatement of a public ‘S200.30 CAI’, same title. Environment, at (703) 767–2444. information collection and seeks public The specific changes to the records comment on the provisions thereof. system being amended are set forth Title, Associated Form, and OMB Comments are invited on: (a) whether above. The proposed amendments are Number: Request for Government the proposed collection of information not within the purview of subsection (r) Approval for Aircrew Qualifications and is necessary for the proper performance of the Privacy Act of 1974, (5 U.S.C. Training, DD Form 2627, OMN NO. of the functions of the agency, including 552a), as amended, which requires the 0704–0347; Request for Approval of whether the information shall have submission of a new or altered system Contractor Flight Crewmember, DD practical utility; (b) the accuracy of the report. Form 2627, OMB NO. 0704–0347 (both forms have same OMB number). agency’s estimate of the burden of the Dated: February 16, 2000. Needs and Uses: The DD Form 2627 proposed information collection; (c) L.M. Bynum, is used to request qualification training ways to enhance the quality, utility, and Alternate OSD Federal Register Liaison for contractor crewmembers. The DD clarity of the information to be Officer, Department of Defense. Form 2628 requests approval for collected; and (d) ways to minimize the [FR Doc. 00–4291 Filed 2–23–00; 8:45 am] contractor personnel to function as a burden of the information collection on BILLING CODE 5001±10±F flight crewmember. respondents, including through the use Affected Public: Individuals; business of automated collection techniques or or other for profit; not-for-profit other forms of information technology. DEPARTMENT OF DEFENSE institutions; state, local or tribal DATES: Consideration will be given to all government. comments received by April 24, 2000. Defense Logistics Agency Annual Burden Hours: 7. ADDRESSES: Written comments and Proposed Collection; Comment Number of Respondents: 42. recommendations on the proposed Request Responses per Respondent: 2. information collection should be sent to Average Burden per Response: 5 Commander, Defense Reutilization and AGENCY: Defense Logistics Agency, minutes. Marketing Service, ATTN: Mr. Jim Defense Contract Management Frequency: On occasion. Jasper, 74 Washington Ave. N., Battle Command. SUPPLEMENTARY INFORMATION: Creek, MI 49017–3092. ACTION: Notice. Summary of Information Collection FOR FURTHER INFORMATION CONTACT: To request more information on this In compliance with Section The requirement to have government 3506(2)(A) of the Paperwork proposed information collection or to approval of contract flight crewmembers obtain a copy of the proposal and Reduction Act of 1995, the Defense is in Defense Logistics Agency Manual Logistics Agency, Defense Contract associated collection instruments, (DLAM) 8210.1, Contractor’s Ground please write to the above address, or call Management Command, announces the and Flight Operations, Vol 1, Chapter 6. proposed reinstatement of a public DRMS, Office of Quality, at (616) 961– The contractor provides a personal 7233. information collection and seeks public history and requests the government comment on the provisions thereof. Title, Associated Form, and OMB approve training in a particular type Number: Defense Reutilization and Comments are invited on: (a) whether government aircraft (Form 2627). The the proposed collection of information Marketing Service Customer Comment contractor certifies the crewmember has Card, OMB NO. 0704–0394. is necessary for the proper performance passed a flight evaluation and, with the Needs and Uses: The information of the functions of the agency, including Form 2628, requests approval for the collection requirement is necessary to whether the information shall have personnel to operate and fly government obtain customer rating and comments practical utility; (b) the accuracy of the aircraft. Without the approvals, the on the service of a Defense Reutilization agency’s estimate of the burden of the contractor cannot use their personnel as and Marketing store. proposed information collection; (c) requested. ways to enhance the quality, utility, and Affected Public: Individuals; business clarity of the information to be Dated: February 16, 2000. or other for profit; not-for-profit collected; and (d) ways to minimize the L.M. Bynum, institutions; state, local or tribal burden of the information collection on Alternate OSD Federal Register Liaison government. respondents, including through the use Officer, Department of Defense. Annual Burden Hours: 200. of automated collection techniques or [FR Doc. 00–4282 Filed 2–23–00; 8:45 am] Number of Respondents: 800. other forms of information technology. BILLING CODE 5001±10±M Responses per Respondent: 1.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9257

Average Burden per Response: 15 DEPARTMENT OF ENERGY Idaho. This new hearing has been minutes. publicized in the local media. Frequency: On occasion. Idaho High-Level Waste and Facilities DATES: The public is invited to submit Supplementary Information: Disposition Draft Environmental Impact Statement written and oral comments at the public Summary of Information Collection hearings shown below. The hearing in Respondents are customers who AGENCY: U.S. Department of Energy. Fort Hall, Idaho will be held at the Fort obtain, or visit a store to obtain, surplus ACTION: Extension of Comment Period Hall Tribal Business Center on March 2, or excess property. The customer and Additional Public Hearing. 2000, at 6:00 p.m. The location of the comment card is a means for customers Boise, Idaho, meeting has been changed to rate and comment on aspects of the SUMMARY: In response to the public’s to the Doubletree Riverside, 2900 store’s appearance, as an agent for request, the Department of Energy (DOE) Chinden Blvd., Boise, Idaho 83714. service improvement and determining announces the extension of the public Meetings will include overview whether there is a systemic problem. comment period for the Idaho High- presentations, a question and answer Level Waste and Facilities Disposition session, and an oral comment session. Dated: February 16, 2000. Draft Environmental Impact Statement To schedule a time to submit oral L.M. Bynum, (EIS) to April 19, 2000, an additional 30 comments during the hearings, please Alternate OSD Federal Register Liaison days. This will result in a comment call 1–888–918–5100. Persons wishing Officer, Department of Defense. period totaling 90 days. DOE also to provide oral comments who have not [FR Doc. 00–4283 Filed 2–23–00; 8:45 am] announces that an additional public registered in advance may register at the BILLING CODE 5001±10±M hearing has been added in Fort Hall, hearings.

SCHEDULE OF PUBLIC HEARINGS

Cities Dates Meeting times Meeting locations

Idaho Falls, ID ...... Monday, February 7, 2000 ...... 7 p.m...... Shilo Inn. Pocatello, ID ...... Tuesday, February 8, 2000 ...... 6 p.m...... Idaho State University. Jackson, WY ...... Wednesday, February 9, 2000 ...... 6 p.m...... Snow King Lodge. Twin Falls, ID ...... Tuesday, February 15, 2000 ...... 6 p.m...... College of Southern Idaho, Taylor Bldg. Boise, ID ...... Thursday, February 17, 2000 ...... 6 p.m...... Doubletree Riverside. Portland, OR ...... Tuesday, February 22, 2000 ...... 6 p.m...... Doubletree Lloyd Center. Pasco, WA ...... Thursday, February 24, 2000 ...... 6 p.m...... Doubletree Pasco. Fort Hall, ID ...... Thursday, March 2, 2000 ...... 6 p.m...... Tribal Business Center. * There will be a 1-hour open house prior to the start of each meeting.

ADDRESSES: Other options for announced a 60-day public comment DEPARTMENT OF ENERGY submitting comments on the Draft EIS period ending March 20, 2000. Copies of are as follows: the Draft EIS have been provided to Bonneville Power Administration • Comments may be mailed to: Federal, state, tribal, and local Thomas L. Wichmann, U.S. Department government agencies and other Tanner Tap to Snoqualmie-Lake of Energy, Idaho Operations Office, 850 interested parties. The Draft EIS is Tradition No.1 115±kV Transmission Line Energy Drive, MS 1108, Idaho Falls, available on the Internet via the DOE Idaho 83401–1563, Attn: EIS Public National Environmental Policy Act AGENCY: Bonneville Power Comment. website at http://tis.eh.doe.gov/nepa/ • Administration (BPA), Department of Comments may be transmitted by docs/docs.htm. In addition, the Draft Energy (DOE). facsimile to: 1–208–526–1184. EIS is available at 20 public reading ACTION: • Comments may be submitted over Notice of Floodplain and rooms across the country and may be Wetlands Involvement. the Internet at: http://www.jason.com/ requested by calling 1–888–918–5100. hlwfdeis. SUMMARY: This notice announces BPA’s DOE will consider all comments References used in the preparation of proposal to site a new 115,000-volt transmitted or postmarked by April 19, the Draft EIS are available for review at (115–kV) transmission line across a 2000. Comments submitted after this the EIS Project Office at DOE Idaho, 785 number of wetlands and a floodplain. date will be considered to the extent DOE Place, Idaho Falls, Idaho. The line will be constructed in central practicable. DOE is extending the public comment King County, Washington, to provide FOR FURTHER INFORMATION CONTACT: period for the Draft EIS to April 19, Tanner Electric Cooperative (Tanner), Thomas L. Wichmann, U.S. Department 2000, an additional 30 days. This will one of BPA’s full requirements of Energy, Idaho Operations Office, at result in a comment period totaling 90 customers, a new point of delivery at (208) 526–0535; or Ann Dold, State of days. At the Shoshone-Bannock Tribe’s Tanner’s proposed substation in the City Idaho Department of Environmental request, DOE also is adding a public of North Bend. The action is necessary Quality, at (208) 528–2600. hearing at Fort Hall, Idaho on March 2, to allow Tanner to meet their existing SUPPLEMENTARY INFORMATION: 2000, which has been publicized in the and future loads in the North Bend area. local media. The effect on the public will be the Background construction and operation of a new 4.5- On January 21, 2000, the DOE Mark W. Frei, mile-long transmission line where no published a Notice of Availability (65 Deputy Assistant Secretary for Project transmission line has existed before. In FR 3432) of its Idaho High-level Waste Completion, Environmental Management. accordance with DOE regulations for and Facilities Disposition Draft [FR Doc. 00–4345 Filed 2–23–00; 8:45 am] compliance with floodplain and Environmental Impact Statement and BILLING CODE 6450±01±P wetlands environmental review

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9258 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices requirements, BPA will prepare a Issued in Portland, Oregon, on February DOE Hydrogen Program, (2) analysis of floodplain and wetlands assessment and 15, 2000. novel hydrogen systems not currently would perform this proposed action in James M. Kehoe, being researched in the Program, (3) a manner so as to avoid or minimize Manager, Policy and Strategic Planning. assistance in disseminating hydogen- potential harm to or within the affected [FR Doc. 00–4344 Filed 2–23–00; 8:45 am] related information to the public and floodplain and wetlands. After BPA BILLING CODE 6450±01±P industry, and (4) technical analysis on issues the assessment, a floodplain matters affecting hydrogen-related statement of findings will be published issues being considered by the in the Federal Register. DEPARTMENT OF ENERGY International Energy Agency. It is anticipated that projects may be DATES: Comments are due to the address Office of Energy Efficiency and selected for initial 12-month awards below no later than March 10, 2000. Renewable Energy with possible continuations for up to two additional years. DOE is proposing ADDRESSES: Submit comments to Supplemental Announcement Number to undertake this effort under the Communications, Bonneville Power 02, Hydrogen Technical Analysis, to Hydrogen Future Act of 1996, Public Administration—KC–7, P.O. Box 12999, the Broad Based Solicitation (DE± Law 104–271. Awards, if any, will result Portland, Oregon, 97212. Internet PS36±00GO10482) for Submission of from a merit review process applied to address: [email protected]. Financial Assistance Applications the applications. FOR FURTHER INFORMATION CONTACT: Involving Research, Development and Demonstration DATES: Applications should be Gene Lynard, Environmental Project submitted as described in the Lead , KECN–4, Bonneville Power AGENCY: The Department of Energy Supplemental Announcement by March Administration, P.O. Box 3621, (DOE). 31, 2000. Portland, Oregon, 97208–3621, phone ACTION: Request for applications for FOR FURTHER INFORMATION, CONTACT: number 503–230–3790, fax number technical analysis efforts in support of U.S. Department of Energy, Golden 503–230–5699. the DOE Hydrogen Program. Field Office, 1617 Cole Boulevard, SUPPLEMENTARY INFORMATION: Golden, CO 80401. The Contract Wetlands SUMMARY: The DOE Office of Power Specialist is Beth H. Peterman, at in the project area are primarily Technologies is funding a competitive facsimile (303) 275–4788, or e-mail at associated with the floodplains of the financial assistance program in support [email protected]. The Snoqualmie River and its tributaries. of the DOE Hydrogen Program. Supplemental Announcement can be The proposed transmission line route Applications are requested under a DOE would cross a number of small Broad Based Solicitation that is obtained from the GFO website at wetlands, which support no unique anticipated to result in the award of one www.eren.doe.gov/golden/ flora or fauna. Most wetlands crossed or more cooperative agreements in solicitations.html as of February 22, are narrow and would be spanned Fiscal Year 2000. 2000. where practical. Impacts would be Issued in Golden, Colorado, on February primarily related to the removal of trees, Background Information 15, 2000. which would threaten transmission line The Office of Power Technologies Mary Hartford, safety from wetlands and associated (OPT) of the DOE Office of Energy Contracting Officer, GO. buffers. The largest wetland area crossed Efficiency and Renewable Energy [FR Doc. 00–4347 Filed 2–23–00; 8:45 am] (EERE) is supporting the issuance of a is located about one mile northwest of BILLING CODE 6450±01±P the City of North Bend along North Supplemental Announcement to the Bend Way in Section 5, 23N, 8E. This EERE Broad Based Solicitation for is a large diverse wetland associated Submission of Financial Assistance DEPARTMENT OF ENERGY with Kimball Creek. The proposed Applications Involving Research, transmission line alignment bisects this Development and Demonstration, DE– Federal Energy Regulatory Pulustrian scrub/shrub and forested PS36–00GO10482. The Broad Based Commission Solicitation contains information that wetland for a distance of about 0.8 [Docket No. EL00±46±000] kilometers (0.5 miles). The project must be used in conjunction with the would be located within the North Bend Supplemental Announcement when Entergy Power Marketing Corporation Way right-of-way (at this location) and applying for an award. Thus, in order to v. Southwest Power Pool; Notice of no structures would be placed within prepare a complete application, it is Complaint the wetland; however, the transmission mandatory to comply with the line would be located within the 50-foot requirements of the overall Broad Based February 17, 2000. buffer of this sensitive area. Solicitation document, DE–PS36– Take notice that on February 16, 2000, 00GO10482 (found on the Golden Field Entergy Power Marketing Corporation Wetlands could be affected if Office Home Page at http:// tendered for filing a complaint against construction activities alter wetland www.eren.doe.gov/golden/ the Southwest Power Pool (SPP) vegetation, soils or hydrology. solicitations.html) as well as the alleging violations of the SPP’s Open Construction and clearing activities and requirements of the Supplemental Access Transmission Tariff. any necessary road improvements could Announcement 02 document. Any person desiring to be heard or to also potentially affect sediment Under this Supplemental protest this filing should file a motion transport, damage vegetation and Announcement, DOE is seeking to intervene or protest with the Federal wildlife habitat, and reduce a wetland’s applications for technical analysis that Regulatory Commission, 888 First ability to provide for flood and sediment can advance hydrogen production, Street, NE, Washington, DC 20426, in control. storage, and utilization technologies. accordance with Rules 211 and 214 of Maps and further information are The objectives are to provide analysis in the Commission’s Rules of Practice and available from BPA at the address the following areas: (1) Technical Procedure (18 CFR 385.211 and above. analysis of projects now funded by the 385.214). All such motions or protests

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9259 must be filed on or before March 7, the gathering facilities by Koch Gateway the Natural Gas Act (NGA) for a 2000. Protests will be considered by the is no longer justified as a part of Koch certificate of public convenience and Commission in determining the Gateway’s interstate pipeline system. necessity authorizing the construction appropriate action to be taken, but will Koch Gateway avers that these facilities of a pipeline expansion project on its not serve to make protestants parties to are no longer part of Koch Gateway’s Sedalia Line and its Ottawa Crossover the proceeding. Any person wishing to core pipeline assets, and Koch Gateway facilities. The details of Williams become a party must file a motion to currently has no plans to expand its Central’s proposal are more fully set intervene. Copies of this filing are on natural gas gathering services in the forth in the application which is on file file with the Commission and are Henderson and Willow Springs areas. with the Commission and open to available for public inspection in the Koch Gateway states that upon approval public inspection. This application may Public Reference Room. This filing may of the requested abandonment, and the also be viewed on the Internet at http:/ also be viewed on the Internet at http:/ closing of the sale of the gathering /www.ferc.fed.us/online/rims.htm (call /www.ferc.fed.us/online/rims.htm (call facilities, the facilities that will be 202–208–2222 for assistance). Any 202–208–2222) for assistance. Answers interconnected with the existing questions regarding this application to the complaint shall also be due on or intrastate pipeline system of Midstream should be directed to Bart Wherritt, before March 7, 2000. Koch Gateway states that all of Koch Manager, Certificates & Tariffs at (918) Gateway’s customers who have utilized 573–4369, or at Williams Gas Pipelines David P. Boergers, the gathering facilities between and Central, Inc., P.O. Box 3288, Tulsa, Secretary. including January 1999 and December Oklahoma 74101. [FR Doc. 00–4325 Filed 2–23–00; 8:45 am] 1999 has accepted an equivalent offer Williams Central proposes to BILLING CODE 6717±01±M from the parties and has consented to construct about 1.5 miles of 24-inch the proposed abandonment. The contact pipeline and related facilities between person for this filing is Kyle Stephens, the Ottawa Crossover and the Ottawa DEPARTMENT OF ENERGY Director of Certificates, Koch Gateway Compressor Station. They also propose Pipeline Company, PO Box 1478, to upgrade of two existing compressor Federal Energy Regulatory units on its Sedalia Line at the Peculiar Commission Houston, Texas, 77251–1478, (713) 544– 7309. Compressor Station from 1,350 [Docket No. CP00±89±000] Any person or the Commission’s staff horsepower each to 2,000 horsepower may, within 45 days after issuance of each, and install new ISO rated 1,590 Koch Gateway Pipeline Company; the instant notice by the Commission, horsepower turbine set at the Peculiar Notice of Request Under Blanket file pursuant to Rule 214 of the Compressor Station. Finally, they Authorization Commission’s Procedural Rules (18 CFR propose to convert an 800 horsepower compressor unit at Concordia February 17, 2000. 385.214) a motion to intervene or notice of intervention and pursuant to Section Compressor Station from Natural Gas Take notice that on February 11, 2000, Policy Act (NGPA) Section 311 Koch Gateway Pipeline Company (Koch 157.205 of the Regulations under the Natural Gas Act (18 CFR 157.205) a authorization to NGA Section 7(c) Gateway), PO Box 1478, Houston, Texas authorization. 77251–1478, filed in Docket No. CP00– protest to the request. If no protest is filed within the time allowed therefor, Williams Central says that the 89–000 a request pursuant to Sections additional facilities will allow them to 157.205 and 157.216 of the the proposed activity shall be deemed to be authorized effective the day after the provide incremental firm transportation Commission’s Regulations under the service to two customers of its East of time allowed for filing a protest. if a Natural Gas Act (18 CFR 157.205, Ottawa/Sedalia Line system (UtiliCorp protest is filed and not withdrawn 157.216) for authorization to abandon in United, Inc. (UtiliCorp); and U.S. Energy within 30 days after the time allowed place by sale to Koch Midstream Services, as agent for Tyson Foods, Inc.). for filing a protest, the instant request Services Company (Midstream), a Texas The new service provided will support shall be treated as an application for intrastate pipeline company, various growing LDC requirements, industrial authorization pursuant to Section 7 of natural gas gathering pipelines and needs and most significantly, the new the Natural Gas Act. associated compression, taps, laterals, Pleasant Hill power plant that will be metering stations, and appurtenant David P. Boergers, constructed in Cass County, Missouri. facilities, under Koch Gateway’s blanket Secretary. The cost to construct the Ottawa certificate issued in Docket No. CP82– [FR Doc. 00–4322 Filed 2–23–00; 8:45 am] pipeline, upgrade the two existing 430, pursuant to Section 7 of the Natural BILLING CODE 6717±01±M compressor units, and install the new Gas Act, all as more fully set forth in the Solar turbine at the Peculiar station is request that is on file with the estimated to be about $9.7 million. The Commission and open to public DEPARTMENT OF ENERGY cost associated with the conversion of inspection. This filing may be viewed the 800 horsepower compressor unit at on the web at http://www.ferc.fed.us/ Federal Energy Regulatory Concordia station is $2.3 million, for a online/rims.htm (call 202–208–2222 for Commission total project cost of $13.0 million. assistance). Williams Central says that beginning Koch Gateway states that these [Docket No. CP00±82±000] on June 1, 2001, they will provide gathering facilities are located in the Williams Gas Pipelines Central, Inc.; 35,000 Dth/d of firm service year-round east Texas counties of Rusk and Gregg Notice of Application to UtiliCorp in both the production and and are classified and functionalized as market areas for four years. During the natural gas gathering and operate as February 17, 2000. initial four year term, for the 35,000 gathering laterals connecting producing Take notice that on February 8, 2000, Dth/d amount, Williams Central and wells in the Henderson and Willow Williams Gas Pipelines Central, Inc. UtiliCorp have agreed that the Springs producing areas to Koch (Williams Central), P.O. Box 3288, reservation rate paid by UtiliCorp will Gateway. Koch Gateway states the Tulsa, Oklahoma, 74101, filed an not exceed the maximum reservation continued operation and maintenance of application pursuant to Section 7(c) of rate in effect on October 31, 1999. The

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9260 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices primary delivery point for this 35,000 require that protestors provide copies of advised, it will be unnecessary for Dth/d will be at the interconnection of their protests to the party or person to Williams Central to appear or be Williams Central’s facilities and a 7.7 whom the protests are directed. Any represented at the hearing. mile non-jurisdictional lateral pipeline person wishing to become a party to a to be constructed by UtiliCorp from the proceeding or to participate as a party David P. Boergers, Pleasant Hill power plant. Williams in any hearing therein must file a Secretary. Central will also provide to UtiliCorp motion to intervene in accordance with [FR Doc. 00–4324 Filed 2–23–00; 8:45 am] 16,000 Dth/d of firm service during the the Commission’s Rules. BILLING CODE 6717±01±M summer months only for use at the A person obtaining intervenor status Pleasant Hill plant for four years. The will be placed on the service list balance of the 86,000 Dth/d Pleasant maintained by the Secretary of the DEPARTMENT OF ENERGY Hill requirement during the summer Commission and will receive copies of Federal Energy Regulatory months will be provided through all documents issued by the Commission capacity release arrangements between Commission, filed by the applicant, of UtiliCorp and other third parties that filed by all other intervenors. An [Docket No. EC00±53±000, et al.] Williams Central says they will help to intervenor can file for rehearing of any arrange. Commission order and can petition for Black River Limited Partnership, et al. Williams Central will also provide court review of any such order. Electric Rate and Corporate Regulation 7,000 Dth/d of firm service under NGPA However, an intervenor must serve Filings Section 311 to UtiliCorp during the copies of comments or any other filing winter months (October through March) it makes with the Commission to every February 16, 2000. with the primary delivery points at other intervenor in the proceeding, as Take notice that the following filings various existing town borders on the well as filing an original and 14 copies have been made with the Commission: East of Ottawa/Sedalia Line system. with the Commission. 1. Black River Limited Partnership Williams Central will also provide 2,200 A person does not have to intervene, [Docket No. EC00–53–000] Dth/d of incremental firm service to however, in order to have comments U.S. Energy/Tyson Foods in the considered. A person, instead, may Take notice that on February 16, 2000, production and market area for five submit two copies of such comments to pursuant to Section 203 of the Federal years, with the market area primary the Secretary of the Commission. Power Act (FPA), 16 U.S.C. § 824b delivery point located at the Sedalia Commenters will be placed on the (1998) and Part 33 of the Regulations of town border on the Sedalia system. Commission’s environmental mailing the Federal Energy Regulatory William Central also requests list, will receive copies of Commission (Commission), 18 CFR 33 approval to rolled-in the costs of the environmental documents, and will be et seq., Black River Limited Partnership proposed new, converted, and upgraded able to participate in meetings (BRLP) filed a supplement to its facilities with existing their facilities’ associated with the Commission’s ‘‘Application for Approval of costs in their next general rate case. environmental review process. Disposition of Jurisdictional Facilities,’’ Williams Central says that impact of Commenters will not be required to filed on January 31, 2000 (January 31st such rolled-in treatment will be a serve copies of filed documents on all Application) in the above-referenced decrease in their 100% load factor rates other parties. However, commenters proceeding. The supplement to the for firm transportation across both their will not receive copies of all documents January 31st Application is being Production and Market areas from filed by other parties or issued by the submitted for purposes of providing $0.3065 per Dth currently to $0.2992 per Commission, and will not have the right certain agreements pursuant to which Dth after the proposed roll-in, a to seek rehearing or appeal the BRLP will enter into the sale and lease decrease of about 2.4%. They say that Commission’s final order to a Federal transactions with respect to the Fort this meets the Commission’s ‘‘threshold court. The Commission will consider all Drum Project. requirement’’ that there be no financial comments and concerns equally, BRLP also has requested that the subsidies from existing capacity holders whether filed by commenters or those Commission find that it will no longer on the pipeline, as set forth in the requesting intervenor status. be deemed to be a ‘‘public utility’’ as Commission’s Statement of Policy on Take further notice that, pursuant to such term is defined under Section 201 the Certification of New Interstate the authority contained in the subject to of the FPA upon consummation of the Natural Gas Pipeline Facilities, issued the jurisdiction conferred upon the sale and lease transactions. BRLP has in Docket No. PL99–3–000. Federal Energy Regulatory Commission requested a shortened notice period and Any person desiring to be heard or by Sections 7 and 15 of the NGA and the expedited consideration of the making any protest the reference to said Commission’s Rules of Practice and application. application should on or before March Procedure, a hearing will be held Comment date: February 28, 2000, in 9, 2000, file with the Federal Energy without further notice before the accordance with Standard Paragraph E Regulatory Commission, 888 First Commission or its designee on these at the end of this notice. Street, NE, Washington, DC 20426, a applications if no motion to intervene is 2. Baltimore Gas and Electric Company, motion to intervene or a protest in filed within the time required herein, if Calvert Cliffs, Inc., Constellation accordance with the requirements of the the Commission on its own review of Generation, Inc. and Constellation Commissions’ Rules of Practice and the matter finds that a grant of the Power Source, Inc. Procedure (18 CFR 385.214 or 385.211) certificate is required by the public and the Regulations under the Natural convenience and necessity. If a motion [Docket No. EC00–57–000] Gas Act (18 CFR 157.10). All protests for leave to intervene is timely filed, or Take notice that on February 11, 2000, filed with the Commission will be if the Commission on its own motion Baltimore Gas and Electric Company, considered by it in determining the believes that a formal hearing is Calvert Cliffs, Inc., Constellation appropriate action to taken but will not required, further notice of such hearing Generation, Inc., and Constellation serve to make the protestants parties to will be duly given. Under the procedure Power Source, Inc. (collectively Joint the proceeding. The Commission’s rules herein provided for, unless otherwise Applicants) submitted for filing,

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9261 pursuant to Section 205 of the Federal Operator, Inc. filed in response to a Electric Rate Schedule No. 1 specifying Power Act, and Part 35 of the portion of the Commission’s Order the ancillary services it may sell at Commission’s regulations (18 CFR Part issued January 14, 2000, 90 FERC ¶ market-based rates within the California 35), an Application for authorization to 61,045 (2000) (January 14 order). ISO control area. This filing is a make sales at market-based rates, for Comment date: March 3, 2000, in requirement imposed by the certain waivers and blanket accordance with Standard Paragraph E Commission in its order approving authorizations, for cancellation of code at the end of this notice. SPEC’s request for market rate authority. of conduct, and for acceptance of Comment date: March 2, 2000, in 7. Central Hudson Gas & Electric interconnection agreements. accordance with Standard Paragraph E Corporation, Consolidated Edison Comment date: March 13, 2000, in at the end of this notice. accordance with Standard Paragraph E Company of New York, Inc., Long at the end of this notice. Island Light Company, New York State 11. New York Independent System Electric & Gas Corporation, Niagara Operator, Inc., Central Hudson Gas & 3. Kansas City Power & Light Company Mohawk Power Corporation, Power Electric Corporation, Consolidated [Docket No. ER94–1045–000] Authority of the State of New York, Edison Company of New York, Inc., Take notice that on February 10, 2000, Orange and Rockland Utilities, Inc. and Long Island Light Company, New York Kansas City Power & Light Company Rochester Gas and Electric Corporation State Electric & Gas Corporation, (KCP&L) informed the Commission that [Docket Nos. ER97–1523–029, OA97–470– Niagara Mohawk Power Corporation, it was rescinding a previously imposed 027 ER97–4234–025, (not consolidated)] Power Authority of the State of New York, Orange and Rockland Utilities, prohibition on sales to Western Take notice that on February 11, 2000, Inc., and Rochester Gas and Electric Resources, Inc. under its filed market the Members of the Transmission Corporation based tariff. KCP&L states that it has Owners Committee of New York State, terminated its merger agreement with formerly known as the Member Systems [Docket No. ER00–550–002] Western Resources and thus will no of the New York Power Pool (Member Take notice that on February 11, 2000, longer treat Western Resources as an Systems), tendered for filing certain the Members of the Transmission affiliate under its market-based tariff. revised tariff sheets to their ISO Open Owners Committee of New York State, Comment date: March 2, 2000, in Access Transmission Tariff and ISO formerly known as the Member Systems accordance with Standard Paragraph E Services Tariff. The Member Systems of the New York Power Pool (Member at the end of this notice. state that these tariff sheets are in Systems), and the New York 4. EnergyOnline, Inc., First Power, compliance with the Commission’s Independent System Operator, Inc. L.L.C. and Merrill Lynch Capital January 14, 2000 order in this (NYISO) tendered for filing certain Services, Inc. proceeding. Central Hudson Gas & revised tariff sheets to the ISO Open Electric Corp., et al., 90 FERC ¶ 61,045 Access Transmission Tariff. The [Docket Nos. ER96–138–009, ER97–3580–010 (2000). The Member Systems request and ER97–830–006] Member Systems and the NYISO state that the above-referenced tariff sheets that these tariff sheets are in compliance Take notice that on February 11, 2000, become effective on November 18, 1999. with the Commission’s January 12, 2000 the above-mentioned power marketers A copy of this filing was served upon order in this proceeding. New York filed quarterly reports with the all persons on the Commission’s official Independent System Operator, Inc. et Commission in the above-mentioned service lists in the captioned al., 90 FERC ¶ 61,015 (2000). proceedings for information only. proceeding, and the respective electric The Member Systems and the NYISO 5. New York Independent System utility regulatory agencies in New York, request that the above-referenced tariff Operator, Inc. New Jersey and Pennsylvania. sheets become effective on November Comment date: March 3, 2000, in [Docket Nos. ER97–1523–027, OA97–470– 18, 1999. 025 and ER97–4234–023] accordance with Standard Paragraph E A copy of this filing was served upon at the end of this notice. Take notice that on February 11, 2000, all persons on the Commission’s official the New York Independent System 8. Pepco Services, Inc. service list in the captioned proceeding, and the respective electric utility Operator, Inc. (NYISO) made a [Docket No. ER98–3096–006] compliance filing with respect to regulatory agencies in New York, New whether Hydro-Quebec’s (HQ) DC Take notice that on January 31, 2000, Jersey and Pennsylvania. intertie may permit HQ to provide Pepco Services filed their quarterly Comment date: March 3, 2000, in voltage support in the New York Control report for the quarter ending December accordance with Standard Paragraph E Area. 31, 1999, for information only. at the end of this notice. Copies of this filing were served on 9. AI Energy, Inc. and Morgan Stanley 12. PJM Interconnection, L.L.C. the Commission’s Service List in Docket Capital Group Inc. No. ER97–1523–000 et al., and on the [Docket No. ER00–941–000] respective electric utility regulatory [Docket Nos. ER98–3164–006 and ER94– Take notice that on February 8, 2000, 1384–028] agencies in New York, New Jersey and PJM Interconnection, L.L.C. Pennsylvania. Take notice that on February 10, 2000, supplemented its filing in this docket to Comment date: March 3, 2000, in the above-mentioned power marketers more clearly set forth the method by accordance with Standard Paragraph E filed quarterly reports with the which Interconnection Customers that at the end of this notice. Commission in the above-mentioned have cost responsibility for the proceedings for information only. construction of transmission facilities or 6. New York Independent System 10. Sierra Pacific Energy Company upgrades necessary to accommodate Operator, Inc. their Interconnection Requests will be [Docket Nos. ER97–1523–028, OA97–470– [Docket No. ER00–500–001] allocated Incremental Fixed 026 and ER97–4234–924] Take notice that on February 10, 2000, Transmission Rights. Take notice that on February 11, 2000, Sierra Pacific Energy Company (SPEC) PJM requests an effective date of April the New York Independent System tendered for filing a revision to its FERC 9, 2000.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9262 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Copies of this filing were served upon forth in the separate Settlement The NEPOOL Participants Committee all PJM Members, the electric regulatory Agreement and Statement of Consents states that copies of these materials were commissions in the PJM control area, between each customer and MPC. sent to all participants in the New and all parties to this proceeding. Copies of the filing were provided to England Power Pool, the New England Comment date: February 29, 2000, in each of the customers under the Tariff, state governors and regulatory accordance with Standard Paragraph E to the Mississippi Public Service commissions. at the end of this notice. Commission, and to the Mississippi Comment date: March 3, 2000, in Public Utilities Staff. accordance with Standard Paragraph E 13. Bangor Hydro-Electric Company Comment date: February 29, 2000, in at the end of this notice. [Docket No. ER00–988–000] accordance with Standard Paragraph E 19. Montaup Electric Company Take notice that on February 11, 2000, at the end of this notice. [Docket No.ER00–1556–000] Bangor Hydro-Electric Company 16. Niagara Mohawk Power Take notice that on February 8, 2000, (Bangor Hydro), tendered for filing an Corporation and Potomac Electric Montaup Electric Company (Montaup), amendment to its December 30, 1999 Power Company tendered for filing a fully executed filing of long-term service agreement [Docket Nos. ER00–1590–000 and ER00– Service Agreement for Non-Firm Point- with Morgan Stanley Capital Group, 1596–000] To-Point Transmission Service (Service Inc., entered into pursuant to Bangor Take notice that on February 10, 2000 Agreement) between Montaup and H.Q. Hydro’s market-based rate authority. the above-mentioned affiliated power Energy Services (US), Inc. (HQ). Bangor Hydro requests an effective producers and/or public utilities filed Montaup requests a waiver of the 60 date of March 1, 2000 for the agreement. their quarterly reports for the quarter day notice requirement and requests an Comment date: March 3, 2000, in ending December 31, 1999. effective date of February 8, 2000, the accordance with Standard Paragraph E Comment date: March 7, 2000, in day on which it is being filed. at the end of this notice. accordance with Standard Paragraph E Comment date: February 29, 2000, in 14. Dynegy Power Marketing, Inc. at the end of this notice. accordance with Standard Paragraph E at the end of this notice. [Docket No. ER00–1109–000] 17. Baltimore Gas and Electric 20. California Independent System Take notice that on February 8, 2000, Company, Calvert Cliffs, Inc., Operator Corporation Dynegy Power Marketing, Inc., tendered Constellation Enterprises, Inc. and [Docket No. ER00–1576–000] Constellation Generation, Inc. for filing proposed changes in its FERC Take notice that the California Electric Service Tariff No. 1. [Docket No. ER00–1598–000] Independent System Operator The filing amends certain language Take notice that on February 11, 2000, Corporation, on February 8, 2000, contained in the revised market-based Baltimore Gas and Electric Company tendered for filing a Participating rate schedule dated January 14, 2000. (BGE), Calvert Cliffs, Inc. (CCI), Generator Agreement between the ISO Copies of the filing were served upon Constellation Enterprises, Inc. and and Fresno Cogeneration Partners, LP all persons designated on the official Constellation Generation, Inc. for acceptance by the Commission. service list compiled by the Secretary in (Constellation Generation) (collectively, The ISO states that this filing has been this proceeding. the Applicants) submitted for filing, served on Fresno Cogeneration Partners, Comment date: February 29, 2000, in pursuant to Section 203 of the Federal LP and the California Public Utilities accordance with Standard Paragraph E Power Act, and Part 33 of the Commission. at the end of this notice. Commission’s regulations, an The ISO is requesting waiver of the 15. Mississippi Power Company Application for authorization to transfer 60-day notice requirement to allow the certain jurisdictional transmission Participating Generator Agreement to be [Docket No. ER00–1575–000] facilities as part of the transfer of BGE’s made effective February 8, 2000. Take notice that on February 8, 2000, generating plants to its affiliates, Comment date: February 29, 2000, in Mississippi Power Company (MPC), Constellation Generation and CCI. accordance with Standard Paragraph E filed proposed changes to Rates Comment date: March 3, 2000, in at the end of this notice. Schedule MRA–18 of FERC Electric accordance with Standard Paragraph E Tariff, First Revised Volume No. 1 at the end of this notice. 21. PECO Energy Company (Tariff) of Mississippi Power Company. [Docket No. ER00–1577–000] 18. New England Power Pool The proposed changes will provide a Take notice that on February 8, 2000, rate decrease to all customers under the [Docket No. ER00–1599–000] PECO Energy Company (PECO), Tariff. In addition, the filing proposes to Take notice that on February 11, 2000, tendered for filing under Section 205 of revise the provisions of the Tariff for the New England Power Pool (NEPOOL) the Federal Power Act, 16 U.S.C. S 792 terminating service at any given Participants Committee submitted two et seq., an Agreement dated January 12, delivery point and provides for a revised Market Rules and Procedures 2000 with H.Q. Energy Services (U.S.) moratorium on unilateral changes in (the Market Rules), the proposed Inc. (HQUS) under PECO’s FERC rates under the Tariff until January 1, deletion of two other Market Rules and Electric Tariff Original Volume No. 1 2002. revisions and deletions of several (‘‘Tariff’’). MPC has requested an effective date relevant appendices to the Market PECO requests an effective date of of January 1, 2000. The filing also Rules, which collectively remove from January 12, 2000, for the Agreement. contains corresponding Settlement the Market Rules all mention of the PECO states that copies of this filing Agreement and Statement of Consents Operable Capability Market in have been supplied to H.Q. Energy for each of the customers served under accordance with NEPOOL’s proposed Services (U.S.) Inc. and to the the Tariff. elimination of that Market as set forth in Pennsylvania Public Utility The rate decrease is being filed as a the Fiftieth Agreement Amending Commission. result of agreements reached between Restated NEPOOL Agreement filed with Comment date: February 29, 2000, in each of the customers under the Tariff the Commission on December 30, 1999 accordance with Standard Paragraph E and MPC, which agreements are set in Docket No. ER00–985–000. at the end of this notice.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00026 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9263

22. California Independent System Cinergy requests an effective date of 28. Southern Company Services, Inc. Operator Corporation February 9, 2000, one day after filing, [Docket No.ER00–1608–000] for its Reservation Letter. [Docket No. ER00–1578–000] Take notice that on February 11, 2000, Cinergy states that it has served a Take notice that the California Southern Company Services, Inc. (SCS), copy of its filing upon the City of Piqua, acting on behalf of Alabama Power Independent System Operator Ohio. Corporation, on February 8, 2000, Company (APC), filed an Comment date: February 29, 2000, in tendered for filing a Meter Service Interconnection Agreement (IA) by and accordance with Standard Paragraph E Agreement for ISO Metered Entities between APC and Tenaska Alabama at the end of this notice. between the ISO and Fresno Partners, L.P. (Tenaska Alabama). The Cogeneration Partners, LP for 25. Arizona Public Service Company IA will interconnect Tenaska Alabama’s acceptance by the Commission. generating facility to be located near [Docket No. ER00–1581–000] Billingsley, Alabama in Autauga County The ISO states that this filing has been to APC’s electric system. served on Fresno Cogeneration Partners, Take notice that on February 8, 2000, Arizona Public Service Company, An effective date of February 14, 2000 LP and the California Public Utilities has been requested. Commission. tendered for filing Cancellation of Off Season Power Sale Agreement between Comment date: March 3, 2000, in The ISO is requesting waiver of the Arizona Public Service Company (APS accordance with Standard Paragraph E 60-day notice requirement to allow the or Company) and the City of Vernon at the end of this notice. Meter Service Agreement for ISO (Vernon) (APS-FERC Rate Schedule No. Metered Entities to be made effective Standard Paragraphs 228), effective date June 29, 1996 by E. Any person desiring to be heard or January 18, 2000. order dated May 30, 1996. Comment date: February 29, 2000, in to protest such filing should file a Effective date is at midnight April 30, motion to intervene or protest with the accordance with Standard Paragraph E 2000. at the end of this notice. Federal Energy Regulatory Commission, Comment date: February 29, 2000, in 888 First Street, N.E., Washington, D.C. 23. Public Service Company of accordance with Standard Paragraph E 20426, in accordance with Rules 211 Oklahoma at the end of this notice. and 214 of the Commission’s Rules of Practice and Procedure (18 CFR 385.211 [Docket No. ER00–1579–000] 26. Public Service Company of and 385.214). All such motions or Oklahoma Take notice that on February 8, 2000, protests should be filed on or before the Public Service Company of Oklahoma [Docket No. ER00–1582–000] comment date. Protests will be (PSO) tendered for filing Amendment Take notice that on February 8, 2000, considered by the Commission in No. 1 to the Contract for Electric Service determining the appropriate action to be (Contract) between PSO and Collinsville Public Service Company of Oklahoma (PSO) submitted for filing Amendment taken, but will not serve to make Municipal Authority, Collinsville, protestants parties to the proceeding. Oklahoma (Collinsville). Amendment No. 1 to the Contract for Electric Service (Contract) between PSO and Collinsville Any person wishing to become a party No.1 provides for a new point of must file a motion to intervene. Copies delivery. Municipal Authority, Collinsville, Oklahoma (Collinsville). Amendment of these filings are on file with the PSO requests an effective date of No. 1 provides for a new point of Commission and are available for public January 30, 2000 and, accordingly, seeks delivery. inspection. This filing may also be waiver of the Commission’s notice viewed on the Internet at http:// PSO requests an effective date of requirements. Copies of the filing have www.ferc.fed.us/ online/rims.htm (call January 30, 2000 and, accordingly, seeks been served on Collinsville and the 202–208–2222 for assistance). Oklahoma Corporation Commission. waiver of the Commission’s notice requirements. David P. Boergers, Comment date: February 29, 2000, in Secretary. accordance with Standard Paragraph E Copies of the filing have been served [FR Doc. 00–4353 Filed 2–23–00; 8:45 am] at the end of this notice. on Collinsville and the Oklahoma Corporation Commission. BILLING CODE 6717±01±P 24. Cinergy Services, Inc. Comment date: February 29, 2000, in [Docket No. ER00–1580–000] accordance with Standard Paragraph E at the end of this notice. DEPARTMENT OF ENERGY On February 8, 2000, Cinergy Services, Inc. (Cinergy), on behalf of its 27. PJM Interconnection, L.L.C. Federal Energy Regulatory Commission affiliated Operating Companies, The [Docket No. ER00–1607–000] Cincinnati Gas & Electric Company (CG&E) and PSI Energy, Inc. (PSI) Take notice that on February 11, 2000, Notice of Amendment of License and (collectively the Cinergy Operating PJM Interconnection, L.L.C. (PJM), Soliciting Comments, Motions To Companies), tendered for filing a tendered for filing 8 executed service Intervene, and Protests agreements for network integration Reservation Letter between Cinergy and February 17, 2000. the City of Piqua, Ohio (Piqua), which transmission service under state required retail access programs and for Take notice that the following specifies the understanding between the application has been filed with the Cinergy Operating Companies and Piqua point-to-point transmission service under the PJM Open Access Commission and is available for public concerning the manner in which service inspection. Transmission Tariff. previously contracted and reserved a. Type of Application: Amendment under CG&E’s Rate Schedule FERC No. Copies of this filing were served upon of license for the modification of license 48 and PSI’s Rate Schedule FERC No. 31 the parties to the service agreements. Article 401. will be provided by the Cinergy Comment date: March 3, 2000, in b. Project No. 2582–016. Operating Companies for the remaining accordance with Standard Paragraph E c. Dates Filed: January 27 and 31, years of service for those transactions. at the end of this notice. 2000.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9264 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

d. Applicant: Rochester Gas and flows between 1,500 cfs and 3,000 cfs, the particular application to which the Electric Corporation. and the maximum allowable reservoir filing refers. Any of the above-named e. Name of Project: Station 2 Project. elevation set at 482.9 feet msl, the documents must be filed by providing f. Location: Genesee River in the city licensee can only provide the required the original and the number of copies of Rochester, Monroe County, New 300 cfs veil flow by opening the dam provided by the Commission’s York. gates, which results in generation loss. regulations to: The Secretary, Federal g. Filed Pursuant to: Federal Power To remedy this situation, the licensee Energy Regulatory Commission, 888 Act, 16 U.S.C. § 791(a)–825(r). proposes to provide the required veil First Street, N.W., Washington, D.C. h. Applicant Contact: Mr. Hugh J. flow by usually maintaining a minimum 20426. A copy of any motion to Ives, Hydro License Coordinator, reservoir elevation of 483.3 feet msl, intervene must also be served upon each Rochester Gas and Electric Corporation, which would result in the spillage of representative of the Applicant 89 East Avenue, Rochester, NY 14649– 300 cfs over the dam gates. Infrequently, specified in the particular application. 0001, (716) 724–8209, e-mail address: the licensee would provide the veil flow l Agency Comments—Federal, state, Hugh [email protected]. by raising one or more gates. When this and local agencies are invited to file i. FERC Contact: Any questions on method is used, the elevation of the comments on the described application. this notice should be addressed to Jim impoundment would be maintained at A copy of the application may be Haimes at (202) 219–2780, or e-mail not less than 482.3 feet msl. Lastly, obtained by agencies directly from the address: [email protected]. between 11:00 p.m. and 11:00 a.m., Applicant. If an agency does not file j. Deadline for filing comments and or when bypass flow may consist only of comments within the time specified for motions: 30 days from the issuance date dam leakage of 25 cfs, the licensee filing comments, it will be presumed to of this notice. All documents should be would maintain the reservoir elevation have no comments. One copy of an filed by providing an original and eight at not less than 482.3 feet msl. Thus, agency’s comments must also be sent to copies, as required by the Commission’s under the proposed operating regime, the Applicant’s representatives. regulations, to: David P. Boergers, the reservoir elevation could fluctuate Secretary, Federal Energy Regulatory by one foot per day, from 482.3 to 483.3 David P. Boergers, Commission, 888 First Street, NE, feet msl. Secretary. Washington, DC 20426. l. Locations of application: Copies of [FR Doc. 00–4321 Filed 2–23–00; 8:45 am] Please include the project name and the application are available for BILLING CODE 6717±01±M number (Station 2 Project, No. 2482– inspection and reproduction at the 016) on any comments or motions filed. Commission’s Public Reference Room, k. Description of Amendment: License located at 888 First Street, NE, Room DEPARTMENT OF ENERGY Article 401 of the existing license, 2A, Washington, DC 20426, or by calling issued February 22, 1996, requires the (202) 208–1371. The application also Federal Energy Regulatory licensee: (1) to operate the subject may be viewed on the Web at Commission hydropower project in a modified run- www.ferc.fed.us/online/rims.htm. Call of-river mode whereby flows (202) 208–2222 for assistance. Copies of Notice of Intent To File Application for downstream of the project tailrace the application also are available for a New License approximate inflows to the project inspection and reproduction at the February 17, 2000. reservoir; and (2) to maintain the addresses in item h above. elevation of the project’s 16-acre m. Individuals desiring to be included Take notice that the following notice impoundment between 482.3 and 482.9 on the Commission’s mailing list for the of intent has been filed with the feet mean sea level (msl). Therefore, the proposed amendment of license should Commission and is available for public reservoir elevation is currently so indicate by writing to the Secretary inspection: authorized to fluctuate up to 0.6-foot per of the Commission. a. Type of filing: Notice of intent to day. Comments, Protests, or Motions to file an application for new license. Further, license Article 402 requires Intervene—Anyone may submit b. Project No.: 2630. the licensee to release from the Station comments, a protest, or a motion to c. Date filed: January 12, 2000. 2 dam into the project’s bypass reach: intervene in accordance with the d. Submitted By: PacifiCorp, current (1) a continuous flow of at least 300 requirements of Rules of Practice and licensee. cubic feet per second (cfs) between Procedure, 18 CFR 385.210, .211, .214. e. Name of Project: Prospect Nos. 1, 2, 11:00 a.m. and 11 p.m. daily; and (2) a In determining the appropriate action to and 4. continuous flow of at least 25 cfs take, the Commission will consider all f. Location: On the Rogue River and between 11:00 p.m. and 11:00 a.m. protests or other comments filed, but tributaries in Jackson County, Oregon. daily, or inflow, whichever is less. The only those who file a motion to g. Filed Pursuant to: Section 15 of the 300 cfs releases provide a veil flow over intervene in accordance with the Federal Power Act, 18 CFR 16.6. the 90-foot-high Upper Falls, an Commission’s Rules may become a h. Pursuant to Section 16.19 of the important local aesthetic resource party to the proceeding. Any comments, Commission’s regulations, the licensee located immediately downstream of the protests, or motions to intervene must is required to make available the project dam. be received on or before the specified information described in Section 16.7 of The subject filing indicates that the comment date for the particular the regulations. Such information is license-mandated reservoir elevation application. available from the licensee at Suite range has made it difficult to generate Filing and Service of Responsive 1500, 825 N.E. Multnomah, Portland, hydropower efficiently while at the Documents—Any filings must bear in OR 97232. Contact Todd Olson on (503) same time providing the required veil all capital letters the title 813–6657. ´ ´ flow. These operating difficulties have ‘‘COMMENTS’’, i. FERC Contact: Hector M. Perez, resulted in significant excess spillage ‘‘RECOMMENDATIONS FOR TERMS (202) 219–2843, and, consequently, generation loss of 1 AND CONDITIONS’’. ‘‘PROTEST’’, OR [email protected]. to 2 megawatts per hour for 40 percent ‘‘MOTION TO INTERVENE’’, as j. Effective Date of Current License: of the year. For example, with river applicable, and the Project Number of May 1, 1965.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9265

k. Expiration Date of Current License: burden estimate; (c) ways to enhance discretion, condition any experimental July 1, 2005. the quality, utility, and clarity of the license or special temporary authority l. The project consists of three information collected; and (d) ways to (STA) on the requirement that before concrete diversion dams, a water minimize the burden of the collection of commencing operation, the new conveyance system with approximately information on the respondents, licensee coordinate its proposed facility 9.25 miles of waterways, and three including the use of automated with other licensees that may receive powerhouses with a total installed collection techniques or other forms of interference as a result of the new capacity of 20.76 megawatts. information technology. licensee’s operations; and (4) pursuant m. The licensee states its unequivocal DATES: Written comments should be to Section 5.93(b), unless otherwise intent to file an application for a new submitted on or before April 24, 2000. stated in the instrument of license for this project. Pursuant to 18 If you anticipate that you will be authorization, licenses granted for the CFR 16.9(b)(1), all applications for a submitting comments, but find it purpose of limited market studies new license must be filed with the difficult to do so within the period of requires the licensee to inform anyone Commission at least 24 months prior to time allowed by this notice, you should participating in the experiment that the the expiration of the existing license. advise the contact listed below as soon service or device is granted under an All applications for license for this as possible. experimental authorization and is project must be filed by June 20, 2003. ADDRESSES: Direct all comments to Les strictly temporary. In all cases, it is the n. A copy of the notice of intent is Smith, Federal Communications responsibility of the licensee to available for inspection and Commissions, 445 12th Street, S.W., coordinate with other users. reproduction at the Commission’s Room 1–A804, Washington, DC 20554 OMB Approval Number: 3060–0397. Public Reference Room, located at 888 or via the Internet to [email protected]. Title: Special Temporary Authority— First Street, NE, Room 2A, Washington, Section 15.7(a). FOR FURTHER INFORMATION CONTACT: For DC 20426, or by calling (202) 208–1371. Form Number: N/A. additional information or copies of the The notice may be viewed on http:// Type of Review: Extension of a information collections contact Les www.ferc.fed.us/online/rims.htm (call currently approved collection. Smith at (202) 418–0217 or via the (202) 208–2222 for assistance). A copy Respondents: Business or other for- Internet at [email protected]. is also available for inspection and profit. reproduction at the address in item h SUPPLEMENTARY INFORMATION: Number of Respondents: 6. above. OMB Approval Number: 3060–0758. Frequency of Response: One time Title: Amendment of Part 5 of the reporting requirement. David P. Boergers, Commission’s Rules to Revise the Estimated Hours Per Response: 2 Secretary. Experimental Radio Service hours. Regulations. [FR Doc. 00–4323 Filed 2–23–00; 8:45 am] Total Annual Burden: 12 hours. BILLING CODE 6717±01±M Form No.: N/A. Type of Review: Extension of a Total Annual Cost: $150. currently approved collection. Needs and Uses: In exceptional Respondents: Individuals or situations, a special temporary FEDERAL COMMUNICATIONS authorization to operate a radio COMMISSION households, Not-for-profit institutions; Business or other for-profit; and State, frequency device not conforming to the subject rules will be issued. An Notice of Public Information Local or Tribal Government. applicant must show that the proposed Collection(s) Being Reviewed by the Number of Respondents: 428. operation is in the public interest, but Federal Communications Commission, Estimated Time Per Response: 1 hour. cannot be feasibly conducted under the Comments Requested Total Annual Burden: 681 hours. Total Estimated Cost: None. applicable rules. February 15, 2000. Needs and Uses: The collection of OMB Approval Number: 3060–xxxx. SUMMARY: The Federal Communications information contained in Part 5 are Title: Maritime Mobile Service Commission, as part of its continuing made necessary by Sections 5.75, Indentity (MMSI). effort to reduce paperwork burden 5.85(d), 5.85(e), and 5.93(b) of the Form Number: N/A. invites the general public and other Commission’s Rules governing the Type of Review: New collection. Federal agencies to take this Experimental Radio Service. They are as Respondents: Business or other for- opportunity to comment on the follows: (1) Pursuant to Section 5.75, if profit, individuals, or households. following information collection, as a blanket license is granted, licensees Number of Respondents: 2,000. required by the Paperwork Reduction are required to notify the Commission of Estimated Time Per Response: .5 Act of 1995, Public Law 104–13. An the specific details of each individual hours. agency may not conduct or sponsor a experiment, including location, number Total Annual Burden: 1,000 hours. collection of information unless it of base and mobile units, power, Total Annual Cost: No annual cost displays a currently valid control emission designator, and any other burden on respondents from either number. No person shall be subject to pertinent technical information not capital or start-up costs. any penalty for failing to comply with specified by the blanket license; (2) Needs and Uses: The information a collection of information subject to the pursuant to Section 5.85(d), when collection requirement is needed to Paperwork Reduction Act (PRA) that applicants are using public safety collect, search and rescue information does not display a valid control number. frequencies to perform experiments of a about each vessel issued an MMSI. An Comments are requested concerning (a) public safety nature, the license may be MMSI is a unique nine-digit number whether the proposed collection of conditioned to require coordination that functions similar to a ‘‘phone information is necessary for the proper between the experimental licensee and number’’ for contacting a specific vessel. performance of the functions of the appropriate frequency coordinator and/ Upon receiving a distress alert Commission, including whether the or all public safety licensees in its area containing an MMSI, authorities such as information shall have practical utility; of operation; (3) pursuant to Section the U.S. Coast Guard may use the MMSI (b) the accuracy of the Commission’s 5.85(e), the Commission may, at its to find out background information

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9266 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices about the vessel (e.g., owner’s name, and Judy Boley, Federal Federal Communications Commission. intended route, and other radio Communications Commission, Room 1- Magalie Roman Salas, equipment on board) and to help C804, 445 12th Street, SW, Washington, Secretary. determine whether the alert is false. DC 20554 or via internet to [FR Doc. 00–4281 Filed 2–23–00; 8:45 am] Thus, an accurate MMSI database can [email protected]. BILLING CODE 6712±01±P help to protect lives and property at sea FOR FURTHER INFORMATION CONTACT: For by reducing the time it takes to locate additional information or copies of the vessels in distress. information collections contact Judy FEDERAL COMMUNICATIONS Federal Communications Commission. Boley at 202–418–0214 or via internet at COMMISSION Magalie Roman Salas, [email protected]. [DA 00±219 and DA 00±273] Secretary. SUPPLEMENTARY INFORMATION: The [FR Doc. 00–4280 Filed 2–23–00; 8:45 am] Commission has requested emergency Wireless Telecommunications Bureau Seeks Comment on Qualcomm Inc.'s BILLING CODE 6712±01±P OMB review of this collection with an approval by February 24, 2000. Petition for Declaratory Ruling Seeking OMB Control Number: 3060–XXXX. 700 MHz Band License Pursuant to Ruling of U.S. Circuit Court of Appeals FEDERAL COMMUNICATIONS Type of Review: New Collection. COMMISSION Title: Survey to Provide Information AGENCY: Federal Communications for the Agency’s Sub-study of the Public Information Collection(s) Commission. Estimation of Utilization Rates/ Requirement Submitted to OMB for ACTION: Notice. Probabilities of Obtaining Broadcast and Emergency Review and Approval Wireless Licenses Through Secondary SUMMARY: In this document the Wireless February 16, 2000. Market Transactions. Telecommunications Bureau (Bureau) SUMMARY: The Federal Communications Form No.: N/A. seeks comment on Qualcomm Inc.’s Commission, as part of its continuing Respondents: Individuals or Petition for Declaratory Ruling. The effort to reduce paperwork burden households; business or other for-profit. filing deadline is extended to provide invites the general public and other Number of Respondents: 4,948. interested parties with an adequate Federal agencies to take this Estimated Time Per Response: 20 opportunity to prepare and file opportunity to comment on the minutes (.33 hours). meaningful comments in this following information collection(s), as Frequency of Response: One time proceeding. required by the Paperwork Reduction reporting requirement. DATES: Comments are due February 18, Act of 1995, Public Law 104–13. An Total Annual Burden: 369 hours. 2000 and reply comments are due agency may not conduct or sponsor a Total Annual Cost: N/A. February 25, 2000. collection of information unless it Needs and Uses: The Commission ADDRESSES: Comments should be filed displays a currently valid control requests emergency OMB review and with the Office of the Secretary, Federal number. No person shall be subject to approval by February 24, 2000 for a Communications Commission, Room any penalty for failing to comply with survey that will provide a basis for the TW–B204, 445 12th Street, SW, a collection of information subject to the FCC’s investigation that seeks to provide Washington, DC, 20554. Comments also Paperwork Reduction Act (PRA) that an estimation of the likelihood of firms should be provided to Nicole Oden, does not display a valid control number. owned by minorities, women, non- Auctions and Industry Analysis Comments are requested concerning (a) minorities, and small firms obtaining Division, Room 4–B551, Wireless whether the proposed collection of broadcast and wireless licenses from Telecommunications Bureau, Federal information is necessary for the proper private firms selling licenses in the Communications Commission, 445 12th performance of the functions of the secondary market. Street, SW, Washington, DC, 20554. All Commission, including whether the The secondary market study is a sub- comments should reference DA 00–219. information shall have practical utility; study or the second part of a two-part FOR FURTHER INFORMATION CONTACT: (b) the accuracy of the Commission’s study regarding broadcast and wireless Nicole Oden of the Auctions and burden estimate; (c) ways to enhance license acquisition, which is part of a Industry Analysis Division at (202) 418– the quality, utility, and clarity of the comprehensive examination 0660. information collected; and (d) ways to commenced by the FCC to identify and SUPPLEMENTARY INFORMATION: This is a minimize the burden of the collection of evaluate market entry barriers and other summary of two Public Notices, DA 00– information on the respondents, impediments to participation and 219 released February 4, 2000, and DA including the use of automated attainment of broadcast and wireless 00–273 released February 11, 2000. The collection techniques or other forms of licenses by small, women and minority- complete text of the public notices, information technology. owned businesses. including all attachments, is available DATES: Written comments should be Data collected in the survey may for inspection and copying during submitted on or before March 27, 2000. provide the foundation for FCC policies normal business hours in the FCC If you anticipate that you will be to promote competition and Reference Center (Room CY–A257), 445 submitting comments, but find it opportunities for small, minority and 12th Street, SW, Washington, DC. It may difficult to do so within the period of women-owned businesses. This also be purchased from the time allowed by this notice, you should information may be used by the FCC in Commission’s copy contractor, advise the contacts listed below as soon considering future auction rules, International Transcription Services, as possible. broadcast license rules, the biennial Inc. (ITS, Inc.) 1231 20th Street, NW, ADDRESSES: Direct all comments to review of broadcast rules, the allocation Washington, DC 20036, (202) 857–3800. Virginia Huth, Office of Management of low power radio licenses, and It is also available on the Commission’s and Budget, Room 10236 NEOB, whether the FCC should implement a website at http://www.fcc.gov. Washington, DC 20503, (202) 395–6929 tax certificate and/or distress sales 1. QUALCOMM Incorporated or via internet at [email protected], program. (‘‘QUALCOMM’’) has filed a Petition for

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9267

Declaratory Ruling pursuant to § 1.2 of Notice released on February 4, 2000 (DA FEDERAL DEPOSIT INSURANCE the Rules and Regulations of the Federal 00–219) apply. This proceeding has CORPORATION Communications Commission been designated as a ‘‘permit-but- (Commission). QUALCOMM seeks to disclose’’ proceeding in accordance Notice of Agency Sunshine Act withdraw its pending pioneer’s with the Commission’s ex parte rules. Meeting preference request for the A Block (See 47 CFR 1.1200(a), 1.1206) Persons Pursuant to the provisions of the broadband PCS license in the Southern making oral ex parte presentations are ‘‘Government in the Sunshine Act’’ (5 Florida Major Trading Area and reminded that memoranda summarizing U.S.C. 552b), notice is hereby given that substitute for it the 700 MHz band D the presentations must contain at 9:00 a.m. on Thursday, February 24, Block license (752–762 MHz and 782– summaries of the substance of the 2000, the Federal Deposit Insurance 792 MHz) in the Southeast Economic presentations and not merely a listing of Area Grouping 3 (‘‘EAG 3’’). (See 700 Corporation’s Board of Directors will the subjects discussed. More than a one meet in closed session, pursuant to MHz First Report and Order), 65 FR or two sentence description of the views 3139 (January 20, 2000). sections 552b(c)(2), (c)(6), (c)(8), and arguments presented is generally (c)(9)(A)(ii), and (c)(9)(B) of title 5, 2. QUALCOMM contends that the 700 required. Other rules pertaining to oral MHz band D Block license is the only United States Code, to consider matters and written ex parte presentations in relating to the Corporation’s resolution, immediately available license that will permit-but-disclose proceedings are set satisfy the mandate of the Court of supervisory, and corporate activities. forth in § 1.1206(b) of the Commission’s The meeting will be held in the Board Appeals for the District of Columbia rules. Circuit. (See QUALCOMM Inc. v. FCC, Room on the sixth floor of the FDIC 8. QUALCOMM’s petition is available 181 F.3rd 1370 (D.C. Cir. 1999)) Building located at 550—17th Street, for public inspection and copying in the QUALCOMM submits estimates of N.W., Washington, D.C. Reference Center, Room CY A257, 445 spectrum value to support its Requests for further information 12th St., SW, Washington, DC 20554. contention. concerning the meeting may be directed 3. In a Public Notice (DA 00–219) Copies of the petition are also available to Mr. Robert E. Feldman, Executive released on February 4, 2000, the from ITS at 1231 20th St., NW, Secretary of the Corporation, at (202) Wireless Telecommunications Bureau Washington, DC 20036, or by calling 898–6757. (202) 857–3800. (Bureau) sought comment on Dated: February 22, 2000. QUALCOMM’s Petition for Declaratory. Federal Communications Commission. Federal Deposit Insurance Corporation. Specifically, the Public Notice requested Louis J. Sigalos, Robert E. Feldman, that comments addressing any issues Executive Secretary. raised by QUALCOMM are filed on or Deputy Chief, Auctions & Industry Analysis Division. [FR Doc. 00–4527 Filed 2–22–00; 3:54 pm] before February 14, 2000 and reply comments were due on or before [FR Doc. 00–4279 Filed 2–23–00; 8:45 am] BILLING CODE 6714±01±M February 21, 2000. All comments BILLING CODE 6712±01±P should reference DA 00–219. 4. Both Bell Atlantic Mobile, Inc. FEDERAL ELECTION COMMISSION (‘‘BAM’’) and U S WEST Wireless LLC FEDERAL COMMUNICATIONS (‘‘U S WEST’’) requested an extension of COMMISSION Sunshine Act Meetings the deadline for filing comments to Sunshine Act Notice AGENCY: Federal Election Commission. QUALCOMM’s Petition for Declaratory Previously announced date & time: Ruling. These parties contend that an February 16, 2000. Thursday, February 17, 2000, 10 a.m., extension of the deadline is warranted Deletion of Agenda Item From February meeting open to the public. because of the important issues raised The following item was added to the 17th Open Meeting and the nature of the analysis required agenda: February Status Report to for parties to adequately respond. The following item has been deleted Congress on PricewaterhouseCoopers 5. It is the policy of the Commission from the list of agenda items scheduled Recommendations. that extensions of time shall not be for consideration at the February 17, DATE AND TIME: Tuesday, February 29, routinely granted. (See 47 CFR 1.46) 2000, Open Meeting and previously 2000 at 10 a.m. Upon review, however, we agree that an listed in the Commission’s Notice of PLACE: 999 E Street, N.W., Washington, extension will afford parties the time to February 10, 2000. D.C. file comments that will facilitate the ITEM NO. 3. STATUS: compilation of a more complete record This meeting will be closed to in this proceeding, without causing BUREAU: Wireless telecommunications. the public. undue delay to the Commission’s SUBJECT: Title: Calling Party Pays ITEMS TO BE DISCUSSED: consideration of the issues. Service Offering in the Commercial Compliance matters pursuant to 2 6. Accordingly, we extend the filing Mobile Radio Services (WT Docket No. U.S.C. 437g. deadline for comments to the petition 97–207). Audits conducted pursuant to 2 U.S.C. 437g, 438(b), and Title 26, U.S.C. filed by QUALCOMM. Comments Summary: The Commission will addressing any issues raised by Matters concerning participation in consider a Memorandum Opinion and civil actions or proceedings or QUALCOMM must be filed by February Order on Reconsideration and Report 18, 2000, and reply comments are due arbitration. and Order concerning rules for Internal personnel rules and by February 25, 2000. Adoption of these facilitating calling party pays. deadlines should provide interested procedures or matters affecting a Federal Communications Commission. parties with an adequate opportunity to particular employee. prepare and file meaningful comments Magalie Roman Salas, DATE AND TIME: Wednesday, March 1, in this proceeding. Secretary. 2000 at 10 a.m. 7. In all other respects, the terms and [FR Doc. 00–4528 Filed 2–22–00; 3:54 pm] PLACE: 999 E Street, N.W., Washington, filing instructions set forth in the Public BILLING CODE 6712±01±M D.C. (Ninth Floor).

VerDate 162000 18:24 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm04 PsN: 24FEN1 9268 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

STATUS: This hearing will be open to the U.S. scope to include all U.S. Atlantic South East Asia (Bangladesh to public. ports south of and including Charleston, Philippines range), Portugal, ports on MATTER BEFORE THE COMMISSION: Oral SC. the Mediterranean and Red Sea, and in Hearing: Buchanan for President, Inc. Agreement No.: 202–011576–004. the United Arab Emirates. Title: South America Independent DATE AND TIME: Thursday, March 2, 2000 Dated: February 18, 2000. Lines Association. at 10 a.m. By Order of the Federal Maritime Parties: Interocean Lines, Inc. and Commission. PLACE: 999 E Street, N.W., Washington, Trinity Shipping Line, S.A. D.C. (Ninth Floor) Synopsis: The proposed modification Bryant L. VanBrakle, STATUS: This meeting will be open to the expands the geographic scope of the Secretary. public. agreement to include Colombia. [FR Doc. 00–4362 Filed 2–23–00; 8:45 am] ITEMS TO BE DISCUSSED: Agreement No.: 217–011689. BILLING CODE 6730±01±P Correction and Approval of Minutes. Title: Zim/CSCL Slot Charter Advisory Opinion 1999–40: National Agreement. Rual Electric Cooperative Association Parties: Zim Israel Navigation FEDERAL MARITIME COMMISSION by counsel, Jan Witold Baran. Company Ltd. and China Shipping Container Lines Co. Ltd. Ocean Transportation Intermediary Advisory Opinion 2000–01: Angel License Applicants Taveras, Congressional candidate. Synopsis: Under the proposed Advisory Opinion 2000–03: American agreement, the parties agree to charter Notice is hereby given that the Society of Anesthesiologists by counsel, space to each other in the trade between following applicants have filed with the Michael Scott. U.S. Pacific Coast ports and ports in the Federal Maritime Commission Administrative Matters. Peoples’ Republic of China (including applications for licenses as Non-Vessel PERSON TO CONTACT FOR INFORMATION: Hong Kong), South Korea, and Japan. Operating Common Carrier and Ocean Mr. Ron Harris, Press Officer, The agreement will have a term of three Freight Forwarder—Ocean Telephone: (202) 694–1220. years. Transportation Intermediaries pursuant Agreement No.: 232–011690. to section 19 of the Shipping Act of Mary W. Dove, Title: COSCO/KL/YMUK Asia/U.S. 1984 as amended (46 U.S.C. app. 1718 Acting Secretary of the Commission. East and Gulf Coast Vessel Sharing and 46 CFR part 515). [FR Doc. 00–4526 Filed 2–22–00; 3:20 pm] Agreement. Persons knowing of any reason why BILLING CODE 6715±01±M Parties: COSCO Container Lines, any of the following applicants should Kawasaki Kisen Kaisha, Ltd. and not receive a license are requested to YangMing (U.K.) Ltd. contact the Office of Freight Forwarders, FEDERAL MARITIME COMMISSION Synopsis: Under the proposed Federal Maritime Commission, agreement, the parties agree to Washington, D.C. 20573. Notice of Agreement(s) Filed coordinate vessel and terminal Non-Vessel-Operating Common operations and cross-charter space in The Commission hereby gives notice Carrier and Ocean Freight Forwarder their services between U.S. East and Transportation Intermediary Applicants: of the filing of the following Gulf ports and ports in the Peoples’ Global Caribbean,Inc., 12000 Biscayne agreement(s) under the Shipping Act of Republic of China and Japan. Blvd, Suite 106, Miami, FL 33181. 1984. Interested parties can review or Agreement No.: 232–011691. Officers: Sandra Rivera, Secretary, obtain copies of agreements at the Title: COSCO/KL/YMUK (Qualifying Individual), Jose Luis Washington, DC offices of the Mediterranean/U.S. East and Gulf Coast Rivera, President Commission, 800 North Capitol Street, Vessel Sharing Agreement. Phoenix International Transport Inc., N.W., Room 962. Interested parties may Parties: COSCO Container Lines, 208 Hylan Blvd., Staten Island, NY submit comments on an agreement to Kawasaki Kisen Kaisha, Ltd. and 10305. Officers: Liberio Romano, the Secretary, Federal Maritime Yangming (U.K.) Ltd. Commission, Washington, DC 20573, Synopsis: Under the proposed President (Qualifying Individual), within 10 days of the date this notice agreement, the parties agree to Maria F.S. Romano, Secretary appears in the Federal Register. coordinate vessel and terminal Port Jersey Shipping International Inc., Agreement No.: 232–010786–010. operations and cross-charter space in 268 Seaview Avenue, Jersey City, NJ Title: Contship Med/Gulf Line Ltd. their services between U.S. East and 07305. Officers: Jose Salvador C. and Italia di Navigazione SPA Space Gulf ports and ports on the Ungco, Vice President (Qualifying Charter and Sailing Agreement. Mediterranean within the Gibraltar/Port Individual), Rosario Castro Ungco, Parties: Contship Med/Gulf Line Ltd. Said range. President and Italia di Navigazione S.p.A. Agreement No.: 203–011692. American National Lines, Inc., One Synopsis: The proposed amendment Title: SCI/Contship and CMA CGM World Trade Centre, Suite 4667, New reflects a change in the structure of the Space Charter and Sailing Agreement. York, NY 10048. Officers: Sunitha relationship of the parties. Upon the Parties: The Shipping Corporation of Nair, President (Qualifying amendment’s effectiveness, the parties India, Ltd., Contship Containerlines Individual), Punarjeeva will no longer charter space to one Limited and CMA CGM S.A. Karunanayake, Vice President another, rather Contship will charter Synopsis: The proposed Agreement Embassy Cargo, Inc., One Cross Island space to Italia and the maximum permits the parties to share space, Plaza, Suite LL3, Rosedale, NY 11422. number of vessels which may be exchange slots, discuss and agree upon Officers: Margherita Valluzzi, operated under the Agreement will rates on a voluntary basis, adopt Secretary (Qualifying Individual), increase from three to six. The voluntary guidelines relating to their Alessio Mealli, President amendment also deletes France, respective individual service contracts, Ocean Freight Forwarders—Ocean Portugal, and the Balearic and Canary and engage in other limited cooperative Transportation Intermediary Applicants: Islands from the Agreement’s foreign activities in the trades between the U.S. S & R Forwarding, Inc., 1191 East 51st geographic scope while expanding its Atlantic Coast and India, Sri Lanka, Street, Brooklyn, NY 11234. Officer:

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00032 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9269

Sumintra Mangru, President 1. Border Bancshares, Inc., projects and solicit public comments in (Qualifying Individual) Greenbush, Minnesota; to acquire 95 compliance with the requirements of Lee Ann Tyus Maritime Services, 113 percent of the voting shares of Border Section 3506(c)(2)(A) of the Paperwork Jeffrey Drive, Brandon, FL 33511, Lee State Bank of International Falls, Reduction Act of 1995. To request more Ann Tyus, Sole Proprietor International Falls, Minnesota, a de information on the project or to obtain Sangar International Corp., 9900 N.W. novo bank. a copy of the information collection 25 Street, Suite 210, Miami, FL 33172. Board of Governors of the Federal Reserve plans and instruments, call the OS Officers: Carlos M. Santana, President System, February 17, 2000. Report Clearance Officer on (202) 690– (Qualifying Individual), Ambar D. Robert deV. Frierson, 6207. Santana, Vice President Comments are invited on: (a) Whether Associate Secretary of the Board. Dated: February 18, 2000. the proposed collection of information [FR Doc. 00–4320 Filed 2–23–00; 8:45 am] Bryant L. VanBrakle, is necessary for the proper performance BILLING CODE 6210±01±P Secretary. of the functions of the agency, including whether the information shall have [FR Doc. 00–4363 Filed 2–23–00; 8:45 am] practical utility; (b) The accuracy of the BILLING CODE 6730±01±P FEDERAL RESERVE SYSTEM agency’s estimate of the burden of the Sunshine Act Meeting proposed collection of information; (c) Ways to minimize the burden of the FEDERAL RESERVE SYSTEM TIME AND DATE: 11:00 a.m., Monday, collection of information on respondents, including through the use Formations of, Acquisitions by, and February 28, 2000. of automated collection techniques or Mergers of Bank Holding Companies PLACE: Marriner S. Eccles Federal Reserve Board Building, 20th and C other forms of information technology. The companies listed in this notice Streets, N.W., Washington, D.C. 20551 Proposed Project 1. Analysis of Guidelines for the Conduct of Research have applied to the Board for approval, STATUS: Closed. pursuant to the Bank Holding Company Adopted by Medical Schools or their MATTERS TO BE CONSIDERED: Act of 1956 (12 U.S.C. 1841 et seq.) Components—NEW—The Office of 1. Personnel actions (appointments, Research Integrity (ORI) is responsible (BHC Act), Regulation Y (12 CFR Part promotions, assignments, 225), and all other applicable statutes for ensuring the integrity of the research reassignments, and salary actions) and regulations to become a bank supported by the Public Health Service. involving individual Federal Reserve holding company and/or to acquire the Section 493 of the Public Health Act, System employees. provides that the Secretary by regulation assets or the ownership of, control of, or 2. Any items carried forward from a shall require that each entity which the power to vote shares of a bank or previously announced meeting. bank holding company and all of the applies for a grant, contract or CONTACT PERSON FOR MORE INFORMATION: banks and nonbanking companies cooperative agreement which involves owned by the bank holding company, Lynn S. Fox, Assistant to the Board; the conduct of biomedical or behavioral including the companies listed below. 202–452–3204. research shall establish policies and The applications listed below, as well SUPPLEMENTARY INFORMATION: You may procedures to review, investigate and as other related filings required by the call 202–452–3206 beginning at report allegations of research Board, are available for immediate approximately 5 p.m. two business days misconduct in connection with the inspection at the Federal Reserve Bank before the meeting for a recorded research conducted at or sponsored by indicated. The application also will be announcement of bank and bank the applicant institute with PHS available for inspection at the offices of holding company applications supported funds. ORI plans on the Board of Governors. Interested scheduled for the meeting; or you may requesting copies of the guidelines for persons may express their views in contact the Board’s Web site at http:// the conduct of research adopted by writing on the standards enumerated in www.federalreserve.gov for an accredited medical schools in the the BHC Act (12 U.S.C. 1842(c)). If the electronic announcement that not only United States. ORI will use the proposal also involves the acquisition of lists applications, but also indicates information to develop technical a nonbanking company, the review also procedural and other information about assistance materials and an instructional includes whether the acquisition of the the meeting. workshop which will assist medical nonbanking company complies with the Dated: February 18, 2000. schools in formulating guidelines. standards in section 4 of the BHC Act Robert deV. Frierson, Respondents: State and Local governments; Businesses or other for- (12 U.S.C. 1843). Unless otherwise Associate Secretary of the Board. noted, nonbanking activities will be profit; non-profit institutions—Burden [FR Doc. 00–4416 Filed 2–18–00; 4:52 pm] conducted throughout the United States. Information for Solicitation—Number of Additional information on all bank BILLING CODE 6210±01±P Respondents: 125; Burden per holding companies may be obtained Response: .25 hours; Total Burden for from the National Information Center Solicitation: 31 hours; Burden website at www.ffiec.gov/nic/. DEPARTMENT OF HEALTH AND Information for Check List—Number of Unless otherwise noted, comments HUMAN SERVICES Respondents: 125; Burden per regarding each of these applications Response: 1 hour; Total Burden for must be received at the Reserve Bank Office of the Secretary Check List: 125 hours; Burden indicated or the offices of the Board of Agency Information Collection Information for Telephone Calls— Governors not later than March 17, Activities; Proposed Collections; Number of Respondents: 13; Burden per 2000. Comment Request Response: .625 hours; Total Burden for A. Federal Reserve Bank of telephone calls: 16 hours; Total Burden: Minneapolis (JoAnne F. Lewellen, The Department of Health and Human 172 hours. Assistant Vice President) 90 Hennepin Services, Office of the Secretary will Send comments to Cynthia Agens Avenue, Minneapolis, Minnesota periodically publish summaries of Bauer, OS Reports Clearance Officer, 55480–0291: proposed information collections Room 503H, Humphrey Building, 200

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9270 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Independence Avenue SW., Washington childhood leukemia (CL). In 1982, VOC determine possible case status, i.e. DC, 20201. Written comments should be contamination was identified in certain reported diagnosis of childhood cancer received within 60 days of this notice groundwater supply wells which or birth defect. This information will be Dated: February 10, 2000. supplied drinking water to housing used during the next study phase to Dennis P. Williams, units at U.S. Marine Corps Base Camp identify potential cases and controls for Lejeune in Jacksonville, North Carolina. the proposed nested case-control study. Deputy Assistant Secretary, Budget. In a previous health study of With help from the U. S. Navy and U. [FR Doc. 00–4278 Filed 2–23–00; 8:45 am] approximately 6,000 infants exposed in BILLING CODE 4150±4±M S. Marine Corps sources, we will obtain utero to this contaminated water and current address information and attempt 6,000 unexposed births, it was shown to contact respondents directly. For that gestational PCE exposure was DEPARTMENT OF HEALTH AND respondents with unknown current related to lower birth weights for certain HUMAN SERVICES addresses, tracing efforts will include subgroups. The purpose of the proposed advertising in the general media as well Centers for Disease Control and nested case-control study is to as in publications directed toward Prevention investigate the potential relationship Marine Corps and Navy personnel. Once between exposure to VOCs in drinking [30DAY±18±00] the respondent is located, the water and incidence of CL at Camp questionnaire will be administered by Lejeune. A secondary objective of the Agency Forms Undergoing Paperwork trained interviewers over the telephone. proposed study is to investigate the Reduction Act Review potential relationship between VOCs in Respondents will be one of the The Centers for Disease Control and drinking water and birth defects in this following: (1) A parent who gave birth Prevention (CDC) publishes a list of population. or was pregnant while residing at MCB information collection requests under During this phase of the proposed Camp Lejeune between 1968 and 1985; review by the Office of Management and study, an attempt will be made to locate (2) a parent who was pregnant while Budget (OMB) in compliance with the as many of the children born to base residing at MCB Camp Lejeune between Paperwork Reduction Act (44 U.S.C. residents between 1968 and 1985 as 1968 and 1985 but gave birth elsewhere; Chapter 35). To request a copy of these well as offspring from pregnancies that or (3) an offspring of said parents. The requests, call the CDC Reports Clearance occurred during this time period but number of births that occurred at MCB Officer at (404) 639–7090. Send written were not delivered at Camp Lejeune. A Camp Lejeune during this period is comments to CDC, Desk Officer; Human brief screening questionnaire will be approximately 12,000. It has been Resources and Housing Branch, New interviewer-administered to identify estimated that approximately one-third Executive Office Building, Room 10235; potential cancer and birth defect cases. of women who seek prenatal care while Washington, DC 20503. Written Some of the data to be collected by the residing at Camp Lejeune are relocated comments should be received within 30 questionnaire includes: confirmation of before delivery. Therefore, attempts will days of this notice. the name(s) of children and date(s) of be made to contact and interview up to birth; dates and location of residence on an additional 4,000 respondents. Of the Proposed Project base during the pregnancy and/or at the 16,000 total possible respondents, a Exposure to Volatile Organic time of delivery; current vital status of conservative estimate of the number that Compounds and Childhood Leukemia each child; the determination of will be located and subsequently Incidence at MCB Camp Lejeune, North diagnosis with cancer or birth defects interviewed is 13,000 (about 80%). Carolina—Extension—Agency for Toxic before age 20. As a result of delays in The hourly burden has been modified Substances and Disease Registry obtaining data necessary to trace since the first submittal. This was a (ATSDR). There is limited evidence that potential respondents, a renewal for this result of pretesting of the data collection in utero exposure to volatile organic project has been requested. instrument. It was found that the compounds (VOCs) such as It is necessary to identify each average completion time per survey was trichloroethylene and respondent in order to assess place of closer to 15 minutes as opposed to the tetrachloroethylene (PCE) in drinking residence at Camp Lejeune as a measure original estimate of 9 minutes. The total water may be strongly associated with of possible VOC exposure as well as to annual burden hours are 1,083.

Number of Avg. burden of Type of respondents Number of responses/ response respondents respondent (in hrs.)

Parent/Child born at Camp Lejeune; 1968-1985 ...... 9,650 1 0.25 Pregnancy at Camp Lejeune, delivery else-where; 1968-1985 ...... 3,350 1 0.25

Dated: February 14, 2000. DEPARTMENT OF HEALTH AND information collection requests under Charles Gollmar, HUMAN SERVICES review by the Office of Management and Acting Associate Director for Policy, Planning Budget (OMB) in compliance with the and Evaluation, Centers for Disease Control Centers for Disease Control and Paperwork Reduction Act (44 U.S.C. and Prevention (CDC). Prevention Chapter 35). To request a copy of these [FR Doc. 00–4197 Filed 2–23–00; 8:45 am] [30DAY±19±00] requests, call the CDC Reports Clearance BILLING CODE 4163±18±P Officer at (404) 639–7090. Send written Agency Forms Undergoing Paperwork comments to CDC, Desk Officer; Human Reduction Act Review Resources and Housing Branch, New Executive Office Building, Room 10235; The Centers for Disease Control and Washington, DC 20503. Written Prevention (CDC) publishes a list of

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9271 comments should be received within 30 education records in the public schools) includes a contemporaneous days of this notice. in the metro-Atlanta area as part of a comparison group of persons who, at study to develop surveillance methods age 10 years, were in regular education Proposed Project for these conditions in school-age classes in the same schools as were the Follow-Up Study of Children With children. A follow-up study was persons with developmental disabilities. Developmental Disabilities (0920– initiated to trace, locate and interview The data generated from this study will 0436)—Revision—National Center for these children, who are now in their continue to be used to estimate the Environmental Health (NCEH). In the early twenties, to assess their status burden of secondary health conditions, mid-1980s, a number of 10-year-old with regard to educational attainment, limited social participation, and children were identified as having one employment, living arrangements, economic disadvantage among young or more of five developmental services received, functional limitations, adults with long-standing, disabilities: mental retardation, cerebral adaptive behavior, social participation, developmental impairments. This palsy, epilepsy, hearing impairment, or health, and quality of life. request is for a one-year renewal of the vision impairment. These children were This study proposes to continue with currently-approved study. The total identified (mainly from special the one-time, in-person interview and annual burden hours are 1,093.

No. of Avg. burden of Respondents No. of responses/ response (in respondents respondent hrs.)

Contacting ...... 1,056 1 10/60 Interview ...... 898 1 60/60 Call backs ...... 90 1 10/60

Dated: February 14, 2000. are introduced each year. Yet the list of No. of No. of Avg. Charles Gollmar, environmental chemicals and agents re- re- burden Acting Associate Director for Policy, Planning that have been investigated to determine Respondents sponses/ spond- respond- per re- and Evaluation, Centers for Disease Control whether they have adverse effects on ents ent sponse and Prevention (CDC). reproductive health is still limited. With [FR Doc. 00–4200 Filed 2–23–00; 8:45 am] the growing number of women in the Workers ...... 6,200 1 1.0 BILLING CODE 4163±18±M work force, it is becoming increasingly Medical pro- important to evaluate the potential viders ...... 1,200 1 0.5 female reproductive health effects of DEPARTMENT OF HEALTH AND occupational and physical agents. Dated: February 14, 2000. HUMAN SERVICES This study will examine reproductive Charles Gollmar, Centers for Disease Control and disorders among female flight Acting Associate Director for Policy, Planning Prevention and Evaluation, Centers for Disease Control attendants. Approximately 66,000 flight and Prevention (CDC). attendants are currently employed by [FR Doc. 00–4201 Filed 2–23–00; 8:45 am] [30DAY±16±00] U.S. commercial airlines and are BILLING CODE 4163±18±P potentially exposed to ionizing Agency Forms Undergoing Paperwork Reduction Act Review radiation and disruption of circadian rhythms, two exposures that may DEPARTMENT OF HEALTH AND The Centers for Disease Control and adversely affect reproductive function. HUMAN SERVICES Prevention (CDC) publishes a list of Teachers will be enrolled as an external information collection requests under comparison group for this study. Centers for Disease Control and review by the Office of Management and Data from company personnel records Prevention Budget (OMB) in compliance with the containing demographic and work Paperwork Reduction Act (44 U.S.C. history information will be used to [30DAY±17±00] Chapter 35). To request a copy of these estimate workplace exposures. Each requests, call the CDC Reports Clearance Agency Forms Undergoing Paperwork Officer at (404) 639–7090. Send written woman will be asked to complete a Reduction Act Review comments to CDC, Desk Officer; Human telephone questionnaire on Resources and Housing Branch, New reproductive history and other factors The Centers for Disease Control and Executive Office Building, Room 10235; (such as cigarette smoking) that may Prevention (CDC) publishes a list of Washington, DC 20503. Written influence reproductive function. Each information collection requests under comments should be received within 30 questionnaire will take approximately review by the Office of Management and days of this notice. 60 minutes to complete. Medical Budget (OMB) in compliance with the records will be requested to confirm Paperwork Reduction Act (44 U.S.C. Proposed Project adverse reproductive outcomes reported Chapter 35). To request a copy of these Studies of Adverse Reproductive by the participants. The risk of adverse requests, call the CDC Reports Clearance Outcomes in Female Occupational reproductive outcomes between the two Officer at (404) 639–7090. Send written Groups (0920–0367)—EXTENSION— groups of women will then be comments to CDC, Desk Officer; Human National Institute for Occupational compared. The total annual burden Resources and Housing Branch, New Safety and Health (NIOSH). An hours are 6200. Executive Office Building, Room 10235; estimated 50,000 to 60,000 chemicals Washington, DC 20503. Written are in common use throughout society comments should be received within 30 today and hundreds of new chemicals days of this notice.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00035 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9272 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Proposed Project this is appropriate for analyses of major of Cancer Registries into a national cancers in large population subgroups, surveillance system. National Program of Cancer it is not always adequate for minority These data are already collected and Registries—Cancer Surveillance populations and rare cancer analyses. aggregated at the state level. Thus the System—NEW—National Center for Further, to plan and evaluate state and additional burden on the states would Chronic Disease Prevention and Health national cancer control and prevention be small. Program implementation Promotion (NCCDPHP). The American efforts, national data are needed. would require funded states to report Cancer Society estimates that 8.2 Therefore, the Centers for Disease data to the Centers for Disease Control million Americans have a history of Control and Prevention, National Center on an annual basis twelve months after cancer and that in 1999, about 1.2 for Chronic Disease Prevention and the close of a diagnosis year and again million new cases will be diagnosed. At Control, Division of Cancer Prevention at twenty-four months to obtain more the national level, cancer incidence data and Control, proposes to aggregate complete incidence data and vital status are available for only 14% of the existing cancer incidence data from from mortality data. The total annual population of the United States. While states funded by the National Program burden hours are 126.

Average Number of Number of burden/ Respondents respondents responses/ response respondent (in hrs.)

State, territorial, and District of Columbia cancer registries ...... 63 1 2

Dated: February 14, 2000. Matters to be Discussed: The agenda DEPARTMENT OF HEALTH AND Charles Gollmar, will include a working definition of HUMAN SERVICES Acting Associate Director for Policy, Planning measles elimination for the United and Evaluation, Centers for Disease Control States; simple mathematical concepts Centers for Disease Control and and Prevention (CDC). related to measles elimination; using Prevention [FR Doc. 00–4202 Filed 2–23–00; 8:45 am] basic surveillance data to evaluate Study Team for the Los Alamos BILLING CODE 4163±18±P measles elimination; measles epidemiology in the United States Historical Document Retrieval and 1997–1999; measles virologic Assessment Project DEPARTMENT OF HEALTH AND surveillance; adequacy of measles The Centers for Disease Control and HUMAN SERVICES surveillance; lack of evidence for Prevention (CDC) and the Agency for transmission of measles virus from Toxic Substances and Disease Registry Centers for Disease Control and people with inapparent measles (ATSDR) announce the following Prevention infection; measles vaccination coverage meeting. levels and population immunity to Elimination of Endemic Measles From Name: Public Meeting of the Study measles in the United States and global the United States: Meeting Team for the Los Alamos Historical perspective of measles elimination. Document Retrieval and Assessment The Centers for Disease Control and Other matters of relevance to the panel’s Project. Prevention (CDC) announces the objectives may be discussed. Time and Date: 5 p.m.–7 p.m., following meeting: Agenda items are subject to change as Wednesday, March 8, 2000. Name: Elimination of Endemic priorities dictate. Place: Taos Convention Center, El Measles from the United States. Taoseno Room, 120 Civic Plaza Drive, Contact Person for More Information: Taos, New Mexico, telephone 505/758– Times and Dates: 8:30 a.m.–6 p.m., Ed Yacovone, Deputy Branch Chief, 5792. March 16, 2000 and 8 a.m.–12 p.m., Child Vaccine Preventable Diseases Status: Open to the public, limited March 17, 2000. Branch, Epidemiology and Surveillance only by space available. The meeting Place: Hyatt Regency Atlanta, 265 Division, National Immunization room accommodates approximately 100 Peachtree Street, Atlanta, Georgia Program, CDC,1600 Clifton Road, NE, people. 30303. m/s E61, Atlanta, Georgia 30333. Background: Under a Memorandum Status: Open to the public, limited Telephone 404/639–8855. of Understanding (MOU) signed in only by the space available. The Director, Management Analysis December 1990 with Department of Purpose: To evaluate progress toward and Services office has been delegated Energy (DOE) and replaced by an MOU the national goal of elimination of the authority to sign Federal Register signed in 1996, the Department of measles as an endemic disease in the notices pertaining to announcements of Health and Human Services (HHS) was United States. The Centers for Disease meetings and other committee given the responsibility and resources Control and Prevention is convening a management activities for both the for conducting analytic epidemiologic meeting of a panel of measles and Centers for Disease Control and investigations of residents of public health experts serving as Prevention and the Agency for Toxic communities in the vicinity of DOE simultaneous individual consultants. Substances and Disease Registry. facilities, workers at DOE facilities, and The experts will review the information other persons potentially exposed to Dated: February 17, 2000. pertaining to the epidemiology and radiation or to potential hazards from surveillance of measles in the United Carolyn J. Russell, non-nuclear energy production use. States and give their opinions as to Director, Management Analysis and Services HHS delegated program responsibility whether the Healthy People 2000 Office Centers for Disease Control and to CDC. objective of elimination of endemic Prevention (CDC). In addition, an MOU was signed in measles from the United States has been [FR Doc. 00–4334 Filed 2–23–00; 8:45 am] October 1990 and renewed in November met. BILLING CODE 4163±18±P 1992 between ATSDR and DOE. The

VerDate 162000 18:28 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00036 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm04 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9273

MOU delineates the responsibilities and DEPARTMENT OF HEALTH AND Priority Areas procedures for ATSDR’s public health HUMAN SERVICES Priority Area 1.01 University-Head activities at DOE sites required under Start Partnerships sections 104, 105, 107, and 120 of the Administration for Children and Comprehensive Environmental Families Eligible Applicants: Universities and Response, Compensation, and Liability four-year colleges on behalf of a faculty Act (CERCLA or Superfund). These [Program Announcement No. ACF/ACYF/HS member who holds a doctorate or activities include health consultations FY 2000±02] equivalent in their respective field. and public health assessments at DOE Project Duration: The announcement sites listed on, or proposed for, the Fiscal Year 2000 Discretionary for Priority Area 1.01 is soliciting Superfund National Priorities List and Announcement for University-Head applications for project periods of three at sites that are the subject of petitions Start Partnerships and Graduate years, with the first year as a planning from the public; and other health- Student Head Start Research Grants: grant. Awards, on a competitive basis, related activities such as epidemiologic Availability of Funds and Request for will be for the first one-year planning studies, health surveillance, exposure Proposals budget period. Applications for and disease registries, health education, continuation funds under these awards AGENCY: Administration on Children, substance-specific applied research, beyond the first-year budget period, but Youth and Families, ACF, DHHS. emergency response, and preparation of within the established project period, toxicological profiles. ACTION: Notice. will be entertained in subsequent years on a non-competitive basis, subject to Purpose: This Study Team is charged Statutory Authority: The Head Start Act, as with locating, evaluating, cataloging, availability of funds, satisfactory amended 42 U.S.C. 9801 et. seq. CFDA: progress of the grantee, and a and copying documents that contain 13.600 information about historical chemical or determination that continued funding radionuclide releases from facilities at SUMMARY: The Administration for would be in the best interests of the the Los Alamos National Laboratory Children and Families, Administration Government. Federal Share of Project Costs: The (LANL) since its inception. The purpose on Children, Youth and Families, Head maximum Federal share is $75,000 for of this meeting is to review the goals, Start Bureau announces the availability the first-year budget period. The Federal methods, and schedule of the project; of funds for two Priority Areas; share for the subsequent years is discuss the key role of interviews with University-Head Start Partnerships approximately $150,000 for each year of current and former LANL employees; (1.01) and Graduate Student Head Start the project period. The Federal Share in provide a forum for community Research Grants (1.02). These priority inclusive of indirect costs. interaction; and serve as a vehicle for areas will support research activities in the areas of infant and toddler Matching Requirements: There are no members of the public to express matching requirements. concerns to CDC. development within the cultural context, school readiness, mental health Anticipated Number of Projects to be Matters to Be Discussed: Agenda and field-initiated research which will Funded: It is anticipated that 4–6 items include a presentation from the increase our knowledge of low-income projects will be funded. National Center for Environmental children’s development for the purpose Health (NCEH), CDC, and/or its Priority Area 1.02 Master’s-Level and of improving services or have significant contractor, regarding the information- Doctoral Head Start Research Grants policy implications. gathering project that recently began, Eligible Applicants: Institutions of and plans and methods for conducting DATES: The closing date for receipt of higher education on behalf of graduate interviews with active and retired applications is 5 P.M. EDT April 24, students at both the Master’s and employees. There will be time for public 2000. Doctorate levels. Doctoral students must input, questions, and comments. Note: Applications should be submitted to have completed their Master’s degree or Agenda items are subject to change as the ACYF Operations Center at: 1815 N. Fort equivalent in that field prior to applying Myer Drive, Suite 300, Arlington, Virginia priorities dictate. for this grant or by the time grants are 22209. However, prior to preparing and awarded, and have sent formal Contact Person for Additional submitting an application, in order to Information: Paul G. Renard, Radiation satisfactorily compete under this notification of having been granted the Studies Branch, Division of announcement it will be necessary for degree to ACYF. To be eligible to Environmental Hazards and Health potential applicants to read the full administer the grant on behalf of the Effects, NCEH, CDC, 1600 Clifton Road, announcement which is available through student, the institution must be fully N.E., Atlanta, Georgia 30333, telephone the addresses listed below. accredited by one of the regional 404/639–2550, fax 404/639 –2575. ADDRESSES: applications, including all accrediting commissions recognized by The Director, Management Analysis necessary forms can be downloaded the Department of Education and the and Services Office, has been delegated from the Head Start web site at Council on Post-Secondary the authority to sign Federal Register www.acf.dhhs.gov/programs/hsb. The Accreditation. In addition, the specific notices pertaining to announcements of web site also contains a listing of all graduate student on whose behalf the meetings and other committee Head Start and Early Start programs. application is made must be identified. Project Duration: The announcement management activities for both CDC and Hard copies of the application may be for Priority Area 1.02 is soliciting ATSDR. obtained by writing or calling the applications for project periods up to Operations Center or sending an email Dated: February 17, 2000. two years. Awards, on a competitive or [email protected] Carolyn J. Russell, basis, will be for a one-year budget Director, Management Analysis and Services FOR FURTHER INFORMATION CONTACT: period, although project periods may be Office, Centers for Disease Control and ACYF Operations Center at: 1815 N. for two years. It should be noted, that Prevention (CDC). Fort Myer Drive, Suite 300, Arlington, if the graduate student, on whose behalf [FR Doc. 00–4335 Filed 2–23–00; 8:45 am] Virginia 22209 or (1–800) 351–2293. the university is applying, expects to BILLING CODE 4163±18±P SUPPLEMENTARY INFORMATION: receive a degree by the end of the first

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00037 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9274 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices year budget period, the applicant should • The extent to which the planned process and have established Single request a one-year project period only. measures and analyses both reflect Points of Contact (SPOCs). Applicants A second year budget will not be knowledge and use of state-of-the-art from these twenty-three jurisdictions granted if the student has graduated by measures and analytic techniques and need take no action regarding E.O. the end of the first year. Applications advance the state-of-the-art. 12372. Applicants for projects to be for continuation grants will be • The extent to which the analytic administered by Federally-recognized entertained in the subsequent year on a techniques are appropriate for the Indian Tribes are also exempt from the non-competitive basis, subject to question under consideration. requirements of E.O. 12372. Otherwise, availability of funds, satisfactory • The extent to which the proposed applicants should contact their SPOCs progress of the grantee and a sample size is sufficient for the study. as soon as possible to alert them of the determination that continued funding • The scope of the project is prospective applications and receive would be in the best interest of the reasonable for the funds available for any necessary instructions. Applicants Government. these grants. must submit any required material to • Federal Share of Project Costs: The The extent to which the planned the SPOCs as soon as possible so that maximum Federal share shall range approach reflects sufficient input from the program office can obtain and between $10,000–$20,000 for the first- and partnership with the Head Start or review SPOC comments as part of the year budget period or a maximum of Early Head Start program. award process. It is imperative that the $40,000 for a two-year project period. applicant submit all required materials, Matching Requirements: There are no 3. Staff and Position Data—35 points • if any, to the SPOC and indicate the date matching requirements. The extent to which the principal of this submittal (or the date of contact Anticipated Number of Projects to be investigator (or for 1.02, the graduate if no submittal is required) on the Funded: It is anticipated that between 5 student) and other key research staff Standard Form 424, item 16a. and 10 projects will be funded with an possess the research expertise necessary Under 45 CFR 100.8(a)(2), a SPOC has unspecified mixture of master’s-level to conduct the study as demonstrated in 60 days from the application deadline to and doctoral level applicants. No the application and information comment on proposed new or university will be funded for more than contained in their vitae. • competing continuation awards. one candidate, unless there are no other For Priority Area 1.01 the principal SPOCs are encouraged to eliminate approved applications. Applications investigator(s) has earned a doctorate or the submission of routine endorsements from the master’s-level students will be equivalent in the relevant field and has as official recommendations. evaluated separately from the first or second author publications in Additionally, SPOCs are requested to applications form doctoral-level major research journals. • clearly differentiate between mere students. The extent to which the proposed advisory comments and those official staff reflect an understanding of and Criteria for Priority Areas 1.01 and 1.02 State process recommendations which sensitivity to the issues of working in a may trigger the accommodate or explain Reviewers will consider the following community setting and in partnership factors when assigning points. rule. with Head Start/Early Head Start When comments are submitted 1. Results or Benefits Expected—25 program staff and parents. directly to ACF, they should be • The adequacy of the time devoted points addressed to: William Wilson, Head to this project by the principal • Start Bureau, 330 C Street, S.W., The research questions are clearly investigator and other key staff in order Washington, D.C. 20447, Attn: Head stated. to ensure a high level of professional • Start University Partnerships or The extent to which the questions input and attention. For graduate are of importance and relevance for low- Graduate Student Head Start Research. students, the adequacy of the income children’s development and A list of the Single Points of Contact for supervision provided by the graduate welfare. each State and Territory can be found student’s mentor. • The extent to which the research on the web site http://www.dhhs.gov/ study makes a significant contribution Required Notification of the Single progorg/grantsnet/laws-reg/ to the knowledge base. Point of Contact spoq0695.htm. • The extent to which the literature This program is covered under Dated: February 16, 2000. review is current and comprehensive Executive Order 12372, Patricia Montoya, and supports the need for the study, the Intergovernmental Review of Federal questions to be addressed or the Commissioner, Administration on Children, Programs, and 45 CFR part 100, Youth and Families. hypotheses to be tested. • The extent to which the questions Intergovernmental Review of [FR Doc. 00–4277 Filed 2–23–00; 8:45 am] that will be addressed or the hypotheses Department of Health and Human BILLING CODE 4184±01±M that will be tested are sufficient for Services Program and Activities. Under meeting the stated objectives. the Order, States may design their own processes for reviewing and DEPARTMENT OF HEALTH AND 2. Approach—40 points commenting on proposed Federal HUMAN SERVICES • The extent to which the research assistance under covered programs. design is appropriate and sufficient for All States and Territories except Office of Inspector General Alabama, Alaska, Colorado, addressing the questions of the study. Publication of OIG Special Fraud Alert • The extent to which child outcomes Connecticut, Hawaii, Idaho, Kansas, on Rental of Space in Physician are the major focus of the study. Louisiana, Massachusetts, Minnesota, • The extent to which the planned Montana, Nebraska, New Jersey, New Offices by Persons or Entities to research specifies the measures to be York, Ohio, Oklahoma, Oregon, Palau, Which Physicians Refer used and the analyses to be conducted. Pennsylvania, South Dakota, Tennessee, AGENCY: Office of Inspector General • The extent to which the planned Vermont, Virginia, Washington, and (OIG), HHS. measures are appropriate and sufficient American Samoa have elected to ACTION: Notice. for the questions of the study. participate in the Executive Order

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9275

SUMMARY: This Federal Register notice II. Special Fraud Alert: Rental of Space received numerous credible reports that sets forth a recently issued OIG Special in Physician Offices by Persons or in many cases, suppliers, whose Fraud Alert concerning rental of space Entities to Which Physicians Refer businesses depend on physicians’ in physicians’ offices by persons or (February 2000) referrals, offer and pay ‘‘rents’’—either entities that provide health care items or The Office of Inspector General (OIG) voluntarily or in response to services to patients that are referred, was established at the Department of physicians’’ requests—that are either either directly or indirectly, by the Health and Human Services by Congress unnecessary or in excess of the fair physician-landlord. For the most part, in 1976 to identify and eliminate fraud, market value for the space to access the OIG Special Fraud Alerts address abuse and waste in the Department’s physicians’ potential referrals. national trends in health care fraud, programs and to promote efficiency and The Anti-Kickback Law Prohibits Any including potential violations of the economy in departmental operations. Payments To Induce Referrals anti-kickback statute for Federal health The OIG carries out this mission care programs. This Special Fraud Alert through a nationwide program of audits, Kickbacks can distort medical specifically highlights questionable or investigations and inspections. decision-making, cause overutilization, suspect rental arrangements for space in To reduce fraud and abuse in the increase costs and result in unfair physicians’ and other practitioners’ Federal health care programs, including competition by freezing out competitors offices, and how the space rental safe Medicare and Medicaid, the OIG who are unwilling to pay kickbacks. harbor can protect legitimate actively investigates fraudulent schemes Kickbacks can also adversely affect the arrangements. that are used to obtain money from quality of patient care by encouraging physicians to order services or FOR FURTHER INFORMATION CONTACT: Julie these programs and, when appropriate, issues Special Fraud Alerts that identify recommend supplies based on profit Kass, Office of Counsel to the Inspector rather than the patients’ best medical General, (202) 619–0335. practices in the health care industry that are particularly vulnerable to abuse. interests. SUPPLEMENTARY INFORMATION: This Special Fraud Alert focuses on Section 1128B(b) of the Social I. Background the rental of space in physicians’ offices Security Act (the Act) prohibits by persons or entities that provide knowingly and willfully soliciting, The Office of Inspector General (OIG) health care items or services receiving, offering or paying anything of issues Special Fraud Alerts based on (suppliers) 3 to patients that are referred value to induce referrals of items or information it obtains concerning either directly or indirectly by their services payable by a Federal health particular fraudulent or abusive physician-landlords. In this Special care program. Both parties to an practices within the health care Fraud Alert, we describe some of the impermissible kickback transaction are industry. Special Fraud Alerts are potentially illegal practices the OIG has liable. Violation of the statute intended for widespread dissemination identified in such rental relationships. constitutes a felony punishable by a to the health care provider community, maximum fine of $25,000, as well as those charged with Questionable Rental Arrangements for imprisonment up to five years, or both. administering the Medicare and Space in Physician Offices The OIG may also initiate Medicaid programs. To date, the OIG A number of suppliers that provide administrative proceedings to exclude has published in the Federal Register health care items or services rent space persons from Federal health care the texts of ten previously-issued in the offices of physicians or other programs or to impose civil money Special Fraud Alerts. 1 It is the OIG’s practitioners. Typically, most of the penalties for fraud, kickbacks and other intention to publish future Special items or services provided in the rented prohibited activities under sections Fraud Alerts in this same manner as a space are for patients, referred or sent, 1128(b)(7) and 1128A(a)(7) of the Act.4 regular part of our dissemination of either directly or indirectly, to the Suspect Rental Arrangements for Space such information. 2 supplier by the physician-landlord. In in Physician Offices In an effort to promote voluntary particular, we are aware of rental compliance in the health care industry arrangements between physician- The questionable features of suspect and assist providers in their compliance landlords and: rental arrangements for space in • efforts, the OIG has developed a Special Comprehensive outpatient physicians’ offices may be reflected in Fraud Alert, set forth below, that rehabilitation facilities (CORFs) that three areas: addresses potential problem areas with provide physical and occupational • The appropriateness of rental regard to the rental of space in therapy and speech-language pathology agreements; physicians’ offices by persons or entities services in physicians’ and other • The rental amounts; and to which physicians refer patients. practitioners’ offices; • Time and space considerations. • Mobile diagnostic equipment Among other things, this Special Fraud Below, we examine these suspect suppliers that perform diagnostic Alert addresses suspect rental areas, which separately or together may arrangements for space in physicians’ related tests in physicians’ offices; and • Suppliers of durable medical result in an arrangement that violates offices with regard to: (1) the equipment, prosthetics, orthotics and the anti-kickback statute, in order to appropriateness of rental agreements; (2) supplies (DMEPOS) that set up help identify questionable rental the rental amounts; and (3) time and ‘‘consignment closets’’ for their supplies arrangements between physicians and space considerations. A reprint of this in physicians’ offices. the suppliers to which they refer Special Fraud Alert follows. The OIG is concerned that in such patients. This list is not exhaustive, but arrangements, the rental payments may 1 See December 19, 1994 (59 FR 65372); August be disguised kickbacks to the physician- 4 Some of the arrangements identified as suspect 10, 1995 (60 FR 40847); June 17, 1996 (61 FR in this Special Fraud Alert may also implicate the 30623); April 24, 1998 (63 FR 20415); and January landlords to induce referrals. We have Ethics in Patient Referrals Act, also known as the 12, 1999 (64 FR 1813). Stark law (section 1877 of the Act). The 2 All OIG Special Fraud Alerts are also available 3 Persons or entities may be either suppliers or interpretation of the Stark law is under the on the internet at the OIG web site at http:// providers. For purposes of this Special Fraud Alert, jurisdiction of the Health Care Financing www.dhhs.gov/progorg/oig/frdalrt/index.htm. we will refer to such persons as suppliers. Administration (HCFA).

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9276 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices rather gives examples of indicators of • Rental amounts that vary with the space for an amount equivalent to eight potentially unlawful activity. number of patients or referrals; hours per week; • Rental arrangements that set a fixed Appropriateness of Rental Agreements • Non-exclusive occupancy of the rental fee per hour, but do not fix the rented portion of space. For example, a The threshold inquiry when number of hours or the schedule of physical therapist does not rent space in examining rental payments is whether usage in advance (i.e., ‘‘as needed’’ a physician’s office, but rather moves payment for rent is appropriate at all. arrangements); Payments of ‘‘rent’’ for space that • Rental amounts that are only paid if from examination room to examination traditionally has been provided for free there are a certain number of Federal room treating patients after they have or for a nominal charge as an health care program beneficiaries been seen by the physician. Since no accommodation between the parties for referred each month; and particular space is rented, we will the benefit of the physicians’ patients, • Rental amounts that are closely scrutinize the proration of time such as consignment closets for conditioned upon the supplier’s receipt and space used to calculate the DMEPOS, may be disguised kickbacks. of payments from a Federal health care therapist’s ‘‘rent.’’. In general, payments for rent of program. In addition, rental amount consignment closets in physicians’ Time and Space Considerations calculations should prorate rent based offices are suspect.5 on the amount of space and duration of Suppliers should only rent premises Rental Amounts time the premises are used. The basis of a size and for a time that is reasonable for any proration should be documented Rental amounts should be at fair and necessary for a commercially and updated as necessary. Depending market value, be fixed in advance and reasonable business purpose of the on the circumstances, the supplier’s rent not take into account, directly or supplier. Rental of space that is in can consist of three components: (1) indirectly, the volume or value of excess of suppliers’ needs creates a Exclusive office space; (2) interior office referrals or other business generated presumption that the payments may be common space; and (3) building between the parties. Fair market value a pretext for giving money to physicians common space. rental payments should not exceed the for their referrals. Examples of suspect amount paid for comparable property. arrangements include: 1. Apportionment of exclusive office Moreover, where a physician rents • Rental amounts for space that is space.—The supplier’s rent should be space, the rate paid by the supplier unnecessary or not used. For instance, calculated based on the ratio of the time should not exceed the rate paid by the a CORF requires one examination room the space is in use by the supplier to the physicians in the primary lease for their and rents physician office space one total amount of time the physician’s office space, except in rare afternoon a week when the physician is office is in use. In addition, the rent circumstances. Examples of suspect not in the office. The CORF calculates should be calculated based on the ratio arrangements include: its rental payment on the square footage of the amount of space that is used • Rental amounts in excess of for the entire office, since it is the only exclusively by the supplier to the total amounts paid for comparable property occupant during that time, even though amount of space in the physician’s rented in arms-length transactions the CORF only needs one examination office. For example, where a supplier between persons not in a position to room; rents an examination room for four refer business; • Rental amounts for time when the hours one afternoon per week in a • Rental amounts for subleases that rented space is not in use by the physician’s office that has four exceed the rental amounts per square supplier. For example, an ultrasound examination rooms of equal size and is foot in the primary lease; supplier has enough business to support open eight hours a day, five days per • Rental amounts that are subject to the use of one examination room for week, the supplier’s prorated annual modification more often than annually; four hours each week, but rents the rent would be calculated as follows:

Percent of physician Physician office rent per office space rented by Percent of each day No. of days rented by day supplier rented by supplier supplier per year

Annual rent of primary × Sq. ft. exclusively oc- × 4 hours ÷ 8 hours ...... × 52 days (i.e., ÷ 1 day = Supplier's annual rent lease ÷ no. of work cupied by supplier ÷ per week). for exclusive space days per year. total office sq. ft.

2. Apportionment of interior office apportioned among all physicians and space) occupied by all persons using common space.—When permitted by subtenants that use the interior office such common space. applicable regulations, rental payments common space based on the amount of 3. Apportionment of building may also cover the interior office non-common space they occupy and the common space.—Where the physician common space in physicians’ offices duration of such occupation. Payment pays a separate charge for areas of a that are shared by the physicians and for the use of office common space building that are shared by all tenants, any subtenants, such as waiting rooms. should not exceed the supplier’s pro such as building lobbies, it may be If suppliers use such common areas for rata share of the charge for such space appropriate for the supplier to pay a prorated portion of such charge. As with their patients, it may be appropriate for based upon the ratio of the space used interior office common space, the cost of the suppliers to pay a prorated portion exclusively by the supplier to the total the building common space must be of the charge for such space. The charge amount of space (other than common apportioned among all physicians and for the common space must be subtenants based on the amount of non-

5 This Special Fraud Alert does not address the arrangements under HCFA’s DMEPOS supplier supplier standards is a matter under HCFA’s appropriateness of consignment closet standards. The interpretation of the DMEPOS jurisdiction.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9277 common space they occupy and the term of the agreement and specifies the Arrangements for office equipment or duration of such occupation. For premises covered by the agreement. personal services of physicians’ office instance, in the example in number one • If the agreement is intended to staff can also be structured to comply above, the supplier’s share of the provide the lessee with access to the with the equipment rental safe harbor additional levy for building common premises for periodic intervals of time and personal services and management space could not be split 50/50. rather than on a full-time basis for the contracts safe harbor. (See 42 CFR 1001.952(c) and (d), as amended by 64 The Space Rental Safe Harbor Can term of the rental agreement, the rental FR 63518 (November 19, 1999)). Protect Legitimate Arrangements agreement specifies exactly the schedule of such intervals, their precise length, Specific equipment used should be We strongly recommend that parties and the exact rent for such intervals. identified and documented and to rental agreements between physicians payment limited to the prorated portion • The term of the rental agreement is and suppliers to whom the physicians of its use. Similarly, any services for not less than one year. refer or for which physicians otherwise provided should be documented and • generate business make every effort to The aggregate rental charge is set in payment should be limited to the time comply with the space rental safe harbor advance, is consistent with fair market actually spent performing such services. to the anti-kickback statute. (See 42 CFR value in arms-length transactions, and is 1001.952(b), as amended by 64 FR not determined in a manner that takes What To Do If You Have Information 63518 (November 19, 1999)). When an into account the volume or value of any About Fraud and Abuse Against arrangement meets all of the criteria of referrals or business otherwise Medicare or Medicaid Programs a safe harbor, the arrangement is generated between the parties for which If you have information about immune from prosecution under the payment may be made in whole or in physicians, DMEPOS suppliers, CORFs anti-kickback statute. The following are part under Medicare or a State health or other suppliers engaging in any of the the safe harbor criteria, all of which care program. activities described above, contact any must be met: • The aggregate space rented does not of the regional offices of the Office of • The agreement is set out in writing exceed that which is reasonably Investigations of the Office of Inspector and signed by the parties. necessary to accomplish the General, U.S. Department of Health and • The agreement covers all of the commercially reasonable business Human Services, at the following premises rented by the parties for the purpose of the rental. locations:

Field offices States served Telephone

Boston ...... MA, VT, NH, ME, RI, CT ...... 617±565±2664 New York ...... NY, NJ, PR, VI ...... 212±264±1691 Philadelphia ...... PA, MD, DE, WV, VA, DC ...... 215±861±4586 Atlanta ...... GA, KY, NC, SC, FL, TN, AL, MS ...... 404±562±7603 Chicago ...... IL, MN, WI, MI, IN, OH, IA ...... 312±353±2740 Dallas ...... TX, NM, OK, AR, LA, CO, UT, WY, MT, ND, SD, NE, KS, MO ...... 214±767±8406 Los Angeles ...... AZ, NV, So. CA ...... 714±246±8302 San Francisco ...... No. CA, AK, HI, OR, ID, WA ...... 415±437±7961

Dated: February 16, 2000. individuals associated with the grant Cancer Control, National Institutes of Health, June Gibbs Brown, applications, the disclosures of which HHS) Inspector General. would constitute a clearly unwarranted February 16, 2000. [FR Doc. 00–4212 Filed 2–22–00; 8:45 am] invasion of personal privacy. LaVerne Y. Stringfield, BILLING CODE 4150±01±U Name of Committee: National Cancer Director, Office of Federal Advisory Institute Special Emphasis Panel, Cancer Committee Policy. Intervention and Surveillance Modeling [FR Doc. 00–4299 Filed 2–23–00; 8:45 am] DEPARTMENT OF HEALTH AND Network (CISNET). BILLING CODE 4140±01±M HUMAN SERVICES Date: March 30–31, 2000. Time: 8 a.m. to 5 p.m. National Institutes of Health Agenda: To review and evaluate grant DEPARTMENT OF HEALTH AND applications. HUMAN SERVICES National Cancer Institute; Notice of Place: Double Tree Hotel, 1750 Rockville Closed Meeting Pike, Rockville, MD 20852. National Institutes of Health Contact Person: Lalita D. Palekar, PhD. Pursuant to section 10(d) of the Scientific Review Administrator, Special National Cancer Institute; Notice of Federal Advisory Committee Act, as Review, Referral and Resources Branch, Closed Meeting amended (5 U.S.C. Appendix 2), notice Division of Extramural Activities, National is hereby given of the following Cancer Institute, National Institutes of Pursuant to section 10(d) of the meeting. Health, 6116 Executive Boulevard, Room Federal Advisory Committee Act, as The meeting will be closed to the 8066, Bethesda, MD 20892–7405, 301/496– amended (5 U.S.C. Appendix 2), notice 7575. public in accordance with the is hereby given of the following provisions set forth in sections (Catalogue of Federal Domestic Assistance meeting. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Program Nos. 93.392, Cancer Construction; The meeting will be closed to the 93.393, Cancer Cause and Prevention as amended. The grant applications and Research; 93.394, Cancer Detection and public in accordance with the the discussions could disclose Diagnosis Research; 93.395, Cancer provisions set forth in sections confidential trade secrets or commercial Treatment Research; 93.396, Cancer Biology 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., property such as patentable material, Research; 93.397, Cancer Centers Support; as amended. The grant applications and and personal information concerning 93.398, Cancer Research Manpower; 93.399, the discussions could disclose

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00041 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9278 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices confidential trade secrets or commercial Date: March 13, 2000. Contact Person: C.M. Kerwin, PhD, property such as patentable material, Time: 1 p.m. to 5 pm. Scientific Review Administrator, Special and personal information concerning Agenda: To review and evaluate contract Review, Referral and Resources Branch, individuals associated with the grant proposals. Division of Extramural Activities, National Place: 6116 Executive Boulevard, Cancer Institute, National Institutes of applications, the disclosure of which Rockville, MD 20892, (Telephone Conference Health, 6116 Executive Boulevard, Room would constitute a clearly unwarranted Call). 8086, Rockville, MD 20892–7405, 301/496– invasion of personal privacy. Contact Person: C.M. Kerwin, PhD, 7421. Name of Committee: National Cancer Scientific Review Administrator, Special This notice is being published less than 15 Institute Special Emphasis Panel, Training Review, Referral and Resources Branch, days prior to the meeting due to the Grants. Division of Extramural Activities, National limitations imposed by the review and Date: March 22, 2000. Cancer Institute, National Institutes of health, funding cycle. Time: 12 p.m. to 2 p.m. 6116 Executive Boulevard, Room 8086, (Catalogue of Federal Domestic Assistance Agenda: To review and evaluate grant Rockville, MD 20892–7405, 301/496–7421. Program Nos. 93.392, Cancer Construction; applications. This notice is being published less than 15 93.393, Cancer Cause and Prevention Place: Georgetown Holiday Inn, 2101 days prior to the meeting due to the timing Research; 93.394, Cancer Detection and Wisconsin Ave, NW, Washington, DC 20007. limitations imposed by the review and Diagnosis Research; 93.395, Cancer Contact Person: David E. Maslow, PhD, funding cycle. Treatment Research; 93.396, Cancer Biology Scientific Review Administrator, Grants (Catalogue of Federal Domestic Assistance Research; 93.397, Cancer Centers Support; Review Branch, Division of Extramural Program Nos. 93.392, Cancer Construction; 93.398, Cancer Research Manpower; 93.399, Activities, National Cancer Institute, National 93.393, Cancer Cause and Prevention Cancer Control, National Institutes of Health, Institutes of Health, 6116 Executive Research; 93.394, Cancer Detection and HHS) Boulevard—Room 8054, Bethesda, MD Diagnosis Research; 93.395, Cancer Dated: February 16, 2000. 20892–7405, 301/496–2330. Treatment Research; 93.396, Cancer Biology (Catalogue of Federal Domestic Assistance Research; 93.397, Cancer Centers Support; LaVerne Y. Stringfield, Program Nos. 93.392, Cancer Construction; 93.398, Cancer Research Manpower; 93.399, Director, Office of Federal Advisory 93.393, Cancer Cause and Prevention Cancer Control, National Institutes of Health, Committee Policy. Research; 93.394, Cancer Detection and HHS) [FR Doc. 00–4302 Filed 2–23–00; 8:45 am] Diagnosis Research; 93.395, Cancer Dated: February 16, 2000. BILLING CODE 4140±01±M Treatment Research; 93.396, Cancer Biology LaVerne Y. Stringfield, Research; 93.397, Cancer Centers Support; Director, Office of Federal Advisory 93.398, Cancer Research Manpower; 93.399, DEPARTMENT OF HEALTH AND Cancer Control, National Institutes of Health, Committee Policy. HHS) [FR Doc. 00–4301 Filed 2–23–00; 8:45 am] HUMAN SERVICES Dated: February 16, 2000. BILLING CODE 4140±01±M National Institutes of Health LaVerne Y. Stringfield, Director, Office of Federal Advisory National Cancer Institute; Notice of DEPARTMENT OF HEALTH AND Closed Meeting Committee Policy. HUMAN SERVICES [FR Doc. 00–4300 Filed 2–23–00; 8:45 am] Pursuant to section 10(d) of the BILLING CODE 4140±01±M National Institutes of Health Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice National Cancer Institute; Notice of is hereby given of the following DEPARTMENT OF HEALTH AND Closed Meeting meeting. HUMAN SERVICES The meeting will be closed to the Pursuant to section 10(d) of the public in accordance with the National Institutes of Health Federal Advisory Committee Act, as provisions set forth in sections amended (5 U.S.C. Appendix 2), notice 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Cancer Institute; Notice of hereby given of the following meeting. as amended. The contract proposals and Closed Meeting The meeting will be closed to the the discussions could disclose public in accordance with the Pursuant to section 10(d) of the confidential trade secrets or commercial provisions set forth in sections Federal Advisory Committee Act, as property such as material, and personal 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., amended (5 U.S.C. Appendix 2), notice information concerning individuals as amended. The contract proposals and is hereby given of the following associated with the contract proposals, the discussions could disclose meeting. the disclosure of which would confidential trade secrets or commercial The meeting will be closed to the constitute a clearly unwarranted property such as patentable material, public in accordance with the invasion of personal privacy. provisions set forth in sections and personal information concerning individuals associated with the contract Name of Committee: National Cancer 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Institute Special Emphasis Panel, as amended. The contract proposals and proposals, the disclosure of which would constitute a clearly unwarranted Neuropsychological Testing for Children and the discussions could disclose Adult with Chronic Medical Illness. confidential trade secrets or commercial invasion of personal privacy. Date: March 9, 2000. property such as patentable material, Name of Committee: National Cancer Time: 1 p.m. to 5 p.m. and personal information concerning Institute Special Emphasis Panel, SBIR Topic Agenda: To review and evaluate contract individuals associated with the contract 179—Encoding Surgical Pathology Data into proposals. proposals, the disclosure of which Standard Nomenclature within XML. Place: National Institutes of Health, would constitute a clearly unwarranted Date: March 10, 2000. National Cancer Institute, 6130 Executive Time: 1 p.m. to 5 p.m. Blvd—Conference Room E, Rockville, MD invasion of personal privacy. Agenda: To review and evaluate contract 20852, (Telephone Conference Call). Name of Committee: National Cancer proposals. Contact Person: Joyce C. Pegues, PhD, Institute Special Emphasis Panel, SBIR Topic Place: 6116 Executive Boulevard, Scientific Review Administrator, Special 178—Chemical Diversity-Based Methods Rockville, MD 20892, (Telephone Conference Review, Referral, and Resources Branch, Identifying New Tumor Markers or Probes. Call). Division of Extramural Activities, National

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00042 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9279

Cancer Institute, 6116 Executive Boulevard, limitations imposed by the review and Research Infrastructure, National Institutes of Room 8084, Bethesda, MD 20892, 301/594– funding cycle. Health, HHS) 1286. (Catalogue of Federal Domestic Assistance Dated: February 14, 2000. This notice is being published less than 15 Program Nos. 93.392, Cancer Construction; Anna P. Snouffer, days prior to the meeting due to the timing 93.393, Cancer Cause and Prevention limitations imposed by the review and Research; 93.394, Cancer Detection and Deputy Director, Office of Federal Advisory funding cycle. Diagnosis Research; 93.395, Cancer Committee Policy. (Catalogue of Federal Domestic Assistance Treatment Research; 93.396, Cancer Biology [FR Doc. 00–4294 Filed 2–23–00; 8:45 am] Program Nos. 93.392, Cancer Construction; Research; 93.397, Cancer Centers Support, BILLING CODE 4140±01±M 93.393, Cancer Cause and Prevention 93.398, Cancer Research Manpower; 93.399, Research; 93.394, Cancer Detection and Cancer Control, National Institutes of Health, Diagnosis Research; 93.395, Cancer HHS) DEPARTMENT OF HEALTH AND Treatment Research; 93.396, Cancer Biology Dated: February 16, 2000. HUMAN SERVICES Research; 93.397, Cancer Centers Support; LaVerne Y. Stringfield, 93.398, Cancer Research Manpower; 93.399, National Institutes of Health Cancer Control, National Institutes of Health, Director, Office of Federal Advisory Committee Policy. HHS) National Heart, Lung, and Blood February 16, 2000. [FR Doc. 00–4304 Filed 2–23–00; 8:45 am] Institute; Notice of Closed Meeting LaVerne Y. Stringfield, BILLING CODE 4140±01±M Director, Office of Federal Advisory Pursuant to section 10(d) of the Federal Advisory Committee Act, as Committee Policy. DEPARTMENT OF HEALTH AND [FR Doc. 00–4303 Filed 2–23–00; 8:45 am] amended (5 U.S.C. Appendix 2), notice HUMAN SERVICES is hereby given of the following BILLING CODE 4140±01±M National Institutes of Health meeting. The meeting will be closed to the DEPARTMENT OF HEALTH AND National Center for Research public in accordance with the HUMAN SERVICES Resources; Notice of Closed Meeting provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institutes of Health Pursuant to section 10(d) of the as amended. The grant applications and Federal Advisory Committee Act, as the discussions could disclose National Cancer Institute; Notice of amended (5 U.S.C. Appendix 2), notice confidential trade secrets or commercial Closed Meeting is hereby given of the following property such as patentable material, meeting. and personal information concerning Pursuant to section 10(d) of the The meeting will be closed to the individuals associated with the grant Federal Advisory Committee Act, as public in accordance with the applications, the disclosure of which amended (5 U.S.C. Appendix 2), notice provisions set forth in sections would constitute a clearly unwarranted is hereby given of the following 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., invasion of personal privacy. meeting. as amended. The grant applications and The meeting will be closed to the the discussions could disclose Name of Committee: National Heart, Lung, public in accordance with the confidential trade secrets or commercial and Blood Institute Special Emphasis Panel, provisions set forth in sections property such as patentable material, Mentored Clinical Scientist Development Award. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., and personal information concerning as amended. The contract proposals and Date: February 25, 2000. individuals associated with the grant Time: 1 p.m. to 4 p.m. the discussions could disclose applications, the disclosure of which confidential trade secrets or commercial Agenda: To review and evaluate grant would constitute a clearly unwarranted applications. property such as patentable material, invasion of person privacy. Place: 6701 Rockledge Drive, Room 5110, and personal information concerning Name of Committee: National Center for Bethesda, MD 20892, (Telephone Conference individuals associated with the contract Call). proposals, the disclosure of which Research Resources, Special Emphasis Panel, Comparative Medicine. Contact Person: Eric H. Brown, PhD, would constitute a clearly unwarranted Date: February 29, 2000. Scientific Review Administrator, NIH, invasion of personal privacy. Time: 1 p.m. to 3 p.m. NHLBI, DEA, Rockledge Building II, 6701 Rockledge Drive, Suite 7204, Bethesda, MD Name of Committee: National Cancer Agenda: To review and evaluate grant applications. 20892–7924, (301) 435–0299, Institute Special Emphasis Panel, SBIR Topic [email protected]. 175—In Vitro Toxicity Evaluation of Anti Place: Office of Review, National Center for Research Resources, 6705 Rockledge Drive, This notice is being published less than 15 Cancer Agents. days prior to the meeting due to the timing Date: February 22, 2000. Bethesda, MD 20892, (Telephone Conference Call). limitations imposed by the review and Time: 1 p.m. to 5 p.m. funding cycle. Agenda: To review and evaluate contract Contact Person: Camille M. King, PhD, proposals. Scientific Review Administrator, Office of (Catalogue of Federal Domestic Assistance Place: 6116 Executive Boulevard, 8th Review, National Center for Research Program Nos. 93.233, National Center for Floor, Bethesda, MD 20892, (Telephone Resources, National Institutes of Health, One Sleep Disorders Research; 93.837, Heart and Conference Call). Rockledge Drive, Room 6108, 6705 Rockledge Vascular Diseases Research; 93.838, Lung Contact Person: C.M. Kerwin, PhD, Drive, MSC 7965, Bethesda, MD 20892–7965, Diseases Research; 93.839, Blood Diseases Scientific Review Administrator, Special 301–435–0815, [email protected]. and Resources Research, National Institutes Review, Referral and Resources Branch, This notice is being published less than 15 of Health, HHS) Division of Extramural Activities, National days prior to the meeting due to the timing Dated: February 15, 2000. limitations imposed by the review and Cancer Institute, National Institutes of LaVerne Y. Stringfield, Health, 6116 Executive Boulevard, Room funding cycle. 8086, Rockville, MD 20892–7405, 301/496– (Catalogue of Federal Domestic Assistance Director, Office of Federal Advisory 7421. Program Nos. 93.306, Comparative Medicine, Committee Policy. This notice is being published less than 15 93.306; 93.333, Clinical Research, 93.333; [FR Doc. 00–4308 Filed 2–23–00; 8:45 am] days prior to the meeting due to the timing 93.371, Biomedical Technology; 93.389, BILLING CODE 4140±01±M

VerDate 162000 18:24 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm04 PsN: 24FEN1 9280 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

DEPARTMENT OF HEALTH AND provisions set forth in sections individuals associated with the contract HUMAN SERVICES 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., proposals, the disclosure of which as amended. The grant applications and would constitute a clearly unwarranted National Institutes of Health the discussions could disclose invasion of personal privacy. confidential trade secrets or commercial Name of Committee: National Institute of National Heart, Lung, and Blood property such as patentable material, Institute; Notice of Closed Meeting Neurological Disorders and Stroke Special and personal information concerning Emphasis Panel. Pursuant to section 10(d) of the individuals associated with the grant Date: March 14, 2000. Federal Advisory Committee Act, as applications, the disclosure of which Time: 2 p.m. to 4 p.m. amended (5 U.S.C. Appendix 2), notice would constitute a clearly unwarranted Agenda: To review and evaluate contract invasion of personal privacy. proposals. is hereby given of the following Place: Neuroscience Center, National Name of Committee: Minority Programs meeting. Institutes of Health, 6001 Executive Blvd., Review Committee, MARC Review The meeting will be closed to the Bethesda, MD 20892, (Telephone Conference Subcommittee A. public in accordance with the Call). Date: February 22–23, 2000. Contact Person: Phillip F. Wiethorn, provisions set forth in sections Time: February 22, 2000, 8:30 a.m. to 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., 5 p.m. Scientific Review Administrator, Scientific as amended. The grant applications and Agenda: To review and evaluate grant Review Branch, NINDS/NIH/DHHS, the discussions could disclose applications. Neuroscience Center, 6001 Executive Blvd., confidential trade secrets or commercial Place: Natcher Building, Conference Room Suite 3208, MSC 9529, Bethesda, MD 20892– 9529, 301–496–9223. property such as patentable material, D, 45 Center Drive, Bethesda, MD 20892. and personal information concerning Contact Person: Richard I. Martinez, PhD, (Catalogue of Federal Domestic Assistance Scientific Review Administrator, Office of Program Nos. 93.853, Clinical Research individuals associated with the grant Scientific Review, National Institute of Related to Neurological Disorders; 93.854, applications, the disclosure of which General Medical Sciences, National Institutes Biological Basis Research in the would constitute a clearly unwarranted of Health, Natcher Building, Room 1AS–19C, Neurosciences, National Institutes of Health, invasion of personal privacy. Bethesda, MD 20892–6200, (301) 594–2894. HHS) This notice is being published less than 15 Name of Committee: National Heart, Lung, Dated: February 14, 2000. and Blood Institute Special Emphasis Panel, days prior to the meeting due to the timing limitations imposed by the review and LaVerne Stringfield, CHD in Polycystic Ovary Syndrome funding cycle. Director, Office of Federal Advisory (SCHIPS). Committee Policy. Date: March 6, 2000. (Catalogue of Federal Domestic Assistance Time: 8 a.m. to 1 p.m. Program Nos. 93.375, Minority Biomedical [FR Doc. 00–4295 Filed 2–23–00; 8:45 am] Agenda: To review and evaluate grant Research Support; 93.821, Cell Biology and BILLING CODE 4140±01±M applications. Biophysics Research; 93.859, Pharmacology, Place: Holiday Inn Bethesda, 8120 Physiology, and Biological Chemistry Wisconsin Ave, Bethesda, MD 20814. Research; 93.862, Genetics and DEPARTMENT OF HEALTH AND Developmental Biology Research; 93.88, Contact Person: Valerie L. Prenger, PhD, HUMAN SERVICES Health Science Administrator, NIH, NHLBI, Minority Access to Research Careers; 93.96, Special Minority Initiatives, National DEA, Review Branch, Rockledge Center II, Institutes of Health, HHS) National Institutes of Health 6701 Rockledge Drive, Suite 7198, Bethesda, MD 20892-7924, (301) 435–0297. Dated: February 14, 2000. National Institute of Arthritis and (Catalogue of Federal Domestic Assistance Anna P. Snouffer, Musculoskeletal and Skin Diseases; Program Nos. 93.233, National Center for Deputy Director, Office of Federal Advisory Notice of Closed Meeting Sleep Disorders Research; 93.837, Heart and Committee Policy. Vascular Diseases Research; 93.838, Lung [FR Doc. 00–4293 Filed 2–23–00; 8:45 am] Pursuant to section 10(d) of the Diseases Research; 93.839, Blood Diseases Federal Advisory Committee Act, as BILLING CODE 4140±01±M and Resources Research, National Institutes amended (5 U.S.C. Appendix 2), notice of Health, HHS) is hereby given of the following Dated: February 15, 2000. DEPARTMENT OF HEALTH AND meeting. LaVerne Y. Stringfield, HUMAN SERVICES The meeting will be closed to the Director, Office of Federal Advisory public in accordance with the Committee Policy. National Institutes of Health provisions set forth in sections [FR Doc. 00–4309 Filed 2–23–00; 8:45 am] 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., National Institute of Neurological BILLING CODE 4140±01±M as amended. The grant applications and Disorders and Stroke; Notice of Closed the discussions could disclose Meeting confidential trade secrets or commercial DEPARTMENT OF HEALTH AND Pursuant to section 10(d) of the property such as patentable material, HUMAN SERVICES Federal Advisory Committee Act, as and personal information concerning amended (5 U.S.C. Appendix 2), notice individuals associated with the grant National Institutes of Health is hereby given of the following applications, the disclosure of which meeting. would constitute a clearly unwarranted National Institute of General Medical invasion of personal privacy. Science; Notice of Closed Meeting The meeting will be closed to the public in accordance with the Name of Committee: Arthritis and Pursuant to section 10(d) of the provisions set forth in sections Musculoskeletal and Skin Diseases Special Federal Advisory Committee Act, as 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Grants Review Committee. Date: March 7, 2000. amended (5 U.S.C. Appendix 2), notice as amended. The contract proposals and Time: 8 a.m. to 5 pm is hereby given of the following the discussions could disclose Agenda: To review and evaluate grant meeting. confidential trade secrets or commercial applications. The meeting will be closed to the property such as patentable material, Place: Bethesda Residence Inn, 7335 public in accordance with the and personal information concerning Wisconsin Avenue, Bethesda, MD 20814.

VerDate 162000 18:24 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm04 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9281

Contract Person: John R. Lymangrover, Dated: February 16, 2000. Dated: February 15, 2000. PhD, Scientific Review Administrator, LaVerne Y. Stringfield, LaVerne Y. Stringfield, National Institutes of Health, NIAMS, Director, Office of Federal Advisory Director, Office of Federal Advisory Natcher Bldg., Room 5As25N, Bethesda, MD Committee Policy. Committee Policy. 20892, 301–594–4952. [FR Doc. 00–4298 Filed 2–23–00; 8:45 am] [FR Doc. 00–4306 Filed 2–23–00; 8:45 am] (Catalogue of Federal Domestic Assistance BILLING CODE 4140±01±M BILLING CODE 4140±01±M Program Nos. 93.846, Arthritis, Musculoskeletal and Skin Diseases Research, National Institutes of Health, HHS). DEPARTMENT OF HEALTH AND DEPARTMENT OF HEALTH AND Dated: February 16, 2000. HUMAN SERVICES HUMAN SERVICES LaVerne Y. Stringfield, National Institutes of Health National Institutes of Health Director, Office of Federal Advisory Committee Policy. National Institute of Environmental National Institute of Environmental Health Sciences; Notice of Closed [FR Doc. 00–4297 Filed 2–23–00; 8:45 am] Health Sciences; Notice of Closed Meetings BILLING CODE 4140±01±M Meeting Pursuant to section 10(d) of the Pursuant to section 10(d) of the Federal Advisory Committee Act, as DEPARTMENT OF HEALTH AND Federal Advisory Committee Act, as amended (5 U.S.C. Appendix 2), notice HUMAN SERVICES amended (5 U.S.C. Appendix 2), notice is hereby given of the following is hereby given of the following National Institutes of Health meetings. meeting. The meetings will be closed to the National Institute of General Medical The meeting will be closed to the public in accordance with the Sciences; Notice of Closed Meeting public in accordance with the provisions set forth in sections provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Pursuant to section 10(d) of the 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and Federal Advisory Committee Act, as as amended. The grant applications and the discussions could disclose amended (5 U.S.C. Appendix 2), notice the discussions could disclose confidential trade secrets or commercial is hereby given of the following confidential trade secrets or commercial property such as patentable material, meeting. property such as patentable material, and personal information concerning and personal information concerning individuals associated with the grant The meeting will be closed to the applications, the disclosure of which public in accordance with the individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted provisions set forth in sections invasion of personal privacy. 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., would constitute a clearly unwarranted as amended. The grant applications and invasion of personal privacy. Name of Committee: National Institute of Environmental Health Sciences Special Name of Committee: National Institute of the discussions could disclose Emphasis Panel, Environment and GLI Genes confidential trade secrets or commercial Environmental Health Sciences Special in Normal Development and Disease. property such as patentable material, Emphasis Panel, Metal lon Homeostasis in Date: March 7–9, 2000. and personal information concerning Environmental Health (Program Project Time: March 7, 2000, 7 p.m. to individuals associated with the grant Grants). Adjournment. applications, the disclosure of which Date: February 16–18, 2000. Agenda: To review and evaluate grant would constitute a clearly unwarranted Time: 7 p.m. to 12 p.m. applications. invasion of personal privacy. Agenda: To review and evaluate grant Place: Belden-Stratford Hotel, 2300 applications. Lincoln Park West, Chicago, IL 60614. Name of Committee: National Institute of Place: Holiday Inn Select at University Time: March 8, 2000, 8:30 a.m. to 5 p.m. General Medical Sciences Special Emphasis Center, 100 Lytton Avenue, Pittsburgh, PA Agenda: To review and evaluate grant Panel MPRC B Special Emphasis Panel. 15213. applications. Date: March 17, 2000. Contact Person: Ethel B. Jackson, DDS, Place: Belden-Stratford Hotel, 2300 Time: 9 a.m. to 3 p.m. Chief, Scientific Review Branch, Nat’l Lincoln Park West, Chicago, IL 60614. Agenda: To review and evaluate grant Institute of Environmental Health Sciences, Time: March 9, 2000, 8:30 a.m. to 12 p.m. applications. PO Box 12233 MD EC–24, Research Triangle Agenda: To review and evaluate grant Place: Holiday Inn—Bethesda 8120 Park, NC 27709, (919) 541–7826. applications. Place: Belden-Stratford Hotel, 2300 Wisconsin Avenue, Bethesda, MD 20814. This notice is being published less than 15 Contact Person: Rebecca H. Hackett, PhD, Lincoln Park West, Chicago, IL 60614. days prior to the meeting due to the timing Contact Person: J. Patrick Mastin, PhD, Office of Scientific Review, National Institute limitations imposed by the review and Scientific Review Administrator, NIEHS, P.O. of General Medical Sciences, National funding cycle. Box 12233 MD EC–24, Research Triangle Institutes of Health, Natcher Building, Room (Catalogue of Federal Domestic Assistance Park, NC 27709, (919) 541–1446. 1AS19J, Bethesda, MD 20892, (301) 594– Program Nos. 93.113, Biological Response to This notice is being published less than 15 2771, [email protected]. Environmental Health Hazards; 93.114, days prior to the meeting due to the timing (Catalogue of Federal Domestic Assistance Applied Toxicological Research and Testing; limitations imposed by the review and Program Nos. 93.375, Minority Biomedical 93.115, Biometry and Risk Estimation— funding cycle. Research Support; 93.821, Cell Biology and Health Risks from Environmental Exposures; Name of Committee: National Institute of Environmental Health Sciences Special Biophysics Research; 93.859, Pharmacology, 93.142, NIEHS Hazardous Waste Worker Emphasis Panel RFA ES00–003 The Role of Physiology, and Biological Chemistry Health and Safety Training; 93.143, NIEHS the Environment in Parkinson’s Disease: Research; 93.862, Genetics and Superfund Hazardous Substances—Basic Career Development Programs. Developmental Biology Research; 93.88, Research and Education; 93.894, Resources Date: March 30, 2000. Minority Access to Research Careers; 93.96, and Manpower Development in the Time: 1 p.m. to 2:30 p.m. Special Minority Initiatives, National Environmental Health Sciences, National Agenda: To review and evaluate grant Institutes of Health, HHS) Institutes of Health, HHS) applications.

VerDate 162000 18:24 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm04 PsN: 24FEN1 9282 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Place: NIEHS–East Campus, Building 4401, The meetings will be closed to the Place: Holiday Inn Georgetown, Conference Room 122, 79 Alexander Drive, public in accordance with the Kaleidoscope Room, 2101 Wisconsin Research Triangle Park, NC 27709, provisions set forth in sections Avenue, Washington, DC 20007. (Telephone Conference Call). 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., Contact Person: Bruce Maurer, PhD, Contact Person: Linda K. Bass, PhD, Scientific Review Administrator, Center for Scientific Review Administrator, NIEHS, PO as amended. The grant applications and Scientific Review, National Institutes of Box 12233 EC–24, Research Triangle Park, the discussions could disclose Health, 6701 Rockledge Drive, Room 5102, NC 27709, (919) 541–1307. confidential trade secrets or commercial MSC 7852, Bethesda, MD 20892, (301) 435– (Catalogue of Federal Domestic Assistance property such as patentable material, 1187. Program Nos. 93.113, Biological Response to and personal information concerning This notice is being published less than 15 days prior to the meeting due to the timing Environmental Health Hazards; 93.114, individuals associated with the grant limitations imposed by the review and Applied Toxicological Research and Testing; applications, the disclosure of which funding cycle. 93.115, Biometry and Risk Estimation— would constitute a clearly unwarranted Name of Committee: Center for Scientific Health Risks from Environmental Exposures; invasion of personal privacy. Review Special Emphasis Panel. 93.142, NIEHS Hazardous Waste Worker Date: March 1, 2000. Health and Safety Training; 93.143, NIEHS Name of Committee: Immunological Sciences Initial Review Group, Time: 3 a.m. to 4 p.m. Superfund Hazardous Substances—Basic Agenda: To review and evaluate grant Research and Education; 93.894, Resources Immunological Sciences Study Section. Date: March 1–2, 2000. applications. and Manpower Development in the Place: NIH, Rockledge 2, Bethesda, MD Environmental Health Sciences, National Time: 8 a.m. to 3 p.m. Agenda: To review and evaluate grant 20892, (Telephone Conference Call). Institutes of Health, HHS) applications. Contact Person: Anita Miller Sostek, PhD, Dated: February 16, 2000. Place: Holiday Inn Mission Bay/Sea World Scientific Review Administrator, Center for LaVerne Y. Stringfield, Area, 3737 Sports Arena Blvd., San Diego, Scientific Review, National Institutes of Health, 6701 Rocklege Drive, Room 3176, Director, Office of Federal Advisory CA 92110. Contact Person: Alexander D. Politis, PhD, MSC 7848, Bethesda, MD 20892, (301) 435– Committee Policy. Scientific Review Administrator, Center for 1260. [FR Doc. 00–4307 Filed 2–23–00; 8:45 am] Scientific Review, National Institutes of This notice is being published less than 15 BILLING CODE 4140±01±M Health, 6701 Rockledge Drive, Room 4204, days prior to the meeting due to the timing MSC 7812, Bethesda, MD 20892, (301) 435– limitations imposed by the review and 1225. funding cycle. DEPARTMENT OF HEALTH AND This notice is being published less than 15 Name of Committee: Center for Scientific HUMAN SERVICES days prior to the meeting due to the timing Review Special Emphasis Panel. limitations imposed by the review and Date: March 1–3, 2000. National Institutes of Health funding cycle. Time: 8 a.m. to 10:30 a.m. Name of Committee: Center for Scientific Agenda: To review and evaluate grant Review Special Emphasis Panel. applications. Center for Scientific Review; Amended Place: Argonne Guest House, Argonne Notice of Meeting Date: March 1–2, 2000. Time: 8 a.m. to 5 p.m. National Laboratory, 9700 South Cass Notice is hereby given of a change in Agenda: To review and evaluate grant Avenue—Bldg 460, Argonne, IL 60439. Contact Person: Mike Radtke, PhD, the meeting of the Microbial Physiology applications. Place: Hyatt Regency Suites, 285 North Scientific Review Administrator, Center for and Genetics Subcommittee 1, February Palm Canyon Drive, Palm Springs, CA 92262. Scientific Review, National Institutes of 23, 2000, 8:30 a.m. to February 24, 2000, Contact Person: Ranga V. Srinivas, PhD, Health, 6701 Rockledge Drive, Room 4176, 6:00 p.m., One Washington Circle Hotel, Scientific Review Administrator, Center for MSC 7806, Bethesda, MD 20892, (301) 435– Conference Center, One Washington Scientific Review, National Institutes of 1728. Circle, Washington, DC, 20037 which Health, 6701 Rockledge Drive, Room 5108, This notice is being published less than 15 was published in the Federal Register MSC 7852, Bethesda, MD 20892, (301) 435– days prior to the meeting due to the timing on February 9, 2000, 65 FR 6384. 1167, [email protected]. limitations imposed by the review and The meeting will be held on February This notice is being published less than 15 funding cycle. days prior to the meeting due to the timing Name of Committee: Center for Scientific 24–25, 2000. The time and place remain limitations imposed by the review and Review Special Emphasis Panel, SBIRS. the same. The meeting is closed to the funding cycle. Date: March 2–3, 2000. public. Name of Committee: Center for Scientific Time: 8 a.m. to 5 p.m. Dated: February 16, 2000. Review Special Emphasis Panel. Agenda: To review and evaluate grant Date: March 1–2, 2000. applications. LaVerne Y. Stringfield, Time: 8 a.m. to 2 p.m. Place: The Westin Grand Hotel, 2350 M Director, Office of Federal Advisory Agenda: To review and evaluate grant Street, NW, Washington, DC 20037. Committee Policy. applications. Contact Person: Marjam G. Behar, Phd, [FR Doc. 00–4296 Filed 2–23–00; 8:45 am] Place: Holiday Inn, Palm Springs, CA Scientific Review Administrator, Center for BILLING CODE 4140±01±M 92262. Scientific Review, National Institutes of Contact Person: Sami A. Mayyasi, PhD, Health, 6701 Rockledge Drive, Room 4178, Scientific Review Administrator, Center for MSC 7806, (301) 435–1180. DEPARTMENT OF HEALTH AND Scientific Review, National Institutes of This notice is being published less than 15 Health, 6701 Rockledge Drive, Room 5106, days prior to the meeting due to the timing HUMAN SERVICES MSC 7852, Bethesda, MD 20892, (301) 435– limitations imposed by the review and 1166, [email protected]. funding cycle. National Institutes of Health This notice is being published less than 15 Name of Committee: Center for Scientific days prior to the meeting due to the timing Review Special Emphasis Panel. Center for Scientific Review; Notice of limitations imposed by the review and Date: March 2–3, 2000. Closed Meetings funding cycle. Time: 8 a.m. to 4 p.m. Pursuant to section 10(d) of the Name of Committee: Center for Scientific Agenda: To review and evaluate grant Review Special Emphasis Panel. applications. Federal Advisory Committee Act, as Date: March 1, 2000. Place: River Inn, 924 25th Street, NW. amended (5 U.S.C. Appendix 2), notice Time: 8 a.m. to 3 p.m. Washington, DC 20037. is hereby given of the following Agenda: To review and evaluate grant Contact Person: Gloria B. Levin, PhD, meetings. applications. Scientific Review Administrator, Center for

VerDate 162000 18:24 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00046 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm04 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9283

Scientific Review, National Institutes of limitations imposed by the review and DEPARTMENT OF HOUSING AND Health, 6701 Rockledge Drive, Room 3166, funding cycle. URBAN DEVELOPMENT MSC 7848, Bethesda, MD 20892, (301) 435– Name of Committee: Center for Scientific 1017, [email protected]. [Docket No. FR±4565±N±06] Review Special Emphasis Panel. This notice is being published less than 15 days prior to the meeting due to the timing Date: March 3, 2000. Notice of Proposed Information limitations imposed by the review and Time: 9 a.m. to 4 p.m. Collection: Comment Request; Single funding cycle. Agenda: To review and evaluate grant Family Acquired Asset Management Name of Committee: Center for Scientific applications. System (SAMS) Review Special Emphasis Panel. Place: Ramada Inn, 1775 Rockville Pike, Date: March 2, 2000. Rockville, MD 20852. AGENCY: Office of the Assistant Time: 8:30 a.m. to 5 p.m. Contact Person: Chhanda L. Ganguly, PhD, Secretary for Housing, HUD. Agenda: To review and evaluate grant Scientific Review Administrator, Center for ACTION: Notice. applications. Scientific Review, National Institutes of Place: Governor’s House Hotel, 17th & Health, 6701 Rockledge Drive, Room 5156, SUMMARY: The proposed information Rhode Island Avenue, NW, Washington, DC MSC 7842, Bethesda, MD 20892, (301) 435– collection requirement described below 20036. 1739. Contact Person: Nancy Pearson, PhD, will be submitted to the Office of Chief, Genetic Sciences Integrated Review This notice is being published less than 15 Management and Budget (OMB) for Group, Center for Scientific Review, National days prior to the meeting due to the timing review, as required by the Paperwork Institutes of Health, 6701 Rockledge Drive, limitations imposed by the review and Reduction Act. The Department is Room 2112, MSC 7890, Bethesda, MD 20892, funding cycle. soliciting public comments on the (301) 435–1047, [email protected]. Name of Committee: Center for Scientific subject proposal. This notice is being published less than 15 Review Special Emphasis Panel. DATES: Comments Due Date: April 24, days prior to the meeting due to the timing Date: March 3, 2000. limitations imposed by the review and Time: 9 a.m. to 5 p.m. 2000. funding cycle. Agenda: To review and evaluate grant ADDRESSES: Interested persons are Name of Committee: Center for Scientific applications. invited to submit comments regarding Review Special Emphasis Panel. Place: George Washington University Inn, this proposal. Comments should refer to Date: March 2–3, 2000. 824 New Hampshire Ave, NW, Washington, the proposal by name and/or OMB Time: 8:30 a.m. to 5 p.m. DC 20037. Agenda: Georgetown Holiday Inn, Control Number and should be sent to: Kaleidoscope Room, 2101 Wisconsin Ave Contact Person: Carl D. Banner, PhD, Wayne Eddins, Reports Management NW, Washington, D.C., DC 20007. Scientific Review Administrator, Center for Officer, Department of Housing and Contact Person: Karen Sirocco, PhD, Scientific Review, National Institutes of Urban Development, 451 7th Street, SW, Scientific Review Administrator, Center for Health, 6701 Rockledge Drive, Room 5212, L’Enfant Plaza Building, Room 8202, Scientific Review, National Institutes of MSC 7850, Bethesda, MD 20892, (301) 435– Washington, DC 20410. Health, 6701 Rockledge Drive, Room 3184, 1251, [email protected]. FOR FURTHER INFORMATION CONTACT: MSC 7848, Bethesda, MD 20892, (301) 435– This notice is being published less than 15 0676. days prior to the meeting due to the timing Joseph McCloskey, Director, Single This notice is being published less than 15 limitations imposed by the review and Family Asset Management, Department days prior to the meeting due to the timing funding cycle. of Housing and Urban Development, limitations imposed by the review and 451 7th Street, SW, Washington, DC Name of Committee: Musculoskeletal and funding cycle. Dental Sciences Initial Review Group, Oral 20410, telephone (202) 70–1672 (this is Name of Committee: Center for Scientific not a toll free number) for copies of the Review Special Emphasis Panel. Biology and Medicine Subcommittee 2. Date: March 4–5, 2000. proposal forms and other available Date: March 2, 2000. information. Time: 5 p.m. to 8 p.m. Time: 8:30 a.m. to 5 p.m. Agenda: To review and evaluate grant Agenda: To review and evaluate grant SUPPLEMENTARY INFORMATION: The applications. applications. Department is submitting the proposed Place: Ramada Inn, 1775 Rockville Pike, Place: Holiday Inn Don Fernando de Taos, information collection to OMB for Rockville, MD 20852. 1005 Paseo del Pueblo Sur, Taos, NM 87571. review, as required by the Paperwork Contact Person: Chhanda L. Ganguly, PhD, Contact Person: Priscilla Chen, PhD, Reduction Act of 1995 (44 U.S.C. Scientific Review Administrator, Center for Scientific Review Administrator, Center for Chapter 35, as amended). Scientific Review, National Institutes of Scientific Review, National Institutes of Health, 6701 Rockledge Drive, Room 5156, This Notice is soliciting comments Health, 6701 Rockledge Drive, Room 4104, from members of the public and affected MSC 7842, Bethesda, MD 20892, (301) 435– MSC 7814, Bethesda, MD 20892, (301) 435– 1739. agencies concerning the proposed 1787. This notice is being published less than 15 collection of information to: (1) Evaluate This notice is being published less than 15 days prior to the meeting due to the timing days prior to the meeting due to the timing whether the proposed collection is limitations imposed by the review and necessary for the proper performance of funding cycle. limitations imposed by the review and funding cycle. the functions of the agency, including Name of Committee: Center for Scientific whether the information will have Review Special Emphasis Panel. (Catalogue of Federal Domestic Assistance Date: March 2–3, 2000 Program Nos. 93.306, Comparative Medicine, practical utility; (2) Evaluate the Time: 8:30 a.m. to 5 p.m. 93.306; 93.333, Clinical Research, 93.333, accuracy of the agency’s estimate of the Agenda: To review and evaluate grant 93.337, 93.393–93.396, 93.837–93.844, burden of the proposed collection of applications. 93.846–93.878, 93.892, 93.893, National information; (3) Enhance the quality, Place: Clarion Hampshire Hotel, 1310 New Institutes of Health, HHS) utility, and clarity of the information to Hampshire Ave, NW, Washington, DC 20036. be collected; and (4) Minimize the Contact Person: Jay Joshi, PhD, Scientific Dated: February 16, 2000. burden of the collection of information Review Administrator, Center for Scientific LaVerne Y. Stringfield, on those who are to respond; including Review, National Institutes of Health, 6701 Director, Office of Federal Advisory Rockledge Drive, Room 5184, MSC 7846, the use of appropriate automated Committee Policy. Bethesda, MD 20892, (301) 435–1184. collection techniques or other forms of This notice is being published less than 15 [FR Doc. 00–4305 Filed 2–23–00; 8:45 am] information technology, e.g., permitting days prior to the meeting due to the timing BILLING CODE 4140±01±M electronic submission of responses.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00047 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9284 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

This Notice also lists the following DATES: Comments Due Date: April 24, current listing of their projects’ information: 2000. principals. Agency form numbers, if applicable: Title of Proposal: Single Family ADDRESSES: Interested persons are Acquired Asset Management System invited to submit comments regarding HUD–92458. Estimation of the total numbers of (SAMS). this proposal. Comments should refer to hours needed to prepare the information OMB Control Number, if applicable: the proposal by name and/or OMB collection including number of 2502–0486. Control Number and should be sent to: respondents, frequency of response, and Description of the need for the Wayne Eddins, Reports Management hours of response: The estimated information and proposed use: These Officer, Department of Housing and information collections are an integral number of respondents are 16,000, the Urban Development, 451 7th Street, SW, frequency of responses is one, the part to HUD’s ability to create and L’Enfant Building, Room 8202, maintain sound financial management estimated hours per response is .33 Washington, D.C. 20410, telephone hours per response, and the estimated practices and to maintain effective (202) 708–5221 (this is not a toll-free internal controls over the property annual hour burden is 5,280. number) for copies of the proposed Status of the proposed information disposition program. Without these forms and other available information. forms, the program’s accounting and collection: Reinstatement without FOR FURTHER INFORMATION CONTACT: financial data integrity would be change. Willie Spearmon, Multifamily Housing, severely compromised. Authority: The Paperwork Reduction Act Office of Business Products, Department Agency Form Numbers, if applicable: of 1995, 44 U.S.C., Chapter 35, as amended. of Housing and Urban Development, SAMs–1100, 1101, 1103, 1106, 1106–C, 451 7th Street SW, Washington, DC Dated: February 14, 2000. 1108, 1110, 1111, 1111–A and SAMS– 20410, telephone number (202) 708– William C. Apgar, 1117. 2866 (this is not a toll-free number). Assistant Secretary for Housing, Federal- Estimation of the total number of Housing Commissioner. hours needed to prepare the information SUPPLEMENTARY INFORMATION: The Department is submitting the proposed [FR Doc. 00–4317 Filed 2–23–00; 8:45 am] collection including number of BILLING CODE 4210±27±M respondents, frequency of response, and information collection to OMB for hours of response: An estimation of the review, as required by the Paperwork Reduction Act of 1995 (44 U.S.C. total number of annual hours needed to DEPARTMENT OF HOUSING AND prepare the information collection is Chapter 35, as amended). This Notice is soliciting comments URBAN DEVELOPMENT 65,950; the number of respondents is from members of the public and affected 272,950; the frequency response is on [Docket No. FR±4561±N±03] agencies concerning the proposed occasion, and the estimated time per collection of information to: (1) Evaluate HOPE VI Revitalization Application response is 12 minutes to 30 minutes. Forms Status of the proposed information whether the proposed collection is necessary for the proper performance of collection: Reinstatement with change of AGENCY: Officer of Public and Indian a previously approved information the functions of the agency, including Housing, HUD. whether the information will have collection. ACTION: Notice. practical utility; (2) Evaluate the Authority: Section 3506 of the Paperwork accuracy of the agency’s estimate of the SUMMARY: The proposed information Reduction Act of 1995, 44 U.S.C. Chapter 35, burden of the proposed collection of as amended. collection requirement described below information; (3) Enhance the quality, has been submitted to the Office of Dated: February 10, 2000. utility, and clarity of the information to Management and Budget (OMB) for William C. Apgar, be collected; and (4) Minimize the emergency review and approval, as Assistant Secretary for Housing-Federal burden of the collection of information required by the Paperwork Reduction Housing Commission. on those who are to respond; including Act. The Department is soliciting public [FR Doc. 00–4316 Filed 2–23–00; 8:45 am] the use of appropriate automated comments on the subject proposal. BILLING CODE 4210±27±M collection techniques or other forms of DATES: Comments Due Date: March 1, information technology, e.g., permitting 2000. electronic submission of responses. DEPARTMENT OF HOUSING AND This Notice also lists the following ADDRESSES: Interested persons are URBAN DEVELOPMENT information: invited to submit comments regarding Title of Proposal: Rent Schedule Low this proposal. Comments should refer to [Docket No. FR±4565±N±07] Rent Housing. the proposal by name or OMB approval OMB Control Number, if applicable: number (2577–0208) should be sent to: Notice of Proposed Information Joseph F. Lackey, Jr., HUD Desk Officer, Collection: Comment Request; Rent 2502–0012. Description of the need for the Office of Management and Budget, New ScheduleÐLow Rent Housing information and proposed use: Certain Executive Office Building, Washington, AGENCY: Office of the Assistant Federal statutes and regulations require DC 20410 (202) 395–7316. Secretary for Housing, HUD. the Department to review rents and/or FOR FURTHER INFORMATION CONTACT: ACTION: Notice. charges for all projects either insured or Wayne Eddins, Reports Management held by HUD, except for specified Officer, Department of Housing and SUMMARY: The proposed information unsubsidized projects. These Urban Development, 451 7th Street, SW, collection requirement described below regulations also require the Washington, DC 20410; e-mail will be submitted to the Office of Department’s approval of all principals [email protected]; telephone Management and Budget (OMB) for in HUD insured and financed projects. (202) 708–2374. This is not a toll-free review, as required by the Paperwork Form HUD–92458 serves both of these number. Copies of the proposed forms Reduction Act. The Department is purposes by documenting rents and and other available documents soliciting public comments on the charges that the Department approves submitted to OMB may be obtained subject proposal. and by requiring owners to provide a from Mr. Eddins.

VerDate 162000 18:24 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm04 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9285

SUPPLEMENTARY INFORMATION: This presented in narrative form, and assists has been submitted to the Office of Notice informs the public that the the applicant in proving information Management and Budget (OMB) for Department of Housing and Urban that is consistent and correct. emergency review and approval, as Development (HUD) has submitted to The Department will use the required by the Paperwork Reduction OMB, an information collection with information in the forms to rate and Act. The Department is soliciting public respect to a Notice of Funding rank HOPE VI Revitalization comments on the subject proposal. Availability for HOPE VI Revitalization applications, in accordance with the DATES: Comments Due Date: March 1, grants. This information collection procedures outlined in the NOFA. HUD 2000. package submission to OMB for review will award grants to applicants whose ADDRESSES: Interested persons are is required by the Paperwork Reduction applications earn the most points, as invited to submit comments regarding Act (44 U.S.C. Chapter 35). This Notice described in the NOFA. this proposal. Comments should refer to is soliciting comments from members of Applicants may complete the HOPE the proposal by name or OMB approval the public and affected agencies VI Data Forms in two ways. They may number should be sent to: Joseph F. concerning the proposed collection of either type or print the information on Lackey, Jr., HUD Desk Officer, Office of information to: (1) Evaluate whether the a hard copy of the forms, taken from Management and Budget, New proposed collection of information is either the NOFA or the HOPE VI Executive Office Building, Washington, necessary for the proper performance of Application Kit, or they may download DC 20410 (202) 395–7316. the functions of the agency, including Microsoft Excel from the HOPE VI FOR FURTHER INFORMATION CONTACT: whether the information will have Home Page and fill out the forms Wayne Eddins, Reports Management practical utility; (2) Evaluate the electronically. In either case they must Officer, Department of Housing and accuracy of the agency’s estimate of the submit hard copies of the forms in their Urban Development, 451 7th Street, SW, burden of the proposed collection of applications. If the latter method is information; (3) Enhance the quality, Washington, DC 20410; e-mail Wayne used, the software makes certain [email protected]; telephone (202) utility, and clarity of the information to calculations for the applicant. be collected, and (4) Minimize the 708–2374. This is not a toll-free number. Members of affected public: Copies of the proposed forms and other burden of the collection of information Approximately 80 PHAs are expected on those who are to respond, including available documents submitted to OMB apply under the NOFA. may be obtained from Mr. Eddins. through the use of appropriate Estimation of the total number of SUPPLEMENTARY INFORMATION: automated collection techniques or hours needed to prepare the information This other forms of information technology, collection including number of Notice informs the public that the e.g., permitting electronic submission of respondents, frequency of response, and Department of Housing and Urban Development (HUD) has submitted to responses. hours of response: The Department OMB, for emergency processing, an The Department has submitted the expects that approximately 80 PHAs information collection package with proposal for the collection of will each submit one application in respect to a application and re- information, as described below, to response to the FY 2000 NOFA. certification packages for nonprofit OMB for review, as required by the Completion of the subject forms, organizations to participate in FHA Paperwork Reduction Act (44 U.S.C. including the gathering of information, activities. This emergency processing is Chapter 35): is estimated at 190 hours per essential to the Department’s mission to The Department has requested application, for a total annual burden expand homeownership opportunities emergency clearance of the collection of hour estimate of 15,200. This is in and strengthen neighborhoods and information, as described below, with addition to the burden hours required to approval being sought by February 29, communities by standardizing complete the rest of the application. throughout the country, the information 2000. Status of the proposed information Title of Proposal: HOPE VI nonprofit organizations must submit to collection: Pending OMB approval. Revitalization Application Forms. be considered acceptable to participate Description of the need for the Authority: The Paperwork Reduction Act as a mortgagor in HUD’s single family information and proposed use: The of 1995, 44 U.S.C. 35, as amended. housing programs. Nonprofit HOPE VI Application Data Forms Dated: February 16, 2000. organizations are viewed as a significant collect information in connection with Wayne Eddins, partner in rehabilitating and reselling the FY 2000 Notice of Funding Department Reports Management Officer, residential housing to low and moderate Availability (NOFA) for the HOPE VI Office of the Chief Information Officer. income families, particularly in the Revitalization Program. The NOFA [FR Doc. 00–4314 Filed 2–22–00; 8:45 am] nation’s urban centers. The announces funds available to public BILLING CODE 4210±33±M participation of nonprofit housing housing agencies (PHAs) to revitalize providers is critical to the success of the severely distressed public housing. Cities 2000 Agenda which was funds were appropriated by the DEPARTMENT OF HOUSING AND announced by Secretary Cuomo on June Department of Veterans Affairs and URBAN DEVELOPMENT 12, 1999 to boost homeownership in Housing and Urban Development, and America’s cities. HUD is requesting that Independent Agencies Appropriations [Docket No. FR±4561±N±04] OMB approve this information Act 2000, (Pub. L. 107–74), approved Application and Re-certification collection by February 21, 2000. October 20, 1999. The Application Data This Notice is soliciting comments Packages for Approval of Nonprofit Forms are required elements of a HOPE from members of the public and affected Organizations in FHA Activities VI Revitalization Application. They agencies concerning the proposed collected key data on numbers and AGENCY: Officer of the Assistant collection of information to (1) kinds of units, costs, programs, and Secretary for Housing, HUD. Evaluation whether the proposed other information critical to the ACTION: Notice. collection of information is necessary description of the proposed program. for the proper performance of the Use of these forms standardizes SUMMARY: The proposed information functions of the agency, including information that had been previously collection requirement described below whether the information will have

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9286 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices practical utility; (2) Evaluate the DEPARTMENT OF THE INTERIOR through a self-governance agreement. accuracy of the agency’s estimate of the The Department interprets this burden of the proposed collection of Office of the Secretary provision to authorize the inclusion of information; (3) Enhance the quality, programs eligible for self-determination utility, and clarity of the information to List of Programs Eligible for Inclusion contracting under Title I of the Indian be collected, and (4) Minimize the in Fiscal Year 2001 Annual Funding Self-Determination and Education burden of the collection of information Agreements To Be Negotiated With Assistance Act (P.L. 93–638). Section on those who are to respond, including Self-Governance Tribes by Interior 403(b)(2) also specifies that ‘‘nothing in through the use of appropriate Bureaus Other Than the Bureau of this subsection may be construed to automated collection, techniques or Indian Affairs provide any tribe with a preference with other forms of information technology; AGENCY: Office of the Secretary, Interior. respect to the opportunity of the tribe to administer programs, services, functions e.g., permitting electronic submission of ACTION: Notice. responses. and activities, or portions thereof, This Notice also lists the following SUMMARY: This notice lists programs or unless such preference is otherwise information: portions of programs that are eligible for provided for by law.’’ inclusion in Fiscal Year 2001 annual (2) Under section 403(c) of the Act, Title of Proposed: Application and Re- funding agreements with self- the Secretary may include other certification Packages for Approval of governance tribes and lists programs, services, functions, and Nonprofit Organizations for FHA programmatic targets for each of the activities, or portions thereof, that are of Activities; Notice. non-BIA bureaus, pursuant to section ‘‘special geographic, historical, or OMB Control Number, if applicable: 405(c)(4) of the Tribal Self-Governance cultural significance’’ to a self- 2502–XXXX. Act. governance tribe. Under section 403(k) of the Self- DATES: Agency Form Number, if applicable: This notice expires on Governance Act, annual agreements None. September 30, 2001. cannot include programs, services, Members of affected public: Nonprofit ADDRESSES: Inquiries or comments functions, or activities that are organizations wishing to participate in regarding this notice may be directed to inherently Federal or where the statute FHA activities. the Office of Self-Governance (MS– establishing the existing program does Description of the Need for the 2542, MIB), 1849 C Street NW, not authorize the type of participation Information and its Proposed use: The Washington, DC 20240–0001. sought by the tribe. However, a tribe (or National Housing Act permits nonprofit Telephone (202) 219–0240 or to the tribes) need not be identified in the organizations to act as mortgagors, to bureau points of contact listed below. authorizing statutes in order for a use FHA insured mortgages to finance SUPPLEMENTARY INFORMATION: program or element to be included in a the purchase and rehabilitation of I. Background self-governance agreement. While housing for subsequent resale. general legal and policy guidance Approved nonprofits may also purchase Title II of the Indian Self- regarding what constitutes an inherently HUD’s Real Estate Owned Properties at Determination and Education Federal function exists, we will a discount, and provide downpayment Assistance Act Amendments of 1994 determine whether a specific function is assistance to homebuyers in the form of (Pub. L. 103–413, the ‘‘Self-Governance inherently Federal on a case-by-case secondary financing. It is vital that the Act’’ or the ‘‘Act’’) instituted a basis considering the totality of Department periodically and uniformly permanent tribal self-governance circumstances. program at the Department of the assess the management and financial Response to Comments ability of participating nonprofit Interior (DOI). Under the self- agencies to ensure they are not governance program certain programs, The Department received one letter overextending their capabilities and services, functions, and activities, or from a self-governance tribe on the increasing HUD’s risk of loss as a portions thereof, in Interior bureaus proposed list which commented as mortgage insurance provider. other than BIA are eligible to be follows: planned, conducted, consolidated, and (1) Add to Section I-Background the Estimation of the total numbers of administered by a self-governance tribal fact that the program is administered by hours needed to prepare the information government. the Office of Self-Governance. This collection including number of Under section 405(c) of the Self- suggestion has not been adopted. respondents, frequency of response, and Governance Act, the Secretary of the Although the Office of Self-Governance hours of response: The estimated Interior is required to publish annually: administers the BIA portion of the number of respondents are estimated to (1) A list of non-BIA programs, services, program, it does not administer the non- be 2,500, an average of 81,000 annual functions, and activities, or portions BIA portion, which is the subject of this burden hours are estimated, and the thereof, that are eligible for inclusion in notice. frequency of responses is estimated to agreements negotiated under the self- (2) Retain the reference to the be once every two years. governance program; and (2) Secretary’s January 1995 Report to Status of the proposed information programmatic targets for these bureaus. Congress in Section III, because it collection: Pending OMB approval. Under the Self-Governance Act, two provides an expanded list of possible categories of non-BIA programs are programs which may help tribes to see Authority: The Paperwork Reduction Act of 1995, 44 U.S.C. 35, as amended. eligible for self-governance funding further options. Although it was agreements: inserted in last year’s list, the Dated: February 17, 2000. (1) Under section 403(b)(2) of the Act, Department has decided not to continue Wayne Eddins, any non-BIA program, service, function referencing the 1995 report, because it is Department Reports Management Officer, or activity that is administered by out of date. Section 405(c) of the Act Office of the Chief Information Officer. Interior that is ‘‘otherwise available to required this report to present an initial [FR Doc. 00–4315 Filed 2–23–00; 8:45 am] Indian tribes or Indians,’’ can be list of non-BIA programs eligible for BILLING CODE 4210±27±M administered by a tribal government inclusion in Self-Governance annual

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9287 funding agreements and programmatic changes provided by Interior’s bureaus. A. Eligible Programs of the Bureau of targets for the non-BIA bureaus. Section We draw your attention to two: Land Management (BLM) 405(c) also requires that, thereafter, the (1) The Department interprets the BLM management responsibilities lists and targets be reviewed and revised ‘‘otherwise available to Indians’’ clause cover a wide range of areas, such as annually. Thus, this notice revises and in section 403(b)(2) of the Act to limit recreational activities, timber, range and supersedes earlier lists including those this subsection to those programs minerals management, wildlife habitat in the original 1995 Report. eligible for contracting under Title I of management and watershed restoration. (3) Add, in Section III.A-BLM, the Act. Accordingly, the language in In addition, BLM is responsible for the additional language stating that BLM in Section I has been modified. survey of certain Federal and tribal cooperation with land users, may lands. Two programs provide tribal negotiate with tribes to carry out its land (2) The approach to identifying the annual funding agreements with non- services: (1) Tribal and allottee minerals management activities through management; and (2) Survey of tribal contracts, cooperative agreements, or BIA bureaus has been changed as the number has increased. Rather than a and allottee lands. Self-Governance agreements. This BLM carries out some its activities in suggestion has been adopted in narrative description of each in Section II, a list has been provided. the management of public lands through modified form. contracts and cooperative agreements. (4) Commented that the BLM needed II. Annual Funding Agreements These and other activities, dependent to be educated that some of its language Between Self-Governance Tribes and upon availability of funds, the need for in Section III.A reflected procurement Non-BIA Bureaus of the Department of specific services, and the Self- thinking rather than the intent of self- the Interior Governance tribe demonstrating a governance. The comment went on to A. Bureau of Land Management (none) special geographic, cultural, or acknowledge that subsequent language historical connection, may also be was better aligned to self-governance. B. Bureau of Reclamation (3) available for inclusion in self- We believe the language is appropriate governance agreements. Once a tribe has Gila River Indian Community (since as written, and no changes have been made initial contact with BLM, more FY1996) made. specific information will be provided by (5) Add, in Section III.A, information Chippewa Cree-Rocky Boy Reservation the respective BLM State office. that briefly describes how BLM has (since FY1999) Tribal Services structured responsibilities for self- Karuk Tribe of California (since FY1999) governance negotiations and operations 1. Cadastral Survey. Tribal and within its local, State, and headquarters C. Minerals Management Service (none) allottee cadastral survey services are offices. This suggestion has not been D. National Park Service (1) already available for contracts under adopted. This notice is not intended to Title I of the Act and therefore may be provide the internal organizations and Grand Portage Band of Lake Superior available for inclusion in an annual responsibilities of each of Interior’s Chippewa Indians (since FY1999) funding agreement. bureaus. An initial point of contact has 2. Minerals Management. Inspection E. Office of Surface Mining and been provided, and the section clearly and enforcement of Indian oil and gas Reclamation Enforcement (none) indicates that more specific information operations, and inspection, enforcement will then be provided by the respective F. U.S. Fish and Wildlife Service (none) and production verification of Indian State Office. G. U.S. Geological Survey (none) coal and sand and gravel operations are (6) Add, in Section III.A-BLM Other already available for contracts under Activities, further items as examples of III. Eligible Programs of the Department Title I of the Act and therefore may be range, wildlife and fisheries habitat, and of the Interior non-BIA Bureaus available for inclusion in an annual wild horse management activities. A funding agreement. number of these suggestions have been Below is a listing by bureau of the adopted. types of non-BIA programs, or portions Other Activities (7) Add, at the end of the last sentence thereof, that may be eligible for self- 1. Cultural Heritage. Cultural heritage of the next to the last paragraph of governance annual funding agreements activities, such as research and Section III.A-BLM: ‘‘in relation to because they are either ‘‘otherwise inventory, may be available in specific negotiating specific self-governance available to Indians’’ under Title I and States. agreements.’’ This suggestion has been not precluded by any other law, or may 2. Forestry Management. Activities, adopted. have ‘‘special geographic, historical, or such as environmental studies, tree (8) Commented that the FWS needed cultural significance’’ to a participating planting, thinning and similar work, to be educated that some of its language tribe. The lists represent the most may be available in specific States. in Section III.F reflected procurement current information on programs 3. Range Management. Activities, thinking rather than the intent of self- potentially available to Tribes under a such as re-vegetation, noxious weed governance. The language in the first Self-Governance agreement. control, fencing, construction and sentence of the second paragraph has The Department will also consider for maintenance of range improvements, been changed. inclusion in annual funding agreements grazing management experiments, range (9) Commented that it was glad to see other programs or activities not monitoring, and similar activities, may in Section IV a target for each non-BIA included below, but which, upon be available in specific States. bureau that goes beyond what it is request of a self-governance tribe, the 4. Riparian Management. Activities, currently doing. Although there has Department determines to be eligible such as facilities construction, erosion been some editorial change to this under either sections 403(b)(2) or 403(c) control, rehabilitation, and similar Section, the underlying concept has not of the Act. Tribes with an interest in activities, may be available in specific been changed. such potential agreements are States. There were also several minor encouraged to begin discussions with 5. Recreation Management. Activities, editorial, technical and geographic the appropriate non-BIA bureau. such as facilities construction and

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00051 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9288 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices maintenance, interpretive design and 8. Lower Colorado Indian Water agreement) management, billing and construction, and similar activities, may Management Study—AZ, CA, NV. general ledger. be available in specific States. 9. Yuma Area Projects—AZ, CA. 4. Tribal royalty valuation. 6. Wildlife and Fisheries Habitat 10. Central Arizona Project—AZ, NM. Preliminary analysis and Management. Activities, such as 11. Middle Rio Grande Project—NM. recommendations for valuation and construction and maintenance, 12. Indian Water Rights Settlement allowance determinations and interpretive design and construction, Projects—as Congressionally authorized. approvals. habitat protection and improvement For questions regarding self- 5. Royalty Management of Allottee projects, and similar activities, may be governance contact Barbara White, Leases. Royalty management of allottee available in specific States. Reclamation Self-Governance leases. 7. Wild Horse Management. Activities Coordinator, Native American Affairs 6. Online monitoring of royalties and such as wild horse round ups, removal, Office, Bureau of Reclamation (W– accounts. Online computer access to and disposition, including operation 6100), 1849 C Street NW, Washington, reports, payments, and royalty and maintenance of wild horse facilities DC 20240–0001, telephone: (202) 208– information contained in MMS may be available in specific States. 4733, fax: (202) 208–6688. accounts. MMS will install equipment The above programs under ‘‘Other at tribal locations, train tribal staff, and C. Eligible Programs of the Minerals Activities’’ are available in many states assist tribe in researching and Management Service (MMS) for competitive contracting. However, if monitoring all payments, reports, they are of special geographic, historical MMS provides stewardship of accounts, and historical information or cultural significance to a America’s offshore resources and regarding their leases. participating Self-Governance tribe, they collects revenues generated from 7. Royalty Internship Program. A new may be available for annual funding mineral leases on Federal and Indian orientation and training program for agreements. Tribes may also discuss lands. MMS is responsible for the auditors and accountants from mineral additional BLM-funded activities with management of the Federal Outer producing tribes to acquaint tribal staff the relevant State office in relation to Continental Shelf, which are submerged with royalty laws, procedures, and negotiating specific self-governance lands off the coasts that have significant techniques. This program is agreements. energy and mineral resources. Within recommended for tribes that are For questions regarding Indian Self- the offshore minerals management considering a self-governance agreement Governance, contact Dr. Marilyn Nickels program, environmental impact but have not yet acquired mineral or Sara Pena, Bureau of Land assessments and statements, and revenue expertise via a FOGRMA Mangement, 1849 C Street NW, environmental studies, may be available section 202 contract. Washington, DC 20240–0001, telephone: if a self-governance tribe demonstrates a For questions regarding self- (202) 452–5040, fax: (202) 452–7701. special geographic, cultural, or governance contact Joan Killgore, General information on all contracts historical connection. Royalty Liaison Office, Minerals available in a given year through the MMS also offers mineral-owning Management Service (MS–4241), 1849 C BLM can be obtained from the BLM tribes other opportunities to become Street NW, Washington, DC 20240– National Business Center, P.O. Box involved in MMS’s Royalty 0001, telephone: (202) 208–3512, fax: 25047, Bldg 50, Denver Federal Center, Management Program functions. These (202) 208–3982. Denver, CO 80225–0047. programs address the intent of Indian self-governance but are available D. Eligible Programs of the National B. Eligible Programs of the Bureau of regardless of self-governance intentions Park Service (NPS) Reclamation or status and are a good prerequisite for The National Park Service administers Reclamation operates a wide range of assuming other technical functions. the National Park System made up of water resource management projects for Generally, royalty management national parks, monuments, historic irrigation, hydroelectric power programs are available to tribes because sites, battlefields, seashores, lake shores generation, municipal and industrial of their status as Indians. Royalty and recreation areas. NPS maintains the water supplies, flood control, outdoor management programs that may be park units, protects the natural and recreation, enhancement of fish and available to self-governance tribes are as cultural resources, and conducts a range wildlife habitats, and research. Most of follows: of visitor services such as law Reclamation’s activities involve 1. Audit of tribal royalty payments. enforcement, park maintenance, and construction, operations and Audit activities for tribal leases, except interpretation of geology, history, and maintenance, and management of water for the issuance of orders, final natural and cultural resources. resources projects and associated valuation decisions, and other Some elements of these programs may facilities. Components of the following enforcement activities. (For tribes be eligible for inclusion in a self- FY2000 water resource management and already participating in MMS delegated governance annual funding agreement. construction projects may be eligible for audits, this program is offered as an The listing below was developed self-governance agreements. optional alternative.) considering the geographic proximity to, 1. Yakima River Basin Water 2. Verification of tribal royalty and/or traditional association of a self- Enhancement Program, WA. payments. Financial compliance governance tribe with, units of the 2. Klamath Project—CA, OR. verification and monitoring activities, National Park system, and the types of 3. Trinity River Restoration Program— production verification, and appeals programs that have components that CA. research and analysis. may be suitable for contracting through 4. Central Valley Project (Trinity 3. Tribal royalty reporting, accounting a self-governance annual funding Division)—CA. and data management. Establishment agreement. This listing is not all 5. Newlands Project—NV, CA. and management of royalty reporting inclusive, but is representative of the 6. Washoe Project—NV, CA. and accounting systems including types of programs which may be eligible 7. Colorado River Front Work/Levee document processing, production for tribal participation through annual System—AZ, CA, NV. reporting, reference data (lease, payor, funding agreements.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00052 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9289

1. Ongoing Programs and Activities. r. Grand Portage National Monument— with a number of Indian tribes Components of the following programs MN throughout the National Wildlife Refuge are potentially eligible for inclusion in s. Bear Paw Battlefield, Nez Perce System and the Service’s fish a self-governance annual funding National Historical Park—MT hatcheries. Any self-governance tribe agreement. t. Glacier National Park—MT may contact a National Wildlife Refuge a. Archeological surveys u. Great Basin National Park—NV or National Fish Hatchery directly b. Comprehensive management v. Bandelier National Monument—NM concerning participation in Service planning w. Hopewell Culture National Historical programs under the Self-Governance c. Cultural resource management Park—OK Act. projects x. Chickasaw National Recreation Some elements of the following d. Ethnographic studies Area—OK programs may be eligible for inclusion e. Erosion control y. Effigy Mounds National Monument— in a self-governance annual funding f. Fire protection IA agreement. The listing below was g. Hazardous fuel reduction z. Olympic National Park—WA developed considering the proximity of h. Housing construction and a–1. San Juan Islands National Historic an identified self-governance tribe to a rehabilitation Park—WA National Wildlife Refuge or National b–1. Mt. Rainier National Park—WA I. Gathering baseline subsistence data— Fish Hatchery, and the types of c–1. Ebey’s Landing National Historical AK programs that have components that Reserve—WA j. Janitorial services may be suitable for contracting through k. Maintenance For questions regarding self- a self-governance annual funding l. Natural resource management projects governance contact Dr. Patricia Parker, agreement. This listing is not all- m. Range assessment—AK n. Reindeer Chief, American Indian Liaison Office, inclusive but is representative of the grazing—AK National Park Service (MS–3410), 1849 types of programs which may be eligible o. Road repair C Street NW, Washington, DC 20240– for tribal participation through an p. Solid waste collection and disposal 0001; telephone: (202) 208–5475, fax: annual funding agreement. q. Trail rehabilitation (202) 273–0870. 1. Subsistence Programs Within Alaska 2. Special Programs. Aspects of these E. Eligible Programs of the Office of programs may be available if a self- Surface Mining and Reclamation 2. Fish & Wildlife Technical Assistance, governance tribe demonstrates a Enforcement (OSM) Restoration & Conservation geographical, cultural, or historical OSM regulates surface coal mining a. Fish & wildlife population surveys connection. and reclamation operations, and b. Habitat surveys a. Beringia Research reclaims abandoned coal mines, in c. Sport fish restoration b. Elwha River Restoration cooperation with States and Indian d. Capture of depredating migratory 3. Locations of National Park System tribes. birds Units in Close Proximity to Self- 1. Abandoned Mine Land e. Fish & wildlife program planning Governance Tribes. Aspects of ongoing Reclamation Program. This program f. Habitat restoration activities programs and activities may be available which restores eligible lands mined and 3. Endangered Species Program at park units with known geographic, abandoned or left inadequately restored a. Cooperative management of cultural, or historical connections with is available to Indian tribes. a self-governance tribe. 2. Control of the Environmental conservation programs b. Development and implementation of Impacts of Surface Coal Mining. This a. Lake Clark National Park and recovery plans program includes analyses, NEPA Preserve—AK c. Conducting status surveys for high documentation, technical reviews, and b. Katmai National Park and Preserve— priority candidate species studies. Where surface coal mining AK d. Participation in the development of exists on Indian land, certain regulatory c. Glacier Bay National Park and habitat conservation plans, as activities that are not inherently Preserve—AK appropriate d. Sitka National Historical Park—AK Federal, including, for example, e. Kenai Fjords National Park—AK designation of areas unsuitable for 4. Education Programs f. Wrangell-St. Elias National Park & mining, are available to Indian tribes. a. Interpretation Preserve—AK For questions regarding self- b. Outdoor classrooms g. Bering Land Bridge National Park— governance contact Maria Mitchell, c. Visitor center operations AK Office of Surface Mining Reclamation d. Volunteer coordination efforts on-and h. Northwest Alaska Areas—AK and Enforcement (MS–210–SIB), 1951 off-refuge i. Gates of the Arctic National Park & Constitution Ave. NW, Washington, DC Preserve—AK 20240, telephone: (202) 208–2865, fax: 5. Environmental Contaminants j. Yukon Charlie Rivers National (202) 291–3111. Program Preserve—AK F. Eligible Programs of the U.S. Fish and a. Analytical devices k. Casa Grande Ruins National Wildlife Service (FWS) b. Removal of underground storage Monument—AZ tanks l. Joshua Tree National Park—CA The mission of FWS is to conserve, c. Specific cleanup activities m. Redwoods National Park—CA protect, and enhance fish, wildlife, and d. Natural resource economic analysis n. Whiskeytown National Recreation their habitats for the continuing benefit e. Specific field data gathering efforts Area—CA of the American people. Primary o. Hagerman Fossil Beds National responsibilities are for migratory birds, 6. Hatchery Operations Monument—ID endangered species, freshwater and a. Egg taking p. Sleeping Bear Dunes National anadromous fisheries, and certain b. Rearing/feeding Lakeshore—MI marine mammals. FWS also has a c. Disease treatment q. Voyageurs National Park—MI continuing cooperative relationship d. Tagging

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00053 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9290 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices e. Clerical/facility maintenance G. Eligible Programs of the U.S. Center, Reston, VA 20192, telephone: Geological Survey (USGS) (703) 648–4437, fax: (703) 648–5470. 7. Wetland & Habitat Conservation and Restoration The mission of the U.S. Geological IV. Programmatic Targets a. Construction Survey is to provide information on During Fiscal Year 2001, upon request b. Planning activities biology, geology, hydrology, and of a self-governance tribe each non-BIA c. Habitat monitoring and management cartography that contributes to the wise bureau will negotiate annual funding management of the nation’s natural agreements for its eligible programs 8. Conservation Law Enforcement resources and to the health, safety, and beyond those already negotiated. well-being of the American people. a. All law enforcement efforts under Dated: February 17, 2000. cross-deputization Information includes maps, data bases, and descriptions and analyses of the William A. Sinclair, 9. National Wildlife Refuge Operations water, plants, animals, energy, and Director, Office of Self-Governance. & Maintenance mineral resources, land surface, [FR Doc. 00–4326 Filed 2–23–00; 8:45 am] a. Construction underlying geologic structure and BILLING CODE 4310±10±P b. Farming dynamic processes of the earth. Information on these scientific issues is c. Concessions DEPARTMENT OF THE INTERIOR d. Maintenance developed through extensive research, e. Comprehensive management field studies, and comprehensive data Fish and Wildlife Service planning collection to: Evaluate natural hazards f. Biological program efforts such as earthquakes, volcanoes, Notice of Intent To Prepare a g. Habitat management landslides, floods, droughts, subsidence Comprehensive Plan for Crab Orchard h. Fire Management and other ground failures; assess energy, National Wildlife Refuge in Williamson, mineral, and water resources in terms of Jackson and Union Counties, IL Locations of Refuges and Hatcheries their quality, quantity, and availability; with close proximity to Indian Tribes evaluate the habitats of animals and ACTION: Notice of intent. plants; and produce geographic, 1. Alaska National Wildlife Refuges— SUMMARY: This notice advises the public cartographic, and remotely-sensed AK that the U.S. Fish and Wildlife Service information in digital and non-digital 2. Alchesay National Fish Hatchery— (Service) intends to gather information formats. No USGS programs are AZ necessary to prepare a comprehensive specifically available to American 3. Humboldt Bay National Wildlife conservation plan and an environmental Indians or Alaska Natives. Components Refuge—CA assessment for the Crab Orchard of programs may have a special 4. Kootenai National Wildlife Refuge— National Wildlife Refuge in Williamson, geographic, cultural, or historical ID Jackson and Union counties, Illinois. 5. Agassiz National Wildlife Refuge— connection with a self-governance tribe. The Service is furnishing this notice in MN 1. Mineral, Environmental, and compliance with Service comprehensive 6. Mille Lacs National Wildlife Refuge— Energy Assessments. Components of conservation plan policy and the MN this program that involve geologic National Environmental Policy Act, and 7. Rice Lake National Wildlife Refuge— research, data acquisition, and implementing regulations to achieve the MN predictive modeling may be available following: 8. National Bison Range—MT for inclusion in an annual funding (1) Advise other agencies and the 9. Ninepipe National Wildlife Refuge— agreement. public of our intentions, and MT 2. USGS Earthquake Hazards (2) Obtain suggestions and 10. Pablo National Wildlife Refuge—MT Reduction Program. Components of this information on the scope of issues, 11. Mescalero National Fish Hatchery— program that involves research, data opportunities, and concerns for NM acquisition, and modeling related to inclusion in the environmental 12. Sequoyah National Wildlife earthquakes and seismically active areas documents. Refuge—OK may be available for inclusion in an DATES: The Service will hold public 13. Tishomingo National Wildlife annual funding agreement. scoping meetings in Spring 2000, and Refuge—OK 3. Water Resources Data Collection additional public meetings will be held 14. Bandon Marsh National Wildlife and Investigations. Components of this to review the draft comprehensive Refuge—OR program may be available for inclusion conservation plan. It is anticipated that 15. Dungeness National Wildlife in an annual funding agreement if a self- the draft plan will be available for Refuge—WA governance tribe demonstrates a special public review by November 2000. An 16. Makah National Fish Hatchery—WA geographic, cultural, or historical announcement of availability of the 17. Nisqually National Wildlife connection. draft plan will appear in the Federal Refuge—WA 4. Biological Resources Inventory, Register and on the Crab Orchard 18. Quinault National Fish Hatchery— Monitoring, Research and Information Refuge Comprehensive Conservation WA Transfer Activities. Components of this Plan web page (www.fws.gov/r3pao/ 19. San Juan Islands National Wildlife program may be available for inclusion planning/cotop.htm). Refuge—WA in an annual funding agreement if a self- ADDRESSES: Address comments and For questions regarding self- governance tribe demonstrates a special requests for more information to: Refuge governance contact Michael Smith, geographic, cultural or historical Manager, Crab Orchard National Deputy Assistant Director—External connection. Wildlife Refuge, 8588 Route 148, Affairs, Fish and Wildlife Service For questions regarding self- Marion, Illinois 62959; or E-mail: (MS3012), 1849 C Street NW, governance contact Sue Marcus, [email protected] Washington, DC 20240–0001, telephone: American Indian/Alaska Native Liaison, SUPPLEMENTARY INFORMATION: It is the (202) 208–4131, fax: (202) 208–7407. U.S. Geological Survey, 107 National policy of the Service to have all lands

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00054 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9291 within the National Wildlife Refuge DEPARTMENT OF THE INTERIOR PERMIT NO. TE—797466 System managed in accordance with an Fish and Wildlife Service Applicant: Champion International approved comprehensive conservation Corporation, Huntsville, Texas. plan. The plan guides management Availability of Draft Comprehensive Applicant requests authorization to decisions and identifies refuge goals, Conservation Plan for Ouray National conduct endangered species activities objectives and strategies for achieving Wildlife Refuge. Vernal, UT for the red-cockaded woodpecker refuge purposes. Public input into this (Picoides borealis) and the Houston toad planning process is encouraged. The AGENCY: Fish and Wildlife Service, (Bufo houstonensis) in Texas. plan will provide other agencies and the Interior. PERMIT NO. TE—22749 public with a clear understanding of the ACTION: Notice of availability. desired conditions of the refuge and Applicant: SWCA, Phoenix, Arizona. how the Service will implement SUMMARY: Pursuant to the Refuge Applicant requests authorization to management strategies. Some of the Improvement Act of 1997, the U.S. Fish conduct presence/absence surveys for issues to be addressed in the plan and Wildlife Service has published the the southwestern willow flycatcher Ouray National Wildlife Refuge Draft include the including: (Empidonax traillii extimus), cactus Comprehensive Conservation Plan. This ferruginous pygmy-owl (Glaucidium (a) Habitat management; Plan describes how the FWS intends to basilianum cactorum), and Yuma (b) Public use management; manage the Ouray NWR for the next 10– clapper rail (Rallus longirostris (c) Wildlife population management; 15 years. yumanensis) in Maricopa, Pima, and ADDRESSES: A copy of the Plan may be Pinal Counties, Arizona. (d) Wilderness management; obtained by writing to U.S. Fish and (e) Industrial facilities management; Wildlife Service, 266 West 100 North, PERMIT NO. TE—837751 and Suite 2, Vernal, UT 84078; or download Applicant: Bureau of Reclamation, (f) Cultural resource identification from http://www.r6.fws.gov/larp/. Phoenix Area Office, Phoenix, Arizona. and protection. FOR FURTHER INFORMATION CONTACT: Applicant requests authorization for Allison Banks, U.S. Fish and Wildlife recovery purposes to conduct activities The environmental assessment will Service, P.O. Box 25486 DFC, Denver, for the Pima pineapple cactus include several alternatives that address CO 80225, 303/236-8145 extension 626; (Coryphantha scheeri var. robustispina) the issues and management strategies fax in the San Javier District of the Tohono with these topics. SUPPLEMENTARY INFORMATION: Ouray O’Odham Reservation and the Tucson Crab Orchard National Wildlife NWR is located in northeast Utah. metropolitan area of Arizona. Refuge was established on August 5, Implementation of the Plan will focus PERMIT NO. TE—814841 1947, by Public Law 80–361. This Act on adaptive resource management of of Congress transferred certain Federal wetland, grassland, and semidesert Applicant: Desert Botanical Garden, lands acquired in connection with the shrubland habitats. restoration and Phoenix, Arizona. Crab Orchard Creek project and the improved management of riparian Applicant requests authorization for Illinois Ordnance Plant to the Secretary bottomlands, recovery of endangered research and recovery purposes to of the Interior. This legislation fish species of the Upper Colorado River collect seeds and voucher specimens mandated these lands be administered Ecosystem, and opportunities for from the Pima pineapple cactus by the Secretary through the Service compatible wildlife-dependent (Coryphantha scheeri var. robustispina) ‘‘for the conservation of wildlife, and for recreation. Habitat monitoring and in El Paso, Texas. the development of the agricultural, evaluation will be emphasized as the PERMIT NO. TE—23152 recreational, industrial, and related Plan is implemented. Opportunities for Applicant: Michael Baker Jr., Inc., purposes specified in this Act.’’ compatible wildlife-dependent recreation will continue to be provided. Midvale, Utah. The 43,890-acre refuge contains three Applicant requests authorization to large manmade lakes totaling 8,700 Dated: February 16, 2000. conduct presence/absence surveys for acres; 21,000 acres of forestland, 5,000 Terry T. Terell, the cactus ferruginous pygmy-owl acres of cropland, and 2,000 acres of Deputy Regional Director, Denver, Colorado. (Glaucidium brasilianum cactorum) in grassland. The refuge supports an [FR Doc. 00–4332 Filed 2–23–00; 8:45 am] Pima and Maricopa Counties, Arizona. BILLING CODE 4310±55±M extensive variety of plant and animal PERMIT NO. TE—23159 species, hosts 1.2 million recreational visitors per year, provides facilities for Applicant: Southwestern industrial tenants who generate $100 DEPARTMENT OF THE INTERIOR Ornithological Research and Adventures, Albuquerque, New Mexico. million in annual revenue, and sponsors Fish and Wildlife Service cooperative farmers and permittee Applicant requests authorization to graziers. The 4,050-Crab Orchard Endangered and Threatened Species conduct presence/absence surveys for Wilderness, the first wilderness area Permit Applications the southwestern willow flycatcher designed in the State of Illinois, is (Empidonax traillii extimus) within New Mexico. within the refuge. ACTION: Notice of receipt of applications. PERMIT NO. TE 822998 Dated: February 15, 2000. SUMMARY: The following applicants have William F. Hartwig, applied for a permit to conduct certain Applicant: Coronado National Forest, Regional Director. activities with endangered species. This Tucson, Arizona. [FR Doc. 00–4330 Filed 2–23–00; 8:45 am] notice is provided pursuant to section Applicant requests authorization to 10(a) of the Endangered Species Act of conduct presence/absence surveys for BILLING CODE 4310±55±M 1973, as amended (16 U.S.C. 1531, et the Yaqui chub (Gila purpurea) within seq.). lands of the Coronado National Forest.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00055 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9292 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

PERMIT NO. TE 004401 stakeholders, customers, and others who DEPARTMENT OF THE INTERIOR Applicant: Robert Schmalzel, Tucson, have interest in the earth and life Bureau of Indian Affairs Arizona. sciences an opportunity to provide Applicant requests authorization for input, from their perspectives and needs, on future science directions; (2) Grant availability to Federally scientific research and recovery Recognized Indian Tribes for Projects purposes to conduct activities with the to engage in a dialog with stakeholders on their specific interests within broad Implementing Traffic Safety on Indian Pima pineapple cactus (Coryphantha Reservations scheeri var. robustispina) at the science categories; and (3) to discuss Arizona-Sonora Desert Museum in opportunities for on-going stakeholder AGENCY: Bureau of Indian Affairs, Arizona. involvement in the development of Interior. science initiatives within USGS. The ACTION: DATES: Written comments on these meeting is open to all interested Notice. permit applications must be on or before stakeholders. Pre-registration, however, SUMMARY: The Bureau of Indian Affairs March 27, 2000. is requested, as meeting space is All comments received, including (BIA) intends to make funds available to limited. Registration information is federally-recognized Indian tribes on an names and addresses, will become part provided below. of the official administrative record and annual basis for the purpose of may be made available to the public. DATES: March 22 and 23, 2000. implementing traffic safety projects, which are designed to reduce the FOR FURTHER INFORMATION CONTACT: The ADDRESSES: USGS National Center U.S. Fish and Wildlife Service, Headquarters, 12201 Sunrise Valley number of traffic crashes within Indian Ecological Services, Division of Drive, Reston, VA 20192. Country. Due to the limited funding Endangered Species/Permits, P.O. Box available for this program, all projects FOR FURTHER INFORMATION CONTACT: Gail will be reviewed and selected on a 1306, Albuquerque, New Mexico 87103. Wendt, USGS Office of External Affairs, Please refer to the respective permit competitive basis. This notice informs 703–648–5604 or 703–648–4599 Indian tribes that grant funds are number for each application when ([email protected]). requesting copies of documents. available and that the information Documents and other information SUPPLEMENTARY INFORMATION: packets are forthcoming. Information packets will be distributed by the end of submitted with these applications are 1. Background available for review, subject to the January of each program year to all requirements of the Privacy Act and As the nation’s science agency for tribal leaders on the latest Tribal Freedom of Information Act, by any natural resources and the environment, Leaders List. party who submits a written request for the USGS is committed to meeting the DATES: Requests for funds must be a copy of such documents within 30 health, safety and knowledge needs of received by June 1 of each program year. days of the date of publication of this the changing world around us. In order Requests not received in the Office of notice, to the address above. to ensure that the science directions and the Indian Highway Safety Program by program development of the USGS is in close of business on June 1 will not be Susan MacMullin, concert with the needs of the public that considered. Programmatic Assistant Regional Director, it serves, the USGS is creating ADDRESSES: Each tribe must submit their Ecological Services, Region 2, Albuquerque, opportunities to have conversations New Mexico. request to the Bureau of Indian Affairs, with it customers and to seek their Division of Safety Management, [FR Doc. 00–4370 Filed 2–23–00; 8:45 am] input. The March 22 and 23, 2000, Attention: Indian Highway Safety BILLING CODE 4510±01±P meeting is the first such ‘‘Conversation Program Coordinator, 505 Marquette with Customers’’ to be sponsored by the Avenue, NW, Suite 1705, Albuquerque, USGS. DEPARTMENT OF THE INTERIOR NM 87102. 2. Registration Information FOR FURTHER INFORMATION CONTACT: Geological Survey Tribes should direct questions Registration information can be concerning the grant program to Larry obtained by sending an email message A Conversation With Customers on Archambeau, Indian Highway Safety to [email protected]. You may also Future Science Directions Program Coordinator or to Charles L. call the USGS Office of External Affairs, Jaynes, Program Administrator, AGENCY: U.S. Geological Survey, DOI. 703–648–4599. Registered parties will Telephone: (505) 248–5053. ACTION: Notice of Customer Meeting. receive a follow-up packet of information that provides an agenda and SUPPLEMENTARY INFORMATION: SUMMARY: The USGS is sponsoring two topics of the listening sessions for each Background days of listening sessions to help share day and the format for participation. its science directions for the year 2002 Customers who have registered in The Federal-Aid Highway Act of 1973 and beyond. The USGS is sponsoring advance will give a brief presentation (Pub. L. 93–87) provides for U.S. these sessions as an opportunity for (5–10 minutes) and will then engage in Department of Transportation (DOT) users of earth and life science data and a roundtable discussion with USGS funding to assist Indian tribes in research to share their views on future leaders. For anyone who wishes to implementing Highway Safety projects. science directions of the USGS. The provide input, but who cannot attend, The projects are designed to reduce the sessions will be organized around broad please submit ideas to the same email number of traffic crashes and their science topics and customers who have address: [email protected]. resulting fatalities, injuries, and registered in advance will have an property damage within Indian opportunity to give a brief presentation Registration deadline is March 13, 2000. reservations. All federally-recognized of their science needs and issues. Amy L. Holley, Indian tribes on Indian reservations are Attendees are welcome to listen to any Senior Advisor to the Director. eligible to receive this assistance. All or all of the sessions. The purposes of [FR Doc. 00–4275 Filed 2–23–00; 8:45 am] tribes receiving awards of program this meeting are: (1) to give BILLING CODE 4310±Y7±M funds are reimbursed for costs incurred

VerDate 162000 18:24 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00056 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm04 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9293 under the terms of 23 U.S.C. 402 and Funding Criteria enforcement records on traffic crashes. subsequent amendments. The Bureau of Indian Affairs will Other sources of data include ambulance records, court and police Responsibilities reimburse for eligible costs associated with the following: arrest records. The problem For purposes of application of the (1) Alcohol and Other Drug identification process may be aided by Act, Indian reservations are collectively Countermeasures. Salary and overtime using professional opinions of considered a ‘‘State’’ and the Secretary (DWI enforcement officer), enforcement/ personnel in law enforcement, Indian Health Service, driver education, road of the Interior is considered the education, NHTSA-approved training, engineers, education specialists, and ‘‘Governor of a State.’’ The Secretary of approved breath-testing equipment judicial personnel. This data should the Interior delegated the authority to (must be included on most recent accompany the funding request. Impact administer the programs throughout all Consumer Products List published by problems should be indicated during the reservations in the United States to NHTSA), community/school alcohol the identification process. An impact the Assistant Secretary—Indian Affairs. traffic safety education, DWI offender problem is a highway safety problem The Assistant Secretary—Indian Affairs education, prosecution, adjudication, that contributes to car crashes, fatalities and vehicle expenses. further delegated the responsibility for and/or injuries, and one that may be (2) Police Traffic Services. Salary and primary administration of the Indian corrected by the application of overtime (traffic enforcement/ Highway Safety Program to the Division countermeasures. Impact problems can of Safety Management located in education), traffic law enforcement/ be identified from analysis of statewide Albuquerque, New Mexico. The Chief, radar training, speed enforcement and/or tribal traffic records. The Division of Safety Management as equipment (must be on Consumer analyses should consider as a minimum: program administrator of the Indian Products List published by NHTSA), pedestrian, motorcycle, bicycle, Highway Safety Program, has three full- community/school education, and passenger car, school bus, and truck time staff members to assist in program vehicle expenses. crashes; records on problem drivers, matters and provide technical assistance (3) Motorcycle, Pedestrian, Bicycle roadside and roadway hazards, alcohol to the Indian tribes. It is at this level that initiatives. involvement, youth involvement, contacts with the DOT are made with (4) Occupant Protection: defective vehicle involvement, respect to program approval, funding of (a) Child passenger safety—child car suspended or revoked driver projects and technical assistance. The seat loaner program, car seat involvement, speed involvement, child DOT, through the National Highway transportation/storage, and public safety seat and seat belt usage. Data Traffic Safety Administration (NHTSA) information/education. should accompany the funding request. and the Federal Highway (b) Community seat belt program— (3) Countermeasures Selection. When Administration (FHWA), is responsible salary, education/promotional materials, tribal traffic safety problems are for ensuring that the Indian Highway office expense, and NHTSA-approved identified, the tribe’s Safe Community Safety Program is carried out in Occupant Protection Usage and coalition must develop appropriate accordance with 23 U.S.C. 402 and Enforcement (OPUE) training. countermeasures to solve or reduce the other applicable Federal statutes and (5) Traffic Records. Salary, ADP problems. The tribe should take into regulations. equipment, and training. account the overall cost of the (6) Emergency Medical Services. countermeasures versus their possible The NHTSA is responsible for the Training and public information/ apportionment of funds to the Secretary effect on the problem. education. (4) Objectives/Performance Indicators. of the Interior, review and approval of (7) Roadway Safety. Traffic signs After countermeasures selection, the the Indian Highway Safety Plan (warning, regulatory, work zone), objectives of the project must be involving NHTSA highway safety hardware and sign posts, and expressed in clearly defined, time- program areas and technical guidance Construction Zone Safety and Flagger framed and measurable terms. and assistance to the BIA. Training. (5) Budget Format. The activities to be Program Areas (8) Safe Community Projects. Salary, funded shall be outlined in detail project management, public according to the following object The Surface Transportation and information, law enforcement, groups: personnel services, travel, Uniform Relocation Assistance Act of prosecution, judicature, and data transportation, rent/communications, 1987, 23 U.S.C. 402(j), required DOT to management. printing and reproduction, other conduct a rulemaking process to services, equipment and training. Each Project Guidelines determine those programs most effective object group shall be quantified; i.e., in reducing traffic crashes, injuries, and The BIA will send information personnel activities should show fatalities. Those program areas were packets to the tribes by January of each number to be employed, hours to be determined to be national priority program year. Upon receipt of the employed, hourly rate of pay, etc. Each program areas, and include the information packet, each tribe should object group shall have sufficient detail following: prepare a proposed project based on the to show what is to be procured, unit (1) NHTSA Program Areas: (a) following guidelines: cost, quarter in which the procurement Alcohol and Other Drug (1) Program Planning. Program is to be made and the total cost, Countermeasures; (b) Police Traffic planning shall be based upon the including any tribal contribution to the Services; (c) Occupant Protection; (d) highway safety problems identified and project. Traffic records; (e) Emergency Medical countermeasures selected by the tribe, (6) Evaluation Plan. Evaluation is the Services; and (f) Safe Communities. using a Safe Community concept for the process of determining whether a purpose of reducing traffic crash factors. highway safety activity should be (2) FHWA Program Area: Roadway (2) Problem Identification. Highway undertaken, if it is being properly Safety. traffic safety problems shall be conducted, and if it has accomplished (3) NHTSA and FHWA Program Area: identified from the best data available. its objectives. The tribe must include in Pedestrian and Bicycle Safety. This data may be found in tribal the funding request a plan explaining

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00057 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9294 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices how the evaluation will be Notification of Non-Selection actual accomplishments to the planned accomplished and identifying the The Program Administrator will activity. The BIA will evaluate the criteria to be used in measuring notify each tribe of non-selection. The project on-site at the discretion of the performance. tribe will be provided the reason for Indian Highway Safety Program (7) Technical Assistance. The Indian non-selection. Administrator. Highway Safety Program staff will be Dated: February 17, 2000. available to tribes for technical Uniform Administrative Requirements Kevin Gover, assistance in the development of tribal for Grant-in-Aid Assistant Secretary—Indian Affairs. projects. Uniform grant administration [FR Doc. 00–4357 Filed 2–23–00; 8:45 am] (8) Section 402 Project Length. procedures have been established on a Section 402 funds may not be used to national basis for all grant-in-aid BILLING CODE 4310±02±P fund the same project at one location or programs by DOT/NHTSA under 49 jurisdiction for more than 3 years. CFR part 18, ‘‘Uniform Administrative DEPARTMENT OF THE INTERIOR (9) Certification Regarding Drug-free Requirements for Grants and Workplace Requirement. Indian tribes Cooperative Agreements to State and Bureau of Land Management receiving highway safety grants through Local Governments.’’ NHTSA and the Indian Highway Safety Program FHWA have codified uniform [OR±957±00±1420±BJ: GPO±0093] must certify that they will maintain a procedures for State Highway Safety drug-free workplace. An individual Filing of Plats of Survey: Oregon/ Programs in 23 CFR parts 1200, 1204 Washington authorized to sign for the tribe or and 1205. OMB Circular A–87 and reservation must sign the certification. NHTSA Order 462–13A have AGENCY: Bureau of Land Management. The Department of Transportation must established cost principles applicable to ACTION: Notice. receive the certification before it will grants and contracts with State and local release grant funds for that tribe or government. It is the responsibility of SUMMARY: The plats of survey of the reservation. The certification must be the Indian Highway Safety Program to following described lands are scheduled submitted with the tribal Highway establish operating procedures to be officially filed in the Oregon State Safety Project proposal. consistent with the applicable Office, Portland, Oregon, thirty (30) Submission Deadline provisions of these rules. calendar days from this date of this publication. Each tribe must submit its funding Standards for Financial Management request to the BIA Indian Highway System Willamette Meridian Safety Program, Albuquerque, New Tribal financial management systems Oregon Mexico. The request must be received must provide: T. 36 S., R. 5 W., accepted December 29, 1999 by the Indian Highway Safety Program (1) Accurate, current, and complete T. 23 S., R. 5 W., accepted January 5, 2000 by close of business June 1 of each disclosure of financial results of the T. 25 S., R. 7 W., accepted January 5, 2000 program year. Requests for extension to Highway Safety project. T. 19 S., R. 2 W., accepted January 10, 2000 this deadline will not be granted. (2) Adequate record keeping. T. 14 S., R. 29 E., accepted January 12, 2000 Modifications of the funding request (3) Control over and accountability for T. 37 S., R. 6 W., accepted January 19, 2000 received after the close of the funding all funds and assets. T. 11 S., R. 2 E., accepted January 19, 2000 period will not be considered in the (4) Comparison of actual expenditures Washington review and selection processes. with budgeted amounts. T. 28 N., R. 13 W., accepted December 29, Selection Criteria (5) Documentation of accounting 2000 records. Each funding request will be reviewed (6) Appropriate auditing. Highway If protests against a survey, as shown and evaluated by the Indian Highway Safety Projects will be included in the on any of the above plat(s), are received Safety Program staff, Law Enforcement Tribal A–128 single audit requirement. prior to the date of official filing, the staff, Department of Education staff, Tribes will provide a quarterly filing will be stayed pending Office of Alcohol and Substance Abuse financial and program status report to consideration of the protest(s). A plat staff, and BIA Division of the BIA Indian Highway Safety Program will not be officially filed until the day Transportation staff. Each staff member Coordinator, 505 Marquette, NW, Suite after all protests have been dismissed will rank the projects by assigning 1705, Albuquerque, New Mexico 87102. and become final or appeals from the points to four areas of consideration. These reports will be submitted no later dismissal affirmed. The areas of consideration are: (1) than 7 days beyond the reporting The plat(s) will be placed in the open Magnitude of the problem, 50 points; (2) month. files of the Oregon State Office, Bureau countermeasure selection, 40 points; (3) of Land Management, 1515 S.W. 5th tribal leadership and community Project Monitoring Avenue, Portland, Oregon 97201, and support, 10 points; and (4) past During the program year, it is the will be available to the public as a performance, 10 points. responsibility of the BIA Indian matter of information only. Copies of Highway Safety Program to maintain a the plat(s) may be obtained from the Notification of Selection degree of project oversight, provide above office upon required payment. A The tribes selected to participate will technical assistance as needed to assist person or party who wishes to protest be notified by letter. Each tribe selected the project in fulfilling its objectives, against a survey must file with the State must include in its proposal a and assure that grant provisions are Director, Bureau of Land Management, certification regarding drug-free complied. Portland, Oregon, a notice that they workplace requirements and a duly wish to protest prior to the proposed authorized tribal resolution. The Project Evaluation official filing date given above. A certification and resolution must be on The BIA will conduct a performance statement of reasons for a protest may be file before grant funds for the tribe or evaluation for each Highway Safety filed with the notice of protest to the reservation can be released. project. The evaluation will measure the State Director, or the statement of

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9295 reasons must be filed with the State Huntington County Macomb County Director within thirty (30) days after the Old Plat Historic District, Roughly Bounded General Motors Technical Center, Bounded proposed official filing date. by Warren, John, Wilkerson, Lincoln, by 12 Mile, Mound and Chicago Rds, and The above-listed plats represent Washington, Second and Court Sts., Van Dyke Ave., Warren, 00000224 dependent resurveys, survey, and Huntington, 00000196 Saginaw County subdivision. Jay County Gugel Bridge, Beyer Rd. at the Cass R, Frankenmuth Township, 00000217 FOR FURTHER INFORMATION CONTACT: Haines, James, Farm, Cty Rd. 869E 200S, Bureau of Land Management, (1515 Portland, 00000202 Van Buren County S.W. 5th Avenue) P.O. Box 2965, Johnson County Houppert Winery Complex, 646 N Nursery, Portland, Oregon 97208. Heck—Hasler House, 6612 N 575 E, Franklin, Lawton, 00000222 Dated: January 28, 2000. 00000204 NEW HAMPSHIRE Robert D. DeViney, Jr., Marion County Belknap County Branch of Realty and Records Services. Shortridge—Meridian Street Apartments District No. 9 Schoolhouse, 358 Hoyt Rd., [FR Doc. 00–4310 Filed 2–23–00; 8:45 am] Historic District, Roughly bet. 34th and Gilford, 00000198 BILLING CODE 4310±33±M 38th Sts., along N. Meridian and N. Pennsylvania Sts., Indianapolis, 00000195 NORTH CAROLINA Franklin County DEPARTMENT OF THE INTERIOR Monroe County Coca-Cola Bottling Company Plant, 318 S. Massenburg Plantation (Boundary Increase), National Park Service Washington St., Bloomington, 00000206 821 NC 561, Louisburg, 00000225 Home Laundry Company, 300 E 3rd St., Haywood County National Register of Historic Places; Bloomington, 00000208 Colonial Theater, 55–57 Park St., Canton, Notification of Pending Nominations Morgan County 00000226 Nominations for the following Neely House, 739 W. Washington St., OREGON Martinsville, 00000203 properties being considered for listing Deschutes County in the National Register were received Rush County Hamilton, Benjamin, House, (Craftman by the National Park Service before Wood, John, Farmstead, 5255 W Cty Rd. 900 Bungalows in Deschutes County MPS), 552 February 12, 2000. Pursuant to section S, Milroy, 00000201 NW State St., Bend, 00000228 60.13 of 36 CFR Part 60 written Jones, Simpson E., House, (Craftman comments concerning the significance St. Joseph County Bungalows in Deschutes County MPS), of these properties under the National Service, Jeremiah H., House, 302 E. Michigan 1535 NW Awbrey Rd., Bend, 00000227 St., New Carlisle, 00000216 Register criteria for evaluation may be TENNESSEE forwarded to the National Register, Sullivan County Sumner County National Park Service, 1849 C St., NW, Sullivan County Poor Home, 1447 Cty Rd. 75 Maple Cottage, 1335 Long Hollow Pike, NC400, Washington, DC 20240. Written N, Sullivan, 00000207 comments should be submitted by Cottontown, 00000229 Vanderburgh County March 10, 2000. Williamson County Evansville Downtown Historic District, Adams Street Historic District, (Williamson Carol D. Shull, Roughly Main St. bet. 2nd St. and Martin Keeper of the National Register. MPS), 1112–1400 Adams, 1251–1327 Luther King Jr. Blvd., 4th St., vet. Adams St., and 304–308 Stewart St., GEORGIA Sycamore and Chestnut St., Evansville, Franklin, 00000233 00000197 Franklin Historic District (Boundary Bryan County General Cigar Company, 223 NW 2nd St., Increase), (Williamson MPS), 300 block of Bryan Neck Presbyterian Church, Belfast Evansville, 00000212 4th Ave. S, Franklin, 00000232 Keller Rd., Keller, 00000193 Vermillion County Sparkman—Skelley Farm, (Williamson MPS), 5540 Leiper’s Creek Rd., Boston, 00000234 Oconee County Clinton Downtown Historic District, Roughly Durham Homeplace, 1561 Watson Springs bet. S. Water and S. Third Sts.; Elm St. to Wilson County Rd., Watkinsville, 00000194 the CRX RR R.O.W., Clinton, 00000205 Bailey, Harry, House, 423 Trousdale Ferry Rd., Lebanon, 00000230 INDIANA MICHIGAN WASHINGTON Clay County Clinton County Aqueduct Bridge, Towpath Rd. over Birch Gibbs, Giles J., Building—Sugar Bowl, 12 N. Pierce County Creek, Clay City, 00000209 Clinton Ave., St. Johns, 00000223 1843 Fort Nisqually, Address Restricted, Feeder Dam Bridge, Towpath Rd. over Eel R., Eaton County DuPont, 00000236 Clay City, 00000215 [FR Doc. 00–4319 Filed 2–23–00; 8:45 am] Indiana State Highway Bridge 42–11–3101, Michigan Central Railroad Charlotte Depot, IN 42 over Eel R, Poland, 00000210 430 N Cochran Ave., Charlotte, 00000218 BILLING CODE 4310±70±P Indiana State Highway Bridge 46–11–1316, Keweenaw County IN 46 over Eel R, Bowling Green, 00000211 Jeffers Bridge, CR 200S over Birch Creek, Church of the Assumption, US 41, E of M 26, DEPARTMENT OF THE INTERIOR Clay City, 00000213 Houghton Township, 00000220 Shakamak State Park Historic District, (New Houghton County Traction Company Bureau of Reclamation Deal Resources on Indiana State Lands Ahmeek Streetcar Station, US 41/M 26 and MPS) 6265 W. IN 48, Jasonville, 00000199 Hubbell St., Allouez, 00000221 Information Collection Activities Under OMB Review Hendricks County Leelanau County Twin Bridges, Cty Rd. 150 E over White Lick Morgan—Copp—Mervau Building, 101 N. AGENCY: Bureau of Reclamation, Creek, Danville, 00000200 Mill St., Northport, 00000219 Interior.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9296 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

ACTION: Notice of Data Collection techniques or other forms of information DEPARTMENT OF THE INTERIOR Submission. technology. Title: Recreation Use Data Report. Bureau of Reclamation SUMMARY: In compliance with the OMB No.: Reinstatement of OMB No. Paperwork Reduction Act (44 U.S.C. 1006–0002. Glen Canyon Adaptive Management Work Group (AMWG) and Glen Canyon 3501 et seq.), this notice announces that Summary: Reclamation will collect Technical Work Group (TWG) the Information Collection Request (ICR) recreation and concession information abstracted below has been forwarded to in support of existing public laws, AGENCY: Bureau of Reclamation, the Office of Management and Budget financial reporting requirements, and Interior. (OMB) for review and comment. The Reclamation’s mission. The information ACTION: Notice of public meetings. ICR describes the nature of the will further Reclamation’s ability to information collection and its expected evaluate program and management SUMMARY: As required by the Federal cost and burden. effectiveness of existing recreation and Advisory Committee Act of October 6, DATES: Comments must be submitted on concessionaire resources and facilities. 1972, the Bureau of Reclamation is or before March 27, 2000. It will ensure the accuracy and publishing notice of three public ADDRESSES: Comments on this completeness of information about meetings. The Adaptive Management information collection should be recreation opportunities on Reclamation Program (AMP) was implemented as a submitted to the Office of Information project lands in the 17 Western States result of the Record of Decision on the and Regulatory Affairs, Office of and validate public use of managed Operation of Glen Canyon Dam Final Management and Budget, Attention: recreation resources. Environmental Impact Statement and to Desk Officer for the Department of the Description of respondents: The comply with consultation requirements Interior, 725 17th Street, NW., information collection primarily affects of the Grand Canyon Protection Act Washington, D.C. 20503. A copy of your other Federal agencies, State, local, or (Pub. L. 102–575) of 1992. The AMP comments should also be directed to the tribal governments or agencies who provides an organization and process to Bureau of Reclamation, Attention Ms. manage Reclamation’s recreation ensure the use of scientific information Mollie Buckey, Office of Policy, 1849 C resources and facilities; and for-profit in decision making concerning Glen Street, NW, Washington, DC 20240. concessionaires, subconcessionaires, Canyon Dam operations and protection of the affected resources consistent with Our practice is to make comments, and nonprofit organizations located on the Grand Canyon Protection Act. The including names and home addresses of Reclamation lands with associated AMP has been organized and includes respondents, available for public recreation services. a Federal advisory committee called the review. Individual respondents may Frequency: Annually. ‘‘Glen Canyon Dam Adaptive request that we withhold their home Form No. 7–2534, Managing Partners Management Work Group,’’ a technical address from public disclosure, which work group, a monitoring and research we will honor to the extent allowable by Estimated completion time: 2 hours. center, and independent review panels. law. There also may be circumstances in Annual responses: 310. The TWG is a subcommittee of the which we would withhold a Annual burden hours: 620. AMWG and provides technical advice respondent’s identity from public Form No. 7–2535, Concessionaires and information for the AMWG to act disclosure, as allowable by law. If you upon. wish us to withhold your name and/or Estimated completion time: 2 hours. address, you must state this Annual responses: 225. DATES: To allow full consideration of prominently at the beginning of your Annual burden hours: 450. information by the TWG and AMWG comment. We will make all submissions An Agency may not conduct or members, comments should be from organizations or businesses, and sponsor, and a person is not required to submitted to the address below at least from individuals identifying themselves respond to, a collection of information 5 days prior to the meeting. as representatives or officials of unless it displays a currently valid OMB The Glen Canyon Technical Work organizations or businesses, available control number. Reclamation will Group (TWG) will conduct one public for public disclosure in their entirety. display a valid OMB control number on meeting as follows: the forms. The Federal Register notice • March 2–3, 2000, Phoenix, FOR FURTHER INFORMATION CONTACT: For with a 60-day comment period soliciting Arizona—The meeting will be held 9:30 further information or a copy of the comments on this collection of a.m. to 4:00 p.m. on the first day and proposed collection of information, information was published on December 8:00 a.m. to 12:00 noon on the second contact Ms. Mollie Buckey at (202) 208– 1, 1997 (62 FR 63557). Reclamation did day. The meeting will be held at the 5204. not receive any comments on this Arizona Department of Water Resources, SUPPLEMENTARY INFORMATION: Comments collection of information during the Conference Room B (3rd Floor), 500 are invited on: (a) whether the proposed comment period. North 3rd Street, Phoenix, Arizona. collection of information is necessary OMB has up to 60 days to approve or The Glen Canyon Adaptive for the proper performance of the disapprove this information collection, Management Work Group (AMWG) will functions of Reclamation, including but may respond after 30 days; conduct two public meetings as follows: whether the information shall have therefore, public comment should be • April 4–5, 2000, Phoenix, practical use; (b) the accuracy of submitted to OMB within 30 days; Arizona—The meeting will be held 9:30 Reclamation’s estimated burden of the therefore, public comment should be a.m. to 4:00 p.m. on the first day and proposed collection of information; (c) submitted to OMB within 30 days in 8:00 a.m. to 12:00 noon on the second ways to enhance the quality, use, and order to assure maximum consideration. day. The meeting will be held in the clarity of the information to be Turquoise Room at the Embassy Suites collected; and (d) ways to minimize the Murlin Coffey, Hotel located at 1515 N. 44th Street in burden of the collection of information Manager, Property and Office Services. Phoenix, Arizona. on those who are to respond, including [FR Doc. 00–4333 Filed 2–23–00; 8:45 am] • July 6–7, 2000, Phoenix, Arizona— through the use of automated collection BILLING CODE 4310±94±M The meeting will be held 9:30 a.m. to

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00060 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9297

4:00 p.m. on the first day and 8:00 a.m. allowed on each agenda for any Federal Center, 501 Belle Street, Room to 12:00 noon on the second day. The individual or organization wishing to 216, Alton, IL 62002, Telephone 618– meeting will be held at the Bureau of make formal oral comments (limited to 463–6463 ext 120; Kentucky: Dave Indian Affairs, Phoenix Area Office, 2 10 minutes) at the meetings. Beam, Lexington Field Office, 2675 Arizona Center, Conference Rooms A Dated: February 16, 2000. Regency Road, Lexington, KY 40503, and B (12th Floor), 400 North 5th Street, Bruce C. Moore, Telephone 606–233–2896; Maryland: Peter Hartman, Appalachian Regional Phoenix, Arizona. Manager, Technical Services & Dams ADDRESSES: Written comments should Division. Coordinating Center, 3 Parkway Center, Pittsburg, PA 15220, Telephone 412– be provided to Randall Peterson, Bureau [FR Doc. 00–4205 Filed 2–23–00; 8:45 am] 937–2905; Missouri: Jeff Gillespie, Mid- of Reclamation, Upper Colorado BILLING CODE 4310±94±P Regional Office, 125 South State Street, Continent Regional Coordinating Center, Room 6107, Salt Lake City, Utah 84138– Alton Federal Center, 501 Belle Street, 1102; faxogram (801) 524–3858; E-mail DEPARTMENT OF THE INTERIOR Room 216, Alton, IL 62002, Telephone at [email protected]. Any written 618–463–6463 ext 128; Ohio: Max comments received will be provided to Office of Surface Mining Reclamation Luehrs, Columbus Area Office, 4480 the TWG and AMWG members at the and Enforcement, Interior Refugee Road, Suite 201, Columbus, OH meetings. 43232, Telephone 614–866–0578 ext Watershed Cooperative Agreement 110; Oklahoma: Daniel Trout, Tulsa Statement for Non-Rulemaking Public Program: Arts and Appalachian Clean Field Office, 5100 East Skelly Drive S– Comment Collection Regarding Streams Program 550, Tulsa, OK 74135, Telephone 918– Disclosure of Commenter Names and 581–6430 ext 25; Pennsylvania: David AGENCY: Home Addresses Office of Surface Mining Hamilton, Harrisburg Field Office, 415 Reclamation and Enforcement, Interior. Our practice is to make comments, Market Street, Suite 3, Harrisburg, PA ACTION: Notice of availability of funds 17101, Telephone 717–782–2285; including names and home addresses of for the Watershed Cooperative respondents, available for public Tennessee: Danny Ellis, Knoxville Field Agreement Program: Arts and Office, 530 Gay Street, Suite 500, review. Individual respondents may Appalachian Clean Stream Program. request that we withhold their home Knoxville, TX 37902, Telephone 423– address from public disclosure, which SUMMARY: The Office of Surface Mining 545–4193 ext 147; Virginia: Ronnie we will honor to the extent allowable by Reclamation and Enforcement (OSM) of Vicars, Big Stone Gap Field Office, 1941 law. There also may be circumstances in the U.S. Department of the Interior is Neeley Road, Suite 201, Compartment which we would withhold a announcing its intent to solicit 116, Big Stone Gap, VA 24219, respondent’s identity from public applications from eligible, not-for-profit Telephone 540–523–0024; West disclosure, as allowable by law. If you candidates for funding under the OSM/ Virginia: Rick Buckley, Charleston Field wish us to withhold your name and/or National Endowment for the Arts Office, 1027 Virginia Street East, address, you must state this Cooperative Agreement Program to Charleston, WV 25301, Telephone 304– prominently at the beginning of your undertake preliminary design projects 347–7162 ext 3024. comment. We will make all submissions engaging significant artists with local SUPPLEMENTARY INFORMATION: For Fiscal from organizations or businesses, and watershed groups. Year 2000, OSM expects to award up to from individuals identifying themselves DATES: Applications for the cooperative $75,000 to eligible not-for-profit groups as representatives or officials of agreements should be submitted to the to undertake preliminary design projects organizations or businesses, available appropriate individual listed under for specific acid mine drainge sites. The for public disclosure in their entirety. ADDRESSES AND FURTHER INFORMATION cooperative agreements will be in the $20,000–25,000 range in order to assist FOR FURTHER INFORMATION CONTACT: starting February 24, 2000. Applications as many groups as possible. The Randall Peterson, telephone (801) 524– will be accepted until March 10, 2000, cooperative agreements will have a 3758. or until all available funds have been awarded, whichever is sooner. performance period of two years. SUPPLEMENTARY INFORMATION: Eligible applicants are not-for-profit, ADDRESSES AND FURTHER INFORMATION: established organizations with IRS Agendas Requests for an application package, • 501(c)(3) status. Applicants must have March 2–3, 2000—The meeting will which includes further information on other partners, contributing either address administrative issues, review the program, the application forms and funding or in-kind services; the partners management objectives and information evaluation criteria, should be directed to must provide a substantial portion of needs, basin hydrology and expected the appropriate Appalachian Clean the total resources needed to complete releases, and the AMWG agenda for the Streams Coordinator: Alabama: Jeannie the project. meeting on April 4–5, 2000. O’Dell, Birmingham Field Office, 135 Projects in the following States are • April 4–5, 2000—The meeting will Gemini Circle, Suite 215, Homewood, eligible: Alabama, Illinois, Indiana, address administrative issues, AMP AL 35209, Telephone 205–290–7282, Iowa, Kentucky, Maryland, Missouri, goals and management objectives, and ext 21; Illinois: Ken Foit, Indianapolis Ohio, Oklahoma, Pennsylvania, hydrologic and other scientific studies. Field Office, Minton-Capehart Federal Tennessee, Virginia and West Virginia. • July 6–7, 2000—The meeting will Building, 575 N. Pennsylvania Street, Projects must meet eligibility criteria for be held to discuss environmental Room 392, Indianapolis, IN 46204, coal projects outlined in Section 404 of compliance issues, basin hydrology, FY Telephone 317–226–6166 ext 230; the Surface Mining Control and 2002 budget, and the development of Indiana: Michael Kalagian, Indianapolis Reclamation Act of 1997: the AMP Strategic Plan. Agenda items Field Office, Minton-Capehart Federal may be revised prior to any of the Building, 575 N. Pennsylvania Street, Lands and water eligible for reclamation or drainage abatement expenditures under this meetings. Final agendas will be posted Room 392, Indianapolis, IN 46204, title are those which were mined for coal or 15 days in advance of each meeting and Telephone 317–226–6166 ext 234; Iowa: which were affected by such mining, can be found on the Internet at http:// Stephen Preston, Mid-Continent wastebanks, coal processing, or other coal www.uc.usbr.gov/amp. Time will be Regional Coordinating Center, Alton mining processes * * * and abandoned or

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9298 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices left in an inadequate reclamation status prior it would conduct an expedited review INTERNATIONAL TRADE to the date of enactment of this Act [August (64 FR 55958, October 15, 1999). The COMMISSION 3, 1977], and for which there is no Commission transmitted its [Investigations Nos. 731±TA±376, 563, and continuing reclamation responsibility under determination in this review to the State or other Federal laws. 564 (Review)] Secretary of Commerce on February 16, There must be demonstrated public 2000. The views of the Commission are Stainless Steel Butt-Weld Pipe Fittings support for the project. The project contained in USITC Publication 3278 From Japan, Korea, and Taiwan should propose to use proven or (February 2000), entitled Polyethylene innovative technology that has a high Terephthalate (PET) Film from Korea: Determinations probability of success. The project Investigation No. 731–TA–459 (Review). On the basis of the record 1 developed design must propose tangible results, Issued: February 16, 2000. in the subject five-year reviews, the e.g., fishery restored, stream miles By order of the Commission. United States International Trade improved, educational and community Donna R. Koehnke, Commission determines, pursuant to benefits, pollutants removed from the section 751(c) of the Tariff Act of 1930 Secretary. streams. The funds must be used for the (19 U.S.C. 1675(c)), that revocation of preliminary design phase of a project; [FR Doc. 00–4361 Filed 2–23–00; 8:45 am] the antidumping duty orders on reimbursement of administrative costs BILLING CODE 7020±02±P stainless steel butt-weld pipe fittings will be carefully scrutinized. from Japan, Korea, and Taiwan would One copy of a complete application be likely to lead to continuation or INTERNATIONAL TRADE should be submitted to the appropriate recurrence of material injury to an COMMISSION Appalachian Clean Streams Coordinator industry in the United States within a identified under ADDRESSES AND reasonably foreseeable time.2 FURTHER INFORMATION or directly to the [Investigations Nos. 731±TA±466, 465, and Arts and Appalachian Clean Streams 468 (Review)] Background Program, Office of Surface Mining, 1951 The Commission instituted these Constitution Avenue NW., Room 120, Sodium Thiosulfate From China, reviews on July 1, 1999 (64 FR 35691, Washington, DC 20240. Awards are Germany, and the United Kingdom July 1, 1999) and determined on October subject to the availability of funds. Determinations 1, 1999 that it would conduct expedited Applications will receive technical and reviews (64 FR 55960, October 15, financial management reviews. On the basis of the record 1 developed 1999). The Commission transmitted its in the subject five-year reviews, the Dated: February 15, 2000. determinations in these reviews to the United States International Trade Kathy Karpan, Secretary of Commerce on February 22, Commission determines, pursuant to 2000. The views of the Commission are Director, Office of Surface Mining section 751(c) of the Tariff Act of 1930 Reclamation and Enforcement. contained in USITC Publication 3280 (19 U.S.C. 1675(c)), that revocation of (February 2000), entitled Stainless Steel [FR Doc. 00–4328 Filed 2–23–00; 8:45 am] the antidumping duty orders on sodium Butt-Weld Pipe Fittings from Japan, BILLING CODE 4310±05±M thiosulfate from China, Germany, and Korea, and Taiwan: Investigations Nos. the United Kingdom would be likely to 731–TA–376, 563, and 564 (Review). lead to continuation or recurrence of Issued: February 15, 2000. INTERNATIONAL TRADE material injury to an industry in the COMMISSION United States within a reasonably By order of the Commission. Donna R. Koehnke, [Investigation No. 731±TA±459 (Review)] foreseeable time. Secretary. Background Polyethylene Terephthalate (PET) Film [FR Doc. 00–4358 Filed 2–23–00; 8:45 am] From Korea The Commission instituted these BILLING CODE 7020±02±P reviews on July 1, 1999 (64 FR 35687, Determination July 1, 1999) and determined on October INTERNATIONAL TRADE On the basis of the record 1 developed 1, 1999 that it would conduct expedited COMMISSION in the subject five-year review, the reviews (64 FR 55959, October 15, United States International Trade 1999). The Commission transmitted its [Investigations Nos. 731-TA±864±867 Commission determines,2 pursuant to determinations in these reviews to the (Preliminary)] section 751(c) of the Tariff Act of 1930 Secretary of Commerce on February 17, (19 U.S.C. 1675(c)) (the Act), that 2000. The views of the Commission are Certain Stainless Steel Butt-Weld Pipe revocation of the antidumping duty contained in USITC Publication 3279 Fittings From Germany, Italy, Malaysia, order on PET film from Korea would be (February 2000), entitled Sodium and the Philippines likely to lead to continuation or Thiosulfate from China, Germany, and Determinations the United Kingdom: Investigations Nos. recurrence of material injury to an 1 industry in the United States within a 731–TA–465, 466, and 468 (Review). On the basis of the record developed reasonably foreseeable time. in the subject investigations, the United Issued: February 15, 2000. States International Trade Commission Background By order of the Commission. determines, pursuant to section 733(a) Donna R. Koehnke, The Commission instituted this review on July 1, 1999 (64 FR 35685) Secretary. 1 The record is defined in sec. 207.2(f) of the [FR Doc. 00–4359 Filed 2–23–00; 8:45 am] Commission’s Rules of Practice and Procedure (19 and determined on October 1, 1999, that CFR 207.2(f)). BILLING CODE 7020±02±P 2 Commissioner Askey dissenting with respect to 1 The record is defined in sec. 207.2(f) of the stainless steel butt-weld pipe fittings from Korea. Commission’s Rules of Practice and Procedure (19 1 The record is defined in sec. 207.2(f) of the 1 The record is defined in sec. 207.2(f) of the CFR 207.2(f)). Commission’s Rules of Practice and Procedure (19 Commission’s Rules of Practice and Procedure (19 2 Commissioner Thelma J. Askey dissenting. C.F.R. 207.2(f)). CFR § 207.2(f)).

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9299 of the Tariff Act of 1930 (19 U.S.C. Notice of the institution of the April 7, 1994 (59 F.R. 16660). The § 1673b(a)), that there is a reasonable Commission’s investigations and of a guidelines provide for a discretionary indication that an industry in the public conference to be held in hearing as part of the review. United States is materially injured by connection therewith was given by DATES: The hearing will be held on reason of imports from Germany, Italy, posting copies of the notice in the Office March 23, 2000, commencing at 9:00 Malaysia, and the Philippines of certain of the Secretary, U.S. International a.m. Persons desiring to present oral stainless steel butt-weld pipe fittings, Trade Commission, Washington, DC, testimony at the hearing must submit a provided for in subheading 7307.23.00 and by publishing the notice in the request in writing, along with a written of the Harmonized Tariff Schedule of Federal Register of January 7, 2000 (65 statement or brief describing the the United States, that are alleged to be FR 1174). The conference was held in information to be presented or position sold in the United States at less than fair Washington, DC, on January 19, 2000, to be taken. value (LTFV). and all persons who requested the opportunity were permitted to appear in ADDRESSES: The hearing will be held at Commencement of Final Phase person or by counsel. the Department of Labor, 200 Investigations The Commission transmitted its Constitution Avenue, NW, Room N– determinations in these investigations to 5437 in Washington, DC. Written Pursuant to section 207.18 of the statements or briefs and requests to Commission’s rules, the Commission the Secretary of Commerce on February 14, 2000. The views of the Commission present oral testimony may be mailed or also gives notice of the commencement hand delivered to the U.S. National of the final phase of its investigations. are contained in USITC Publication 3281 (February 2000), entitled Certain Administrative Office (NAO), The Commission will issue a final phase Department of Labor, 200 Constitution notice of scheduling which will be Stainless Steel Butt-Weld Pipe Fittings from Germany, Italy, Malaysia, and the Avenue, NW, Room C–4327, published in the Federal Register as Washington, DC 20210. Requests to provided in section 207.21 of the Philippines: Investigations Nos. 731– TA–864–867 (Preliminary). present oral testimony and written Commission’s rules upon notice from statements or briefs must be received by the Department of Commerce Issued: February 16, 2000. the NAO no later than close of business (Commerce) of affirmative preliminary By order of the Commission. March 13, 2000. determinations in the investigations Donna R. Koehnke, FOR FURTHER INFORMATION CONTACT: under section 733(b) of the Act, or, if the Secretary. preliminary determinations are Lewis Karesh, Acting Secretary, U.S. [FR Doc. 00–4360 Filed 2–23–00; 8:45 am] National Administrative Office, negative, upon notice of affirmative BILLING CODE 7020±02±P final determinations in those Department of Labor, 200 Constitution investigations under section 735(a) of Avenue, NW, Room C–4327, Washington, DC 20210. Telephone: the Act. Parties that filed entries of DEPARTMENT OF LABOR appearance in the preliminary phase of (202) 501–6653 (this is not a toll free number). the investigations need not enter a Office of the Secretary separate appearance for the final phase SUPPLEMENTARY INFORMATION: of the investigations. Industrial users, Bureau of International Labor Affairs; and, if the merchandise under U.S. National Administrative Office; I. Nature and Conduct of Hearing investigations is sold at the retail level, North American Agreement on Labor As set out in the notice published in representative consumer organizations Cooperation; Hearing on Submission the Federal Register on January 13, have the right to appear as parties in #9901 2000, the objective of the review will be Commission antidumping and to gather information to assist the NAO AGENCY: Office of the Secretary, Labor. countervailing duty investigations. The to better understand and publicly report Secretary will prepare a public service ACTION: Notice of hearing. on the freedom of association, the right list containing the names and addresses SUMMARY: The purpose of this notice is to organize, and occupational safety and of all persons, or their representatives, to announce a hearing, open to the health issues raised in the submission, who are parties to the investigation. public, on Submission #9901. including the Government of Mexico’s compliance with the obligations agreed Background Submission #9901, was filed with the U.S. National Administrative Office to under Articles 2, 3, 4 and 5 of the On December 29, 1999, a petition was (NAO) on November 10, 1999, by the NAALC. filed with the Commission and the Association of Flight Attendants (AFA) The hearing will be conducted by the Department of Commerce on behalf of and the Association of Flight Attendants Acting Secretary of the NAO or the Alloy Piping Products, Inc., Shreveport, of Mexico (ASSA). The submission was Acting Secretary’s designee. It will be LA; Flowline Division of Markovitz accepted for review by the NAO on open to the public. All proceedings will Enterprises, Inc., New Castle, PA; January 7, 2000, and a notice of be conducted in English, with Gerlin, Inc., Carol Stream, IL; and acceptance for review was published in simultaneous translation in English and Taylor Forge Stainless, Inc., North the Federal Register on January 13, Spanish provided. The public files for Branch, NJ, alleging that an industry in 2000. the submission, including written the United States is materially injured Article 16 (3) of the North American statements, briefs, and requests to and threatened with material injury by Agreement on Labor Cooperation present oral testimony, will be made a reason of LTFV imports of certain (NAALC) provides for the review of part of the appropriate hearing record. stainless steel butt-weld pipe fittings labor law matters in Canada and Mexico The public files will also be available from Germany, Italy, Malaysia, and the by the NAO in accordance with U.S. for inspection at the NAO prior to the Philippines. Accordingly, effective domestic procedures. Revised hearing. December 29, 1999, the Commission procedural guidelines pertaining to the The hearing will be transcribed. A instituted antidumping duty submission, review, and reporting transcript of the proceeding will be investigations Nos. 731–TA–864–867 process utilized by the office were made available for inspection, as (Preliminary). published in the Federal Register on provided for in Section E of the

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9300 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices procedural guidelines, or may be NATIONAL INDIAN GAMING NUCLEAR REGULATORY purchased from the reporting company. COMMISSION COMMISSION Disabled persons should contact the Acting Secretary of the NAO no later Fee Rates [Docket No. 50±201] than March 17, 2000 if special AGENCY: National Indian Gaming accommodations are needed. Decommissioning Criteria for the West Commission. Valley Demonstration Project (M±32), II. Written Statements or Brief and ACTION: Notice. and the West Valley Site Revised Requests To Present Oral Testimony Comment Period on Draft Policy Written statements or briefs shall SUMMARY: Notice is hereby given, Statement provide a description of the information pursuant to 25 CFR 514.1(a)(3), that the AGENCY: Nuclear Regulatory to be presented or position taken and National Indian Gaming Commission Commission. shall be legibly typed or printed. has adopted preliminarily annual fee Requests to present oral testimony shall rates of 0.00% for tier 1 and 0.09% ACTION: Notice of revised comment include the name, address, and (.0009) for tier 2 for calendar year 2000. period. telephone number of the witness, the These rates shall apply to all assessable organization represented, if any, and gross revenues from each gaming SUMMARY: On December 3, 1999, the any other information pertinent to the operation under the jurisdiction of the U.S. Nuclear Regulatory Commission request. Five copies of a statement or Commission. (NRC) published in the Federal Register brief and a single copy of a request to FOR FURTHER INFORMATION CONTACT: a draft Policy Statement on the criteria present oral testimony shall be Bobby Gordon, National Indian Gaming to be used for decommissioning the submitted to the NAO at the time of Commission, 1441 L Street, NW, Suite West Valley Demonstration Project and filing. 9100, Washington, DC 20005; telephone West Valley Site. The NRC requested No request to present oral testimony 202/632–7003; fax 202/632–7066 (these that comments on the draft Policy will be considered unless accompanied are not toll-free numbers). Statement be submitted by February 1, by a written statement or brief. A 2000. A public meeting to discuss the SUPPLEMENTARY INFORMATION: The request to present oral testimony may be draft policy statement for the Indian Gaming Regulatory Act denied if the written statement or brief decommissioning criteria for West established the National Indian Gaming suggests that the information sought to Valley with interested members of the Commission which is charged with, be provided is unrelated to the review public was held in West Valley, New among other things, regulating gaming of the submission or for other York, on January 5, 2000. As a result of on Indian lands. appropriate reasons. The NAO will comments from the public the NRC is notify each requester of the disposition The regulations of the Commission reopening the comment period until of the request to present oral testimony. (25 CFR part 514), as amended, provide April 1, 2000. Comments received after for a system of fee assessment and this date will be considered if it is In presenting testimony, the witness payment that is self-administered by practical to do so, but NRC will only be should summarize the written statement gaming operations. Pursuant to those able to assure consideration of or brief, may supplement the written regulations, the Commission is required comments received on or before this statement or brief with relevant to adopt and communicate assessment date. information, and should be prepared to rates; the gaming operations are answer questions from the Secretary of required to apply those rates to their FOR FURTHER INFORMATION CONTACT: the NAO or the Secretary’s designee. revenues, compute the fees to be paid, Questions with respect to this action Oral testimony will ordinarily be report the revenues, and remit the fees should be referred to Jack D. Parrott, limited to a ten minute presentation, not to the Commission on a quarterly basis. Project Scientist, Decommissioning including the time for questions. Branch, Division of Waste Management, Persons desiring more than ten minutes The regulations of the Commission Office of Nuclear Material Safety and for their presentation should so state in and the preliminary annual rate being Safeguards, Mail Stop T–8F37, U.S. the request, setting out reasons why adopted today are effective for calendar Nuclear Regulatory Commission, additional time is necessary. year 2000. Therefore, all gaming Washington, DC 20555–0001. operations within the jurisdiction of the The requirements relating to the Telephone: (301) 415–6700; e-mail: Commission are required to self- submission of written statements or [email protected]. administer the provisions of these briefs and requests to present oral regulations and report and pay any fees Dated at Rockville, Maryland, this 14th day testimony may be waived by the that are due to the Commission by of February 2000. Secretary of the NAO for reasons of March 31, 2000. For the U.S. Nuclear Regulatory Commission. equity and public interest. Larry W. Camper, Signed at Washington, DC on February 11, Barry Brandon, Chief, Decommissioning Branch, Division of 2000. Chief of Staff, National Indian gaming Waste Management, Office of Nuclear Lewis Karesh, Commission. Material Safety and Safeguards. [FR Doc. 00–4364 Filed 2–23–00; 8:45 am] Acting Secretary, U.S. National [FR Doc. 00–4354 Filed 2–23–00; 8:45 am] Administrative Office. BILLING CODE 7565±01±M BILLING CODE 7590±01±P [FR Doc. 00–4340 Filed 2–23–00; 8:45 am] BILLING CODE 4510±28±P

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00064 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9301

NUCLEAR REGULATORY that the extension of SONGS’ Units 2 CFR 100.11(a) for the proposed license COMMISSION and 3 Operating Licenses Nos. NPF–10 term extension. Also, there is no and NPF–15 would not create any new expected change in land usage during [Docket Nos. 50±361 and 50±362] or unreviewed environmental impacts. the license terms that would affect Southern California Edison; San This change does not involve any offsite dose calculations. Accordingly, Onofre Nuclear Generating Station, physical modifications to the facilities, the staff concludes that the proposed Unit Nos. 2 and 3 Environmental and there are no new or unreviewed action will not significantly change Assessment and Finding of No environmental impacts that were not previous conclusions regarding the Significant Impact considered as part of the Final potential environmental effects of offsite Environmental Statement (FES) dated releases from postulated accident The U.S. Nuclear Regulatory March 1973 relating to operation of conditions. Commission (NRC) is considering SONGS Units 2 and 3. Evaluations for issuance of an amendment to Facility the FES considered a 40-year operating Radiological Impacts of Annual Operating Licenses Nos. NPF–10 and life. The considerations involved in the Releases NPF–15, issued to Southern California NRC staff’s determination are discussed Onsite Doses Edison Company (the licensee), for below. operation of the San Onofre Nuclear In accordance with the plant Generating Station (SONGS), Units Nos. Radiological Impacts of the Technical Specifications (TSs), the 2 and 3, located in San Diego County, Hypothetical Design-Basis Accidents licensee has established several California. The offsite exposure from releases radiation monitoring programs during postulated accidents were including a program to maintain Environmental Assessment evaluated and found acceptable during radiation doses ‘‘As Low As Reasonably Identification of the Proposed Action the operating license stage and Achievable (ALARA)’’ guidelines (10 subsequent license amendments. This CFR Part 50, Appendix I guidelines). On SONGS Units 2 and 3 are currently an annual basis, the licensee submits an licensed to operate 40 years type of evaluation involves four issues: (1) Type and probability of postulated Occupational Radiation Exposure commencing with the issuance of their Report to the NRC. The SONGS Units 2 construction permits on October 18, accidents, (2) the radioactivity releases calculated for each accident, (3) the and 3 occupational radiation exposure 1973. At present, the operating licenses per unit for the last 4 years has been: (OLs) for both units expire on October assumed meteorological conditions, and 1995 227 person-rem 18, 2013. The licensee seeks an (4) population size and distribution in 1996 64 person-rem extension of the license term for SONGS the vicinity of the facility. The staff has concluded that neither the type and 1997 170 person-rem Units 2 and 3 to allow them to operate 1998 98 person-rem until 40 years from the issuance of their probability of postulated accidents nor The data indicate declining trend in the respective OLs. SONGS Units 2 and 3 the radioactivity releases calculated for collective occupational exposure at OLs were issued on February 16, 1982, each accident would change through the SONGS. The 5-year annual average and November 15, 1982, respectively. proposed extended operation. Also, the collective occupational exposure per The proposed change would extend the meteorological conditions are not reactor has dropped from about 250 license terms for SONGS Unit 2, to expected to change during the proposed person-rem/year in 1990 to about 125 February 16, 2022, and for SONGS Unit extended operation and, therefore, any person-rem/year in 1998. Through 3, to November 15, 2022. This action further consideration is not warranted. would extend the period of operation to Thus the population size and continued implementation of ALARA the full 40 years provided by the Atomic distribution in the vicinity of the facility and other programs, the licensee expects Energy Act and the Code of Federal are the only time-dependent parameters to maintain its collective occupational Regulations. that require consideration. The exposure per units for SONGS Units 2 The proposed action is in accordance consequences of design-basis accidents and 3 for the period of 2013 to 2022 to with the licensee’s application for are determined in terms of the resulting an average of 125 person-rem per year. license amendments dated December exposure to the general public. The Based on its review of historical 13, 1999. population data listed in the SONGS radiation exposure data at SONGS and Updated Final Safety Analysis Report the licensee’s continued The Need for the Proposed Action (UFSAR) were taken from the 1980 U. implementation of ALARA, the staff The proposed action would allow the S. Census. The licensee compared the concludes that the projected licensee to operate SONGS Units 2 and projected population data in the UFSAR occupational exposures through the 3 for 40 years from the date of issuance within a 10-mile radius with the 1990 proposed extended period will continue of their operating licenses. This Federal census data and concluded that to remain significantly below the extension would permit the units to the census data is bounded by the UFSAR estimate (411 person-rem per operate for the full 40-year design-basis UFSAR projection data for that same unit). lifetime, consistent with the year. Based on this comparison, the Offsite Doses Commission policy stated in licensee expects this trend to continue Memorandum dated August 16, 1982, and concludes that the population for Appendix I guidelines on ALARA from William Dircks, Executive Director the period of 2013 through 2022 should discussed above as they relate to onsite for Operations, to the Commissioners, be lower than originally projected. doses also apply to releases that could and as evidenced by the issuance of Therefore, cumulative exposure to the cause offsite doses. The Appendix I over 50 such extensions to other general public due to a design-basis guidelines establish radioactive design/ licensees. accident would not be adversely dose objectives for liquid and gaseous affected. Further, there are no changes offsite releases including iodine Environmental Impacts of the Proposed to the current exclusion area, low particulate radionuclides. In addition, Action population zone, and nearest population routine releases to the environment are The NRC has completed its evaluation center distance, and the licensee will governed by 10 CFR Part 20, which of the proposed action and concludes continue to meet the requirements of 10 states that such releases should be

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9302 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

ALARA. Each year, the licensee submits uranium (MWD/MTU) and increased Accordingly, the NRC concludes that an ‘‘Annual Radioactive Effluent enrichment up to 5 weight percent are there are no significant environmental Release Report’’ that provides an annual bounded by the impacts reported in impacts associated with the proposed assessment of the radiation dose as a Table S–4 of 10 CFR 51.52. action. result of effluents released from the The total projected number of fuel Alternatives to the Proposed Action facility. These reports show that release cycles before the current OL expiration of radioactive liquids and gases have date (October 18, 2013) is 17 for Units As an alternative to the proposed historically been lower than those 2 and 3. Based on current cycle lengths, action, the staff considered denial of the estimated in the FES. As a result of the the proposed extended operating license proposed action (i.e., the ‘‘no action’’ continued implementation of the term will increase the number of alternative). Denial of the application ALARA program, occupational complete fuel cycles by approximately 4 would result in no change in current exposures can be expected to remain in each unit to a total of 21. At present, environmental impacts. Continued lower than the FES estimates. the licensed capacity of the spent fuel operation of SONGS Units 2 and 3 In accordance with plant TSs, the pool (SFP) for each unit is 1542 fuel would avert potential nonradiological licensee has an established Radiological assemblies. The licensee-projected total environmental effects of greenhouse Environmental Monitoring Program by number of spent fuel assemblies gases and other airborne effluents from which the licensee monitors the effect of including a full core discharge for Units non-nuclear plants that would be operation of its facilities on the 2 and 3 for a 40-year operating life will required to operate in order to replace environment. This is accomplished by be between 2217 and 2317 which is the power supplied by the SONGS continuously measuring radiation levels higher than the licensed SFP capacity. units. and airborne radioactivity levels and To store the additional fuel assemblies, Alternative Use of Resources periodically measuring amounts of the licensee is evaluating the use of dry This action does not involve the use radioactivity in samples at various storage and fuel rod consolidation as of any resources not previously locations surrounding the plants. alternative storage methods for SONGS considered in the FES for the SONGS Continued environmental monitoring Units 2 and 3 spent fuel and will seek Units 2 and 3. and surveillance under the program necessary regulatory approval. ensures early detection of any increase Based on the above, the staff Agencies and Persons Consulted in exposures over the proposed license concludes that there are no significant term extension. In accordance with its stated policy, Accordingly, the staff concludes that changes in the environmental impact on February 8, 2000, the staff consulted the radiological impact on the public related to the uranium fuel cycle due to with the California State official, Mr. due to the proposed license term the proposed extended operation of Steven Hsu, regarding the extension would not increase over that SONGS Units 2 and 3. environmental impact of the proposed previously evaluated in the FES and the Nonradiological Impacts action. The State official had no occupational exposures will be comments. The major nonradiological impact of consistent with the industry average and Finding of No Significant Impact in accordance with 10 CFR Part 20. the plant on the environment is the The curie content of radioactive solid operation of the plant’s cooling water The NRC stated in its proposed no waste shipped from SONGS has system and discharge to the Pacific significant hazards consideration historically been less than the FES Ocean. The California Regional Water determination dated December 29, 1999 estimates and is expected to remain so. Quality Control Board (the Board) has (64 FR 73098), that the licensee’s Based on the conservative population reviewed and considered the proposed extension to the operating estimate in the FES and low radiological environmental impacts of the SONGS license term is consistent with the exposure from plant releases during units’ water discharge into the Pacific current NRC policy and the originally normal operation and postulated Ocean in its issuance of the National engineered design life of the plant, i.e., accidents, and the environmental Pollution Discharge Elimination System 40 years of operation. Due to design monitoring program, the staff concludes (NPDES) permit and renewals. The conservatism, maintenance, and that the radiological impact on the NPDES permit is conditional upon the surveillance programs and the plant public due to the proposed action discharges complying with provisions of TSs, the proposed additional years of would be insignificant and the the Board and of the Clean Water Act (as operation would have no significant conclusions of the FES remain valid. amended or as supplemented by impact on safety. That is, regardless of implementing guidelines and the age of the facility, the above- Environmental Impact of the Uranium regulations). On April 11, 1999, the mentioned programs and TSs would Fuel Cycle Board adopted and renewed NPDES ensure that systems, structures, and At present, SONGS Units 2 and 3 are permits to SONGS Units 2 and 3 until components will be refurbished or licensed to store fuel with enrichments August 11, 2004. The Board found that replaced to maintain their required up to 4.8 weight percent uranium-235 discharges from SONGS Units 2 and 3 safety function over the 40 years of (U–235). As part of its safety evaluation are consistent with its policy with operation. On the basis of the associated with this 4.8 weight percent respect to maintaining high quality environmental assessment, the NRC U–235 fuel enrichment, the staff waters in California. The licensee will concludes that the proposed action will previously evaluated the environmental continue to abide by the NPDES permits not have a significant effect on the impacts of transportation of effects and, accordingly, expects the Board to quality of the human environment. resulting from the use of higher renew and issue NPDES permits every Accordingly, the NRC has determined enrichment and extended radiation. In 5 years. Also, the proposed action does not to prepare an environmental impact its Environmental Assessment dated not involve any historic sites. Therefore, statement for the proposed action. September 26, 1996 (61 FR 50513), the the NRC concludes that there are no For further details with respect to the staff concluded that the environmental significant nonradiological proposed action, see the licensee’s letter impact of extended fuel irradiation up environmental impacts associated with dated December 13, 1999, which is to 60,000 megawatt-days per metric ton the proposed action. available for public inspection at the

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9303

Commission’s Public Document Room, remedial actions; (6) prohibition of any accessible from the Agencywide The Gelman Building, 2120 L Street, predecommissioning or Documents Access and Management NW., Washington, DC. Publically decommissioning activities at any NU System (ADAMS) Public Library available records will be accessible nuclear facility in Connecticut until NU component on the NRC Web site, (the electronic reading Library Component on the NRC Web steps to assure that such activities can room). site, http://www.nrc.gov (the Electronic be safely conducted; (7) initiation of an As provided in 10 CFR 2.206(c), a Reading Room). investigation into how the NRC allowed copy of this Final Director’s Decision Dated at Rockville, Maryland, this 17th day the asserted illegal situation at NU’s will be filed with the Secretary of the of February 2000. nuclear facilities in Connecticut to exist Commission for the Commission’s For The Nuclear Regulatory Commission. and continue for more than a decade; review. This Final Director’s Decision and (8) an immediate investigation of L. Raghavan, will constitute the final action of the the need for enforcement action for Commission (for Petitioners’ Request 3a) Senior Project Manager, Section 2, Project alleged violation of 10 CFR Part 50, 25 days after its issuance, unless the Directorate IV & Decommissioning Division Appendix B. of Licensing Project Management, Office of Commission, on its own motion, Nuclear Reactor Regulation. The bases for the Petitioners’ institutes review of the Decision within assertions were NU and NRC inspection that time. [FR Doc. 00–4356 Filed 2–23–00; 8:45 am] findings and NU documents referred to BILLING CODE 7590±01±P in the Petition and a VHS videotape, Dated at Rockville, Maryland, this 15th day of February 2000. Exhibit A, which accompanied the Petition. Specifically, the Petitioners For the Nuclear Regulatory Commission. NUCLEAR REGULATORY identified areas that included Samuel J. Collins, COMMISSION inadequate surveillance testing, Director, Office of Nuclear Reactor [Docket Nos. 50±245, 50±336, and 50±423] operation outside the design basis, Regulation. inadequate radiological controls, failed [FR Doc. 00–4355 Filed 2–23–00; 8:45 am] Northeast Nuclear Energy Company, et corrective action processes, and BILLING CODE 7590±01±P al., Millstone Nuclear Power Station, degraded material conditions. Units 1, 2, and 3; Issuance of Final The NRC issued a Partial Director’s Director's Decision Under 10 CFR Decision (DD–97–21) dated September DEPARTMENT OF STATE 2.206 12, 1997, which addressed all of the Petitioners’ requests, with one [Public Notice No. 3222] Notice is hereby given that the exception. Specifically, with respect to Director of the Office of Nuclear Reactor Request 3a of the petitioners’ request, Advisory Committee on International Regulation, U.S. Nuclear Regulatory the NRC deferred a decision on the Economic Policy Open Meeting Notice Commission (NRC), has issued a Final request that the NU operating licenses Director’s Decision with regard to a for the Millstone units be revoked if an The Advisory Committee on Petition, dated November 25, 1996, as investigation determined that NU International Economic Policy (ACIEP) amended on December 23, 1996, filed deliberately provided insufficient and/ will meet from 9:00 a.m. to 1:00 p.m. on by Ms. Deborah Katz and Mr. Paul or false or misleading information to the Thursday, March 16, 2000, in Room Gunter on behalf of the Citizens NRC. The decision on that request was 1107, U.S. Department of State, 2201 C Awareness Network and the Nuclear deferred at the time the Partial Street, NW, Washington, DC 20520. The Information and Resource Service, Director’s Decision was issued because meeting will be hosted by Committee respectively, hereafter referred to as several NRC investigations were Chairman R. Michael Gadbaw and by ‘‘Petitioners.’’ The Petition pertains to underway. The investigations of NU Under Secretary of State for Economic, the Millstone Nuclear Power Station, have been completed and for the Business, and Agricultural Affairs Alan Units 1, 2, and 3. reasons given in the Final Director’s P. Larson. The Petitioners requested that the Decision, DD–00–01, dated February 15, The ACIEP serves the U.S. NRC take the following actions: (1) 2000, the NRC was not able to grant Government in a solely advisory Immediate suspension or revocation of Request 3a of the Petition. Request 3b of capacity concerning issues and Northeast Utilities’ (NU’s or the the Petition, regarding the continued problems in international economic licensee’s) licenses to operate its nuclear shutdown of NU facilities until the policy. The objective of the ACIEP is to facilities in Connecticut; (2) Department of Justice completed its provide expertise and insight on these investigation of possible NU material investigation and the results are issues that are not available within the misrepresentations to the NRC; (3) [a] reviewed by the NRC, was denied in the U.S. Government. revoke the operating licenses for NU’s Partial Director’s Decision. Topics for the March 16 meeting will nuclear facilities if an investigation Notwithstanding the NRC’s 1997 denial be: • determines that NU deliberately of Request 3b, the NRC concludes that, Initiatives for the Global provided insufficient and/or misleading through the actions the NRC required Information Economy • information to the NRC and, [b] if NRC the Millstone facilities to complete prior US-Indian Economic Relations • chose not to revoke NU’s licenses, to restart, the intent of request 3b was Biotechnology/Precautionary continued shutdown of NU facilities met. Principle until the Department of Justice Additional information is contained • Short Topics completes its investigation and the in the ‘‘Final Director’s Decision —China—Prospects for WTO Accession results are reviewed by the NRC; (4) Pursuant to 10 CFR 2.206’’ (DD–00–01), —OECD Anti-Bribery Convention and continued listing of the NU facilities on the complete text of which is available Anti-Corruption the NRC’s Watch List should any facility for public inspection at the —OECD Guidelines resume operation; (5) continued Commission’s Public Document Room, —G–8 Summit—Issues and Impact shutdown of the NU facilities until the the Gelman Building, 2120 L Street, —Sanctions NRC evaluates and approves NU’s NW., Washington, D.C., and will be —Foreign Affairs Resources

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9304 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

The public may attend these meetings Docket Number: OST–2000–6891. Transportation, Nassif Building, 400 as seating capacity allows. The media is Date Filed: February 9, 2000. Seventh Street, SW., room 7411, welcome but discussions are off the Parties: Members of the International Washington, DC 20590, (202) 366–8085. record. Admittance to the Department of Air Transport Association. SUPPLEMENTARY INFORMATION: The State building is by means of a pre- Subject: PTC12 MEX–EUR 0029 dated purpose of this meeting is to present an arranged clearance list. In order to be 8 February 2000; TC12 Mexico-Europe approach for DOT labor-management placed on this list, please provide your Expedited Resolutions r1–r3; Intended strategic plan; provide an update on name, title, company or other affiliation effective date: 15 March 2000. Phase II of the DOT labor-management if appropriate, social security number, Docket Number: OST–2000–6893. climate study; brief on the FY 2001 date of birth, and citizenship to the Date Filed: February 9, 2000. budget; and report on initiatives/options ACIEP Executive Secretariat by phone at Parties: Members of the International for enhancing partnership efforts (202) 647–5968 or fax (202) 647–5713 Air Transport Association. throughout DOT. (Attention: Arlene Nelson) by Tuesday, Subject: PTC COMP 0578 dated 11 PUBLIC PARTICIPATION: We invite March 14, 2000. On the date of the February 2000; Mail Vote 062— interested persons and organizations to meeting, persons who have registered Resolution 005aa (New); Special submit comments. Mail or deliver your should come to the 23rd Street entrance. Implementation Provisions; Standard comments or recommendations to Ms. One of the following valid means of Foreign Fare Level (SFFL); USA/US Jean Lenderking at the address shown identification will be required for Territories; Intended effective date: 1 above. Comments should be received by admittance: a U.S. driver’s license with March 2000. March 1, 2000 in order to be considered photo, a passport, or a U.S. Government Docket Number: OST–2000–6929. at the March 9th meeting. ID. Date Filed: February 11, 2000. Issued in Washington, DC, on February 16, For further information, contact Parties: Members of the International 2000. Arlene Nelson, ACIEP Secretariat, U.S. Air Transport Association. For the Department of Transportation. Department of State, Bureau of Subject: PTC23 EUR-SASC 0061 dated John E. Budnik, Economic and Business Affairs, Room 4 February 2000; Europe-South Asian Acting Director, Departmental Office of 6828, Main State, Washington, DC Subcontinent Resolutions r1–r18; Human Resource Management. 20520. Minutes—PTC23 EUR-SASC 0060 dated [FR Doc. 00–4342 Filed 2–23–00; 8:45 am] 4 February 2000; Tables—PTC23 EUR- Dated: February 17, 2000. BILLING CODE 4910±62±P William J. McGlynn, SASC FARES 0018 dated 8 February 2000; Intended effective date 1 April Executive Secretary, Advisory Committee on International Economic Policy, U.S. 2000. DEPARTMENT OF TRANSPORTATION Department of State. Dorothy W. Walker, Federal Aviation Administration [FR Doc. 00–4368 Filed 2–23–00; 8:45 am] Federal Register Liaison. BILLING CODE 4710±07±P [FR Doc. 00–4343 Filed 2–23–00; 8:45 am] Airport Privatization Pilot Program BILLING CODE 4910±62±P AGENCY: Federal Aviation DEPARTMENT OF TRANSPORTATION Administration (FAA), DOT. DEPARTMENT OF TRANSPORTATION ACTION: Notice of Acceptance for Office of the Secretary Review: Preliminary Application for Office of the Secretary Rafael Hernandez Airport, Aguadilla, Aviation Proceedings, Agreements Puerto Rico. Filed During the Week Ending DOT Partnership Council Meeting February 11, 2000 SUMMARY: The Federal Aviation AGENCY: Office of the Secretary, DOT Administration (FAA) has completed its The following Agreements were filed ACTION: Notice of meeting. review of the Rafael Hernandez Airport with the Department of Transportation (BQN) preliminary application for under the provisions of 49 U.S.C. SUMMARY: The Department of participation in the airport privatization Sections 412 and 414. Answers may be Transportation announces a meeting of pilot program. The preliminary filed within 21 days after the filing of the DOT Partnership Council (the application is accepted for review, with the application. Council). Notice of this meeting is a filing date of December 20, 1999. The Docket Number: OST–2000–6872. required under the Federal Advisory Committee Act. Puerto Rico Ports Authority, the airport Date Filed: February 7, 2000. sponsor, may select a private operator, TIME AND PLACE: Parties: Members of the International The Council will meet negotiate an agreement and submit a Air Transport Association. on Wednesday, March 9, 2000, at 1:00 final application to the FAA for Subject: PTC COMP 0571 dated 4 pm., at the Department of exemption under the pilot program. February 2000; Mail Vote 061— Transportation, Nassif Building, room 49 U.S.C. Section 47134 establishes Resolution 010u; Special Passenger 10214, 400 Seventh Street, SW., an airport privatization pilot program Amending Resolution from Viet Nam; Washington, DC 20590. The room is and authorizes the Department of Intended effective date 1 April 2000. located on the 10th floor. Transportation to grant exemptions from Docket Number: OST–2000–6879. TYPE OF MEETING: These meetings will be certain Federal statutory and regulatory Date Filed: February 8, 2000. open to the public. Seating will be requirements for up to five airport Parties: Members of the International available on a first-come, first-served privatization projects. The application Air Transport Association. basis. Handicapped individuals wishing procedures require the FAA to publish Subject: PTC23 EUR-SASC 0059 dated to attend should contact DOT to obtain a notice in the Federal Register after 28 January 2000; TC23 Europe-South appropriate accommodations. review of the preliminary application in Asian Subcontinent Expedited POINT OF CONTACT: Jean B. Lenderking, the Federal Register for public review Resolution 002jj; Intended effective Corporate Human Resource Leadership and comment for a sixty-day period. date: 15 March 2000. Division, M–13, Department of The BQN preliminary application is

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9305 available for public review in the published in the Federal Register for project is to improve the safety and Federal Aviation Administration, Office public review and comment for a sixty- traffic carrying capacity of the highway of Chief Counsel, Attention: Rules day period. by correcting substandard geometrics Docket (AGC–200), 800 Independence Issued in Washington, DC on February 1, and other unsafe conditions. The Avenue, SW., Washington, DC 20591. 2000. proposed improvements will provide FOR FURTHER INFORMATION CONTACT: Paul L. Galis, four lanes divided by a median with Kevin C. Willis (202–267–8741) Airport Deputy Associate Administrator for Airports. minimum pavement and clear zone Compliance Division, AAS–400, Federal [FR Doc. 00–3823 Filed 2–23–00; 8:45 am] widths. Aviation Administration, 800 BILLING CODE 4910±13±M Under the first SEIS, four project Independence Ave. SW., Washington, segments were defined. The lower DC 20591. segment of the project from Murdock SUPPLEMENTARY INFORMATION: DEPARTMENT OF TRANSPORTATION Diversion to Vivian Park (9.3 km [5.8] miles]) has been completed, and the Introduction and Background Federal Highway Administration second segment from Vivian Park to Section 149 of the Federal Aviation Wildwood (1.9 km [1.2 miles]) is under Environmental Impact Statement: Utah Administration Authorization Act of construction and nearly complete. and Wasatch Counties, Utah 1996, Pub. L. 104–264 (October 9, 1996) Preliminary design for the third segment (1996 Reauthorization Act), adds a new AGENCY: Federal Highway from Wildwood to Deer Creek State Park Section 47134 to Title 49 of the U.S. Administration (FHWA) DOT. (5.3 miles) has been completed and an Code Section 47134 authorizes the ACTION: Notice of intent. environmental re-evaluation was Secretary of Transportation, and completed and approved July 15, 1995. through delegation, the FAA SUMMARY: The FHWA is issuing this The fourth segment from Deer Creek Administrator, to exempt a sponsor of a notice to advise the public that a second State Park to Herber City (16.4 km [10.2 public use airport that has received supplement to a final environmental miles]) remains at the conceptual design Federal assistance, from certain Federal impact statement will be prepared for a level provided in the 1989 SEIS. Since requirements in connection with the proposed highway project in Utah and some changes in design and privatization of the airport by sale or Wasatch Counties, Utah. construction, as well as traffic use, may lease to a private party. Specifically, the FOR FURTHER INFORMATION CONTACT: have occurred since the 1989 SEIS, the Administrator may exempt the sponsor William Gedris, Environmental project will be restudied to insure that from all or part of the requirements to Coordinator, Federal Highway the design parameters and use airport revenues to airport-related Administration, 2520 West 4700 South, environmental considerations are purposes, to pay back a portion of Suite 9A, Salt Lake City, Utah 84118, appropriate. The Preferred Alternative Federal grants upon the sale of an Telephone: (801) 963–0078 ext, 243; or developed as a part of the first SEIS and airport, and to return airport property Dan Nelson, Utah Department of partially modified in the 1995 deeded by the Federal Government Transportation, Region 3, 825 North 900 Wildwood to Deer Creek State Park Re- upon transfer of the airport. The West, Orem, Utah 84057, Telephone: evaluation will be the focus for this Administrator is also authorized to (801) 222–3406. study. exempt the private purchaser or lessee SUPPLEMENTARY INFORMATION: The Comments are being solicited from from the requirement to use all airport FHWA, in cooperation with the Utah appropriate Federal, State, and local revenues for airport-related purposes, to Department of Transportation (UDOT), agencies and from private organizations the extent necessary to permit the will prepare a second supplement to the and citizens who have previously purchaser or lessee to earn final environmental impact statement expressed or are known to have interest compensation from the operations of the (EIS) with route termini at the existing in this proposal. Several public scoping airport. interchange of Interstate 15 with Utah and information meetings and a public On September 16, 19997, the Federal Route 52 (800 North) in Orem on the hearing will be held during the course Aviation Administration issued a notice west and the intersection of U.S. of the analysis. Public notice will be of procedures to be use din applications Highway 189 with U.S. Highway 40 1 given of the time and place of the for exemption under Airport approximately 0.8 km ( ⁄2 mile) south of meetings and hearing. The draft SEIS Privatization Pilot Program (62 FR Heber City on the east. An 8 km (5 mile) will be available for public and agency 48693). A request for participation in section of the 5/40.2 km (25 mile) route, review prior to the public hearing. the Pilot Program must be initiated by from the western terminus to Murdock the filing of either a preliminary or final Diversion in Provo Canyon, has been To ensure that the full range of issues application for exemption with the improved to a four-land facility. This related to this proposed action are FAA. original project proposed to widen and addressed and all significant issues The Puerto Rico Ports Authority realign approximately 35.4 km (22 identified, comments and suggestions issued its RFP on November 22, 1999, miles) of U.S. Highway 189 between its are invited from all interested parties. for Rafael Hernandez Airport, Aguadilla, junctions with Utah Route 52 at Comments and/or questions concerning Puerto Rico and has not selected a Olmstead and U.S. Highway 40 near this proposed action and the EIS should private operator. The filing date of this Heber City in Utah and Wasatch be directed to the FHWA or UDOT at preliminary application is December 20, Counties, Utah, including 3.2 km (2 the addresses provided above. 1999. This is the fourth preliminary miles) of improved roadway between (Catalog of Federal Domestic Assistance application accepted under the pilot Olmstead and Murdock Diversion. The Program Number 20.205, Highway program. The Authority may select a original EIS for the improvements Planning and Construction. The private operator, negotiate an agreement (FHWA–UT–EIS–76–02–F) was regulations implementing Executive and submit a final application to the approved in 1978, and a Supplemental Order 12372 regarding FAA for exemption. EIS (SEIS) (FHAW–UT–EIS– 76–02–FS) intergovernmental consultation on If FAA accepts the final application was prepared and approved on Federal programs and activities apply to for review, the application will be November 9, 1989. The purpose of the this program.)

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9306 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Dated: Issued on: February 17, 2000. TWENTY-FIRST CENTURY the Twenty-First Century Workforce Michael G. Ritchie, WORKFORCE COMMISSION Commission. Division Administrator, Salt Lake City, Utah. The Workforce Investment Act (Pub. Notice of public information hearing [FR Doc. 00–4372 Filed 2–23–00; 8:45 am] L. No. 105–220), signed into law on August 7, 1998, established the Twenty- BILLING CODE 4910±22±M AGENCY: Twenty-first Century First Century Workforce Commission. Workforce Commission. The Commission is charged with ACTION: Notice of public information DEPARTMENT OF TRANSPORTATION carrying out a study of the information hearing. technology workforce in the U.S., Surface Transportation Board including the examination of the SUMMARY: This notice is to announce a following issues: public information hearing on [STB Finance Docket No. 33772] 1. What skills are currently required Thursday, February 24, 2000. Members to enter the information technology of the public are invited to attend the Maryland and Delaware Railroad workforce? What technical skills will be hearing. Several witnesses have been demanded in the near future? CompanyÐAcquisition ExemptionÐ invited by the Commissioners to testify Snow Hill Shippers Association, Inc. 2. How can the United States expand and to address the questions identified its number of skilled information by the agenda set forth below. Maryland and Delaware Railroad technology workers? The purpose of the hearing is for 3. How do information technology Company, a Class III rail carrier, has Commissioners to learn how Texas filed a verified notice of exemption education programs in the United States companies, educational institutions, compare with other countries in under 49 CFR 1150.41 to acquire community organizations, and ownership rights in approximately 26.7 effectively training information governments are working together so technology workers? [The Commission miles of rail line from the Snow Hill more Texans gain the skills and Shippers Association, Inc. (SHSA) study should place particular emphasis knowledge necessary to be part of the upon contrasting secondary, non- and- between approximately milepost 39, in Information Technology (IT) workforce. Frankford, Sussex County, DE, and post-baccalaureate degree education approximately milepost 65.7, in Snow DATES: The Public Information Hearing programs available within the U.S. and Hill, Worcester County, MD (Frankford- will be held on Thursday, February 24, foreign countries.] Snow Hill Branch).1 2000, from 9:00 am to approximately The Workforce Investment Act directs 3:00 p.m. Registration is from 9:00 am the Commission to issue The transaction is expected to be to 10:00 am. The dates, locations and recommendations to the President and consummated on or soon after February times for subsequent meetings will be Congress within six months. The 21, 2000, the effective date of the announced in advance in the Federal Commission first met on November 16, exemption. Register. 1999, and will issue its If the notice contains false or ADDRESSES: The InfoMart Technology recommendations by May 16, 2000. misleading information, the exemption Center in Dallas, Texas is located at Agenda: At the Dallas, Texas hearing, is void ab initio. Petitions to revoke the Infomart, 1950 Stemmons Freeway. For the Commission working group exemption under 49 U.S.C. 10502(d) more information, please visit the conducting the hearing will emphasize may be filed at any time. The filing of Center’s website at the following issues: (1) How will a petition to revoke does not www.infomartusa.com or call 214–800– information technology advances automatically stay the transaction. 8200. All interested parties are invited continue to change Texas’ economy in An original and 10 copies of all to attend this Information Hearing. coming years, and what skills will pleadings, referring to STB Finance Seating may be limited and will be individuals need to participate in the IT Docket No. 33772, must be filed with available on a first-come, first-serve workforce? (2) How are Texas the Surface Transportation Board, Office basis. companies, educational institutions, of the Secretary, Case Control Unit, 1925 community organizations, state and K Street, N.W., Washington, DC 20423– FOR FURTHER INFORMATION CONTACT: Mr. local governments partnering to provide 0001. In addition, a copy of each Hans Meeder, Executive Director, educational and training opportunities pleading must be served on Kevin M. Twenty-First Century Workforce for individuals who want to enter the IT Sheys, Esq., Oppenheimer Wolff Commission, 1201 New York Avenue, workforce? (3) What particular barriers Donnelly & Bayh LLP, 1350 Eye Street, NW, Suite 700, Washington, DC 20005. face Texas in building and N.W., Suite 200, Washington, DC (Telephone (202) 289–2939. TTY (202) strengthening the IT workforce, and 20005–3324. 289–2977) These are not toll-free how are under-represented populations numbers. Email: [email protected]. Board decisions and notices are being reached for participation in the IT available on our website at SUPPLEMENTARY INFORMATION: workforce? ‘‘WWW.STB.DOT.GOV.’’ Establishment of the Twenty-First Commission Membership: The Century Workforce Commission was Workforce Investment Act mandates Dated: Decided: February 16, 2000. mandated by Subtitle C of Title III of the that 15 voting members be appointed by By the Board, David M. Konschnik, Workforce Investment Act, Sec. 331 of the President, Majority Leader of the Director, Office of Proceedings. Pub. L. 105–220, 112 Stat. 1087–109, (29 Senate, and Speaker of the House (5 Vernon A. Williams, U.S.C. 2701 note), signed into law on members each), including 3 educators, 3 Secretary. August 7, 1998. The 15 voting member state and local government [FR Doc. 00–4365 Filed 2–23–00; 8:45 am] Twenty-First Century Workforce representatives, 8 business BILLING CODE 4915±00±P Commission is charged with studying representatives and 1 labor all aspects of the information representative. The Act also mandates 1 SHSA is a non-profit, non-stock Maryland technology workforce in the United that the President appoint 2 ex-officio membership corporation comprised of on-line States. Notice is hereby given of the members, one each from the shippers who own the Frankford-Snow Hill Branch. second Public Information Hearing of Departments of Labor and Education.

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9307

The Commissioners are: Chairman Steward, World Wide Technology, Inc., presenting oral statements. Such written Lawrence Perlman, Ceridian St. Louis, MO; Hans K. Meeder, statements should be sent to Mr. Hans Corporation, Minneapolis, MN; Vice Executive Director, Washington, DC. Meeder, as shown above, or may be Chair, Katherine K. Clark, Landmark Public Participation: Members of the submitted at the hearing site. Systems Corporation, Reston, VA; Susan public are invited to attend this hearing. The Commission has established a Auld, Capitol Strategies, Ltd., Several witnesses have been invited to web site, www.workforce21.org. Any Montpelier, VT; Morton Bahr, testify by the Commissioners to address written comments regarding documents Communication Workers of America, the questions identified on the Agenda. published on this web site should be Washington, DC; Patricia Gallup, PC In addition, members of the public directed to Mr. Hans Meeder, as shown Communications, Inc., Merrimack, NH; wishing to present oral statements to the above. Dr. Bobby Garvin, Mississippi Delta Twenty-First Century Workforce Special Accommodations: Reasonable Community College, Moorhead, MS; Commission should forward their accommodations will be available. Susan M. Green (ex officio), U.S. requests to Mr. Hans Meeder, Executive Persons needing any special assistance Department of Labor, Washington, DC; Director, as soon as possible and at least such as sign language interpretation, or Randel Johnson, U.S. Chamber of four days before the meeting. Requests other special accommodation, are Commerce, Washington, DC; Roger should be made by e-mail, fax machine, invited to contact Mr. Hans Meeder, as Knutsen, National Council for Higher or telephone, as shown above. shown above. Requests for Education, Auburn, WA; Patricia Time permitting, the Commissioners accommodations must be made four McNeil (ex officio), U.S. Department of will attempt to accommodate requests days in advance of the hearing. Education, Washington, DC; The for oral presentations. Each member of Due to difficulties of scheduling the Honorable Mark Morial, Mayor, City of the public who is selected to testify will members we are unable to provide a full New Orleans, LA; Thomas Murrin, be allotted a three minute period to 15-day advance notice of this meeting. Ph.D., Duquesne University, Pittsburgh, present their oral remarks. Members of PA; Leo Reynolds, Electronic Systems, the public must limit oral statements to Signed at Washington, DC this 17th day of Inc., Sioux Falls, SD; The Honorable three minutes, but extended written February, 2000. Frank Riggs, National Homebuilders statements may be submitted for the Hans K. Meeder, Institute, Washington, DC; The record. Members of the public may also Executive Director, Twenty-First Century Honorable Frank Roberts, Mayor, City of submit written statements for Workforce Commission. Lancaster, California; Kenneth Saxe, distribution to the Commissioners and [FR Doc. 00–4341 Filed 2–23–00; 8:45 am] Stambaugh-Ness, York, PA; David L. inclusion in the public record without BILLING CODE 4510±23±P

VerDate 162000 17:09 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 E:\FR\FM\24FEN1.SGM pfrm01 PsN: 24FEN1 9308

Corrections Federal Register Vol. 65, No. 37

Thursday, February 24, 2000

This section of the FEDERAL REGISTER DEPARTMENT OF ENERGY DEPARTMENT OF TRANSPORTATION contains editorial corrections of previously published Presidential, Rule, Proposed Rule, Federal Energy Regulatory Federal Aviation Administration and Notice documents. These corrections are Commission prepared by the Office of the Federal Proposed Advisory Circulars (AC) Register. Agency prepared corrections are 25.981-1X, Fuel Tank Ignition Source [Docket Nos. OR98-1-000, OR96-2-000, and issued as signed documents and appear in Prevention Guidelines; and AC 25.981- OR96-10-000] the appropriate document categories 2X, Fuel Tank Flammability elsewhere in the issue. ARCO Products Company, a Division Minimization of Atlantic Richfield Company, Equilon Correction Enterprises L.L.C., Mobil Oil Corporation, and Texaco Refining and In notice document 00–2262, Marketing, Inc., Complainants v. SFPP, beginning on page 5012, in the issue of L.P., Respondent; Notice of Second Wednesday, February 2, 2000, make the Amended Complaint, and Third following corrections: Original Complaint Against SFPP, L.P. 1. On page 5012, in the second column, under the heading Correction ADDRESSES:, in the 11th line, ‘‘[email protected]’’ should read In notice document 00–2368 ‘‘[email protected]’’. beginning on page 5331 in the issue of 2. On page 5012, in the third column, Thursday, February 3, 2000, the docket under the heading Discussion, in 18th number should read as set forth above. line, ‘‘re’’ should read ‘‘are’’. [FR Doc. C0–2368 Filed 2–23–00; 8:45 am] [FR Doc. C0–2262 Filed 2-23-00; 8:45 am] BILLING CODE 1505±01±D BILLING CODE 1505±01±D

VerDate 16-FEB-2000 21:22 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4734 Sfmt 4734 E:\FR\FM\A24FE3.001 pfrm10 PsN: A24FE3 Thursday, February, 24, 2000

Part II

Federal Communications Commission Auction of Licenses For Fixed Point-to- Point Microwave Services in the 38.6 to 40.0 GHz (39 GHz) Band; Auction Notice and Filing Requirements for 2,450 Licenses in the 39 GHz Band; Auction Scheduled for April 12, 2000; Minimum Opening Bids and Other Procedural Issues; Notice

VerDate 162000 17:11 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\24FEN2.SGM pfrm01 PsN: 24FEN2 9310 Federal Register / Vol. 65, No. 37 / Thursday, February, 24, 2000 / Notices

FEDERAL COMMUNICATIONS 38.6 to 40.0 GHz band (‘‘Auction No. Order, the Commission revisits the 39 COMMISSION 30’’). On November 23, 1999, the GHz band service areas, channelization Wireless Telecommunications Bureau plan, performance requirements, [Report No. AUC±99±30±B (Auction No. 30); DA 00±112] (‘‘Bureau’’) released a Public Notice, licensing rules and disposition of seeking comment on the establishment pending applications, and affirms Auction of Licenses for fixed Point-to- of reserve prices or minimum opening application of the standard method for Point Microwave Services in the 38.6 to bids for Auction No. 30, in accordance calculating unjust enrichment payments 40.0 GHz (39 GHz) Band; Auction with the Balanced Budget Act of 1997. on a pro rata basis. See ‘‘Auction of Licenses for Fixed Notice and Filing Requirements for ii. Scheduling 2,450 Licenses in the 39 GHz Band; Point-to-Point Microwave Services in Auction Scheduled for April 12, 2000; the 38.6 to 40.0 GHz (‘‘39 GHz) Band 3. Parties responding to the 39 GHz Minimum Opening Bids and Other Scheduled for April 11, 2000; Comment Comment Public Notice raise several Procedural Issues Sought on Reserve Prices or Minimum reasons for delaying the auction. Opening Bids and Other Auction Commenters contend that Auction No. AGENCY: Federal Communications Procedures,’’ Public Notice, 64 FR 70708 30 is scheduled to begin too close in Commission. (December 17, 1999) (‘‘39 GHz Comment time to the anticipated start date of the ACTION: Notice. Public Notice’’). See also Section auction in the 746–764 MHz and 776– 3002(a), Balanced Budget Act of 1997, 794 MHz bands (‘‘700 MHz bands’’). SUMMARY: This document announces the Public Law 105–33, 111 Stat. 251 (1997) They argue that companies interested in auction and procedures governing the (‘‘Budget Act’’); 47 U.S.C. 309(j)(4)(F). In acquiring both 39 GHz and 700 MHz auction of licenses for fixed point-to- addition, the Bureau sought comment band spectrum will be forced to prepare point microwave services in the 38.6 to on a number of procedures to be used for two auctions simultaneously, 40.0 GHz band (‘‘Auction No. 30’’), in Auction No. 30. See 39 GHz effectively prohibiting small and rural scheduled to commence on April 12, Comment Public Notice at 2–3. The telecommunications companies from 2000. As discussed in greater detail Bureau received seven comments and participating in one of the auctions. herein, Auction No. 30 will be four reply comments in response to the Commenters therefore contend that composed of 2,450 licenses in the 38.6– 39 GHz Comment Public Notice. Auction No. 30 should be postponed. 40.0 GHz bands (‘‘39 GHz band’’). i. Background of Proceeding We disagree. We believe that the Fourteen 100 megahertz licenses (paired proposed schedule provides sufficient 50 megahertz channel blocks) will be 2. In March 1997, the Federal time for potential bidders interested in offered in each of 172 Economic Areas Communications Commission acquiring both 39 GHz and 700 MHz (EAs) and 3 EA-like areas, covering the (‘‘Commission’’) released a band spectrum to analyze availability United States, the Northern Mariana Memorandum Opinion and Order that and due diligence issues. We therefore Islands, Guam, American Samoa, the modified the interim rules for fixed adopt, with a slight modification, our United States Virgin Islands and Puerto point-to-point microwave services in the proposed auction schedule. Specifically, Rico. 39 GHz band. See Amendment of the we will move the auction start date from DATES: Auction No. 30 is Scheduled for Commission’s Rules Regarding the 37.0– April 11, 2000 to April 12, 2000. April 12, 2000. 38.6 GHz and 38.6–40.0 GHz Bands, ET FOR FURTHER INFORMATION CONTACT: Docket No. 95–183, Memorandum iii. Licenses To Be Auctioned Kenneth Burnley, Auctions and Opinion and Order, 62 FR 14015 (March 4. The licenses available in this Industry Analysis Division, Wireless 25, 1997) (‘‘Memorandum Opinion and auction consist of fourteen 100 Telecommunications Bureau, at (202) Order’’). On November 3, 1997, the megahertz licenses (paired 50 megahertz 418–0660. Commission released a Report and channel blocks) in each of 172 Order and Second Notice of Proposed SUPPLEMENTARY INFORMATION: This is a Economic Areas (EAs) and 3 EA-like Rule Making that revised the licensing summary of a Public Notice released areas, covering the United States, the and technical rules for the fixed point- January 21, 2000 (‘‘Auction Public Northern Mariana Islands, Guam, to-point microwave service in the 39 Notice’’). The complete text, including American Samoa, the United States GHz band, and dismissed certain 39 all attachments, of the Auction Public Virgin Islands and Puerto Rico. GHz applications and amendments Notice is available for inspection and thereto that had been held in abeyance. B. Rules and Disclaimers copying during normal business hours See Amendment of the Commission’s i. Relevant Authority in the FCC Reference Center (Room CY– Rules Regarding the 37.0–38.6 GHz and A257), 445 12th Street, SW, 38.6–40.0 GHz Bands, ET Docket No. 5. Prospective bidders must Washington, DC. It may also be 95–183, Report and Order and Second familiarize themselves thoroughly with purchased from the Commission’s copy Notice of Proposed Rule Making, 63 FR the Commission’s Rules relating to the contractor, International Transcription 6079 (February 6, 1998) (‘‘Report and 39 GHz band, contained in Title 47, part Services, Inc., (ITS, Inc.) 1231 20th Order and Second NPRM’’). On July 29, 101 of the Code of Federal Regulations, Street, NW, Washington, DC 20035, 1999, the Commission released a and those relating to application and (202) 857–3800. It is also available on Second Memorandum Opinion and auction procedures, contained in Title the Commission’s website at http:// Order that addressed pleadings filed 47, part 1 of the Code of Federal www.fcc.gov/wtb/auctions. concerning these two Commission Regulations. I. General Information orders. See Amendment of the 6. Prospective bidders must also be Commission’s Rules Regarding the 37.0– thoroughly familiar with the A. Introduction 38.6 GHz and 38.6–40.0 GHz Bands, ET procedures, terms and conditions 1. The Auction Public Notice Docket No. 95–183, Memorandum (collectively, ‘‘Terms’’) contained in the announces the procedures and Opinion and Order, 64 FR 59663 Memorandum Opinion and Order in ET minimum opening bids for the (November 3, 1999) (‘‘Second Docket No. 95–183, 62 FR 14015 (March upcoming auction of licenses for fixed Memorandum Opinion and Order’’). In 25, 1997); the Report and Order and point-to-point microwave services in the the Second Memorandum Opinion and Second Notice of Proposed Rule Making

VerDate 162000 17:11 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN2.SGM pfrm01 PsN: 24FEN2 Federal Register / Vol. 65, No. 37 / Thursday, February, 24, 2000 / Notices 9311 in ET Docket No. 95–183, 63 FR 6079 investigation when warranted. In 12. Copies of pleadings from pending (February 6, 1998); the Memorandum Auction No. 30, for example, the rule cases relating to the 39 GHz band Opinion and Order in ET Docket No. would apply to any applicants bidding identified in Attachment B to the 95–183, 64 FR 59663 (November 3, for the same EA. Therefore, applicants Auction Public Notice are available for 1999). that apply to bid for ‘‘all markets’’ public inspection and copying during 7. The terms contained in the would be precluded from normal reference room hours at: Office Commission’s Rules, relevant orders communicating with all other of Media Relations (OMR), Reference and public notices are not negotiable. applicants after filing the FCC Form Operations Division, 445 Twelfth Street, The Commission may amend or 175. However, applicants may enter into SW, Room CY–C314, Washington, DC supplement the information contained bidding agreements before filing their 20554. in our public notices at any time, and FCC Form 175 short-form applications, 13. In addition, potential bidders may will issue public notices to convey any as long as they disclose the existence of research the Bureau’s licensing new or supplemental information to the agreement(s) in their Form 175 databases on the World Wide Web in bidders. It is the responsibility of all short-form applications. By signing their order to determine which frequencies prospective bidders to remain current FCC Form 175 short form applications, are already licensed to incumbent with all Commission Rules and with all applicants are certifying their licensees. Licensing records for the 39 public notices pertaining to this auction. compliance with 47 CFR 1.2105(c). In GHz band are contained in the Bureau’s Copies of most Commission documents, addition, 47 CFR 1.65 requires an Universal Licensing System and may be including public notices, can be applicant to maintain the accuracy and researched on the Internet at http:// retrieved from the FCC Internet node via completeness of information furnished www.fcc.gov/wtb/uls by selecting the anonymous ftp @ftp.fcc.gov or the FCC in its pending application and to notify ‘‘License Search’’ button in the left Auctions World Wide Web site at http:/ the Commission within 30 days of any frame. Potential bidders may query the /www.fcc.gov/wtb/auctions. substantial change that may be of database online and download a copy of Additionally, documents may be decisional significance to that their search results if desired. The obtained for a fee by calling the application. See 47 CFR 1.65. Thus, 47 Bureau recommends that potential Commission’s copy contractor, CFR 1.65 requires an auction applicant bidders select the ‘‘Frequency’’ option International Transcription Service, Inc. to notify the Commission of any under License Search, specify the (ITS), at (202) 314–3070. violation of the anti-collusion rules desired frequency, and use the ‘‘GeoSearch’’ button at the bottom of the ii. Prohibition of Collusion upon learning of such violation. Bidders are therefore required to make such screen to limit their searches to a 8. To ensure the competitiveness of notification to the Commission particular geographic area. Detailed the auction process, the Commission’s immediately upon discovery. instructions on using License Search rules prohibit applicants for the same (including frequency searches and the geographic license area from iii. Due Diligence GeoSearch capability) and downloading communicating with each other during 10. Potential bidders should also be query results are available online by the auction about bids, bidding aware that certain applications selecting the ‘‘?’’ button at the bottom strategies, or settlements. This (including those for modification), right-hand corner of the License Search prohibition begins with the filing of waiver requests, petitions to deny, screen. short-form applications, and ends on the petitions for reconsideration, and 14. The Commission makes no down payment due date. Bidders applications for review are pending representations or guarantees regarding competing for the same license(s) are before the Commission that relate to the accuracy or completeness of encouraged not to use the same particular applicants or incumbent information that has been provided by individual as an authorized bidder. A licensees. In addition, certain decisions incumbent licensees and incorporated violation of the anti-collusion rule could reached in this proceeding are subject to into the database. Potential bidders are occur if an individual acts as the judicial appeal and may be the subject strongly encouraged to physically authorized bidder for two or more of additional reconsideration or appeal. inspect any sites located in or near the competing applicants, and conveys We note that resolution of these matters geographic area for which they plan to information concerning the substance of could have an impact on the availability bid. bids or bidding strategies between the of spectrum for EA licensees in the 39 15. We remind potential bidders that bidders he/she is authorized to GHz band. In addition, while the the National Telecommunications and represent in the auction. Also, if the Commission will continue to act on Information Administration (NTIA) has authorized bidders are different pending applications, requests and reviewed the Memorandum Opinion individuals employed by the same petitions, some of these matters may not and Order addressing the 39 GHz band organization (e.g., law firm or consulting be resolved by the time of the auction. and provides related comments. See firm), a violation could similarly occur. 11. Potential bidders are solely GHz Comment Public Notice, At a minimum, in such a case, responsible for investigating and Attachment B. applicants should certify on their evaluating the degree to which such 16. The Federal Communications applications that precautionary steps pending matters may affect spectrum Commission and the Department of have been taken to prevent availability in areas where they seek EA Industry of Canada have signed an communication between authorized licenses. To aid potential bidders, interim arrangement (‘‘Arrangement’’) bidders and that applicants and their Attachment B to the Auction Public regarding sharing between broadband bidding agents will comply with the Notice lists matters pending before the wireless systems in the 39 GHz band anti-collusion rule. Commission that relate to licenses or along the U.S. and Canadian border. 9. The Bureau, however, cautions that applications in the 39 GHz band. The This Arrangement applies to both new merely filing a certifying statement as Commission makes no representations facilities and facilities in existence prior part of an application will not outweigh or guarantees that the listed matters are to the date of the arrangement. The full specific evidence that collusive the only pending matters that could text of the Arrangement has been placed behavior has occurred nor will it affect spectrum availability in the 39 on file at the International Bureau preclude the initiation of an GHz band. Reference Room CY–-A257, located on

VerDate 162000 17:11 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN2.SGM pfrm01 PsN: 24FEN2 9312 Federal Register / Vol. 65, No. 37 / Thursday, February, 24, 2000 / Notices the Court Yard level of 445 12th Street, subject to certain conditions and consult with expert agencies having S.W. Copies are also available from the regulations. An FCC auction does not NEPA responsibilities, including the International Transcription Service at constitute an endorsement by the FCC of U.S. Fish and Wildlife Service, the State (202) 857–3800 and can be downloaded any particular services, technologies or Historic Preservation Office, the Army from the Commission’s International products, nor does an FCC license Corp of Engineers and the Federal Bureau Internet site at http:// constitute a guarantee of business Emergency Management Agency www.fcc.gov/ib/pnd/agree. success. Applicants should perform (through the local authority with 17. Potential bidders should direct their individual due diligence before jurisdiction over floodplains). The questions regarding the search proceeding as they would with any new permittee must prepare environmental capabilities described above to the FCC business venture. assessments for facilities that may have Technical Support Hotline at (202) 414– 21. As is the case with many business a significant impact in or on wilderness 1250 (voice) or (202) 414–1255 (TTY), or investment opportunities, some areas, wildlife preserves, threatened or via email at [email protected]. The unscrupulous entrepreneurs may endangered species or designated hotline is available Monday through attempt to use Auction No. 30 to critical habitats, historical or Friday, from 8:00 AM to 6:00 PM deceive and defraud unsuspecting archaeological sites, Indian religious Eastern Time. In order to provide better investors. Common warning signals of sites, floodplains, and surface features. service to the public, all calls to the fraud include the following: (1) The first The permittee must also prepare hotline are recorded. contact is a ‘‘cold call’’ from a environmental assessments for facilities telemarketer, or is made in response to iv. Incumbent Licensees that include high intensity white lights an inquiry prompted by a radio or in residential neighborhoods or 18. Potential bidders are reminded television infomercial; (2) the offering excessive radio frequency emission. that there are incumbent licensees materials used to invest in the venture operating on frequencies that are subject appear to be targeted at IRA funds, for C. Auction Specifics to the upcoming auction. Incumbent example by including all documents i. Auction Date licensees retain the exclusive right to and papers needed for the transfer of 24. The auction will begin on use those channels within their self- funds maintained in IRA accounts; (3) Wednesday, April 12, 2000. The initial defined rectangular service areas. The the amount of the minimum investment schedule for bidding will be announced holder of an EA authorization thus will is less than $25,000; and (4) the sales by Public Notice at least one week be required to implement its facilities to representative makes verbal before the start of the auction. Unless protect incumbents from harmful representations that: (i) the Internal otherwise announced, bidding on all interference. Specifically, an EA Revenue Service (‘‘IRS’’), Federal Trade licenses will be conducted on each authorization holder will be required to Commission (‘‘FTC’’), Securities and business day until bidding has stopped coordinate with the incumbent licensees Exchange Commission (‘‘SEC’’), FCC, or by using the interference protection other government agency has approved on all licenses. criteria in 47 CFR 101.103. However, the investment; (ii) the investment is not ii. Auction Title and Bidding operational agreements are encouraged subject to state or federal securities Methodology between the parties. Should an laws; or (iii) the investment will yield 25. The title of the upcoming auction incumbent lose its license, the unrealistically high short-term profits. of licenses for fixed point-to-point incumbent’s service area(s) will convey In addition, the offering materials often microwave services in the 38.6 to 40.0 to the relevant EA authorization holder include copies of actual FCC releases, or GHz band is: Auction No. 30. The and it will be then entitled to operate quotes from FCC personnel, giving the bidding methodology for Auction No. 30 within the forfeited rectangular service appearance of FCC knowledge or will be simultaneous multiple round area(s) located within its EA, without approval of the solicitation. bidding. Bidding will be permitted only being subject to further competitive 22. Information about deceptive from remote locations, either bidding. telemarketing investment schemes is electronically (by computer) or available from the FTC at (202) 326– v. Bidder Alerts 2222 and from the SEC at (202) 942– telephonically. 19. All applicants must certify on 7040. Complaints about specific iii. Pre-Auction Dates and Deadlines their FCC Form 175 applications under deceptive telemarketing investment 26. The following are important penalty of perjury that they are legally, schemes should be directed to the FTC, events and deadlines related to Auction technically, financially and otherwise the SEC, or the National Fraud No. 30: qualified to hold a license, and not in Information Center at (800) 876–7060. • Auction Seminar: March 2, 2000. default on any payment for Commission Consumers who have concerns about • Short-Form Application Deadline: licenses (including down payments) or specific 39 GHz proposals may also call March 13, 2000; 5:30 p.m. ET. delinquent on any non-tax debt owed to the FCC National Call Center at (888) • Upfront Payments (via wire any Federal agency. Prospective bidders CALL–FCC ((888) 225–5322). transfer): March 27, 2000; 6:00 p.m. ET. are reminded that submission of a false • Orders for Remote Bidding certification to the Commission is a vi. National Environmental Policy Act (NEPA) Requirements Software: March 28, 2000; 5:30 p.m. ET. serious matter that may result in severe • Mock Auction: April 7, 2000. penalties, including monetary 23. The permittee must comply with forfeitures, license revocations, the Commission’s rules regarding the iv. Auction Public Notice Attachments exclusion from participation in future National Environmental Policy Act 27. The following is the list of auctions, and/or criminal prosecution. (NEPA). The construction of a 39 GHz attachments contained in the Auction 20. The FCC makes no representations facility is a federal action and the Public Notice: or warranties about the use of this permittee must comply with the Attachment A 39 GHz Licenses to be spectrum for particular services. Commission’s NEPA rules for each such Auctioned, Upfront Payments, Applicants should be aware that an FCC facility. See 47 CFR 1.1305–1.1319. The Minimum Opening Bids auction represents an opportunity to Commission’s NEPA rules require that, Attachment B Pending Cases in the 39 become an FCC licensee in this service, among other things, the permittee GHz Proceeding

VerDate 162000 17:11 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN2.SGM pfrm01 PsN: 24FEN2 Federal Register / Vol. 65, No. 37 / Thursday, February, 24, 2000 / Notices 9313

Attachment C Auction Seminar The short-form application seeks the among auction applicants, bidders are Registration Form applicant’s name and address, legal reminded that certain discussions or Attachment D Electronic Filing and classification, status, bidding credit exchanges could broach on Review of FCC Form 175 eligibility, identification of the impermissible subject matters because Attachment E Guidelines for construction permit sought, the they may convey pricing information Completing the FCC 175 and 159 authorized bidders and contact persons. and bidding strategies. Attachment F FCC Remote Bidding A. Ownership Disclosure Requirements Software Order Form C. Small Business Bidding Credits (Form (Form 175 Exhibit A) Attachment G Exponential Smoothing 175 Exhibit C) Formula and Example 31. All applicants must comply with i. Eligibility Attachment H Accessing the FCC the uniform Part 1 ownership disclosure Network Using Windows 95/98 standards and provide information 34. Bidding credits are available to Attachment I How to Monitor FCC required by 47 CFR 1.2105 and 47 CFR small businesses and very small Auctions Online 1.2112. Specifically, in completing businesses as defined in 47 CFR Form 175, applicants will be required to Attachment J Listing of Documents 101.1209(b). See also 47 CFR 101.1208, file an Exhibit A providing a full and Addressing Application of the Anti- 101.1209. For purposes of determining complete statement of the ownership of Collusion Rules which entities qualify as very small the bidding entity. The ownership v. Participation disclosure standards for the short-form businesses or small businesses, the 28. Those wishing to participate in are set forth in 47 CFR 1.2112. Commission will consider the gross the auction must: revenues of the applicant, its controlling B. Consortia and Joint Bidding • Submit a short form application interests, and the affiliates of the Arrangements (Form 175 Exhibit B) (FCC Form 175) electronically by 5:30 applicant and its controlling interests. pm ET, March 13, 2000. 32. Applicants will be required to The Commission does not impose • Submit a sufficient upfront identify on their short-form applications specific equity requirements on payment and a FCC Remittance Advice any parties with whom they have controlling interests. Once principals or Form (FCC Form 159) by 6:00 pm ET, entered into any consortium entities with a controlling interest are March 27, 2000. arrangements, joint ventures, determined, only the revenues of those • Comply with all provisions partnerships or other agreements or principals or entities, the applicant and outlined in this Public Notice. understandings which relate in any way their affiliates will be counted in to the licenses being auctioned, determining small business eligibility. vi. General Contact Information including any agreements relating to The term ‘‘control’’ includes both de 29. The following is general contact post-auction market structure. See 47 facto and de jure control of the information relating to Auction No. 30: CFR 1.2105(a)(2)(viii); 1.2105(c)(1). applicant. Typically, ownership of at • Seminar Registration and Orders for Applicants will also be required to least 50.1 percent of an entity’s voting Remote Bidding Software: (888) CALL– certify on their short-form applications stock evidences de jure control. De facto FCC [888–225–5322] or direct (717) that they have not entered into any control is determined on a case-by-case 338–2888. Hours of service: 8 a.m.— explicit or implicit agreements, basis. The following are some common 5:30 p.m. ET. arrangements or understandings of any indicia of control: (1) The entity • Auction Legal Information: kind with any parties, other than those constitutes or appoints more than 50 Auctions and Industry Analysis identified, regarding the amount of their percent of the board of directors or Division, Legal Branch, (202) 418–0660. bids, bidding strategies, or the licenses management committee; (2) the entity • Licensing Information: Public permits on which they will or will not has authority to appoint, promote, Safety and Private Wireless Division, bid. See 47 CFR 1.2105(a)(2)(ix). In demote, and fire senior executives that cases where applicants have entered (202) 418–0680. control the day-to-day activities of the • into consortia or joint bidding Electronic Filing Assistance: FCC licensee; or (3) the entity plays an arrangements, applicants must submit Auctions Technical Support Hotline: integral role in management decisions. (202) 414–1250 (Voice), Software an Exhibit B to the FCC Form 175. 33. A party holding a non-controlling, A consortium of small businesses, or Downloading (202) 414–1255 (TTY). very small businesses is a conglomerate Hours of service: 8 a.m.–6:00 p.m. ET. attributable interest in one applicant organization formed as a joint venture • Wire transfers and refunds: FCC will be permitted to acquire an between or among mutually Auctions Accounting Branch: (202) ownership interest, form a consortium independent business firms, each of 418–1995, (202) 418–2843 (Fax). with, or enter into a joint bidding • FCC copy contractor for additional arrangement with other applicants for which individually satisfies the copies of Commission documents: licenses in the same market provided definition of small or very small International Transcription Services, that (i) the attributable interest holder business in 47 CFR 101.1209. Thus, Inc., 445 12th Street, SW Room CY– certify that it has not and will not each consortium member must disclose B400, Washington, DC 20554 (202) 314– communicate with any party concerning its gross revenues along with those of its 3070. the bids or bidding strategies of more affiliates, controlling interests, and • World Wide Web Sites: http:// than one of the applicants in which it controlling interests’ affiliates. We note www.fcc.gov/formpage; http:// holds an attributable interest, or with that although the gross revenues of the www.fcc.gov/wtb/auctions; http:// which it has formed a consortium or consortium members will not be www.fcc.gov; ftp://ftp.fcc.gov. entered into a joint bidding aggregated for purposes of determining arrangement; and (ii) the arrangements eligibility for small or very small II. Short-Form (FCC Form 175) do not result in a change in control of business credits, this information must Application Requirements any of the applicants. See 47 CFR be provided to ensure that each 30. Guidelines for completion of the 1.2105(c)(4)(i) and (ii). While the anti- individual consortium member qualifies short-form (FCC Form 175) are set forth collusion rules do not prohibit non- for any bidding credit awarded to the on Attachment E to this Public Notice. auction related business negotiations consortium.

VerDate 162000 17:11 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN2.SGM pfrm01 PsN: 24FEN2 9314 Federal Register / Vol. 65, No. 37 / Thursday, February, 24, 2000 / Notices ii. Application Showing receive either the 25 percent or the 35 not be accepted and may in some percent bidding credit, but not both. instances result in the dismissal of the 35. Applicants should note that they 37. 39 GHz band bidders should note FCC Form 175 application. 47 CFR 1.65 will be required to file supporting that unjust enrichment provisions apply amendments to pending long-form documentation as Exhibit C to their FCC to winning bidders that use bidding applications, however, should be filed Form 175 short form applications to credits and subsequently assign or after the auction and only by the establish that they satisfy the eligibility transfer control of their licenses to an winning bidder. The time for the filing requirements to qualify as a small entity not qualifying for the same level of such amendments to the auction business or very small business (or of bidding credit. See 47 CFR winners’ long form applications will be consortia of small or very small 101.1208(b). Finally, bidders should announced by subsequent Public businesses) for this auction. See 47 CFR also note that there are no installment Notice. 101.1209 and 1.2105. Specifically, for payment plans in Auction No. 30. Auction No. 30, applicants applying to III. Pre-Auction Procedures D. Other Information (Form 175 Exhibits bid as small or very small businesses (or D and E) A. Auction Seminar consortia of small or very small 41. On March 2, 2000, the FCC will businesses) will be required to disclose 38. Applicants owned by minorities sponsor a free seminar for Auction No. on Exhibit C to their FCC Form 175 or women, as defined in 47 CFR 30 at the Federal Communications short-form applications, separately and 1.2110(b)(2), may attach an exhibit Commission, located at 445 12th Street, in the aggregate, the gross revenues for (Exhibit D) regarding this status. This SW, Washington, DC. The seminar will the preceding three years of each of the applicant status information is collected provide attendees with information following: (1) The applicant; (2) the for statistical purposes only and assists about pre-auction procedures, conduct applicant’s affiliates; (3) the applicant’s the Commission in monitoring the of the auction, FCC remote bidding controlling interests; and (4) the participation of ‘‘designated entities’’ in software, and the 39 GHz band service affiliates of the applicant’s controlling its auctions. Applicants wishing to and auction rules. The seminar will also interests. Certification that the average submit additional information may do provide an opportunity for prospective gross revenues for the preceding three so in Exhibit E—Miscellaneous bidders to ask questions of FCC staff. To years do not exceed the applicable limit Information—to the FCC Form 175. register, complete the registration form is not sufficient. A statement of the total E. Minor Modifications to Short-Form included in the Auction Public Notice gross revenues for the preceding three Applications (FCC Form 175) and submit it by Tuesday, February 29, years is also insufficient. The applicant 39. After the short-form filing 2000. Registrations are accepted on a must provide separately for itself, its deadline (March 13, 2000), applicants first-come, first-served basis. affiliates, and its controlling interests, a may make only minor changes to their schedule of gross revenues for each of B. Short-Form Application (FCC Form FCC Form 175 applications. Applicants the preceding three years, as well as a 175)—Due March 13, 2000 will not be permitted to make major statement of total average gross revenues modifications to their applications (e.g., 42. In order to be eligible to bid in this for the three-year period. If the change their construction permit auction, applicants must first submit an applicant is applying as a consortium of selections or proposed service areas, FCC Form 175 application. This very small or small businesses, this change the certifying official or change application must be submitted information must be provided for each control of the applicant or change electronically and received at the consortium member. bidding credits). See 47 CFR 1.2105. Commission by 5:30 p.m. ET on March iii. Bidding Credits Permissible minor changes include, for 13, 2000. Late applications will not be example, deletion and addition of accepted. There is no application fee 36. Applicants that qualify under the authorized bidders (to a maximum of required when filing an FCC Form 175. definitions of small business, and very three) and revision of exhibits. However, to be eligible to bid, an small business (or consortia of small or Applicants should make these changes applicant must submit an upfront very small businesses) as are set forth in on-line, and submit a letter to Amy payment. 47 CFR 101.1209, are eligible for a Zoslov, Chief, Auctions and Industry i. Electronic Filing bidding credit that represents the Analysis Division, Wireless amount by which a bidder’s winning Telecommunications Bureau, Federal 43. All short-form applications must bids are discounted. See 47 CFR Communications Commission, 445 12th be filed electronically. See 47 CFR 101.1208(a). The size of a 39 GHz band Street, SW, Suite 4–A760 Washington, 1.2105(a). Applications may generally bidding credit depends on the average DC 20554, briefly summarizing the be filed at any time from March 2, 2000 gross revenues for the preceding three changes. Questions about other changes until 5:30 p.m. ET on March 13, 2000. years of the bidder and its controlling should be directed to Kenneth Burnley Applicants are strongly encouraged to interests and affiliates: A bidder with of the Auctions and Industry Analysis file early, and applicants are responsible average gross revenues of not more than Division at (202) 418–0660. for allowing adequate time for filing $40 million for the preceding three their applications. Applicants may years receives a 25 percent discount on F. Maintaining Current Information in update or amend their electronic its winning bids for 39 GHz band Short-Form Applications applications multiple times until the licenses (‘‘small business’’). See 47 CFR 40. Applicants have an obligation filing deadline on March 13, 2000. 01.1209(b)(1)(i). A bidder with average under 47 CFR 1.65, to maintain the 44. Applicants must press the gross revenues of not more than $15 completeness and accuracy of ‘‘Submit Form 175’’ button on the million for the preceding three years information in their short-form ‘‘Submit’’ page of the electronic form to receives a 35 percent discount on its applications. Amendments reporting successfully submit their FCC Forms winning bids for 39 GHz band licenses substantial changes of possible 175. Any form that is not submitted will (‘‘very small business’’). See 47 CFR decisional significance in information not be reviewed by the FCC. Information 101.1209(b)(1)(ii). Bidding credits are contained in FCC Form175 applications, about accessing the FCC Form 175 is not cumulative: qualifying applicants as defined by 47 CFR 1.2105(b)(2), will included in Attachment D. Technical

VerDate 162000 17:11 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN2.SGM pfrm01 PsN: 24FEN2 Federal Register / Vol. 65, No. 37 / Thursday, February, 24, 2000 / Notices 9315 support is available at (202) 414–1250 payments for Auction No. 30 go to a Proposed Rule Making, the Commission (voice) or (202) 414–1255 (text lockbox number different from the ones delegated to the Bureau the authority telephone (TTY)); the hours of service used in previous FCC auctions, and and discretion to determine an are 8 a.m. to 6 p.m. ET, Monday through different from the lockbox number to be appropriate upfront payment for each Friday. used for post-auction payments. Failure license being auctioned. See to deliver the upfront payment by the Amendment of Part 1 of the ii. Completion of the FCC Form 175 March 27, 2000 deadline will result in Commission’s Rules—Competitive 45. Applicants should carefully dismissal of the application and Bidding Proceeding, WT Docket No. 97– review 47 CFR 1.2105, and must disqualification from participation in 82, Order, Memorandum Opinion and complete all items on the FCC Form the auction. Order and Notice of Proposed Rule 175. Instructions for completing the FCC Making, 63 FR 770 (January 7, 1998). In i. Making Auction Payments by Wire Form 175 are in Attachment E of the the Auction Public Notice, the Bureau Transfer Auction Public Notice. Applicants are adopted upfront payments for Auction encouraged to begin preparing the 49. Wire transfer payments must be No. 30. Specifically, the Bureau revised required attachments for FCC Form 175 received by 6:00 p.m. ET on March 27, the proposed calculation of upfront prior to submitting the form. 2000. To avoid untimely payments, payments on a license-by-license basis, Attachments D and E of the Auction applicants should discuss arrangements using the following formula: Public Notice provide information on (including bank closing schedules) with For licenses with populations less the required attachments and their banker several days before they than or equal to 1,000,000 pops the appropriate formats. plan to make the wire transfer, and upfront calculation is: allow sufficient time for the transfer to License population * $0.02 (the result iii. Electronic Review of FCC Form 175 be initiated and completed before the rounded to the nearest hundred dollars 46. The FCC Form 175 review deadline. Applicants will need the for results of less than $10,000 and software may be used to review and following information: rounded to the nearest thousand dollars print applicants’ FCC Form 175 • ABA Routing Number: 043000261 for results greater than $10,000.00) with information. Applicants may also view • Receiving Bank: Mellon Pittsburgh a minimum of no less than $2,500.00 other applicants’ completed FCC Form • BNF: FCC/AC 910–0180 For licenses with populations with 175s after the filing deadline has passed • OBI Field: (Skip one space between greater than 1,000,000 pops, the upfront and the FCC has issued a public notice each information item) calculation is: $0.02 per pop for each of explaining the status of the applications. • ‘‘AUCTIONPAY’’ the first million pops and $0.04 per pop • For this reason, it is important that TAXPAYER IDENTIFICATION NO.: for the remaining pops (the result (same as FCC Form 159, block 26) applicants do not include their • rounded to the nearest thousand Taxpayer Identification Numbers (TINs) PAYMENT TYPE CODE (enter dollars). on any Exhibits to their FCC Form 175 ‘‘A30U’’) 53. Please note that upfront payments • FCC CODE 1 (same as FCC Form applications. There is no fee for are not attributed to specific licenses, 159, block 23A: ‘‘30’’) accessing this system. • but instead will be translated to bidding PAYER NAME (same as FCC Form units to define a bidder’s maximum C. Application Processing and Minor 159, block 2) bidding eligibility. For Auction No. 30, • LOCKBOX NO. #358420 Corrections the amount of the upfront payment will 47. After the deadline for filing the Note: The BNF and Lockbox number are be translated into bidding units on a FCC Form 175 applications has passed, specific to the upfront payments for this one-to-one basis, e.g., a $25,000 upfront the FCC will process all timely auction; do not use BNF or Lockbox numbers payment provides the bidder with submitted applications to determine from previous auctions. 25,000 bidding units. The total upfront which are acceptable for filing, and 50. Applicants must fax a completed payment defines the maximum amount subsequently will issue a public notice FCC Form 159 to Mellon Bank at (412) of bidding units on which the applicant identifying: (i) Those applications 236–5702 at least one hour before will be permitted to bid (including accepted for filing (including FCC placing the order for the wire transfer standing high bids) in any single round account numbers and the licenses for (but on the same business day). On the of bidding. Thus, an applicant does not which they applied); (ii) those cover sheet of the fax, write ‘‘Wire have to make an upfront payment to applications rejected; and (iii) those Transfer—Auction Payment for Auction cover all licenses for which the applications which have minor defects Event No. 30.’’ Bidders should confirm applicant has selected on FCC Form that may be corrected, and the deadline receipt of their upfront payment at 175, but rather to cover the maximum for filing such corrected applications. Mellon Bank by contacting their sending number of bidding units that are financial institution. associated with licenses on which the D. Upfront Payments—Due March 27, bidder wishes to place bids and hold 2000 ii. FCC Form 159 high bids at any given time. 48. In order to be eligible to bid in the 51. A completed FCC Remittance 54. In order to be able to place a bid auction, applicants must submit an Advice Form (FCC Form 159) must on a license, in addition to having upfront payment accompanied by an accompany each upfront payment. specified that license on the FCC Form FCC Remittance Advice Form (FCC Proper completion of FCC Form 159 is 175, a bidder must have an eligibility Form 159). After completing the FCC critical to ensuring correct credit of level that meets or exceeds the number Form 175, filers will have access to an upfront payments. Detailed instructions of bidding units assigned to that license. electronic version of the FCC Form 159. for completion of FCC Form 159 are At a minimum, an applicant’s total All upfront payments must be received included in Attachment E to the upfront payment must be enough to at Mellon Bank in Pittsburgh, PA, by Auction Public Notice. establish eligibility to bid on at least one 6:00 p.m. ET on March 27, 2000. Please of the licenses applied for on the FCC note that all payments must be made in iii. Amount of Upfront Payment Form 175, or else the applicant will not U.S. dollars and all payments must be 52. In the Part 1 Order, Memorandum be eligible to participate in the auction. made by wire transfer. Upfront Opinion and Order, and Notice of Additional information regarding

VerDate 162000 17:11 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN2.SGM pfrm01 PsN: 24FEN2 9316 Federal Register / Vol. 65, No. 37 / Thursday, February, 24, 2000 / Notices upfront payments can be found in Part G. Mock Auction bidding eligibility, and increases by III.D of the Auction Public Notice. stage as the auction progresses. 60. All applicants whose FCC Form E. Auction Registration 175 has been accepted for filing will be iii. Activity Rule Waivers and Reducing eligible to participate in a mock auction Eligibility 55. Approximately ten days before the on April 7, 2000. auction, the FCC will issue a public 66. Each bidder will be provided five notice announcing all qualified bidders IV. Auction Event activity rule waivers that may be used for the auction. Qualified bidders are in any round during the course of the 61. The first round of the auction will auction. Use of an activity rule waiver those applicants whose FCC Form 175 begin on April 12, 2000. The initial applications have been accepted for preserves the bidder’s current bidding round schedule will be announced in a eligibility despite the bidder’s activity filing and that have timely submitted public notice listing the qualified in the current round being below the upfront payments sufficient to make bidders, to be released approximately 10 required minimum level. An activity them eligible to bid on at least one of days before the start of the auction. rule waiver applies to an entire round the licenses for which they applied. A. Auction Structure of bidding and not to a particular 56. All qualified bidders are license. automatically registered for the auction. i. Simultaneous Multiple Round 67. The FCC auction system assumes Registration materials will be Auction that bidders with insufficient activity distributed prior to the auction by two 62. In the 39 GHz Comment Public would prefer to use an activity rule separate overnight mailings, each Notice, we proposed to award the 2,450 waiver (if available) rather than lose containing part of the confidential licenses in the 39 GHz band in a single, bidding eligibility. Therefore, the identification codes required to place simultaneous multiple round auction. system will automatically apply a bids. These mailings will be sent only We received no comment on this issue. waiver (known as an ‘‘automatic to the contact person at the contact We conclude that it is operationally waiver’’) at the end of any round where address listed in the FCC Form 175. feasible and appropriate to auction all a bidder’s activity level is below the 57. Applicants that do not receive 2,450 of the 39 GHz band licenses minimum required unless: (1) There are both registration mailings will not be through a single, simultaneous multiple no activity rule waivers available; or (2) able to submit bids. Therefore, any round auction. Unless otherwise the bidder overrides the automatic qualified applicant that has not received announced, bids will be accepted on all application of a waiver by reducing both mailings by noon on Friday, April licenses in each round of the auction. eligibility, thereby meeting the 7, 2000, should contact the Auctions minimum requirements. Hotline at 1–888–225–5322 (option #2) ii. Maximum Eligibility and Activity 68. A bidder with insufficient activity or 717–338–2888. Receipt of both Rules that wants to reduce its bidding eligibility rather than use an activity registration mailings is critical to 63. In the 39 GHz Comment Public rule waiver must affirmatively override participating in the auction and each Notice, we proposed that the amount of the automatic waiver mechanism during applicant is responsible for ensuring it the upfront payment submitted by a the round by using the reduce eligibility has received all of the registration bidder would determine the initial function in the software. In this case, material. maximum eligibility (as measured in the bidder’s eligibility is permanently 58. Qualified bidders should note that bidding units) for each bidder. We reduced to bring the bidder into lost login codes, passwords or bidder received no comments on this issue. For compliance with the activity rules as identification numbers can be replaced Auction No. 30 we will adopt this described in ‘‘Auction Stages’’ (see Part only by appearing in person at the FCC proposal. The amount of the upfront IV.A.4 of the Auction Public Notice). Auction Headquarters located at 445 payment submitted by a bidder Once eligibility has been reduced, a 12th St., Washington, DC 20554. Only determines the initial maximum bidder will not be permitted to regain its an authorized representative or eligibility (in bidding units) for each lost bidding eligibility. certifying official, as designated on an bidder. 69. Finally, a bidder may proactively applicant’s FCC Form 175, may appear 64. In order to ensure that the auction use an activity rule waiver as a means in person with two forms of closes within a reasonable period of to keep the auction open without identification (one of which must be a time, an activity rule requires bidders to placing a bid. If a bidder submits a photo identification) in order to receive bid actively throughout the auction, proactive waiver (using the proactive replacement codes. Qualified bidders rather than wait until the end before waiver function in the bidding software) requiring replacement codes must call participating. Bidders are required to be during a round in which no bids are technical support prior to arriving at the active on a specific percentage of their submitted, the auction will remain open FCC to arrange preparation of new maximum eligibility during each round and the bidder’s eligibility will be codes. of the auction. preserved. An automatic waiver invoked F. Remote Electronic Bidding Software 65. A bidder’s activity level in a in a round in which there are no new round is the sum of the bidding units valid bids or withdrawals will not keep 59. Qualified bidders are allowed to associated with licenses on which the the auction open. bid electronically or telephonically. bidder is active. A bidder will be Each bidder choosing to bid considered active on a license in the iv. Auction Stages electronically must purchase remote current round if it is either the high 70. The auction will be composed of electronic bidding software for $175.00 bidder at the end of the previous three stages, which are each defined by by Tuesday, March 28, 2000. Auction bidding round and does not withdraw an increasing activity rule. The software is tailored to a specific auction, the high bid in the current round, or if following are the activity levels for each so software from prior auctions will not it submits an acceptable bid in the stage of the auction. The FCC reserves work for Auction No. 30. A software current round. The minimum required the discretion to further alter the order form is included in the Auction activity level will be expressed as a activity percentages before and/or Public Notice. percentage of the bidder’s maximum during the auction.

VerDate 162000 17:11 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN2.SGM pfrm01 PsN: 24FEN2 Federal Register / Vol. 65, No. 37 / Thursday, February, 24, 2000 / Notices 9317

71. Stage One: During the first stage vi. Auction Stopping Rules bidding. We emphasize that exercise of of the auction, a bidder desiring to 75. Bidding will remain open on all this authority is solely within the maintain its current eligibility will be licenses until bidding stops on every discretion of the Bureau, and its use is required to be active on licenses that license. The auction will close for all not intended to be a substitute for represent at least 80 percent of its licenses when one round passes during situations in which bidders may wish to current bidding eligibility in each which no bidder submits a new apply their activity rule waivers. bidding round. Failure to maintain the acceptable bid on any license, applies a B. Bidding Procedures required activity level will result in a proactive waiver, or withdraws a reduction in the bidder’s bidding previous high bid. After the first such i. Round Structure eligibility in the next round of bidding round, bidding closes simultaneously 79. The initial bidding schedule will (unless an activity rule waiver is used). on all licenses. In addition, the Bureau be announced by public notice at least During Stage One, reduced eligibility for retains the discretion to close the one week before the start of the auction, the next round will be calculated by auction for all licenses after the first and will be included in the registration multiplying the sum of bidding units of round in which no bidder submits a mailings. The round structure for each the bidder’s standing high bids and proactive waiver, a withdrawal, or a bidding round contains a single bidding valid bids during the current round by new bid on any license on which it is round followed by the release of the five-fourths (5/4). not the standing high bidder. Thus, round results. Multiple bidding rounds 72. Stage Two: During the second absent any other bidding activity, a may be run in a given day. stage of the auction, a bidder desiring to bidder placing a new bid on a license 80. The FCC has discretion to change maintain its current eligibility is for which it is the standing high bidder the bidding schedule in order to foster required to be active on 90 percent of its would not keep the auction open under an auction pace that reasonably current bidding eligibility. Failure to this stopping rule procedure. We will balances speed with the bidders’ need to maintain the required activity level will notify bidders in advance of study round results and adjust their result in a reduction in the bidder’s implementing any change to our bidding strategies. The FCC may bidding eligibility in the next round of simultaneous stopping rule. increase or decrease the amount of time bidding (unless an activity rule waiver 76. The Bureau also retains the for the bidding rounds and review is used). During Stage Two, reduced discretion to keep the auction open even periods, or the number of rounds per eligibility for the next round will be if no new acceptable bids or proactive day, depending upon the bidding calculated by multiplying the sum of waivers are submitted, and no previous activity level and other factors. bidding units of the bidder’s standing high bids are withdrawn in a round. In ii. Reserve Price or Minimum Opening high bids and valid bids during the this event, the effect will be the same as Bid current round by ten-ninths (10/9). if a bidder had submitted a proactive 73. Stage Three: During the third waiver. Thus, the activity rule will 81. We will adopt minimum opening stage of the auction, a bidder desiring to apply as usual, and a bidder with bids for the licenses in Auction No. 30, maintain its current eligibility is insufficient activity will either lose which are reducible at the discretion of required to be active on 98 percent of its bidding eligibility or use an activity rule the Bureau. Congress has enacted a current bidding eligibility. Failure to waiver (if it has any left). presumption that unless the maintain the required activity level will 77. Further, in its discretion, the Commission determines otherwise, result in a reduction in the bidder’s Bureau reserves the right to invoke the minimum opening bids or reserve prices bidding eligibility in the next round of ‘‘special stopping rule.’’ If the FCC are in the public interest. bidding (unless an activity rule waiver invokes this special stopping rule, it 82. The commenters’ arguments is used). In this stage, reduced eligibility will accept bids in the final round(s) regarding incumbency on the 39 GHz for the next round will be calculated by only for licenses on which the high bid band have convinced us that some multiplying the sum of bidding units of increased in at least one of the proposed minimum opening bid values the bidder’s standing high bids and preceding specified number of rounds. may not adequately have taken into valid bids during the current round by Before exercising this option, the FCC is account the level of incumbency in the fifty-fortyninths (50/49). likely to attempt to increase the pace of 39 GHz band and thus the Bureau has established minimum opening bids that v. Stage Transitions the auction by, for example, moving the auction into the next stage (where more accurately reflect the level of 74. In Auction No. 30, the auction bidders would be required to maintain incumbency. Accordingly, upon re- would generally advance to the next a higher level of bidding activity), examination of the proposed formula, stage (i.e., from Stage One to Stage Two, increasing the number of bidding we will modify it as follows: and from Stage Two to Stage Three) rounds per day, and/or adjusting the For licenses with populations less when the auction activity level, as amount of the minimum bid increments than or equal to 1,000,000 pops the measured by the percentage of bidding for the licenses. minimum opening bid calculation is: units receiving new high bids, is below License population * $0.02 (the result 10 percent for three consecutive rounds vi. Auction Delay, Suspension, or rounded to the nearest hundred dollars of bidding in each Stage. However, the Cancellation for results of less than $10,000 and Bureau will retain the discretion to 78. For Auction No. 30, via public rounded to the nearest thousand dollars regulate the pace of the auction by notice or by announcement during the for results greater than $10,000.00) with announcement. This determination will auction, the Bureau may delay, suspend, a minimum of no less than $2,500.00. be based on a variety of measures of or cancel the auction in the event of For licenses with populations with bidder activity, including, but not natural disaster, technical obstacle, greater than 1,000,000 pops, the limited to, the auction activity level, the evidence of an auction security breach, minimum opening calculation is: $0.02 percentages of licenses (as measured in unlawful bidding activity, per pop for each of the first million pops bidding units) on which there are new administrative or weather necessity, or and $0.04 per pop for the remaining bids, the number of new bids, and the for any other reason that affects the fair pops (the result rounded to the nearest percentage increase in revenue. and competitive conduct of competitive thousand dollars).

VerDate 162000 17:11 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN2.SGM pfrm01 PsN: 24FEN2 9318 Federal Register / Vol. 65, No. 37 / Thursday, February, 24, 2000 / Notices

83. As a final safeguard against v. Bidding 90. Before the close of a bidding unduly high pricing, minimum opening 87. During a bidding round, a bidder round, a bidder has the option of bids are reducible at the discretion of may submit bids for as many licenses as removing any bids placed in that round. the Bureau. This will allow the Bureau it wishes, subject to its eligibility, as By using the ‘‘remove bid’’ function in flexibility to adjust the minimum well as withdraw high bids from the software, a bidder may effectively opening bids if circumstances warrant. previous bidding rounds, remove bids ‘‘unsubmit’’ any bid placed within that We emphasize, however, that such placed in the same bidding round, or round. A bidder removing a bid placed discretion will be exercised, if at all, permanently reduce eligibility. Bidders in the same round is not subject to sparingly and early in the auction, i.e., also have the option of making multiple withdrawal payments. For information on withdrawal procedures and the before bidders lose all waivers and submissions and withdrawals in each calculation of withdrawal payments is begin to lose substantial eligibility. bidding round. If a bidder submits included in the Auction Public Notice. During the course of the auction, the multiple bids for a single license in the See Part IV.B.6 of the Auction Public Bureau will not entertain any bidder same round, the system takes the last Notice. requests to reduce the minimum bid entered as that bidder’s bid for the opening bid on specific licenses. round, and the date- and time-stamp of vii. Round Results iii. Bid Increments and Minimum that bid reflects the latest time the bid 91. Bids placed during a round will Accepted Bids was submitted. not be published until the conclusion of 88. A bidder’s ability to bid on that bidding period. After a round 84. In Auction No. 30, we will use a specific licenses in the first round of the closes, the Commission will compile smoothing methodology to calculate auction is determined by two factors: (1) reports of all bids placed, bids minimum bid increments. We will The licenses applied for on FCC Form withdrawn, current high bids, new further retain the discretion to change 175; and (2) the upfront payment minimum accepted bids, and bidder the minimum bid increment if amount deposited. The bid submission eligibility status (bidding eligibility and circumstances so dictate. The formula screens will be tailored for each bidder activity rule waivers), and post the used to calculate this increment is to include only those licenses for which reports for public access. included as Attachment G to the the bidder applied on its FCC Form 175. viii. Auction Announcements Auction Public Notice. A bidder also has the option to further tailor its bid submission screens to call 92. The FCC will use auction 85. We adopt our proposal of initial up specified groups of licenses. The announcements to announce items such values for the maximum of 0.2 or 20 bidding software requires each bidder to as schedule changes and stage percent of the license value, and a login to the FCC auction system during transitions. All FCC auction minimum of 0.1 or 10 percent of the the bidding round using the FCC announcements will be available on the license value. The Bureau retains the account number, bidder identification FCC remote electronic bidding system, discretion to change the minimum bid number, and the confidential security as well as the Internet. increment if it determines that codes provided in the registration ix. Maintaining the Accuracy of FCC circumstances so dictate, such as raising materials. Bidders are strongly Form 175 Information the minimum increment toward the end encouraged to download and print bid of the auction to enable bids to reach confirmations after they submit their 93. After the short-form filing their final values more quickly. The bids. More information on bidding is deadline, applicants may make only Bureau will do so by announcement in included in the Auction Public Notice. minor changes to their FCC Form 175 the Automated Auction System. Under See Part IV.B.5 of the Auction Public applications. Filers must make these its discretion, the Bureau may also Notice. changes on-line, and submit a letter to implement an absolute dollar floor for Amy Zoslov, Chief, Auctions and the bid increment to further facilitate a vi. Bid Removal and Bid Withdrawal Industry Analysis Division, Wireless timely close of the auction. The Bureau 89. The Bureau will limit the number Telecommunications Bureau, Federal may also use its discretion to adjust the of rounds in which bidders may place Communications Commission, 445 12th minimum bid increment without prior withdrawals to two rounds. These Street, SW., Washington, DC 20554 (and notice if circumstances warrant. As an rounds will be at the bidder’s discretion mail a separate copy to Kenneth alternative approach, the Bureau may, and there will be no limit on the Burnley, Auctions and Industry in its discretion, adjust the minimum number of bids that may be withdrawn Analysis Division), briefly summarizing bid increment gradually over a number in either of these rounds. Withdrawals the changes. Questions about other of rounds as opposed to single large during the auction will still be subject changes should be directed to Kenneth changes in the minimum bid increment to the bid withdrawal payments Burnley, Auctions and Industry (e.g., by raising the increment floor by specified in 47 CFR 1.2104(g). Bidders Analysis Division at (202) 418–0660. one percent every round over the course should note that abuse of the V. Post-Auction Procedures of ten rounds). The Bureau also retains Commission’s bid withdrawal the discretion to use alternate procedures could result in the denial of A. Down Payments and Withdrawn Bid methodologies, such as a flat percentage the ability to bid on a market. If a high Payments increment for all licenses, for Auction bid is withdrawn, the license will be 94. After bidding has ended, the No. 30 if circumstances warrant. offered in the next round at the second Commission will issue a public notice iv. High Bids highest bid price, which may be less declaring the auction closed, identifying than, or equal to, in the case of tie bids, the winning bids and bidders for each 86. Each bid will be date- and time- the amount of the withdrawn bid, license, and listing withdrawn bid stamped when it is entered into the FCC without any bid increment. The payments due. computer system. In the event of tie Commission will serve as a ‘‘place 95. Within ten business days after bids, the Commission will identify the holder’’ on the license until a new release of the auction closing notice, high bidder on the basis of the order in acceptable bid is submitted on that each winning bidder must submit which the Commission receives bids. license. sufficient funds (in addition to its

VerDate 162000 17:11 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN2.SGM pfrm01 PsN: 24FEN2 Federal Register / Vol. 65, No. 37 / Thursday, February, 24, 2000 / Notices 9319 upfront payment) to bring its total payment, or is otherwise disqualified) payments until the close of the auction. amount of money on deposit with the will be subject to the payments Qualified bidders that have exhausted Government to 20 percent of its net described in 47 CFR 1.2104(g)(2). In all of their activity rule waivers, have no winning bids (actual bids less any such event the Commission may re- remaining bidding eligibility, and have applicable bidding credits). See 47 CFR auction the license or offer it to the next not withdrawn a high bid during the 1.2107(b). In addition, by the same highest bidder (in descending order) at auction must submit a written refund deadline all bidders must pay any their final bid. See 47 CFR 1.2109(b) and request which includes wire transfer withdrawn bid amounts due under 47 (c). In addition, if a default or instructions, a Taxpayer Identification CFR 1.2104(g), as discussed in Part disqualification involves gross Number (‘‘TIN’’), and a copy of their IV.B.6. of the Auction Public Notice. misconduct, misrepresentation, or bad bidding eligibility screen print, to: Upfront payments are applied first to faith by an applicant, the Commission Federal Communications Commission, satisfy any withdrawn bid liability, may declare the applicant and its Financial Operations Center, Auctions before being applied toward down principals ineligible to bid in future Accounting Group, Attention: Shirley payments. auctions, and may take any other action Hanberry, 445 12th Street, SW, Room 1– that it deems necessary, including A824, Washington, DC 20554. B. Long-Form Application institution of proceedings to revoke any 100. Bidders are encouraged to file 96. Within ten business days after existing licenses held by the applicant. their refund information as a release of the auction closing notice, See 47 CFR 1.2109(d). winning bidders must electronically confidential attachment to their short- submit a properly completed long-form D. Refund of Remaining Upfront form application when submitting the application and required exhibits for Payment Balance FCC Form 175. Bidders can also fax each 39 GHz band license won through 98. All applicants that submitted their request to the Auctions the auction. Winning bidders that are upfront payments but were not winning Accounting Group at (202) 418–2843. small businesses or very small bidders for a 39 GHz license may be Once the request has been approved, a businesses must include an exhibit entitled to a refund of their remaining refund will be sent to the address demonstrating their eligibility for upfront payment balance after the provided on the FCC Form 159. bidding credits. See 47 CFR 1.2112(b). conclusion of the auction. No refund Note: Refund processing generally takes up Further filing instructions will be will be made unless there are excess to two weeks to complete. Bidders with provided to auction winners at the close funds on deposit from that applicant questions about refunds should contact of the auction. after any applicable bid withdrawal Michelle Bennett or Gail Glasser at (202) payments have been paid. 418–1995. C. Default and Disqualification 99. Bidders that drop out of the 97. Any high bidder that defaults or auction completely may be eligible for Federal Communications Commission. is disqualified after the close of the a refund of their upfront payments Louis Sigalos, auction (i.e., fails to remit the required before the close of the auction. Deputy Chief, Auctions and Industry Analysis down payment within the prescribed However, bidders that reduce their Division. period of time, fails to submit a timely eligibility and remain in the auction are [FR Doc. 00–4349 Filed 2–18–00; 3:03 pm] long-form application, fails to make full not eligible for partial refunds of upfront BILLING CODE 6712±01±U

VerDate 162000 17:11 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN2.SGM pfrm01 PsN: 24FEN2 Thursday, February 24, 2000

Part III

Department of Housing and Urban Development Super Notice of Funding Availability (SuperNOFA) for Housing, Community Development and Empowerment Programs and Section 8 Housing Voucher Assistance for FY 2000; Notice

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9322 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

DEPARTMENT OF HOUSING AND Washington, DC 20410 (see the Program HUD Field Offices and the hours of URBAN DEVELOPMENT Chart or Programs Section for Room operation.) Please be sure to arrive at the location and additional information HUD Field Office with adequate time to [Docket No. FR±4560±N±01] regarding the addresses for application submit the application before the 6:00 Super Notice of Funding Availability submission). Please make sure that you pm deadline on the application due (SuperNOFA) for HUD's Housing, note the room number. The correct room date. Community Development and number is very important to ensure that Copies of Applications to HUD Empowerment Programs and Section 8 your application is not misdirected. Offices. The Programs Section of this SuperNOFA may specify that to Housing Voucher Assistance for Fiscal For Applications to HUD Field Offices. If your application is required facilitate the processing and review of Year 2000 to be submitted to a HUD Field Office, your application, a copy of the AGENCY: Office of the Secretary, HUD. please see the Programs Section for the application also must be sent to an ACTION: Super Notice of Funding exact office location for submission of additional HUD location (for example, a Availability (SuperNOFA) for HUD your application. copy to the HUD Field Office if the Grant Programs. Applications Submission Procedures. original application is to be submitted to Mailed Applications. Your application HUD Headquarters, or a copy to HUD SUMMARY: This Fiscal Year 2000 Super will be considered timely filed if your Headquarters, if the original application Notice of Funding Availability application is postmarked on or before is to be submitted to a HUD Field (SuperNOFA) announces the 12:00 midnight on the application due Office). Please follow the directions of availability of approximately $2.424 date and received by the designated the Programs Section to ensure that you billion in HUD program funds covering HUD Office on or within ten (10) days submit your application to the proper 39 grant categories within programs of the application due date. location. For some programs, HUD operated and administered by HUD Applications Sent by Overnight/ requests additional copies in order to offices and Section 8 housing voucher Express Mail Delivery. If your expeditiously review your application, assistance. application is sent by overnight delivery and to ensure that all reviewers receive The General Section of this or express mail, your application will be complete applications to review. HUD SuperNOFA provides the application timely filed if it is received before or on appreciates your assistance in providing procedures and requirements that are the application due date, or when you the copies. Please note that for those applicable to all the programs in this submit documentary evidence that your applications for which copies are to be SuperNOFA. The Programs Section of application was placed in transit with submitted to the Field Offices and HUD this SuperNOFA provides a description the overnight delivery/express mail Headquarters, timeliness of submission of the specific programs for which service by no later than the application will be based on the time your funding is made available and describes due date. application is received at HUD any additional procedures and Hand Carried Applications. Hand- Headquarters. requirements that are applicable to a carried to HUD Headquarters. If your FOR APPLICATION KITS, FURTHER specific program. Please be sure you application is required to be submitted INFORMATION AND TECHNICAL read both the General Section and the to HUD Headquarters, and you arrange ASSISTANCE Program Section of this SuperNOFA to for the application to be hand carried, ensure you respond to all the hand carried applications delivered The information in this section is requirements for funding. before and on the application due date applicable to all programs that are part must be brought to the specified of this SuperNOFA. This section APPLICATION DUE DATES location at HUD Headquarters and room describes how you may obtain The information in this number between the hours of 8:45 am to application kits, further information ‘‘APPLICATION DUE DATES’’ section 5:15 pm, Eastern time. Applications about the SuperNOFA and technical applies to all programs that are part of hand carried on the application due assistance. A guidebook to HUD this SuperNOFA. You, the applicant, date will be accepted in the South programs, titled ‘‘Connecting with must submit a completed application to Lobby of the HUD Headquarters Communities: A User’s Guide to the HUD no later than the application due Building at the above address from 5:15 HUD Programs and the 2000 date established for the program for pm until 12:00 midnight, Eastern time. SuperNOFA Process.’’ This guidebook which you are seeking funding. HUD This deadline date is firm. Please make provides a brief description of all of will not accept for review and appropriate arrangements to arrive at HUD’s programs, a description of the evaluation any applications sent by the HUD Headquarters Building before SuperNOFA programs, and eligible facsimile (fax). 12:00 midnight, Eastern time, on the applicants for these programs, and application due date. examples of how programs can work in ADDRESSES AND APPLICATION Hand-carried to HUD Field Office. If combination to serve local community SUBMISSION PROCEDURES your application is required to be needs. The main sources for obtaining Addresses. You, the applicant, must submitted to a HUD Field Office, your this information are: submit a complete application to the application must be delivered to the The SuperNOFA Information Center, location identified in the Programs appropriate HUD Field Office in which you may reach by calling 1–800– Section of this SuperNOFA. When accordance with the instructions HUD–8929 or the Center’s TTY number submitting your application, please refer specified in the Programs Section of the at 1–800–HUD–2209; and to the name of the program for which SuperNOFA. A hand carried application HUD’s web site on the Internet at you are seeking funding. will be accepted at the specified HUD http://www.hud.gov. For Applications to HUD Field Office during normal business For Application Kits and SuperNOFA Headquarters. If your application is due hours before the application due date. User Guide. HUD is pleased to provide to HUD Headquarters, you must send On the application due date, business you with the FY 2000 application kits the application to the following address: hours will be extended to 6:00 pm, local and/or a guidebook to all HUD programs Department of Housing and Urban time. (Appendix A–1 to this General that are part of this SuperNOFA. For Development, 451 Seventh Street, SW, Section of the SuperNOFA lists the some announcements of funding

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9323 availability in this SuperNOFA, the Additionally, the Programs Section may designed to increase the ability of process for applying for funds is so specify additional forms, certifications, applicants to consider and apply for simple no application kit is required. assurances, or other information that funding under a wide variety of HUD Where this is the case, the program may be required for a particular program programs. The SuperNOFA provides a section for that funding will note that in this SuperNOFA. ‘‘menu’’ of HUD competitive programs. there is no application kit. The For Further Information. For answers From this menu, communities will be application kits are designed to guide to your questions about this made aware of funding available for you through the application process and SuperNOFA, you have several options. their jurisdictions. Nonprofits, public ensure that your application addresses You may call, during business hours, housing agencies, local and State all requirements for the program the SuperNOFA Information Center at governments, tribal governments and funding you are seeking. Please note 1–800–HUD–8929, or you may contact tribally designated housing entities, that if there is a discrepancy between the HUD Office or Processing Center veterans service organizations, faith- information provided in the application serving your area at the telephone based organizations and others will be kit and the information provided in the number listed in the application kit for able to identify the programs for which published SuperNOFA, the information the program in which you are they are eligible for funding. in the published SuperNOFA prevails. interested. If you are a person with a The most creative and novel element Therefore, please be sure to review your hearing or speech impairment you may of the SuperNOFA is that it places application submission against the call the Center’s TTY number at 1–800– heavy emphasis on the coordination of requirements in the SuperNOFA. HUD–2209. You may also obtain activities assisted by HUD funds to You may request general information information on this SuperNOFA and provide (1) greater flexibility and and application kits from the application kits for this SuperNOFA responsiveness by potential grantees in SuperNOFA Information Center. When through the HUD web site on the meeting local housing and community requesting an application kit from the Internet at http://www.hud.gov. development needs, and (2) greater SuperNOFA Information Center, please For Technical Assistance. Before the flexibility for eligible applicants to refer to the name of the program of the application due date, HUD staff will be determine what HUD program resources application kit you are interested in available to provide you with general best fit the community’s needs. The receiving. Please be sure to provide your guidance and technical assistance about SuperNOFA’s promotion of name, address (including zip code), and this SuperNOFA. HUD staff, however, coordination and comprehensive telephone number (including area code). are not permitted to assist in preparing planning of HUD assistance reduces To ensure sufficient time to prepare your application. Following selection of duplication in the delivery of services your application, requests for applicants, but before awards are made, by organizations and communities, and application kits can be made HUD staff are available to assist in allows for delivery of a wider more immediately following publication of clarifying or confirming information integrated array of services, thereby the SuperNOFA. The SuperNOFA that is a prerequisite to the offer of an resulting in more efficient use of HUD Information Center opens for business award or Annual Contributions Contract funds to more effectively serve a greater simultaneously with the publication of (ACC) by HUD. number of those most in need of HUD the SuperNOFA. Satellite Broadcasts. HUD will hold assistance. The SuperNOFA Information Center information broadcasts via satellite for Changes Made in the SuperNOFA (1–800–HUD–8929) can provide you potential applicants to learn more about Process for FY 2000 with assistance, application kits, and the programs in this SuperNOFA and guidance in determining which HUD preparation of the applications. For Addition of Section 8 Housing Office(s) should receive a copy of your more information about the date and Voucher Assistance for Certain application. Persons with hearing or time of the broadcast, you should Initiatives. In the FY 2000 SuperNOFA, speech impairments may call the consult the HUD web site at http:// HUD adds three NOFAs that provide Center’s TTY number at 1–800–HUD– www.hud.gov. Section 8 housing voucher funding for 2209. Additionally, you can obtain persons with disabilities under the information on this SuperNOFA and INTRODUCTION TO THE FY 2000 following initiatives: (1) Mainstream application kits for this SuperNOFA SUPERNOFA housing opportunities for persons with through the HUD web site on the HUD’S FY 2000 SUPERNOFA disabilities (Mainstream Housing); (2) Internet at http://www.hud.gov. PROCESS rental assistance for non-elderly persons Consolidated Application with disabilities related to certain types Submissions. If you, the applicant, Background of Section 8 project-based developments would like to apply for funding under This year marks the third year that and Section 202, 221(d)(3) and Section more than one program in this HUD is issuing a SuperNOFA for almost 236 developments (Certain SuperNOFA, you need only submit one all of its competitive grant programs, Developments); and (3) rental assistance originally signed SF–424 and one set of and the first year, as further discussed for non-elderly persons with disabilities original signatures for the other below, that HUD has added to the in support of designated housing plans standard assurances and certifications, SuperNOFA its announcements of (Designated Housing). Although in prior accompanied by the matrix that is funding availability for Section 8 years, these NOFAs were published provided in each application kit. As housing voucher assistance for certain independently of the SuperNOFA, HUD long as you submit one originally signed initiatives. The SuperNOFA approach, believes that the inclusion in this set of these documents with an in which the great majority of HUD’s SuperNOFA of funding for Mainstream application, you need only submit competitive funds are announced in one Housing Opportunities for Persons with copies of these documents with any document, is designed to simplify the Disabilities is especially helpful for additional application you submit. Your application process, bring consistency nonprofit organizations coordinating application should identify the program and uniformity to the application and housing assistance proposals for persons for which you have submitted the selection process, and accelerate the with disabilities under the Section 811 original signatures for the standard availability of funding. Equally Program of Supportive Housing for assurances and certifications. important, the SuperNOFA approach is Persons with Disabilities. (Please note

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9324 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices that the notices of funding availability certification requirement remains. The will need to fully complete your for Section 8 Family Self-Sufficiency certification is part of the Standard application. Application kits have been Program Coordinators, and Section 8 Form for Assurances. For Non- prepared and will also be available after voucher assistance for Fair Share Construction Programs that form is SF– publication of this SuperNOFA, but the Allocation of Incremental Voucher 424B; for Construction Programs, the inclusion of application forms in this Funding are not part of the SuperNOFA form is SF–424D. publication minimizes the possibility of but will be published in the near Program Changes. The main any delay in timely completion and future.) difference between the FY 2000 submission of applications. Encouraging Participation in Certain SuperNOFA and the FY 1999 Organization of the SuperNOFA Policy Initiatives. In addition to the SuperNOFA are the programs that policy initiatives for which HUD comprise the SuperNOFA. As noted The SuperNOFA is divided into two encouraged applicant participation in earlier, the SuperNOFA adds three new major sections. The General Section of the FY 1999 SuperNOFA, HUD adds funding availability announcements that the SuperNOFA describes the two additional initiatives to this year’s provide Section 8 voucher funding for procedures and requirements applicable SuperNOFA. They are: specified persons. to all applications. The Programs (1) Partnership for Advancing Programs that are no longer included Section of the SuperNOFA describes Technology in Housing. President in the SuperNOFA are HUD’s each program that is part of this Clinton officially launched the Comprehensive Improvement SuperNOFA. For each program, the Partnership for Advancing Technology Assistance Program (CIAP) and Public Programs Section describes the eligible in Housing (PATH) on May 4, 1998, in Housing Drug Elimination Program applicants, eligible activities, factors for Los Angeles, California, during ground- (PHDEP), which now distribute funds award, and any additional requirements breaking ceremonies for 186 energy- through formula. (CIAP funds will or limitations that apply to the program. efficient, moderately priced homes. eventually become part of HUD’s new Please read carefully both the General HUD’s FY 2000 SuperNOFA encourages Capital Fund Program, which also will Section and the Programs Section of the this partnership. PATH is discussed in be distributed by formula.) HUD’s SuperNOFA for the program(s) for more detail in Section VI of the General Multifamily Drug Elimination Program which you are applying. Your careful Section of this SuperNOFA. and the New Approach Anti-Drug reading will ensure that you apply for (2) Bridging the Digital Divide. Program remain part of the SuperNOFA. program funding for which your Bridging the Digital Divide is an Additionally, this FY 2000 SuperNOFA organization is eligible to receive funds initiative whose objective is to provide includes Public Housing Drug and that you fulfill all the requirements access to computers to low- and Elimination Technical Assistance for for that program(s). moderate-income families and children Safety and Security. As part of the simplification of this who do not have access and therefore HUD’s Tenant Opportunities Program funding process, and to avoid may be disadvantaged with respect to (TOP) and Economic Development duplication of effort, the SuperNOFA education, work and training Supportive Services Program (EDSS) provides for consolidated applications opportunities. The Bridging the Digital have been replaced by a new program— for several of the programs that are part Divide Initiative is discussed in more the Resident Opportunities and Self- of this SuperNOFA. HUD programs that detail in Section VI of the General Sufficiency (ROSS) Program. provide assistance for, or complement, Section of this SuperNOFA. In this FY 2000 SuperNOFA, in similar activities (for example, the Civil Rights/Fair Housing Compliance addition to the Hispanic Serving Continuum of Care programs and CPD Certification. Applicants familiar with Institutions Assisting Communities Technical Assistance programs) have a the HUD SuperNOFA may note that the Program, there is also funding for the consolidated application that reduces certification that the applicant will Alaska Native/Native Hawaiian the administrative and paperwork comply with the requirements of the Institutions Assisting Communities burden applicants would otherwise Fair Housing Act and civil rights and Program. encounter in submitting a separate nondiscrimination statutes has been HUD’s Healthy Homes Initiative that application for each program. The removed from the list of required forms, was published as a separate NOFA in Program Chart in this introductory certifications and assurances. Although FY 1999, is part of the FY 2000 section of the SuperNOFA identifies the HUD has removed the independent SuperNOFA. programs that have been consolidated certification for compliance with fair Inclusion of Application Forms. HUD and for which a consolidated housing and civil/rights is including with this publication of the application is made available to eligible nondiscrimination requirements, the SuperNOFA the application forms you applicants.

VerDate 162000 23:29 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9325

As noted earlier in this Introduction statutory requirements and differences (1) HUD recaptures funds (either for to the FY 2000 SuperNOFA, HUD is applicable to the specific programs. programs for which funding already providing copies of the application Please pay careful attention to the reflects recaptured funds or other forms in this publication. The standard individual program requirements that programs for which funding does not forms, certifications and assurances are identified for each program. Note reflect recaptured funds), or (2) other applicable to all programs, or the great that not all applicants are eligible to funds become available for any program, majority of programs, in the receive assistance under all programs HUD reserves the right to increase the SuperNOFA follow the General Section identified in this SuperNOFA. available funding amount for a program as Appendix B. The forms and any by the additional amounts that become The Programs of This SuperNOFA and additional certifications and assurances available. the Amount of Funds Allocated that are unique to the individual The chart also includes the program will follow that program The programs that are part of this application due date for each program, section of the SuperNOFA. SuperNOFA are identified in the chart the OMB approval number for the The specific statutory and regulatory below. The approximate available funds information collection requirements requirements of the programs that are for each program are based on contained in the specific program, and part of this SuperNOFA continue to appropriated funds, and for some the Catalog of Federal Domestic apply to each program. The SuperNOFA programs, the available funding include Assistance (CFDA) number. will identify, where necessary, the funds already recaptured. In the event: BILLING CODE 4210±32±P

VerDate 162000 23:29 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9326 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00006 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9327

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00007 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9328 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00008 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9329

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00009 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9330 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00010 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9331

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00011 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9332 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00012 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9333

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00013 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9334 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

BILLING CODE 4210±32±C

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00014 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9335

Paperwork Reduction Act Statement. apply for more than one program with activities and projects. In addition (with The information collection requirements a single application. the exception of the Section 202 and in this SuperNOFA have been approved (3) Promote comprehensive Section 811 programs) HUD may by the Office of Management and approaches to housing and community eliminate the ineligible activities from Budget (OMB) under the Paperwork development. Through the SuperNOFA funding consideration and reduce the Reduction Act of 1995 (44 U.S.C. 3501– process, HUD encourages you, the grant amount accordingly. 3520). The chart shown above provides applicant, to focus on the (B) Threshold Requirements. (1) the OMB approval number for each interrelationships that exist in a Compliance with Fair Housing and Civil program that is part of this SuperNOFA. community and in HUD’s funding Rights Laws. With the exception of Where the chart notes that an OMB programs, and to build community-wide Federally recognized Indian tribes, all number is pending, this means that efforts that coordinate the resources of applicants and their subrecipients must HUD has submitted the information to multiple applicants and programs. To comply with all Fair Housing and civil OMB to obtain an approval number and successfully address community needs rights laws, statutes, regulations and HUD’s request for the number is and solve community problems, and to executive orders as enumerated in 24 pending. As soon as HUD receives the take advantage of existing resources, CFR 5.105(a). If you are a Federally approval number, the number will be HUD encourages members of a recognized Indian tribe, you must published in the Federal Register and community to join together and pool all comply with the nondiscrimination provided to the SuperNOFA available resources in a common, provisions enumerated at 24 CFR Information Center. Under the coordinated effort. By making all of 1000.12. Paperwork Reduction Act, an agency HUD’s competitive funding available in If you, the applicant— may not conduct or sponsor, and a one document, HUD allows you, the (a) Have been charged with a systemic person is not required to respond to, a applicant, to be able to relate the violation of the Fair Housing Act by the collection of information unless the activities proposed for funding under Secretary alleging ongoing collection displays a valid control this SuperNOFA to the community’s discrimination; number. Consolidated Plan and Analysis of (b) Are a defendant in a Fair Housing Impediments to Fair Housing Choice. Act lawsuit filed by the Department of General Section of the SuperNOFA (C) Funding Available. As noted in Justice alleging an ongoing pattern or I. Authority; Purposes of the FY 2000 the Introduction Section to the practice of discrimination; or SuperNOFA; Funding Available; SuperNOFA, the HUD programs that are (c) Have received a letter of Eligible Applicants and Eligible part of this SuperNOFA are allocated noncompliance findings under Title VI, Activities amounts based on appropriated funds. If Section 504, or Section 109— HUD recaptures funds in any program, HUD will not rate and rank your (A) Authority. HUD’s authority for HUD reserves the right to increase the application under this SuperNOFA if making funding under this SuperNOFA available funding amounts by the the charge, lawsuit, or letter of findings is the Fiscal Year 2000 Department of amount of funds recaptured. has not been resolved to the satisfaction Veterans Affairs and Housing and Urban (D) Eligible Applicants and Eligible of the Department before the application Development and Independent Agencies Activities. The Programs Section of the deadline stated in the individual Appropriations Act, 2000 (Pub.L. 106– SuperNOFA describes the eligible program NOFA. HUD’s decision 74, 113 Stat. 1047, approved October 20, applicants and eligible activities for regarding whether a charge, lawsuit, or 1999) (FY 2000 HUD Appropriations each program. a letter of findings has been satisfactorily resolved will be based Act). Generally, the authority is not II. Requirements and Procedures upon whether appropriate actions have repeated in the individual program Applicable to All Programs sections of this SuperNOFA. The been taken to address allegations of authority provision of the program Except as may be modified in the ongoing discrimination in the policies sections identify additional laws and Programs Section of this SuperNOFA, or practices involved in the charge, regulations that authorize the or as noted within the specific lawsuit, or letter of findings. requirements listed for the funding provisions of this Section II, the (2) Other Threshold Requirements. competitions that make up this requirements, procedures and principles The program section for the funding for SuperNOFA. listed below apply to all programs that which you are applying may specify are part of this SuperNOFA. Please be (B) Purposes. The purposes of this other threshold requirements. sure to read the Programs Section of the SuperNOFA are to: Additional threshold requirements may SuperNOFA for additional requirements be identified in the discussion of (1) Make funding available to or information. ‘‘eligibility’’ requirements in the empower communities and residents. (A) Statutory Requirements. To be program section. The funding made available by this eligible for funding under this (C) Additional Nondiscrimination SuperNOFA will assist community SuperNOFA, you, the applicant, must Requirements. You, the applicant and leaders and residents, particularly low- meet all statutory and regulatory your subrecipients, must comply with and moderate-income residents, in requirements applicable to the program the Americans with Disabilities Act of using HUD funds to develop viable or programs for which you are seeking 1990 (42 U.S.C. 1201 et seq.), and Title communities and provide decent funding. If you need copies of the IX of the Education Amendments Act of housing for all citizens, without program regulations, they are available 1972 (20 U.S.C. 1681 et seq). discrimination. from the SuperNOFA Information (D) Affirmatively Furthering Fair (2) Simplify the application process Center or through the Internet at the Housing. Unless otherwise specified in for funding under HUD programs. This HUD web site located at http:// the Programs Section of this year’s SuperNOFA continues to provide www.hud.gov. Among the reasons that SuperNOFA, if you are a successful a single, uniform set of rating factors HUD may find an application ineligible applicant, you will have a duty to and submission requirements. This to receive further funding consideration affirmatively further fair housing. Again, year’s SuperNOFA also allows, as did is if the activities or projects proposed except as may be provided otherwise in last year’s, for you, the applicant, to in the application are not eligible the Programs Section of this

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00015 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9336 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

SuperNOFA, you, the applicant, should • Youthbuild Program; • Standard Form for Budget include in your application or work • Rural Housing and Economic Information-Construction Programs (SF– plan the specific steps that you will take Development Program; 424C), as applicable; to: • Continuum of Care Homeless • Standard Form for Assurances— (1) Address the elimination of Assistance Programs; Non-Construction Programs (SF–424B) impediments to fair housing that were • Housing Opportunities for Persons or identified in the jurisdiction’s Analysis with AIDS (HOPWA); • Standard Form for Assurances— of Impediments (AI) to Fair Housing • Section 202 Supportive Housing for Construction Programs (SF–424D), as Choice; the Elderly Program; applicable; Drug-Free Workplace (2) Remedy discrimination in • Section 811 Supportive Housing for Certification (HUD–50070); housing; or Persons with Disabilities Program; • Certification of Payments to (3) Promote fair housing rights and More information is available on Influence Federal Transaction (HUD– fair housing choice. Section 3 at the following website— 50071) and if engaged in lobbying, the Further, you, the applicant, have a www.hud.gov/fhe/sec3over.html. Disclosure Form Regarding Lobbying duty to carry out the specific activities (F) Relocation. Any person (including (SF–LLL); (Tribes and tribally provided in your responses to the individuals, partnerships, corporations designated housing entities (TDHEs) SuperNOFA rating factors that address or associations) who moves from real established by an Indian tribe as a result affirmatively furthering fair housing. property or moves personal property of the exercise of the tribe’s sovereign Please see the Programs Section of this from real property directly (1) because power are not required to submit this SuperNOFA for further information. of a written notice to acquire real certification. Tribes and TDHEs (E) Economic Opportunities for Low property in whole or in part, or (2) established under State law are required and Very Low-Income Persons (Section because of the acquisition of the real to submit this certification.) 3). Certain programs in this SuperNOFA property, in whole or in part, for a HUD- • Applicant/Recipient Disclosure/ require recipients of assistance to assisted activity is covered by Federal Update Report (HUD–2880); comply with section 3 of the Housing relocation statute and regulations. • Certification Regarding Debarment and Urban Development Act of 1968, 12 Specifically, this type of move is and Suspension (HUD–2992). This is U.S.C. 1701u (Economic Opportunities covered by the acquisition policies and the certification required by 24 CFR for Low and Very Low-Income Persons procedures and the relocation 24.510. (The provisions of 24 CFR part in Connection with assisted Projects) requirements of the Uniform Relocation 24 apply to the employment, and the HUD regulations at 24 CFR part Assistance and Real Property engagement of services, awarding of 135, including the reporting Acquisition Policies Act of 1970, as contracts, subgrants, or funding of any requirements subpart E of this part. amended (URA), and the implementing recipients, or contractors or Section 3 requires recipients to ensure governmentwide regulation at 49 CFR subcontractors, during any period of that, to the greatest extent feasible, part 24. The relocation requirements of debarment, suspension, or placement in training, employment and other the URA and the governmentwide ineligibility status, and a certification is economic opportunities will be directed regulations cover any person who required.) to (1) low and very low income persons, moves permanently from real property • Certification of Consistency with particularly those who are recipients of or moves personal property from real the EZ/EC Strategic Plan (HUD–2990) (if government assistance for housing and property directly because of applicable); (2) business concerns which provide rehabilitation or demolition for an • Certification of Consistency with economic opportunities to low-and very activity undertaken with HUD the Consolidated Plan (HUD–2991) (if low-income persons. As noted in the assistance. applicable). Programs Section of this SuperNOFA, (G) Forms, Certifications and Copies of these standard forms follow Section 3 is applicable to the following Assurances. You, the applicant, are this General Section of the SuperNOFA. programs: required to submit signed copies of the Copies of forms that are particular to an • Historically Black Colleges and standard forms, certifications, and individual program, follow the funding Universities (HBCU); • assurances listed in this section, unless information for that program. Hispanic-Serving Institutions the requirements in the Programs Also included in the Appendix B to Assisting Communities (HSIAC); • Section specify otherwise. Also, the this General Section is the Funding Alaska Native/Native Hawaiian Programs Section may specify Application for the Section 8 Housing Institutions Assisting Communities additional forms, certifications, Choice Voucher Program (HUD–52515) (AN/NHIAC) • assurances or other information that and the Acknowledge of Application Lead-Based Paint Hazard Control; Receipt (HUD 2993). • Healthy Homes Initiative; may be required for a particular program • HOPE VI Public Housing in this SuperNOFA. These forms are available at the HUD As part of HUD’s continuing efforts to Revitalization and Demolition; website at www.hudclips.org. • Public Housing Drug Elimination improve the SuperNOFA process, (H) OMB Circulars and Technical Assistance for Safety and several of the required standard forms Governmentwide Regulations Security; have been simplified this year. The • New Approach Anti-Drug Program; standard forms, certifications, and Applicable to Grant Programs. Certain • Multifamily Housing Drug assurances are as follows: OMB circulars also apply to programs in Elimination Program; • Standard Form for Application for this SuperNOFA. The policies, • Resident Opportunity and Self- Federal Assistance (SF–424) (which guidance, and requirements of: OMB Sufficiency Program; includes civil rights/fair housing Circular No. A–87 (Cost Principles • Economic Development Initiative certification); Applicable to Grants, Contracts and (EDI); • Federal Assistance Funding Matrix, Other Agreements with State and Local • Brownfields Economic HUD–424M; Governments); OMB Circular A–21 Development Initiative (BEDI); • Standard Form for Budget (Cost Principles for Education • Self-Help Homeownership Information—Non-Construction Institutions) OMB Circular No. A–122 Opportunity Program (SHOP); Programs (SF–424A) or (Cost Principles for Nonprofit

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00016 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9337

Organizations); OMB Circular A–133 regulation published at 5 CFR part 2635. determine whether it meets all of the (Audits of States, Local Governments, As a result, if you have assisted or plan threshold requirements described in and Non-Profit Organizations); and the to assist applicants with preparing Section II(B), above. Only if your regulations in 24 CFR part 84 (Grants applications for this SuperNOFA, you application meets all of the threshold and Agreements with Institutions of may not serve on a selection panel and requirements will it be eligible to be Higher Education, Hospitals, and other you may not serve as a technical advisor rated and ranked. Non-Profit Organizations) and 24 CFR to HUD for this SuperNOFA. All (C) Factors for Award Used to part 85 (Administrative Requirements individuals involved in rating and Evaluate and Rate Applications. For for Grants and Cooperative Agreements ranking this SuperNOFA, including each program that is part of this to State, Local, and Federally recognized experts and consultants, must avoid SuperNOFA, the points awarded for the Indian tribal governments) — may apply conflicts of interest or the appearance of rating factors total 100. Depending upon to the award, acceptance and use of conflicts. Individuals involved in the the program for which you the applicant assistance under the programs of this rating and ranking of applications must seek funding, the program may provide SuperNOFA, and to the remedies for disclose to HUD’s General Counsel or for up to four bonus points as provided noncompliance, except when HUD’s Ethics Law Division the in paragraphs (1) and (2) of this Section inconsistent with the provisions of the following information if applicable: how III(C). FY 2000 HUD Appropriations Act, other the selection or non-selection of any Federal statutes or the provisions of this applicant under this SuperNOFA will (1) Bonus Points. The SuperNOFA SuperNOFA. Compliance with affect the individual’s financial provides for the award of up to two additional OMB Circulars or interests, as provided in 18 U.S.C. 208; bonus points for eligible activities/ governmentwide regulations may be or how the application process involves projects that the applicant proposes to specified for a particular program in the a party with whom the individual has be located in federally designated Programs Section of the SuperNOFA. a covered relationship under 5 CFR Empowerment Zones (EZs), Enterprise Copies of the OMB Circulars may be 2635.502. The individual must disclose Communities (ECs), Urban Enhanced obtained from EOP Publications, Room this information prior to participating in Enterprise Communities (EECs), or 2200, New Executive Office Building, any matter regarding this SuperNOFA. If Strategic Planning Communities and Washington, DC 10503, telephone (202) you have questions regarding these serve the residents of these federally 395–7332 (this is not a toll free number) provisions or if you have questions designated areas, and are certified to be or from the website at http:// concerning a conflict of interest, you consistent with the strategic plan of www.whitehouse.gov/omb/grants/ may call the Office of General Counsel, these federally designated references. index.html#circulars. Ethics Law Division, at 202–708–3815 (For ease of reference in the (I) Environmental Requirements. If and ask to speak to one of HUD’s SuperNOFA, these federally designated you become a grantee under one of the attorneys in this division. areas are collectively referred to as programs in this SuperNOFA that assist ‘‘EZs/ECs’’ and residents of these physical development activities or III. Application Selection Process federally designated areas as EZ/EC property acquisition, you are generally (A) Rating Panels. To review and rate residents.) 1 The application kit contains prohibited from acquiring, your applications, HUD may establish a certification which must be completed rehabilitating, converting, leasing, panels. These panels may include for the applicant to be considered for repairing or constructing property, or persons not currently employed by EZ/EC bonus points. A list of the EZs, committing or expending HUD or non- HUD. HUD may include these non-HUD ECs, EECs and Strategic Planning HUD funds for these types of program employees to obtain certain expertise Communities is available from the activities, until one of the following has and outside points of view, including SuperNOFA Information Center, occurred: views from other Federal agencies. through the HUD web site at http:// (1) HUD has completed an (1) Rating. HUD will evaluate and rate www.hud.gov, and is attached to this environmental review in accordance all applications for funding that meet General Section of the SuperNOFA as with 24 CFR part 50; or (2) For programs the threshold requirements and rating Appendix A–2. subject to 24 CFR part 58, HUD has factors for award described in this In the BEDI competition, two bonus approved a grantee’s Request for Release SuperNOFA. The rating of you, as the points are available for federally of Funds (HUD Form 7015.15) following ‘‘applicant,’’ or of your organization, designated Brownfields Show Case a Responsible Entity’s completion of an ‘‘the applicant’s organization and staff,’’ Communities. (Please see BEDI section environmental review. for technical merit or threshold of this SuperNOFA for additional You, the applicant, should consult the compliance will include any sub- information). A listing of the federally Programs Section of the SuperNOFA for contractors, consultants, sub-recipients, designated EZs, ECs, and Enhanced ECs the applicable program to determine the and members of consortia which are and Brownfields Showcase procedures for, timing of, and any firmly committed to the project. Communities is available from the exclusions from environmental review (2) Ranking. HUD will rank applicants SuperNOFA Information Center, or under a particular program. For within each program (or, for Continuum applicants applying for funding under of Care applicants, across the three 1 On December 21, 1994, President Clinton and the Sections 202 or 811 Programs, programs identified in the Continuum of Vice President Gore designated 72 urban areas and please note the environmental review Care section of this SuperNOFA). HUD 33 rural communities as Empowerment Zones or requirements for these programs. will rank applicants only against other Enterprise Communities. These designated areas (J) Conflicts of Interest. If you are a applicants that applied for the same receive more than $1.5 billion in performance grants and more than $2.5 billion in tax incentives. consultant or expert who is assisting program funding. Where there are set- On August 5, 1997, President Clinton signed the HUD in rating and ranking applicants asides within a program competition, Taxpayers Relief Act of 1997 which established a for funding under this SuperNOFA, you you, the applicant, will compete against second round of designations for 15 new are subject to 18 U.S.C. 208, the Federal only those applicants in the same set- Empowerment Zones. Round II designees were announced in December 1998. Strategic Planning criminal conflict of interest statute, and aside competition. Communities are HUD designations that ranked the Standards of Ethical Conduct for (B) Threshold Requirements. HUD competitively in the Round II competition but were Employees of the Executive Branch will review your application to not selected for EZ designation.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00017 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9338 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices through the HUD web site on the HUD with requested information, an V. Corrections to Deficient Applications Internet at http://www.hud.gov. award will not be made to that After the application due date, HUD (2) Court-Ordered Consideration. For applicant. In this instance, HUD may may not, consistent with its regulations any application submitted by the City of offer an award to the next highest in 24 CFR part 4, subpart B, consider Dallas, Texas, for funds under this ranking applicant, and proceed with any unsolicited information you, the SuperNOFA for which the City of Dallas negotiations with the next highest applicant, may want to provide. HUD is eligible to apply, HUD will consider ranking applicant. may contact you, however, to clarify an (E) Adjustments to Funding. (1) HUD the extent to which the strategies or item in your application or to correct reserves the right to fund less than the plans in the city’s application or technical deficiencies. You should note, full amount requested in your applications will be used to eradicate however, that HUD may not seek application to ensure the fair the vestiges of racial segregation in the clarification of items or responses that distribution of the funds and to ensure Dallas Housing Authority’s low income improve the substantive quality of your housing programs. The City of Dallas that the purposes of a specific program are met. (2) HUD will not fund any response to any selection factors. In should address the effect, if any, that order not to unreasonably exclude vestiges of racial segregation in Dallas portion of your application that is not eligible for funding under specific applications from being rated and Housing Authority’s low income ranked, HUD may, however, contact housing programs have on potential program statutory or regulatory requirements; which does not meet the applicants to ensure proper completion participants in the programs covered by of the application and will do so on a this NOFA, and identify proposed requirements of this SuperNOFA or which may be duplicative of other uniform basis for all applicants. actions for remedying those vestiges. Examples of curable (correctable) HUD may add up to 2 points to the funded programs or activities from previous years’ awards or other selected technical deficiencies include your score based on this consideration. This failure to submit the proper special consideration results from an applicants. Only the eligible portions of your application (including non- certifications or your failure to submit order of the U.S. District Court for the an application that contains an original Northern District of Texas, Dallas, duplicative portions) may be funded. (3) If funds remain after funding the signature by an authorized official. In Division. (This Section III(C)(2) is each case, HUD will notify you in limited to applications submitted by the highest ranking applications, HUD may fund part of the next highest ranking writing by describing the clarification or City of Dallas.) technical deficiency. HUD will notify (3) The Five Standard Rating Factors. application in a given program. If you, the applicant, turn down the award applicants by facsimile or by return Additional details about the five rating receipt requested. You must submit factors listed below, and the maximum offer, HUD will make the same determination for the next highest clarifications or corrections of technical points for each factor, are provided in deficiencies in accordance with the the Programs Section of the ranking application. If funds remain after all selections have been made, information provided by HUD within 14 SuperNOFA. You, the applicant, should calendar days of the date of receipt of carefully read the factors for award as remaining funds may be available for other competitions for each program the HUD notification. (If the due date described in the Programs Section of falls on a Saturday, Sunday, or Federal the SuperNOFA. HUD has established where there is a balance of funds. (4) In the event HUD commits an error holiday, your correction must be these five factors as the basic factors for that, when corrected, would result in received by HUD on the next day that award in every program that is part of selection of an otherwise eligible is not a Saturday, Sunday, or Federal this SuperNOFA. For a specific HUD applicant during the funding round of holiday.) If your deficiency is not program, however, HUD may have this SuperNOFA, HUD may select that corrected within this time period, HUD modified these factors to take into applicant when sufficient funds become will reject your application as account specific program needs, or available. incomplete, and it will not be statutory or regulatory limitations (F) Performance and Compliance considered for funding. (Note that the imposed on a program. The standard Actions of Grantees. HUD will measure Sections 202 and 811 Programs provide factors for award, except as modified in and address the performance and for appeal of rejection of an application the program area section are: compliance actions of grantees in on technical deficiency. Please see the Factor 1: Capacity of the Applicant and accordance with the applicable Programs Sections for these programs Relevant Organizational Staff standards and sanctions of their for additional information and Factor 2: Need/Extent of the Problem respective programs. instructions.) Factor 3: Soundness of Approach Factor 4: Leveraging Resources IV. Application Submission VI. Promoting Comprehensive Factor 5: Comprehensiveness and Requirements Approaches to Housing and Community Coordination The application submission Development The Continuum of Care Homeless requirements are specified in the (A) General. HUD believes the best Assistance Programs have only two Programs Section of this SuperNOFA. approach for addressing community factors that receive points: Need and As discussed in the Introduction problems is through a community-based Continuum of Care. Section of this SuperNOFA, part of the process that provides a comprehensive (D) Negotiation. After HUD has rated simplification of this SuperNOFA response to identified needs. This and ranked all applications and has funding process is to reduce the Section VI of the General Section of the made selections, HUD may require, duplication of effort that has been SuperNOFA describes important depending upon the program, that all required of applicants in the past. As initiatives that applicants should be winners participate in negotiations to the Program Chart above shows, the FY aware of. determine the specific terms of the grant 2000 SuperNOFA provides, as did the (B) Linking Program Activities with agreement and budget. In cases where previous SuperNOFAs, for consolidated AmeriCorps. You are encouraged to link HUD cannot successfully conclude applications for several of the programs your proposed activities with negotiations with a selected applicant or for which funding is available under AmeriCorps, a national service program a selected applicant fails to provide this SuperNOFA. engaging thousands of Americans on a

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00018 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9339 full or part-time basis to help the extent eligible under specific analysis to incorporate the specific communities address their toughest programs) that promote healthy homes, technologies appropriate to the type of challenges, while earning support for or that promote education on what is a construction and climate. More college, graduate school, or job training. healthy home. These activities may information about PATH is available at For information about AmeriCorps, call include, but are not limited to, the the following website— the Corporation for National Service at following: educating homeowners or www.pathnet.org/about/about.html. (202) 606–5000, or visit the AmeriCorps renters about the need to protect (G) Bridging the Digital Divide. website at www.cns.gov/americorps. children in their home from dangers Bridging the Digital Divide is an (C) Linking Program Activities with that can arise from items such as curtain initiative whose objective is to provide USDA. In this year’s SuperNOFA, HUD cords, electrical outlets, hot water, access to computers to low and is working with the Department of poisons, fire, and sharp table edges, moderate income families and children Agriculture (USDA) to provide technical among others; incorporating child safety who do not have access and therefore assistance to public housing authorities measures in the construction, may be disadvantaged with respect to to develop a natural resource rehabilitation or maintenance of education, work and training stewardship program to enhance the housing, which include but are not opportunities. HUD encourages natural environment through activities limited to: child safety latches on applicants to incorporate education and such as tree planting, creating green cabinets, hot water protection devices, job training opportunities through spaces in areas devoid of vegetation and proper ventilation and moisture control initiatives such as HUD’s Neighborhood protecting areas from erosion and storm to protect from mold, window guards to Networks and Twenty/20 Education water runoff. Further information about protect children from falling, proper communities in their programs. this initiative can be found on the U.S. pest management to prevent (1) Neighborhood Networks. The Forest Service website at www.fs.fed/us/ cockroaches which can trigger asthma, Neighborhood Networks Initiative research/rvur/urban/urbanforestry/ and activities directed to control of lead- enhances the self-sufficiency, urbanforest.htm. based paint hazards. The National Lead employability and economic self- (D) Encouraging Visitability in New Information Hotline is 1–800–424–5323, reliance of low-income families and the Construction and Substantial and information is also available at the elderly living in HUD insured and HUD Rehabilitation Activities. In addition to following website—www.hud.gov/ assisted properties by providing them applicable accessible design and hhchild.html. with on-site access to computer and construction requirements, you are (F) Participation in PATH. If you are training resources. More information encouraged to incorporate visitability applying for funds that may be utilized about Neighborhood Networks is standards where feasible in new for construction or rehabilitation, HUD available at the following website— construction and substantial encourages participation in the www.hud.gov/nnw/nnwindex.html. rehabilitation projects. Visitability President Clinton’s Partnership for (2) The Twenty/20 Education standards allow a person with mobility Advancing Technology in Housing Communities Initiative. This initiative impairments access into the home, but (PATH). PATH’s goal is to achieve (formerly known as Campus of Learners) do not require that all features be made dramatic approvement in the quality of is designed to transform public housing accessible. Visitability means at least American housing by the year 2010. into safe and livable communities where one entrance at grade (no steps), PATH promotes leaders from the home families undertake training in new approached by an accessible route such building, product manufacturing, telecommunications and computer as a sidewalk; the entrance door and all insurance and financial industries and technology and partake in educational interior passage doors are at least 2 feet representatives from federal agencies opportunities and job training 10 inches wide, allowing 32 inches of dealing with housing issues to work initiatives. clear passage space. A visitable home together to spur housing design and VII. Findings and Certifications also serves persons without disabilities, construction innovations. PATH has a such as a mother pushing a stroller, or FY 2000 budget of $10 million. PATH (A) Environmental Impact. A Finding a person delivering a large appliance. will provide technical support in design of No Significant Impact with respect to Copies of the Uniform Federal and cost analysis of advance the environment has been made in Accessibility Standards (UFAS) are technologies to be incorporated in accordance with HUD regulations at 24 available from the SuperNOFA project construction. CFR part 50 that implement section Information Center (1–800–HUD–8929 Applicants should see 102(2)(C) of the National Environmental or 1–800–HUD–2209 (TTY)) and also www.pathnet.org/about/about.html on Policy Act of 1969 (42 U.S.C. 4332). The from the Office of Fair Housing and the Internet for more information, the Finding of No Significant Impact is Equal Opportunity, U.S. Department of list of technologies, latest PATH available for public inspection during Housing and Urban Development, Room Newsletter, results from field regular business hours in the Office of 5230, 451 Seventh Street, SW, demonstrations and PATH projects. the General Counsel, Regulations Washington, DC 20410, telephone (202) Applicants are encouraged to employ Division, Room 10276, U.S. Department 755–5404 or the TTY telephone number, PATH technologies to exceed prevailing of Housing and Urban Development, 1–800–877 8399 (Federal Information national building practices by: reducing 451 Seventh Street, SW, Washington, Relay Service). costs; improving durability; increasing DC 20410–0500. (E) Developing Healthy Homes. HUD’s energy efficiency; improving disaster (B) Executive Order 13132, Healthy Homes Initiative is one of the resistance; improving energy; and Federalism. Executive Order 13132 initiatives developed by the White reducing environmental impact. (entitled ‘‘Federalism’’) prohibits, to the House Task Force on Environmental HUD’s objective is to select projects extent practicable and permitted by law, Health Risks and Safety Risks to funded under this SuperNOFA which an agency from promulgating policies Children that was established under demonstrate high potential that have federalism implications and Executive Order 13045 (‘‘Protection of opportunities for application of PATH either impose substantial direct Children from Environmental Health technologies. HUD will provide compliance costs on State and local Risks and Safety Risks’’). HUD technical assistance in the form of governments and are not required by encourages the funding of activities (to architectural, engineering and financial statute, or preempt State law, unless the

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00019 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9340 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices relevant requirements of section 6 of the January 14, 1992 (57 FR 1942), HUD (E) Section 103 HUD Reform Act. Executive Order are met. This published a notice that also provides HUD’s regulations implementing section SuperNOFA does not have federalism information on the implementation of 103 of the Department of Housing and implications and does not impose section 102. The documentation, public Urban Development Reform Act of 1989 substantial direct compliance costs on access, and disclosure requirements of (42 U.S.C. 3537a), codified in 24 CFR State and local governments or preempt section 102 apply to assistance awarded part 4, subpart B, apply to this funding State law within the meaning of the under this SuperNOFA as follows: competition. The regulations continue Executive Order. (1) Documentation and public access to apply until the announcement of the (C) Prohibition Against Lobbying requirements. HUD will ensure that selection of successful applicants. HUD Activities. You, the applicant, are documentation and other information employees involved in the review of subject to the provisions of section 319 regarding each application submitted applications and in the making of of the Department of Interior and pursuant to this SuperNOFA are funding decisions are limited by the Related Agencies Appropriation Act for sufficient to indicate the basis upon regulations from providing advance Fiscal Year 1991, 31 U.S.C. 1352 (the which assistance was provided or information to any person (other than an Byrd Amendment), which prohibits denied. This material, including any authorized employee of HUD) recipients of Federal contracts, grants, letters of support, will be made concerning funding decisions, or from or loans from using appropriated funds available for public inspection for a 5- otherwise giving any applicant an unfair for lobbying the executive or legislative year period beginning not less than 30 competitive advantage. Persons who branches of the Federal Government in days after the award of the assistance. apply for assistance in this competition connection with a specific contract, Material will be made available in should confine their inquiries to the grant, or loan. You are required to accordance with the Freedom of subject areas permitted under 24 CFR certify, using the certification found at Information Act (5 U.S.C. 552) and part 4. Appendix A to 24 CFR part 87, that you HUD’s implementing regulations in 24 will not, and have not, used CFR part 15. Applicants or employees who have appropriated funds for any prohibited (2) Disclosures. HUD will make ethics related questions should contact lobbying activities. In addition, you available to the public for 5 years all the HUD Ethics Law Division at (202) must disclose, using Standard Form applicant disclosure reports (HUD Form 708–3815. (This is not a toll-free LLL, ‘‘Disclosure of Lobbying 2880) submitted in connection with this number.) For HUD employees who have Activities,’’ any funds, other than SuperNOFA. Update reports (update specific program questions, the Federally appropriated funds, that will information also reported on Form employee should contact the be or have been used to influence 2880) will be made available along with appropriate field office counsel, or Federal employees, members of the applicant disclosure reports, but in Headquarters counsel for the program to Congress, and congressional staff no case for a period less than 3 years. which the question pertains. regarding specific grants or contracts. All reports—both applicant disclosures VIII. The FY 2000 SuperNOFA Process Tribes and tribally designated housing and updates—will be made available in and Future HUD Funding Processes entities (TDHEs) established by an accordance with the Freedom of Indian tribe as a result of the exercise of Information Act (5 U.S.C. 552) and Each year, HUD strives to improve its the tribe’s sovereign power are excluded HUD’s implementing regulations at 24 SuperNOFA. The FY 2000 SuperNOFA from coverage of the Byrd Amendment, CFR part 5. was revised based on comments but tribes and TDHEs established under (3) Publication of Recipients of HUD received during the FY 1999 funding State law are not excluded from the Funding. HUD’s regulations at 24 CFR process. HUD continues to welcome statute’s coverage.) 4.7 provide that HUD will publish a comments and feedback from applicants (D) Section 102 of the HUD Reform notice in the Federal Register on at least and other members of the public on how Act; Documentation and Public Access a quarterly basis to notify the public of HUD may further improve its Requirements. Section 102 of the all decisions made by the Department to competitive funding process. Department of Housing and Urban provide: Development Reform Act of 1989 (42 (i) Assistance subject to section 102(a) The description of programs for U.S.C. 3545) (HUD Reform Act) and the of the HUD Reform Act; or which funding is available under this regulations codified in 24 CFR part 4, (ii) Assistance that is provided SuperNOFA follows. subpart A, contain a number of through grants or cooperative Dated: February 11, 2000. provisions that are designed to ensure agreements on a discretionary (non- Saul N. Ramirez, Jr., greater accountability and integrity in formula, non-demand) basis, but that is Deputy Secretary. the provision of certain types of not provided on the basis of a assistance administered by HUD. On competition. BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00020 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9341

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00021 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9342 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00022 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9343

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00023 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9344 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00024 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9345

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00025 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9346 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00026 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9347

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00027 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9348 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00028 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9349

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00029 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9350 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00030 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9351

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00031 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9352 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00032 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9353

BILLING CODE 4210±32±C

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00033 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9354 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

APPENDIX A–2—LIST OF EZs, ECs, URBAN MN, Minneapolis (EZ–EC) Knoxville, Department of Development, ENHANCED ENTERPRISE COMMUNITIES, Kim W. Havey, Director, Minneapolis P.O. Box 1631, Knoxville, TN 37901, STRATEGIC PLANNING COMMUNITIES Empowerment Zone, 350 South Fifth 865–215–2116 (Phone), 865–215–2962 Street, Minneapolis, MN 55415, 612– (Fax) URBAN EMPOWERMENT ZONES (23) 673–5415 (Phone), 612–673–3724 (Fax) TX, El Paso (EZ–EC) CA, Los Angeles (EZ) MO, St. Louis/E. St. Louis, IL (EZ–EC) Deborah G. Hamlyn, Director, Community David Eder, EZ/EC Program Coordinator, Alicia Smith, St. Louis Development and Human Development, City of El City of Los Angeles EZ/EC Programs, Los Corporation, 1200 Market St., Mayor’s Paso, #2 Civic Center Plaza, 9th Floor, El Angeles Community Development Office, Room 200, St. Louis, MO 63103, Paso, TX 79901–1196, 915–541–4242 Department, 215 West 6th Street, Third 314–622–3201 (Phone), 314–436–7983 (Phone), 915–541–4370 (Fax) Floor, Los Angeles, CA 90014, 213–485– (Fax) VA, Norfolk/Portsmouth (EZ–EC) 2956 (Phone), 213–847–0890 (Fax) NJ, Cumberland County (EZ) David Ollison, Empowerment 2010, 201 CA, Santa Ana (EZ) Gerry Valasquez, Executive Director, Granby Street, Ste. 100A, Norfolk, VA Aldo Schindler, EZ Manager, Community Department of Planning and 23510, 757–624–8650 (Phone), 757–622– Development Agency, PO Box 1988, Development, Cumberland County, 800 4623 (Fax) Santa Ana, CA 92702, 714–647–6507 E. Commerce Street, Bridgeton, NJ WV, Huntington/Ironton, OH (EZ–EC) (Phone), 714–647–6549 (Fax) 08302, 856–453–2177 (Phone), 856–453– Cathy Burns, Executive Director, CT, New Haven (EZ–EC) 9138 (Fax), Huntington WV-Ironton OH Sherri Killins, President/CEO, Empower NY, New York (EZ) (Main Contact) Empowerment Zone, Inc., P.O. Box 1659, New Haven, Inc., 59 Elm St., 4th Floor, Marion Phillips, III, Chief Administrative Huntington, WV 25717, 304–696–5533 Suite 410, New Haven, CT 06510, 203– Officer, New York Empowerment Zone (Phone), 304–696–4465 (Fax) 776–2777 (Phone), 203–776–0537 (Fax) Corporation, 633 3rd Avenue, New York, URBAN ENHANCED ENTERPRISE FL, Miami/Dade County (EZ–EC) NY 10017, 212–803–3239 (Phone), 212– COMMUNITIES (4) Andre Wallace, Miami-Dade 803–3294 (Fax) Empowerment Trust, Inc., 140 West NY, New York (Bronx) CA, Oakland (EEC) Flagler Street, Suite 1107, Miami, FL Maria Canales, Director, Bronx Mahlon Harmon, EEC Coordinator, 33130, 305–372–7620 (Phone), 305–372– Empowerment Zone, Bronx Overall Community and Economic Development 7629 (Fax) Economic Development Corporation, 198 Agency (CEDA), 250 Frank Ogawa Plaza, GA, Atlanta (EZ) East 161st Street, Suite 201, Bronx, NY 3rd Floor, Oakland, CA 94612, 510–238– Joseph Reid, Executive Director, Atlanta EZ 10451, 718–590–6034 (Phone), 718–590– 6204 (Phone), 510–238–2226 (Fax) Corporation, City Hall East, 675 Ponce de 6249 (Fax) KS, Kansas City and MO, Kansas City (EEC) Leon Avenue, Second Floor, Atlanta, GA NY, New York (Upper Manhattan) Marlene Nagel, MARC, 600 Broadway, 300 30308, 404–853–7610 (Phone), 404–853– Jeannine L. Melly, Director of Grants Rivergate Center, Kansas City, MO 7372 (Fax) Management, Upper Manhattan 64105, 816–474–4240 (Phone), 816–421– IL, Chicago (EZ) Empowerment Zone, Development 7758 (Fax) Ronald Carter, Jr., Special Assistant/ Corporation, 290 Lenox Avenue, 3rd MA, BOSTON (EEC) (SEE EZ) Director, City of Chicago, 20 North Clark Floor, New York, NY 10027, 212–410– TX, Houston (EEC) Street, 28th Floor, Chicago, IL 60602, 0030 (Phone), 212–410–9616 (Fax) Judith Butler, Mayor’s Office, 901 Bagby 312–744–9623 (Phone), 312–744–9696 OH, Cincinnati (EZ) Street, City Hall, 4th Floor, Houston, TX (Fax) Susan Paddock, Special Assistant to the 77002, 713–247–2666 (Phone), 713–247– IN, Gary, E. Chicago, Hammond (EZ) City Manager, City of Cincinnati, 801 3985 (Fax) IN, Gary Plum Street, Room 104, Cincinnati, OH Taghi Arshami, Office of Planning & 45202, 513–352–4648 (Phone), 513–352– URBAN ENTERPRISE COMMUNITIES Community Development, 475 2458 (Fax) AL, Birmingham, Broadway, Suite 318, Gary, IN 46402, OH, Cleveland (EZ) Keith Strother, City of Birmingham, 710 N. 219–881–5075 (Phone), 219–881–5085 Valarie McCall, Director, Cleveland 20th Street, City Hall, 3rd Floor, (Fax) Empowerment Zone, 601 Lakeside Birmingham, AL 35203, 205–254–2870 IN, E. Chicago Avenue, City Hall, Room 335, Cleveland, (Phone), 205–254–7741 (Fax) John Artis, Executive Director, City of East OH 44114, 216–664–2804 (Phone), 216– AR, Pulaski County Chicago, Dept. of Redevelopment and 420–8522 (Fax), 216–664–3083 (Direct) Henry McHenry, Pulaski County Enterprise Housing Authority, 4920 Larkspur Drive, OH, Columbus (EZ–EC) Community Alliance, Inc., 400 W. East Chicago, IN 46312, 219–397–9974 Jon Beard, Columbus Compact Markham, Suite 705, Little Rock, AR (Phone), 219–397–4249 (Fax) Corporation, 1000 East Main St., 72201–2424, 501–340–5675 (Phone), IN, Hammond Columbus, OH 43205, 614–251–0926 501–340–5680 (Fax) Allen Kress, City Planner, Hammond City (Phone), 614–251–2243 (Fax) AZ, Phoenix Planning, 649 Conkey Street, Hammond, PA, Philadelphia/NJ, Camden (EZ) Jennifer Harper, Neighborhood Services IN 46324, 219–853–6398 (Phone), 219– Eva Gladstein, Executive Director, City of Department, City of Phoenix, 200 West 853–6334 (Fax) Philadelphia, 1515 Arch Street, l Washington Street, 4th Floor, Phoenix, MA, Boston (EZ–EEC) Parkway, 9th Fl., Philadelphia, PA AZ 85003–1611, 602–262–4730 (Phone), Reginald Nunnally, Executive Director of 19103, 215–683–0462 (Phone), 215–683– 602–534–1555 (Fax) Enhanced EC/Interim Director of EZ, 0493 (Fax) CA, Los Angeles—Huntington Park Boston Empowerment Center, 20 Bryan K. Finnie, Managing Director, David Eder, EZ/EC Program Coordinator, Hampdon St., Roxbury, MA 02119, 617– Camden Empowerment Zone City of Los Angeles EZ/EC Programs, Los 445–3413 (Phone), 617–445–5675 (Fax) Corporation, Hudson Square Complex, Angeles Community Development, MD, Baltimore (EZ) 817 Carpenter Street, Camden, NJ 08102, Department 215 West 6th Street, Third Diane Bell, President & CEO, Empower 856–365–0300 (Phone), 856–365–1058 Floor, Los Angeles, CA 90014, 213–485– Baltimore Management Corporation, 34 (Fax) 2956 (Phone), 213–847–0890 (Fax) Market Pl., Suite 800, Baltimore, MD SC, Sumter/Columbia (EZ) CA, San Diego 21202, 410–783–4400 (Phone), 410–783– Leona Plaugh, Assistant City Manager, City Bonnie Contreras, Enterprise Community 0526 (Fax) of Columbia, Dept. of Community Coordinator, City of San Diego, 202 C MI, Detroit (EZ) Service, 1225 Laurel Street, Columbia, Street, Third Floor, Mail Station 3A, San Denise Gray, Executive Director, SC 29201, 803–733–8313 (Phone), 803– Diego, CA 92101, 619–236–6846 (Phone), Empowerment Zone Development 733–8312 (Fax) 619–236–6512 (Fax) Corporation, 1 Ford Place, Suite 1F, TN, Knoxville (EZ) CA, San Francisco Detroit, MI 48202, 313–872–8050, 313– Jeanette Kelleher, Community Anna Yee, City of San Francisco, San 872–8002 (Fax) Development Administrator, City of Francisco Enterprise Community

VerDate 162000 23:29 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00034 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9355

Program, 25 Van Ness Avenue, Suite Development, City Hall-JFK Civic Center, Sylvia Fettes, 700, San Francisco, CA 94102, 415–252– 50 Arcand Drive, Lowell, MA 01852, Department of Family & Community 3130 (Phone), 415–252–3110 (Fax) 978–446–7239 (Phone), 978–970–4262 Services, CO, Denver (Fax) P.O. Box 1293, Ernest Hughes, Denver Enterprise MA, Springfield Albuquerque, NM 87103, Community Coordinator, Denver Miguel Rivas, Director of Neighborhood 505–768–2932 (Phone), Community Development Agency, 216 Programs, Community Development 505–768–3204 (Fax) 16th Street, Suite 1400, Denver, CO Department, 36 Court Street, Springfield, NV, Las Vegas 80202, 303–640–5726 (Phone), 303–640– MA 01103, 413–750–2240 (Phone), 413– Douglas R. Bell, 7120 (Fax) 787–6027 (Fax) Director, CT, Bridgeport MI, Flint Community Resources Management, Janice Willis, Director, City of Bridgeport Nancy Jurkiewicz, Corporate Resident 500 South Grand Central Parkway, Central Grants Office, 999 Broad St., Agent, Flint Area Enterprise Community, P.O. Box 551601, Bridgeport, CT 06604, 203–332–5662 805 Welch Blvd., Flint, Michigan 48504, Las Vegas, NV 89155–1212, (Phone), 203–332–5657 (Fax) 810–766–7436 ext. 3014 (Phone), 810– 702–455–5025 (Phone), DE, Wilmington 766–7351 (Fax) 702–383–6041 (Fax) James Walker Wilmington Enterprise MI, Muskegon/Muskegon Heights (EC) NY, Albany/Troy/Schenectady Community, Louis L. Redding City/ Cathy Brubaker-Clarke, Director, Anthony Tozzi, County Building, 800 French Street, 9th Department of Community and Enterprise Community Director, Floor, Wilmington, DE 19801, 302–571– Economic Development, P.O. Box 536, Center for Economic Growth, 4472 (Phone), 302–571–4326 (Fax) 933 Terrace St., Muskegon, MI 49443– One Key Corp Plaza, District of Columbia 0536, 231–724–6702 (Phone), 231–724– Suite 600, Kimmarie Jamison, DCECP Coordinator, 6790 (Fax) Albany, NY 12207, 801 N. Capitol St., 6th Floor, MN, St. Paul 518–382–5054 (Phone), Washington, DC 20002, 202–442–7203 Harriet Horwath, 518–382–5275 (Fax) (Phone), 202–442–7089 (Fax) Senior Employment Training Planner, NY, Buffalo FL, Tampa City of St. Paul, Planning and Economic Paula Alcala Rosner, Jeanette LaRussa Fenton, Manager, Ybor Development Executive Director, Service Center, 2105 N. Nebraska 25 West Fourth Street, Federal Enterprise Community of Buffalo, Avenue, Tampa, FL 33602–2529, 813– St. Paul, Minnesota 55102, Inc., 911 City Hall, 274–7959 (Phone), 813–274–7927 (Fax) 651–266–6591 (Phone), Buffalo, NY 14202, GA, Albany 651–228–3314 (Fax) 716–851–5032 (Phone), Julie Duke, City Manager’s Office, P.O. Box MS, Jackson 716–851–4388 (Fax) 447, Albany, GA 31702, 912–431–3234 Roosevelt T. Sanders, NY, Newburgh/Kingston (Phone), 912–431–3223 (Fax) Executive Director, Sharon Hyder, Jackson Urban Enterprise Community IA, Des Moines The Kingston-Newburgh Enterprise Corp., Carol Gathright, City of Des Moines 602 Council, Inc., 62 Grand Street, East First Street, Des Moines, IA 50309, P.O. Box 10353, Newburgh, NY 12550, 515–283–4151 (Phone), 515–237–1713 Jackson, MS 39289 914–569–1680 ext. 102 (Phone), (Fax) 601–949–7879 (Phone), 914–569–1630 (Fax) IL, East St. Louis 601–981–2407 (Fax) NY, Rochester Diane Bonner, Executive Director, CDBG NC, Charlotte Valerie Wheatley, Operations Corporation, 301 River Park Deborah Hazzard, Staff Assistant to the Deputy Mayor, Drive, East St. Louis, IL 62201, 618–482– Neighborhood Development Department, City of Rochester, 6635 ext. 15 (Phone), 618–271–8194 600 East Trade Street, Room 205A, City Hall, (Fax) Charlotte, NC 28202, 30, Church Street, IL, Springfield 704–336–2106 (Phone), Rochester, NY 14614, Jan Sorenson Interim Director, Office of 704–336–2527 (Fax) 716–428–7207 (Phone), Economic Development, 231 South Sixth NE, Omaha 716–428–7901 (Fax) St., Springfield, IL 62701, 217–789–2377 Herb Patten, OH, Akron (Phone), 217–789–2380 (Fax) Enterprise Zone Coordinator, Jerry Egan, IN, Indianapolis Omaha Enterprise Community/Enterprise Department of Planning & Urban Renia Colbert, Project Manager, Div. of Zone, Development, Comm. Development & Financial Blue Lion Centre, 166 South High Street, Services, 200 East Washington, Suite 2421 North 24th St., Akron, OH 44308–1628, 1841, Indianapolis, IN 46204, 317–327– Omaha, NE 68110–2282, 330–375–2090 (Phone), 5869 (Phone), 317–327–5908 (Fax) 402–444–3514 (Phone), 330–375–2387 (Fax) KY, Louisville 402–444–3755 (Fax) OK, Oklahoma City, Carolyn Gatz, Louisville Empowerment NH, Manchester Carl Friend, Zone, NIA Center, 2900 West Broadway, Amanda Parenteau, Oklahoma City Planning Department, Louisville, KY 40211, 502–458–6813 Administrator, 420 West Main Street, Suite 920, (Phone), 502–456–9780 (Fax) Enterprise Community Program, Oklahoma City, OK 73102, LA, New Orleans One City Hall Plaza, Room 110, 405–297–2574 (Phone), Thelma H. French, Executive Assistant to Manchester, NH 03101, 405–297–3796 (Fax) Mayor, Office of Federal and State 603–624–6505 (Phone), OR, Portland Programs, 1300 Perdido Street, Room 603–624–6308 (Fax) Regena S. Warren, 2E04, New Orleans, LA 70112, 504–565– NJ, Newark Multnomah County, 6445 (Phone), 504–565–6423 (Fax) Angela Corbo, 421 SW Sixth Avenue, Suite 200, LA, Ouachita Parish EC Coordinator, Portland, OR 97204, Eric Loewe, Executive Director, Ouachita Department of Administration, 503–248–3691 (Phone), Enterprise Community, P.O. Box 4268, City Hall, Room B–16, 503–248–3379 (Fax) Monroe, LA 71211, 318–329–4031 920 Broad Street, PA, Harrisburg (Phone), 318–329–4034 (Fax) Newark, NJ 07102, Terri Martini, MA, Lowell 973–733–4331 (Phone), Director, Susanne Beaton, EC Program Manager, 973–733–3769 (Fax) Department of Building and Housing Department of Planning and NM, Albuquerque Development,

VerDate 162000 23:29 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00035 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9356 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

City of Harrisburg, Suite 206, Paul Johnson, WA, Tacoma 10 North Second Street, Metropolitan Development and Housing Dr. Shirl E. Gilbert II, Executive Director, Harrisburg, PA 17101, Agency, Tacoma Empowerment Consortium, 717–255–6408 (Phone), 701 South Sixth Street, 1101 Pacific Avenue, Tacoma, WA 717–255–6421 (Fax) Nashville, TN 37206, 98402, 253–274–1288 (Phone), 253–274– PA, Pittsburgh 615–252–8543 (Phone), 1289 (Fax) Joan Blaustein, 615–252–8559 (Fax) WI, Milwaukee Manager, Special Projects, TX, Dallas Glen Mattison, Enterprise Community City Planning Dept., Mark Obeso, Fund Development Manager, Program Officer, City of Milwaukee, City of Pittsburgh, City of Dallas, 1500 Marilla, 2B North, Community Block Grant Administration, 200 Ross Street, 4th Floor, Dallas, TX 75201, 214–670–4897 200 East Wells Street, City Hall, Room Pittsburgh, PA 15219, (Phone), 214–670–5798 (Fax) 606, Milwaukee, WI 53202, 414–286– 412–255–2206 (Phone), TX, San Antonio 3760 (Phone), 414–286–5003 (Fax) 412–255–2838 (Fax) Curley Spears, San Antonio EZ/EC RI, Providence Coordinator, 419 South Main St., Suite URBAN STRATEGIC PLANNING Kim Rose, 200, San Antonio, TX 78204, 210–207– COMMUNITIES (15) Enterprise Community Project Director, 6605 (Phone), 210–886–0006 (Fax) AK, Anchorage The Providence Plan, TX, Waco Karen Mathis, Director of Community 56 Pine Street, Suite 3B, George Johnson, Jr., Assistant City Planning & Development, Municipality Providence, RI 02903, Manager, City of Waco, Office of of Anchorage, P.O. Box 196650, 401–455–8880 (Phone), Economic Development, 300 Austin Anchorage, AK 99519–6650, 907–343– 401–331–6840 (Fax) Avenue, Waco, TX 76701–2570, 254– 4303 (Phone), 907–343–4220 (Fax) SC, Charleston/N. Charleston 750–5640 (Phone), 254–750–5880 NY, Brooklyn Geona Shaw Johnson, (Direct), 254–750–5880 (Fax) George Glatter, Executive Director, City of Coordinator, UT, Ogden New York, Department of Business Enterprise Community Program, Karen Thurber, Ogden City Neighborhood Services, 110 William Street, 3rd Floor, Department of Housing and Community Development, 2484 Washington New York, NY 10038, 212–513–6442 Development, Boulevard, Suite 211, Ogden, UT 84401, (Phone), 212–618–8987 (Fax) City of Charleston, 801–629–8943 (Phone), 801–629–8902 AL, Birmingham (See EC) 75 Calhoun Street, 3rd Floor, (Fax) AR, Little Rock/N. Little Rock (See EC) Charleston, SC 29401, VT, Burlington KS/MO, Kansas City, KS/Kansas City, MO 843–973–7285 (Phone), Maria Vaivao, EC Coordinator, Office of (see EEC) 843–720–3836 (Fax) Community & Economic Development, KY, Louisville (See EC) TN, Memphis City Hall, Room 32, Burlington, VT LA, New Orleans (See EC) Joseph C. Gibbs, Economic Development 05401, 802–865–7182 (Phone), 802–865– MS, Jackson (See EC) Coordinator, 7024 (Fax) NV, Las Vegas/N. Las Vegas (see EC) Memphis Technical Assistance & Resource WA, Seattle NJ, Newark/Elizabeth (See EC) Center (MTARC), Ben Wolters, Senior Community RI, Providence (See EC) 555 Beale Street, Development Specialist, City of Seattle, SC, Charleston/N. Charleston (See EC) Memphis, TN 38103–3297, Office of Economic Development, Seattle TX, San Antonio (See EC) 901–526–9300 ext.109 (Phone), Municipal Building, Room 205, Seattle, VT, Burlington/Plattsburgh, NY (see EC) 901–525–2357 (Fax) WA 98104–1826, 206–684–8591 (Phone), WA, Tacoma/Lakewood (See EC) TN, Nashville 206–684–0379 (Fax) BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00036 Fmt 4701 Sfmt 4703 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9357

Appendix B This appendix to the General Section of the SuperNOFA contains the standard forms, certifications and assurances used by the majority if not all of the programs that are part of the SuperNOFA. Also included in this appendix is Form HUD–52515, Funding Application, required for the Section 8 voucher assistance funding announcement. These forms are found on the following pages.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00037 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9358 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00038 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9359

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00039 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9360 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00040 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9361

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00041 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9362 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00042 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9363

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00043 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9364 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00044 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9365

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00045 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9366 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00046 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9367

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00047 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9368 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00048 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9369

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00049 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9370 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00050 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9371

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00051 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9372 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00052 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9373

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00053 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9374 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00054 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9375

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00055 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9376 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00056 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9377

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00057 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9378 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00058 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9379

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00059 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9380 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00060 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9381

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00061 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9382 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00062 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9383

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00063 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9384 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00064 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9385

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00065 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9386 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00066 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9387

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00067 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00068 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9389

FUNDING AVAILABILITY FOR housing development and operations, the list of HUD CPD Field Offices COMMUNITY DEVELOPMENT program evaluation and reporting on included in the application kit. TECHNICAL ASSISTANCE (CD–TA) accomplishments; and to build the When submitting your application, PROGRAMS—CHDO, HOME, capacity of nonprofit organizations to please refer to the Community MCKINNEY ACT HOMELESS carry out activities as HOPWA project Development Technical Assistance ASSISTANCE AND HOPWA sponsors. Program. Be sure to include your name, Program Overview Available Funds. Up to $22.74 million mailing address (including zip code), is available for the four CD–TA telephone number (including area code), Purpose of the Program. The purposes programs. and fax number (including area code). of the technical assistance programs in Eligible Applicants. Specific For Application Kits. For an this SuperNOFA are: eligibility requirements for the four CD– application kit and any supplemental CHDO Technical Assistance. To TA programs are found below in Section information, please call the SuperNOFA promote the ability of Community III(C). Forty percent of the CHDO, Information Center at 1–800–HUD– Housing Development Organizations 8929. Persons with hearing or speech (CHDOs) to maintain, rehabilitate and HOME and McKinney Act Homeless impairments may call the Center’s TTY construct housing for low-income and Assistance technical assistance funds is number at 1–800–HUD–2209. When moderate-income families; facilitate the limited to qualified providers who have requesting an application kit, please education of low-income homeowners not previously received a CPD technical refer to ‘‘Community Development and tenants; and help women who assistance award. This limitation is not Technical Assistance Programs or CD– reside in low- and moderate-income applicable to HOPWA technical TA.’’ Please be sure to provide your neighborhoods to rehabilitate and assistance. name, address (including zip code), construct housing in these Application Deadline. May 19, 2000. telephone number (including area code), neighborhoods. Match. None. and fax number (including area code). HOME Technical Assistance. To help ADDITIONAL INFORMATION HOME participating jurisdictions design For Further Information and and implement HOME programs, If you are interested in applying for Technical Assistance. You may contact including: improving their ability to funding under this program, please the HUD CPD Office serving your area design and implement housing review carefully the General Section of at the telephone number listed in the strategies and incorporate energy this SuperNOFA and the following list of HUD CPD Field Offices included efficiency into affordable housing; additional information. in the application kit, or you may contact Penny McCormack at 202–708– facilitating the exchange of information I. Application Due Date, Application to help participating jurisdictions carry 3176, x4391 in HUD Headquarters. Kits, Further Information, and Information on this SuperNOFA also out their programs; facilitating the Technical Assistance establishment and efficient operation of may be obtained through the HUD web employer-assisted housing programs Application Due Date. Submit your site on the Internet at http:// and land bank programs; and completed applications (an original and www:HUD.gov. encouraging private lenders and for- one copy) on or before 12:00 midnight, Satellite Broadcast. HUD will hold an profit developers of low-income housing Eastern time, on May 19, 2000, at the information broadcast via satellite for to participate in public-private address shown below. potential applicants to learn more about partnerships. The original application that you the program and preparation of the McKinney Act Homeless Assistance submit to Headquarters is considered application. For more information about Programs Technical Assistance. To the official application. Send a copy of the date and time of the broadcast, you provide applicants, potential applicants, your application on or before the should consult the HUD web site at grantees, and project sponsors for application deadline date to the HUD http://www.hud.gov. McKinney Act funded Emergency CPD Field Office(s) in which you are II. Amount Allocated Shelter Grants, Supportive Housing seeking to provide services. Only one Program, Section 8 Moderate application per applicant is permitted; (A) The amounts allocated for each Rehabilitation Single Room Occupancy however, one application can include as CD–TA program are as follows: and Shelter Plus Care projects with few as one or as many as all four CD– CHDO TA funds: up to $8,000,000 Total technical assistance to promote the TA programs. $3,200,000 Single State development of housing and supportive See the General Section of this $4,800,000 Multi-State services as part of the Continuum of SuperNOFA for specific procedures HOME TA funds: up to $9,000,000 Care approach, including innovative governing the form of application McKinney Act Homeless Assistance approaches to assist homeless persons submission (e.g., mailed applications, Programs TA funds: up to $4,000,000 in the transition from homelessness, and express mail, overnight delivery, or HOPWA TA funds: up to $1,740,000 to enable them to live as independently hand carried). (B) Each HUD/CPD Field Office has as possible. Addresses for Submitting been allocated a ‘‘fair-share’’ of CD–TA Housing Opportunities for Persons Applications. HUD Headquarters. Your funds for purposes of this competition, with AIDS (HOPWA). To train HOPWA completed application consists of one except for the HOPWA TA funds which grantees, project sponsors, and potential original application and one copy. will be awarded only through a national recipients of program funds in Submit your original application to competition (see CD–TA Appendix A comprehensive housing strategies and HUD Headquarters, U.S. Department of for the fair share allocations). The responsive area programs that assist Housing and Urban Development, CPD amounts are based on allocations of residents who are living with HIV/AIDS; Processing and Control Branch, Room HOME and McKinney Act Homeless in the sound management of HOPWA 7251, 451 Seventh Street, SW, Assistance formula funds and programs to support program operations Washington, DC 20410. competitive programs for which Field in an efficient and effective manner, Copy to Field Office. Send a copy of Offices have management oversight. including undertaking community the application to the appropriate CPD These amounts are only for guidance consultations, program planning, Field Office(s) at the address shown on purposes for you to develop your

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00069 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9390 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices program budgets by Field Office receive cost-effective support from a previous award, or to incorporate the jurisdiction and are not the exact CD–TA provider. In selecting applicants remaining activities from the previous amounts to be awarded to you in each for funding, in addition to the rating award into the new agreement, adjusting area. factors, HUD will apply program policy the funding levels as necessary. HUD will determine the total amount criteria identified in Section V of this (C) Eligible Applicants. (1) General. to be awarded to any provider based CD–TA Program section of SuperNOFA The eligible applicants for each of the upon the size and needs of the to select a range of providers and four CD–TA programs are listed in provider’s service area within each activities that would best serve program paragraphs (2), (3), (4) and (5) of this Field Office jurisdiction in which the objectives for each program serviced by Section (C). This paragraph (1) lists provider is selected to operate, the the CD–TA funded under this requirements applicable to all funds available for that area, the number SuperNOFA. applicants. of other awardees selected in that area, (a) Many organizations are eligible to and the scope of the technical assistance III. Program Description; Program apply for more than one CD–TA to be provided. Additionally, HUD may Award Period; Eligible Applicants; program and are encouraged to do so to reduce the amount of funds allocated for Eligible Activities; and Sub-Grants/Pass the extent they have the requisite Field Office jurisdictions to fund Through Funds experience, expertise and capability. national CD–TA providers and other (A) Program Description. Up to $22.74 (b) All applicant organizations must CD–TA providers for activities which million in technical assistance (TA) have demonstrated ability to provide cannot be budgeted or estimated by funds is available from four separate CD–TA in a geographic area larger than Field Office jurisdiction. HUD may technical assistance programs: a single city or county and must propose require selected applicants, as a Community Housing Development to serve an area larger than a single city condition of funding, to provide Organization (CHDO) TA, HOME TA, or county. coverage on a geographically broader McKinney Act Homeless Assistance TA, (c) An organization may not provide basis than applied for in order to and HOPWA TA (collectively ‘‘CD– assistance to itself, and any organization supplement or strengthen the TA’’). funded to assist CHDOs under this CD– intermediary network in terms of the The funding of these four CD–TA TA Program section of the SuperNOFA location (service area), types and scope programs through a single funding may not act as a CHDO itself within its of technical assistance proposed. availability announcement will not service area while under award with (C) In order to reach new technical affect the ability of eligible applicants to HUD. assistance providers in the HOME, seek CD–TA funding. Eligible applicants (d) A consortium of organizations may CHDO and McKinney Act Homeless are able to apply for funding under as apply for one or more CD–TA programs, Assistance program areas, 40% of the few as one, and as many as four, but HUD will require that one funds in each of these three program separate CD–TA programs, individually organization be designated as the legal areas within a Field Office (or at the or collectively, singularly or in applicant, where legally feasible. Where national level) will be awarded to combination. The specific provisions of one organization cannot be so applicants who have not previously the four separate CD–TA programs have designated for all proposed activities, been funded under a CPD technical not been changed. This Community HUD may execute more than one assistance competition. Therefore, Development Technical Assistance cooperative agreement with the approximately $3.6 million will be Programs section of the SuperNOFA members of a consortium. However, in awarded to new providers in HOME; reflects the statutory requirements and general HUD will not award more than $3.2 million in CHDO; and $1.6 million differences in the four different CD–TA one cooperative agreement per in McKinney Act Homeless Assistance. programs. application unless necessary due to With respect to CHDO funds, 40% of the (B) Program Award Period. (1) legal requirements. total funds (single state and multi-state Cooperative Agreements will be for a (e) All applicants must meet combined) are earmarked for new period of up to 36 months. HUD, minimum statutory eligibility providers. If qualified new applicants however, reserves the right to: requirements for each CD–TA program are not found in each program area in (a) Terminate awards in accordance for which they are chosen in order to be each Field Office and/or at the national with provisions contained in OMB awarded a cooperative agreement. level, the remaining funds will be made Circular A–102, and 24 CFR parts 84 Copies of the Technical Assistance available for previously funded and 85 anytime after 12 months; program regulations will be provided providers. The reverse also is true. (b) Withdraw funds from a specific with the application kit. (D) To the extent permitted by provider, if HUD determines that the (f) All eligible CD–TA providers may funding constraints, HUD intends to urgency of need for the assistance is propose assistance using in-house staff, provide coverage for as full a range as greater in other Field Office consultants, sub-contractors and sub- possible, of eligible CD–TA activities of jurisdictions or the need for assistance recipients, networks of private each CD–TA program in each Field is not commensurate with the award for consultants and/or local organizations Office jurisdiction. To achieve this assistance; with requisite experience and objective, HUD will fund the highest (c) Extend the performance period of capabilities. Whenever possible, ranking providers that bring the individual awardees up to a total of 12 applicants should make use of technical required expertise in one or more additional months. assistance providers located in the Field specialized activity areas, and fund (2) In cases where an applicant Office jurisdiction receiving services. portions of providers’ proposed selected for funding under this CD–TA This draws upon local expertise and programs in which they have the program section of the SuperNOFA persons familiar with the opportunities greatest skill and capability for given currently is providing CD technical and resources available in the area to be geographic areas or on a national basis. assistance under an existing CD–TA served while reducing travel and other HUD also may require national, multi- grant/cooperative agreement, HUD costs associated with delivering the jurisdictional, or other providers to reserves the right to adjust the start date proposed technical assistance services. provide coverage to Field Office of funding under this program to (g) All applicants must meet the jurisdictions which cannot otherwise coincide with the conclusion of the applicable threshold requirements of

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00070 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9391

Section II(B) of the General Section of (a) Organizational Support— such women develop nontraditional the SuperNOFA. Organizational support assistance may skills, recruiting women to participate (2) McKinney Act Homeless be made available to community in such programs, providing continuing Assistance Programs TA Eligible housing development organizations to support for women at job sites, Applicants. cover operational expenses and to cover counseling and educating businesses (a) States, units of general local expenses for training and technical, regarding suitable work environments government, and public housing legal, engineering and other assistance for women, providing information to authorities. to the board of directors, staff, and such women regarding opportunities for (b) Public and private non-profit or members of the community housing establishing small housing construction for-profit groups, including educational development organization; and rehabilitation businesses, and institutions and area-wide planning (b) Housing Education—Housing providing materials and tools for organizations, qualified to provide education assistance may be made training such women (in an amount not technical assistance on McKinney Act available to community housing exceeding 10% of any assistance Homeless Assistance projects. development organizations to cover provided under this paragraph). HUD (3) CHDO TA Eligible Applicants. expenses for providing or administering shall give priority under this paragraph Public and private non-profit programs for educating, counseling, to providing technical assistance for intermediary organizations that organizing homeowners and tenants organizations rehabilitating single customarily provide services (in more who are eligible to receive assistance family or multifamily housing owned or than one community) related to under other provisions of the HOME controlled by HUD pursuant to title II of affordable housing or neighborhood Program; the National Housing Act and which revitalization to CHDOs, or similar (c) Program-Wide Support of have women members in occupations in organizations that engage in community Nonprofit Development and which women constitute 25% or less of revitalization, including all eligible Management—Technical assistance, the total number of workers in the organizations under section 233 of the training, and continuing support may be occupation (in this section referred to as Cranston-Gonzalez National Affordable made available to eligible community ‘‘nontraditional occupations’’). Housing Act, as amended. housing development organizations for (2) HOME Technical Assistance. HUD HUD will consider an intermediary as managing and conserving properties will provide assistance to: a primarily single State technical developed under the HOME Program; (a) Facilitate the exchange of assistance provider if it can document (d) Benevolent Loan Funds— information that would help that more than 50% of its past activities Technical assistance may be made participating jurisdictions carry out the in working with CHDOs or similar available to increase the investment of purposes of the HOME statute, nonprofit and other organizations (on private capital in housing for very low- including information on program the production of affordable housing or income families, particularly by design and accessibility, housing revitalization of deteriorating encouraging the establishment of finance, land use controls, and building neighborhoods and/or the delivery of benevolent loan funds through which construction techniques; technical assistance to these groups) private financial institutions will accept (b) Improve the ability of States and was confined to the geographic limits of deposits at below-market interest rates units of local government to design and a single State. and make those funds available at implement housing strategies, (4) HOME TA Eligible Applicants. favorable rates to developers of low- particularly those States and units of (a) A for-profit or non-profit income housing and to low-income local government that are relatively professional and technical services homebuyers; inexperienced in the development of company or firm that has demonstrated (e) Community Development Banks affordable housing; capacity to provide technical assistance and Credit Unions—Technical (c) Encourage private lenders and for- services; assistance may be made available to profit developers of low-income housing (b) A HOME participating jurisdiction establish privately owned, local to participate in public-private (PJ) or agency thereof; community development banks and partnerships to achieve the purposes of (c) A public purpose organization credit unions to finance affordable the HOME statute; responsible to the chief elected official housing; (d) Improve the ability of States and of a PJ and established pursuant to State (f) Community Land Trusts— units of local government, community or local legislation; Organizational support, technical (d) An agency or authority established housing development organizations, assistance, education, training and by two or more PJs to carry out activities private lenders, and for-profit continuing support under this consistent with the purposes of the developers of low-income housing to subsection may be made available to HOME program; incorporate energy efficiency into the (e) A national or regional non-profit community land trusts (as such term is planning, design, financing, organization that has membership defined in section 233(f) of the construction and operation of affordable comprised predominantly of entities or Cranston-Gonzalez National Affordable housing; officials of entities of PJs or PJs’ agencies Housing Act) and to community groups (e) Facilitate the establishment and or established organizations. for the establishment of community efficient operation of employer-assisted (5) HOPWA TA Eligible Applicants. land trusts; and housing programs, through research, (a) Non-profit organizations; and (g) Facilitating Women in technical assistance, and demonstration (b) States and units of general local Homebuilding Professions—Technical projects; and government. assistance may be made available to (f) Facilitate the establishment and (D) Eligible Activities. Eligible businesses, unions, and organizations efficient operation of land bank activities as appropriate for each of the involved in construction and programs, under which title to vacant four CD–TA programs are listed below: rehabilitation of housing in low- and and abandoned parcels of real estate (1) CHDO Technical Assistance. moderate-income areas to assist women located in or causing blighted CHDO Technical Assistance funds may residing in the area to obtain jobs neighborhoods is cleared for use be used only for the following eligible involving such activities, which may consistent with the purposes of the activities: include facilitating access by helping HOME statute.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00071 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9392 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(3) McKinney Act Homeless (ii) State, local, and community have little or no experience in meeting Assistance Programs Technical planning through such activities as: the housing needs of persons living with Assistance. Funds are available to (A) Advising on the coordination of HIV/AIDS. It is intended that this provide technical assistance to housing with health-care and other collaborative approach will meet the McKinney Act funded Homeless related supportive services for eligible HOPWA TA goal of providing for sound Assistance projects. Funds may be used persons; management of HOPWA programs, to provide technical assistance to (B) Assisting in developing projects, or potential applicants. prospective applicants, applicants, collaborations with local, State and HOPWA TA providers seeking funds recipients or other providers (project Federal agencies that administer HIV/ to work with organizations targeting sponsors) of McKinney Act funded AIDS-related programs, including underserved populations must further housing and supportive services for programs funded under the Ryan White the HOPWA TA national goal of Sound homeless persons. The assistance may CARE Act; Management by addressing the include, but is not limited to, written (C) Creating or linking to existing following. information such as papers, manuals, needs assessments of the area’s housing (i) Addressing the management and guides and brochures; person-to-person needs of persons living with HIV/AIDS operation of organizations serving exchanges; on-site assessments and and their families; underserved populations by: provision of technical expertise; and (D) Creating or linking to (A) Helping organizations reach training and related costs. comprehensive multiple-year HIV/AIDS underserved populations in areas that (4) HOPWA Technical Assistance. For housing plans that are undertaken in lack housing and health care the purposes of this CD–TA program collaboration with local, State and infrastructure; and section of the SuperNOFA, HOPWA federal programs including the Ryan (B) Improving organizational capacity technical assistance shall mean the White CARE Act programs; and to develop, operate, manage, and transfer to HOPWA grantees and project (E) Creating or linking to existing evaluate housing assistance programs sponsors and potential recipients of plans that address specialized needs of for underserved persons living with program funds, the skills and clients, including assistance for clients HIV/AIDS. knowledge needed to develop, operate with serious mental illness, chronic (ii) Addressing State, local, and and support HOPWA-eligible projects alcohol and other drug abuse issues, and community planning affecting and activities. homelessness. underserved populations by: An applicant for HOPWA TA funds (iii) Program evaluation through such (A) Assisting less experienced must propose activities on a national activities as: organizations serving underserved basis, a regional basis (e.g., serving a (A) Advising on data collection and populations to become involved in multi-state area) or within a State or program evaluation; and existing state, local, and community community. The application should (B) Developing and providing planning addressing the housing and emphasize how activities will advise program handbooks, guidance materials, related supportive service needs of and train communities and project audio/visual products, training, and persons living with HIV/AIDS; and sponsors in undertaking program other activities to promote good (B) Addressing community needs— planning, community consultations, management practices. assisting organizations to address the unmet needs of underserved housing development and operations, • National Goal—Targeting Resources populations in state, local, and coordination with related health-care to Underserved Populations and other supportive services, and community planning processes. The Department has been advised by (iii) Addressing program evaluation of evaluation and reporting on program persons living with HIV/AIDS, HIV/ projects serving underserved performance. The Department has AIDS housing providers, and national populations by: established the following national goals organizations, of the continuing (A) Advising on data collection and for HOPWA TA projects: disparity in accessing health-care and program evaluation serving underserved • National Goal—Sound Management HIV/AIDS treatment among underserved populations; of HOPWA Programs and Projects populations, such as, racial and ethnic (B) Disseminating information on data HOPWA TA funds can be used to minority populations, women, and collection outcomes and program help to strengthen the management, persons living in rural areas. In an effort evaluations to increase knowledge of operation, and capacity of grantees, to meet this continuing need and model programs serving the housing project sponsors, and potential diversify the number and type of needs of underserved populations; and applicants to ensure that organizations organizations that have traditionally (C) Providing program handbooks, use funds in a manner that upholds the received HOPWA funding, the guidance materials, audio/visual public trust in the operation of Department is encouraging that HOPWA products, training, and other activities programs. To achieve this goal, HOPWA TA funds be used to build to promote good management practices TA can be used in the following areas: collaborations between HOPWA of organizations targeting underserved (i) Management and operations grantees, project sponsors, and/or populations. through such activities as: potential grantees to enhance the Note: All assistance provided to targeted (A) Advising on management provision of housing assistance and underserved communities must be in practices to ensure responsive, efficient related supportive services to better accordance with the requirements of the Fair and cost effective facility and program serve underserved populations on a Housing Act. operations; national, regional, or local level. For the purposes of the HOPWA TA (B) Advising on fiscal management to Collaborations may pair organizations portion of this NOFA, underserved ensure accountability in the use of that are experienced in developing or populations are defined as low-income funds; and operating housing facilities and housing populations living with HIV/AIDS and (C) Assisting projects in using the assistance programs with organizations their families, such as racial or ethnic Department’s information technology, that provide services or use culturally- minority groups, women, persons living financial systems and information sensitive efforts to reach persons in in rural areas, or other underserved management systems. underserved communities, but may groups as determined by your service

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00072 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9393 area, whose housing and related service each HUD Field Office within whose are expected to be knowledgeable about needs are not currently being met in jurisdiction you are operating. When so the range of services available from your service area. To meet this directed by a Field Office, you will other providers, make referrals and definition of an underserved coordinate your activities instead arrange visits by other CD–TA providers population, you must present reliable through a lead CD–TA provider or other when appropriate, and carry out CD–TA statistics and data sources (i.e., Census, organization designated by the Field activities concurrently when it is cost- health department statistics, research, Office. effective and in the interests of the scientific studies, Consolidated Plan, (b) If selected as the lead CD–TA client to do so. HUD Field Offices may and Continuum of Care documentation), provider in any Field Office direct CD–TA providers to conduct joint showing the unmet need in the jurisdiction, as an awardee you must activities. provision of housing and supportive coordinate the activities of other CD–TA (3) Technical Assistance Delivery Plan services for the identified underserved providers selected under this CD–TA (TADP). population. HUD will consider your Program section of the SuperNOFA (a) After selection for funding but presentation of statistics and data under the direction of the HUD Field prior to award, you must develop a sources based on soundness and Office. Joint activities by CD–TA TADP for each Field Office jurisdiction reliability and the specificity of providers may be required. or National Program for which you have information to the underserved (c) Under the demand/response been selected, in consultation with the population and the area to be served. system, CD–TA providers will be Field office and/or GTR. (E) Sub-Grants/Pass-Through Funds. required to: (b) In developing the TADP, you must Applicants may propose to make sub- (i) When requested by a Field Office follow the Field Office’s Business grants to achieve the purposes of their or Government Technical Operating Plan (BOP) and management proposed CD–TA programs in Representative (GTR), market the strategies/workplans for each accordance with program requirements availability of their services to existing community/State in the Field Office’s in Section IV of this CD–TA Program and potential clients to include local jurisdiction. You must use these BOP/ section of the SuperNOFA. In the case jurisdictions in which the assistance management strategies/workplans in of CHDO TA, these sub-grants (also will be delivered. determining your priority work called ‘‘pass-through’’ funds) may be (ii) Respond to requests for assistance activities, location of activities, and made for eligible activities and to from the HUD Field Office(s) with organizations to be assisted during the eligible entities as identified in Section oversight of the geographic service area cooperative agreement performance 233(b)(1), (2), and (7) of the Cranston- for which the technical assistance will period. Gonzalez National Affordable Housing be delivered, including responding to (c) The BOP/grantee management Act. When CHDO TA sub-grants are priorities established by the Field Office strategies/workplans are part of the made to CHDOs, two statutory in its Grants Management System. Field Office’s Grants Management provisions apply: CHDOs, HOME PJs, and McKinney Act Process (GMP) and should indicate the (1) The sub-grant amount, when Homeless Assistance grantees may issues to be addressed by CD–TA, the combined with other capacity building request assistance from the CD–TA improved performance expected as a and operating support available through provider directly, but such requests result of CD–TA, and methods for the HOME program, cannot exceed the must be approved by the local HUD measuring the success of the CD–TA. greater of 50% of the CHDO’s operating Field Office. (d) The TADP must delineate all the budget for the year in which it receives (iii) When requested by a Field Office tasks and sub-tasks for each CD program the funds, or $50,000 annually; or GTR, conduct a Needs Assessment to the applicant will undertake in each (2) An amount not exceeding 10% of identify the type and nature of the Field Office jurisdiction. The TADP the total funds awarded for the ‘‘Women assistance needed by the recipients of must show the location of the in the Homebuilding Professions’’ the assistance. These needs assessments community/State in which the CD–TA eligible activity may be used to provide should typically identify the nature of activities will occur, the level of CD–TA materials and tools for training such the problem to be addressed by the funding and proposed activities by women. technical assistance services; the plan of location, the improved program action to address the need including the performance or other results expected IV. Program Requirements type of technical assistance services to from the CD–TA and the methodology In addition to the program be provided, the duration of the service, to be used for measuring the success of requirements listed in the General the staff assigned to provide the the CD–TA. A time schedule for Section of this SuperNOFA, applicants assistance, anticipated products and/or delivery of the activities, budget are subject to the following outcomes, and the estimated cost for the summary, budget-by-task and staffing requirements: provision of services; and the plan must be included in the TADP. (A) Program Requirements for CHDO, relationship of the proposed services to (4) Negotiation. After all applications HOME and McKinney Act Homeless the planned or expected Consolidated have been rated and ranked and a Assistance. Plan submission to HUD and to other selection has been made, HUD requires (1) Profit/Fee. No increment above technical assistance providers providing that all winners participate in cost, no fee or profit, may be paid to any service within the locality. negotiations to determine the specific recipient or subrecipient of an award (iv) Obtain approval for the Technical terms of the TADP and the budget. HUD under this CD–TA Program section of Assistance Delivery Plan (TADP) from will follow the negotiation procedures the SuperNOFA. the HUD Field Office(s) with oversight described in Section III(D) of the (2) Demand/Response Delivery for the area in which service will be General Section of the SuperNOFA. System. provided. (See Section 3 below). (5) Forms, Certifications and (a) As an awardee, you must operate (v) Work cooperatively with other Assurances. You must submit with your within the structure of the demand/ CD–TA providers in their geographic application the forms, certifications and response system described in this areas to ensure that clients are provided assurances listed in the General Section section. You must coordinate your plans with the full range of CD–TA services of this SuperNOFA. After selection for with, and operate under the direction of, needed and available. CD–TA providers funding but prior to your providing

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00073 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9394 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices services to a specific community you At a minimum, this reporting will be on single state CHDO set-aside will be must submit the CHDO TA designation a quarterly basis unless otherwise redistributed among the qualified multi- letter (where applicable). specified in the approved TADP. state providers in that Field Office. (6) Financial Management and Audit (10) Active Participation. HUD Field Field Offices also may utilize their Information. After selection for funding Offices will be active participants in the multi-state set-aside for single state but prior to award, you must submit a delivery of all technical assistance by applicants if the reverse is true. certification from an Independent funded providers throughout the term of (13) HOME TA Program Limitations. Public Accountant or the cognizant the cooperative agreement. Pursuant to section 243(b) of the government auditor, stating that your (11) CHDO Pass-Through Funds. CD– Cranston-Gonzalez National Affordable financial management system meets TA providers proposing pass-through Housing Act, funding to any single prescribed standards for fund control grants are required to: eligible HOME TA organization, and accountability required by 24 CFR (a) Establish written criteria for whether as an independent or joint part 84 for Institutions of Higher selection of CHDOs receiving pass- applicant, is limited to not more than Education and other Non-Profit through funds which includes the 20% of the operating budget of the Institutions, 24 CFR part 85 for States following: recipient organization in any one year and local governments, or the Federal (i) Participating jurisdictions (PJs) and is limited to 20% of the funds Acquisition Regulations (for all other must designate the organizations as available under this CD–TA program applicants). The information should CHDOs. section of the SuperNOFA. include the name and telephone number (ii) Generally, the organizations (14) CHDO and HOME National TA of the independent auditor, cognizant should not have been in existence more Program Guidance. With the funds Federal auditor, or other audit agency as than 3 years. designated for a national TA program, applicable. (b) Enter into an agreement with the HUD intends to fund applications (7) Designation for CHDO Technical CHDO that the agreement and pass- which propose activities to support the Assistance Providers. CHDO TA through funding may be terminated at following purposes: providers will be responsible for the discretion of the Department if no (a) CHDO Technical Assistance. To securing a technical assistance written legally binding agreement to promote the ability of Community designation letter from a PJ stating that provide assistance for a specific housing Housing Development Organizations a CHDO or prospective CHDO to be project (for acquisition, rehabilitation, (CHDOs) to own, develop or sponsor assisted by the provider is a recipient or new construction or tenant-based rental housing for low and very-low income intended recipient of HOME funds and assistance) has been made by the PJ families; to facilitate the education of indicating, at its option, subject areas of with the CHDO within 24 months of low-income homebuyers, homeowners assistance that are most important to the receiving the pass-through funding. and tenants; and/or to help women who PJ. (12) CHDO TA Program Limitations. reside in low-income neighborhoods to (8) Training Sessions. When (a) Pursuant to section 233(d)(1) and (2) rehabilitate or construct housing in their conducting training sessions as part of of the Cranston-Gonzalez National communities. Proposals should directly its CD–TA activities, CD–TA providers Affordable Housing Act, funding to any address how the capacity of CHDOs may are required to: single eligible nonprofit intermediary be improved to ensure that HOME funds (a) Design the course materials as organization seeking to provide CHDO are used effectively, efficiently and in ‘‘step-in’’ packages (also called ‘‘train- TA, whether as an independent or joint compliance with the HOME rules to the trainer’’ packages) so that a Field applicant, is limited to the lesser of 20% develop affordable housing. Emphasis Office or other CD–TA provider may of all funds, or an amount not to exceed should be placed on basic skills needed separately give the course on its own; 20% of the organization’s operating to develop, maintain and manage well (b) Arrange for joint delivery of the budget for any one year (not including designed and constructed affordable training with Field Office participation funds sub-awarded or passed through housing over the long term when using when so requested by the Field Office the intermediary to CHDOs). Federal funds. or by the GTR for national grants; and (b) Pursuant to section 233(e), HUD is (b) HOME Technical Assistance. To (c) When requested by a Field Office making available through this CD–TA help HOME participating jurisdictions and/or GTR, provide for professional program section of the SuperNOFA 40% design and implement HOME programs, videotaping of the workshops/courses of the total CHDO TA funds to single including: improving their ability to and ensure their production in a state providers within the Field Offices. design and implement housing professional and high-quality manner, As discussed in Section III(C)(3), CHDO strategies and incorporate energy suitable for viewing by other CD clients Eligible Applicants, to be considered a efficiency into affordable housing, (if this requirement is implemented, single state provider you must be able facilitating the exchange of information additional funds may be requested). to document that 50% of your past to help participating jurisdictions carry (d) When required by HUD, deliver activities working with CHDOs or out their programs; facilitating the HUD-approved training courses that similar nonprofits and other establishment and efficient operation of have been designed and developed by organizations was confined to the employer-assisted housing programs; other HUD contractors or HUD geographic limits of a single state. and/or encouraging private lenders and cooperating parties on a ‘‘step-in’’ basis Therefore, you can be designated a for-profit developers of low-income for CD–TA clients, and send trainers to single state provider in one Field Office housing to participate in public-private HUD-approved Train-the Trainer jurisdiction only and you should so partnerships. Proposals should directly sessions. indicate on your funding matrix address how the capacity of (9) Reports to Field Offices and/or submission. In all other Field Offices in participating jurisdictions may be GTRs. CD–TA providers will be which you are applying for CHDO TA improved to ensure that HOME funds required to report to the HUD Field funding, you are a multi-state provider. are used effectively, efficiently and in Office(s) with oversight of the If there are no single state applicants or compliance with the HOME rules to geographic area(s) in which CD–TA the qualified single state applicants develop affordable housing. Emphasis services are provided or to Headquarters utilize less than the 40% set-aside in a should be placed on the basic skills and GTRs in the case of national providers. given Field Office, that Field Office’s systems needed to develop, maintain

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00074 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9395 and manage well designed and other applicants that have applied for of the provider’s service area within constructed affordable housing over the the same CD–TA program (HOME, each Field Office jurisdiction in which long term when using Federal funds. McKinney Act Homeless Assistance) the provider is selected to operate, the (15) Affirmatively Furthering Fair within each Field Office or as a National funds available for that area, the number Housing. Section II(D) of the General Provider under HOPWA. CHDO of other awardees selected in that area, Section of the SuperNOFA does not applications are similarly evaluated and funds available on a national basis for apply to these technical assistance ranked but are separated into two sub- providers that will be operating programs. groups—single State providers and nationally, or the scope of the technical (B) Program Requirements for multi-State providers. There will be assistance to be provided; HOPWA Technical Assistance. separate rankings for each CD–TA (b) To negotiate increased grant (1) General Requirements. The items program, and you will be ranked only awards with applicants approved for listed below specify the requirements against others that have applied for the funding if HUD requests them to offer that apply to the HOPWA TA same CD–TA program. coverage to geographic areas for which applications as follows: in Section (A), (2) Once scores are assigned, all they did not apply or budget, or if HUD Paragraphs: (1) on Profit/Fee; (4) applications will be listed in rank order receives an insufficient amount of Negotiation, except that the TADP for each CD–TA program for which they applications. reference will apply to a workplan applied by Field Office jurisdiction and/ (5) If funds remain after all selections negotiated between the applicant and or the HOPWA National Program. In have been made, remaining funds may the GTR for the HOPWA TA grant in each Field Office jurisdiction or be: HUD Headquarters; (5) Forms, National Program area, all applications (a) Distributed among all HUD Field Certifications and Assurances; (6) for the HOME TA program will be listed Offices (in proportion to their fair-share Financial Management and Audit in rank order on another list, all awards) and/or the National Program, or Information; (8) Training Sessions; (9) applications for the McKinney Act (b) Made available for other CD–TA Reports to Field Offices and/or GTRs, Homeless Assistance TA program will program competitions. except that you must report to the be listed in rank order on another list, (6) If you apply for HOPWA TA HOPWA Headquarters GTR, at a and all applications for the HOPWA TA funds, you must propose activities that minimum, on a quarterly basis, unless national projects will be ranked will be carried out on a national, otherwise specified in an approved separately on another list. All regional, State or community basis. The HOPWA TA workplan and you will be applications for the CHDO TA program Department reserves the right to adjust expected to meet the following will be ranked separately on either the the amount of requested funds that are performance benchmarks: (i) you are single state provider list or the multi- awarded to correspond with the size of required to begin technical assistance state provider list. Under this system, a the intended service area in comparison activities within one year of your single application from one organization to the planned national scope of selection (i.e., one year from the date of for all CD–TA programs could be activities to ensure the best use of these the signing of your selection letter by assigned different scores and different limited resources. HUD); and (ii) you are requested to rankings for each program in different HUD may also modify the service area provide an initial report to the Field Field Offices. of a selected application, if practicable. Office and the Headquarters GTR on the (3) Applications will be funded in HUD reserves the right to ensure that at startup of the planned activities within rank order for each CD–TA program by least forty (40) percent of the funds six months of your selection. Please Field Office jurisdiction, except for awarded for HOPWA TA grants are outline any accomplishments in HOPWA TA national providers and awarded to applications that address implementing the funds along with others which cannot be ranked by Field identified and documented needs in identifying any barriers or issues for Office jurisdiction. National providers underserved communities. which the Department may provide and others will be ranked separately and (B) Factors for Award Used to assistance. If a selected project does not funded in rank order for each CD–TA Evaluate and Rate Applications. The meet the appropriate performance program. Irrespective of final scores, factors and maximum points for each benchmark, HUD reserves the right to HUD may apply program policy criteria factor are provided below. The cancel or withdraw the grant funds. to select one applicant in each of the maximum number of points to be (2) Coordination of HOPWA TA three (CHDO, HOME and McKinney Act awarded for a CD–TA application is Requests. Except for national meetings, Homeless Assistance) CD–TA programs 100. The minimum score for an research, information and other in each Field Office or nationally, to applicant to be considered in funding activities that are conducted on a ensure diversity of methods, range is 55, with a minimum of 11 program-wide basis in cooperation with approaches, or kinds of projects. HUD points in Factor 1. The CD–TA program HUD Headquarters, as the grantee of will apply these program policy criteria is not an eligible program for the EZ/EC HOPWA TA funds, you must work to provide coverage of CD–TA services bonus points, as described in Section cooperatively with HUD Field Offices. for minorities; women, particularly III(C)(1) of the General Section of the You must notify the applicable HUD women in the homebuilding professions SuperNOFA. Field Office of the planned activities; under section 233(b)(7) of the Cranston- Rating of the ‘‘applicant’’ or the must consider the views or Gonzalez National Affordable Housing ‘‘applicant’s organization and staff’’, recommendations of that office, if any; Act; persons with disabilities; homeless; unless otherwise specified, will include must follow those recommendations, to persons with special needs; and rural any sub-contractors, consultants, sub- the degree practicable; and must report areas. recipients, and members of consortia to the applicable Field Office on the (4) In addition to the authority in the which are firmly committed to the accomplishments of this assistance. General Section to adjust funding, HUD project. reserves the right to adjust funding When addressing the Factors for V. Application Selection Process levels for each applicant for each CD– Award, you should discuss the specific (A) Rating and Ranking. TA program, as follows: TA projects, activities, tasks, etc. that (1) HUD will evaluate applications (a) Adjust funding levels for any you suggest be carried out during the competitively and rank them against all provider based upon the size and needs term of the cooperative agreement. See

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00075 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9396 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Sections IV(A)(2) and (3) of this CD–TA Rating Factor 3: Soundness of the application letters of firm program section for a discussion of the Approach (40 Points) commitments, memoranda of extent to which such activities may be In rating this factor, HUD will understanding, or agreements to revised at or after the time of award. consider the extent to which your participate from those entities identified You should also be specific when application evidences a sound approach as partners in the application. Each detailing the communities, populations in addressing identified needs and: letter of commitment, memorandum of (HOPWA only) and/or organizations (1) (15 points) Provides a cost understanding, or agreement to which you propose to serve, especially effective plan for designing, organizing, participate should include the in response to Factor 3, Subfactor 2 and and carrying out the suggested technical organization’s name, proposed level of in detailing the dollar amounts you have assistance activities within the commitment and responsibilities as they leveraged in Factor 4. framework of the Demand/Response relate to the proposed program. The commitment must also be signed by an Rating Factor 1: Capacity of the System or, for HOPWA TA applicants, official of the organization legally able Applicant and Relevant Organizational in addressing the HOPWA TA goal. to make commitments on behalf of the Experience (20 Points) (Minimum for (2) (15 points) Demonstrates an organization. Funding Eligibility—11 Points) effective outreach and assistance program to specifically identified In rating this factor, HUD will Rating Factor 5: Comprehensiveness disadvantaged communities, consider the extent to which the and Coordination (10 Points) populations (HOPWA only) and/or application demonstrates in relation to This factor addresses the extent to organizations which previously have CD–TA program funding that is which you coordinate your activities been underserved and have the requested: with other known organizations, potential to participate in CPD (1) (10 points) Recent, relevant and participate or promote participation in a programs. successful experience of your community’s Consolidated Planning (3) (5 points) Provides for full organization and staff in providing process and Continuum of Care geographic coverage, including urban technical assistance in all eligible homeless assistance strategy, and are and rural areas, (directly or through a activities and to all eligible entities for working towards addressing a need in a consortium of providers) of a single the CD–TA program(s) applied for, as holistic and comprehensive manner State or Field Office jurisdiction or is described in the regulations; through linkages with other activities in targeted to address the needs of rural (2) (5 points) The relevant experience the community. and competence of your key personnel areas, minority groups or other under- In evaluating this factor, HUD will in managing complex, multi-faceted or served groups or for HOPWA TA consider the extent to which you multi-disciplinary programs that require applicants, addresses other approaches demonstrate you have: coordination with other CD–TA entities that respond to identified needs. (1) Coordinated your proposed or multiple, diverse units in an (4) (5 points) Proposes a feasible, activities with those of other groups or organization; creative plan, which uses state of the art organizations prior to submission in (3) (5 points) You have sufficient or new promising technology, to transfer order to best complement, support and personnel or access to qualified experts models and lessons learned in each of coordinate all known activities and if or professionals to deliver the proposed its CD–TA program’s activities to funded, the specific steps you will take level of technical assistance in each grantees and/or program beneficiaries in to share information on solutions and proposed service area in a timely and other CD–TA programs. outcomes with others. Describe any effective fashion. Rating Factor 4: Leveraging Resources written agreements, memoranda of Rating Factor 2: Potential Effectiveness (10 Points) understanding in place, or that will be of the Application in Meeting Needs of in place after award. This factor addresses your ability to (2) Taken or will take specific steps to Target Groups/Localities and secure community resources (note: work with recipients of technical Accomplishing Project Objectives for financing is a community resource) assistance services to become active in Each CD–TA Program for which Funds which can be combined with HUD’s the community’s Consolidated Planning Are Requested (20 Points) program resources to achieve program process (including the Analysis of In rating this factor, HUD will purposes. In evaluating this factor HUD Impediments to Fair Housing Choice) consider the extent to which your will consider: established to identify and address a application: The extent to which you have need/problem that is related to the (1) (10 points) Identifies high priority partnered with other entities to secure activities you propose. needs and issues for the CD program in additional resources to increase the (3) Taken or will take specific steps to each community or Field Office effectiveness of the proposed program develop linkages to coordinate jurisdiction for which CD–TA funding is activities. Resources may include comprehensive solutions through requested, or on a national or regional funding or in-kind contributions, such meetings, information networks, basis for national HOPWA grants; as services or equipment, allocated to planning processes or other mechanisms (2) (5 points) Outlines a clear and the purpose(s) of the award you are with: cost-effective plan of suggested TA seeking. Resources may be provided by (a) Other HUD-funded projects/ activities for addressing those needs and governmental entities, public or private activities outside the scope of those aiding a broad diversity of eligible nonprofit organizations, for-profit covered by the Consolidated Plan; and grantees and/or beneficiaries, including private organizations, or other entities (b) Other Federal, State or locally those which traditionally have been willing to partner with the applicant. funded activities, including those under-served; and (3) (5 points) You also may partner with other proposed or on-going in the community. Identifies creative activities to assist program funding recipients to eligible grantees in participating in the coordinate the use of resources in the VI. Application Submission development of, and improving, local target area. Requirements Consolidated Plans and comprehensive You must provide evidence of In addition to the forms, certifications strategies. leveraging/partnerships by including in and assurances listed in Section II(G) of

VerDate 162000 23:29 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00076 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9397 the General Section of the SuperNOFA CHDOs under the CHDO TA program, These line items should total the (collectively referred to as the ‘‘standard and, if so, the amount and proposed amount requested for each CD–TA forms’’), your application must, at a uses of such funds. program area. The grand total of all CD– minimum, contain the following items (F) If applying for the CHDO TA TA program funds requested should (except that the following paragraphs program, a certification as to whether reflect the grand total of all funds for (C), (D), (E), (F), (G) and (H) do not apply you qualify as a primarily single-State which application is made. to HOPWA TA applicants). The provider under section 233(e) of the VII. Corrections to Deficient standard forms can be found in Cranston-Gonzalez Affordable Housing Applications Appendix B to the General Section of Act and as discussed in Section III(C)(3) the SuperNOFA. The remaining forms of this CD–TA Program section of this The General Section of the can be found as Appendix B to this CD– SuperNOFA. SuperNOFA provides the procedures for TA program section of the SuperNOFA. (G) A statement as to whether you corrections to deficient applications. (A) Transmittal Letter which propose to be considered for the role of identifies the SuperNOFA, the CD–TA lead CD–TA provider in one or more VIII. Environmental Requirements programs for which funds are requested specific program areas in a Field Office In accordance with 24 CFR 50.19(b)(9) and the dollar amount requested for jurisdiction, and if so, your and 58.34(a)(9), the assistance provided each program, and the applicant or organization’s capabilities and attributes by these programs relates only to the applicants submitting the application. If that qualify you for the role. provision of technical assistance and is your organization has never received a (H) Budget Summary identifying costs categorically excluded from the CPD technical assistance award, please for implementing the plan of suggested requirements of the National include a statement to this effect in the TA activities by cost category for each Environmental Policy Act and not transmittal letter. CD–TA program for which funds are subject to environmental review under (B) Narrative statement addressing the requested by Field Office or as a the related laws and authorities. This Factors for Award described in Section National Provider (in accordance with determination is based on the V(B) of this CD–TA Program section of the following): ineligibility of real property acquisition, this SuperNOFA. You should number (1) Direct Labor by position or construction, rehabilitation, conversion, the narrative response in accordance individual, indicating the estimated leasing or repair for HUD assistance with each factor for award. This hours per position, the rate per hour, under these technical assistance narrative statement will be the basis for estimated cost per staff position and the programs. evaluating your application. It should total estimated direct labor costs; include a plan of suggested TA activities (2) Fringe Benefits by staff position IX. Authority as described in Factors 2, 3, and identifying the rate, the salary base the CHDO Technical Assistance. The elsewhere. These suggested TA rate was computed on, estimated cost CHDO Technical Assistance Program is activities may form a starting point for per position, and the total estimated authorized by the HOME Investment negotiating the TADP described in fringe benefit cost; Partnerships Act (42 U.S.C. 12773); 24 Section IV(A)(3) of this CD–TA Program (3) Material Costs indicating the item, CFR part 92. section of the SuperNOFA. However, quantity, unit cost per item, estimated HOME Technical Assistance. The they are used primarily for purposes of cost per item, and the total estimated HOME Technical Assistance Program is rating and evaluation and may be material costs; authorized by the HOME Investment substantially altered and revised during (4) Transportation Costs, as Partnerships Act (42 U.S.C. 12781– negotiations with the Field Offices on applicable. 12783); 24 CFR part 92. the content of the TADPs (see Section (5) Equipment charges, if any. McKinney Act Homeless Assistance IV(A)(3)) or Headquarters program office Equipment charges should identify the Programs Technical Assistance. The for national projects. type of equipment, quantity, unit costs Supportive Housing Program is (C) Statement that identifies the Field and total estimated equipment costs; authorized under 42 U.S.C. 11381 et Office jurisdictions in which you (6) Consultant Costs, if applicable. seq.; 24 CFR 583.140. The Emergency propose to offer services. If you will not Indicate the type, estimated number of Shelter Grant, Section 8 Moderate offer services throughout the full consultant days, rate per day, total Rehabilitation Single Room Occupancy jurisdictional area of the Field Office, estimated consultant costs per Program and Shelter Plus Care your statement should identify the consultant and total estimated costs for Technical Assistance Programs are service areas involved (e.g., States, all consultants; authorized by the FY 2000 HUD counties, etc.), as well as the (7) Subcontract Costs, if applicable. Appropriations Act. communities in which you propose to Indicate each individual subcontract offer services. and amount; HOPWA Technical Assistance. The (D) A matrix that summarizes the (8) Other Direct Costs listed by item, HOPWA Technical Assistance program amount of funds you are requesting for quantity, unit cost, total for each item is authorized under the FY 2000 HUD each CD–TA program in each Field listed, and total other direct costs for the Appropriations Act. The HOPWA Office jurisdiction. (See CD–TA award; program is authorized under the AIDS Appendix B for a copy of the matrix to (9) Indirect Costs should identify the Housing Opportunities Act (42 U.S.C. be submitted.) type, approved indirect cost rate, base to 12901) and the HOPWA regulations are (E) A statement as to whether you which the rate applies and total indirect found at 24 CFR part 574. propose to use pass-through funds for costs. BILLING CODE 4210±32±P

VerDate 162000 23:29 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00077 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9398 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00078 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9399

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00079 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9400 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00080 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9401

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00081 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9402 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00082 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9403

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00083 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00084 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9405

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00085 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00086 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9407

FUNDING AVAILABILITY FOR THE kit, you should refer to COPC and residents decide is needed, rather than COMMUNITY OUTREACH provide your name, address (including what the institution concludes is PARTNERSHIP CENTERS PROGRAM zip code), and telephone number appropriate for that neighborhood; (COPC) (including area code). You may also (2) Community-based organizations and residents should be empowered by Program Overview download the application kit on the Internet through the HUD web site at the project and be your partners Purpose of the Program. To provide http://www.hud.gov. throughout the life of the project and funds to community colleges, four-year For Further Information and beyond, from planning to colleges, and universities to establish Technical Assistance. You may contact implementation to activities beyond the and operate Community Outreach Jane Karadbil of HUD’s Office of grant; Partnership Centers (COPCs) to address University Partnerships at (202) 708– (3) Your applied research should be the problems of urban areas. 1537, ext. 5918. If you have a speech or related to the outreach activities and be Available Funds. Approximately $8 hearing impairment, you may call used to influence your activities within million. HUD’s TTY number (202) 708–0770, or the grant period or shortly after it ends. Eligible Applicants. Public and 1–800–877–8399 (the Federal HUD will not fund research without private nonprofit institutions of higher Information Relay Service TTY). Other practical application; education granting two- or four-year than the ‘‘800’’ number, these numbers (4) The assistance you provide should degrees and accredited by a national or are not toll-free. You may also reach Ms. be primarily by faculty, students, or to regional accrediting agency recognized Karadbil via the Internet at a limited extent, by neighborhood by the U.S. Department of Education. [email protected]. residents or community-based Application Deadline. May 10, 2000. Satellite Broadcast. HUD will hold an organizations funded by the university; Match. 50% of the total costs of information broadcast via satellite for and establishing and operating research potential applicants to learn more about (5) Your program should be part of activities and 25% of the total costs of the program and preparation of an your institution’s broader effort to meet establishing and operating outreach application. For more information about its urban mission, and be supported by activities. the date and time of this broadcast, you its senior officials, rather than just the work of a few faculty members. Your ADDITIONAL INFORMATION should consult the HUD web site at the web address listed above. proposed activities should not duplicate If you are interested in applying for those of other entities in the community funding under this program, please II. Amount Allocated and should be appropriate for an review carefully the General Section of Up to $8 million has been allocated to institution of higher education to this SuperNOFA and the following fund grants under the program. This undertake in light of its teaching, and additional information. year, HUD will award two kinds of research, and service missions. (B) Eligible Applicants. Eligible I. Application Due Date, Application grants—(A) New Grants to applicants who have never received a COPC grant applicants for both New Grants and Kits. Further Information, and New Directions Grants are public or Technical Assistance before to undertake eligible work and (B) New Directions Grants to fund private nonprofit institutions of higher Application Due Date. Your previous COPC recipients (as identified education granting two-or four-year completed application is due on or in Section III.(B) below) to undertake degrees and accredited by a national or before 12:00 midnight, Eastern time, on new directions in their activities. regional accrediting agency recognized May 10, 2000, at HUD Headquarters. Institutionalization Grants will not be by the U.S. Department of Education. See the General Section of this funded under this funding For New Grants, only applicants that SuperNOFA for specific procedures announcement for COPC. HUD will use have never previously received a New governing the form of application up to $6.8 million to fund Grant, a New Directions Grant, or an submission (e.g., mailed applications, approximately 16 New Grants and up to Institutionalization Grant are eligible. express mail, overnight delivery, or $1.2 million to fund approximately 8 For New Directions Grants, applicants hand carried). New Directions Grants. must meet the following requirements: Address for Submitting Applications. you must have received a New Grant in Your completed application consists of III. Program Description; Eligible FY 1994, 1995, 1996, or 1997; you must an original and two copies. Submit your Applicants; Eligible Activities not have received a New Directions completed application to: Processing (A) Program Description. The main Grant; and you must have drawn down and Control Branch, Office of purpose of this COPC Program is to (i.e., requests for reimbursement have Community Planning and Development, assist in establishing or carrying out been submitted), by the application due U.S. Department of Housing and Urban outreach and applied research activities date, at least 75% of the funds you Development, 451 Seventh Street, SW, addressing the problems of urban areas. received from any previous COPC Room 7251, Washington, DC 20410. But HUD also looks to this program to award. Joint Community Development When submitting your application, encourage structural change—both Program grantees are not eligible for please refer to COPC and include your within an institution of higher either kind of funding, nor are FY 1998 name, mailing address (including zip education and in the way it relates to its and 1999 COPC Grantees. code) and telephone number (including neighbors. Funding under this program Consortia of eligible institutions may area code). is used to establish and operate local apply, as long as one institution is For Application Kits. For an Community Outreach Partnership designated the lead applicant. Since the application kit and supplemental Centers (COPC). Statement of Work and other facets of material you should call the The five key concepts that your COPC the technical review are assessed in the SuperNOFA Information Center at 1– Program should include are: context of the proposed staffing, and in 800–HUD–8929. Persons with hearing (1) Outreach, technical assistance, and order to fund as many eligible or speech impairments may call the applied research should be provided to applicants as possible, HUD has Center’s TTY number at 1–800–HUD– neighborhoods and neighborhood-based determined that you may be part of only 2209. When requesting an application organizations based on what the one consortium or submit only one

VerDate 162000 23:29 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00087 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9408 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices application or you will be disqualified. System to identify economic outreach activities include, but are not HUD will hold you responsible for development potential, an oral history limited to: ensuring that neither you nor any part of the neighborhood, and the creation of (a) Job training and other training of your institution, including specific block watches, you would also meet the projects, such as workshops, seminars, faculty, participate in more than one test. These are just examples. For more and one-on-one and on-the-job training; application. For New Directions Grants, information about the projects have (b) Design of community or if you originally received funding as a actually been funded under the metropolitan strategies to resolve urban consortium, you are not required to program, you should look at the Office problems of communities and submit again with all the consortium of University Partnerships’ web site at neighborhoods; members. Members of a previously www.oup.org. If you are applying for a (c) Innovative use of funds to provide approved consortium may submit on New Directions Grant, you will only be direct technical expertise and assistance their own or as part of their old required to address two urban problems to local community groups, residents, consortium. However, as with New and undertake at least one activity for and other appropriate community Grants, only one application from an each of these problems. stakeholders to assist them in resolving institution will be permitted. The statute creating COPC is very local problems such as homelessness, Different campuses of the same specific that the program address the housing discrimination, and university system are eligible to apply, problems of urban areas. HUD uses the impediments to fair housing choice; even if one campus has already received Census definition of an urban area: a (d) Technical assistance in business COPC funding. Such campuses are single geographic place (e.g., a city, start-up activities for low-and moderate- eligible as separate applicants only if town, or village, but not a county) with income individuals and organizations, they have administrative and budgeting a population of 2,500 or more. You including business start-up training and structures independent of other cannot meet this test by aggregating technical expertise and assistance, campuses in the system. several places smaller than the mentor programs, assistance in (C) Eligible Activities. Your COPC population threshold in order to meet developing small loan funds, business Program must combine research with this requirement. incubators, etc; outreach, work with communities and (e) Technical assistance to local Funded research must have a clear local governments and address the public housing authorities on welfare- near-term potential for solving specific, multidimensional problems that beset to-work initiatives and physical significant urban problems. You must urban areas. To meet the threshold transformations of public or assisted have the capacity to apply your research requirements, your New Grant housing, including development of results and to work with communities application must be multifaceted and accessible and visitable housing; and local institutions, including address three or more urban problems (f) Assistance to communities to neighborhood groups, local and you must propose at least one improve consolidated housing and governments, and other appropriate distinct activity to address each community development plans and community stakeholders, in applying separate urban problem. Urban remove impediments to the design and these results to specific real-life urban problems include issues related to implementation of such plans; housing, economic development, problems. (g) Assistance to communities to neighborhood revitalization, While the list of eligible and ineligible design ways to use HUD’s Partnership infrastructure, health care, job training, activities is the same for both New Grant for Advancing Technology in Housing education, crime prevention, planning, applicants and New Directions Grant (PATH) technology such as analyzing the environment, community applicants, New Directions Grant building codes and building materials or organizing, and other areas deemed applicants must demonstrate that the designing new building systems. appropriate by the Secretary. Single proposed activities either implement (Remember that actual physical purpose applications are not eligible. new eligible projects in the current development activities are not eligible For example, if you propose to target neighborhood(s) or implement under COPC.) For more information, see undertake health education for eligible projects in a new target the General Section of the SuperNOFA elementary school children, organizing neighborhood(s). or visit the website at www.pathnet.org; around health issues, and job readiness Eligible activities include: (h) Assistance to communities to for the health professions, HUD will (1) Research activities that have improve their fair housing planning deem your application as single practical application for solving specific process; purpose, because it really only problems in designated communities (i) Services to assist low-income addresses the problem of health care. and neighborhoods, including students to attend college, as part of the Likewise, if you propose to address evaluation of the effectiveness of the U.S. Department of Education’s Gaining housing, economic development, and outreach activities. In order to ensure Awareness and Readiness for health care problems by developing a that the primary focus of your project is Undergraduate Program (GEAR UP). Geographic Information System, your on outreach, research may not total (For more information call 1–800-USA- application would also be considered more than one-quarter of the total LEARN or visit the Department of single purpose because it does not project costs contained in any grant Education’s website at www.ed.gov.); propose separate and distinct activities made under this COPC funding and for each of the problems you will announcement (including the required (j) Regional projects that maximize the address. As examples of eligible 50% match). interaction of targeted inner city projects, if you propose a health care (2) Outreach, technical assistance and distressed neighborhoods with suburban project for the elderly, a job training information exchange activities which job opportunities similar to HUD’s program on construction trades for high are designed to address specific urban Bridges-to-Work or Moving to school seniors, and an affordable problems in designated communities Opportunity programs. housing fair, you would meet the test of and neighborhoods. Such activities (3) Funds for faculty development addressing three urban problems, each must total no less than three-quarters of including paying for course time or with a separate activity. Alternatively, if your total project costs (including the summer support to enable faculty you propose a Geographic Information required 25% match). Examples of members to work on the COPC.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00088 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9409

(4) Funds for stipends or salaries for fairness to all applicants, HUD will not match any costs that would be students (but the program cannot cover accept a New Grant application that is ineligible for funding under the tuition and fees) while they are working under $250,000 or over $400,000. program (e.g., housing rehabilitation). on the COPC. If you are applying for a New (1) If you are a New Grant applicant, (5) Activities to carry out the Directions Grant, you may not request a you must meet the following match ‘‘Responsibilities’’ listed under Section grant that exceeds $150,000. This requirements: IV (B) below. These activities may amount must be spent over a two-year (a) Research Activities. 50% of the include leases for office space in which period. Since the Statement of Work and total project costs of establishing and to house the Community Outreach other facets of the technical review are operating research activities. Partnership Center, under the following assessed in the context of the proposed (b) Outreach Activities. 25% of the conditions: budget and grant request, and in the total project costs of establishing and (a) The lease must be for existing interest of fairness to all applicants, operating outreach activities. facilities not requiring rehabilitation or HUD will not accept a New Directions (2) If you are a New Directions Grant construction; application that is over $150,000. applicant, you must meet the following (b) No repairs or renovations of the (B) Responsibilities. You are required match requirements: property may be undertaken with to: (a) Research Activities. 60% of the Federal funds; and (1) Employ the research and outreach total project costs of establishing and (c) Properties in the Coastal Barrier resources of your institution of higher operating research activities. Resource System designated under the education to solve specific urban (b) Outreach Activities. 35% of the Coastal Barrier Resources Act (16 U.S.C. problems identified by communities total project costs of establishing and 3501) cannot be leased with Federal served by your Center; operating outreach activities. (2) Establish outreach activities in funds. In previous competitions, some (6) Components of your program may areas identified in your application as applicants incorrectly based their match address metropolitan or regional the communities to be served; calculations on the Federal grant strategies. You must clearly demonstrate (3) Establish a community advisory amount, not the total project costs. An how: committee comprised of representatives example of how you should calculate (a) Your strategies are directly related of local institutions and residents of the the match correctly and a worksheet for to what the targeted neighborhoods and communities to be served to assist in the calculation are included in the neighborhood-based organizations have identifying local needs and advise on application kit. The worksheet, which is decided is needed; and the development and implementation of also included in the program area (b) Neighborhoods and neighborhood strategies to address those issues; organizations are involved in the (4) Coordinate outreach activities in section of the SuperNOFA, should be development and implementation of the communities to be served by your included with your application. metropolitan or regional strategies. Center; (E) Administrative. Your grant will be (D) Ineligible Activities. Activities (5) Facilitate public service projects in governed by the provisions of 24 CFR ineligible for funding under this the communities served by your Center; part 84 (Grants and Agreements with program are as follows: (6) Act as a clearinghouse for Institutions of Higher Education, (1) Research activities that have no dissemination of information; Hospitals, and Other Non-Profit clear and immediate practical (7) Develop instructional programs, Organizations), A–21 (Cost Principles application for solving urban problems convene conferences, and provide for Education Institutions), and A–133 or do not address specific problems in training for local community leaders, (Audits of States, Local Governments, designated communities and when appropriate; and and Non-Profit Organizations. You may neighborhoods. (8) Exchange information with other not spend more than 20% of your grant (2) Any type of construction, Centers. on planning or administrative costs. The rehabilitation, or other physical The clearinghouse function in Section application kit contains a detailed development costs. IV(B)(6) above refers to a local or explanation of what these costs are. You (3) Costs used for routine operations regional clearinghouse for can access the OMB circulars at the and day-to-day administration of dissemination of information and is White House website at http:// institutions of higher education, local separate and distinct from the functions whitehouse.gov/WH/EOP/OMB/html/ governments or neighborhood groups. in (8) above, which relate to the circulars. provision of information to the V. Application Selection Process IV. Program Requirements University Partnerships Clearinghouse, In addition to the program which is the national clearinghouse for There will be two separate requirements listed in the General the program. competitions—one for New Grants and Section of this SuperNOFA, grantees (C) Cap on Research Costs. No more one for New Directions Grants. For each must meet the following program than 25% of your total project costs type of grant, applications will be rated, requirements: (Federal share plus match) can be spent ranked, and selected separately. Two (A) Grant Sizes and Terms. If you are on research activities. You are, however, types of reviews will be conducted: a applying for a New Grant, you may not not required to undertake any research threshold review to determine your request less than $250,000 nor more as part of your project. You may apply application’s eligibility; and a technical than $400,000. This amount must be for a project that is totally for outreach review to rate your application based on spent over a three-year period, and your activities. the rating factors in Section V.(A) budget must reflect this period. Since (D) Match. The non-Federal share may below. the Statement of Work (in Section include cash or the value of non-cash (A) Additional Threshold VI.(G)) and the Narrative Statement contributions, equipment and other Requirements For Funding Addressing the Factors for Award (in allowable in-kind contributions as Consideration. Under the threshold Section VI.(H)) are assessed in the detailed in 24 CFR part 84, and in review, your application can only be context of the proposed budget and particular § 84.23 entitled ‘‘cost sharing rated if you are both in compliance with grant request, and in the interest of or matching.’’ You may not count as the requirements of the General Section

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00089 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9410 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices of the SuperNOFA and if the following accomplishments to be successful. The meeting the need, you should include additional standards are met: more recent the experience and the references to these documents in your (1) You have met the statutory match more experience your own staff response. requirements, if applying for a New members who work on the project have If the proposed activity is not covered Grant or the higher match levels in successfully conducting and under the scope of the Consolidated described above, if applying for a New completing similar activities, the greater Plan and Analysis of Impediments to Directions Grant. the number of points you will receive Fair Housing Choice (AI), you should (2) You have proposed a program in for this rating factor. The following indicate such, and use other sound data which at least 75% of the total project categories will be evaluated: sources to identify the level of need and costs will be for outreach activities. (i) Undertaking research activities in the urgency in meeting the need. Types (3) For New Grants, you have specific communities that have a clear of other sources include Census reports, requested a Federal grant between near-term potential for practical Continuum of Care gaps analysis, law $250,000 and $400,000. For New application to significant urban issues, enforcement agency crime reports, Directions Grants, you have requested a such as affordable housing, fair housing Public Housing Authorities’ Federal grant that is no more than including accessible and visitable Comprehensive Plan, and other sound $150,000. housing, economic development, and reliable sources appropriate for (4) You have addressed at least three neighborhood revitalization, your program. You may also address urban problems, such as affordable infrastructure, health care, job training, needs in terms of fulfilling court orders housing, fair housing, economic education, crime prevention, planning, or consent decrees, settlements, development, neighborhood and community organizing; conciliation agreements, and voluntary revitalization, infrastructure, health (ii) Undertaking outreach activities in compliance agreements. care; job training, education, crime specific communities to solve or To the extent possible, the data you prevention, planning, the environment, ameliorate significant urban issues; use should be specific to the area where and community organizing and have (iii) Undertaking projects with the proposed activity will be carried proposed at least one separate and community-based organizations or local out. You should document needs as distinct activity for each problem you governments; and they apply to the area where activities propose to address. (iv) Providing leadership in solving will be targeted, rather than the entire (5) You and any part of your community problems and making locality or state. organization are participating in only national contributions to solving long- one application. term and immediate urban problems. Rating Factor 3: Soundness of (6) Your project will operate in an (2) For New Directions Grants only (8 Approach (50 Points) urban area. points). The extent to which you This factor addresses the quality and (B) Factors For Award Used To performed successfully under your cost-effectiveness of your proposed Evaluate and Rate Applications. The previous COPC grant(s), as measured by: work plan. There must be a clear factors for rating and ranking applicants, (a) Your achievement of specific relationship between your proposed and maximum points for each factor, are measurable outcome objectives; activities, community needs and the provided below. The maximum number (b) Your leveraging of funding beyond purpose of the program funding for you of points for this program is 102. This the funds originally proposed to be to receive points for this factor. The includes two EZ/EC bonus points, as leveraged for that project; and factor will be evaluated based on the described in the General Section of the (c) The effectiveness of your extent to which the proposed work plan SuperNOFA. administration of any previous COPC will: grants (including the timeliness and Rating Factor 1: Capacity of the (1) (10 points) Identify the specific completeness of your compliance with services or activities to be performed. Applicant and Relevant Organizational COPC reporting requirements and your Experience (15 Points) Note that you are not required to ability to have resolved problems which undertake research as part of the grant. This factor addresses the extent to presented themselves during the grant In reviewing this subfactor, HUD will which you have the organizational period). In addressing timeliness of consider the extent to which: resources necessary to successfully reports, you should compare when your (a) There is a clear research agenda; implement the proposed activities in a reports were due with when they were (i) With identifiable research projects timely manner. In rating this factor HUD actually submitted. and outcomes (e.g., reports, surveys, will consider the extent to which the etc.) Rating Factor 2: Need/Extent of the proposal demonstrates: (ii) That identifies each task and who Problem (15 Points) (1) For New Grants (15 Points): For will be responsible for it; New Direction Grants (7 Points). This factor addresses the extent to (iii) Which is tried to the outreach (a) The knowledge and experience of which there is a need for funding your agenda (e.g., if you proposed to study your overall proposed project director proposed program activities and your the extent of housing abandonment in a and staff, including the day-to-day indication of the urgency of meeting the neighborhood and then design a plan for program manager, consultants and need in the target area. In responding to reusing this housing, you would be able contractors in planning and managing this factor, you will be evaluated on the to demonstrate the link between your programs for which funding is being extent to which you document the level proposed research and outreach requested. Experience will be judged in of need for the proposed activity and the strategies); and terms of recent, relevant and successful urgency in meeting the need. (iv) Which does not duplicate experience of your staff to undertake You should use statistics and analyses research by your institution or by others eligible program activities. In rating this contained in a data source(s) that is for the target area previously completed factor, HUD will consider experience sound and reliable. To the extent that or currently underway. If other within the last 5 years to be recent; the targeted community’s Consolidated complimentary research is underway, experience pertaining to the specific Plan and Analysis of Impediments to you need to describe how the proposed activities being proposed to be relevant; Fair Housing Choice (AI) identify the research agenda would compliment it. and experience producing specific level of the problem and the urgency in (b) There is a clear outreach agenda:

VerDate 162000 23:29 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00090 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9411

(i) With identifiable outreach projects; the economic, social or living financial aid, and by providing support (ii) That identifies each task and who environment in the impact area; and services, including tutoring, counseling, will be responsible for it; (b) Grant funds will pay for activities and mentoring. (iii) That involves your institution as you conduct directly, rather than The Neighborhood Networks initiative a whole (i.e., many academic disciplines passing funds through to other entities enhances the self-sufficiency, and administrative offices); (In order for your application to be employability, and economic self- (iv) That provides for on-site or competitive, no more than 25 percent of reliance of low-income families and the frequent presence in the target area; and your grant funds should be passed to elderly living in HUD-insured and HUD- (v) That does not duplicate outreach other entities); and assisted properties by providing them activities by your institution or others (c) The activities you propose to with on-site access to computer and for the target area previously completed undertake are pressing and urgent training resources. or currently underway. needs, as identified in the documents The Twenty/20 Education (2) (10 points) Involve the described in Factor 2. Communities initiative is designed to communities to be served in a (4) (4 points) Potentially yield transform public housing into safe and partnership for the planning and innovative strategies or ‘‘best practices’’ livable communities where families implementation of your activities. In that can be replicated and disseminated undertake training in new reviewing this subfactor, HUD will look to other organizations, including telecommunications and computer at the extent to which: nonprofit organizations, State and local technology and partake in educational (a) You have formed or will form one governments. In reviewing this opportunities and job training or more Community Advisory subfactor, HUD will assess your initiatives. Committees, comprised of demonstrated ability to disseminate The Partnership for Advancing representatives of local institutions and results of research and outreach Technology in Housing (PATH) a balance of the race, ethnic, disability activities to other COPCs and initiative is a voluntary public/private status, gender, and income of the communities. HUD will evaluate your partnership that seeks to speed the residents of the communities to be past experience and the scope and creation and widespread use of served to develop and implement quality of your plan to disseminate advanced technologies in order to strategies to address the needs identified information on COPC results, strategies, radically improve the quality, in Factor 2. You will be expected to and lessons learned through such means durability, energy efficiency, and demonstrate that you have already as conferences, cross-site technical environmental performance and formed such a committee(s) or secured assistance, publications, etc. The more affordability of housing. For more the commitment of the appropriate proactive your plan for providing information, you can go to the PATH persons to serve on the committee(s), information to a wide range of web site at www.pathnet.org. rather than just describing generally the audiences, the greater the number of (b) (5 points) Include activities that types of people whose involvement you points you will received. affirmatively further fair housing, for will seek. (5) (8 points) HUD priorities; example: (b) You have involved a wide range of (a) (3 points) Further and support the (i) Working with other entities in the neighborhood organizations and local policy priorities of HUD including: community to overcome impediments to government entities in the identification (i) Promoting healthy homes; fair housing, such as discrimination in of your research and outreach activities. (ii) Providing opportunities for self- the sale or rental of housing or in (c) The committee and your partners sufficiency, particularly for persons advertising, provision of brokerage will play an active role in all stages of enrolled in welfare to work programs; services, or lending; the project and will not serve as merely (iii) Enhancing ongoing efforts to (ii) Promoting fair housing choice advisors or monitors. eliminate drugs and crime from through the expansion of (d) Your outreach agenda includes neighborhoods through program policy homeownership opportunities and training projects for local community efforts such as ‘‘One Strike and You’re improved quality of services for leaders, for example, to increase their Out’’ or the ‘‘Officer Next Door’’ minorities, families with children, and capacity to direct their organizations or initiative; persons with disabilities; or undertake various kinds of community (iv) Providing educational and job (iii) Providing housing mobility development projects. training opportunities through such counseling services. (3) (6 points) Help solve or address an initiatives as GEAR UP, Neighborhood (6) For New Grants (12 points): For urgent problem as identified in Rating Networks, Twenty/20 Education New Directions Grants (7 points). Result Factor 2 and will achieve the purposes Communities (formerly known as in the COPC function and activities of the program within the grant period. Campus of Learners) and linking to becoming part of the urban mission of In reviewing this subfactor, HUD will AmeriCorps activities; or your institution and being funded in the look at the extent to which: (v) HUD’s Partnership for Advancing future by sources other than HUD. In (a) You identify specific time phased Technology in Housing (PATH) reviewing this subfactor, HUD will and measurable objectives to be initiative. consider the extent to which: accomplished; your proposed short and The Healthy Homes initiative (a) COPC activities relate to your long term program objectives to be implements a series of activities to institution’s urban mission; are part of achieved as a result of the proposed protect children from home hazards a climate that rewards faculty work on activities; the tangible and measurable such as lead-based paint, radon, fires, these activities through promotion and impacts your work program will have and accidents around the home. tenure policies; benefit students because on the community in general and the The GEAR UP initiative promotes they are part of a service learning target area or population in particular partnerships between colleges and program or professional training at your including affirmatively furthering fair middle or junior high schools in low- institution (rather than just volunteer housing for classes protected under the income communities, to help teach activities); and are reflected in your Fair Housing Act; and the relationship students how they can go to college by curriculum. HUD will look at your of your proposed activities to other informing them about college options, institution’s commitment to faculty and ongoing or proposed efforts to improve academic requirements, costs, and staff continuing work in COPC

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00091 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9412 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices neighborhoods or replicating successes HUD is concerned that applicants (1) (4 points) Coordinated your in other neighborhoods and to your should be providing hard dollars as part proposed activities with those of other longer term commitment (e.g., five years of their matching contributions to groups or organizations prior to after the start of the COPC) of hard enhance the tangible resources going submission in order to best dollars to COPC work. HUD will into targeted neighborhoods. Thus, complement, support and coordinate all consider the extent to which your while indirect costs can count towards known activities and, if funded, the proposed activities are appropriate for meeting the required match, they will specific steps you will take to share an institution of higher education not be used in calculating match information on solutions and outcomes because they are tied to your overage. Only direct costs can count in with others. Any written agreements, institution’s teaching or research this factor. memoranda of understanding in place, mission. In addition, HUD will consider (2) Up to an additional 5 points will or that will be in place after award the extent to which your faculty, staff be awarded for the extent to which you should be described. and students from across many document that matching funds are (2) (3 points) Taken or will take disciplines are involved in COPC-like provided from eligible sources other specific steps to become active in the activities as a way of demonstrating than your institution (e.g., funds from community’s Consolidated Planning your institution’s commitment to these the city, including CDBG, other State or process (including the Analysis of kinds of activities. local government agencies, public or Impediments to Fair Housing Choice) (b) You have received commitments private organizations, or foundations). established to identify and address a for funding from sources outside the Fewer points will be assigned need/problem that is related to the university for related COPC-like projects depending on the extent of the outside activities the applicant proposes. and activities in the targeted match. (3) (3 points) Taken or will take specific steps to develop linkages to neighborhood or other distressed You must provide evidence of coordinate comprehensive solutions neighborhoods. Funding sources to be leveraging/partnerships by including in considered include, but are not limited through meetings, information the application letters of firm to, local governments, neighborhood networks, planning processes or other commitment, memoranda of organizations, private businesses, your mechanisms with: understanding, or agreements to institution, and foundations. (a) Other HUD-funded projects/ (7) For New Direction Grants only (5 participate from any entity, including activities outside the scope of those points). Previous grantees have a wealth your own institution, that will be covered by the Consolidated Plan; and of knowledge that they can and should providing matching funds to the project. (b) Other Federal, State or locally share with other institutions. If you Each letter of commitment, funded activities, including those send a faculty member of your team memorandum of understanding, or proposed or ongoing in the community. who has been listed in your application agreement to participate should include (C) Selections. In order to be funded to participate in the peer review process the organization’s name, proposed total under COPC, you must receive a for New Grants, you will receive 5 level of commitment and minimum score of 70. HUD intends to points. responsibilities as they relate to the fund at least one eligible applicant that proposed program. The commitment serves colonias, as defined by section Rating Factor 4: Leveraging Resources must also be signed by an official of the 916(d) of the Cranston-Gonzalez (10 Points) organization legally able to make National Affordable Housing Act, as This factor addresses the ability of the commitments on behalf of the long as the applicant receives a applicant to secure community organization. Unless matching funds are minimum score of 70. HUD will select resources which can be combined with accompanied by a commitment letter, the highest ranking colonias application HUD’s program resources to achieve they will not be counted towards the from among the rated colonias program purposes. This factor measures match. applications. the extent to which you have Rating Factor 5: Comprehensiveness If two or more applications have the established partnerships with other and Coordination (10 Points) same number of points, the application entities to secure additional resources to with the most points for Factor 3, increase the effectiveness of your This factor addresses the extent to Soundness of Approach, shall be proposed program activities. Resources which you coordinated your activities selected. If there is still a tie, the may include funding or in-kind with other known organizations, application with the most points for contributions, such as services or participate or promote participation in Factor 4, Leveraging Resources shall be equipment, allocated to the purpose(s) your community’s Consolidated selected. of the award you are seeking. Resources Planning process, and are working HUD reserves the right to make may be provided by governmental towards addressing a need in a holistic selections out of rank order to provide entities, public or private nonprofit and comprehensive manner through for geographic distribution of funded organizations, for-profit private linkages with other activities in the COPCs. If HUD decides to use this organizations, or other entities willing community. If you propose to work in option, it will do so only if two adjacent to establish partnerships with you. You a Community Development Block Grant HUD regions do not yield at least one may also establish partnerships with (CDBG) non-entitlement jurisdiction, fundable COPC on the basis of rank funding recipients in other grant you will only need to address and will order. If this occurs, HUD will fund the programs to coordinate the use of only be rated on subfactors (1) and (3). highest ranking applicant within the resources in the target area. In If that is the case, the points for this two regions as long as the minimum evaluating this factor, HUD will allocate factor will be evenly divided between score of 70 points is achieved. points as follows: these two subfactors. If you are working After all applications have been rated (1) Five (5) points will be awarded for in a CDBG non-entitlement area, please and ranked and selections have been a match that is 50% over the required note that at the beginning of the made, HUD may require you, if you are match, as described in Section IV(D) discussion of this factor. selected, to participate in negotiations to above. Fewer points will be assigned In evaluating this factor, HUD will determine the specific terms of your depending on the extent of the match. consider the extent to which you have: Statement of Work and grant budget. In

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00092 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9413 cases where HUD cannot successfully be allocated to research activities (Form Payments to Influence Certain conclude negotiations, or you fail to HUD–30002). Federal Transactions; provide HUD with requested (5) An explanation of your (3) SF-LLL, Disclosure of Lobbying information, an award will not be made. compliance with the matching Activities (if applicable); In such instances, HUD may elect to requirements (Form HUD–30001 and (4) HUD–2880, Applicant/Recipient offer an award to the next highest the Verification of Match Worksheet). Disclosure/Update Form; (G) A Statement of Work (25 page ranking applicant, and proceed with (5) HUD–50070, Certification of Drug- limit; this page limit is separate from the negotiations with that applicant. Free Workplace; 25 pages for the Narrative Statement VI. Application Submission addressing the rating factors described (6) HUD–2992, Certification Requirements above) The Statement of Work Regarding Debarment and Suspension; You should include an original and incorporates all activities to be funded two copies of the items listed below. In in your application and details how (7) HUD–2991, Certification of order to be able to recycle paper, please your proposed work will be Consistency with the Consolidated do not submit applications in bound accomplished. (Please note that Plan; and form; binder clips or loose leaf binders although submitting pages in excess of (8) HUD–2990, Certification of are acceptable. Also, please, do not use the page limit will not disqualify your Consistency with the EZ/EC colored paper. Please note the page application, HUD will not consider the Strategic Plan (if applicable); limits for some of the items listed below information on any excess pages, which (J) Acknowledgement of Receipt of and do not exceed them. may result in a lower score or failure to Applications (HUD–2993). If you wish Your application must contain the meet a threshold.) Following an activity to confirm that HUD received your items listed in this section. These items and tasks under each activity format, application, please complete this form. include the standard forms, your Statement of Work must: This form is optional. certifications, and assurances listed in (1) Arrange the presentation of related (K) Client Comments and Suggestions the General Section of the SuperNOFA major activities by project functional (HUD–2994). If you wish to offer that are applicable to this funding category (e.g., economic development, comments on the COPC NOFA of this (collectively, referred to as the affordable housing, capacity building), SuperNOFA or the SuperNOFA process, ‘‘standard forms’’). The standard forms summarize each activity, identify the please complete this form. This form is can be found in Appendix B to the primary persons involved in carrying optional. General Section of the SuperNOFA. The out the activity, and delineate the major remaining application items that are tasks involved in carrying it out. VII. Corrections to Deficient forms (i.e., excluding such items as (2) Indicate the sequence in which the Applications narratives), referred to as the ‘‘non- tasks are to be performed, noting areas The General Section of the standard’’ forms can be found as of work which must be performed SuperNOFA provides the procedures for Appendix A to this program section of simultaneously. corrections to deficient applications. (3) Identify specific numbers of the SuperNOFA. The items are as quantifiable intermediate and end follows: VIII. Environmental Requirements products and objectives you will deliver In accordance with 24 CFR 50.19(b) of (A) SF–424, Application for Federal by the end of the award agreement the HUD regulations, activities assisted Assistance. period as a result of the work under this program are categorically (B) HUD–424M, Federal Assistance performed. Funding Matrix. (4) Identify whether you propose to excluded from the requirements of the (C) Application Checklist. work in a Community Development National Environmental Policy Act and (D) Transmittal Letter signed by the Block Grant (CDBG) entitlement area or are not subject to environmental review Chief Executive Officer of your not. under the related laws and authorities. institution or his or her designee. If a (H) Narrative statement addressing IX. Authority designee signs, your application must the Factors for Award in Section V(B). include the official delegation of (25 page limit, including letters of This program is authorized under the signatory authority; commitment, tables and maps, but not Community Outreach Partnership Act of (E) Abstract. (1 page limit) An abstract including letters of matching 1992 (42 U.S.C. 5307 note; the ‘‘COPC describing the goals and activities of commitments and the match calculation Act’’). The COPC Act is contained in your program. worksheet). Your narrative response section 851 of the Housing and (F) Budget. Your budget presentation should be numbered in accordance with Community Development Act of 1992 should be consistent with your each factor and subfactor. Please do not (Pub. L. 102–550, approved October 28, Statement of Work and include: repeat material in your Statements of 1992) (HCD Act of 1992). Section 801(c) (1) Budget Form—The budget form Work or Need; instead focus on how of the HCD Act of 1992 authorizes $7.5 (Form HUD–30003) should be used to you meet each factor. (Please note that million for each year of the 5-year prepare the budget. although submitting pages in excess of demonstration to create Community (2) A narrative explanation of how the page limit will not disqualify your Outreach Partnership Centers as you arrived at your cost estimates, for application, HUD will not consider the authorized in the COPC Act. The FY any line item over $5,000. information on any excess pages, which 2000 HUD Appropriations Act (3) A statement of your compliance may result in a lower score or failure to continued the program beyond the with the 20% limitation on ‘‘Planning meet a threshold.) initial five-year demonstration by providing funding for Community and Administration’’ Costs. (I) Certifications. (4) An explanation of your (1) SF–424B, Assurances for Non- Outreach Partnership Centers for FY compliance with the requirement that Construction Programs. 2000. not more than 25% of the total budget (2) HUD–50071, Certification of BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00093 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9414 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

APPENDIX A The non-standard forms, which follow, are required for your COPC application.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00094 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9415

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00095 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9416 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00096 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9417

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00097 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9418 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00098 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9419

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00099 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9420 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00100 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9421

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00101 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9422 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00102 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9423

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00103 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9424 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00104 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9425

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00105 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9426 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00106 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9427

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00107 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00108 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9429

BILLING CODE 4210±32±C

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00109 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00110 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9431

FUNDING AVAILABILITY FOR THE copy (the second copy) to the program section of the SuperNOFA. HISTORICALLY BLACK COLLEGES Community Planning and Development Additional funds may be available if AND UNIVERSITIES PROGRAM (CPD) Director in the appropriate HUD funds are recaptured, deobligated, Program Overview Field Office for the HBCU by 6:00 pm, appropriated or otherwise made local time, on May 10, 2000. The list of available during the fiscal year. Purpose of the Program. To assist HUD Field Offices with CPD Directors is (A) Allocation of Funding. In order to HBCUs expand their role and included in Appendix A. ensure that some previously unfunded effectiveness in addressing community HUD will accept only one application HBCUs will receive awards in this development needs in their localities, per HBCU. If HUD receives more than competition, approximately one-fifth of including neighborhood revitalization, one application from a single HBCU, the the available funds will be awarded to housing, and economic development, application that was received earliest HBCUs that have not previously been principally for persons of low and will be considered for funding. All funded under the HUD HBCU program. moderate income, consistent with the others are ineligible. (The FY 1991 competition was the first purposes of Title I of the Housing and You should take this policy into funded under the current HBCU Community Development Act of 1974. account to ensure that multiple Program authorization, section 107(b)(3) Available Funds. Approximately $10 applications are not submitted. of the Housing and Community million. For Application Kits. For an Development Act of 1974.) Therefore, of Eligible Applicants. Only HBCUs as application kit and any supplemental the $10 million in FY 2000 funds made determined by the Department of materials, you should call the available under this SuperNOFA for the Education in 34 CFR 608.2 in SuperNOFA Information Center at 1– HBCU Program: accordance with that Department’s 800-HUD–8929. If you have a hearing or (1) Approximately $2 million will be responsibilities under Executive Order speech impairment please call the awarded to HBCUs that have not 12876, dated November 1, 1993, are Center’s TTY number at 1–800-HUD– received funding in past HUD HBCU eligible for funding under the HBCU 2209. When requesting an application competitions under section 107(b)(3) of Program. kit, you should refer to the HBCU the Housing and Community Application Deadline. May 10, 2000. Program and provide your name, Development Act of 1974. This includes Match: None. address (including zip code), and competitions for Fiscal Years 1991 telephone number (including area code). through 1999 (‘‘previously unfunded ADDITIONAL INFORMATION You may also download the application HBCUs’’). If you are interested in applying for on the Internet through the HUD web Previously unfunded HBCUs are funding under the HBCU program, site at http://www.hud.gov. listed in Appendix B of this HBCU please review carefully the General For Further Information and Program section of the SuperNOFA. Section of this SuperNOFA and the Technical Assistance. You may contact (2) The remaining approximately $8 following additional information. Delores Pruden or Ophelia Wilson, million of FY 2000 funds will be Historically Black Colleges and awarded to HBCUs that have received I. Application Due Date, Application Universities Program, Office of the funding under such competitions Kits, Further Information, and Deputy Assistant Secretary for Grant (‘‘previously funded HBCUs’’). Technical Assistance Programs, Community Planning and Previously funded HBCUs are listed in Application Due Date. Your Development, Department of Housing Appendix C of this HBCU Program completed application is due on or and Urban Development, 451 Seventh section of the SuperNOFA. before 12:00 midnight, Eastern time, on St, SW, Washington, DC 20410; If recaptured funds are made May 10, 2000, at HUD Headquarters telephone (202) 708–1590. (This is not available, those funds will also be with a copy to the appropriate HUD a toll-free number.) If you have a divided proportionately between the CPD Field Office. hearing or speech impairment, you may two types of applicant funding pools; See the General Section of this access this number via TTY by calling i.e. one fifth to previously unfunded SuperNOFA for specific procedures the Federal Information Relay Service HBCUs and four fifths to previously covering the form of application toll-free at 1–800–877–8339. You may funded HBCUs. submission (e.g., mailed applications, also obtain information from the HUD HUD reserves the right to make express mail, overnight delivery, or Field Office located in your geographic awards for less than the maximum hand carried). area. Appendix A contains the names, amount or less than the amount Address for Submitting Applications. addresses and telephone numbers of the requested in a particular application. Your completed application consists of HUD Field Offices. For general Awards will be made in the form of one original and two copies of your information and information regarding grants. The maximum amount awarded application. Submit your original signed training on this HBCU Program section to previously unfunded applicants will application and one of the two copies to of the SuperNOFA, you can call the be up to $300,000 and the maximum the following address: Processing and SuperNOFA Information Center at 1– amount awarded to previously funded Control Branch, Office of Community 800-HUD–8929. applicants will be up to $400,000. Planning and Development, Department Satellite Broadcast. HUD will hold an However, should a previously unfunded of Housing and Urban Development, information broadcast via satellite for or funded HBCU propose activities to 451 Seventh Street, SW, Room 7251, potential applicants to learn more about address a past ‘‘Presidentially Declared Washington, DC, 20410. When the program and preparation of the Disaster’’, the HBCU may apply for up submitting your application, please refer application. For more information about to an additional $100,000 for eligible to the HBCU Program, and include your the date and time of the broadcast, you activities. For disasters declared during name, mailing address (including zip should consult the HUD web site at calendar years 1992 through 1999, an code) and telephone number (including http://www.hud.gov. HBCU may confirm or identify major area code). disaster areas (generally counties or Copies of Applications to HUD II. Amount Allocated independent cities) by looking up Offices. To facilitate processing and Approximately $10 million is being ‘‘Federally Declared Disasters’’ on the review of your application, submit one made available for funding under this Federal Emergency Management

VerDate 162000 23:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00111 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9432 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Agency’s web-site at www.fema.gov/ be rated, ranked, and selected two reasonable appraisals/estimates, library/drcys.htm. At HUD, more separately. from a qualified entity other than the information on disasters may be (C) Eligible Activities. (1) General. HBCU, of the cost to complete the obtained from Jan Opper. Mr. Opper can Each activity you propose for funding activities. This information is to be be reached on 202–708–3587. must meet both a Community submitted with your application. Such (B) Term of Grant. The maximum Development Block Grant (CDBG) an entity must be involved in the period for performance of your Program national objective AND the business of housing rehabilitation, proposed program under this CDBG eligibility requirements. Eligible construction, and/or management; SuperNOFA for the HBCU Program is 24 activities that may be funded under the (e) Relocation payments and other months. The performance period will HBCU Program are those activities assistance for permanently and commence on the effective date of your eligible for CDBG funding. The eligible temporarily relocated individuals, grant agreement. activities are listed in 24 CFR part 570, families, businesses, nonprofit subpart C, particularly §§ 570.201 organizations, and farm operations III. Program Description; Eligible through 570.206. Additionally, not less where the assistance is Applicants; Eligible Activities than 51% of the aggregated (i) Required under the provisions of (A) Program Description. expenditures of a grant must benefit low 24 CFR 570.606(b) or (c); or Approximately $10,000,000 is available and moderate income persons under the (ii) Determined by the grantee to be in funding for the Historically Black criteria specified in 24 CFR 570.208(a) appropriate under the provisions of 24 Colleges and Universities (HBCU) or 570.208(d)(5)or (6). CFR 570.606(d); Program. The HBCU Program assists (2) National Objectives. Each activity (f) Direct homeownership assistance HBCUs expand their role and that may be funded under this to low- and moderate-income persons, effectiveness in addressing community SuperNOFA for the HBCU Program as provided in section 105(a)(25) of the development needs in their localities, must meet one of the three national Housing and Community Development including neighborhood revitalization, objectives of the Community Act of 1974; (g) Special economic development housing, and economic development, Development Block Grant program which are: activities described at 24 CFR 570.203; consistent with the purposes of Title I (h) Assistance to facilitate economic of the Housing and Community (a) Benefit to low- or moderate-income development by providing technical or Development Act of 1974. persons; financial assistance for the (1) For the purposes of this program, (b) Aid in the prevention or elimination establishment, stabilization, and the term ‘‘locality’’ includes any city, of slums or blight; or expansion of microenterprises, county, town, township, parish, village, (c) Meet other community development including minority enterprises; or other general political subdivision of needs having a particular urgency (i) Establishment of a new or a State or the U.S. Virgin Islands within because existing conditions pose a stabilization of an existing Community which an HBCU is located. serious and immediate threat to the Development Corporation (CDC) to (2) If your HBCU is located in a health and welfare of the community, undertake or continue HBCU eligible metropolitan statistical area (MSA), as and other financial resources are not activities. If you are proposing a established by the Office of Management available to meet such needs. Community Development Corporation and Budget, you may consider your Criteria for determining whether an (CDC) component, it may qualify for locality to be one or more of these activity addresses one or more of these Community Based Development entities within the entire MSA. The objectives are provided at 24 CFR Organization (CBDO) activities; nature of the locality for each HBCU 570.208. This year, HUD is encouraging (j) Assistance to a (CBDO) to carry out may differ, therefore, depending on its HBCUs that want to provide CDBG a CDBG neighborhood revitalization, location. assistance in ‘‘Presidentially Declared community economic development, or (3) If the HBCU is proposing activities Disaster Areas’’ (beginning in 1992) to energy conservation project, in for the purpose of providing assistance consider funding eligible activities to accordance with 24 CFR 570.204. This to address a ‘‘Presidentially Declared address the damage within their could include activities in support of a Disaster’’, HUD may, in accordance with localities. HUD approved local entitlement grantee regulatory waiver standard (3) Examples of Eligible Activities. CDBG Neighborhood Revitalization requirements, grant a waiver of the Examples of activities that generally can Strategy (NRS) or HUD approved State locality restriction to allow the HBCU to be carried out with these funds include, CDBG Community Revitalization carry out disaster activities within the but are not limited to: Strategy (CRS); and entire area of the State in which the (a) Acquisition of real property; (k) Eligible public service activities, HBCU is located. (b) Clearance and demolition; including activities that provide a (4) A ‘‘target area’’ is the locality or (c) Rehabilitation of residential continuum of care for the homeless; the area within the locality in which structures including lead-based paint adult basic education classes; GED your HBCU will implement its proposed hazard evaluation and reduction; and preparation and testing; HBCU HUD grant activities. making accessibility and visitability curriculum development of courses (B) Eligible Applicants. Only HBCUs modifications in accordance with the which will lead to a certificate or degree as determined by the Department of requirements of section 504 of the in community planning and Education in 34 CFR 608.2 in Rehabilitation Act of 1973; development; job and career counseling accordance with that Department’s (d) Acquisition, construction, and assessment; citizen participation responsibilities under Executive Order reconstruction, rehabilitation, or academies, and public access 12876, dated November 1, 1993, are installation of public facilities and telecommunications centers; social and eligible for funding under the HBCU improvements, such as water and sewer medical services; and/ or other support Program. As indicated in Section facilities and streets; activities for low- and moderate-income II(A)(1) and (2), funds available under If you are proposing to undertake any residents, senior citizens and youth, this program will be split between two of the activities listed in (a) through (d), including the U.S. Department of classes of HBCU applicant, which will you will be required to provide at least Education’s Gaining Early Awareness

VerDate 162000 23:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00112 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9433 and Readiness for Undergraduate housing. We also encourage you, Section of this SuperNOFA, you are Programs (GEAR UP). (For more whenever feasible, to propose subject to the following requirements: information regarding GEAR UP, call 1– implementing activities in a Federally- (A) Leveraging. Although a match is 800–USA–LEARN or visit the designated Urban or Rural (HUD or not required to qualify for funding, Department of Education’s website at Department of Agriculture) applicants that provide letters www.ed.gov); Empowerment Zone, Urban or Rural evidencing a firm commitment from (l) Fair housing services designed to Enterprise Community (EZ or EC), or a other Federal (e.g., Americorps further the fair housing objectives of the HUD-approved local CDBG Programs), State, local, and/or private Fair Housing Act (42 U.S.C. 3601–20) by Neighborhood Revitalization Strategy sources to provide funding, and/or in- making all persons, without regard to Area or HUD-approved State CDBG kind goods or services to implement the race, color, religion, sex, national origin, Community Revitalization Strategy proposed activities will receive points family status and/or disability aware of Area. under Rating Factor 4. These letters the range of housing opportunities (4) Use of Grant Funds for the must be dated no earlier than the date available to them; and Provision of Public Services. If you plan of this published SuperNOFA. If you do (m) Payment of reasonable grant to use grant funds to provide public not have evidence of leveraging, you administrative costs and carrying services, you are bound by the CDBG will receive zero (0) points for Rating charges related to the planning and statutory requirement that not more Factor 4. execution of community development than 15% of the total grant amount be Potential Sources of Assistance activities assisted in whole or in part used for public service activities that • Federal, State and local governments with grant funds. HBCU program benefit low and moderate income • Housing Authorities administrative costs may include persons. Therefore, you must propose to • Local or national nonprofit capacity building to enhance your HUD use at least 85% of the grant amount for organizations HBCU previously funded activities, activities qualifying under an eligibility • Banks and private businesses and/or the creation of new activities category other than public services (as • Foundations under this HUD HBCU grant. described at 24 CFR 570.201(e)). For • Faith Based Communities Administrative activities in connection example, while HUD encourages HBCUs • The HBCU with strengthening previous and new to use a portion of their grant funds for For each match, cash or in kind activities include hiring staff, curriculum development of courses that contribution to your program, you must supporting and training existing staff, would lead to a certificate or degree in submit a letter from the provider on the providing software and other tools to community planning and development, provider’s letterhead. A firm provide administrative capability. this activity is considered a public To enhance the program delivery commitment letter should address the service and subject to the public service following: capacity of HBCUs eligible under this cap of 15%. • SuperNOFA, you may propose to use up The cash amount contributed or (5) Partnering With A Qualified dollar value of the in-kind goods and/ to 10% of your award funds to acquire Previously Funded HBCU. In order to technical assistance (TA) from a or services committed; foster further partnerships between • How the match is to be used; qualified TA provider to assist in HBCUs, you are encouraged to propose • implementing your proposed activities. The date the match will be made using a portion of the award funds to available and a statement that it will While you are responsible for ensuring acquire technical assistance from a that potential TA providers are be for the duration of the grant period; qualified previously funded HBCU to • Any terms and conditions affecting qualified, we believe that the most assist you to develop and implement the qualified providers would be entities/ the commitment, other than receipt of proposed activities. The cost for the a HUD HBCU Grant; and organizations that have demonstrated technical assistance must be for post • the expertise and capacity to The signature of the appropriate award assistance and must be deemed executive officer authorized to successfully conceptualize, develop and by HUD as necessary and reasonable for implement community and economic commit the funds and/or goods and/ the purposes of your grant. Under no or services. development projects and initiatives circumstances may you propose to use similar to those you propose. Previously more than 10 percent of the total HUD (B) Employment of Local Area unfunded HBCUs are particularly grant (not including matching funds, if Residents (Section 3). Please see Section encouraged to consider acquiring any) to purchase program activity II(E) of the General Section of this technical assistance from a qualified technical assistance. SuperNOFA. The requirements are previously funded HBCU, as described If you propose an activity which applicable to certain activities that may in the paragraph below entitled otherwise is eligible it may not be be funded under this program section of ‘‘Partnering With A Qualified funded if State or local law requires that the SuperNOFA. Previously Funded HBCU.’’ it be carried out by a governmental (C) Labor Standards. If you are (3) Activities Designed to Promote entity. awarded a grant, you must comply with Training and Employment The CDBG Publication entitled the labor standards as found at 24 CFR Opportunities. In selecting proposed ‘‘Everything You Wanted to Know 570.603. eligible activities, we urge you to About CDBG’’ discusses the regulations, (D) OMB Circulars. Your grant will be consider undertaking activities designed and a copy can be ordered from HUD’s governed by: (1) OMB Circular A–21 to promote opportunities for training SuperNOFA Information Center at 1– entitled ‘‘Cost Principles for Educational and employment of low-income 800–HUD–8929 or 1–800–HUD–2209 Institutions’’; (2) OMB Circular A–133 residents in connection with HUD for the hearing impaired. entitled ‘‘Audits of States, Local initiatives such as ‘‘Twenty/20 (D) Ineligible CDBG Activities are Governments, and Non-Profit Education Communities (TEC) formerly listed at § 570.207. Organizations’’; and (3) the provisions known as the Campus of Learners’’ of 24 CFR part 84 entitled ‘‘Grants and (COL) in public housing and IV. Program Requirements Agreements with Institutions of Higher ‘‘Neighborhood Networks’’ (NN) in In addition to the program Education, Hospitals and Other other Federally-assisted or insured requirements listed in the General Nonprofit Organizations. You can access

VerDate 162000 23:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00113 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9434 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices the OMB Circulars at the White House part 84 and provides your approved Appendix D. HUD will consider your website at http://whitehouse.gov/wh/ fringe benefit and overhead rates. performance, including meeting eop/omb/html/circulars. (B) Factors For Award Used To established target dates and schedules, Evaluate and Rate Applications. HUD in applying the rating for this subfactor. V. Application Selection Process will use the Factors For Award set forth (A) Rating and Ranking. (1) Threshold below to evaluate applications. Your Rating Factor 2: Need/Extent of the Review. HUD will conduct a review to application must contain sufficient Problem (15 Points) insure that applications are complete information for HUD to review it for its This factor addresses the extent to and consistent with the threshold merits. The score for each factor will be which there is a need for funding your requirements of Section II(B), based on the qualitative and proposed program activities and an Compliance with Fair Housing and Civil quantitative aspects of your response to indication of the importance of meeting Rights Laws, of the General Section of that factor. You are not to exceed a total the need in the target area. In the SuperNOFA, this HBCU Program of twenty-five (25) pages to respond to responding to this factor, you will be section of the SuperNOFA and the Rating Factor 1 through 5. This evaluated on the extent to which you HBCU Program regulations (24 CFR limitation applies to your narrative document the level of need for the 570.404) before reviewing the response, tables, and maps, and NOT to proposed activities and the importance application for rating and ranking. The firm commiment letters, the of meeting the need. General Section of the SuperNOFA performance narrative and progress You should use statistics and analyses provides the procedures for corrections reports for previously funded HBCUs. contained in one or more data sources to deficient applications. The maximum number of points that that are sound and reliable. To the (2) Funding of Applications. To be may be awarded is 102. This includes extent that your community’s considered for funding, your application two EZ/EC bonus points, as described in Consolidated Plan and Analysis of must receive a minimum score of 70 out the General Section of the SuperNOFA. Impediments to Fair Housing Choice of the possible total of 100 points (AI) identify the level of the problem possible for Factors 1 through 5. In Rating Factor 1: Capacity of the and the urgency in meeting the need, addition, two bonus points may be Applicant and Relevant Organizational you should include references to these awarded for EZ/EC, as described in the Experience (15 Points) documents in your response to this General Section of the SuperNOFA. This factor addresses the extent to factor. If your proposed activities are not Within each category of eligible which you have the organizational covered under the scope of the applicant, HUD will fund applications resources necessary to successfully Consolidated Plan and AI, you should in rank order, until it has awarded all implement your proposed activities in a indicate such, and use other sound data available funds for that category of timely manner. In rating this factor, sources to identify the level of need and applicant, or until there are no fundable HUD will consider the extent to which: the urgency in meeting the need. Types applications remaining in that category. (1) Knowledge and Experience. (5 of other sources include, but are not If there is a tie in the point scores of two Points for previously funded applicants limited to, Census reports, HUD’s applications, the rank order will be and 15 Points for previously unfunded Continuum of Care gaps analysis, law determined by the score on Rating applicants). Your application enforcement agency crime reports, Factor 3, 4, 2, 1, 5 in that order. HUD demonstrates the knowledge and Public Housing Authorities’ will give the higher rank to the experience of the overall project director Comprehensive Plan, community needs application with the most points for a and staff, including the day-to-day analysis such as provided by the United factor in the above order. program manager, consultants Way, local Urban League, the HBCU and If funds remain after approving all (including technical assistance other sound and reliable sources fundable applications within a category providers) and contractors in planning appropriate for the HBCU program. You of applicants, HUD may choose to add and managing the kinds of programs for also may address needs in terms of those funds to the funds available for which funding is being requested. fulfilling court orders or consent the other category of applicants. Experience will be judged in terms of decrees, settlements, conciliation (3) After Selection. After selection, but recent, relevant and successful agreements, and voluntary compliance prior to award, you will be required to: experience of your staff to undertake agreements. (a) Negotiate. After HUD has rated and eligible program activities. In rating this To the extent possible, the data you ranked all applications and HUD has factor, HUD will consider the extent to use should be specific to the area where selected the competition winners, HUD which your organization and staff have your proposed activities will be carried requires that all winners participate in recent, relevant, and successful out. You should document needs as negotiations to determine the specific experience in: they apply to the area where the terms of the Statement of Work and the (a) Undertaking specific successful activities will be targeted, rather than final grant budget. HUD will follow the community development projects with the entire locality or State, unless the negotiation procedures described in community-based organizations or local target area is the entire locality or State. Section III(D) of the General Section of governments; and the SuperNOFA. (b) Providing proven leadership in Rating Factor 3: Soundness of (b) Provide Financial Management solving community problems which Approach (50 Points) and Audit Information. If you are have a direct bearing on the proposed This factor addresses the quality and selected for funding, you will be activity. cost-effectiveness of your proposed required to submit a copy of your most (2) Past Performance (10 Points for work plan, the commitment of your recent audit from an Independent Public previously funded applicants) For institution to sustain the proposed Accountant, or the cognizant previously funded HBCUs, the extent to activities, and your actions regarding government auditor, stating that your which you have been successful with Affirmatively Furthering Fair Housing. financial management system meets past HUD/HBCU projects. For each HUD (1) Quality of the Work Plan (35 Points) prescribed standards for fund control HBCU grant, you must submit copies of (a) Work Plan Impact (15 Points) and accountability required by OMB the last two progress reports and a Describe how your proposed activities Circular A–133, as codified at 24 CFR performance narrative as outlined in will:

VerDate 162000 00:05 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00114 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9435

(i) Expand the role of the HBCU in its (COL)), and linking programs to In evaluating this factor, HUD will community; Americorps activities; and consider the extent to which your (ii) Alleviate and/or fulfill the needs (v) The Partnership for Advancing budget is consistent with the Work Plan identified in Factor 2; Technology in the Housing (PATH) and the dollars indicated on the (iii) Relate to and not duplicate other Initiative. Standard Form (SF) 424. Your budget activities in the target area. Duplicative The Healthy Homes initiative submission must include: efforts will be acceptable, if you are able implements a series of activities to (i) A budget summary covering the to demonstrate that there is a population protect children from home hazards Federal and non-Federal share of the in need that is not being served; such as lead-based paint, radon, fires costs proposed by cost category (iv) Involve and empower the citizens and accidents around the home. (Appendix D). You should pay of the target area; and The Neighborhood Networks (NN) particular attention to accurately (v) Be disseminated to a wide variety initiative enhances the self-sufficiency, estimating costs, determining the of audiences, both academic and employability, and economic self- necessity for and reasonableness of community-based, using a wide variety reliance of low-income families and the costs; and correctly computing all of media, including print and Internet elderly living in HUD-insured and HUD- budget items and totals. Indirect costs technology. assisted properties by providing such must be substantiated and approved by (b) Specific Services and/or Activities. residents with on-site access to the cognizant Federal agency or you (15 Points) Your work plan must computer and training resources. must provide an indirect cost rate plan. The Twenty/20 Education The indirect cost rate should be incorporate all proposed activities. HUD Communities (TEC) (formerly known as indicated in your budget; will consider the feasibility of success of the Campus of Learners (COL)) initiative (ii) A budget justification, which your program, the measurable is designed to transform public housing should be a narrative statement objectives, and how timely your into safe and livable communities where indicating how you arrived at your products will be delivered. families undertake training in new costs. When possible, you should use Describe each proposed activity, and telecommunications and computer quotes from vendors or historical data. the tasks required to implement and technology and partake in educational You must support all direct labor and complete the activity. If relocation is to opportunities and job training salaries with mandated city/state pay be a part of your work activities, you initiatives. scales or other documentation; and should discuss your plan for temporary The Partnership for Advancing (iii) A budget-by-activity (Appendix or permanent relocation of occupants of Technology in the Housing (PATH) D) which includes a listing of tasks to units affected, including storage or Initiative is a voluntary public/private be completed for each activity needed to moving of household goods, stipends partnership that seeks to speed the implement the program, the overall and/or incentives. creation and widespread use of costs for each activity, and the cost for Also, for each activity, describe: advanced technologies in order to each funding source. (i) How it meets a CDBG national radically improve the quality, You must submit at least two objective; durability, energy efficiency, and reasonable appraisals/estimates (ii) The sequence, duration, and the environmental performance and supplied by qualified entities other than products to be delivered in 6 month affordability of housing. For more the HBCU if you are proposing to do any intervals, up to 24 months. You should information, you can go to the PATH of the following: acquisition of real indicate which staff member, described website at www.pathnet.org. property; clearance and demolition; in your response to Factor 1, will be (2) Institutionalization of Project rehabilitation of residential, commercial responsible and accountable for the Activities (10 Points) The extent to and/or industrial structures; and/or deliverables; and which your project will result in the acquisition, construction, or installation (iii) Measurable objectives to be kinds of activities that will be sustained of public facilities and improvements. accomplished e.g. the number of: by the HBCU by becoming part of the You may obtain guidance for securing persons to be trained and employed; mission of the HBCU. HUD will look at these estimates from the CPD Director in houses to be built (pursuant to 24 CFR your monetary commitment to the HUD field office or the local 570.207) or rehabilitated; minority continuing to work in the target area or government. owned businesses to be started, etc. other similar areas and to your longer (c) HUD Priorities. (5 Points) The Rating Factor 4: Leveraging Resources term commitment of hard dollars to (10 Points) extent to which your proposed similar work. application will further and support the (3) Affirmatively Furthering Fair This factor addresses your ability to policy priorities of HUD including: Housing (5 Points) The extent to which secure resources which can be (i) Promoting healthy homes; you propose to undertake activities combined with HUD program funds to (ii) Providing opportunities for self- designed to affirmatively further fair implement the proposed activities. sufficiency, particularly for persons housing, for example: In evaluating this factor, HUD will enrolled in welfare-to-work programs; (a) Working with other entities in the consider the extent to which you have (iii) Enhancing on-going efforts to community to overcome impediments to secured firm commitments for eliminate drugs and crime from fair housing, such as discrimination in additional resources to increase the neighborhoods through program policy the sale or rental of housing or in effectiveness of your proposed efforts such as ‘‘One Strike and You Are advertising, provision of brokerage activities. Resources may include Out’’ or the ‘‘Officer Next Door’’ services, or lending; funding or in-kind contributions, such initiative; (b) Promoting fair housing through the as services or equipment, allocated (iv) Providing educational, job expansion of homeownership solely for the purpose(s) of the award training, and homeownership opportunities and improved quality of you are seeking. A higher number of opportunities through such initiatives as services for minorities, families with points will be awarded for a cash match Neighborhood Networks and Twenty/20 children, and persons with disabilities; than in-kind goods or services of the Education Communities (TEC) (formerly or same value. The maximum number of known as the Campus of Learners (c) Providing mobility counseling. rating points you can receive for

VerDate 162000 00:05 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00115 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9436 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices leveraging is ten (10). If you do not have can be found in Appendix B to the (D) Application Checklist (Appendix evidence of a firm commitment you will General Section of the SuperNOFA. The D). receive zero points for this factor. Use remaining application items that are (E) Abstract/Executive Summary (one the format in Appendix D, to respond to forms (i.e., excluding such items as page limit) describing the goals and this factor. narratives), referred to as the ‘‘non- activities of your project. standard forms’’ can be found in (F) Narrative Statement Responding Rating Factor 5: Comprehensiveness Appendix D to this program section of and Coordination (10 Points) To The Factors For Award (25 page the SuperNOFA. limit, including tables and maps, but This factor addresses the extent to The standard forms applicable to the not including firm commitment letters, which you have coordinated your HBCU application are as follows: the performance narrative and progress activities with other known (1) Standard Form SF–424, Application reports). The narrative should be organizations, participate or promote for Federal Assistance. numbered in accordance with each participation in your community’s (2) Standard Form SF–424B, Assurances factor and subfactor. Consolidated Planning process, and are for Non-Construction Programs. Please note that all certification forms working towards addressing a need in a (3) Form HUD–HUD–50070, must be signed by the authorized holistic and comprehensive manner Certification for a Drug-Free certifying official. through linkages with other activities in Workplace. Also, HUD will not consider the community. For specific information (4) Form HUD–50071, Certification of appendices to an application. You must about your locality’s planning process, Payments to Influence Federal submit your documentation, including contact the local or State Community Transactions. If you did do any firm commitment letters, the Development Agency or the local HUD lobbying then you must also performance narrative and progress Field Office. complete the Certification and reports, with your responses to the In evaluating this factor, HUD will Disclosure Form Regarding pertinent factors in order to receive consider the extent to which you Lobbying (SF-LLL). points for it. demonstrate you have: (5) Form HUD–2880, Applicant/ (1) (4 points) Coordinated your Recipient Disclosure Update VII. Corrections to Deficient proposed activities with those of other Report. Applications groups or organizations before (6) Form HUD–2992, Certification submission in order to best Regarding Debarment and The General Section of the complement, support and coordinate all Suspension. This certification is SuperNOFA provides the procedures for known activities, and if funded, the required by 24 CFR 24.510. (The corrections to deficient applications. specific steps you will take to share provisions of 24 CFR part 24 apply VIII. Environmental Requirements information on solutions and outcomes to the employment, engagement of Selection for award does not with others. You should describe any services, awarding of contracts, constitute approval of any proposed written agreements, memoranda of subgrants, or funding of any sites. Following selection for award, understanding in place, or that will be recipients, or contractors or HUD will perform an environmental in place after award. subcontractors, during any period (2) (3 points) Taken or will take of debarment, suspension, or review of activities proposed for specific steps to become active in the placement in ineligibility status, assistance under this program part, in community’s Consolidated Planning and a certification is required.) accordance with 24 CFR part 50. The process (including the Analysis of (7) Form HUD–2991, Certification of results of the environmental review may Impediments to Fair Housing Choice) Consistency with the Consolidated require that your proposed activities be established to identify and address a Plan; and modified or that your proposed sites be need/problem that is related to your (8) Form HUD–2990, Certification of rejected. You are particularly cautioned proposed activities. Consistency with the EZ/EC not to undertake or commit funds for (3) (3 points) Taken or will take Strategic Plan. EZ/EC bonus points acquisition or development of proposed specific steps to develop linkages to will only be awarded when the properties prior to HUD approval of coordinate comprehensive solutions HBCU is located within the specific properties or areas. Your through meetings, information geographic boundaries of a HUD or application constitutes an assurance networks, planning processes or other Department of Agriculture EZ/EC. If that your institution will assist HUD to mechanisms with: applicable, you will need to comply with part 50; will supply HUD (a) Other HUD-funded projects/ indicate on this form if the college with all available and relevant activities outside the scope of those or university is located within the information to perform an covered by the Consolidated Plan; and geographic boundaries of the EZ/ environmental review for each proposed (b) Other Federal, State or locally EC. property; will carry out mitigating funded activities, including those (B) Transmittal Letter. A transmittal measures required by HUD or select an proposed or on-going in the community. letter must accompany your application. alternate property; and will not acquire, Your cover letter must be signed by the rehabilitate, convert, lease, repair or VI. Application Submission Chief Executive Officer (usually the construct property and not commit or Requirements President or Provost) of your institution. expend HUD or local funds for these (A) Forms, Certifications and If the Chief Executive Officer has program activities with respect to any Assurances. Your application must delegated this responsibility to another eligible property, until HUD approval of contain the items listed in this Section official, that person may sign, but a copy the property is received. In supplying VI. These items include the standard of the delegation must also be included. HUD with environmental information, forms, certifications, and assurances (C) Letter Certifying Local Approval. you should use the same guidance as listed in the General Section of the This letter certifies that the jurisdiction provided in the HUD Handbook entitled SuperNOFA that are applicable to this in which your activities will take place ‘‘Field Environmental Review funding (collectively referred to as the approve the implementation of your Processing for HUD Colonias Initiative ‘‘standard forms’’). The standard forms activities. Grants,’’ issued January 27, 1998.

VerDate 162000 23:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00116 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9437

IX. Authority Charles T. Ferebee, Koger Building, 2306 Morris College West Meadowview Rd, Greensboro, NC Tennessee This program is authorized under 27407–3707, 336–547–4005 Knoxville College section 107(b)(3) of the Housing and James Nichol, Southern Bell Tower, 301 West Lane College Community Development Act of 1974 Bay Street, Suite 2200, Jacksonville, FL Meharry Medical College (42 U.S.C. 5307(b)(3)), which was added 32202–5121, 904–232–1777 Tennessee State University by section 105 of the Department of Louis E. Bradley, Strom Thurmond Federal Texas Building, 1835 Assembly Street, Columbia, Jarvis Christian College Housing and Urban Development SC 29201–2480, 803–765–5564 Southwestern Christian College Reform Act of 1989 (Pub.L. 101–235, Virginia Peck, John J. Duncan Federal Virginia approved December 15, 1989). The Building, 710 Locust Street SW, Third Virginia Union University HBCU Program is governed by Floor, Knoxville, TN 37902–2526, 423– West Virginia regulations contained in 24 CFR 570.400 545–4391 Bluefield State College and 570.404, and in 24 CFR part 570, Katie Worsham, 801 Cherry Street, Fort U.S. Virgin Islands subparts A, C, J, K, and O. Worth, TX 76102, 817–978–5933 University of the Virgin Islands John T. Maldonado, Washington Square, 800 Appendix C—Historically Black Colleges Appendices to the HBCU NOFA Dolorosa Street, San Antonio, TX 78207– and Universities Previously Funded by HUD 4563, 210–475–6820 During Fiscal Years 1991–1999 A Field Office Community Planning and Joseph K. Aversano, The 3600 Centre, 3600 Development; Directors With West Broad Street, Richmond, VA 23230– Alabama Historically Black Colleges And 4920, 804–278–4539 Alabama A&M University Universities; Located Within Their Ronald J. Herbert, 820 First Street NE, Suite Alabama State University Jurisdiction 450, Washington, DC 20002–4205, 202– Bishop State Community College 275–0994 Gadsden State Community College B Historically Black Colleges and Lynn Daniels, 339 Sixth Avenue, Sixth Floor, Oakwood College Universities Previously; Unfunded Pittsburgh, PA 15222–2512, 412–644–2999 Stillman College By HUD During Fiscal Years 1991– Jack Johnson, 909 SE First Avenue, Room Talladega College 1999 500, Miami, FL 33131–3028, 305–536– Tuskegee University C Historically Black Colleges and 4431 Arkansa Universities Previously; Funded By Carmen R. Cabrera, New San Juan Office Arkansas Baptist College Philander Smith College HUD During Fiscal Years 1991– Building, 159 Carlos E. Chardon Avenue, San Juan, PR 00918–0903, 787–766–5576 University of Arkansas at Pine Bluff 1999 District of Columbia D HBCU Application Forms Appendix B—Historically Black Colleges Howard University and Universities, Previously Unfunded By University of the District of Columbia Appendix A—Community Planning and HUD During Fiscal Years 1991–1999 Florida Development (CPD) Directors with Alabama Bethune-Cookman College Historically Black Colleges and Universities Concordia College Florida A&M University Located within their Jurisdiction Fredd State Technical College Georgia Harold Cole, Beacon Ridge Tower, Beacon Lawson State Community College Albany State University Parkway West, Suite 300, Birmingham, AL Miles College Clark Atlanta University 35209–3144 205–290–7630 Selma University Fort Valley State University Anne Golnik, TCBY Tower, 425 West Capitol J.F. Drake Technical College Interdenominational Theological Center Avenue, Suite 900, Little Rock, AR 72201– Trenholm State Technical College Morehouse College 3488, 501–324–6375 Arkansas Morris Brown College John Perry, Richard B. Russell Federal Shorter College Savannah State University Building, 49 Marietta Street-Five Points Delaware Spelman College Plaza, Atlanta, GA 30303-2806, 404–331– Delaware State University Kentucky 5139 Florida Kentucky State University Lana Vacha, 200 North High Street, Edward Waters College Louisiana Columbus, OH 43215–2499, 614–469–6743 Florida Memorial College Grambling State University David Long, 500 West Main Street, Suite 400, Georgia Southern University A&M College System Oklahoma City, OK 73102, 405–553–7571 Morehouse School of Medicine at Baton Rouge Joyce Gaskins, the Wanamaker Building, 100 Paine College Southern University at New Orleans Penn Square East, Philadelphia, PA 19107– Louisiana Xavier University of New Orleans 3380, 215–656–0624 Dillard University Maryland Ben Cook, 601 West Broadway, PO Box 1044, Southern University at Shreveport/Bossier Bowie State University Louisville, KY 40201–1044, 502–582–6141 City Coppin State College Gregory Hamilton, Hale Boggs Federal Maryland Morgan State University Building, 501 Magazine Street, 9th Floor, University Of Maryland Eastern Shore Mississippi New Orleans, LA 70130–3099, 504–589– Michigan Alcorn State University 7212 Lewis College of Business Coahoma Community College Joseph O’Connor, City Crescent Building, 10 Mississippi Jackson State University South Howard Street, 5th Floor, Baltimore, Hinds Community College Mississippi Valley State University MD 21201–2505, 410–962–2520 Mary Holmes College Rust College Emerson Sherrod, Acting, Patrick V. North Carolina Tougaloo College McNamara Federal Building, 47 Michigan Barber-Scotia College Missouri Avenue, Detroit, MI 48226-2592, 313–226– Livingstone College Harris-Stowe State College 7908 Ohio Lincoln University Linda Tynes, Acting, Doctor A. H. McCoy Wilberforce University North Carolina Federal Building, 100 West Capitol Street, Pennsylvania Bennett College Room 910 Jackson, MS 39269–1096, 601– Cheyney University of Pennsylvania Elizabeth City State University 965–4765 South Carolina Fayetteville State University Ann Wiedl, Robert A. Young Federal Allen University Johnson C. Smith University Building, 1222 Spruce Street, Third Floor, Clinton Junior College North Carolina A&T State University St. Louis, MO 63103–2836, 314–539–6524 Denmark Technical College North Carolina Central University

VerDate 162000 23:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00117 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9438 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

St. Augustine’s College Claflin College Texas Southern University Shaw University South Carolina State University Texas College Winston-Salem State University Voorhees College Wiley College Ohio Tennessee Virginia Central State University Fisk University Hampton University Oklahoma Lemoyne-Owen College Norfolk State University Langston University Texas Saint Paul’s College Pennsylvania Huston-Tillotson College Virginia State University Lincoln University Paul Quinn College West Virginia South Carolina Prairie View A&M University West Virginia State University Benedict College Saint Philip’s College BILLING CODE 4210±32±P

VerDate 162000 23:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00118 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9439

APPENDIX D The non-standard forms, which follow, are required for your HBCU application.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00119 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9440 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00120 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9441

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00121 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9442 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00122 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9443

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00123 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9444 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00124 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9445

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00125 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9446 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00126 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9447

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00127 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9448 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00128 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9449

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00129 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9450 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00130 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9451

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00131 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9452 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00132 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9453

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00133 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9454 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00134 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9455

BILLING CODE 4210±32±C

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00135 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00136 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9457

FUNDING AVAILABILITY FOR THE want evaluated. Only one application III. Program Description; Eligible HISPANIC-SERVING INSTITUTIONS may be evaluated. If you do not respond Applicants; Eligible Activities ASSISTING COMMUNITIES within the stipulated cure period (see (A) Program Description. The purpose PROGRAM (HSIAC) Section V of the General Section of this of HSIAC is to assist HSIs expand their Program Overview SuperNOFA), all of your applications role and effectiveness in addressing will be disqualified. You should take community development needs in their Purpose of the Program. To assist this policy into account and take steps localities, including neighborhood Hispanic-serving institutions of higher to ensure that multiple applications are revitalization, housing, and economic education (HSIs) expand their role and not submitted. development. effectiveness in addressing community For Application Kits. For an (1) For the purposes of this program, development needs in their localities, application kit and any supplemental the term ‘‘locality’’ includes any city, consistent with the purposes of Title I material, you should call the county, township, parish, village, or of the Housing and Community SuperNOFA Information Center at 1– other general political subdivision of a Development Act of 1974, as amended. 800–HUD–8929. If you have a hearing or State, Puerto Rico, or the U.S. Virgin Available Funds. Approximately $6.5 speech impairment, please call the Islands within which your HSI is million. Center’s TTY number at 1–800–HUD– located. Eligible Applicants: Only nonprofit 2209. When requesting an application (2) A ‘‘target area’’ is the locality or Hispanic-serving institutions of higher kit, you should refer to HSIAC and the area within the locality in which education that meet the definition of an provide your name and address your institution will implement its HSI established in Title V of the 1998 (including zip code) and telephone proposed HUD grant. Amendments to the Higher Education number (including area code). You may (B) Eligible Applicants. Only if your Act of 1965 (Pub.L. 105–244; enacted also access the application on the institution is a nonprofit institution of October 7, 1998). Internet through the HUD web site at higher education and meets the Application Deadline. May 10, 2000. www.hud.gov. statutory definition of an HSI in Title V Match. None. For Further Information and of the 1998 Amendments to the Higher Technical Assistance. You may contact ADDITIONAL INFORMATION Education Act of 1965 (Pub. L. 105–244) Jane Karadbil of HUD’s Office of are you eligible to apply. In order for If you are interested in applying for University Partnerships at 202–708– you to meet this definition, at least 25 funds under the Hispanic-serving 1537, extension 5918. If you have a percent of the full-time undergraduate Institutions Assisting Communities hearing or speech impairment, you may students enrolled in your institution Program (HSIAC), please review access this number via TTY by calling must be Hispanic and not less than 50 carefully the General Section of this the Federal Information Relay Service percent of these Hispanic students must SuperNOFA and the following toll-free at 1–800–877–8339. You may be low-income individuals. You are not additional information. also write to Ms. Karadbil via email at required to be on the list of eligible l l I. Application Due Date, Application Jane R. [email protected]. institutions prepared by the U.S. Kits, Further Information, and Satellite Broadcast. HUD will hold an Department of Education. However, if Technical Assistance information broadcast via satellite for you are not, you will be required to potential applicants to learn more about certify in the application that you meet Application Due Date. Your the program and preparation of the the statutory definition. If you are one completed application is due on or application. For more information about of several campuses of the same before 12:00 midnight, Eastern time, on the date and time of the broadcast, you institution, you may apply separately May 10, 2000 at HUD Headquarters. should consult the HUD web site at from the other campuses as long as your See the General Section of this http://www.hud.gov. campus has a separate administrative SuperNOFA for specific procedures II. Amount Allocated structure and budget from the other covering the form of the application campuses. In addition, in order to fund submission (e.g., mailed applications, Approximately $6.5 million in FY as many different HSIs as possible, you express mail, overnight delivery, or 2000 funds is being made available can only apply if you did not receive an hand carried). under this SuperNOFA for HSIAC. Of HSIAC grant in FY 1999. Address for Submitting Applications. this amount, approximately $50,000 is (C) Eligible Activities. (1) General. Your completed application consists of being set aside to correct a funding error Each activity you propose for funding an original signed application and two for one of the FY 1999 grantees. must meet both a Community copies of the application. Submit your The maximum grant period is 24 Development Block Grant Program completed application to the following months. The performance period will (CDBG) national objective and the CDBG address: commence on the effective date of the eligibility requirements. A discussion of Processing and Control Branch, Office grant agreement. the national objectives can be found at of Community Planning and The maximum amount to be 24 CFR part 570.208. There are three Development, Department of Housing requested and awarded is $400,000. national objectives: and Urban Development, 451 Seventh Since the Statement of Work and other (a) Benefit to low- and moderate- Street, SW, Room 7251, Washington, facets of the technical review are income persons; DC, 20410. When submitting your assessed in the context of the proposed (b) Aid in the prevention or application, please refer to HSIAC and budget and grant request, and in the elimination of slums or blight; or include your name, mailing address interest of fairness to all applicants, if (c) Meet other community (including zip code) and telephone you submit an application requesting development needs having a particular number (including area code). more than $400,000 in HUD funds, the urgency because existing conditions HUD will accept only one application application will be ruled ineligible. pose a serious and immediate threat to per HSI campus for this program. If your HUD reserves the right to make awards the health and welfare of the institution submits more than one for less than the maximum amount or community, and other financial application, per campus, HUD will ask less than the amount requested in your resources are not available to meet such you to identify which application you application. needs.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00137 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9458 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(You must ensure that of your Housing and Community Development (iv) Job and career counseling, aggregate grant expenditures under Act of 1974; assessment, training, and other activities paragraphs (a), (b), and (c) above, at (e) Acquisition, construction, designed to promote employment least 51% are for activities benefiting reconstruction, rehabilitation, or opportunities, not related to special low- and moderate-income persons.) installation of public facilities and economic development activities; You can find the regulations improvements, such as water and sewer (v) Capacity building for community governing activities eligible under the facilities and streets; organizations; CDBG program at 24 CFR part 570, (f) Relocation payments and other (vi) Social and medical services for subpart C, particularly §§ 570.201 assistance for temporarily and youths, adults, senior citizens, and the through 570.206. Ineligible activities are permanently relocated individuals, homeless; listed at § 570.207. The CDBG families, businesses, and non-profit (vii) Fair housing services designed to publication entitled ‘‘Everything You organizations where the assistance is: further the fair housing objectives of the Wanted to Know About CDBG’’ (1) Required under the provision of 24 Fair Housing Act (42 U.S.C. 3601–20) by discusses the regulations. You can CFR 570.606 (b) or (c); or making all persons, without regard to obtain a copy from the SuperNOFA (2) Determined by your institution to race, color, religion, sex, national origin, Information Center. If you propose an be appropriate under the provisions of familial status and/or disability aware of activity which otherwise is eligible, it 24 CFR 570.606(d). the range of housing opportunities may not be funded if State or local law (g) Lead-based paint hazard reduction, available to them; requires that it be carried out by a pursuant to the CDBG regulations; (viii) Day care services and costs for governmental entity. (h) Special economic development the children of students attending your In addition, you may not propose the activities described at 24 CFR 570.203, institution; construction or rehabilitation of your including activities designed to promote (ix) Continuum of care services for the institution’s facilities unless you can training and employment opportunities; homeless; demonstrate that such activities would (i) Assistance to facilitate economic (x) Public access telecommunications meet the purpose of this program to development by providing technical centers including Twenty/20 Education expand the role and effectiveness of an assistance or financial assistance for the Communities (formerly known as HSI in its locality. HUD will scrutinize establishment, stabilization, and Campus of Learners) and Neighborhood proposed activities for eligibility. As expansion of microenterprises, Networks; examples of eligible and ineligible on- including minority enterprises. (xi) Activities to use HUD’s campus activities, rehabilitating a (j) Assistance to community-based Partnership for Advancing Technology library for use by your students would development organizations (CBDO) to in Housing (PATH) technology; not be an eligible activity, but carry out a CDBG neighborhood (xii) Services to assist low-income rehabilitating it to convert it to a micro- revitalization, community economic students to attend college, as part of the business enterprise center for the development, or energy conservation U.S. Department of Education’s Gaining community would be; or as another project, in accordance with 24 CFR Awareness and Readiness for example, just undertaking your normal 570.204. This could include activities in Undergraduate Program (GEAR UP). activities (e.g., offering English as a support of a HUD approved local CDBG (For more information, call 1–800-USA- Second Language classes) would not be Neighborhood Revitalization Strategy LEARN or visit the U.S. Department of considered eligible activities because (NRS) or HUD approved State CDBG Education’s website at www.ed.gov). they would not expand your role and Community Revitalization Strategy (m) Up to 20% of your grant for effectiveness in community (CRS); program administration costs related to development activities. You should call (k) Establishment of a Community the planning and execution of Jane Karadbil at the above number if Development Corporation (CDC) at the community development activities you have any questions about the institution to undertake eligible assisted in whole or in part with grant eligibility of any activities you may activities. If you are proposing a funds. Pre-award planning costs may propose. You may also look at the Office Community Development Corporation not be paid out of grant funds. of University Partnerships website at (CDC) component, it may qualify for (D) Other Requirements. (1) www.oup.org for summaries of last CBDO activities; Leveraging. Although a match is not year’s winners. (l) Up to 15 percent of the grant for required to qualify for funding, if you (2) Examples of Eligible Activities. eligible public services activities claim leveraging from any source, Examples of activities that generally can including: including your own institution, you be carried out with these funds, under (i) Work study programs that meet the must provide letters or other one the three national objectives, program requirements of the Hispanic- documentation evidencing the extent include, but are not limited to: serving Institutions Work Study and firmness of commitments of (a) Acquisition of real property; program, which can be found at 24 CFR leveraging from other Federal (e.g., (b) Clearance and demolition; 570.416; Americorps Programs), State, local, and/ (c) Rehabilitation of residential (ii) Outreach and other program or private sources (including the structures to increase housing activities as described in the applicant’s own resources). These letters opportunities for low- and moderate- Community Outreach Partnership or documents must be dated no earlier income persons and rehabilitation of Centers Program section of the than the date of this published commercial or industrial buildings to SuperNOFA; SuperNOFA. Potential sources of correct code violations or for certain (iii) Educational activities including leveraging assistance include: other purposes, e.g., making English as a Second Language (ESL) Your own institution (for both direct accessibility and visitability classes, adult basic education classes, and indirect costs); modifications to housing; GED preparation and testing, and Federal, State and local governments; (d) Direct homeownership assistance curriculum development of courses that Housing authorities to low- and moderate-income persons, will lead to a certificate or degree in Local or national nonprofit as provided in section 105(a)(25) of the community planning and development; organizations

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00138 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9459

Banks and private businesses; timely manner. In rating this factor, Comprehensive Plans, community foundations; and HUD will consider the extent to which needs analyses such as provided by the Faith-based communities. your application demonstrates the United Way, your institution, etc., and (2) Employment of Local Area knowledge and experience of the overall other sound and reliable sources Residents (Section 3). Please see Section project director and staff, including the appropriate for HSIAC. You may also II(E) of the General Section of this day-to-day program manager, address needs in terms of fulfilling court SuperNOFA. The requirements are consultants, and contractors in planning orders or consent decrees, settlements, applicable to certain activities that may and managing the kinds of programs for conciliation agreements, and voluntary be funded under this program section of which funding is being requested. If this compliance agreements. the SuperNOFA. experience is found within the HSI, you To the extent possible, the data you (3) Labor Standards. If you are will receive higher points on this factor use should be specific to the area where awarded a grant, you must comply with than if you have secured this experience the proposed activities will be carried the labor standards as found at 24 CFR from consultants, contractors, and other out. You should document needs as 570.603. staff outside your institution. In they apply to the area where the (4) OMB Circulars. Your grant will be addition, if you demonstrate that the activities will be targeted, rather than governed by the provisions of 24 CFR previous experience is for the project the entire locality or State, unless the part 84 (Grants and Agreements with team from the institution proposed for target area is the entire locality or State. Institutions of Higher Education, this project, you will receive higher Hospitals and other Nonprofit points than if the experiences are for Rating Factor 3: Soundness of Organizations), A–21 (Cost Principles people not proposed to work on this Approach (50 points) for Education Institutions, and A–133 project. Experience will be judged in This factor addresses the quality and (Audits of States, Local Governments, terms of recent, relevant, and successful cost-effectiveness of your proposed and Non-Profit Organizations. The experience of your staff to undertake work plan, the commitment of your application kit contains a detailed activities in: institution to sustain the proposed explanation of what these costs are. You (a) Outreach activities in specific activities, and your actions regarding can access the OMB circulars at the communities to solve or ameliorate affirmatively furthering fair housing. White House website at http:// significant housing and community (1) Quality of the Work Plan (35 whitehouse.gov/wh/eop/omb/html/ development issues; Points). (a) Work Plan Impact (12 circulars. (b) Undertaking specific successful Points). Specifically, HUD will consider community development projects with the extent to which your proposed IV. Application Selection Process community-based organizations; and activities will: (c) Providing proven leadership in HUD will conduct two types of (i) Expand the role of your institution in solving community problems which review: a threshold review to determine its community; have a direct bearing on the proposed applicant eligibility; and a technical (ii) Alleviate and/or fulfill the needs activity. review to rate the application based on identified in Factor 2; the rating factors in this section. Rating Factor 2: Need/Extent of the (iii) Relate to and not duplicate other (A) Threshold Factors for Funding Problem (15 points) activities in the target area; Consideration. Under this threshold (iv) Involve and empower the citizens of review, your application can only be This factor addresses the extent to which there is a need for funding the the target area in all stages of the rated if it is both in compliance with the proposed project; and requirements of the General Section of proposed program activities and an indication of the importance of meeting (v) Be disseminated to a wide variety of the SuperNOFA and the following audiences, both academic and additional standards are met: the need in the target area. In responding to this factor, you will be community-based, using a wide (1) You must be an eligible HSI; variety of media, including print and (2) Your application requests a evaluated on the extent to which you Internet technology. Federal grant of $400,000 or less over document the level of need for the the two-year grant period; proposed activities and the importance (b) Specific Services and/or Activities (3) There is only one application from of meeting the need. (13 Points). HUD will consider the your institution or a campus of your You should use statistics and analyses feasibility of success of your program, institution; contained in one or more data sources the measurable objectives, and how (4) At least one of the activities in that are sound and reliable. To the timely your products will be delivered. your application is eligible. extent that your targeted community’s Specifically, HUD will examine the (B) Factors for Award Used to Five (5) Year Consolidated Plan and extent to which: Evaluate and Rate Applications. The Analysis of Impediments to Fair (i) The project you propose can be factors for rating and ranking applicants, Housing Choice (AI) identify the level of completed within the two year grant and maximum points for each factor, are the problem and the urgency in meeting period; and provided below. The maximum number the need, you should include references (ii) The objectives are measurable of points for this program is 102. This to these documents in your response to (e.g., the number of loans made, the includes two EZ/EC bonus points, as this factor. number of jobs created), result in described in the General Section of the If your proposed activities are not measurable improvement to the SuperNOFA. covered under the scope of the community (e.g., fifteen more Consolidated Plan and AI, you should homeowners, twenty more jobs in a Rating Factor 1: Capacity of the indicate such, and use other sound data specific field), and how well you Applicant and Relevant Organizational sources to identify the level of need and demonstrate that these objectives will be Experience (15 points) the urgency in meeting the need. Types achieved by your proposed management This factor addresses the extent to of other sources include Census reports, plan and team and will result directly which you have the organizational HUD Continuum of Care gaps analysis, from your activities. resources necessary to successfully law enforcement agency crime reports, (c) Involvement of the Faculty and implement the proposed activities in a Public Housing Authorities’ Students (5 points). The extent to which

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00139 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9460 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices your application proposes to use the partnership that seeks to speed the entities. You may also establish funds that could be spent under the creation and widespread use of partnerships with other program public service cap (i.e., 15 percent of the advanced technologies in order to funding recipients to coordinate the use grant) for outreach and applied research radically improve the quality, of resources in the target area. activities related to the proposed durability, energy efficiency, and You may count overhead and other activities that involve the students and environmental performance and institutional costs (e.g., salaries) that are faculty. HUD’s goal is to encourage the affordability of housing. For more waived as leveraging. However, higher kinds of activities that are eligible under information, you can go to the PATH points will be awarded if you secure the COPC program to be undertaken, web site at www.pathnet.org. leveraging resources from sources within the public services cap (2) Institutionalization of Project outside your institution. constraint, in HSIAC. Activities (10 points). The extent to You must provide letters or other (d) HUD Priorities (5 points). The which your project will result in the documentation showing the extent and extent to which your application will kinds of proposed activities being firmness of commitments of leveraged further and support at least one of the sustained by becoming part of the funds (including your own resources) in following priorities of HUD: mission of your institution. In reviewing order for these resources to count in (1) Promoting healthy homes; this subfactor, HUD will consider the determining points under this factor. (2) Providing opportunities for self- extent to which program activities relate Any resource for which there is no sufficiency, particularly for persons to your institution’s mission; are part of commitment letter will not be counted, enrolled in welfare-to-work programs; a climate that rewards faculty work on nor will the resource be counted (3) Enhancing ongoing efforts to these kinds of activities through without the proposed level of eliminate drugs and crime from promotion and tenure; benefits students commitment being quantified. If your neighborhoods through program policy because they are part of a service application does not include evidence efforts such as ‘‘One Strike and You Are learning program at your institution; of leveraging, it will receive zero (0) Out’’ or the ‘‘Officer Next Door’’ and are reflected in the curriculum. points for this Factor. initiative; HUD will look at your monetary and Rating Factor 5: Comprehensiveness (4) Providing educational, job non-monetary commitments to faculty and Coordination (10 points) training, and homeownership and staff continuing work in the target opportunities through such initiatives as area or other similar areas and to your This factor addresses the extent to GEAR UP, Neighborhood Networks, longer term commitment (five years which you have coordinated your Twenty/20 Education Communities, and after the start of the grant) of hard activities with other known linking programs to Americorps; or dollars to similar work. organizations, participate or promote (5) HUD’s Partnership for Advancing (3) Affirmatively Furthering Fair participation in a community’s Technology in Housing (PATH) Housing (5 points). The extent to which Consolidated Planning process, and are initiative. you propose to undertake activities working towards addressing a need in a The Healthy Homes initiative designed to affirmatively further fair holistic and comprehensive manner implements a series of activities to housing, for example: through linkages with other activities in protect children from home hazards (a) Working with other entities in the the community. For specific information such as lead-based paint, radon, fires, community to overcome impediments to about your locality’s process, contact and accidents around the home. fair housing, such as discrimination in the local or State Community The GEAR UP initiative promotes the sale or rental of housing or in Development Agency or the local HUD partnerships between colleges and advertising, provision of brokerage field office. If you propose to work in a middle or junior high schools in low- services or lending; Community Development Block Grant income communities, to help teach (b) Promoting fair housing choice (CDBG) non-entitlement jurisdiction, students how they can go to college by through the expansion of you will only need to address and will informing them about college options, homeownership opportunities and only be rated on subfactors (1) and (3). academic requirements, costs, and improved quality of services for If that is the case, the points for this financial aid, and by providing support minorities, families with children, and factor will be evenly divided between services, including tutoring, counseling, persons with disabilities; or these two subfactors. and mentoring. (c) Providing housing mobility In evaluating this factor, HUD will The Neighborhood Networks initiative counseling services. consider the extent to which you enhances the self-sufficiency, demonstrate that you have: employability, and economic self- Rating Factor 4: Leveraging Resources (1) (4 points) Coordinated your reliance of low-income families and the (10 points) proposed activities with those of other elderly living in HUD-insured and HUD- This factor addresses your ability to groups or organizations prior to assisted properties by providing them secure community resources, which can submission in order to best with on-site access to computer and be combined with HUD program funds complement, support, and coordinate training resources. to achieve program objectives. all known activities and, if funded, the The Twenty/20 Education Community In evaluating this factor, HUD will specific steps you will take to share initiative (formerly known as Campus of consider the extent to which you have information on solutions with others. Learners) is designed to transform established partnerships with other Any written agreements, memoranda of public housing into safe and livable entities to secure additional resources to understanding in place, or that will be communities where families undertake increase the effectiveness of the in place after award, should be training in new telecommunications and proposed activities. Resources may described. computer technology and partake in include funding or in-kind (2) (3 points) Taken or will take educational opportunities and job contributions, such as services or specific steps to become active in the training initiatives. equipment. Resources may be provided community’s Consolidated Planning The Partnership for Advancing by governmental entities, public or process (including the Analysis of Technology in Housing (PATH) private nonprofit organizations, for- Impediments to Fair Housing Choice) initiative is a voluntary public/private profit private organizations, or other established to identify and address a

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00140 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9461 need/problem that is related to the Your application must contain the in your application and details how activities you propose. items listed in this section. These items your proposed work will be (3) (3 points) Taken or will take include the standard forms, accomplished. (Please note that specific steps to develop linkages to certifications, and assurances listed in although submitting pages in excess of coordinate comprehensive solutions the General Section of the SuperNOFA the page limit will not disqualify your through meetings, information that are applicable to this funding application, HUD will not consider the networks, planning processes or other (collectively referred to as the ‘‘standard information on any excess pages, which mechanisms with: forms’’). The standard forms can be may result in a lower score or failure to (a) Other HUD-funded projects/ found in Appendix B to the General meet a threshold.) For each proposed activities outside the scope of those Section of the SuperNOFA. The activity, your Statement of Work must: covered by the Consolidated Plan; and remaining application items that are (1) Arrange the presentation of major (b) Other Federal, State or locally- forms (i.e., excluding such items as related activities (e.g., rehabilitation of a funded activities, including those narratives), referred to as the ‘‘non- child care center, provision of tutoring proposed or ongoing in the community. standard forms’’ can be found as services), summarize each activity, (C) Selections. In order to be funded, Appendix A to this program section of identify the primary persons (as you must receive a minimum score of 70 the SuperNOFA. The items are as described in addressing Rating Factor points. HUD will fund applications in follows: (1) involved in carrying out the activity rank order, until it has awarded all (A) SF–424, Application for Federal and accountable for the deliverables, available funds. If two or more Assistance. and delineate the major tasks involved applications have the same number of (B) HUD–424M, Federal Assistance in carrying it out. You should also points, the application with the most Funding Matrix. describe how each activity meets a points for Factor 3, Soundness of (C) Application Checklist. CDBG national objective. (D) Transmittal Letter, signed by the Approach, shall be selected. If there is (2) Indicate the sequence in which Chief Executive Officer of your still a tie, the application with the most tasks are to be performed, noting areas institution or his or her designee. If a points for Factor 4, Leveraging, shall be of work that must be performed designee signs, your application must selected. simultaneously. The sequence, duration, include the official designation of HUD will not fund specific proposed and the products to be delivered should signatory authority. be presented in six month intervals, up activities that do not meet eligibility (E) Abstract/Executive Summary (one to 24 months. requirements (see 24 CFR part 570, page limit) describing the goals and (3) Identify the specific numbers of subpart C) or do not meet a national activities of the project. objective in accordance with 24 CFR (F) Budget. The budget presentation quantifiable intermediate and end 570.208. should be consistent with the Statement products and objectives (e.g., the HUD reserves the right to make of Work and include: number of houses to be rehabilitated, selections out of rank order to provide (1) A budget by activity, using Form the number of people to be trained, the for geographic distribution of funded HUD–30004 included in the application number of minority businesses started, HSIACs. If HUD decides to use this kit and in the program area section of etc.) you aim to deliver by the end of the option, it will do so only if two adjacent the SuperNOFA. This form separates the grant period as a result of the work HUD regions do not yield at least one Federal and non-Federal costs of each performed. fundable HSIAC on the basis of rank program activity. Particular attention (H) Narrative Statement Addressing order. If this occurs, HUD will fund the should be paid to accurately estimating the Factors for Award. (25 page limit, highest ranking applicant within the costs; determining the necessity for and including tables, and maps, but not two regions as long as the minimum reasonableness of costs; and correctly including any letters of commitment) score of 70 points is achieved. computing all budget items and totals. You should number the narrative in After all application selections have (2) A narrative statement of how you accordance with each factor and been made, HUD may require that you arrived at your costs, for any line item subfactor. Please do not repeat material participate in negotiations to determine over $5,000. Indirect costs must be in the Statement of Work. (Please note the specific terms of the Statement of substantiated and the rate must have that although submitting pages in excess Work and the grant budget. In cases been approved by the cognizant Federal of the page limit will not disqualify your where HUD cannot successfully agency. If you are proposing to application, HUD will not consider the complete negotiations, or you fail to undertake rehabilitation of residential, information on any excess pages, which provide HUD with requested commercial, or industrial structures or may result in a lower score or failure to information, an award will not be made. acquisition, construction, or installation meet a threshold.) In such instances, HUD may elect to of public facilities and improvements, In addressing Factor 4, for each offer an award to the next highest you must submit reasonable costs leveraging source, cash or in kind, you ranking applicant, and proceed with supplied by a qualified entity other than must submit a letter, dated no earlier negotiations with that applicant. your institution. Guidance for securing than the date of this SuperNOFA, from these estimates can be obtained from the the provider on the provider’s letterhead V. Application Submission that addresses the following: Requirements CPD Director in your HUD field office or from your local government. • The dollar amount or dollar value You should include an original and (3) A statement of compliance with of the in-kind goods and/or services two copies of the items listed below. In the 20 percent limitation on ‘‘Planning committed. For each leveraging source, order to be able to recycle paper, please and Administration’’ costs. the dollar amount in the commitment do not submit applications in bound (G) Statement of Work (25 page limit; letter must be consistent with the dollar form; binder clips or loose leaf binders this page limit is separate from the 25 amount you indicated in the Budget; are acceptable. Also, please do not use pages for the Narrative Statement • How the leveraging amount is to be colored paper. Please note the page addressing the rating factors described used; limits for some of the items listed below above) The Statement of Work • The date the leveraging amount will and do not exceed them. incorporates all activities to be funded be made available and a statement that

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00141 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9462 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices it will be for the duration of the grant (K) Client Comment and Suggestions specific properties or areas. Your period; (HUD–2994). If you wish to offer application constitutes an assurance • Any terms and conditions affecting comments on the HSIAC NOFA of this that your institution assist HUD to the commitment, other than receipt of a SuperNOFA or the SuperNOFA process, comply with part 50; will supply HUD HUD HSIAC Grant; and please complete this form. This form is with all available and relevant • The signature of the appropriate optional. information to perform an executive officer authorized to commit You may not submit appendices or environmental review for each proposed the funds and/or goods and/or services. general support letters or resumes. If property; will carry out mitigating (See the application kit and the program you submit letters of leveraging measures required by HUD or select area section of the SuperNOFA for a commitment, they must be included in alternate property; and will not acquire, your response to Factor 4. If you submit sample commitment letter.) rehabilitate, convert, lease, repair, or (I) Certifications. (1) SF–424B, other documentation, it must be construct property and not commit HUD Assurances for Non-Construction included with the pertinent factor Programs; responses (taking note of the page limit). or expend local funds for these program (2) HUD–50071, Certification of activities with respect to any eligible Payments to Influence Certain Federal VI. Corrections to Deficient property until HUD approval of the Applications Transactions; property is required. In supplying HUD (3) SF-LLL, Disclosure of Lobbying The General Section of the with environmental information, you Activities (if applicable); SuperNOFA provides the procedures for should use the same guidance as (4) HUD–2880, Applicant/Recipient corrections to deficient applications. provided in the HUD Handbook entitles Disclosure/Update Form; ‘‘Field Environmental Review VII. Environmental Requirements (5) HUD–50070, Certification of Drug- Processing for HUD Colonias Initiative Free Workplace; Selection for award does not Grants’’ issued January 27, 1998. (6) HUD–2992, Certification constitute approval of any proposed Regarding Debarment and Suspension; sites. Following selection for award, VIII. Authority (7) HUD–2991, Certification of HUD will perform an environmental Consistency with the Consolidated Plan; review of activities proposed for This program was approved by and assistance under this program, in Congress under the section 107 of the (8) HUD–2990, Certification of accordance with 24 CFR part 50. The CDBG appropriation for fiscal year 2000, Consistency with the EZ/EC Strategic results of the environmental review may as part of the FY 2000 HUD Plan (if applicable); require that your proposed activities be Appropriations Act. HSIAC is being (J) Acknowledgement of Receipt of modified or that your proposed sites be implemented through this program Applications (HUD–2993). If you wish rejected. You are particularly cautioned section of the SuperNOFA and the to confirm that HUD received your not to undertake or commit funds for policies governing its operation are application, please complete this form. acquisition or development of proposed contained herein. This form is optional. properties prior to HUD approval of BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00142 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9463

APPENDIX A The non-standard forms, which follow, are required for your HSIAC application.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00143 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9464 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00144 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9465

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00145 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9466 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00146 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9467

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00147 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9468 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00148 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9469

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00149 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00150 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9471

FUNDING AVAILABILITY FOR THE your name, mailing address (including Alaska Native institutions of higher ALASKA NATIVE/NATIVE HAWAIIAN zip code) and telephone number education is $333,333. The maximum INSTITUTIONS ASSISTING (including area code). amount which can be requested and COMMUNITIES PROGRAM (AN/ For ANIs, HUD will only accept one awarded for a particular Native NHIAC) application per campus. For NHIs, HUD Hawaiian institution of higher will only accept one application per education is $1 million with each Program Overview institution. If your institution submits application composed of no more than Purpose of the Program. To assist more than one application per campus three separate projects, each in a Alaska Native/Native Hawaiian (for ANIs) or more than one application different neighborhood. Each separate institutions of higher education (AN/ per institution (for NHIs), HUD will ask project can be for no more than NHIs) expand their role and you to identify which application you $333,333. effectiveness in addressing community want evaluated. Only one application Since the Statement of Work and development needs in their localities, may be evaluated. If you do not respond other facets of the technical review are consistent with the purposes of Title I within the stipulated cure period (see assessed in the context of the proposed of the Housing and Community Section V of the General Section of this budget and grant request, and in the Development Act of 1974, as amended. SuperNOFA), all of your applications interest of fairness to all applicants, if Available Funds. Approximately $2 will be disqualified. You should take you are an ANI and submit an million, to be divided evenly between this policy into account and take steps application requesting more than Alaska Native institutions of higher to ensure that multiple applications are $333,333 in HUD funds, it will be ruled education (ANIs) and Native Hawaiian not submitted. ineligible. If you are an NHI and you institutions of higher education (NHIs). For Application Kits. For an submit an application for more than $1 Eligible Applicants: Only nonprofit application kit and any supplemental million, it will be ruled ineligible. If you Alaska Native and Native Hawaiian material, you should call the are an NHI and you submit an institutions of higher education that SuperNOFA Information Center at 1– application in which you request more meet the definitions of Alaska Native 800–HUD–8929. If you have a hearing or than $333,333 for any one project, that and Native Hawaiian institutions of speech impairment, please call the particular project will be ruled higher education established in Title III, Center’s TTY number at 1–800–HUD– ineligible. HUD reserves the right to Part A, Section 317 of the Higher 2209. When requesting an application make awards for less than the maximum Education Act of 1965, as amended by kit, you should refer to AN/NHIAC amount or less than the amount the Higher Education Amendments of Program and provide your name and requested in your application. 1998 (Pub.L. 105–244; enacted October address (including zip code) and III. Program Description; Eligible 7, 1998). telephone number (including area code). Applicants; Eligible Activities Application Deadline. May 10, 2000. You may also access the application on Match. None. the Internet through the HUD web site (A) Program Description. The purpose at www.hud.gov. of AN/NHIAC is to assist AN/NHIs Additional Information For Further Information and expand their role and effectiveness in If you are interested in applying for Technical Assistance. You may call Jane addressing community development funds under the Alaska Native/Native Karadbil of HUD’s Office of University needs in their localities, including Hawaiian Institutions Assisting Partnerships at 202–708–1537, neighborhood revitalization, housing, Communities (AN/NHIAC) Program, extension 5918. If you have a hearing or and economic development. please review carefully the General speech impairment, you may access this (1) For the purposes of this program, Section of this SuperNOFA and the number via TTY by calling the Federal the term ‘‘locality’’ includes any city, following additional information. Information Relay Service toll-free at 1– county, township, parish, village, or other general political subdivision of a I. Application Due Date, Application 800–877–8339. You may also write to Ms. Karadbil via email at Janell State within which your AN/NHI is Kits, Further Information, and ll located. Technical Assistance R. [email protected]. Satellite Broadcast. HUD will hold an (2) A ‘‘target area’’ is the locality or Application Due Date. Your information broadcast via satellite for the area within the locality in which completed application is due on or potential applicants to learn more about your institution will implement its before 12:00 midnight, Eastern time, on the program and preparation of the proposed HUD grant. May 10, 2000, at HUD Headquarters. application. For more information about (B) Eligible Applicants. Only if your See the General Section of this the date and time of the broadcast, you institution is a nonprofit institution of SuperNOFA for specific procedures should consult the HUD web site at higher education and meets the covering the form of the application http://www.hud.gov. statutory definition of either an Alaska submission (e.g., mailed applications, Native institution of higher education or express mail, overnight delivery, or II. Amount Allocated a Native Hawaiian institution of higher hand carried). Approximately $2 million in FY 2000 education, as contained in Title III, Part Address for Submitting Applications. funds is being made available under this A, Section 317 of the Higher Education Your completed application consists of SuperNOFA for AN/NHIAC. Of this Act of 1965, as amended by the Higher an original signed application and two amount, $1 million is being made Education Amendments of 1998 (Pub. L. copies. Submit your completed available for Alaska Native institutions 105–244) are you eligible to apply. If application to the following address: (ANIs) of higher education and $1 you are an Alaska Native institution of Processing and Control Branch, Office of million is being made available for higher education, in order for you to Community Planning and Development, Native Hawaiian institutions of higher meet this definition, at least 20 percent Department of Housing and Urban education (NHIs). The performance of your undergraduate headcount Development, 451 Seventh Street, SW, period of 24 months will commence on enrollment must be Alaska Native Room 7251, Washington, DC, 20410. the effective date of the grant agreement. students. If you are a Native Hawaiian When submitting your application, The maximum amount which can be institution of higher education, in order please refer to AN/NHIAC and include requested and awarded to a particular to meet this definition at least 10

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00151 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9472 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices percent of your undergraduate serious and immediate threat to the correct code violations or for certain headcount enrollment must be Native health and welfare of the community, other purposes, e.g., making Hawaiian students. You are not required and other financial resources are not accessibility and visitability to be on a list of eligible AN/NHIs available to meet such needs. modifications to housing; prepared by the U.S. Department of (You must ensure that of your aggregate (d) Direct homeownership assistance Education. However, if you are not, you grant expenditures under paragraphs (a), to low- and moderate-income persons, will be required to certify in the (b), and (c) above at least 51% are for as provided in section 105(a)(25) of the application that you meet the statutory activities benefiting low-and moderate- Housing and Community Development definition. income persons.) Act of 1974; (e) Acquisition, construction, If you are an ANI and your institution You can find the regulations reconstruction, rehabilitation, or has multiple campuses, each one is governing activities eligible under the installation of public facilities and eligible to apply separately, as long as CDBG program at 24 CFR part 570, improvements, such as water and sewer it meets the above enrollment test. You subpart C, particularly §§ 570.201 facilities and streets; may undertake as many projects and through 570.206. Ineligible activities are activities as you want, as long as you do (f) Relocation payments and other listed at § 570.207. The CDBG assistance for temporarily and not exceed the $333,333 cap for an publication entitled ‘‘Everything You application. If you are an NHI, you are permanently relocated individuals, Wanted to Know About CDBG’’ families, businesses, and non-profit permitted to submit only one discusses the regulations. You can application, no matter how many organizations where the assistance is (1) obtain a copy from the SuperNOFA required under the provision of 24 CFR separate campuses you have, as long as Information Center. If you propose an your institution meets the above 570.606(b) or (c); or (2) determined by activity which otherwise is eligible, it your institution to be appropriate under enrollment test. You may undertake up may not be funded if State or local law to three separate projects, each in a the provisions of 24 CFR 570.606(d). requires that it be carried out by a (g) Lead-based paint hazard reduction, different neighborhood, with each governmental entity. project requesting no more than pursuant to the CDBG regulations; In addition, you may not propose the (h) Special economic development $333,333. In your application you must construction or rehabilitation of your describe how each project is separate activities described at 24 CFR 570.203, institution’s facilities unless you can including activities designed to promote and distinct; how your proposed demonstrate that such activities would activities relate to that project; and that training and employment opportunities; meet the purpose of this program to (i) Assistance to facilitate economic each project will not rely on any part of expand the role and effectiveness of an another project for its successful development by providing technical AN/NHI in its locality. HUD will assistance or financial assistance for the completion. A project can include one scrutinize proposed activities for or more of the eligible activities listed establishment, stabilization, and eligibility. As examples of eligible and expansion of microenterprises, below. For example, if you propose a ineligible on-campus activities, homeownership project, you might including minority enterprises. rehabilitating a library for use by your (j) Assistance to community-based rehabilitate housing in a neighborhood, students would not be an eligible development organizations (CBDO) to demolish some structures to create activity, but rehabilitating it to convert carry out a CDBG neighborhood spaces for lawns, and provide a loan it to a micro-business enterprise center revitalization, community economic pool for purchasers of this housing. All for the community would be; or as development, or energy conservation these activities could still be viewed as another example, just undertaking your project, in accordance with 24 CFR one project. You might also undertake a normal activities (e.g., offering English 570.204. This could include activities in job training program for welfare-to-work as a Second Language classes) would support of a HUD approved local CDBG families by rehabilitating a warehouse not be considered eligible activities Neighborhood Revitalization Strategy and offering the job training there. because they would not expand your (NRS) or HUD approved State CDBG These activities could also be viewed as role and effectiveness in community Community Revitalization Strategy one project. But if you proposed to development activities. You should call (CRS); create a homeownership program and a Jane Karadbil at the above number if (k) Establishment of a Community job training program, these activities you have any questions about the Development Corporation (CDC) at the would be viewed as two separate eligibility of any activities you may institution to undertake eligible projects. Your institution could propose. You may also look at the Office activities. If you are proposing a undertake both, but they would have to of University Partnerships website at Community Development Corporation be in two different neighborhoods. www.oup.org for summaries of last (CDC) component, it may qualify for (C) Eligible Activities. (1) General. year’s winners under the Hispanic- CBDO activities; Each activity you propose for funding serving Institutions Assisting (l) Up to 15 percent of the grant for must meet both a Community Communities program, a program very eligible public services activities Development Block Grant Program similar to this one. including: (CDBG) national objective and the CDBG (2) Examples of Eligible Activities. (i) Work study programs that meet the eligibility requirements. A discussion of Examples of activities that generally can program requirements of the Hispanic- the national objectives can be found at be carried out with these funds, under serving Institutions Work Study 24 CFR part 570.208. There are three one of the three national objectives, program, which can be found at 24 CFR national objectives: include, but are not limited to: 570.416; (a) Benefit to low- and moderate-income (a) Acquisition of real property; (ii) Outreach and other program persons; (b) Clearance and demolition; activities as described in the (b) Aid in the prevention or elimination (c) Rehabilitation of residential Community Outreach Partnership of slums or blight; or structures to increase housing Centers Program section of the (c) Meet other community development opportunities for low- and moderate- SuperNOFA; needs having a particular urgency income persons and rehabilitation of (iii) Educational activities including because existing conditions pose a commercial or industrial buildings to English as a Second Language (ESL)

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00152 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9473 classes, adult basic education classes, costs); State and local governments; and maximum points for each factor, are GED preparation and testing, and housing authorities; local or national provided below. The maximum number curriculum development of courses that nonprofit organizations; banks and of points for this program is 102. This will lead to a certificate or degree in private businesses; foundations; and includes two EZ/EC bonus points, as community planning and development; faith-based communities. described in the General Section of the (iv) Job and career counseling (2) Employment of local area SuperNOFA. assessment, training, and other activities residents (Section 3). Please see Section Rating Factor 1: Capacity of the designed to promote employment II(E) of the General Section of this Applicant and Relevant Organizational opportunities, not related to special SuperNOFA. The requirements are Experience (15 points) economic development activities; applicable to certain activities that may (v) Capacity building for community be funded under this program section of This factor addresses the extent to organizations; the SuperNOFA. which you have the organizational (vi) Social and medical services for (3) Labor Standards. If you are resources necessary to successfully youths, adults, senior citizens, and the awarded a grant, you must comply with implement the proposed activities in a homeless; the labor standards as found at 24 CFR timely manner. In rating this factor, (vii) Fair housing services designed to 570.603. HUD will consider the extent to which further the fair housing objectives of the (4) OMB Circulars. Your grant will be your application demonstrates the Fair Housing Act (42 U.S.C. 3601–20) by governed by the provisions of 24 CFR knowledge and experience of the overall making all persons, without regard to part 84 (Grants and Agreements with project director and staff, including the race, color, religion, sex, national origin, Institutions of Higher Education, day-to-day program manager, familial status and/or disability aware of Hospitals and other Nonprofit consultants, and contractors in planning the range of housing opportunities Organizations), A–21 (Cost Principles and managing the kinds of programs for available to them; for Education Institutions, and A–133 which funding is being requested. If this (viii) Day care services and costs for (Audits of States, Local Governments, experience is found within the AN/NHI, the children of students attending your and Non-Profit Organizations. The you will receive higher points on this institution; application kit contains a detailed factor than if you have secured this (ix) Continuum of care services for the explanation of what these costs are. You experience from consultants, homeless; can access the OMB circulars at the contractors, and other staff outside your (x) Public access telecommunications White House website at http:// institution. In addition, if you centers including Twenty/20 Education whitehouse.gov/WH/EOP/OMB/html/ demonstrate that the previous Communities (formerly known as circulars. experience is for the project team from Campus of Learners) and Neighborhood the institution proposed for this project, Networks; IV. Application Selection Process you will receive higher points than if (xi) Activities to use HUD’s HUD will conduct two types of the experiences are for people not Partnership for Advancing Technology review: a threshold review to determine proposed to work on this project. in Housing (PATH) technology; applicant eligibility; and a technical Experience will be judged in terms of (xii) Services to assist low-income review to rate the application based on recent, relevant, and successful students to attend college, as part of the the rating factors in this section. experience of your staff to undertake U.S. Department of Education’s Gaining (A) Threshold Factors for Funding activities in: Awareness and Readiness for Consideration. Under this threshold (a) Outreach activities in specific Undergraduate Program (GEAR UP). review, your application can only be communities to solve or ameliorate (For more information, call 1–800– considered for rating and ranking if it is significant housing and community USA–LEARN or visit the U.S. in compliance with both the development issues; Department of Education’s website at requirements of the General Section of (b) Undertaking specific successful www.ed.gov). the SuperNOFA and the following community development projects with (m) Up to 20% of your grant for additional standards are met: community-based organizations; and program administration costs related to (1) You must be an eligible Alaska (c) Providing proven leadership in the planning and execution of Native or Native Hawaiian institution of solving community problems which community development activities higher education; have a direct bearing on the proposed assisted in whole or in part with grant (2) If you are an ANI, you request a activity. funds. Pre-award planning costs may Federal grant of $333,333 or less over Rating Factor 2: Need/Extent of the not be paid out of grant funds. the two-year grant period; or (D) Other Requirements. (1) (3) If you are an NHI, you request a Problem (15 points) Leveraging. Although a match is not Federal grant of $1 million or less over This factor addresses the extent to required to qualify for funding, if you the two year grant period composed of which there is a need for funding the claim leveraging from any source, no more than three separate projects, proposed program activities and an including your own institution, you each in a different neighborhood, and indication of the importance of meeting must provide letters or other each of no more than $333,333. the need in the target area. In documentation evidencing the extent (4) If you are an ANI, there is only one responding to this factor, you will be and firmness of commitments of application from your institution or a evaluated on the extent to which you leveraging from other Federal (e.g., campus of your institution. If you are an document the level of need for the Americorps Programs), State, local, and/ NHI, there is only one application from proposed activities and the importance or private sources (including the your institution, no matter how many of meeting the need. applicant’s own resources). These campuses there are. You should use statistics and analyses letters or documents must be dated no (5) At least one of the activities in contained in one or more data sources earlier than the date of this published your application is eligible. that are sound and reliable. To the SuperNOFA. Potential sources of (B) Factors for Award Used to extent that your targeted community’s leveraging assistance include: your own Evaluate and Rate Applications. The Five (5) Year Consolidated Plan and institution (for both direct and indirect factors for rating and ranking applicants, Analysis of Impediments to Fair

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00153 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9474 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Housing Choice (AI) identify the level of (i) The project you propose can be elderly living in HUD-insured and HUD- the problem and the urgency in meeting completed within the two year grant assisted properties by providing them the need, you should include references period; and with on-site access to computer and to these documents in your response to (ii) The objectives are measurable training resources. this factor. (e.g., the number of loans made, the The Twenty/20 Education If your proposed activities are not number of jobs created), result in Communities initiative (formerly known covered under the scope of the measurable improvement to the as Campus of Learners) is designed to Consolidated Plan and AI, you should community (e.g., fifteen more transform public housing into safe and indicate such, and use other sound data homeowners, twenty more jobs in a livable communities where families sources to identify the level of need and specific field), and how well you undertake training in new the urgency in meeting the need. Types demonstrate that these objectives will be telecommunications and computer of other sources include Census reports, achieved by your proposed management technology and partake in educational HUD Continuum of Care gaps analysis, plan and team and will result directly opportunities and job training law enforcement agency crime reports, from your activities. initiatives. (c) Involvement of the Faculty and Public Housing Authorities’ The Partnership for Advancing Students (5 points). The extent to which Comprehensive Plans, community Technology in Housing (PATH) your application proposes to use the needs analyses such as provided by the initiative is a voluntary public/private funds that could be spent under the United Way, your institution, etc., and partnership that seeks to speed the public service cap (i.e., 15 percent of the other sound and reliable sources creation and widespread use of grant) for outreach and applied research appropriate for AN/NHIAC. You may advanced technologies in order to activities related to the proposed also address needs in terms of fulfilling radically improve the quality, activities that involve the students and court orders or consent decrees, durability, energy efficiency, and faculty. HUD’s goal is to encourage the settlements, conciliation agreements, environmental performance and kinds of activities that are eligible under and voluntary compliance agreements. affordability of housing. For more the COPC program to be undertaken, To the extent possible, the data you information, you can go to the PATH within the public services cap use should be specific to the area where web site at www.pathnet.org. the proposed activities will be carried constraint, in AN/NHIAC. (d) HUD Priorities (5 points). The (6) Institutionalization of Project out. You should document needs as Activities (10 points). The extent to they apply to the area where the extent to which your application will further and support at least one of the which your project will result in the activities will be targeted, rather than kinds of proposed activities being the entire locality or State, unless the following priorities of HUD: (1) Promoting healthy homes; sustained by becoming part of the target area is the entire locality or State. (2) Providing opportunities for self- mission of your institution. In reviewing Rating Factor 3: Soundness of sufficiency, particularly for persons this subfactor, HUD will consider the Approach (50 points) enrolled in welfare-to-work programs; extent to which program activities relate (3) Enhancing ongoing efforts to to your institution’s mission; are part of This factor addresses the quality and eliminate drugs and crime from a climate that rewards faculty work on cost-effectiveness of your proposed neighborhoods through program policy these kinds of activities through work plan, the commitment of your efforts such as ‘‘One Strike and You Are promotion and tenure; benefits students institution to sustain the proposed Out’’ or the ‘‘Officer Next Door’’ because they are part of a service activities, and your actions regarding initiative; learning program at your institution; affirmatively furthering fair housing. (4) Providing educational, job and are reflected in the curriculum. (1) Quality of the Work Plan (35 training, and homeownership HUD will look at your monetary and Points). (a) Work Plan Impact (12 opportunities through such initiatives as non-monetary commitments to faculty Points). Specifically, HUD will consider GEAR UP, Neighborhood Networks, and staff continuing work in the target the extent to which your proposed Twenty/20 Education Communities, and area or other similar areas and to your activities will: linking programs to Americorps; or longer term commitment (five years (i) Expand the role of your institution in (5) HUD’s Partnership for Advancing after the start of the grant) of hard its community; Technology in Housing (PATH) dollars to similar work. (ii) Alleviate and/or fulfill the needs initiative. (3) Affirmatively Furthering Fair identified in Factor 2; The Healthy Homes initiative Housing (5 points). The extent to which (iii) Relate to and not duplicate other implements a series of initiatives to you propose to undertake activities activities in the target area. protect children from home hazards designed to affirmatively further fair such as lead-based paint, radon, fires, (iv) Involve and empower the citizens of housing, for example: and accidents around the home. the target area in all stages of the The GEAR UP initiative promotes (a) Working with other entities in the proposed project; and partnerships between colleges and community to overcome impediments to (v) Be disseminated to a wide variety of middle or junior high schools in low- fair housing, such as discrimination in audiences, both academic and income communities, to help teach the sale or rental of housing or in community-based, using a wide students how they can go to college by advertising, provision of brokerage variety of media, including print and informing them about college options, services or lending: Internet technology. academic requirements, costs, and (b) Promoting fair housing choice (b) Specific Services and/or Activities financial aid, and by providing support through the expansion of (13 Points). HUD will consider the services, including tutoring, counseling, homeownership opportunities and feasibility of success of your program, and mentoring. improved quality of services for the measurable objectives, and how The Neighborhood Networks initiative minorities, families with children, and timely your products will be delivered. enhances the self-sufficiency, persons with disabilities; or Specifically, HUD will examine the employability, and economic self- (c) Providing housing mobility extent to which: reliance of low-income families and the counseling services.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00154 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9475

Rating Factor 4: Leveraging Resources (1) (4 points) Coordinated your After all application selections have (10 points) proposed activities with those of other been made, HUD may require that you This factor addresses your ability to groups or organizations prior to participate in negotiations to determine secure community resources, which can submission in order to best the specific terms of the Statement of be combined with HUD program funds complement, support, and coordinate Work and the grant budget. In cases to achieve program objectives. all known activities and, if funded, the where HUD cannot successfully In evaluating this factor, HUD will specific steps you will take to share complete negotiations, or you fail to consider the extent to which you have information on solutions with others. provide HUD with requested established partnerships with other Any written agreements, memoranda of information, an award will not be made. entities to secure additional resources to understanding in place, or that will be In such instances, HUD may elect to increase the effectiveness of the in place after award, should be offer an award to the next highest proposed activities. Resources may described. ranking applicant, and proceed with include funding or in-kind (2) (3 points) Taken or will take negotiations with that applicant. contributions, such as services or specific steps to become active in the community’s Consolidated Planning V. Application Submission equipment. Resources may be provided Requirements by governmental entities, public or process (including the Analysis of private nonprofit organizations, for- Impediments to Fair Housing Choice) You should include an original and profit private organizations, or other established to identify and address a two copies of the items listed below. In entities. You may also establish need/problem that is related to the order to be able to recycle paper, please partnerships with other program activities you propose. do not submit applications in bound funding recipients to coordinate the use (3) (3 points) Taken or will take form; binder clips or loose leaf binders of resources in the target area. specific steps to develop linkages to are acceptable. Also, please do not use You may count overhead and other coordinate comprehensive solutions colored paper. Please note the page institutional costs (e.g., salaries) that are through meetings, information limits for some of the items listed below waived as leveraging. However, higher networks, planning processes or other and do not exceed them. points will be awarded if you secure mechanisms with: Your application must contain the leveraging resources from sources (a) Other HUD-funded projects/ items listed in this section. These items outside the institution. activities outside the scope of those include the standard forms, You must provide letters or other covered by the Consolidated Plan; and certifications, and assurances listed in documentation showing the extent and (b) Other Federal, State or locally- the General Section of the SuperNOFA firmness of commitments of leveraged funded activities, including those that are applicable to this funding funds (including your own resources) in proposed or ongoing in the community. (collectively referred to as the ‘‘standard (C) Selections. For ANI applications, order for these resources to count in forms’’). The standard forms can be each application will be reviewed and determining points under this factor. found in Appendix B to the General rated based on these selection criteria. Any resource for which there is no Section of the SuperNOFA. The For NHI applicants, each project in an commitment letter will not be counted, remaining application items that are application will be reviewed and rated nor will the resource be counted forms (i.e., excluding such items as separately. If you are an ANI, you must without the proposed level of narratives), referred to as the ‘‘non- receive a score of at least 70 points on commitment being quantified. If your standard forms’’ can be found as your application in order to be eligible application does not include evidence Appendix A to this program section of for funding. If you are an NHI, you must of leveraging, it will receive zero (0) the SuperNOFA. The items are as receive a score of at least 70 points for points for this Factor. follows: a project in order for that project to be (A) SF–424, Application for Federal Rating Factor 5: Comprehensiveness eligible for funding. HUD will fund Assistance. and Coordination (10 points) applications (for ANIs) or projects (for (B) HUD–424M, Federal Assistance This factor addresses the extent to NHIs) in rank order, until it has Funding Matrix. which you have coordinated your awarded all available funds. HUD will (C) Application Checklist. activities with other known rank and select applications from (D) Transmittal Letter, signed by the organizations, participate or promote Alaska Native institutions and Native Chief Executive Officer of your participation in a community’s Hawaiian institutions separately. If, institution or his or her designee. If a Consolidated Planning process, and are within either of these two categories, designee signs, your application must working towards addressing a need in a two or more applications (for ANIs) or include the official designation of holistic and comprehensive manner projects (for NHIs) have the same signatory authority. If you are an NHI, through linkages with other activities in number of points, the application (for this letter should cover your entire the community. For specific information ANIs) or project (for NHIs) with the application, no matter how many about your locality’s process, contact most points for Factor 3, Soundness of projects are proposed. the local or State Community Approach, shall be selected. If there is (E) Abstract/Executive Summary (one Development Agency or the local HUD still a tie, the application (for ANIs) or page limit for ANIs and two pages for field office. If you propose to work in a project (for NHIs) with the most points NHIs) describing the goals and activities Community Development Block Grant for Factor 4, Leveraging, shall be of the project. If you are an NHI, the (CDBG) non-entitlement jurisdiction, selected. If all the funds in one category abstract should cover your entire you will only need to address and will are not awarded, they cannot be application, no matter how many only be rated on subfactors (1) and (3). transferred to the other category. projects are proposed. If that is the case, the points for this HUD will not fund specific proposed (F) Budget. The budget presentation factor will be evenly divided between activities that do not meet eligibility should be consistent with the Statement these two subfactors. requirements (see 24 CFR part 570, of Work and include: In evaluating this factor, HUD will subpart C), or do not meet a national (1) A budget by activity, using Form consider the extent to which you objective in accordance with 24 CFR HUD–30005 included in the application demonstrate that you have: 570.208. kit and in the program area section of

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00155 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9476 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices the SuperNOFA. This form separates the (3) Identify the specific numbers of (4) HUD–2880, Applicant/Recipient Federal and non-Federal costs of each quantifiable intermediate and end Disclosure/Update Form; program activity. Particular attention products and objectives (e.g., the (5) HUD–50070, Certification of Drug- should be paid to accurately estimating number of houses of be rehabilitated, Free Workplace; costs; determining the necessity for and the number of people to be trained, the (6) HUD–2992, Certification reasonableness of costs; and correctly number of minority businesses started, Regarding Debarment and Suspension; computing all budget items and totals. etc.) you aim to deliver by the end of the (7) HUD–2991, Certification of The budget form is arranged by grant period as a result of the work Consistency with the Consolidated Plan; activities not projects. You should performed. and complete one budget form for each (H) Narrative Statement Addressing (8) HUD–2990, Certification of project that you will undertake. the Factors for Award (25 page limit Consistency with the EZ/EC Strategic (2) A narrative statement of how you including tables, and maps, but not Plan (if applicable); arrived at your costs, for any line item including any letters of commitment—if (J) Acknowledgement of Receipt of over $5,000. Indirect costs must be you are an ANI, this page limit covers Applications (HUD–2993). If you wish substantiated and the rate must have all proposed activities in your to confirm that HUD received your been approved by the cognizant Federal application; if you are an NHI, there is application, please complete this form. agency. If you are proposing to a 25 page limit per separate project, This form is optional. (K) Client Comments and Suggestion undertake rehabilitation of residential, with each project responding to all of Form (HUD–2994). If you wish to offer commercial, or industrial structures or the Narrative Statement Addressing the comments on the AN/NHIAC NOFA of acquisition, construction, or installation Factors for Award Requirements). You this SuperNOFA or the SuperNOFA of public facilities and improvements, should number the narrative in process, please complete this form. This you must submit reasonable costs accordance with each factor and form is optional. supplied by a qualified entity other than subfactor. Please do not repeat material You may not submit appendices or your institution. Guidance for securing in the Statement of Work. (Please note general support letters or resumes. If these estimates can be obtained from the that although submitting pages in excess you submit letters of leveraging CPD Director in your HUD field office of the page limit will not disqualify your commitment, they must be included in or from your local government. application, HUD will not consider the information on any excess pages, which your response to Factor 4. If you submit (3) A statement of compliance with other documentation, it must be the 20 percent limitation on ‘‘Planning may result in a lower score or failure to meet a threshold.) included with the pertinent factor and Administration’’ costs. responses (taking note of the page limit). (G) Statement of Work (25 page limit In addressing Factor 4, for each if you are an ANI, this page limit covers leveraging source, cash or in kind, you VI. Corrections to Deficient all proposed activities in your must submit a letter, dated no earlier Applications than the date of this SuperNOFA, from application, if you are an NHI, there is The General Section of the the provider on the provider’s letterhead 25 page limit per separate project, with SuperNOFA provides the procedures for that addresses the following: each project responding to all of the • corrections to deficient applications. Statement of Work Requirements). The The dollar amount or dollar value Statement of Work incorporates all of the in-kind goods and/or services VII. Environmental Requirements activities to be funded in your committed. For each leveraging source, Selection for award does not application and details how your the dollar amount in the commitment constitute approval of any proposed proposed work will be accomplished. letter must be consistent with the dollar sites. Following selection for award, (Please note that although submitting amount you indicated in the Budget; HUD will perform an environmental • How the leveraging amount is to be pages in excess of the page limit will not review of activities proposed for disqualify your application, HUD will used; • The date the leveraging amount will assistance under this program, in not consider the information on any be made available and a statement that accordance with 24 CFR part 50. The excess pages, which may result in a it will be for the duration of the grant results of the environmental review may lower score or failure to meet a period; require that your proposed activities be threshold.) For each proposed activity, • Any terms and conditions affecting modified or that your proposed sites be your Statement of Work must: the commitment, other than receipt of a rejected. You are particularly cautioned (1) Arrange the presentation of major HUD AN/NHIAC Grant; and not to undertake or commit funds for related activities (e.g., rehabilitation of a • The signature of the appropriate acquisition or development of proposed child care center, provision of tutoring executive officer authorized to commit properties prior to HUD approval of services), summarize each activity, the funds and/or goods and/or services. specific properties or areas. Your identify the primary persons (as (See the application kit and the program application constitutes an assurance described in addressing Rating Factor 1) area section of the SuperNOFA for a that your institution assist HUD to involved in carrying out the activity and sample commitment letter.) If you are an comply with part 50; will supply HUD accountable for the deliverables, and NHI, you should separate your with all available and relevant delineate the major tasks involved in leveraging sources by project and information to perform an carrying it out. You should also describe include the appropriate letters in the environmental review for each proposed how each activity meets a CDBG Narrative Statement for that project. property; will carry out mitigating national objective. (I) Certifications. (1) SF–424B, measures required by HUD or select (2) Indicate the sequence in which Assurances for Non-Construction alternate property; and will not acquire, tasks are to be performed, noting areas Programs. rehabilitate, convert, lease, repair, or of work that must be performed (2) HUD–50071, Certification of construct property and not commit HUD simultaneously. The sequence, duration, Payments to Influence Certain Federal or expend local funds for these program and the products to be delivered should Transactions; activities with respect to any eligible be presented in six month intervals, up (3) SF–LLL, Disclosure of Lobbying property until HUD approval of the to 24 months. Activities (if applicable); property is required. In supplying HUD

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00156 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9477 with environmental information, you VIII. Authority Appropriations Act. AN/NHIAC is being should use the same guidance as implemented through this program provided in the HUD Handbook entitles This program was approved by section of the SuperNOFA and the ‘‘Field Environmental Review Congress under the section 107 of the policies governing its operation are Processing for HUD Colonias Initiative CDBG appropriation for fiscal year 2000, contained herein. Grants’’ issued January 27, 1998. as part of the FY 2000 HUD BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00157 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9478 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

APPENDIX A The non-standard forms, which follow, are required for your AN/NHIAC application.

VerDate 162000 04:28 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00158 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9479

VerDate 162000 04:28 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00159 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9480 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 04:28 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00160 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9481

VerDate 162000 04:28 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00161 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9482 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 04:28 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00162 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9483

VerDate 162000 04:28 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00163 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 04:28 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00164 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9485

VerDate 162000 04:28 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00165 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 04:28 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00166 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9487

FUNDING AVAILABILITY FOR THE Opportunity, U.S. Department of based projects and $250,000 for State FAIR HOUSING INITIATIVES Housing and Urban Development, 451 and Regional based projects; project PROGRAM (FHIP) Seventh Street, SW, Room 5224, duration 24 months. (B) Education and Outreach Initiative Program Overview Washington, DC 20410. When you submit your application, (EOI). Approximately $6,500,000 is Purpose of the Program. To increase please provide the following allocated for 18–24 month projects as compliance with the Fair Housing Act information on the front of the mailing follows: (the FHAct) and with substantially envelope: your organization’s name, (1) Regional/Local/Community-Based equivalent State and local fair housing name of contact person, mailing address Program. Approximately $4,500,000 is laws. (including zip code), telephone number allocated for 18–24 month projects. Available Funds. Approximately (including area code), and fax number. (a) General Component (GC). $18,000,000 is allocated as follows: For Application Kits. For an $2,000,000; award cap: $300,000; A. Private Enforcement Initiative (PEI) application kit and supplemental project duration 24 months. $9,700,000. information, please call the HUD (b) Disability Component (DC). B. Education and Outreach Initiative SuperNOFA Information Clearinghouse $750,000; award cap: $150,000; project (EOI) $6,500,000. at 1–800–HUD–8929. If you have a duration 18 months. C. Fair Housing Organizations Initiative hearing or speech impairment, you may (c) Fair Housing Partnership (FHOI) $1,800,000. call the Center’s TTY at 1–800–HUD– Component (FHPC). $1,750,000; award Eligible Applicants. Eligible 2209. When requesting an application cap: $150,000 for Local/Community applicants are described in detail under kit, please refer to FHIP SuperNOFA based projects; $250,000 for State/ each of the funded Initiatives/ 2000, and provide your name, address Regional based projects; project Components set forth below. Depending (including zip code), and telephone duration 24 months. upon the Initiative/Component, number (including area code). (2) National Program. Approximately applicants may include: Application kits also will be available $2,000,000 is allocated for 24 month Qualified Fair Housing Organizations on the Internet at: http://www.hud.gov. projects. (QFHOs); Fair Housing Organizations For Further Information and (a) Model Codes Partnership (FHOs); public or private non-profit Technical Assistance. You may contact Component (MCPC). A single award of organizations or institutions and other Lauretta A. Dixon, Director, FHIP-FHAP $1,000,000. public or private entities that are Support Division, Office of Programs at (b) Community Tensions Component (CT). working to prevent or eliminate 202–708–0800 (which is not a toll-free A single award of $1,000,000. discriminatory housing practices; State number). Persons with hearing or (C) Fair Housing Organizations and local governments; and Fair speech impairments may contact the Initiative (FHOI). Approximately, Housing Assistance Program (FHAP) FHIP-FHAP Division by calling 1–800– $1,800,000 is allocated for the following agencies (as defined in Section 290–1617 (this is a toll free number). Components: IV(A)(16) of this program section). Satellite Broadcast. HUD will hold an (1) Establishing New Organizations Application Deadline. May 16, 2000. information broadcast via satellite for Component (ENOC). $1,200,000; award Match: None. potential applicants to learn more about cap: $400,000; project duration 24–36 months. Additional Information the program and preparation of an application. For more information about (2) Continued Development If you are interested in applying for the date and time of this broadcast, you Component (CDC). $600,000; award cap: funding under this program, please should consult the HUD web site at the $200,000; project duration 24 months. review carefully the General Section of web address listed above. Under this Component, your award may this SuperNOFA and the following not exceed 50 percent of your additional information. II. Amount Allocated organization’s annual operating budget, as defined in Section IV(A)(16) in this I. Application Due Date, Application In Fiscal Year 2000, $24,000,000 was program section of the SuperNOFA. Kits, Further Information, and appropriated for the Fair Housing Technical Assistance Initiatives Program. Approximately III. Program Description; Eligible $18,000,000 is being made available on Applicants; Eligible Activities Application Due Date. You must a competitive basis to eligible submit completed applications for all organizations responding to this (A) Program Description. The Fair Initiatives/Components on or before SuperNOFA. The remaining Housing Initiatives Program (FHIP) 12:00 midnight, Eastern time, on May approximately $6,000,000 has been assists projects and activities that 16, 2000, at HUD Headquarters, at the designated for the National Housing increase compliance with the Fair address shown below. Discrimination Audit 2000. Housing Act and substantially See the General Section of this The amount available for each equivalent State and local fair housing SuperNOFA for specific procedures Initiative/Component and the award cap laws. In June of 1997, the President governing the method of application (the maximum amount of funds that can launched his ‘‘One America for the 21st submission (e.g., mailed applications, be awarded for each grant) are allocated Century’’ initiative and made fighting express mail, overnight delivery, or as follows: discrimination and racial and ethnic hand carried). (A) Private Enforcement Initiative (PEI). violence an Administration priority. Address for Submitting Applications. Approximately $9,700,000 is allocated The President directed HUD to increase Your original application consists of an as follows: its enforcement actions. The activities original signed application and five (1) General Component (GC). funded under this SuperNOFA are copies. Submit your completed $7,950,000; award cap: $300,000 for expected to contribute to this increase. application (one original and five single projects, $600,000 for partnership Immigrant populations (especially copies) to: FHIP SuperNOFA 2000 projects; project duration 24–36 months. ethnic minorities who are not English [Specify the Initiative/Component to (2) Fair Housing Partnership speaking) are increasingly responsible which you apply], FHIP/FHAP Support Component (FHPC). $1,750,000; award for new household formations in the Division, Fair Housing and Equal cap: $150,000 for local/community United States, and they often face

VerDate 162000 04:28 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00167 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9488 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices formidable barriers because of the EOI-Fair Housing Partnership under the Fair Housing Partnership discriminatory housing practices. Component of this SuperNOFA. Components, i.e., applications will be Congress recognized that where we live, FHAP agencies, however, may apply selected in rank order only. perhaps more than any other factor, for funding of non-partnership activities (C) Private Enforcement Initiative (PEI). shapes our life prospects and who we under all other EOI Components. Your (1) Initiative Description. This Initiative become as individuals. It is especially application is ineligible unless you assists private fair housing enforcement important that fair housing efforts be devote at least sixty (60) percent of your organizations in the investigation and directed to the education and activities and budget to the fair housing enforcement of alleged violations of the enforcement needs of these immigrant needs of immigrant (especially ethnic Fair Housing Act and substantially populations and the specific types of minorities who are not English equivalent State and local fair housing discrimination they may encounter. speaking) and other underserved laws. Your activities under this Points will be awarded to applications populations, as defined in Section Initiative are expected to contribute to under the General Components of EOI IV(A)(16) in this program section of the increasing the number of HUD’s and PEI that devote all or a portion of SuperNOFA. enforcement actions. their activities and budget to address the (4) How To Apply. You must respond (a) Eligible Applicants. Eligible fair housing needs of these immigrant to Rating Factor 3: Soundness of applicants are FHOs with at least one populations and other underserved Approach, outlining your activities and year of experience in complaint intake, populations. Applicants under the the funds you are requesting for your complaint investigation, testing for fair Community Tensions Component of the partnership participation; and provide, housing violations, and meritorious EOI-National Program and the Fair as an attachment to Rating Factor 3, the claims (see, 24 CFR 125.401, (b)); and Housing Partnership Components of EOI total budget and a description of the QFHOs (see, 24 CFR 125.103). and PEI will not be eligible unless they overall partnership, including the duties (b) Eligible Activities include: devote at least sixty (60) percent of their and responsibilities of each partner. (i) Complaint intake of allegations of activities and budget to the fair housing (5) Interdependent Applications. This housing discrimination, testing, is a collaborative effort between FHIPs needs of immigrant (especially ethnic evaluating testing results, or providing and FHAPs. Your eligible FHAP partner minorities who are not English other investigative and complaint will not be funded unless your speaking) and other undeserved support for administrative and judicial application is selected. Furthermore, if populations. enforcement of fair housing laws; two members of the partnership submit (ii) Investigations of individual (B) New Program Focus—Fair applications under the Fair Housing complaints and systemic housing Housing Partnerships. HUD has long Partnership Components of EOI and PEI discrimination for further enforcement recognized the importance of private both applications must be rated of processing by HUD, through testing and fair housing groups partnering with Fair sufficient quality for funding and their other investigative methods; Housing Assistance Program (FHAP) overall ranking will be based on the (iii) Mediation or other voluntary agencies to vigorously enforce the Fair average of their combined scores (see resolution of allegations of fair housing Housing Act and substantially discussion in Section V), i.e., the discrimination after a complaint has equivalent state and local fair housing applications are interdependent. been filed; and laws. HUD has set aside $7 Million to (6) Project Duration and Award Caps. (iv) Costs and expenses of litigating promote collaborative enforcement These are 24 months projects. The fair housing cases, including expert efforts between these two groups. The award caps for each partner are from witness fees. funds are equally divided between $150,000 to $250,000 depending on (2) PEI-General Component (PEI-GC). FHAP and FHIP, i.e., $3.5 million to whether the project focus is local/ Component Description. This each program. The $3.5 million FHIP community-based, or state/regional. Component supports investigation and set-aside is evenly allocated Thus, a regional project which, in enforcement activities which determine ($1,750,000) to the Fair Housing addition to the FHAP, has two compliance with accessibility Partnership Components of the Private partnering FHIP organizations, one requirements; discover and remedy Enforcement and Education and which has applied under EOI–FHPC discrimination in the public and private Outreach Initiatives. As indicated by and the other under PEI–FHPC, could real estate markets; propose and these program requirement highlights, qualify for a maximum of $750,000 for undertake activities to detect and HUD is determined to remove any the project, i.e., $250,000 to each remedy more subtle and sophisticated obstacles which might discourage these partner. forms of discriminatory practices; and joint enforcement efforts. The program (7) Exemptions. HUD has added these reduce steering and other practices highlights are: Components to those exempted from the perpetuating segregation. (1) Project Emphasis. The project(s) single award and funding/geographic (a) Eligible Applicants. Eligible must focus on the enforcement and diversity provisions. applicants are QFHOs and FHOs as education needs of immigrant (8) Single Award Limitation. described in Section III(C)(1)(a) above. (especially ethnic minorities who are Generally, applicants are limited to a You are not eligible if you are currently not English speaking) and other single award; by adding the Fair receiving PEI-General Component underserved populations. Housing Partnership Components to the funding awarded to you under a (2) Eligibility. You are eligible only if excepted category, you may receive up previous NOFA, and, your grant you partner with an eligible FHAP to three awards (see discussion in agreement expires after June 30, 2001. agency. The list of eligible FHAP Section IV (A)(3) of this program section However, you may apply for funding agencies may be obtained from your of the SuperNOFA). under any other FHIP Initiative/ Hub Office and will be posted on the (9) Funding and/or Geographic Component. HUD web at ‘‘www.hud.gov.’’ Diversity Provisions. Under these Your application will be considered (3) FHAP Agencies. FHAP agencies provisions the Selecting Official, within either as a single or partnership project wishing to participate in this limited circumstances, may select (see, Section IV(C)(1) of this program partnership must do so under the Fair applications out of rank order. These section for more details). If you are Housing Assistance Program, not under provisions will not apply to selections submitting a partnership application, all

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00168 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9489 members of your partnership must meet application but your Statement of Work rights organization, you are encouraged the eligibility requirements of this identifies the activities and tasks to be to apply under this Initiative. The Component, and a separate Statement of conducted by each partner, then your reference to ‘‘entities that are Eligibility for each must be included in failure to provide the letter will be formulating programs to prevent or your application as an attachment to considered a technical deficiency and eliminate discriminatory housing Rating Factor 1: Capacity of Applicant may be corrected as noted in Section V practices’’ means entities which will be and Relevant Organizational of the General Section of this established to carry out programs to Experience. A letter of firm commitment SuperNOFA. prevent or eliminate discriminatory must be included stating that the (b) Eligible Activities. Eligible housing practices as a result of receiving partner(s) agrees to the proposed activities are the same as described in a FHIP award. Statement of Work and will participate Section III(C)(1)(b) above. Your (b) Eligible Activities. Unless in the project, if selected for award. If application is ineligible unless you otherwise noted, the following activities you fail to include this letter of firm devote at least sixty (60) percent of your are eligible for all Components under commitment with your application, but activities and budget to the fair housing this Initiative: conducting educational you have stipulated the activities and of needs of immigrant (especially ethnic symposia; distributing existing fair tasks to be undertaken by each partner minorities who are not English housing materials throughout your in your Statement of Work, the failure speaking) and other underserved project area; providing outreach and to provide the letter will be treated as populations (as defined in Section information on fair housing through a technical deficiency corrected as IV(A)(16) in this program section). printed and electronic media; and noted in Section V of the General Points will be awarded in Rating Factor providing outreach to persons with Section of this SuperNOFA. 3: Soundness of Approach based upon disabilities and/or their support (b) Eligible Activities. Eligible the percentage of your activities and organizations and service housing activities are described in Section your budget devoted to these immigrant providers, and the general public III(C)(1)(b) above. Points will be and other underserved populations. regarding the rights of persons with awarded in Factor 3: Soundness of (c) Funding Outreach Activities. If you disabilities under the Fair Housing Act. Approach, based upon the percentage of are partnering with an organization If you are submitting an application your activities and your budget devoted which requests funding for EOI under the Regional/Local/Community- to the fair housing enforcement needs of activities under the EOI-FHPC, your Based Program, you must use existing, immigrant (especially ethnic minorities budget, and the budget of any other locally available materials, i.e., you may who are not English speaking) and other partner(s) carrying out activities under not develop new fair housing materials underserved populations (as defined in this Component, may designate no except as a supplement to existing Section IV(A)(16) of this program requested funds for education and materials and/or in languages other than section of the SuperNOFA). outreach to promote awareness of the English or Braille. (3) Fair Housing Partnership partnership. The partner requesting (2) Regional/Local/Community-Based Component (PEI-FHPC). Component funds under the EOI-FHPC will conduct Program. General Component (EOI-GC). Description. This Component promotes all education and outreach activities on Component Description. This collaborative fair housing enforcement behalf of the partnership. However, if Component supports education and projects that propose strategic planning you are not partnering with an outreach activities designed to inform between public fair housing organization which requests funding for the public about their rights and enforcement agencies eligible under the EOI activities under the EOI-FHPC, your obligations under the Fair Housing Act Fair Housing Assistance Program budget may designate up to 20 percent and substantially equivalent State and (FHAP) and organizations eligible under of requested funds for education and local fair housing laws. this Initiative. The strategic plan will outreach to promote awareness of the (a) Eligible Applicants. Eligible draw upon the resources, strengths, and partnership. applicants are the same as described in expertise of the FHIP and FHAP (D) Education and Outreach Initiative Section III(D)(1)(a), above. partners to promote more effective fair (EOI). (1) Initiative Description. This (b) Eligible Activities. Eligible housing enforcement. Funded activities Initiative assists projects that inform activities are the same as described in will address all protected classes and and educate the public about their rights Section III(D)(1)(b), above. Also eligible include all covered real estate practices. and obligations under the Fair Housing under this Component are activities that (a) Eligible Applicants. Eligible Act and substantially equivalent State seek to reduce racial and other housing applicants are QFHOs and FHOs as and local fair housing laws. One of the segregation or are intended to improve described in Section III(C)(1)(a) above tasks you are required to complete is the racial/ethnic minorities’ access to and that propose collaborative strategic fair development of a complaint referral retention of homeownership by housing enforcement plans with an process so that activities funded under addressing multiple barriers to fair eligible FHAP agency(ies). You should all Components of this Initiative will housing choice, e.g., mortgage lending contact your local Hub Office to identify result in an increased number of discrimination and/or abusive and eligible FHAP agencies with which you referrals to HUD of credible, legitimate predatory mortgage lending practices, may partner. A list of Hub Offices is fair housing claims and other which may result in the ultimate loss of provided in the FHIP Appendix B at the information regarding discriminatory homes for racial/ethnic minorities. end of the Program Section of this practices. Points will be awarded in Rating Factor SuperNOFA, and the list of eligible (a) Eligible Applicants. Eligible 3: Soundness of Approach based upon FHAP agencies will be posted on the applicants are QFHOs; FHOs; public the percentage of your activities and HUD web at ‘‘www.hud.gov.’’ A letter of and private non-profit organizations or your budget devoted to immigrant firm commitment must be included institutions and other public or private (especially ethnic minorities who are stating that the partner(s) agrees to the entities that are formulating or carrying not English speaking) and other proposed Statement of Work and will out programs to prevent or eliminate underserved populations. participate in the project, if selected for discriminatory housing practices; State (3) Disability Component (EOI-DC). award. If you fail to include this letter or local governments; and FHAP Component Description. This of firm commitment with your agencies. If you are a traditional civil Component supports education and

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00169 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9490 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices outreach activities designed to address (b) Eligible Activities. Eligible the roles of each partner must be clearly the fair housing needs of persons with activities are the same as described in delineated. Your application must disabilities so that they, housing Section III(D)(1)(b), above. Your identify additional sub-recipients and providers, and the public better application will be ineligible unless you consultants/contractors who will work understand the rights and obligations devote at least sixty (60) percent of your on this project. A letter of firm under the Fair Housing Act and more activities and budget to immigrant commitment must be included stating fully appreciate the forms of housing (especially ethnic minorities who are that the partner(s) agrees to the discrimination which persons with not English speaking) and other proposed Statement of Work and will disabilities may encounter. underserved populations (as defined in participate in the project, if selected for (a) Eligible Applicants. Eligible Section IV(A)(16) of this program award. If you fail to include this letter applicants are the same as described in section). of firm commitment with your Section III(D)(1)(a), above. (c) Funding Outreach Activities. If application but your Statement of Work (b) Eligible Activities. Eligible your partnership also includes a QFHO identifies the activities and tasks to be activities are the same as described in or an FHO that is requesting funding conducted by each partner, then your Section III(D)(1)(b), above. under the PEI-FHPC, your organization failure to provide the letter will be (4) Fair Housing Partnership is required to conduct all education and considered a technical deficiency and Component (EOI-FHPC). Component outreach activities to promote the may be corrected as noted in Section V Description. This Component promotes partnership. Funds requested by your of the General Section of this collaborative education and outreach PEI-FHPC partner will be used as SuperNOFA. projects of strategic planning between described in Section III(C)(3)(c), above. (b) Eligible Activities. (i) Where State (5) National Program. Model Codes public fair housing enforcement and local governmental entities have Partnership Component (EOI-MCPC). agencies (eligible for funding under the adopted one of the four model building Component Description. This Fair Housing Assistance Program codes reviewed by the HUD Model Component promotes collaborative (FHAP)) and organizations eligible Codes Working Group (Working Group), activities involving disability rights under this Initiative. Therefore, your your application should describe how advocacy groups, housing industry strategic plan should draw upon the you will: organizations, and other agencies and resources, strengths, and expertise of the — Assist those State and local institutions capable of facilitating and FHIP and FHAP partners to promote governmental entities in modifying encouraging adoption of building codes their building codes by adopting more effective fair housing education at the State and local levels that are language to make the building codes and outreach. Funded activities will consistent with the accessibility consistent with the accessibility address all protected classes and requirements of the Fair Housing Act, requirements of the Fair Housing Act; include all covered real estate practices. its implementing regulations, and the (a) Eligible Applicants. Eligible and Fair Housing Accessibility Guidelines. —Educate State and local building code applicants are those listed in Section (a) Eligible Applicants. Eligible officials on the requirements; III(D)(1)(a), above, except for FHAP applicants are the same as described in agencies, which are not eligible for Section III(D)(1)(a) above, with (ii) Where State and local governmental funding under this component. An demonstrated technical expertise in the entities with building codes have not applicant under this component must design and construction requirements of adopted one of the model building propose collaborative strategic fair the Fair Housing Amendments Act of codes, your application should housing education and outreach plans 1988, the applicable implementing describe how your activities will: with an eligible FHAP agency(ies). The regulations, the Fair Housing — Review those building codes for funding for FHAP agencies wishing to Accessibility Guidelines, the ANSI consistency with the accessibility participate in this partnership is under A117.1 technical standards, and State requirements of the Fair Housing Act, the Fair Housing Assistance Program and local building codes. You may its Amendments, the Act’s rather than FHIP. establish your ‘‘demonstrated technical implementing regulations, and the You should contact your local Hub expertise’’ in many ways; for example, Fair Housing Accessibility Office to identify eligible FHAP you have taken a course/attended a Guidelines; agencies with which you may partner. A seminar on the accessibility provisions —Work with State and local building list of Hub Offices is provided in the of the Fair Housing Act and have code organizations, members of the FHIP Appendix B at the end of this applied that training to your work as, for building industry, advocacy program section of this SuperNOFA and example, a building inspector, architect, organizations, fair housing the list of eligible FHAP agencies will housing provider, or developer in a organizations and other experts on appear on the HUD web at jurisdiction with a building code that accessibility laws, codes and ‘‘www.hud.gov.’’ A letter of firm incorporates these provisions, or your standards to make the building codes commitment must be included stating work experience has made you consistent with the Fair Housing Act’s that each partner(s) agrees to the knowledgeable about design and accessibility requirements; proposed Statement of Work and will construction requirements of the Fair —Assist in adopting the modified participate in the project, if selected for Housing Act/Accessibility Guidelines, building codes; and award. If you fail to include this letter the ANSI A117.1 technical standards, —Educate State and local building code of firm commitment with your and State and local building codes. officials on the requirements; application but your Statement of Work Course(s) descriptions, specific (iii) Where communities do not have identifies the activities and tasks to be examples of work experiences and years building codes, your application must conducted by each partner, then your of experience must be highlighted when show how you will: failure to provide this letter will be establishing technical expertise. Only —Develop and implement a strategy for considered a technically deficiency and applications filed by a minimum of two ensuring that the building industry is may be corrected as noted in Section V entities, at least one of which is a made aware of and understands the of the General Section of this disability rights advocacy group or Fair Housing Act’s accessibility SuperNOFA. organization, will be considered, and requirements;

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00170 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9491

—Develop a list of ‘‘Best Practices’’ for IV(A)(16)) and immigrant groups that will support HUD goals, identify ensuring that the building industry is are non-English speaking—and has performance measures/outcomes in made aware of and understands the targeted for funding priority support of those goals, and identify Fair Housing Act’s accessibility applications which address the needs of current (baseline) conditions and target requirements; and those two groups. HUD hopes to level of the performance measure that —Review State and local governmental establish three new organizations and, you plan to achieve. Your application building codes that are modified to pursuant to this priority determination, also must contain a strategy for make them consistent with the Fair two of the three awards will go to achieving project products, with related Housing Act’s accessibility applicants addressing the needs of these timelines and milestones. If selected for requirements to ensure that the groups (i.e., one rural; and one non- funding for one or more Components, modifications are consistent with the English speaking immigrant group). You your final performance measures and Fair Housing Act, the Act’s must provide proof that the project area products will be negotiated between you implementing regulations and the Fair is underserved. In addition, you must and HUD as part of your executed grant Housing Accessibility Guidelines. submit data and studies that indicate agreement. (6) Community Tensions Component the presence of housing discrimination, (2) Reports and Meetings on (EOI–CT). Component Description. This segregation and/or other indices of Performance Measures and Products. In Component will assist a 24-month discrimination in the project area based your final grant report, you must project that proposes to prevent the upon race, color, religion, sex, national describe the status of performance measures in a spreadsheet format or emergence of community tensions that origin, familial status or disability. other manner specified by the may occur when persons protected (3) Continued Development Department. You are required to report under the Fair Housing Act, exercise Component (FHOI–CDC). Component quarterly on the status of project their right to equal housing opportunity Description. This Component provides products against your approved and move into communities where support to build the enforcement milestones and timelines and meet at persons similarly protected under the capacity of newly established fair least semi-annually with HUD to ensure Act have not previously lived or have housing enforcement organizations that project activities satisfy grant been underrepresented; and intervene created under past FHOI–ENOC awards. (a) Eligible Applicants. QFHOs and requirements. when community tensions emerge and (3) Single Award Limitation/ create volatile situations which harm, or FHOs created as new organizations under the FHOI–ENOC with grant Preference Must Be Stated. (a) Except as threaten to harm, those exercising their provided in paragraph (b) of this rights to equal housing opportunities. agreements that expire by June 30, 2001 or before. A list of all organizations section, you may apply for funding (a) Eligible Applicants. Eligible under all Components for which you are applicants are the same as described in created under ENOC is provided in the FHIP Appendix A at the end of this an eligible applicant, but you may Section III(D)(1)(a), above. receive only one award. If you apply for (b) Eligible Activities. Eligible program section of this SuperNOFA; you must list the expiration date of your funding under more than one Activities are the same as described in Component, you must clearly state your Section III(D)(1)(b), above. You must ENOC grant agreement. (b) Eligible Activities. Your proposed priority for selection and indicate your develop more than one plan which preference in the Transmittal Letter and communities can use to prevent and activities must build your enforcement capacity by undertaking all or some of on the Cover Page of your application. resolve community tensions when If you are selected for funding in more protected classes exercise their fair the following activities: (i) Complaint intake of allegations of than one Component, the selecting housing choices. HUD expects your housing discrimination; testing, official may honor your preference if it plans will vary depending upon the size evaluating testing results or providing is in the best interest of the program. and the cultural, racial and ethnic other investigative and complaint Failure to submit your preference at the diversity of communities. support for administrative and judicial time of application, will be treated as a (E) Fair Housing Organizations enforcement of fair housing laws; technical deficiency, which may be Initiative (FHOI). (1) Initiative (ii) Investigations of individual corrected as noted in Section V of the Description. This Initiative assists in complaints and systemic housing General Section of this SuperNOFA. creating new fair housing enforcement discrimination for further enforcement (b) The requirements of paragraph (a) organizations and in building the processing by HUD, through testing and of this section do not apply to the enforcement capacity of existing fair other investigative methods; Components listed in this paragraph. housing organizations. (iii) Mediation or other voluntary You may receive up to 3 awards, i.e., in (2) Establishing New Organizations resolution of allegations of fair housing addition to the single award for which Component (FHOI–ENOC). Component discrimination after a complaint has you are eligible under paragraph (a) of Description. The objective of this been filed; and this section, if you are an eligible Component is to establish new fair (iv) Costs and expenses of litigating applicant for the following Components, housing enforcement organizations in fair housing cases, including expert you may also apply for, and are eligible underserved areas (as defined in Section witness fees. to receive an FHOI-Establishing New IV(A)(16) of this program section). Organizations Component (ENOC) (a) Eligible Applicants. Only QFHOs IV. Program Requirements award, and/or either one EOI-National are eligible to apply under this (A) Requirements For All Initiatives/ Program award or one Fair Housing Component. Components. In addition to the Partnership award. (b) Eligible Activities. You must requirements listed in Section II of the (4) Independence of Awards. propose to establish a new fair housing General Section of this SuperNOFA, Although there is no limitation on the organization in an underserved area. you must also meet the following number of applications that you may HUD has identified two groups whose requirements: submit, applications must be fair housing needs have been (1) Performance Measures and independent and capable of being underserved—persons who reside in Products. Your application must implemented without reliance on the rural areas (as defined in Section demonstrate how your project activities selection of other applications

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00171 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9492 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices submitted by you or other applicants. other requirement, HUD will take in the project, if selected for award. The This requirement does not apply to the appropriate action in accordance with letter of firm commitment must be Fair Housing Partnership Components 24 CFR 84.62. Such action may include: signed by an official of each partnering of EOI and PEI which are written reprimand; consideration of past organization who is authorized to make interdependent, and it does not performance in ranking future FHIP commitments on behalf of his/her preclude you from submitting an applications; reimbursement of funding organization. If you fail to submit this application that includes other it has received under the grant; or documentation with your application, organizations as sub-recipients. temporary or permanent denial of but you have stipulated the activities (5) Project Starting Period. For participation in the FHIP program in and tasks to be undertaken by each planning purposes, assume a start date accordance with 24 CFR part 24. partner in your Statement of Work, the no later than September 30, 2000. (12) Avoiding Double Payments. If failure to provide the letter will be (6) Page Limitation. The narrative you are awarded funds under this treated as a technical deficiency response for each of the five rating SuperNOFA, you (and any sub- corrected as noted in Section V of the factors for award is limited to ten pages recipient) may not charge or claim General Section of this SuperNOFA. per factor (this does not include forms credit for the activities performed under (e) Model Codes Partnership or documents that are required under this project to any other Federal project. Component. You are eligible only if you each factor). The pages should be (13) Requirements for All are or partner with a disability rights numbered consecutively. Narrative Partnerships. If you are submitting a advocacy group or organization. If you pages exceeding the ten page limit will partnership application, you must meet fail to meet these requirements, your not be evaluated. Furthermore, the following requirements: application will be ineligible. unrequested items, such as brochures (a) You must clearly designate the For applications submitted under PEI and news articles, will not be organization submitting the application and FHOI: considered. You should respond fully to as the single organization with (f) Non-Profit Status. If you are each factor. Failure to provide narrative responsibility for administering the applying under the PEI and FHOI responses to all factors will result in grant and overseeing project activities. Initiatives, you must submit your application not receiving points for (b) All members of your partnership, documentation with your application the information omitted, which may including sub-recipient organizations, that you are a section 501(c)(3) tax- significantly affect your application must be identified in your application exempt organization as determined by score. with the duties and responsibilities the Internal Revenue Service. Failure to (7) Training. Your proposed budget fully described for each. submit this documentation with your must include a training set-aside of (c) A letter of firm commitment must application will be treated as a technical $3,000 for 18-month projects and $6,000 be submitted as discussed in paragraph deficiency, which may be corrected as for 24–36 month projects. HUD will 14(d). below. noted in Section V of the General permit recipients to use these funds to (14) Ineligible Applications. For Section of this SuperNOFA. attend both HUD-sponsored and HUD- applications under all Initiatives/ For applications submitted under approved training. Components: PEI–General Component: (8) Payment Contingent on (a) General Section Requirements and (g) Current Recipient of Funds. You Completion. Payments, including multi- Procedures. If you fail to meet the are not eligible under this component if year award increments, are contingent requirements set forth in Section II of you are currently receiving PEI–General on the satisfactory completion of your the General Section of this SuperNOFA, Component funding awarded to you project activities and products as called your application will be deemed under a previous NOFA, and your grant for in your grant or cooperative technically deficient and correctable as agreement expires after June 30, 2001. agreement. noted in Section V of the General For applications submitted under (9) Accessibility Requirements. All Section of this SuperNOFA. FHOI–CDC: activities and materials funded by this (b) Award Caps. If you request (h) Newly Established Fair Housing Program must be accessible to persons funding in excess of the maximum Enforcement Organizations. You are not with disabilities (24 CFR 8.4, 8.6, and allowed under the Component for eligible under this Component if you are 8.54). which you are applying, your a QFHO or FHO created as a new (10) Copyright Materials. You may application will be ineligible. organization under the FHOI–ENOC and copyright any work that is eligible for (c) Research Activities. Projects aimed your grant agreement expires after June copyright protection; however, HUD solely at research which do not result in 30, 2001. reserves the right to reproduce, publish, the increase of enforcement actions, For applications submitted under the or otherwise use your work for Federal including but not limited to surveys and community tensions component of the purposes, and to authorize others to do questionnaires, are not eligible for EOI–National Program and the Fair so as outlined in 24 CFR 84.36. funding. Housing Partnership Components of EOI (11) Complaints Against Awardees. and PEI: To assure high quality performance of For Applications That Propose (i) You are ineligible unless you all grants or cooperative agreements Partnership Activities (Fair Housing devote at least sixty (60) percent of your resulting from awards made under this Partnership Components of EOI and activities and budget to the fair housing NOFA, HUD is implementing a process PEI, Model Codes Partnership needs of immigrant (especially ethnic to consider complaints from the public Component of EOI–National Program, minorities who are not English regarding FHIP-funded activities. If after Partnership Projects of the PEI General speaking) and other underserved notice and consideration of relevant Component) populations. information, HUD concludes that there (d) All Partnership Components. You (15) Ineligible Activities. (a) Fair has been inappropriate conduct, such as must include in your partnership Housing and Free Speech. None of the a violation of FHIP program application a letter of firm commitment amounts made available under this requirements, grant, or cooperative from all project partners, stating that the SuperNOFA may be used to investigate agreement terms or conditions or any partner(s) agrees to the proposed or prosecute under the Fair Housing Act other applicable statute, regulation or Statement of Work and will participate any otherwise lawful activity engaged in

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00172 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9493 by one or more persons, including the analyzing housing-related issues; in- persons protected under the Fair filing or maintaining of a non-frivolous taking complaints; testing; evaluating Housing Act. legal action, that is engaged in solely for testing results; conducting preliminary Underserved populations means the purpose of achieving or preventing investigations; conducting mediation; individuals who fall within one or more action by a government official or entity, enforcing meritorious claims through of the categories protected under the or a court of competent jurisdiction. litigation or referral to administrative Fair Housing Act who are also: (1) Of a (b) Suits Against the United States. No enforcement agencies; and immigrant population (especially ethnic recipient of assistance under this disseminating information about fair minorities who are not English program may use any funds provided by housing laws. speaking), (2) in rural populations, (3) HUD for the payment of expenses in Meritorious Claims means among the homeless, and (4) among connection with litigation against the enforcement activities by an persons with disabilities that can be United States (24 CFR 125.104(f)). organization as defined in 24 CFR historically documented to have been (c) Litigation Funds. No recipient of 125.103. subject to discriminatory practices not assistance under this program may use Operating Budget means your having been the focus of Federal, State any funds provided by HUD for organization’s total planned budget or local fair housing enforcement efforts. purposes of settling claims, satisfying expenditures from all sources, including (B) Requirements For Private judgments or fulfilling court orders in the value of in-kind and monetary Enforcement Initiative and Fair Housing any litigation action involving either the contributions, in the period for which Organizations Initiative. Department or housing providers funding is requested. (1) Broad-Based and Full Service funded by the Department. Qualified Fair Housing Enforcement Projects. If you are applying under (16) Program Definitions. The Organization (QFHO) means an either of these Initiatives, your activities definitions that apply to this FHIP organization engaged in fair housing must be broad-based and full service section of the SuperNOFA are as activities as defined in 24 CFR 125.103. enforcement projects, as defined above, follows: Regional/Local/Community-Based that address discrimination against Broad-based projects are not limited Activities are defined at 24 CFR 125.301. persons protected by the Fair Housing to a single fair housing issue, instead Rural Areas (as defined by other HUD Act. Furthermore, your activities must they cover multiple issues related to programs, e.g., the Rural Housing and contribute in measurable ways to HUD’s housing discrimination covered under Economic Development Program of commitment to increase its enforcement the Fair Housing Act, such as: rental, Community Planning and Development actions. sales and financing of housing. Enforcement actions includes charges (CPD)) may be defined in one of five (2) Mandatory Referrals. You are issued under the Fair Housing Act, ways: required to refer to HUD all cases arising settlements with relief equivalent to, or (i) A place having fewer than 2,500 from FHIP-funded enforcement greater than, what HUD would seek had inhabitants (within or outside of activities. In all FHIP-funded cases a charge been issued; settlements with metropolitan areas). where you find a basis for filing a relief for a broad class of victims; (ii) A county with no urban complaint on behalf of a bona fide referrals to the Department of Justice population (i.e., city) or 20,000 complainant other than your (DOJ), where it has legal authority to inhabitants or more. Territory, persons organization, you must file the take further action: zoning and land use and housing units in the rural portions complaint with HUD unless the cases (42 U.S.C. 3614(b)); pattern and of ‘‘extended cities.’’ complainant refuses, in writing, to do practice cases (42 U.S.C. 3614(a)); (iii) The U.S. census bureau identifies so. In addition to filing with HUD, a requests for prompt judicial action; (42 the rural portions of extended cities in bona fide complainant may file in U.S.C. 3610(e)); and allegations of the United States. Federal or State Court. criminal violations of the Fair Housing (iv) Open country which is not part of (3) Outreach Expenses. For all Act (42 U.S.C. 3631). or associated with an urban area. The Components of PEI and FHOI except for Enforcement proposals are potential United States Department of Agriculture PEI-FHPC (see, Section III(C)(3)(c)), your complaints under the Fair Housing Act (USDA) determines what constitutes budget may designate up to 10 percent that are timely, jurisdictional, and well ‘‘open country.’’ of requested funds for education and developed, which could reasonably be (v) Any place with a population not outreach to promote awareness of expected to become enforcement actions in excess of 20,000 and is not located in services available, if the education if an impartial investigation finds a Metropolitan Statistical Area. activities are necessary for the evidence supporting the allegations and Traditional Civil Rights Organizations successful implementation of your the cases proceeded to a resolution with means non-profit organizations or project. HUD involvement. institutions and/or private entities with (4) Tester Requirements. Testers in Fair Housing Assistance Program a history and primary mission of your FHIP-funded testing activities must (FHAP) Agencies means State and local securing Federal civil rights protection not have prior felony convictions or agencies that administer laws for groups and individuals protected convictions of crimes involving fraud or substantially equivalent to the Fair under the Fair Housing Act and perjury. All testers must receive training Housing Act, as described in 24 CFR substantially equivalent State or local acceptable to HUD or be experienced in part 115. laws and which are engaged in testing procedures and techniques. Fair Housing Enforcement programs to prevent or eliminate Testers and the organizations Organization (FHO) means an discriminatory housing practices. conducting tests, and the employees and organization engaged in fair housing Underserved areas means agents of these organizations may not: activities as defined in 24 CFR 125.103. jurisdictions where no public or private (a) Have an economic interest in the Full service projects must include fair housing enforcement organizations outcome of the test; however, testers more than one type of the following exist or which are not sufficiently retain their right to recover damages as enforcement related activities in your served by one or more public or private provided by law; project application: interviewing enforcement fair housing organizations, (b) Be a relative related by adoption, potential victims of discrimination; and contain large concentrations of blood, or marriage of any party in a case;

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00173 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9494 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(c) Have had any employment or other contents specified by HUD. Your report to Rating Factor 1: Capacity of affiliation, within the past year with the must include: the number and basis of Applicant and Relevant and person or organization to be tested; or claims/complaints filed with HUD or in Organizational Experience, and (d) Be a licensed competitor of the Federal/State court and the number and (b) Your Statement of Eligibility must person or organization to be tested in terms of settlements or other outcomes make clear you are submitting a PEI–GC the listing, rental, sale, or financing of achieved. You do not have to produce partnership application. real estate. the terms of settlements ordered by a (D) Additional Requirements for (5) Testing Experience. When court or other tribunal to be kept Education and Outreach Initiative proposing testing other than rental or confidential. National Program and Regional/Local/ accessibility testing, you must (9) Enforcement Log. You are required Community-Based Program. document, to HUD’s satisfaction, that at to record information about the funded (1) All projects must address housing minimum you have conducted project in a case tracking log (or Fair discrimination based on race, color, successful rental testing. Documentation Housing Enforcement Log) to be religion, sex, disability, familial status, of your experience must include, a supplied by HUD. Such information or national origin. general description of: when and where must include: the number of complaints (2) Your application must contain a tests occurred, the entities tested, and of possible discrimination you have description of how your activities or the overall results of the tests, including received; the protected basis of these your final products can be used by other complaints filed and settlements or complaints; the issue, test type, and agencies and organizations. If remedies secured. The description and number of tests utilized in the modifications are necessary for use by the required documentation should be investigation of each allegation; the others, describe the modifications. included as part of your response to respondent type and testing results; the (3) You must describe in Factor 3: Rating Factor 1: Capacity of the time for case processing, including Soundness of Approach, your referral Applicant and Relevant Organizational administrative or judicial proceedings; process for filing complaints with HUD. Staff. You must include copies of testing the cost of testing activities and case HUD expects this complaint referral methodologies and training materials processing; to whom the case was process will result in an increased used. The testing methodology and referred; and the resolution and type of number of referrals to HUD of credible, procedures will remain confidential for relief sought and received. You must legitimate fair housing claims and other agree to make this log available to HUD. enforcement purposes. information regarding discriminatory This log will be considered confidential (6) Review and Approval of Testing practices. Methodology. If your Statement of Work for enforcement purposes. (E) Additional Requirements For Fair proposes testing, other than rental (10) Information Requirements. Your Housing Organizations Initiative: testing, HUD reserves the right to application must include a description Establishing New Organizations require as a product to be reviewed and of the enforcement proposals to be Component ENOC. As discussed in approved by HUD prior to your carrying referred to HUD to increase enforcement Section III(E)(2)(b), HUD has targeted out the testing activities: actions. Therefore, you must state what certain jurisdictions for funding (a) The testing methodology to be information you intend to collect and priority. You must propose to establish used, and analyze, the type of complaints you (b) The training to be provided to anticipate referring to HUD for a new fair housing enforcement testers. Your testing methodology and enforcement purposes, and a method for organization in an underserved area. procedures will remain confidential for referring such complaints. Your Even if you are proposing to create an enforcement purposes. application should explain how you organization in one of these funding (7) Conflict of Interest and Use of plan to structure tests, train priority areas, you must provide proof Settlement Funds Certifications. investigators, conduct investigations, that the project area is underserved. In (a) You must certify that you will not etc. This description should make clear addition, you must submit data and solicit funds from or seek to provide fair the safeguards to be used to ensure that studies that indicate the presence of housing educational or other services or complaints referred to HUD for housing discrimination, segregation products for compensation either enforcement action are fully and/or other indices of discrimination directly or indirectly to any person or jurisdictional under the Act and in the project area based upon race, organization that has been the subject of supported by credible and legitimate color, religion, sex, national origin, FHIP-funded testing by you during the evidence that the Act has been violated. familial status or disability. 12 month period following the test. This All this information should be provided (F) Additional Requirements for Fair does not preclude settlement based on in response to Factor 3: Soundness of Housing Partnerships Initiatives. investigative findings. HUD reserves the Approach. (1) The project(s) must focus on the right to negotiate with awardees (C) Additional Requirements For enforcement and education needs of additional provisions addressing Private Enforcement Initiative. immigrant (especially ethnic minorities potential conflicts of interest. (1) PEI-General. If you apply for this who are not English speaking) and other (b) When you receive funds as the Component as a single or partnership underserved populations. result of enforcement activities funded project, the amount awarded will vary (2) You are eligible only if you partner in whole or in part by the FHIP as noted in Section II, Amount with an eligible FHAP agency. The list program, including testing, you shall Allocated, in this program section of the of eligible FHAP agencies may be reimburse the United States for the SuperNOFA. A higher award cap may obtained from your Hub Office and will FHIP-funded activities. To accomplish be requested for partnership projects. In be posted on the HUD web at this, you shall reimburse the United addition to meeting the requirements for ‘‘www.hud.gov.’’ FHAP agencies States for the FHIP-funded activities in all partnerships (see Section IV(A)(13)): wishing to participate in this accordance with procedures set forth in (a) All partners must meet the partnership must do so under the Fair your grant or cooperative agreement. eligibility requirements of this Initiative Housing Assistance Program, not under (8) Reports. You must provide reports (see Section III(C)(1)(a) and (b)), and the EOI-Fair Housing Partnership in a format (which may be computer submit separate Statements of Eligibility Component of this SuperNOFA, generated), at a frequency and with with this application as an attachment however, they may apply for funding of

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00174 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9495 non-partnership activities under all evaluated competitively against all other applicant with a higher score under other EOI Components. applications submitted under one of the Rating Factor 1: Capacity of the (3) Your application is ineligible following Components: Applicant and Relevant Organizational unless you devote at least sixty (60) (1) Private Enforcement Initiative (PEI): Experience will be ranked higher. If percent of your activities and budget to (a) General Component these scores are identical, then the the fair housing needs of immigrant (b) Fair Housing Partnership applicant with the request for lower (especially ethnic minorities who are Component FHIP funding will be ranked higher. not English speaking) and other (2) Education and Outreach Initiative (C) Selections. (1) General. Except as underserved populations, as defined in (EOI): noted in paragraph (2) Achieving Section IV(A)(16). (a) Regional/Local/Community-Based Diversity of Awards, below, proposals of (4) You must respond to Rating Factor Program: sufficient quality to be funded will be 3: Soundness of Approach, outlining (i) General Component funded in rank order until all available your activities and the funds you are (ii) Disability Component funds have been obligated or until no requesting for your partnership (iii) Fair Housing Partnership applications of sufficient quality participation, and provide, as an Component remain. The diversity provisions attachment to Rating Factor 3, the total (b) National Program: described below do not apply to the Fair budget and a description of the overall (i) Model Codes Partnership Housing Partnership Components of PEI partnership, including the duties and Component and EOI. responsibilities of each partner. (ii) Community Tensions Component (2) Achieving Diversity of Awards. (5) This is a collaborative effort (3) Fair Housing Organizations Initiative The selecting official shall have between FHIPs and FHAPs. Your (FHOI): discretion to skip over applicants in eligible FHAP partner will not be (a) Establishing New Organizations funding a Component in accordance funded unless your application is Component with the funding diversity or geographic selected. Furthermore, if two members (b) Continued Development diversity procedure or both procedures. of the partnership submit applications Component If the selecting official decides to use under the Fair Housing Partnership You will be awarded points and any of these procedures, the selecting Components of EOI and PEI, both assigned a score based on the Factors for official shall apply that procedure applications must be rated at or above Award. After eligible applications are equally to all applications of sufficient the cutoff point and then their overall evaluated against the Factors for Award quality. If the selecting official opts to ranking will be based on the average of and assigned a score, they will be use both procedures, he/she will use the their combined scores (see discussion in ranked in order by score. A minimum funding diversity procedure first, and Section V), i.e., the applications are score of sixty 60 points will be then apply the geographic diversity interdependent. procedure. These procedures are (6) These are 24 months projects. The considered a cutoff point and an applied Component-by-Component. No award caps for each partner are from application with a score of 60 points or shifting of remaining funds from a $150,000 to $250,000 depending on more will be considered of sufficient Component will occur until all whether the project focus is local/ quality. An application receiving less applications of sufficient quality in that community-based, or state/regional. than sixty (60) points will be considered Component are awarded funds. Thus, a regional project which, in of insufficient quality for funding. (a) Funding Diversity. The selecting addition to the FHAP, has two (B) Ranking of Fair Housing official may skip over applicants to partnering FHIP organizations, one Partnership Component Applications. provide broader representation among which has applied under EOI–FHPC When applications have been submitted funded entities. For any Component in and the other under PEI–FHPC, could under the Fair Housing Partnership which the selecting official decides to qualify for a maximum of $750,000 for Components of both PEI and EOI, each use this procedure, the selecting official the project, i.e., $250,000 to each application will be rated separately, but will skip over applicants who have partner. because both the applications are (7) HUD has added these Components interdependent, the ranking will be as received two FHIP SuperNOFA grants to those exempted from the single award follows: in the past five years in favor of lower and funding/geographic diversity (1) Both applications must be rated at ranked applications of sufficient quality provisions. or above the cutoff point; and then to be funded who have not received two (a) Single award limitation. Generally, (2) The ranking will be based upon FHIP SuperNOFA grants in the past five applicants are limited to a single award; the combined average score of the two years. Prior receipt of an ENOC award by adding the Fair Housing Partnership applications. For example, if the PEI– will not be included in determining Components to the excepted category, FHPC receives a rating of 61 points and whether an applicant received two you may receive up to three awards (see the EOI-FHPC receives a rating of 73 grants in the past five years. Skipped discussion in Section IV(A)(3)). points the partnership ranking will be over applications of sufficient quality (b) Funding and/or geographic 67 points (61 + 73 = 134 divided by 2 will be placed at the bottom of the diversity provisions. Under these = 67); if the PEI–FHPC receives a rating ranking list of applications of sufficient provisions the Selecting Official, under of 89 points and the EOI-FHPC receives quality for the Component, but will be limited circumstances, may select a rating of 59, the Partnership will not placed in rank order among skipped applications out of rank order. These be eligible for award since both over applications. Once applications of provisions will not apply to selections applications are not at or above the sufficient quality to be funded are under the Fair Housing Partnership cutoff point of 60 points. reordered to reflect the funding Components, i.e., applications will be (3) Tie Breaking. When there is a tie diversity procedure, the selecting selected in rank order only. in the overall score, the applicant with official shall proceed in one of two the higher score under Rating Factor 3: ways: V. Application Selection Process Soundness of Approach will be ranked (i) The selecting official may apply (A) Rating and Ranking. Your higher. If the applicants receive the the geographic diversity procedure to all application for funding will be same scores for Rating Factor 3, the applications of sufficient quality, or

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00175 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9496 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(ii) The selecting official may not to the PEI-Multi-Year General (a) If you have received HUD funding apply geographic diversity and award Component. in the past, the Department will funds to applicants based on their rank (E) Factors for Award Used to consider your past grant experience in order except that skipped over Evaluate and Rate All Applications terms of your ability to attain applications are funded in rank order except the National Program of the demonstrated measurable progress in after all other applications of sufficient Education and Outreach Initiative. The the implementation of your most recent quality are funded, until funds are factors for rating and ranking applicants activities where performance has been exhausted or there are no more and the maximum points for each factor assessed as measured by expenditures applications of sufficient quality to be are provided below. The maximum and progress in meeting project funded. number of points to be awarded any milestones and in the achievements (b) Geographic Diversity. To provide application is 102, which includes two accomplished. HUD will also consider for broader geographic representation EZ/EC bonus points, as described in the any evidence it has in its files of your among funded projects, the selecting General Section of the SuperNOFA. failure to comply with grant award official will have the discretion to skip Rating Factor 1: Capacity of Applicant provisions; or (b) If you have not received HUD over an application where there is more and Relevant Organizational funding in the past, the Department will than one application located in the same Experience (20 Points) State. If the selecting official decides to review any documentation of your use this procedure in a Component, he/ This factor addresses the extent to experience in managing projects and she will select from the applications of which you have the organizational carrying out management sufficient quality to be funded, the resources necessary to successfully responsibilities for projects similar in highest ranked application. Skipped implement your proposed activities in a scope or nature to the work activities over applications of sufficient quality timely manner. Unless otherwise proposed and the achievements to be will go to the bottom of the ranking list specified, the rating of your organization accomplished. Therefore, if you have of applications of sufficient quality to be and staff for technical merit or threshold managed large, complex, funded for the Component, but will be compliance will include all partners interdisciplinary projects, or work placed in rank order among skipped and/or sub-recipients identified in your similar in scope or complexity to your over applications, whether skipped over application. In rating this factor HUD proposed project, you must include that for funding or geographic diversity. If will consider the extent to which your information in your response. additional funds remain in the application demonstrates: (1) (10 points) Specific Description of Rating Factor 2: Need/Distress/Extent of Component after funding the highest Staff for Proposed Activities. the Problem (25 Points) ranked application in each of the (a) The experience and background of This factor addresses the extent to jurisdictions listed above, the selecting your proposed project director and staff, which there is a need to fund your official shall proceed in one of two including the day-to-day program proposed activities and an indication for ways: manager, Board of Directors, consultants the urgency of meeting the need in your (i) The selecting official may decide to and contractors, and their knowledge project area. In rating this factor, HUD apply geographic diversity to the and experience in planning and will consider the extent to which you skipped over applications, to the extent managing projects for which you are demonstrate: that additional funds remain. If, after requesting funding. If your past (15 points) Documentation of Need. applying geographic diversity a second activities have resulted in successful The level of need for the proposed time, additional funds still remain, the enforcement proposals being referred to activities in your project area, including, remaining funds will be awarded based HUD, clearly describe these actions and where appropriate, the needs of on the rank order of any remaining the outcome of such referrals. immigrant and other underserved applications of sufficient quality to be (b) Your readiness and ability to begin populations, and the urgency in meeting funded, irrespective of jurisdiction. your proposed work project the need as indicated by statistics and (ii) If the selecting official opts not to immediately with sufficient personnel analyses contained in a data source(s) apply geographic diversity a second and/or whether you will be able to that are sound and reliable. time, then remaining funds shall be recruit quickly, qualified experts or You should analyze and document awarded to skipped over applications professionals to deliver the proposed the level of need in the specific area based on their rank order until funds are activities in a timely and effective where your proposed activities will be exhausted. fashion. To demonstrate there is or will carried out. Attention must be paid to (D) Priority for Shifting Remaining be sufficient personnel, you must documenting need where activities will Funds. If after all applications of submit the proposed number of staff be targeted, rather than the entire sufficient quality have been selected in years for the employees and experts you locality, State, or region. However, if an Initiative/Component, and funds plan to assign to the projects for which your project area is an entire locality, remain available, the selecting official or you are requesting funding, the titles State, or region, then documenting need designee will have the discretion to shift and relevant professional background at that level is required. Your these remaining funds in rank order and experience, and the roles each is to application may reference the extent to within and between Initiatives/ perform. You must identify the key which your community’s Consolidated Components as follows: personnel in your Statement of Work, as Plan (CP) and Analysis of Impediments (1) First, within Initiatives: discussed in Rating Factor 3: Soundness to Fair Housing Choice (AI), which is a (a) For PEI and EOI, funds remaining of Approach. Component of the CP, identify the level from any Component will be shifted to (c) The diversity of your organization of the problem and urgency of need. In the General Component; and staff and what they bring to the addition, your application should (b) For FHOI, funds remaining from project in terms of race, ethnicity, and document the extent to which project ENOC will be shifted to CDC. disability should also be discussed. activities will affirmatively further fair (2) Second, between Initiatives: if (2) (10 points for either (a) or (b)) housing (AFFH), by describing how after shifting funds, as noted above, Specific Description of Experience proposed activities will lead to funds remain, such funds will be shifted Relevant to the Proposed Activities. overcoming impediments to fair housing

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00176 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9497 choice identified in the jurisdiction’s Housing Partnership Components; PEI- describe the methods used or to be AI, which is a Component of the Fair Housing Partnership Component; developed to identify and refer jurisdiction’s CP, or other planning and FHOI-Establishing New enforcement proposals to HUD. document that addresses fair housing Organizations and Continued Examples of enforcement proposals issues. Development Components). include: Additional examples of how you may For all Components, except the (i) Evidence of violations of the Fair document need may be obtained from General Components of PEI and EOI, Housing Act, including prima facie Chapter 5 of the ‘‘Fair Housing Planning your application will be rated as follows evidence, with or without related testing Guide, Vol. 1,’’ which also includes use for paragraph (1) of this Rating Factor: evidence that may result in the filing of of HUD reports and analyses, relevant (1) (15 points) Description of complaints; economic and/or demographic data Activities. Specifically, your description (ii) Results of testing or audits including indices of segregation in areas should explain how the activities demonstrating potential housing by race or national origin, government performed during the period of discrimination; or foundation reports and studies, news performance of the grant will result in (iii) Well-developed analysis of data articles, and other information that cases being referred to HUD. Your including Home Mortgage Disclosure relate to your proposed activities. The application must provide a basis for Act (HMDA), and/or Community Fair Housing Planning Guide may be your specific activities relating to Reinvestment Act (CRA) analyses, found on the HUD web at enforcement proposal referrals to HUD Census data, current studies of ‘‘www.hud.gov.’’ that are described in your Statement of residential segregation, or other similar (2) (10 points) Description of Work. Your final performance measures documentation supporting allegations of Proposed Activities and Methods. HUD for enforcement proposal referrals will discrimination; and will determine your rating based on the be negotiated between you and HUD as (iv) Referrals of claims to HUD on extent to which your activities are part of the executed grant or cooperative behalf of individuals or groups other linked to the need(s) described. The agreement. In responding to this factor, than your organization. extent to which your application describe the methods used or to be (b) (5 points) Percent of Activities/ provides a basis for how you developed to identify and refer Budget devoted to the fair housing determined the activities and tasks that enforcement proposals to HUD. needs of immigrant and other you propose to undertake to address the Examples of enforcement proposals underserved populations. The points needs you have identified in your include: will be awarded as follows: response to paragraph 1 in this factor. (i) Evidence of violations of the Fair (i) 0 points: when no percentage of How your activities will augment or Housing Act, including prima facie your activities and budget are devoted improve upon on-going efforts by evidence, with or without related testing to the needs of these populations; government agencies, community-based evidence that may result in the filing of (ii) 1 point: when 20% of your organizations, faith-based institutions, complaints; activities and budget are devoted to the for-profit firms, and other entities to (ii) Results of testing or audits needs of these populations; address such needs in the demonstrating potential housing (iii) 2 points: when 50% of your community(ies) to be served and why discrimination; activities and budget are devoted to the additional funds are being requested. (iii) Well-developed analysis of data needs of these populations; including Home Mortgage Disclosure (iv) 3 points: when 60% of your Rating Factor 3: Soundness of activities and budget are devoted to the Approach (35 Points) Act (HMDA), and/or Community Reinvestment Act (CRA) analyses, needs of these populations; This factor addresses the strategy, Census data, current studies of (v) 4 points: when 80% of your quality, and cost-effectiveness of your residential segregation, or other similar activities and budget are devoted to the project as set forth in your Statement of documentation supporting allegations of needs of these populations; and Work (SOW) and budget. Your rating for discrimination; and (v) 5 points: when 100% of your this factor is based upon how clearly (iv) Referrals of claims to HUD on activities and budget are devoted to the you establish a relationship between behalf of individuals or groups other needs of these populations. your proposed activities, community than your organization. For all Components, including the needs and the purpose of the project For the General Components of PEI General Components of PEI and EOI, funding. HUD has pledged to and EOI, your application will be rated the remaining paragraphs (2 and 3) of substantially increase its enforcement as follows for paragraph (1) of this this Rating Factor and all other Rating actions, and all projects funded under Rating Factor: Factors are evaluated as follows: this SuperNOFA shall contribute to the (1) Description of Activities (15 (2) (10 points) Statement of Work. accomplishment of this goal. Your Points). Submit a proposed Statement of Work application must provide a basis for (a) (10 points) Description of that: your specific activities relating to Proposed Activities. Specifically, your (a) Describes in broad terms the enforcement proposal referrals to HUD description should explain how the design and objectives of your project, that are described in your Statement of activities performed during the period including the geographic area to be Work. Your final performance measures of performance of the grant will result served; individuals protected under the for enforcement proposal referrals will in cases being referred to HUD. Your Fair Housing Act to be served; end be negotiated between you and HUD as application must provide a basis for product(s); program improvements to be part of the executed grant or cooperative your specific activities relating to achieved; total number of staff needed agreement. enforcement proposal referrals to HUD to complete all proposed activities and Points will be awarded differently that are described in your Statement of key personnel by years of experience, under paragraph (1) Proposed Activities, Work. Your final performance measures name and function. You must also for applications submitted under the for enforcement proposal referrals will describe how project objectives of the General Components of PEI and EOI be negotiated between you and HUD as component for which you are seeking than for those submitted under all other part of the executed grant or cooperative funding will be met [e.g., enforcement components (EOI-Disability, and Fair agreement. In responding to this factor, efforts (PEI); education and outreach

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00177 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9498 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(EOI); creating or building the capacity type of equipment, quantity, unit costs contributions, such as, work space, of a fair housing enforcement and total estimated equipment costs; services and/or equipment, allocated to organization (FHOI)]; and (vii) Consultant Costs, if applicable. the purpose(s) of your project. Such (b) Outline in chronological order Indicate the type, estimated number of resources may be provided by your administrative and program consultant days, rate per day, total governmental entities, public or private activities and tasks to be performed and estimated consultant costs per non-profit organizations, for-profit the duration of the project. Your outline consultant and total estimated costs for private organizations, or other entities should identify all activities and tasks to all consultants; willing to work with you. You may also be performed and by whom, i.e., you or (viii) Subcontract Costs, if applicable. wish to work with other FHIP-funded a sub-recipient or contractor/consultant; Indicate each proposed individual recipients in your project area. products that will be provided to HUD subcontract and amount. Each proposed (2) (5 points) Evidence of Firm and when; and technically competent subcontract should include a separate Commitment of Leveraging. This factor methodologies you will use to carry out budget that identifies proposed costs by addresses the extent to which you are these activities and tasks. cost categories. In addition, your project able to demonstrate leveraging. You (3) (10 points) Budget and Financial budget should include any costs related must establish your leveraging by Controls. HUD also will assess the to subcontract(s) with FHAP agencies providing documentation (e.g., letters) soundness of your approach by and traditional civil rights organizations from those organizations or individuals evaluating the following: that account for activities related to the who have agreed to participate and who (a) The quality, thoroughness and sub-recipient’s role in the project. Your you have identified in your application. reasonableness of the cost estimates application should include a separate Each letter of support must: provided. As part of your response, you detailed budget for each subcontract. If (a) Identify the organization and/or should provide a summary budget that you have selected sub-recipients or are individual, identifies costs by category in submitting a joint application with one accordance with the following: partner serving as the lead applicant, (b) Describe the proposed level of (i) Direct Labor by position or you must provide the actual subcontract commitment, individual, indicating the estimated costs; (c) Outline the responsibilities as they hours per position, the rate per hour, (ix) Other Direct Costs listed by item, relate to your application, and estimated cost per staff position and the quantity, unit cost, total for each item (d) Be signed by an official of the total estimated direct labor costs; listed, and total direct costs for the organization legally able to make (ii) Fringe Benefits by staff position, award; and commitments on behalf of the identifying the rate, the salary base the (x) Indirect Costs should identify the organization. If you are submitting a rate was computed on, estimated cost type, approved indirect cost rate, base to partnership proposal under the Fair per position, and the total estimated which the rate applies and total indirect Housing Partnership Components of fringe benefit cost; costs. PEI and EOI or the General (b) If you do not have an indirect cost (iii) Material Costs indicating the Component of PEI, you must submit rate and/or you are a single funded item, unit cost per item, the number of a letter of firm commitment stating organization (funded 100% from one items to be purchased, estimated cost that the partner(s) agrees to the source), you must be able to document per item, and the total estimated proposed SOW and will participate in direct allocations in all cost categories; material costs; (c) The extent to which your project the project, if selected for award as (iv) Transportation Costs, as is cost effective in achieving the required by Section IV(A)(13) of this applicable. Where use of a local private anticipated results of your proposed program section. If you fail to include vehicle is proposed, costs should activities, as well as in achieving this letter of firm commitment with indicate the proposed number of miles, significant community impact; and your application, but you have rate per mile of travel identified by item, (d) The extent to which you stipulated the activities and tasks to and estimated total private vehicle demonstrate your ability to handle be undertaken by each partner in your costs. Where air transportation is financial resources with adequate Statement of Work, the failure to proposed, costs should identify the financial control procedures and provide the letter will be treated as a destination(s), number of trips per accounting procedures. HUD will technical deficiency corrected as destination, estimated air fare and total consider items such as findings noted in Section V of the General estimated air transportation costs. If identified in your most recent audits, Section of this SuperNOFA. other transportation costs are listed, you internal consistency in the application Rating Factor 5: Comprehensiveness should identify the other method of of numeric quantities, accuracy of and Coordination (10 Points) transportation selected, the number of mathematical calculations and other trips to be made and destination(s), the available information on financial This factor addresses the extent to estimated cost, and the total estimated management capability. which you coordinate your activities costs for any other transportation costs; with other organizations in the project (v) Per diem, as applicable. You Rating Factor 4: Leveraging Resources area, participate or promote should identify per diem or subsistence (10 Points) participation in the project area’s costs per travel day and the number of The extent to which local groups will Consolidated Planning process travel days, the estimated costs for per contribute additional resources to (including Analysis of Impediments to diem/subsistence and the total increase the effectiveness of the Fair Housing Choice), and create estimated transportation costs. You proposed activities. In evaluating this linkages with other activities in the should use the Federal Travel factor, HUD will consider: community. In other words, to what Regulation for per diem rate for cities (1) (5 points) Extent To Which You extent are you working with others to listed under ‘‘Transportation Costs’’ in Have Secured Other Resources. The address community needs in your your cost estimate; resources made available to your project project area? In evaluating this factor, (vi) Equipment charges, if any. by others. Resources from others may HUD will consider the extent to which Equipment charges should identify the include funding or in-kind you demonstrate:

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00178 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9499

(1) How your project activities will requirements; titles, duties, and responsibilities, and reach your targeted audience. This (f) Demonstrate a thorough knowledge their relevant professional background includes a discussion of how: of accessibility requirements and and experience; and (a) Your methods or approaches will the nuances therein; and (c) The diversity in terms of race, ensure that project activities and (g) Demonstrate ability to work with ethnicity, and experience with materials are made available to local diverse and sometimes opposing disabilities which your staff and experts groups and organizations; and advocacy groups; bring to your proposed project (b) The project may enhance the (2) For Community Tensions (d) Your organizational infrastructure activities or work in tandem with such Component: of affiliate chapters, branch members or groups or organizations in your project (a) Develop preventive community other outreach arms that can be utilized area. At a minimum, your application tension strategies; to provide national coverage if available; should discuss procedures you will use (b) Recognize replicable community if unavailable, your ability to call upon to promote awareness of the services tension ‘‘Best Practices;’’ other groups or organizations to provide provided by your project. (c) Intervene in situations affected by national coverage; (2) How your project activities will community tensions; Note that at least two years of recent make communities and organizations in (d) Demonstrate a positive record of and relevant experience is your project area aware of opportunities intervention in community recommended for: for linking activities with: tensions. (i) Model Codes Partnership (a) Other proposed or on-going HUD- It is anticipated that the measures for Component—accessibility law, building funded project activities; preventing and resolving community codes and standards to make building (b) Other proposed or on-going State, tensions will address not only the codes accessible to the Fair Housing Federal, local or privately funded immediate or anticipated problem but Act’s accessibility requirements, and activities which, taken as a whole, the underlying issues of community knowledge of the International Building support and sustain a comprehensive tensions. In rating this factor, HUD will Code 2000, the Uniform Building Code, system to address the purpose of these consider the extent to which your the BOCA National Building Code, the projects; and application demonstrates: Standard Building Code, or the (c) Other activities being undertaken (1) (5 points) General Description of American National Standards Institute’s to address barriers to housing choice Applicant Organization and Relevant A117.1 accessibility standard; identified in the Consolidated Plan’s Experience. (ii) Community Tensions Analysis of Impediments to Fair (a) The eligibility and qualifications of Component—familiarity with the kinds Housing Choice. your organization and its governing of community tensions that arise in (F) Factors for Award Used to board; the type of organization (e.g., ethnically and culturally diverse Evaluate and Rate Applications for the public, private, non-profit, for profit); underserved communities; experience National Education and Outreach your general areas of activity or line of working with ethnically and culturally Initiative Program. The factors for rating business; and the diversity in terms of diverse groups of local, regional, and and ranking applicants and the race, ethnicity, and experience with national organizations and with maximum points for each factor are disabilities which your organization’s community representatives on provided below. The maximum number governing board brings to its work; preventing and intervening in of points to be awarded any application (b) Your management of large, community tensions. is 100. complex, interdisciplinary projects; (3) (5 points) Specific Description of (c) Awards to and major Experience Relevant to the Proposed Rating Factor 1: Capacity of Applicant accomplishments of your organization. Activities. You must show your past and Relevant Organizational HUD may also consider any experience in conducting education and Experience (20 Points) documented evidence, such as outreach activities so that industry and Unless otherwise specified, the rating performance reviews, newspaper advocacy organizations and other of your organization and staff for articles, or monitoring findings, that members of the public: technical merit or threshold compliance may reflect positively or negatively (a) For Model Codes Partnership will include any partners, sub- upon your ability and the proposed Component—more fully appreciate the recipients, and consultant/contractors staff’s ability to perform the work. barriers to accessibility which may be who are identified in your application. (2) (10 points) Specific Description of experienced by person with disabilities This factor addresses the extent to Staff for Proposed Activities. and which may violate the Fair Housing which you have the organizational (a) Whether you have sufficient Act; resources necessary to implement your personnel or will be able to recruit (b) For Community Tensions proposed activities in a successful and quickly, qualified experts or Component—understand the factors that timely manner and your ability to: professionals to deliver your proposed may reduce community tensions. (1) For the Model Codes Partnership activities in a timely and effective You must describe your ability to Component: fashion, including your readiness and understand fair housing enforcement- (a) Analyze data; ability to begin immediately your related issues/policies/practices which (b) Interact with local elected officials, proposed project; influence discriminatory housing housing industry persons, and (b) The overall knowledge and practices. When responding to this disability advocates for the purpose experience of your proposed project rating factor, you should describe your of consensus building; director and staff, including the day-to- past experience in developing and (c) Construct appropriate language or day project manager, sub-recipients, and implementing innovative strategies and building code changes (when consultants in planning and managing their results. The rating of this factor for appropriate); your proposed project. To demonstrate technical merit will include a review of (d) Educate the public and others on that you have sufficient personnel, you the background, skills, and experience accessibility requirements; must specify the proposed number of of any partners and sub-recipients (e) Operate in environments that may staff hours for the employees and identified as participants in your not be receptive to accessibility experts allocated to your project, their project.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00179 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9500 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

If you have received HUD funding in will consider the extent to which you which the rate was computed, estimated the past, HUD will consider your ability and any partners: cost per position, and the total to achieve demonstrated measurable (1) (15 Points) Description of estimated fringe benefit cost; progress in the implementation of your Proposed Activities. Conduct your (c) Material Costs indicating the item, most recent activities. Your performance proposed activities in a manner (e.g., unit cost per item, the number of items will be measured by expenditures and languages, formats, locations, to be purchased, estimated cost per progress in meeting project milestones distribution, use of minority and item, and the total estimated material and achievements accomplished. HUD disability rights media) to reach and costs; will also consider any evidence in its benefit all members of the public, and (d) Transportation Costs, as files of your failure to comply with grant for the Community Tensions applicable. Where use of a local private award provisions. Component, especially immigrant and vehicle is proposed, costs should If you have not received funding in other underserved populations; and indicate the proposed number of miles, the past from HUD, HUD will consider proposed activities will yield long-term rate per mile of travel identified by item, your experience in managing projects results that can be readily disseminated and estimated total private vehicle similar in nature and of a national scope to other organizations and State and costs. Where air transportation is to the work activities proposed. local governments. You must explain proposed, costs should identify the Therefore, if you have managed large, how your activities will promote destination(s), number of trips and complex, interdisciplinary projects or compliance with the Fair Housing Act passengers per destination, estimated air have performed work similar in nature and will develop a complaint referral fare and total estimated air and national scope to the proposed process so that activities funded under transportation costs. If other project, you should include that these Components will result in an transportation costs are listed, you information. increased number of referrals to HUD of should identify the other method of creditable, legitimate fair housing transportation selected, the number of Rating Factor 2: Need/Distress/Extent of claims and other information regarding trips to be made and destination(s), the the Problem (25 Points) discriminatory practices. estimated cost, and the total estimated This factor addresses the extent to (2) (10 Points) Statement of Work. costs for any other transportation costs; which you document and address the You must submit a Statement of Work (e) Per diem, as applicable. You national need for educating the public which: should identify per diem or subsistence (a) Clearly describes the specific about their fair housing rights and costs per travel day and the number of activities and tasks to be performed by obligations under the Fair Housing Act. travel days, the estimated costs for per your organization and any partners; the You should state which activities and diem/subsistence and the total sequence in which the tasks are to be methods you intend to address, and estimated transportation costs. You performed, noting areas of work which how your application offers the most should use the Federal Travel must be performed simultaneously; effective approach for dealing with that Regulation for per diem rate for cities estimated completion dates; and national need. In responding to this listed under ‘‘Transportation Costs’’ in program products to be completed factor, you will be evaluated on the your cost estimate; within the grant period, including following: (f) Equipment charges, if any. specific numbers of quantifiable end (1) (15 points) Documentation of Equipment charges should identify the products and program improvements Need. The extent to which you describe type of equipment, quantity, unit costs you intend to deliver by the close of the and document the national need you and total estimated equipment costs; award agreement period as a result of intend to address, and demonstrate a (g) Consultant Costs, if applicable. the work performed; grasp of the elements of the problem (b) Illustrates your national approach Indicate the type, estimated number of and its persuasiveness at the national to the project and specifically how the consultant days, rate per day, total level: for the Model Codes Partnership project goals will be achieved at the estimated consultant costs per Component, the obstacles to adoption of national level; and consultant and total estimated costs for Working Group modification and for the (c) Describes the immediate benefits all consultants; Community Tensions Component, the of your application and how you will (h) Subcontract Costs, if applicable. underlying issues which make the measure the benefits. You must describe Indicate each proposed individual existence of community tensions a long- the methods you will use to determine subcontract and amount. Each proposed term problem for immigrant and other the effectiveness of your proposed subcontract should include a separate underserved populations. In addition, activities and benefits achieved to budget that identifies proposed costs by for both Components your description receive points. cost categories. In addition, your project of this national need will be considered (3) (10 Points) Budget and Financial budget should include any costs related in evaluating your understanding of the Controls. HUD also will assess the to subcontract(s) with FHAP agencies problem and your ability to address it; soundness of your approach by and traditional civil rights organizations and evaluating the quality, thoroughness that account for activities related to the (2) (10 points) How the Proposed and reasonableness of the proposed cost sub-recipient’s role in the project. Your Activities Meet the Need. The extent to estimates. As part of your response, you application should include a separate which the proposed activities will should provide a summary budget that detailed budget for each subcontract. If address the need described in response identifies costs by category in you have selected sub-recipients or are to sub-factor (1), above. accordance with the following: submitting a joint application with one partner serving as the lead applicant, Rating Factor 3: Soundness of (a) Direct Labor by position or you must provide the actual subcontract Approach (35 Points) individual, indicating the estimated hours per position, the rate per hour, costs; This factor addresses the strategy, estimated cost per staff position and the (i) Other Direct Costs listed by item, quality and cost-effectiveness of your total estimated direct labor costs; quantity, unit cost, total for each item proposed Statement of Work and (b) Fringe Benefits by staff position, listed, and total direct costs for the budget. In evaluating this factor, HUD identifying the rate, the salary base on award; and

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00180 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9501

(j) Indirect Costs should identify the to which you are able to demonstrate (2) Discuss how your project activities type, approved indirect cost rate, base to leveraging. You must establish your will make communities and which the rate applies and total indirect leveraging by providing documentation organizations in the selected areas costs. If you do not have an indirect cost (e.g., letters) from those organizations or aware of opportunities for linking rate and/or you are a single funded individuals who agree to participate and activities with: organization (funded 100% from one are identified in your application. Each (a) Other HUD-funded program source), you must be able to document letter should: activities, proposed or on-going; or direct allocations in all cost categories; (a) Identify the organization and (b) Other proposed or on-going (4) HUD also will assess the individual; Federal, State, local or privately funded soundness of your approach by (b) Describe the proposed, specific activities which, taken as a whole, evaluating: level of commitment; support and sustain a comprehensive (a) The extent to which your project (c) Outline the responsibilities as they system to address the goals of these is cost effective in achieving the relate to the proposed project; and projects. anticipated results of your proposed (d) Be signed by the organization’s (G) Applicant Notification and Award activities, as well as in achieving official legally authorized to make Procedures. (1) Notification. No information will significant community impact; and commitments on behalf of the (b) The extent to which you be available to you during the period of organization. For the Model Codes demonstrate your ability to handle HUD evaluation, approximately 90 days, Partnership Component you must financial resources with adequate except for notification in writing or by submit a letter of firm commitment financial control procedures and telephone if HUD determines your stating that the partner(s) agrees to the accounting procedures. HUD will application is ineligible or has technical proposed SOW and will participate in consider items such as findings deficiencies which may be corrected as the project if selected for award. If you identified in your most recent audits, described in Section V of the General fail to include this letter of firm internal consistency in the application Section of the SuperNOFA. Selections commitment with your application, but of numeric quantities, accuracy of will be announced by HUD when the you have stipulated the activities and mathematical calculations and other evaluation and selection process is tasks to be undertaken by each partner available information on financial completed, and all awards will be in your Statement of Work, the failure management capability. subject to final negotiations with HUD. to provide the letter will be treated as (2) Negotiations. After ranking the Rating Factor 4: Leveraging Resources a technical deficiency corrected as applications and providing notifications (10 Points) noted in Section V of the General to you if you are selected, HUD will Section of this SuperNOFA This factor addresses your ability to require you to participate in secure financial or in-kind resources on Rating Factor 5: Comprehensiveness negotiations to determine the specific a national scale which can be combined and Coordination (10 Points) terms of your cooperative or grant with HUD’s program resources to agreement. HUD will follow the This factor addresses the extent to achieve your project purpose from: negotiation procedures described in which you coordinate your activities Model Codes Partnership Component— Section III(D) of the General Section of with your partners and create linkages State and local building code the SuperNOFA. organizations, members of the building with other organizations so as to (3) Funding Instrument. HUD expects industry, advocacy organizations, fair provide coverage in selected areas to award a cost reimbursable or fixed- housing organizations, and other experts which together may be representative of price cooperative or grant agreement to on accessibility laws; Community the nation as a whole. In short, to what each applicant selected for award. HUD Tensions Component—local elected extent are you working with others to reserves the right, however, to use the officials, schools, police departments, address needs in different parts of the form of assistance agreement faith-based organizations, community country? In evaluating this factor, HUD determined to be most appropriate after service organizations, and FHAP will consider the extent to which you negotiations are completed. Agencies to demonstrate leveraging. In demonstrate: (4) Adjustments to Grant Amounts. As evaluating this factor HUD will (1) How your project activities will provided in Section III(E) of the General consider: reach your proposed targeted audiences Section of the SuperNOFA, HUD may (1) (5 points) Extent to Which You in different parts of the country. This approve an application for an amount have Secured Other Resources. The includes a discussion of how: lower than the amount requested, fund extent to which others will provide (a) Your specific methods or only portions of your application, additional resources to increase the approaches will ensure that project withhold funds after approval, and/or effectiveness of your proposed project activities and materials are made require that special conditions be added activities. Resources may include available to local groups and to your grant agreement, in accordance funding or in-kind contributions, such organizations in those parts of the with 24 CFR 84.14, the requirements of as work space, services, or equipment country which you are proposing as this SuperNOFA, or where: allocated to the purpose(s) of your representative of the nation as a whole; (a) HUD determines the amount application. Resources may be provided and requested for one or more eligible by governmental entities, public or (b) The project or activities will in fact activities is unreasonable or private non-profit organizations, for- work in tandem with such groups or unnecessary; profit private organizations, or other organizations in the parts of the country (b) An ineligible activity is proposed entities willing to work with you. You you have selected or enhance the in an otherwise eligible project; or may also develop collaborative activities of such groups or (c) Insufficient amounts remain to relationships to work with other FHIP- organizations. At a minimum, your fund the full amount requested in the funded recipients to coordinate the use application should discuss the application, and HUD determines that of resources in the project area. procedures you will use to promote partial funding is a viable option. (2) (5 points) Evidence of Firm awareness the of services provided by (5) Performance Sanctions. A grantee Commitment of Leveraging. The extent your project. or sub-recipient, failing to comply with

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00181 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9502 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices the procedures set forth in its grant GC, whether you are submitting a single Circular A–102 (as codified at 24 CFR agreement will be liable for such or partnership application, and (5) if part 85) Uniform Administrative sanctions as may be authorized by law, you are applying for more than one Requirements for Grants and including repayment of improperly used Component, you must state your Cooperative Agreements to State, Local funds, termination of further preference for selection. and Federally Recognized Indian Tribal participation in the FHIP, and denial of (B) Narrative Statement. Responding Governments. This information should further participation in programs of to each Rating Factor for Award, you contain the name and telephone number HUD or any Federal agency. should address each Rating Factor of the Independent Auditor, cognizant VI. Application Submission separately, i.e., provide narrative Federal auditor, or other audit agency, Requirements responses to Rating Factor 1; Rating as applicable. Factor 2; Rating Factor 3 (Proposed Your application must contain the VII. Corrections to Deficient Statement of Work and Proposed items listed in this Section VI. These Applications Budget); Rating Factor 4; and Rating items include the standard forms, Factor 5. You should respond fully to Section V of the General Section of certifications, and assurances listed in each Rating Factor for Award in Section the SuperNOFA provides the the General Section of the SuperNOFA V(E) and (F), above, of this FHIP section procedures for corrections to deficient that are applicable to this funding applications. (collectively, referred to as the of the SuperNOFA and within the page ‘‘standard forms’’). The standard forms limitation described in Section IV(A)(6), VIII. Environmental Requirements above of this program section. can be found in Appendix B to the In accordance with 24 CFR 50.19(b)(9) General Section of the SuperNOFA. The (C) Financial Management and Audit and (12) of HUD regulations, activities remaining application items that are Information. You must submit a assisted under this program are forms (i.e., excluding such items as certification from an Independent categorically excluded from the narratives), referred to as the ‘‘non- Public Accountant or the cognizant requirements of the National standard forms’’ can be found as government auditor, stating that the Environmental Policy Act and are not Appendix C to this program section of financial management system employed subject to environmental review under the SuperNOFA: The items are as by you meets prescribed standards for related laws and authorities. follows: fund control and accountability (A) Transmittal Letter. Your letter required by: OMB Circular A–133, IX. Authority must identify: (1) The dollar amount Audits of States, Local Governments requested for each Component, (2) the and Non-Profit Organizations; OMB Section 561 of the Housing and specific FHIP Initiative and Component Circular A–110 (as codified at 24 CFR Community Development Act of 1987 under which your application is part 84), Uniform Administrative (42 U.S.C. 3616 note, established the submitted, (3) in the case of the EOI, Requirements for Grants and Fair Housing Initiatives Program (FHIP)) whether it is the Regional/Local/ Agreements With Institutions of Higher and the implementing regulations are Community Based Program or the Education, Hospitals, and other Non- found at 24 CFR part 125. National Program, (4) in the case of PEI– Profit Organizations; and/or OMB BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00182 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9503

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00183 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9504 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00184 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9505

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00185 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9506 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00186 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9507

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00187 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9508 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00188 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9509

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00189 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9510 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00190 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9511

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00191 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9512 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00192 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9513

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00193 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9514 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00194 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9515

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00195 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9516 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00196 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9517

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00197 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00198 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9519

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00199 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00200 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9521

FUNDING AVAILABILITY FOR THE ADDITIONAL INFORMATION governing the form of application HOUSING COUNSELING PROGRAM If you are interested in applying for submission (e.g., mailed applications, Program Overview funding under this program, please express mail, overnight delivery, or review carefully the General Section of hand carried). Purpose of the Program. The purpose this SuperNOFA and the following Addresses for Submitting of this program is to provide additional information. Applications. If you are a Local Housing comprehensive housing counseling I. Application Due Date, Application Counseling Agency or State Housing through national, regional, multi-state Kits, Further Information, and Finance Agency, your completed housing counseling agencies, State Technical Assistance application consists of an original and housing finance agencies, and local two copies. Send your completed HUD-approved housing counseling Application Due Date. If you are a Local Housing Counseling Agency or a application to the respective HUD agencies. Counseling assists Homeownership Center (HOC) having homebuyers, homeowners, and tenants State Housing Finance Agency you must submit a completed application on or jurisdiction over the locality, area or to meet their housing needs and resolve State in which your proposed program their housing problems. before 6:00 pm, local time, on May 16, 2000, to the Homeownership Center is located. Your application should be Available Funds. Approximately designated below. sent to the attention of the Program $13.1 million. If you are a National, Regional or Support Division Director, and the Eligible Applicants. (1) HUD- Multi-State Housing Counseling envelope should be clearly marked ‘‘FY approved national, regional, or multi- Intermediary, you must submit a 2000 Housing Counseling Application’’. state intermediaries; (2) HUD-approved completed application on or before A list of the HUD Homeownership local housing counseling agencies; and 12:00 midnight, Eastern time, on May Centers, including their field office and (3) State housing finance agencies. 16, 2000, to the HUD Headquarters State jurisdictions, and the Program Office designated below. Application Deadline. May 16, 2000. Support Division Directors appears See the General Section of this below and in the Application Kit. Match. None. SuperNOFA for specific procedures

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00201 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9522 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00202 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9523

If you are a National, Regional or should consult the HUD web site at more categories or submitted an Multi-State Housing Counseling http://www.hud.gov. application to two or more Intermediary, your completed intermediaries within Categories 2 or 3, II. Amount Allocated application also consists of an original HUD considers these situations to have and two copies. Submit your completed Under this SuperNOFA, $13.1 million curable defects. In either case, a application to Director, Program of the $15 million appropriated is made decision must be made by the applicant Support Division, Office of Single available for eligible applicants. An to affirm one funding source. If two or Family Housing, HUD Headquarters, allocation of $900,000 of the $15 million more applications were submitted then 451 Seventh Street, S.W., Washington, total in program funding has been set the applicant must select one category DC 20410, Room 9166. The envelope aside for Housing Counseling support, or one intermediary within Categories 2 should be clearly marked, ‘‘FY 2000 which may include continuation of the or 3, under which to apply and must Intermediary Application’’. Housing Counseling Clearinghouse, withdraw all other applications. If two Application Kits. For an application and/or other HUD counseling initiatives or more grants were awarded then one kit and any supplemental materials, and activities. An allocation of $1 grant source must be selected and all please call the SuperNOFA Information million of the $15 million appropriated others forfeited. Center at 1–800–HUD–8929. Persons is available for the Home Equity The amount of funds available for with hearing or speech impairments Conversion Mortgage (HECM) Program, suballocation are set forth below in may call the Center’s TTY number at 1– as provided in section 255(k) of the three competing categories. 800–HUD–2209. The application kit National Housing Act (12 U.S.C. 1715z- also will be available on the Internet 20). Applicants must submit an through the HUD web site at http:// Local housing counseling agencies, application under the specific category www.hud.gov. When requesting an State housing finance agencies and that they are eligible to apply for a grant. application kit, please refer to the national, regional and multi-state (A) Category 1—Local Housing Housing Counseling Program. The intermediaries can apply for a grant Counseling Agencies (LHCA). SuperNOFA Information Center can only under one of the categories Approximately $ 5.6 million has been provide you with assistance in described below. Affiliates and branches made available for grants to local HUD- determining which HUD locations of a State housing finance agency or approved housing counseling agencies. should receive a copy of your national, regional and multi-state Funding is allocated to each HUD field application. intermediary which are not HUD- office jurisdiction by a formula that For Further Information and approved can apply for a subgrant under reflects the increased emphasis on the Technical Assistance. If you are a local either Category 2 or 3, but not both. (The expansion of homeownership housing counseling agency or State term ‘‘affiliate’’ or ‘‘affiliates’’ includes opportunities for first-time homebuyers housing finance agency, you may call the term ‘‘branch’’ or ‘‘branches’’ of the and HUD’s intent to ensure appropriate the HUD Homeownership Center affiliate unless otherwise stated.) A geographical distribution of program serving your area. If you are a national, HUD-approved local housing counseling funds. For FY 2000, no individual local regional, or multi-state intermediary, agency applying as an affiliate for a housing counseling agency may be you may call HUD Headquarters, subgrant under either Category 2 or 3 awarded more than $100,000. Program Support Division at (202) 708– cannot apply directly to HUD for 0317 (this is not a toll-free number). separate funding. Only one source of A local HUD-approved housing Persons with hearing or speech HUD funds is permissible under any of counseling agency may apply for a grant impairments may access this number the three categories or within Category to HUD, or a subgrant to a state housing via TTY by calling the toll-free Federal 2 or Category 3. For example, an finance agency, as an affiliate, or a Information Relay Service at 1–800– organization affiliated with two or more subgrant to a national, regional, and 877–8339. Please see above and your intermediaries can only apply to one multi-state intermediary as an affiliate. application kit for a list of offices and intermediary for a housing counseling However, the local HUD-approved telephone numbers you can call to subgrant. Another example is an housing counseling agency can apply receive assistance. Before the organization affiliated with an for only one grant or subgrant under any application deadline, HUD staff will be intermediary and a State housing of the three categories or within available to provide general guidance. finance agency. This organization can Category 2 or 3. Furthermore, the agency Satellite Broadcast. HUD will hold an apply to either the intermediary or the must disclose in its application if it has information broadcast via satellite for State housing finance agency for a applied for more than one source of potential applicants to learn more about housing counseling subgrant but not HUD funds. the program and preparation of the both. Allocation for use in local agency application. For more information about In situations where an applicant programs by HUD Homeownership the date and time of the broadcast, you submitted an application under two or Centers are as follows:

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00203 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9524 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00204 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9525

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00205 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9526 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00206 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9527

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00207 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9528 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

BILLING CODE 4210±32±C

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00208 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9529

(B) Category 2—National, Regional, application for funding. If you are a approved housing counseling agencies and Multi-State Intermediaries. successful applicant, HUD requires that conduct community outreach activities Approximately $6.5 million is being set you participate in negotiations to and provide counseling to individuals, aside to fund HUD-approved national, determine the specific grant amount and including persons with visual or hearing regional and multi-state intermediaries the terms of the grant agreement. HUD impairments or other disabilities, with that apply for funding under this will follow the negotiation procedures the objective of increasing awareness of SuperNOFA. There is no cap on the described in Section III(D) of the homeownership opportunities and amount that national, regional, or multi- General Section of the SuperNOFA. improving access of low and moderate State intermediaries or its affiliates may Housing Counseling grants are fundable income households to sources of receive. for a period of twelve (12) calendar mortgage credit. HUD believes that this A national, regional and multi-state months. This period may begin from the activity is key to the revitalization and intermediary may provide a subgrant to date that your award is executed by stabilization of low income and an affiliate, but not to an affiliate that HUD, or may begin on a date that is not minority neighborhoods. Agencies assist applies directly to HUD or a State more than 90 days prior to the date that first-time homebuyers by offering housing finance agency or another you are notified of your award, which Homebuyer Education and Learning intermediary in Category 2. An affiliate beginning date shall be determined by Program (HELP) training sessions. must disclose in its application if it has HUD. Agencies also meet the counseling applied for more than one source of (3) Funding Methodology. As needs of eligible persons 62 or older HUD funds. described below, in Section V(B) of this who desire to use the Home Equity (C) Category 3—State Housing program section of the SuperNOFA, the Conversion Mortgage (HECM) to convert Finance Agencies (SHFA). Factors for Award will be used to their equity into a lump sum payment Approximately $1 million is being set evaluate your application and a or an income stream that can be used for aside to fund State housing finance maximum of 102 points may be home improvements, medical costs, agencies, that have a role as a housing awarded for each application. Only and/or living expenses. counseling agency and/or as an applicants who receive at least 50 points (B) Eligible Applicants. Under the intermediary to affiliates, offering out of the 102 will be considered Housing Counseling Program, HUD housing counseling services. (State eligible for funding. All eligible contracts with qualified public or housing finance agencies are defined in applicants will then be funded in private nonprofit organizations to 24 CFR 266.5 under the definition of proportion to the score they receive. provide housing counseling services. ‘‘housing finance agency’’). The amount Specifically, the points received by all There are three categories of applicants of funding available to each of the four eligible applicants within a particular which are eligible to submit HUD Homeownership Center allocation or suballocation will be applications: jurisdictions is as follows: totaled together and this sum will be (1) HUD-approved national, regional, divided into the dollar amount available or multi-state intermediaries. If you are Homeownership center Funding allo- for that allocation or suballocation. The a HUD-approved national, regional, or cation resulting amount is the dollar value per multi-state intermediary, your primary point. This value will then be activity is to manage the use of HUD Atlanta, GA ...... $254,285 housing counseling funds. This includes Denver, CO ...... 254,285 multiplied by each applicant’s score to Philadelphia, PA ...... 267,145 arrive at that applicant’s dollar award. the distribution of housing counseling Santa Ana, CA ...... 224,285 For example, within the Philadelphia funding to affiliated local housing HOC, local housing counseling agencies counseling agencies. Your local Total ...... 1,000,000 falling within the Albany field office affiliates are eligible to undertake any or jurisdiction will compete for an all of the housing counseling activities, There is no cap on the amount that a allocation of $61,993. If ten agencies described for HUD-approved local State housing finance agency, or its apply for funding and the individual housing counseling agencies. Local affiliates, may receive. A State housing scores of the eligible applicants total up affiliates receiving funding through your finance agency may provide a subgrant to 800 points, then $61,993 will be organization do not need to be HUD- to an affiliate, but not to an affiliate that divided by 800 to arrive at a per point approved in order to receive funds from applies to HUD or a national, regional, value of approximately $77.49, resulting you. However, your intermediary and multi-state intermediary or another in a grant of approximately $7,749.00 to organization must be HUD-approved as State housing finance agency. An an applicant that had received 100 of the date of this SuperNOFA. You affiliate must disclose in its application points for its application. However, an must identify all of your affiliates in if it has applied for more than one applicant cannot receive more funding your application, and designate those source of HUD funds. than the amount for which the applicant affiliates that will be seeking a subgrant. (1) Remaining and Deobligated applies or more than the amount listed If your affiliate is not HUD-approved, Funds/Reallocations. If funds remain in the applicant’s proposed budget. you must certify the quality of services after HUD has funded all approvable provided will meet, or exceed, grant applications in its III. Program Description; Eligible standards for local HUD-approved Homeownership Center jurisdictions, or Applicants; Eligible Activities housing counseling agencies. Headquarters, or if any funds become (A) Program Description. HUD- As a selected intermediary, you must available due to deobligation, that approved housing counseling agencies distribute at least 90 percent of your amount will be retained by HUD for provide counseling and advice to award funds to your housing counseling future housing counseling use or HUD tenants and homeowners on property affiliates. The amount you request may use that amount (or any part maintenance, financial management, should reflect anticipated operating thereof) by allocating it to another HUD and other matters appropriate to assist needs for housing counseling activities, office jurisdiction, and/or another tenants and homeowners in improving based upon the counseling experience suballocation category. their housing conditions and meeting during FY 1999 and your current (2) Funding Levels. The Factors for responsibilities of tenancy and capacity. As an intermediary, the Award will be used to evaluate your homeownership. In addition, HUD- amount you request should reflect your

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00209 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9530 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices best estimate of costs to oversee and a local housing counseling agency and/ HUD funding. HUD does not expect its fund your housing counseling affiliates. or manage the use of HUD housing counseling grant funds to cover all costs This best estimate should not exceed ten counseling funds, including the incurred by your organization’s percent (10%) of the total grant amount. distribution of counseling funding to participation in this program. You may HUD will give you wide discretion to your affiliated local housing counseling use the HUD grant to undertake any of implement your housing counseling organizations. You and your local the eligible counseling activities. program with your affiliates. You must affiliates are eligible to undertake any or (C) Eligible Activities. Housing execute subgrant agreements with your all of the housing counseling activities counseling services/activities include: affiliates that clearly delineate the described for HUD-approved local (1) Homebuyer Education Programs mutual responsibilities for program housing counseling agencies. where HUD’s Homebuyer Education and management and appropriate time As either a housing counseling agency Learning Program (HELP) materials are frames for reporting results to HUD. As or intermediary, you and your local used in sessions consisting of part of the subgrant agreement, your affiliates do not need to be HUD- approximately eight to twelve (8–12) affiliate must certify that it will not approved in order to receive these hours of training. Completion of the apply for a grant from any other funds. training allows graduates to receive Housing Counseling grant suballocation As a State housing finance agency, first-time homebuyer incentives, such as or categories, or another HUD approved you can operate as a housing counseling a reduction in their FHA insurance national, regional, multi-state agency and/or as an intermediary for premium. HUD staff at each HUD intermediary. affiliates that perform housing Homeownership Center will be You can decide how to allocate counseling functions in your State or available to provide you with the HELP funding among your affiliates with the territory. materials. understanding that a written record As an intermediary, you must identify (2) Pre-purchase Homeownership must be kept of how you determined all your affiliates in your application Counseling covering purchase your funding levels. This record must be and designate those affiliates that will procedures, mortgage financing, down made available to your affiliates and to be seeking a subgrant. The amount you payment/closing cost fund HUD. You should budget an amount request should reflect anticipated accumulation, accessibility which reflects your best estimate of the operating needs for housing counseling requirements, and if appropriate, credit cost to oversee and fund the housing activities, based upon the counseling improvement, and debt consolidation. counseling efforts of your affiliates. You experience during FY 1999 and your (3) Post-purchase Counseling must seek other private and public current capacity. including property maintenance, and sources of funding to supplement HUD In your role as an intermediary, the personal money management. funding. HUD does not intend for its amount you request should reflect your (4) Mortgage delinquency and default counseling grant funds to cover all costs best estimate of costs to oversee and resolution counseling including incurred by an agency participating in fund your housing counseling affiliates. restructuring debt, arrangement of this program. This best estimate should not exceed ten reinstatement plans, loan forbearance, (2) HUD-approved local housing percent (10%) of the total grant amount. and loss mitigation. counseling agencies. These agencies are HUD will give you wide discretion to (5) Home Equity Conversion Mortgage private and public non-profit implement your housing counseling (HECM) counseling to assist clients who organizations, approved by HUD to program with your affiliates. are 62 years old or older with the provide housing counseling services As an intermediary, you must execute complexities of converting the equity in directly to clients. If you are a HUD- subgrant agreements with your affiliates their homes to income to pay living approved private or public non-profit that clearly delineate the mutual expenses or medical expenses. organization, HUD will fund your local responsibilities for program (6) Loss Mitigation Counseling for housing counseling agency activities management, including appropriate clients who may be facing default and according to the budget submitted with time frames for reporting results to foreclosure, and need mortgage default your application. The amounts you HUD. As part of the subgrant agreement, resolution and foreclosure avoidance request should reflect anticipated your affiliate must certify that it has not counseling. operating needs for your housing applied for a grant from any other (7) Marketing and Outreach Initiatives counseling activities, based upon your Housing Counseling grant suballocation including providing general information counseling experience during the or category, or another State housing about housing opportunities within previous fiscal year and your current finance agency. Your affiliate may be a your target area and providing housing agency capacity. local housing counseling agency. Local counseling services and information to If you apply directly to HUD, you housing counseling agencies may also persons with disabilities. Under this cannot apply as an affiliate for a be affiliates of national, regional, or program, you are required to extend subgrant to a State housing finance multi-State intermediaries or HUD marketing and outreach services to all agency or to a national, regional or approved local housing counseling segments of the population. multi-state intermediary. However, you agencies. You must decide how to (8) Renter Assistance Counseling must disclose all funding sources to allocate funding among your affiliates including information about rent HUD. If you are a local housing with the understanding that a written subsidy programs, rights and counseling agency that is not currently record will be kept of how your responsibilities of tenants, and lease and HUD-approved, you may receive FY determination was made. This record rental agreements. 2000 funding only as an affiliate of a must be made available to the affiliates (9) Fair Housing Assistance including: HUD-approved national, regional, or and to HUD. You must certify that, if (a) Advocating with lenders, multi-state intermediary; or State your affiliate is not HUD-approved, the appraisers and developers on behalf of housing finance agency. quality of services provided will meet, clients to recognize the value of non- (3) State housing finance agencies. or exceed, standards for local HUD- traditional lending standards, the Your primary activity under this grant approved housing counseling agencies. vitality of housing values in all areas, as a State housing finance agency is to You must seek other private and and the added value of accessible provide housing counseling services as public sources of funding to supplement housing design; and

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00210 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9531

(b) Advising clients on how to provision of assistance under your organization to immediately begin your recognize discriminatory acts, and how housing counseling program. proposed work program. To to file a Fair Housing complaint. (This (D) Performance Measurement. You demonstrate that you have sufficient will require being familiar with the are required to complete and submit a personnel, you must submit the provisions of the Fair Housing Act.) form HUD–9902, Fiscal Year Activity proposed number of staff for each task You may elect to offer your services Report. The information compiled from to be conducted, by the employees and to a wide range of clients, or serve a this report provides HUD with its experts allocated to each activity you more limited audience, provided your primary means of measuring your plan to undertake in your program. You limited services do not constitute program performance and program must identify their titles and relevant discrimination on the basis of race, effectiveness. professional background and experience color, religion, sex, national origin, V. Application Selection Process related to the tasks they are to perform. disability or familial status. Your In addition, you must allocate the staff potential clients include: first-time (A) General. Your application will be hours for each task of these employees homebuyers, homebuyers and evaluated competitively, and ranked and experts. against all other applicants that applied homeowners eligible for, and applying (2) (10 points) Your past experience in in the same funding category. However, for HUD, VA, FmHA (or its successor terms of your ability to attain after selection, the actual amount agency), State, local, or conventionally measurable progress in the funded will be based on successful financed housing or housing assistance; implementation of your most recent completion of negotiations. National, or persons who occupy such housing activities where your performance has regional, and multi-State applications and seek the assistance of a housing been assessed. HUD will consider your will be rated and ranked in HUD counseling agency to resolve a housing performance as measured by your Headquarters, and selected for funding need. You may elect to offer this expenditures and demonstrated progress in rank order. Local agency and State assistance in conjunction with any HUD in achieving the purpose of the housing finance agency applications housing program; however, to do this, activities. HUD will also consider any will be rated and ranked by the HUD you must be familiar with FHA’s single documented evidence, such as form Homeownership Centers and selected family and multifamily housing HUD–9902, of your failure under past programs. for funding in rank order. (B) Factors For Award Used To Rate awards to comply with grant award IV. Program Requirements and Rank Applications. The factors for provisions. (A) General Requirements. The rating and ranking applicants, and Rating Factor 2: Need/Extent of the requirements listed in Section II of the maximum points for each factor, are Problem (20 Points) General Section of the SuperNOFA provided below. The maximum number of points for each applicant is 102. This This factor addresses the extent to apply to this program. which there is a need for funding your (B) Specific Requirements. includes two EZ/EC bonus points, as (1) Civil Rights Threshold described in the General Section of the proposed program activities to address a Requirements—All eligible applicants SuperNOFA. documented problem in your target area. To the extent that the community must meet the Civil Rights Threshold Rating Factor 1: Capacity of the requirements that are listed in Section served by your housing counseling Applicant and Relevant Organizational organization has documented the need II(B) of the General Section of the Experience (20 Points) SuperNOFA. in the community’s Consolidated Plan (2) Accessibility—All eligible This factor addresses the extent to or Analysis of Impediments to Fair applicants will make counseling offices which you have the organizational Housing Choice (AI); or requirements of and services accessible to persons with resources necessary to successfully court orders or consent decrees, a wide range of disabilities and help implement your proposed activities in a settlements and voluntary compliance persons locate suitable housing in timely manner. Your rating or the rating agreements, references to these locations throughout the applicant’s of your organization and staff for documents should be included in the community, target area, or metropolitan technical merit will include any response. If your proposed activities are area, as defined by the applicant. subcontractors, consultants, not covered under the scope of the (C) Requirements Applicable to subrecipients, and members of consortia Consolidated Plan or AI, you should Religious Organizations. Where your that are identified as participants in indicate such and use other sound data organization is, or you propose to your proposal. In rating this factor, HUD sources to identify the level of need for contract with, a primarily religious will consider the extent to which your your proposed program of activities. organization, or a wholly secular proposal demonstrates: In responding to this factor, you will organization established by a primarily (1) (10 points) The knowledge and be evaluated on the extent to which you religious organization, to provide, experience of your proposed project document a critical level of need for manage, or operate a housing counseling director and staff, including the day-to- your proposed activities in the area program, you must undertake your day program manager, consultants and where activities will be carried out. The responsibilities in accordance with the contractors in planning and managing documentation of need should following principles: programs for which you are requesting demonstrate the extent of the problem (1) You will not discriminate against funding. Your experience will be judged addressed by the proposed activities. any segment of the population in the in terms of recent, relevant and Examples of data that might be used to provision of services or in outreach, successful experience of your staff to demonstrate need, include economic including those of other religious undertake eligible program activities. and demographic data relevant to the affiliations. You are expected to have sufficient target area and your proposed activities. (2) You will not provide religious personnel, or be able to quickly access There must be a clear relationship instruction or religious counseling, qualified experts or professionals, to between the proposed activities, conduct religious services or worship, deliver the proposed activities in a community needs and the purposes of engage in religious proselytizing, and timely and effective fashion. HUD will this program for an applicant to receive exert religious influence in the assess the readiness and ability of your points for this factor.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00211 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9532 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Rating Factor 3: Soundness of (b) Being pro-active in reducing housing counseling and support Approach (40 Points) concentrations of poverty and/or services in your target area. This factor addresses the quality and minority populations in the target area. (2) You must provide evidence of effectiveness of your proposed housing This could include working with, or leveraging/partnerships by including in counseling plan (work plan) that adopting the counseling practices of, your application letters of firm describes your housing counseling agencies which conduct housing commitments, memoranda of needs, goals, and objectives related to opportunity counseling to encourage understanding, or agreements to low-income and minority persons to the scope of services you propose to participate from entities identified as move to low-minority-concentration provide, including a description of all partners in your application. Each letter areas, and helping to locate suitable counseling activities to be performed. In of commitment, memoranda of housing in such areas if the client rating this factor, HUD will consider the understanding, or agreement to chooses to move to one. following: participate should include the (c) Working with local lenders to partnering organization’s name, (1) The description of the scope of develop alternative lending criteria. For housing counseling services and/or proposed level of commitment and instance, you may make referrals to responsibilities as they relate to your activities that you will provide, how lenders of clients with good credit and proposed program. The commitment these services/activities will be payment histories, but who do not fit letter must also be signed by an official rendered, how these services/activities the standard profiles for lending of the organization legally able to make will be performed, the Congressional practices, or advocate with financial commitments on behalf of the District(s) in which your proposed institutions on behalf of clients with partnering organization. services/activities are to occur, and the financial patterns which reflect cultural extent to which the design and scope of differences (such as family savings (3) If you are a housing counseling your services/activities provide pools, which are common among some agency funded under this SuperNOFA, geographic coverage for the target areas Asian populations). Your activities you may use your HUD and leveraged as defined by the applicant, as well as should also focus on finding appropriate funds to deliver comprehensive housing persons traditionally underserved in the housing, free from environmental counseling, or may specialize in community as identified in Rating hazards, for all segments of the delivery of particular housing Factor 2, as well as persons traditionally population in neighborhoods with good counseling services. Either way, your underserved, including identification of transportation, schools, employment services/activities must reflect the immediate benefits to be achieved and opportunities, and other services. housing counseling needs you indicators by which these benefits will (b) The following are some suggested submitted in your funding application be measured. activities for national, regional, or multi- for your target area and identified in (2) The extent to which you have a state intermediaries and State housing your plan. You may conduct a wide clear agenda and identify specific finance agencies: range of housing counseling services activities to be performed, such as: (i) Training affiliates in Fair Housing that are eligible under this program. (a) Screening interviews with clients; issues. (4) If you are a national, regional or (b) Setting up a client file with intake (ii) Making national or regional multi-state intermediary or a State information and counseling plan; and agreements with lenders, insurers, and housing finance agency, you must (c) Having the client sign an organizations which train appraisers distribute the majority of your HUD agreement accepting the counseling and loan appraisers on fair housing award and leveraged funds to your plan and making a commitment to requirements, accessibility, and housing counseling affiliates and attend the required counseling sessions. financing methods which support your branches. HUD will give you wide (3) The extent to which your proposed organization’s fair housing and housing discretion to implement your housing tasks use documented, technically opportunity efforts. counseling program with your affiliates competent methodologies for and branches. You must execute conducting the work to be performed. Rating Factor 4: Leveraging Resources (10 Points) subgrant agreements with your affiliates HUD will assess the extent to which and branches that clearly delineates the your proposed work plan identifies This factor addresses your ability to mutual responsibilities for program documented, proven methodologies for secure private and public resources management and appropriate time the types of services to be performed. which can be combined with HUD’s frames for reporting results to HUD. You (4) The extent to which you program resources to achieve your can decide how to allocate the HUD and demonstrate the relationship between program purposes. In evaluating this leveraged funding among your affiliates the proposed activities, community factor HUD will consider: with the understanding that a written needs and the purposes of this program. (1) The extent to which you have record must be kept of how you (5) The extent to which your proposed obtained additional resources, or determined your funding levels. This activities undertake Affirmatively partnered with other entities to secure record must be made available to your Furthering Fair Housing (AFFH) may be additional resources, to increase the affiliates and to HUD. You should undertaken in a variety of ways, as effectiveness of your proposed program budget an amount that does not exceed appropriate to your target area. The activities. Resources may include ten percent (10%) of your grant and following are some suggestions for all funding or in-kind contributions, such reflects your best estimate of the cost to housing counseling agencies: as services or equipment, allocated to oversee and fund the housing (a) Implementing affirmative the purpose(s) of your program. counseling efforts of your affiliates. marketing strategies to attract all Resources may be provided by segments of the population regardless of governmental entities, public or private Note: HUD housing counseling funding is not intended to fully fund either an race, color, religion, national origin, sex, nonprofit organizations, for-profit organization’s housing counseling program, familial status, and disability, especially private organizations, or other entities or its local affiliates. All organizations that those least likely to request housing willing to partner with you. You may use housing counseling grant funds and their counseling services to purchase or also partner with other program funding local affiliates are expected to seek other retain their homes. recipients to coordinate the use of private and public sources of funding for

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00212 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9533 housing counseling to supplement HUD standard forms, certifications, and regional, or multi-state intermediary or funding. assurances listed in the General Section a State housing finance agency, you of the SuperNOFA (collectively, referred must submit an application which Rating Factor 5: Comprehensiveness to as the ‘‘standard forms’’). The covers both your network organization and Coordination (10 Points) standard forms can be found in and your affiliated agencies. You must This factor addresses the extent to Appendix B to the General Section of designate which affiliate may be given which you have coordinated your the SuperNOFA. The remaining a subgrant. Your application must activities with other known application items that are forms (i.e., include: organizations, participated or promoted excluding such items as narratives, (1) A description of your affiliated participation in a community’s letters), referred to as the ‘‘non-standard agencies. For each affiliated agency, list Consolidated Planning process and are forms’’ can be found as Appendix A to the following information: working toward addressing identified this program section of the SuperNOFA. (a) Organization name; needs in a holistic and comprehensive The items are as follows: (b) Address; manner through linkages with other (1) Narrative statements addressing (c) Director and contact person (if activities in your community. In the five Rating Factors in Section V.(B) evaluating this factor, HUD will different); of this program section of the (d) Phone/FAX numbers (including consider the extent to which you can SuperNOFA. Your narrative responses demonstrate you have: TTY, if available); should be numbered in accordance with (e) Federal tax identification number; (1) Coordinated your proposed the rating factors and subfactors (f) ZIP code service areas; activities with those of other groups or identified in Section V(B) of this (g) Number of staff providing organizations prior to submission in program section of the SuperNOFA. counseling; order to best complement, support and (2) Form HUD–9902, Housing coordinate all known activities; and, if Counseling Agency Fiscal Year Activity (h) Type of services offered (defined funded, the specific steps you will take Report, for fiscal year October 1, 1998 by homebuyer education programs, pre- to share information on solutions and through September 30, 1999. If you did purchase counseling, post-purchase outcomes with others. Any written not participate in HUD’s Housing counseling, mortgage default and agreements or memoranda of Counseling Program during FY 1999, delinquency counseling, HECM understanding in place should be this report should be completed to counseling, outreach initiatives, renter described. reflect your counseling workload during assistance, and other); (2) Taken or will take specific steps to (i) Number of years of housing become active in the Consolidated that period. This form must be fully completed and submitted by every counseling experience. Planning process (including the (2) Relationship with Affiliates. You Analysis of Impediments to Fair applicant for FY 2000 HUD funding. A copy of this form is included in the must briefly describe your relationship Housing Choice) established in your with your affiliates (i.e. membership target area to identify and address Appendix to the program section of this SuperNOFA. organization, field or branch office, needs/problems related to the activities subsidiary organization, etc.). you propose in your application. If you (3) Budget Work Sheet. A proposed budget for use of the requested HUD (3) Oversight System. You must reported in your FY 1999 application briefly describe the process that will be that you ‘‘will take specific steps’’, funds. (4) Evidence of Housing Counseling used to determine affiliate funding describe what steps you have taken. levels, distribute funds, and monitor (3) Taken or will take specific steps to Funding Sources (required of all affiliate performance. develop linkages to coordinate applicants). comprehensive solutions through (5) Narrative of Prior Fiscal Year VII. Corrections to Deficient meetings, information networks, Performance. You must provide a Applications planning processes or other mechanisms descriptive narrative that sets forth your prior fiscal year’s performance as related The General Section of the with: SuperNOFA provides the procedures for (a) Other HUD-funded projects/ to its goals, objectives and mission. corrections to deficient applications. activities outside the scope of those Your narrative must describe the most covered by the target area’s recent operational and program VIII. Environmental Requirements Consolidated Plan; and (b) Other activities of your organization. In accordance with 24 CFR 50.19(b)(9) Federal, State or locally funded (6) Current Housing Counseling Plan. and (12) of the HUD regulations, activities, including those proposed or See Rating Factor 3 for a description. activities assisted under this program on-going in your target area. (7) Direct-labor and Hourly-labor rate are categorically excluded from the If you reported in your FY 1999 and Counseling Time Per Client for requirements of the National application that you ‘‘will take specific proposed tasks. Environmental Policy Act and are not steps’’, describe what steps you have (8) The Congressional District in subject to environmental review under taken. which your proposed activities are to occur. the related laws and authorities. VI. Application Submission (9) Authority to Operate as State IX. Authority Requirements housing finance agency. If you are a (A) General. The contents of your State housing finance agency, you must HUD’s Housing Counseling Program application will differ if you are a local submit your statutory authority to is authorized by section 106 of the housing counseling agency; or a operate as a State housing finance Housing and Urban Development Act of national, regional, or multi-state agency. 1968 (12 U.S.C. 1701x), and is generally intermediary; or a State housing finance (B) National, Regional, and Multi- governed by HUD Handbook 7610.1, agency. For all applicants, however, State Intermediaries and State Housing REV–4, dated August 9, 1995. your application must include the Finance Agencies. If you are a national, BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00213 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9534 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

APPENDIX A The non-standard forms, which follow, are required for your Housing Counseling Program application.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00214 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9535

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00215 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9536 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00216 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9537

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00217 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00218 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9539

FUNDING AVAILABILITY FOR THE impairments, may call the Center’s TTY and housing units where lead-hazards LEAD-BASED PAINT HAZARD number at 1–800–HUD–2209. When are controlled; CONTROL GRANT PROGRAM requesting an application kit, please (b) Target lead hazard control efforts at housing in which children are at Program Overview refer to the Lead-Based Paint Hazard Control Grant Program. Please be sure to greatest risk of lead poisoning; Purpose of the Program. The purpose provide your name, address (including (c) Stimulate cost-effective of the Lead-Based Paint Hazard Control zip code), and telephone number approaches that can be replicated; Grant Program is to assist States, Indian (including area code). (d) Emphasize lower cost methods of Tribes and local governments in For Further Information and hazard control; undertaking comprehensive programs to Technical Assistance. You may contact (e) Build local capacity to safely and identify and control lead-based paint Ellis G. Goldman, Director, Program effectively address lead hazards during hazards in eligible privately-owned Management Division, Office of Lead lead hazard control, renovation, housing for rental or owner-occupants Hazard Control, at the address above; remodeling, and maintenance activities; in partnership with community-based telephone (202) 755–1785, extension and organizations. 112 (this is not a toll-free number). If (f) Affirmatively further fair housing, Available Funds. Approximately $59 you are a hearing- or speech-impaired Partnership for Advancing Technology million. person, you may reach the above in Housing (PATH), and environmental Eligible Applicants. States, Indian telephone numbers via TTY by calling justice. Tribes or local governments. If you are the toll-free Federal Information Relay (2) The objectives of this program a State or Tribal applicant, you must Service at 1–800–877–8339. include: have a Lead-Based Paint Contractor (a) Implementation of a national Certification and Accreditation Program Satellite Broadcast. HUD will hold an strategy, as defined in Title X of the authorized by EPA. information broadcast via satellite for Housing and Community Development Application Deadline. May 17, 2000. potential applicants to learn more about Act of 1992 (42 U.S.C. 4851 et. seq.) Match. A minimum of 10% match in the program and preparation of the (Title X), to build the community’s local funds. application. For more information about capacity necessary to eliminate lead- the date and time of the broadcast, you Additional Information based paint hazards in all housing, as should consult the HUD web site at widely and quickly as possible by I. Application Due Date, Application http://www.hud.gov. establishing a workable framework for Kits, Further Information, and II. Amount Allocated lead-based paint hazard identification Technical Assistance and control; (A) Available Funding. Application Due Date. Submit your (b) Mobilization of public and private Approximately $59 million will be completed application (an original and resources, involving cooperation among available for the Lead-Based Paint four copies) to HUD on or before 12:00 all levels of government, the private Hazard Control Grant Program. midnight, Eastern time, on May 17, sector, and community-based (B) Allocation of Funds/Grant 2000, at the address shown below. organizations to develop cost-effective See the General Section of the Awards. Both existing grantees or methods for identifying and controlling SuperNOFA for specific procedures previously unfunded applicants are lead-based paint hazards; concerning the form of application eligible to apply for grants of $1 million (c) Development of comprehensive submission (e.g., mailed applications, to $3 million. Approximately 20 to 25 community approaches which result in express mail, overnight deliver, or hand grants will be awarded. A minimum of integration of all community resources carried). 70% of the funds shall be available to (governmental, community-based, and Address for Submitting Applications. existing Lead-Based Paint Hazard private businesses) to address lead For Mailed Applications. The address Control grantees. Applications from hazards in housing; for mailed applications is: Department existing (or previous) grantees will be (d) Integration of lead-safe work of Housing and Urban Development, evaluated and scored as a separate practices into housing maintenance, Office of Lead Hazard Control, 451 group and will not be in direct repair, weatherization, rehabilitation, Seventh Street, SW, Room P3206, competition with applications from and other programs which will continue Washington, DC 20410. previously unfunded applicants. beyond your grant period; For Overnight/Express Mail or Hand III. Program Description, Eligible (e) Establishment of a public registry Carried Applications. The address for Applicants; Eligible Activities (listing) of lead-safe housing; and applications that are hand carried or (f) To the greatest extent feasible, sent via overnight delivery is: HUD (A) Program Description. The Lead- promotion of job training, employment, Office of Lead Hazard Control, Suite Based Paint Hazard Control Grant and other economic opportunities for 3206, 490 East L’Enfant Plaza, SW, Program assists States, Indian Tribes low-income and minority residents and Washington, DC 20024. Hand carried and local governments in undertaking businesses that are owned by and/or applications will be accepted at this programs for the identification and employ low-income and minority address (490 East L’Enfant) up until 5:00 control of lead-based paint hazards in residents as defined in 24 CFR 135.5 pm on the application due date. eligible privately-owned housing units (See 59 FR 33881, June 30, 1994). After 5:00 pm on the application due for rental and owner-occupants. The (B) Eligible Applicants. (1) To be date, hand carried applications will be application kit for this program section eligible to apply for funding under this accepted until 12:00 midnight, in the of the SuperNOFA lists HUD-associated program, you must be a State, Indian South Lobby of HUD Headquarters, 451 housing programs which also meet the Tribe, or unit of local government. Seventh Street, SW, Washington, DC definition of eligible housing. Multiple units of a local government (or 20410. (1) Because lead-based paint is a multiple local governments) may apply For Application Kits. You may obtain national problem, these funds will be as part of a consortium; however, you an application kit from the SuperNOFA awarded to: must identify a single lead government Information Center at 1–800–HUD– (a) Maximize both the number of or agency as ‘‘the applicant.’’ You may 8929. Persons with speech or hearing children protected from lead poisoning submit only one application. In the

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00219 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9540 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices event you submit multiple applications, projects conducted by contractors, risk specifically required to carry out this will be considered a curable (minor) assessors, inspectors, workers and effective hazard control, and without defect and the application review others engaged in lead-based paint which the hazard control could not be process delayed until you notify HUD in activities who meet the requirements of completed and maintained. Hazard writing which application should be an EPA authorized State or Tribal Lead- Control grant funds may be used for reviewed. Your other applications will Based Paint Contractor Certification and lead hazard control work done in be returned unevaluated. Accreditation Program under the conjunction with other housing (2) Threshold Requirements. As an requirements of section 404 of the Toxic rehabilitation programs. HUD strongly applicant, you must meet all of the Substances Control Act (TSCA). encourages integration of this grant threshold requirements of Section II(B) However, low level hazard interventions program with housing rehabilitation and of the General Section of the (e.g., dust control and minor paint PATH technologies. SuperNOFA. stabilization) do not require certified (g) Conducting clearance dust-wipe (3) Consolidated Plans. personnel unless required by state or testing and laboratory analysis. (a) If your jurisdiction has a current local laws or regulations. All applicants (h) Engineering and architectural HUD approved Consolidated Plan, you must use personnel certified under the activities that are required for, and in must submit, as an appendix, a copy of state, tribal, or EPA administered direct support of, lead hazard control. the lead-based paint element included program for their state or tribe. (i) Providing lead-based paint worker in the approved Consolidated Plan. (1) Direct Project Elements that you or contractor certification training and/ (b) If your jurisdiction does not have may undertake directly or through or licensing to low-income persons. a currently approved Consolidated Plan, subrecipients, include: (j) Providing free training on lead-safe, but it is otherwise eligible for this grant (a) Performing dust testing, hazard essential maintenance practices to program, you must include your screens, inspections, and risk homeowners, renters, painters, jurisdiction’s abbreviated Consolidated assessments of eligible housing remodelers, and apartment maintenance Plan, which includes a lead-based paint constructed before 1978 to determine staff working in low-income private hazard control strategy developed in the presence of lead-based paint and/or housing. accordance with 24 CFR 91.235. lead hazards from paint, dust, or soil. (4) Contracts with Community-Based (b) Conducting the required pre- (k) Providing cleaning supplies for Organizations. If selected for funding, hazard control blood lead testing of lead-hazard control to community/ local and State applicants must enter children under the age of six years (72 neighborhood-based organizations, into contractual relationships with months) residing in units undergoing homeowners, and renters in low-income community-based organizations. Such inspection, risk assessment, or hazard private housing. relationships must be established prior control, unless reimbursable from (l) Conducting planning and to actual execution of the grant Medicaid or another source. coordination activities to facilitate local agreement. This requirement does not (c) Conducting lead hazard control, implementation of HUD’s regulations on apply to Indian Tribes. which may include any combination of Lead-Based Paint Poisoning Prevention (5) EPA Authorization. If you are a the following: interim control of lead- in Certain Residential Structures, State government or an Indian Tribal based paint hazards in housing (which published on September 15, 1999 (64 FR government, you must have an EPA may include specialized cleaning 50140), which will take effect on authorized Lead-Based Paint Contractor techniques to address lead dust); September 15, 2000. These regulations Certification and Accreditation Program abatement of lead-based paint hazards are available from the National Lead on the application deadline to be using different methods for each unit Information Center at 1–800–424–LEAD. eligible. The approval date in the (based on the condition of the unit and (m) Conducting general or targeted Federal Register notice published by the extent of hazards); and abatement of community awareness, education or the EPA will be used. lead-based paint hazards, including soil outreach programs on lead hazard (6) If you were funded under the FY and dust, by means of removal, control and lead poisoning prevention. 1999 Lead-Based Paint Hazard Control enclosure, encapsulation, or This includes educating owners of Funding competition in the FY 1999 replacement methods. Complete rental properties on the Fair Housing SuperNOFA issued February 26, 1999 abatement of all lead-based paint or Act and training on lead-safe (64 FR 9699), you are not eligible for lead-contaminated soil is not acceptable maintenance and renovation practices funding under this program section of as a cost effective strategy unless and management. Upon request, this the SuperNOFA. justification is provided and approved also would include making all materials (7) The eligibility factors discussed in by HUD. Abatement of lead- available in alternative formats to paragraphs (1) through (6) above are contaminated soil should be limited to persons with disabilities (e.g.; Braille, threshold requirements. If you do not areas with bare soil in the immediate audio, large type). satisfy the appropriate eligibility vicinity of the structure, i.e., dripline or (n) Procuring liability insurance for requirements stated in these paragraphs, foundation of the structure being lead-hazard control activities. HUD will not review your application. treated, and children’s play areas. (o) Supporting data collection, (C) Eligible Activities. HUD is (d) Carrying out temporary relocation analysis, and evaluation of grant interested in promoting lead hazard of families and individuals during the program activities. This includes control approaches that result in the period in which hazard control is compiling and delivering such reduction of this health threat for the conducted and until the time the information and data as may be required maximum number of low-income affected unit receives clearance for by HUD. This activity is separate from families with children under six, for the reoccupancy. administrative costs. longest period of time, and that (e) Performing blood lead testing and (p) Conducting applied research demonstrate techniques which are cost- air sampling to protect the health of the activities directed at demonstration of effective, efficient, and can be used hazard control workers, supervisors, cost effective methods for lead hazard elsewhere. HUD will allow flexibility and contractors. control. within the parameters established (f) Undertaking minimal housing (q) Purchasing or leasing equipment below. Funds will be available only for rehabilitation activities that are having a per unit cost under $5,000.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00220 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9541

(r) Purchasing or leasing up to two (2) activities do not include relocation, Historic Preservation Officers in X-ray fluorescence analyzers for use by blood testing of residents or workers, carrying out activities under this the Lead-Based Paint Hazard Control housing rehabilitation, training, program. This may be obtained from the Grant Program, if not already available. community education, applied research, SuperNOFA Clearinghouse. (s) Preparing a final report at the purchase of supplies or equipment, or (G) Waste Disposal. You must handle conclusion of grant activities. administrative costs. waste disposal according to the (2) Support Elements. (3) Applied Research Activities. You requirements of the appropriate local, (a) Administrative costs. There is a may identify a maximum of five (5%) State and Federal regulatory agencies. 10% maximum for administrative costs. percent of the total grant request for You must handle disposal of wastes Specific information on administrative applied research activities. from hazard control activities that costs is included in this Lead-Based (4) Administrative Costs. There is a contain lead-based paint but are not Paint Hazard Control Grant Program 10% maximum for administrative costs. classified as hazardous in accordance section of this SuperNOFA. (B) Period of Performance. The period with the HUD Guidelines for the (b) Program planning and of performance is 36 months for Evaluation and Control of Lead-Based management costs of sub-grantees and previously unfunded applicants. Hazards in Housing (HUD Guidelines). other sub-recipients. Existing grantee applicants will be The Guidelines may be purchased from (D) Ineligible Activities. You may not allowed 30 months. HUD User (1–800–245–2691) or use grant funds for any of the following: (C) Certified Performers. You may use downloaded from the HUD website (1) Purchase of real property. grant funds only for projects conducted (www.hud.gov). (2) Purchase or lease of equipment by certified contractors, risk assessors, (H) Worker Protection Procedures. having a per unit cost in excess of inspectors, workers and others engaged You must observe the procedures for $5,000, except for X-ray fluorescence in lead-based paint activities. The worker protection established in the analyzers. individuals and firms (if applicable) HUD Guidelines, as well as the (3) Chelation or other medical must be certified under an EPA requirements of the Occupational treatment costs related to children with authorized State or Tribal program or a Health and Safety Administration elevated blood lead levels. Non-Federal program operated by the EPA in the (OSHA) (29 CFR 1926.62—Lead funds used to cover these costs may be absence of a State or Tribal program. Exposure in Construction), or the State counted as part of the required matching (D) Coastal Barrier Resources Act. or local occupational safety and health contribution. Pursuant to the Coastal Barrier regulations, whichever are most (4) Lead hazard control activities in Resources Act (16 U.S.C. 3501), you protective. If other applicable publicly owned housing, or project- may not use grant funds for properties requirements contain more stringent based Section 8 housing. located in the Coastal Barrier Resources requirements than the HUD Guidelines, IV. Program Requirements System. the more rigorous standards shall be (E) Flood Disaster Protection Act. followed. In addition to the program Under the Flood Disaster Protection Act (I) Prohibited Practices. You must not requirements listed in the General of 1973 (42 U.S.C. 4001–4128), you may engage in practices that are not allowed Section of this SuperNOFA, you, the not use grant funds for lead-based paint because of health and safety risks. applicant, must comply with the hazard control of a building or mobile Methods that generate high levels of following requirements: home that is located in an area lead dust shall be undertaken only with (A) Budgeting. (1) Matching identified by the Federal Emergency requisite worker protection, Contribution. You must provide a Management Agency (FEMA) as having containment of dust and debris, suitable matching contribution of at least 10% of special flood hazards unless: clean-up, and clearance. Prohibited the requested grant sum. This may be in (1) The community in which the area practices include: the form of a cash or in-kind (non-cash) is situated is participating in the (1) Open flame burning or torching; contribution or a combination of both. National Flood Insurance Program in (2) Machine sanding or grinding With the sole exception of Community accordance with the applicable without a high-efficiency particulate air Development Block Grant (CDBG) regulations (44 CFR parts 59–79), or less (HEPA) exhaust control; funds, Federal funds may not be used to than a year has passed since FEMA (3) Uncontained hydroblasting or high satisfy the statutorily required ten (10) notification regarding these hazards; pressure wash; percent matching requirement. Federal and (4) Abrasive blasting or sandblasting funds may be used, however, for (2) Where the community is without HEPA exhaust control; contributions above the statutory participating in the National Flood (5) Heat guns operating above 1100 requirement. If you do not show a Insurance Program, flood insurance on degrees Fahrenheit; minimum 10% match in your the property is obtained in accordance (6) Chemical paint strippers application, you will be rated lower with section 102(a) of the Flood Disaster containing methylene chloride; and during the evaluation process, and, if Protection Act (42 U.S.C. 4012a(a)). You (7) Dry scraping or dry sanding, selected, you will be required to provide are responsible for assuring that flood except scraping in conjunction with the matching contribution before being insurance is obtained and maintained heat guns or around electrical outlets or given the grant. for the appropriate amount and term. when treating no more than two (2) (2) Direct Lead Hazard Control (F) National Historic Preservation Act. square feet in any one interior room or Activities. The budget proposed must The National Historic Preservation Act space, or totaling no more than 20 show a minimum of 60 percent of the of 1966 (16 U.S.C. 470) and the square feet on exterior surfaces. total Federal amount requested regulations at 36 CFR part 800 apply to (J) Proposed Modifications From identified for direct lead hazard control the lead-based paint hazard control Current Procedures. Proposed methods activities. Direct lead hazard control activities that are undertaken pursuant that differ from currently approved activities consist of inspections, risk to this program. HUD and the Advisory standards or procedures will be assessments, contracts for lead hazard Council for Historic Preservation have considered on their merits through a control services, and clearance developed an optional Model separate HUD review and approval evaluations. Direct hazard control Agreement for use by grantees and State process after the grant award is made

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00221 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9542 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices and a specific justification has been (c) Non-Identification of Lead and Urban Development Act of 1968 are presented. HUD may consult with Hazards from Paint, Dust, Soil. In the applicable to the Lead-Based Paint experts from both the public and private event you propose to conduct lead Hazard Control Program. sector as part of its final determinations hazard control work without (Q) Replacing Existing Resources. and will document its findings in an identification of lead hazards from Funds received under this grant environmental assessment. HUD will paint, dust, and soil, you must fully program should not be used to replace not approve proposed modifications justify the technical and other rationale existing community resources dedicated that, in HUD’s opinion, involve a for such a proposal. HUD must approve to any ongoing project. lowering of standards with potential to such proposals. Approval is subject to (R) Certifications and Assurances. adversely affect the health of residents, HUD environmental review under 24 You must include the certifications and contractors or workers, or the quality of CFR part 50. assurances listed in the General Section the environment. (d) Clearance Testing. Clearance dust of the SuperNOFA with your (K) Written Policies and Procedures. testing must be conducted according to application. You must have clearly established, the HUD Guidelines. You are required (S) Davis-Bacon Act. The Davis-Bacon written policies and procedures for all to meet the interim post-hazard control Act does not apply to this program. phases of lead hazard control, including dust-wipe test clearance thresholds at However, if you use grant funds in risk assessment, inspection, 24 CFR 35.1320 published on conjunction with other Federal development of specifications, pre- September 15, 1999 (64 FR 50218). programs in which Davis-Bacon hazard control blood lead testing, These standards are also in the prevailing wage rates apply, then Davis- financing, relocation and clearance application kit. Wipe tests shall be Bacon provisions would apply to the testing. Grantees, subcontractors, sub- conducted by an appropriately certified extent required under the other Federal grantees, sub-recipients, and their individual who is independent of the programs. contractors must adhere to these lead hazard control contractor. Dust- V. Application Selection Process policies and procedures. wipe and soil samples, and any paint (L) Continued Availability of Lead samples to be analyzed by a laboratory, (A) Rating and Ranking. HUD intends Safe Housing to Low-Income Families. must be analyzed by a laboratory to fund the highest ranked applications Units in which lead hazards have been recognized by the EPA National Lead within the limits of funding, but controlled under this program shall be Laboratory Accreditation Program reserves the right to advance other occupied by and/or continue to be (NLLAP). Units treated shall not be eligible applicants in funding rank. A available to low-income residents as reoccupied until clearance is achieved. decision to advance an applicant will be required by Title X. You must maintain (2) Blood lead testing. Before lead based on programs that: foster a registry (listing) of units in which lead hazard control work begins, each innovative local approaches or lead hazards have been controlled for occupant who is under six years old hazard control methods, or provide lead distribution and marketing to agencies must be tested for lead poisoning within hazard control services to populations and families as suitable housing for the six months preceding the housing or communities that have high need (as families with children under six. intervention. Any child with an measured by the ‘‘Need’’ factor for (M) Testing. In developing your elevated blood lead level must be award) and have never received funding application budget, include costs for referred for appropriate medical follow- under this grant program. inspection, risk assessment, and up. The standards for such testing are (B) Award Offers. In the selection clearance testing for each dwelling that described in the Centers for Disease process, once available funds have been will receive lead hazard control, as Control and Prevention publication allocated to meet the requested or follows: Preventing Lead Poisoning in Young negotiated amounts of the top eligible (1) Testing. (a) General. All testing Children (1991). applicants, HUD reserves the right to and sampling shall conform to the (N) Cooperation With Related offer any residual amount as partial current HUD Guidelines and Federal, Research and Evaluation. You shall funding to the next eligible applicant, state or tribal regulations developed as cooperate fully with any research or provided HUD is satisfied that the part of the appropriate contractor evaluation sponsored by HUD, CDC, residual amount is sufficient to support certification program. It is particularly EPA or other government agency and a viable, though reduced effort, by such important to provide this full cycle of associated with this grant program, applicant(s). If you are an applicant testing for lead hazard control, including preservation of project data offered a reduced grant amount you will including interim controls. Until the and records and compiling requested have a maximum of seven (7) calendar effective date of the final EPA lead information in formats provided by the days to accept such a reduced award. If hazard standards for dust and soil, the researchers, evaluators or HUD. This you fail to respond within the seven day interim standards published on also may include the compiling of limit, you shall be considered to have September 15, 1999 (64 FR 50218), will certain relevant local demographic, declined the award. be used. All test results must be dwelling unit, and participant data not (C) Budget. HUD will evaluate your provided to the owner, together with a contemplated in your original proposal. proposed budget (for a 36 month period notice describing the owner’s legal duty Participant data shall be subject to for previously unfunded applicants and to disclose the results to tenants and Privacy Act protection. a 30 month period for existing grantee buyers. (O) Data collection. You will be applicants) to determine if it is (b) Pre-Hazard Control. A combined required to collect and maintain the reasonable, clearly justified, and inspection and risk assessment is data necessary to document the various consistent with the intended use of recommended. You should ensure that lead hazard control methods used in grant funds. HUD is not required to the results of the pre-hazard control order to determine the effectiveness and approve or fund all proposed activities. investigation are sufficient to support relative cost of these methods. You may devote up to 36 months (30 hazard control decisions. When (P) Section 3 Employment months for existing grantee applicants) appropriate, you may elect to perform a Opportunities. Please see the General for the planning, implementation, and lead hazard screen in lieu of an Section of this SuperNOFA. The completion of lead hazard control inspection or risk assessment. requirements of section 3 of the Housing activities. You must thoroughly

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00222 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9543 document and justify all budget position titles. Resumes (for up to three Analysis of Impediments, Public categories and costs (Part B of Standard key personnel), position descriptions, Housing Authority’s Five Year Form 424A) and all major tasks. and a clearly identified organizational Comprehensive Plan, State or local Describe in detail the budgeted costs for chart for the lead hazard control grant Welfare Department’s Welfare Reform each program element (major task) program effort must be included in an Plan; or included in the overall plan (the appendix. Indicate the percentage of (3) To the extent that statistics and program elements are: administration; time that key personnel will devote to program management; marketing, your project. To receive maximum other data contained in your community awareness, education and points, your day-to-day program community’s Consolidated Plan or outreach; lead hazard control (including manager must be dedicated for a Analysis of Impediments to Fair testing); relocation; program evaluation minimum of 75% of the time. Describe Housing Choice (AI) support the extent (including data collection); and applied how other principal components of your of the problem, you should include research). agency or other organizations will references to the Consolidated Plan and (D) Factors for Award Used to participate in or otherwise support the the AI in your response. Evaluate and Rate Applications. The grant program. You may demonstrate (4) Provide information on your factors for rating and ranking applicants, capacity by thoroughly describing your jurisdiction, and the areas targeted for and maximum points for each factor, are prior experience in initiating and the lead hazard control activities (data stated below. The maximum number of implementing lead hazard control may be available in your currently points to be awarded is 102. This efforts and/or related environmental, approved Consolidated Plan, derived maximum includes two EZ/EC bonus health, or housing projects. You should from 1990 Census Data, or special local points as described in the General indicate how this prior experience will studies): Section of the SuperNOFA. Also, be used in carrying out your proposed Section III(C)(2) of the General Section, comprehensive Lead-Based Paint (a) The age and condition of housing; which addresses a court-ordered Hazard Control Grant Program. (b) The number and percentage of consideration, is applicable to this (2) If you have received previous HUD very-low (income less than 50% of the program. Lead-Based Paint Hazard Control Grant area median) and low (income less than Rating Factor 1: Capacity of the funding, your past experience will be 80% of the area median) income Applicant and Relevant Organizational evaluated in terms of progress under the families, as determined by HUD, with Experience (15 Points for Previously most recent previous grant. You must adjustments for smaller and larger Unfunded Applicants; 30 Points for provide a description of your progress families; Existing Grantees) in implementing your most recent grant award within the period of performance, (c) The number and proportion of This factor addresses your including the total number of housing children under six years (72 months) of organizational capacity necessary to units completed as of the most recent age at risk of lead poisoning; successfully implement the proposed calendar quarter. (d) The extent of the lead poisoning activities in a timely manner. The rating of the ‘‘applicant’’ or the ‘‘applicant’s Rating Factor 2: Needs/Extent of the problem in children under six years of staff’’ for technical merit or threshold Problem (20 Points) age in target areas and the overall jurisdiction; and compliance, unless otherwise specified, This factor addresses the extent to includes any community-based which there is a need for the proposed (e) Other socioeconomic or organizations, sub-contractors, program activities to address a environmental factors that demonstrate consultants, sub-recipients, and documented problem in the target area. a need to establish or continue lead members of consortia which are firmly (1) Document a critical level of need hazard control work in your committed to your project. In rating this for your proposed activities in the area jurisdiction. factor, HUD will consider: where activities will be carried out. (1) Your recent, relevant and (5) You also must provide Since an objective of the program is to documentation of the priority that the successful demonstrated experience prevent at-risk children from being (including governmental and community’s Consolidated Plan and poisoned, specific attention must be Analysis of Impediments has placed on community-based partners) to undertake paid to documenting such need as it addressing the needs you described. eligible program activities. You must applies to the targeted areas, rather than describe the knowledge and experience the entire locality or state. If the target (6) If your application addresses of the proposed overall project director area is an entire locality or state, then needs that are in the Consolidated Plan, and day-to-day program manager in documenting need at this level is Analysis of Impediments to Fair planning and managing large and appropriate. So the threat to your Housing Choice, court orders or consent complex interdisciplinary programs, jurisdiction’s children can be decrees, settlements, conciliation especially involving housing thoroughly assessed, you should agreements, and voluntary compliance rehabilitation, public health, or describe the need in both the target agreements, you will receive more environmental programs. You must areas as well as the entire jurisdiction. points than applicants that do not relate demonstrate that you have sufficient (2) Document the following: their program to identified needs. personnel or will be able to quickly (a) Numbers and percentages of retain qualified experts or professionals, children with elevated blood lead (7) For you to receive maximum to immediately begin your proposed levels, particularly in the areas targeted points for this factor, there must be a work program and to perform your in your proposal; direct relationship between your proposed activities in a timely and (b) Economic and demographic data proposed activities, community needs, effective fashion. In the narrative relevant to the target area, including and the purpose of the program funding. response for this factor, you should poverty and unemployment rates; If the data presented in your response include information on your program (c) Housing market data available does not specifically represent your staff, their experience, commitment to from HUD, or other data sources, target area, you should discuss why the the program, salary information, and including the Consolidated Plan/ target areas were proposed.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00223 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9544 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Rating Factor 3: Soundness of (iv) The financing strategy, including strategies directed specifically to them Approach (45 Points for Previously eligibility requirements, terms, should be multifaceted. This criterion Unfunded Applicants and 30 Points for conditions, and amounts available, you goes beyond testing and hazard control; Existing Grantees) will use in carrying out lead hazard it concerns what happens to the units control activities. You must discuss the after lead hazard control activities are This factor addresses the quality and way these funds will be administered completed and tries to ensure, for the cost-effectiveness of your proposed (e.g. use of grants, deferred loans, long term, that all families will have work plan. You should present forgivable loans, other resources, private adequate, lead-safe housing choices. information on your proposed lead- sector financing, etc.), as well as the (c) Technical Approach for based paint hazard control program and agency that will administer the Conducting Lead Hazard Control describe how it will satisfy the financing process. Describe any Activities (16 points for previously identified needs. To the extent possible, matching requirements proposed for unfunded applicants; 9 points for describe a comprehensive strategy to assistance to investor-owned properties. existing grantees). address the need to protect targeted Investor-owner match that is a program (i) Describe your process for the neighborhoods rather than individual requirement should also be reflected in conduct of risk assessments and/or units or homes. Your response to this your response to Factor 4. inspections in units of eligible privately- factor must include the following (v) You should describe how your owned housing in which you will elements: proposed program will satisfy the stated undertake lead hazard control. You may (1) Lead Hazard Control Strategy (37 needs or will assist in addressing the include housing which has a valid risk points for previously unfunded impediments in the AI. Describe how assessment or inspection which had applicants; 22 points for existing your proposed program will further and been previously performed by certified grantees). Describe your strategy to plan support the policy priorities of the inspectors or risk assessors, in and execute your lead hazard control Department, including promoting accordance with the HUD Guidelines grant program. You should provide healthy homes; providing opportunities and identified with lead-based paint information on: for self-sufficiency, particularly for hazards. (a) Implementing a Lead Hazard persons enrolled in welfare to work (ii) Describe your testing methods, Control Program (16 points for programs; or providing educational and schedule, and costs for performing previously unfunded applicants; 8 job training opportunities. Describe how blood lead testing, risk assessments and/ your strategy will provide long-term points for existing grantees). Describe or inspections to be used. If you propose benefits to families with children under how you will implement the strategy for to use a more restrictive standard than your proposed lead hazard control six years of age. (b) Lead Hazard Control Outreach the HUD thresholds (e.g., 0.5% or 1.0 program. The description must include mg/cm2), identify the lead-based paint information on: and Community Involvement (5 points for all applicants). Your application threshold for undertaking lead hazard (i) How your previous experience in control which will be used. All testing reducing or eliminating lead-based paint must describe: (i) Proposed methods of community shall be performed in accordance with hazards in conjunction with other education. These may include the HUD Guidelines. Federal, State or locally funded community awareness, education, (iii) Describe the lead hazard control programs will facilitate such training, and outreach programs in methods you will undertake and the implementation. support of the work plan and objectives. number of units you will treat for each (ii) Your overall strategy for the This description should include general method selected (interim controls, identification, selection, prioritization, and/or targeted efforts undertaken to hazard abatement, and complete and enrollment of units of eligible assist your program in reducing lead abatement). Provide an estimate of the privately-owned housing for lead hazard exposure. Programs should be culturally per unit costs (and a basis for those control. Describe the proposed activities sensitive, targeted, and linguistically estimates) for each lead hazard control that will occur in an EZ/EC and how appropriate. Upon request, this would method proposed and a schedule for they will benefit the residents of those include making materials available in initiating and completing lead hazard zones or communities. Provide alternative formats to persons with control work in the selected units. estimates of the total number of owner disabilities (e.g., Braille, audio, large Discuss efforts to incorporate cost- occupied and/or rental units which will type), and in other languages common effective lead hazard control methods (if receive lead hazard control. You should to the community to the extent possible. you propose complete abatement, describe how you will respond to the (ii) How you intend to involve provide HUD with a detailed rationale needs of EBL children located outside neighborhood or community-based for that decision). Explain your cost the targeted areas. organizations in your proposed estimates, providing detail on how the (iii) The degree to which the work activities. Your activities may include estimates were developed, with plan focuses on eligible privately-owned outreach, community education, particular references to cost housing units with children under six marketing, inspection (including dust effectiveness. years (72 months) old. Describe your lead testing), and the conduct of lead (iv) Schedule. Describe your expected planned approach to control lead hazard control activities. HUD will schedule for the overall project. Discuss hazards before children are poisoned evaluate the level of substantive when you plan to complete planning and/or to control lead hazards in units involvement during the review process. and receive approval of your workplan; where children have already been (iii) Outreach strategies and perform lead hazard control on your identified with an elevated blood lead methodologies to affirmatively further first unit; and complete lead hazard level. Describe your process for referring fair housing and provide lead-safe control on all units in your workplan and tracking children with elevated housing to all segments of the and grant agreement. blood lead levels for medical case population: homeowners, owners of Describe the schedule for a typical management. Provide estimates of the rental properties, and tenants. Once the unit which will receive lead hazard number of children you will assist population to which outreach will be control. Discuss the duration for through this program. ‘‘targeted’’ is identified, outreach enrollment and qualification;

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00224 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9545 evaluation; hazard control; and Development Act of 1968 to give separate funding notice on Lead Hazard clearance. preference to hiring of low- and very Research is part of this SuperNOFA. (v) Describe how you will integrate low-income persons or contracting with (3) Matching funds must be shown to proposed lead hazard control activities businesses owned by or employing low- be specifically dedicated to and with rehabilitation activities. and very low-income persons. integrated into supporting the lead- (vi) Describe your contracting process, (3) Program Evaluation, Data based paint hazard control program. including development of specifications Collection, and Research (4 points for You may not include funding from any for selected lead hazard control all applicants). Federally funded program (except the methods. Describe the management (a) Identify and discuss the specific CDBG program) as part of your required processes you will use to ensure the methods and measures you will use (in 10% match. Other resources committed cost-effectiveness of your lead hazard addition to HUD reporting to the program that exceed the required control methods. Your application must requirements) to measure progress, 10% match will provide points for this include a discussion of the contracting evaluate program effectiveness, and rating factor and may include funds process for the conduct of lead hazard identify program changes necessary to from other Federally funded programs. control activities in the selected units. improve performance. Describe how you You must support each source of (vii) Describe your plan for occupant will obtain, document and report the contributions, cash or in-kind, both for protection or the temporary relocation information. the required minimum and additional of occupants of units selected for lead (b) Provide a detailed description of amounts, by a letter of commitment hazard control work. You should any proposed applied research from the contributing entity, whether a address the use of safe houses and other activities. Describe the objectives, public or private source. This letter housing arrangements, storage of must describe the contributed resources household goods, stipends, incentives, methodology and impact at the local level of the proposed research activities. that you will use in the program. Staff etc. in-kind contributions should be given a (viii) If you are an existing grantee, Rating Factor 4: Leveraging Resources monetary value. If you do not provide you must describe the actions you will (10 Points) letters specifying details and the amount take to ensure that your proposed lead This factor addresses your ability to of the actual contributions, those hazard control work will occur contributions will not be counted. concurrently with other ongoing HUD obtain other community resources (financing is a community resource) that Matching contributions required of lead hazard control grant work. Your investor-owners may be included as part can be combined with HUD’s program application must provide the detail of your match. Documentation and resources to achieve program objectives. necessary to assure HUD that you will estimates for the amount of the match (1) In evaluating this factor, HUD will implement the proposed work should be provided in the annex for this consider the extent to which you have immediately and perform it factor. concurrently with existing lead hazard established working partnerships with (4) You must provide evidence of control grant work. other entities to get additional resources leveraging or partnerships by including (ix) If you are an existing grantee, you or commitments to increase the letters of firm commitment, memoranda must describe your progress in effectiveness of the proposed program of understanding, or agreements to implementing your most recent lead activities. Resources may include cash participate from those entities identified hazard control grant award. If the or in-kind contributions (such as as partners in your application. Each production achieved is below the services or equipment) allocated to the letter of commitment, memorandum of performance values (percentages of proposed program. Resources may be understanding, or agreement to units completed) provided in the provided by governmental entities, participate should include the application kit, and no changes are public or private organizations, or other organization’s name, the proposed level proposed, you should explain why the entities partnering with you. of commitment and responsibilities as strategy in the earlier grant remains Contractual relationships with they relate to your proposed program. appropriate. Failure to provide this community-based organizations are a The commitment must be signed by an discussion will result in reduced points requirement for State and local official of the organization legally able for this subfactor. government applicants. Applicants to make commitments on behalf of the (2) Economic Opportunity (4 points which do not have such partnerships at organization. Describe the role of for all applicants). Describe the ways the time of application will be required community-based organizations in you will train individuals and to establish partnership relationships specific program activities, such as contractors in housing related trades, with community-based organizations hazard evaluation and control; such as painters, remodelers, immediately following notification of monitoring; and awareness, education, renovators, maintenance personnel, and grant award (this requirement does not and outreach within the community. rehabilitation specialists, in lead-safe apply to you if you are an Indian Tribe practices. Describe how you will applicant). You also may partner with Rating Factor 5: Comprehensiveness integrate such practices into lead hazard other program funding recipients to and Coordination (10 Points) control activities. coordinate the use of resources in your This factor addresses the extent to Describe the methods to be used to target area. which your program reflects a provide economic opportunities for (2) You should detail any activities to coordinated, community-based process residents and businesses in the increase the understanding of lead of identifying needs and building a community. This discussion should poisoning prevention activities in your system to address the needs by using include information on how you will community. This could include available HUD and other community promote training, employment, business partnerships with childhood lead resources. In evaluating this factor, HUD development, and contract screening programs or collaboration will consider how you have: opportunities as part of your lead with ongoing health, housing or (1) Coordinated your proposed hazard control program. Describe how environmental research efforts which activities with those of other groups or you will accomplish the requirements of could result in a greater availability of organizations to best support and section 3 of the Housing and Urban resources. Please be aware that a coordinate all known activities and the

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00225 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9546 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices specific steps you will take to share (such as revolving loan funds) to finance repainting and remodeling; promotion information on solutions and outcomes future lead hazard control activities. of essential maintenance practices; and with others. Any written agreements or (d) Described plans to develop public- provision of lead dust testing to low- memoranda of understanding in place private lending partnerships to finance income, privately-owned homes which or proposed should be described. You lead hazard control as part of may not receive lead hazard control should, at a minimum, describe the acquisition and rehabilitation financing assistance under this grant program. activities, in your metropolitan area or including the use of Community region, of other HUD Lead-Based Paint Reinvestment Act ‘‘credits’’ by lending VI. Application Submission Hazard Control grantees, CDC institutions. Requirements Childhood Lead Poisoning Prevention (e) Evidenced firm commitments from (A) Applicant Information. (1) grantees, HUD or EPA Lead Outreach participating organizations by Application Format. The application and Education grantees, and other describing: narrative response to the Rating Factors programs which are addressing lead (i) The name of each organization; is limited to a maximum of 25 pages. poisoning prevention needs. (ii) The capabilities or focus of each Your response must be typewritten on 1 Coordination also includes cooperation organization; one (1) side only on 8 ⁄2′′ x 11′′ paper with neighboring or regional (iii) The proposed level of effort of using a 12 point (minimum) font with 3 jurisdictions to facilitate the each organization; and not less than ⁄4′′ margins on all sides. implementation of lead-based paint (iv) The resources and responsibilities Appendices should be referenced and hazard control activities in those of each organization, including the discussed in the narrative response. jurisdictions. applicant’s clearly proposed plans for Materials provided in the appendices (2) Become actively involved (or if not the training and employment of low- should directly apply to the rating factor currently active, the specific steps it income residents. narrative. will take to become active) in your (f) Described specific plans and (2) Application Checklist. Your community’s Consolidated Planning objectives to implement a registry of application must contain the items and Analysis of Impediments process lead-safe housing into your listed in this Section V(B). These items established to identify and address a community’s planning. Such plans include the standard forms, need/problem that is related in whole, could include strategies on how the certifications, and assurances listed in or part, directly, or indirectly to the information would be managed and the General Section of the SuperNOFA activities you propose. made available to the public so that that are applicable to this funding (3) Developed linkages, or the specific families (particularly low income (collectively, referred to as the steps you will take to develop linkages families with children under age six) ‘‘standard forms’’). The standard forms with other activities, programs or can make informed decisions regarding can be found in Appendix B to the projects through meetings, information their housing options. Existing grantee General Section of the SuperNOFA. The networks, planning processes or other applicants must address any registry of remaining application items that are mechanisms to coordinate your lead-safe housing and specifically forms (i.e., excluding such items as activities so solutions are discuss the availability, amount of narratives, letters), referred to as the comprehensive, including linkages information contained, and the use by ‘‘non-standard forms’’ can be found as with: members of the community. Describe Appendix A to this program section of (a) Other HUD funded projects/ your plans to develop and maintain a the SuperNOFA. The application items activities outside the scope of those registry of publicly available are as follows: covered by the Consolidated Plan; and information on lead-safe units. (a) Transmittal Letter that identifies (b) Other HUD, Federal, State or (g) Detailed the extent to which the ‘‘the applicant’’ (or applicants) locally funded activities, including policy of affirmatively furthering fair submitting the application, the dollar those proposed or on-going in the housing for all segments of the amount requested, what the program community(ies) served. population is advanced by the proposed funds are requested for, and the nature (4) Coordinated and integrated lead activities. Detail how your proposed of involvement with community-based hazard control work with housing work plan will support the community’s organizations. rehabilitation, housing and health efforts to further housing choices for all (b) The name, mailing address, codes, other related housing programs, segments of the population. If you have telephone number, and principal or including work of community an existing grant, you should discuss contact person of ‘‘the applicant.’’ development corporations and activities which have contributed to If you have consortium associates, childhood lead poisoning prevention enhanced lead safe housing sub-grantees, partners, major programs. opportunities to all segments of the subcontractors, joint venture (a) Described the degree to which lead population. participants, or others contributing hazard control work will be done in (h) Described plans to adapt or amend resources to your project, you must conjunction with other housing-related statutes, regulations, or policies which provide similar information for each of activities (i.e., rehabilitation, will more fully integrate lead hazard these partners. weatherization, correction of code control into community policies and (c) Checklist and Submission Table of violations, and other similar work), and priorities. Contents. your plan for the integration and (5) Describe how the lead hazard (d) Applicant Abstract. An abstract coordination of lead hazard control control efforts which are focused in the describing the goals and objectives of activities into those activities. Empowerment Zone/Enterprise your proposed program (2 page (b) Described plans to incorporate Community will directly benefit the maximum). lead-based paint maintenance, essential residents or community in that EC/EZ. (e) Standard Form 424, Application maintenance practices, and hazard (6) Coordinated and cooperated with for Federal Assistance. control standards with the applicable other organizations which will lead to a (f) HUD 424M, Federal Assistance housing codes and health regulations. reduction in lead risks to community Funding Matrix. (c) Described plans to generate and residents. This could include such (g) A detailed budget (total budget is use public subsidies or other resources activities as free training on lead-safe the federal share and matching

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00226 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9547 contribution) with supporting cost (i) Standard Forms SF–LLL and SF– factor for award (Rating Factors 1 justifications for all budget categories of 424B, and HUD Forms 2880, 2990, 2991, through 5). your grant request. You must provide a 2992, 2993, 2994, 50070 and 50071. separate estimate for the overall grant (j) Memoranda of Understanding or VII. Corrections to Deficient management element (Administrative Agreement, letters of commitment or Applications Costs), which is more fully defined in other documentation describing the The General Section of the proposed roles of agencies, local broad- the application kit for this program SuperNOFA provides the procedures for section of the SuperNOFA. The budget based task forces, participating corrections to deficient applications. shall include not more than 10% for community or neighborhood-based administrative costs and not less than groups or organizations, local VIII. Environmental Requirements 90% for direct project elements. A businesses, and others working with the minimum of 60% of the total Federal program. In accordance with HUD regulations amount requested must be dedicated to (k) A copy of the lead hazard control in 24 CFR part 58, recipients of lead- direct lead hazard control activities. In element included in your current based paint hazard control grants will the event of a discrepancy between program year’s Consolidated Plan. You assume Federal environmental review grant amounts requested in various should include the discussion of any responsibilities. Recipients of a grant sections of the application, the amount lead-based paint issues in your under this funded program will be given you indicate on the SF–424 will govern jurisdiction’s Analysis of Impediments, guidance in these responsibilities. as the correct value. particularly as it addresses your target (h) An itemized breakout (using the areas. IX. Authority SF–424A) of your required matching (l) Narrative responses to the five The Lead-Based Paint Hazard Control contribution, including: rating factors. Program is authorized by section 1011 —Values placed on donated in-kind (B) Proposed Activities. All applications must, at a minimum, of the Residential Lead-Based Paint services; Hazard Reduction Act of 1992 (Title X —Letters or other evidence of describe the proposed activities in the of the Housing and Community commitment from donors; and narrative responses to the rating factors. — The amounts and sources of Your narrative statement must be Development Act of 1992). contributed resources. numbered in accordance with each BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00227 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9548 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

APPENDIX A The non-standard forms, which follow, are required for your Lead-Based Paint Hazard Control Program application. They are the Checklist and Submission Table of Contents and the Total Budget (Federal Share and Matching Contribution, including instructions).

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00228 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9549

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00229 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9550 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00230 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9551

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00231 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9552 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00232 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9553

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00233 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9554 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00234 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9555

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00235 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00236 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9557

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00237 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00238 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9559

NOTICE OF FUNDING AVAILABILITY Information Center at 1–800–HUD– Paint Hazard Reduction and Financing, FOR RESEARCH TO IMPROVE THE 8929. Persons with speech or hearing which was established pursuant to EVALUATION AND CONTROL OF impairments may call the Center’s TTY section 1015 of Title X. The Task Force RESIDENTIAL LEAD-BASED PAINT number at 1–800–HUD–2209. When presented its final report to HUD and HAZARDS (LEAD HAZARD CONTROL requesting an application kit, please the Environmental Protection Agency RESEARCH) refer to the Lead Hazard Control (EPA) in July 1995. The Task Force Research grant program. Please be sure Program Overview Report, entitled ‘‘Putting the Pieces to provide your name, address Together: Controlling Lead Hazards in Purpose of the Program. To fund (including zip code), and telephone the Nation’s Housing’’ (see Appendix A research to improve methods for number (including area code). of this research program section of the detecting and controlling residential For Further Information and SuperNOFA), recommended research be lead-based paint hazards. Technical Assistance. You may contact: conducted on a number of key topics to Available Funds. Approximately $1.5 Mr. Eugene Pinzer, Office of Lead address significant gaps in our million. Hazard Control, at the address above; knowledge of lead exposure and hazard Eligible Applicants. Academic and telephone (202) 755–1785, extension control. not-for-profit institutions located in the 120 (this is not toll-free numbers). Research findings will be used in part U.S., and State and local governments. Hearing- and speech-impaired persons to update HUD’s Guidelines for the For-profit firms also are eligible; may access the above telephone number Evaluation and Control of Lead-Based however, they are not allowed to earn a via TTY by calling the toll-free Federal Paint Hazards in Housing fee. Information Relay Service at 1–800– (‘‘Guidelines’’), which were published Application Deadline. May 17, 2000. 877–8339. in June, 1995 and amended in Match. None required. Satellite Broadcast. HUD will hold an September, 1997. The Guidelines are a Additional Information information broadcast via satellite for report on state-of-the-art procedures for potential applicants to learn more about If you are interested in applying for all aspects of lead-based paint hazard the program and preparation of the evaluation and control. The Guidelines funding under this program, please application. For more information about review carefully the General Section of reflect the Title X framework for lead the date and time of the broadcast, you hazard control, which distinguishes this SuperNOFA and the following should consult the HUD web site at additional information. three types of control measures: interim http://www.hud.gov. controls, abatement of lead-based paint I. Application Due Date, Application II. Amount Allocated hazards, and complete abatement of all Kits, Further Information, and Approximately $1.5 million will be lead-based paint. Interim controls are Technical Assistance available to fund research proposals in designed to address hazards quickly, Application Due Date. Submit an FY 2000. Grants or cooperative inexpensively, and temporarily, while original and four copies of your agreements will be awarded on a abatement is intended to produce a completed application on or before competitive basis according to the permanent solution. While the 12:00 midnight, Eastern time, on May Rating Factors described in Section Guidelines recommend procedures that 17, 2000, at the address shown below. V(B). HUD anticipates awarding three to are effective in identifying and See the General Section of this five grants ranging from approximately controlling lead hazards while SuperNOFA for specific procedures that $200,000 to approximately $600,000. protecting the health of abatement you must follow for the form of workers and occupants, HUD recognizes application submission (e.g., mailed III. Program Description; Eligible that targeted research and field applications, express mail, overnight Applicants; Eligible Activities experience will result in future changes delivery, or hand carried). (A) Program Description. Background. to the Guidelines. For availability of the Address for Submitting Applications. HUD has been actively engaged in a Guidelines, see Appendix A of this For Mailed Applications. The address number of activities relating to lead- research program section of the for mailed applications is: Department based paint as a result of the Lead-Based SuperNOFA. of Housing and Urban Development, Paint Poisoning Prevention Act (B) Eligible Applicants. Academic and Office of Lead Hazard Control, 451 (LBPPPA) of 1971, as amended, 42 not-for-profit institutions located in the Seventh Street, SW, Room P3206, U.S.C. 4801–4846. Sections 1051 and U.S., and State and local governments Washington, DC 20410. 1052 of the Lead Based Paint Hazard are eligible under all existing For Overnight/Express Mail or Hand Reduction Act of 1992 (‘‘Title X’’) (42 authorizations. For-profit firms also are Carried Applications. The address for U.S.C. 4854 and 4854a) state that the eligible; however, they are not allowed applications that are hand carried or Secretary of HUD, in cooperation with to earn a fee (i.e., no profit can be made sent via overnight/express mail delivery other Federal agencies, shall conduct from the project). Federal agencies and is: HUD Office of Lead Hazard Control, research on specific topics related to the Federal employees are not eligible to Suite 3206, 490 East L’Enfant Plaza, SW, evaluation and subsequent mitigation of submit applications. The General Washington, DC 20024. Hand carried residential lead hazards. This research Section of the SuperNOFA provides applications will be accepted at this program also implements, in part, additional eligibility requirements. address (490 East L’Enfant) up until 5:00 HUD’s Departmental Strategy for (C) Eligible Activities. (1) General pm on the application due date. Achieving Environmental Justice Goals and Objectives. The overall goal After 5:00 pm on the application due pursuant to Executive Order 12898 of this research is to gain knowledge to date, hand carried applications will be (Federal Actions to Address improve the efficacy and cost- accepted until 12:00 midnight, in the Environmental Justice in Minority effectiveness of methods for lead-based South Lobby of HUD Headquarters, 451 Populations and Low-Income paint hazard evaluation and control. A Seventh Street, SW, Washington, DC Populations). table of current lead-related research 20410. The HUD-sponsored research also projects being funded by HUD can be For Application Kits. You may obtain responds to recommendations that were found in Appendix B. HUD is interested an application kit from the SuperNOFA made by the Task Force on Lead-Based in the following research topics:

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00239 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9560 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(a) Evaluation of Lead Hazard Control to the more laborious thermal ionization meet the performance criteria cited Methodologies; method (Gwiazda, et al., 1998; Woolard, below. Rapid means that results could —Contribution of Exterior Lead Sources et al., 1998). be available in 15 minutes to a few to Lead in Interior Dust; The extent to which lead in exterior hours, or that a number of samples dust and soil can contribute to the lead (b) Low-Cost Analytical Techniques could be processed simultaneously so content of interior dust has not been for the Rapid, On-Site Determination of that results are available in a few hours. quantified. There may be a seasonal Lead in Dust; Optionally, address how the same fluctuation in dust-lead loading on (c) New or Novel Methods of LBP device (with adapters, if needed) could interior surfaces, especially floors Hazard Evaluation or Control, or other be used to determine lead in paint (with (USEPA 1995; National Center for Lead 2 areas of research that are consistent with respect to 1 mg/cm or 0.5% by weight), Safe Housing, 1997). In temperate the overall goals of this research lead dust in air (with respect to 30–50 climates, seasonal variations in interior µ 3 program section of the SuperNOFA. g/m ), after collection on a membrane dust-lead levels may be related to Research objectives for the research filter, and/or the lead content of soil greater opportunity for exterior leaded topics listed above are provided (with respect to 200–2000 ppm). dust to be blown or tracked into homes separately in the expanded discussion Performance criteria for the device will in warmer seasons (e.g., open windows, ± of these topic areas that follows in include 20% precision at 95% more frequent in-and-out foot traffic). Section III(C)(2). Although HUD is confidence for measurements from 0.5 The magnitude of the contribution of soliciting proposals for research on to 2.0 times the levels of interest cited exterior lead sources to lead in interior above. Establish and validate any these specific topics, the Department dust may be related to: exterior lead- necessary procedures, such as extraction will also consider funding applications based paint, climate, soil type, soil-lead and/or digestion, that would work well for research on topics which are concentration, extent of ground cover, with the field device/procedure. relevant under the overall goals and housing characteristics, and the Examine old technology (e.g., objectives of this research, as described behavior of occupants. colorimetric tests, titrimetric above. In such instances, the applicant Applicants proposing research in this procedures) as well as newer should describe how the proposed topic area should consider the techniques. research activity addresses these overall efficiencies that might be gained by Consider the safety and goals and objectives. working cooperatively with some of the environmental impacts of the (2) Background and Objectives for recipients of HUD lead hazard control procedure, particularly as used in the Specific Research Topic Areas. grants, who are widely distributed field. Comparatively recent (a) Evaluation of Lead Hazard Control throughout the U.S. developments have introduced for Methodologies. (ii) Goals and Objectives. HUD’s consideration the use of a field-portable (i) Contributions of Exterior Lead specific goals and objectives for this anodic stripping voltammetry (ASV) Sources to Lead in Interior Dust. There area of research include: device for the determination of lead in is general consensus that lead in interior • Estimate the relative contribution of paint, lead dust on wipes, or lead in air house dust is the primary pathway of exterior lead sources to lead dust on (after collection on a membrane filter). lead exposure for young children. In interior surfaces, identifying any Similarly, portable field x-ray order to reduce the amount of lead in seasonal changes in this pattern. fluorescence spectrometers (XRF) have interior dust, all significant lead sources • Identify geographic differences in been used to determine lead dust on must be identified and remediated. the contribution of exterior lead sources dust wipes or the lead content of soil Various methods have been used to to interior dust-lead and any seasonal using a special holder. Neither of these identify the major sources and pathways changes in this contribution. techniques has yet been widely of lead in house dust, including • Evaluate methods to reduce the accepted or used in the field by epidemiological studies and direct migration of lead from exterior sources practicing risk assessors. Of course, XRF tracing of lead from potential sources into the home. is the most common method for based on unique physical/chemical • Identify factors that are predictive inspectors to determine the presence of characteristics of the lead from each of the lead content of exterior dust and lead-based paint (LBP). There remains a source. Most of the epidemiological soil and the fraction of exterior-derived need to introduce and develop a studies that have examined this lead in interior dust. relatively low-cost, precise, accurate, question have concluded that lead- (b) Low-Cost Analytical Techniques and rapid technique to determine the based paint appeared to be the major for the Rapid Field Determination of level of lead dust on a dust wipe, contributor of lead in interior dust (e.g., Lead in Dust. Develop an inexpensive particularly as a clearance Bornschein et al., 1990; Stark et al., and easy to use technique to determine determination where otherwise a 1982; Schwartz and Levin, 1991; Greene the lead level in house dust, with contractor and crew may have to wait a et al. 1992). Lead tracer studies have particular applicability to the range of day or more for a clearance most commonly measured particle risk assessment and clearance (40–800 determination to be reported by a 2 morphology, accompanying elements, or µg/ft ) for HUD-associated projects. laboratory. Such a method for lead isotopic composition. These Inexpensive means under approximately determining lead content on a dust wipe studies have been limited; several have $1000–1500, with each analysis, could also serve as a good ‘‘screening’’ identified lead-based paint as the including pro rata costs of consumables, tool after LBP abatement or other lead primary contributor to lead particulate blanks, standards, etc., under $10–20. hazard control activities to determine if (Hunt et al., 1992; Yaffe, et al., 1983). Consideration will also be given if it can sufficient cleaning has been performed The feasibility of using tracer methods be shown that amortized cost of the prior to proceeding to full clearance has improved as more cost-effective equipment is low or that average cost determinations using dust wipes and technologies have been developed. For per analysis is low assuming a few laboratory analyses. example, lead isotope ratios can now be hundred analyses per year. Easy to use We invite the consideration and measured with acceptable accuracy and means requiring one person with a high evaluation of all other techniques, precision by inductively coupled school degree to operate, and requiring including classical analytical plasma mass spectrometry, as opposed under 8 hours operator’s training to techniques, that may become a low-cost,

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00240 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9561 accurate, precise and rapid method for surface to be treated, and applying a total number of points allocated for each the determination of lead in the field. new protective coating or paint. of the rating factors described below in The new or novel application may • Reduction of bio-availability of lead Section V(B) of this program section of equally apply to the determination of in dust; the SuperNOFA. Your application must lead in paint, lead in air, or lead in soil, • An approach to reduce the receive a total score of at least 65 points but these additional uses are not as formation of leaded dust from friction to remain in consideration for funding. important. Please refer to some of the surfaces; Awards will be made in rank order, references in Appendix A for discussion • Any other technique that may be within the limits of funding availability. of ASV, colorimetric tests, and used to reduce LBP hazards. You may address more than one of the reflectometer tests. Additional ideas will be considered research topic areas within your (c) New or Novel Methods of LBP with an open mind toward novel proposal, or submit separate Hazard Evaluation or Control, or Other techniques and applications. applications for different topic areas. Areas of Research that are Consistent Although HUD is soliciting proposals Projects need not address all of the with the Overall Goals of this Research for research on some specific topics, the objectives within a given topic area. Program Section of the SuperNOFA. Department will also consider funding While you will not be penalized for not You may address one or more of the applications for research on topics addressing all of the specific objectives research topic areas within your which are relevant under the overall for a given topic area, if two proposal, or submit separate goals and objectives of this research applications for research in a given applications for different topic areas. NOFA, as described above. In such topic have equal scores, HUD will select Projects need not address all of the instances, the applicant should describe the applicant whose project addresses objectives within a given topic area. how the proposed research activity the most objectives. (i) Identify and evaluate new methods addresses these overall goals and You are encouraged to plan projects and/or techniques for LBP hazard objectives. that can be completed over a short time control. Identify materials and/or IV. Program Requirements. period (e.g., 12 to 24 months from the procedures that may be used for date of award) so useful information (A) Applicable Requirements. Please abatement or for interim controls. Show generated from the research can be refer to Section II of the General Section the potential utility of these methods for available for policy or program of the SuperNOFA, Requirements and lead hazard control and risk reduction. decisions and disseminated to the Procedures Applicable to All Programs. Evaluate critical elements and potential public as quickly as possible. The threshold requirements are listed in weaknesses of the methods or Regarding the amount to be awarded Section II.B of the General Section of techniques, and address how to to the selected applicants, please refer to this SuperNOFA. minimize the effect of each critical (B) Certifications and Assurances. In the Negotiations section in the General element and/or eliminate or mitigate addition to the certifications mentioned Section of this SuperNOFA. each weakness. Demonstrate where and in the Section II(G) of the General (1) Use of Residual Funds. In the how these methods have been applied Section of the SuperNOFA, you must selection process, HUD reserves the and tested, and/or perform comply with the following: right to offer partial funding to any or demonstration activities. Illustrate the (1) All relevant State and Federal all applicants. If you are offered a results obtained, and the costs involved. regulations regarding exposure to and reduced grant amount, you will have a Recommend cost-effective changes to proper disposal of hazardous materials. maximum of seven (7) calendar days to the Program for inclusion in future HUD (2) Any blood lead testing, blood lead accept such a reduced award. If you fail lead hazard control grants, and for level test results, and medical referral to respond within the seven day limit, possible inclusion in future revisions to and follow-up for children under six you shall be considered to have the Guidelines. years of age will be conducted according declined the award. (ii) Evaluate the different programs to the recommendations of the Centers (2) Set-Aside for Previously Unfunded used by the communities receiving HUD for Disease Control and Prevention Applicants. Existing HUD lead hazard lead hazard control grants and (CDC) (Preventing Lead Poisoning in research grantees, previously funded determine which activities produce the Young Children, See Appendix A of this grantees, or previously unfunded greatest number of low-income child- research program section of the applicants are eligible to apply for years in treated units. SuperNOFA); grants. At least 20% of the funds under HUD believes there is a need to (3) HUD research grant funds will not this research program section of the expand the possible alternatives to replace existing resources dedicated to SuperNOFA will be made available to consider when evaluating or addressing any ongoing project; and applicants who are not current (or the reduction of LBP hazards. Novel (4) Laboratory analysis covered by the previous) Lead Hazard Control Research techniques and new ideas are hereby National Lead Laboratory Accreditation grantees, provided that no application solicited to be used in a nationwide Program (NLLAP) is conducted by a shall be funded that receives lower than program to reduce childhood lead laboratory recognized under the the minimum score listed in Section poisoning through the reduction and program. V(A) of this program section above. control of LBP hazards. Such techniques (5) Human research subjects will be Applications from existing (or previous) may include one or more of the protected from research risks in grantees will be evaluated and scored as following: conformance with Federal Policy for the a separate group and will not be in • Novel techniques or materials for Protection of Human Subjects, codified direct competition with applications paint film stabilization; as defined in by HUD at 24 CFR part 60. from previously unfunded applicants. the HUD regulation published Sept. 15, (B) Rating Factors. The factors for 1999, paint stabilization means V. Application Selection Process rating and ranking applicants, and repairing any physical defect in the (A) Submitting Applications for maximum points for each factor, are substrate of a painted surface that is Grants. Applications that meet all of the provided below. The maximum number causing paint deterioration, removing threshold requirements will be eligible of points to be awarded is 100. The EZ/ loose paint and other material from the to be scored and ranked, based on the EC bonus points described in the

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00241 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9562 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

General Section of the SuperNOFA do (2) If you are seeking funding for Rating Factor 4: Leveraging Resources not apply to this Research NOFA. ‘‘other’’ research, as is described in (10 Points) section III(C)(2)(c), you must provide an Rating Factor 1: Capacity of the Your proposal should demonstrate Applicant and Relevant Organizational explanation which demonstrates the that the effectiveness of the HUD Experience (20 Points) importance and need for the research research grant funds are being increased with respect to addressing the overall by securing other public and/or private This factor addresses the extent to goal of this research program. resources or by structuring the research which you have the ability and in a cost-effective manner, such as organizational resources necessary to Rating Factor 3: Soundness of Approach (45 Points) integrating the project into an existing successfully implement your proposed research effort. Resources may include activities in a timely manner. The rating This factor addresses the quality of funding or in-kind contributions (such of you, the ‘‘applicant,’’ will include your proposed research plan. Specific as services, facilities or equipment) any sub-grantees, consultants, sub- components include the following: allocated to the purpose(s) of your recipients, and members of consortia research. Staff and in-kind contributions that are firmly committed to the project Soundness of the study design (25 points). The project description/study should be given a monetary value. (generally, ‘‘subordinate You should provide evidence of organizations’’). In rating this factor design must be thorough and feasible, and reflect your knowledge of the leveraging/partnerships by attaching to HUD will consider the extent to which your application the following: letters of your application demonstrates: relevant scientific literature. You should include a plan for analyzing and firm commitment, memoranda of (1) The capability and qualifications understanding, or agreements to of the principal investigator and key archiving data. You should approach your study design as a project with a participate from those entities identified personnel (10 points). Qualifications to as partners in the research efforts. Each carry out the proposed study as goal, some activities with associated tasks, a time frame, and an associated letter of commitment, memorandum of evidenced by academic background, understanding, or agreement to cost. relevant publications, and recent participate should include the (within the past 10 years) relevant Quality assurance mechanisms (8 organization’s name, proposed level of research experience. Publications and points). You must describe the quality commitment (with monetary value) and research experience are considered assurance mechanisms which will be responsibilities as they relate to specific relevant if they required the acquisition integrated into your research design to activities or tasks of your proposed and use of knowledge and skills that can ensure the validity and quality of the program. The commitment must also be be applied in the planning and results. Areas to be addressed include signed by an official of the organization execution of the research that is acceptance criteria for data quality, legally able to make commitments on proposed under this program section of procedures for selection of samples/ behalf of the organization. this SuperNOFA. sample sites, sample handling, (2) Past performance of the research measurement and analysis, and any Rating Factor 5: Comprehensiveness team in managing similar research (10 standard/nonstandard quality and Coordination (10 Points) points). Demonstrated ability to assurance/control procedures to be You should describe how the results successfully manage various aspects of followed. Documents (e.g., government of your proposed research efforts will a complex research study in such areas reports, peer-reviewed academic support planning, policy development, as logistics, research personnel literature) which provide the basis for implementation of lead hazard control management, data management, quality your quality assurance mechanisms programs, and/or public education in control, community research should be cited. the area of residential lead hazard involvement (if applicable), and report (2) Project management plan (10 control or in accordance with the goals writing, as well as overall success in points). The proposal should include a and operations of the Partnership for project completion (i.e., research management plan that provides a Advancing Technology in Housing completed on time and within budget). schedule for the completion of major (PATH) (refer to Section VI(E) of the You should also demonstrate that your activities, tasks and deliverables, with General Section of the SuperNOFA). If project would have adequate an indication that there will be adequate your application involves a particular administrative support, including resources (e.g., personnel, financial) to community, it should relate to the clerical and specialized support in areas successfully meet the proposed community’s Consolidated Plan and such as accounting and equipment schedule. Projects with a duration of 24 Analysis Impediments to Fair Housing maintenance. months or less will be awarded more Choice. In addition, you should also address the extent to which your Rating Factor 2: Need/Extent of the points in this category than projects research could be used to expand fair Problem (15 Points) with a longer duration. housing choice and to affirmatively (1) You must demonstrate (3) Budget Proposal (2 Points). Your further fair housing. responsiveness to solicitation objectives. budget proposal should thoroughly You should explain in detail how your estimate all applicable direct and VI. Application Submission research would make a significant indirect costs, and be presented in a Requirements contribution towards achieving some or clear and coherent format in accordance (A) Applicant Data. Your application all of HUD’s stated goals and objectives with the requirements listed in the must contain the items listed in this for one or more of the topic areas General Section of this SuperNOFA. Section V(B). These items include the described in Sections III(C)(2)(a)–(c) of Your budget should be submitted in the standard forms, certifications, and this program section of the SuperNOFA. format recommended; an electronic assurances listed in the General Section You also should explain how your spreadsheet is available on HUD’s of the SuperNOFA that are applicable to proposed research could lead to website, www.hud.gov/lea. Your budget this funding (collectively, referred to as improvements or additions to the HUD proposal should be activity and task the ‘‘standard forms’’). The standard Guidelines. related. forms can be found in Appendix B to

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00242 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9563 the General Section of the SuperNOFA. each, and are limited to information that (Toxic Substances Control Act Hotline) (not The remaining application items that is relevant in assessing the a toll-free number). Can be downloaded from are forms (i.e., excluding such items as qualifications of key personnel to the Internet without a charge from narratives), referred to as the non- conduct and/or manage the proposed www.epa.gov/opptintr/lead/index.html. 4. Requirements for Notification, standard forms can be found as research. Evaluation and Reduction of Lead-Based Appendix C to this program section of (11) Copy of State Clearing House Paint Hazards in Federally Owned the SuperNOFA: The items are as Approval Notification (see application Residential Property and Housing Receiving follows: kit to determine if applicable). Federal Assistance; Final Rule: 24 CFR part (1) Transmittal Letter that identifies VII. Corrections to Deficient 35, subparts A through R, published what the research program funds are September 15, 1999, at Federal Register Applications requested for, the dollar amount pages 50201 through 50231(HUD)— requested, and the applicant or The General Section of the Telephone: 1–800–424–LEAD (National Lead applicants submitting the application. If SuperNOFA provides the procedures for Information Center). Can be downloaded two or more organizations are working corrections to deficient applications. from the Internet without a charge from www.hud.gov/lea/leadwnlo.html or together on the research, a primary VIII. Environmental Requirements www.epa.gov/lead/leadbase.htm. applicant must be designated. 5. U.S. Environmental Protection Agency. (2) Checklist and Submission Table of In accordance with 24 CFR 50.19(b)(1) and (5) of the HUD regulations, Lead; Identification of Dangerous Levels of Contents (see Appendix C). Lead; Proposed Rule. Federal Register: 63 FR (3) The name, mailing address, activities assisted under this program 30302–30355, June 3, 1998. TSCA Hotline: telephone number, and principal are categorically excluded from the 202–554–1404 (not a toll-free number). Can contact person of the prime applicant. If requirements of the National be downloaded from the Internet without a you have consortium associates, sub- Environmental Policy Act of 1969 (42 charge from www.epa.gov/lead/leadhaz.htm. U.S.C. 4321) and are not subject to grantees, partners, major subcontractors, Guidelines joint venture participants, or others environmental review under the related laws and authorities. 1. Guidelines for the Evaluation and contributing resources to your project, Control of Lead-Based Paint Hazards in similar information must be provided IX. Authority Housing; HUD, June 1995, and amended for each of these entities. These grants are authorized under September, 1997. (available for a charge)— (4) Completed Forms HUD–2880, Telephone: 800–245–2691. Can be Applicant/Recipient Disclosure/Update sections 1051 and 1052 of the downloaded from the Internet without a Report; Certification Regarding Residential Lead-Based Paint Hazard charge from www.hud.gov/lea/ Lobbying; and/or SF–LLL, Disclosure of Reduction Act of 1992, which is Title X leadwnlo.html. Lobbying Activities, where applicable. of the Housing and Community 2. Preventing Lead Poisoning in Young (5) Completed Standard Forms SF– Development Act of 1992. Children; Centers for Disease Control, 424, 424A, 424B, and other October 1991: Telephone: 888–232–6789. Appendix A—Relevant Publications and 3. Screening Young Children for Lead certifications and assurances listed in Guidelines Poisoning: Guidance for State and Local the General Section of the SuperNOFA To secure any of the documents listed, call Public Health Officials, November 1997; and in Section VII(B) of this program the listed telephone number (generally, the Centers for Disease Control and Prevention section of the SuperNOFA. telephone numbers are not toll-free). (CDC): Telephone: 888–232–6789. Can be (6) A detailed total budget with downloaded from the Internet without a Regulations supporting cost justification for all charge from www.hud.gov/lea/ budget categories of the Federal grant 1. Worker Protection: OSHA publication— leadwnlo.html. request.Use the budget format discussed Telephone: 202–693–1888 (OSHA Regulations) (available for a charge)— Reports and Articles in Section V(B)3(3), above. (See Government Printing Office—Telephone: 1. Putting the Pieces Together: Controlling Appendix C.) 202–512–1800 (not a toll-free number): Lead Hazards in the Nation’s Housing, (7) A two-page (maximum) abstract —General Industry Lead Standard, 29 CFR (Summary and Full Report); HUD, July 1995 containing the following information: 1910.1025 (Document Number (available for a charge)—Telephone 800–245– The project title, the names and 869022001124). Can be downloaded from 2691. Can be downloaded from the Internet affiliations of all investigators, and a the Internet without charge from without a charge from www.hud.gov/lea/ summary of the objectives, expected www.osha-slc.gov/OshStdldata/ leadwnlo.html. results, and study design described in 1910l1025.html. 2. Comprehensive and Workable Plan for the proposal. —Lead Exposure in Construction, 29 CFR the Abatement of Lead-Based Paint in (8) A project description/narrative 1926.62, and appendices A, B, C, and D Privately Owned Housing: Report to statement addressing the rating factors (Document Number 869022001141). Can be Congress; HUD, December 7, 1990 (available downloaded from the Internet without for award of funding under this program for a charge)—Telephone 800–245–2691. charge from www.osha-slc.gov/ 3. A Field Test of Lead-Based Paint Testing section of the SuperNOFA. The OshStdldata/1926l0062.html. Technologies: Summary Report (Summary narrative statement must be numbered 2. Waste Disposal: 40 CFR parts 260–268 also available); U.S. Environmental in accordance with each factor for (EPA regulations) (available for a charge)— Protection Agency, May 1995. EPA 747–R– award (Rating Factors 1 through 5). The Telephone 1–800–424–9346, or, from the 95–002a (available at no charge)—Telephone response to the rating factors should not Washington, DC, metropolitan area, 1–703– 800–424–5323. Can be downloaded from the exceed a total of 25 pages for each 412–9810 (not a toll-free number). Can be Internet without a charge from www.epa.gov/ research topic area. downloaded from the Internet without charge lead/summary.txt. (9) Any important attachments, from www.epa.gov/docs/epacfr40/chapt- 4. Urban Soil Lead Abatement appendices, references, or other relevant I.info/subch-I/. Demonstration Project. EPA Integrated Report, U.S. Environmental Protection information may accompany the project 3. Lead; Requirements for Lead-Based Paint Activities in Target Housing and Child- Agency, April, 1996. EPA/600/P–93–001aF description, but must not exceed twenty Occupied Facilities; Final Rule: 40 CFR part (available from National Technical (20) pages for the entire application. 745, subparts L and Q (EPA) (State Information Service (NTIS) for a charge)— (10) The resumes of the principal Certification and Accreditation Program for Telephone 800–553–6847. An abstract and investigator and other key personnel. those engaged in lead-based paint additional ordering information can be Resumes shall not exceed three pages activities)—Telephone: 1–202–554–1404 downloaded from the Internet without a

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00243 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9564 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices charge from www.epa.gov/nceawww1/ 10. Ashley, K., ‘‘Ultrasonic Extraction and children using the stable isotope ratio lead.htm. Field-Portable Anodic Stripping technique. Arch. Env. Health. 38(4): 237–245. 5. Luk, K.K., Grohse, P.M., Hodson, L.L., Voltammetry of Lead from Environmental 19. Gwiazda, R., Woolard, D., and Smith, Binstock, D.A., Van Hise, C.C., and Samples,’’ Electroanalysis, 7, No. 12, 1995, p D. Improved lead isotope ratio measurements Gutknecht, W.F., ‘‘Standard Operating 1189. in environmental and biological samples Procedures for the Field Analysis of Lead in 11. Bornschein, R., Clark, S., Pan, W., and with a double focussing magnetic sector Paint, Bulk Dust, and Soil by Ultrasonic, Succop, P. (1990) Midvale Community Lead inductively coupled plasma mass Acid Digestion and Colorimetric Study. University of Cincinnati Medical spectrometer (ICP–MS), J. Anal. At. Spect., Measurement,’’ EPA 600/R–93/200, U.S. Center Final Report. 13:1233–1238, 1998. Environmental Protection Agency, Research 12. Greene, T., Ernhart, C., and Boyd, T. 20. Woolard D., Franks R., Smith D. An Triangle Park, NC, 1993. Available from the (1992) ‘‘Contributions of Risk Factors to inductively coupled plasma-magnetic sector NTIS (NTIS #PB94–121738). Elevated Blood and Dentine Lead in mass spectrometry method for stable lead 6. Williams, E.E., Van Hise, C.C., and Preschool Children.’’ Science of the Total isotope traces studies. J. Anal. At. Spectrom Gutknecht, W.F., ‘‘Evaluation of the Environment. 115(3):249–260. 13:1015–1019 (1998). Performance of Reflectance and 13. Hunt, A., Johnson D.L., Watt, J.M., and 21. K. Ashley, K.J. Mapp and M. Millson, Electrochemical Technologies for the Thornton, I. (1992) Characterizing the ‘‘Ultrasonic Extraction and Field-Portable Measurement of Lead in Characterized Sources of Particulate Lead in House Dust by Anodic Stripping Voltammetry for the Paints, Bulk Dusts, and Soils,’’ EPA 600/R– Automated Scanning Electron Microscopy. Determination of Lead in Workplace Air 95/093, U.S. Environmental Protection Environmental Science and Technology. Samples’’; Am. Ind. Hyg. Assoc. J. 59: 671– Agency, Research Triangle Park, NC, 1996. 26(8):1513–1522. 679 (1998). Available from the NTIS (NTIS #PB97– 14. National Center for Lead-Safe Housing 22. K. Ashley, R. Song, C.A. Esche, P.C. 126437). and University of Cincinnati Department of Schlecht, P.A. Baron, and T.J. Wise, 7. Grohse, P.M., Van Hise, C.C., Wilson, Environmental Health. (1997) Evaluation of ‘‘Ultrasonic Extraction and Portable Anodic B.M., Luk, K.K., Binstock, D.A., and the HUD Lead-Based Paint Hazard Control Stripping Voltammetric Measurement of Gutknecht, W.F., ‘‘Standard Operating Grant Program: Fifth Interim Report. Lead in Paint, Dust Wipes, Soil, and Air: An Procedure for the Field Analysis of Lead in Washington, DC: U.S. Department of Housing Interlaboratory Evaluation’’; J. Environ. Dust Collected by Vacuum and on Wipes by and Urban Development. Monit., in press (1999). Ultrasonic, Acid Digestion, and Colorimetric 15. Schwartz, J., and Levin, R. (1991) ‘‘The 23. K. Ashley, ‘‘On-Site Extraction and Measurement,’’ EPA 600/R–95/151, U.S. Risk of Lead Toxicity in Homes with Lead Anodic Stripping Voltammetric Environmental Protection Agency, Research Paint Hazards.’’ Environmental Research. Determination of Lead’’; Appl. Occup. Triangle Park, NC, 1998. Available from the 54(1):1–7. Environ. Hyg. 13: 94–98 (1998). ASTM PS 87, NTIS (NTIS #PB98–140734). 16. Stark, A., Quah, R., Meigs, J., and ‘‘Provisional Standard Practice for Ultrasonic 8. Roberts, J.W., Crutcher, E.R., 3rd, Delouise, E. (1982) ‘‘The Relationship of Extraction of Paint, Dust, Soil, and Air Crutcher, E.R. 4th, Glass, G., and Spittler, Environmental Lead to Blood-Lead Levels in Samples for Subsequent Determination of T.M., ‘‘Quantitative Analysis of Road and Children.’’ Environmental Research. 27:372– Lead’’; in Annual Book of ASTM Standards, Carpet Dust on Shoes,’’ in Measurement of 383. Vol. 04.11. ASTM: West Conshohocken, PA Toxic and Related Pollutants, Air & Waste 17. U.S. EPA. (1995) Seasonal Rhythms of (1998). Management Association, Pittsburgh, PA, Blood-Lead Levels: Boston, 1979–1983. 24. ASTM PS 88, ‘‘Provisional Standard (1996). pp. 829–835. EPA747–R94–003. Washington, DC: U.S. Practice for Determination of Lead in Paint, 9. Roberts, J.W., Clifford, W.S., Glass, G., Environmental Protection Agency. Settled Dust, Soil, and Air Particulate by and Hummer, P.G., ‘‘Reducing Dust, Lead, 18. Yaffee, Y., C.P. Flessel, J.J. Wesolowski, Field-Portable Electroanalysis’’; in Annual Dust Mites, Bacteria, and Fungi in Carpets by A. Del Rosario, G.N. Guirguis, V. Matias, T.E. Book of ASTM Standards, Vol. 04.11. ASTM: Vacuuming’’, Arch Environ. Contam. Degarmo and G.C. Coleman. 1983. West Conshohocken, PA (1998). Toxicol., 36, 477–484 (1999). Identification of lead sources in California BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00244 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9565

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00245 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9566 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00246 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9567

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00247 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9568 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00248 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9569

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00249 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9570 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00250 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9571

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00251 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9572 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00252 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9573

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00253 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9574 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00254 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9575

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00255 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9576 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00256 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9577

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00257 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00258 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9579

FUNDING AVAILABILITY FOR THE accepted until 12:00 midnight, in the The Healthy Homes Initiative builds HEALTHY HOMES INITIATIVE South Lobby of HUD Headquarters, 451 upon HUD’s existing housing-related PROGRAM OVERVIEW (HHI) Seventh Street, SW, Washington, DC health and safety issues, including lead Purpose of the Program. The purpose 20410. hazard control, building structural of the Healthy Homes Initiative is to For Application Kits. You may obtain safety, electrical safety, and fire develop, demonstrate and promote cost an application kit from the SuperNOFA protection to address multiple effective, preventive measures to correct Information Center at 1–800–HUD– childhood diseases and injuries related multiple safety and health hazards in 8929, or the TTY number at 1–800– to housing in a more coordinated the home environment which produce HUD–2209. When requesting an fashion. A coordinated effort is feasible serious diseases and injuries in application kit, please refer to HHI. because a limited number of building children. HUD is interested in reducing Please be sure to provide your name, deficiencies contribute to many hazards. health threats to the maximum number address (including zip code), and Substantial savings are possible using of residents, including children, in a telephone number (including area code). this approach, because separate visits to cost efficient manner. Alternatively, you may obtain an a home by an inspector, public health Available Funds. Approximately $6.5 application kit by downloading it from nurse, or outreach worker can add million. the internet at http://www.hud.gov. significant cost to efforts to eliminate Eligible Applicants. Research For Further Information and hazards. institutions, not-for-profit institutions, Technical Assistance. You may contact In addition to deficiencies in basic and for-profit firms located in the U.S., Ms. Ellen Taylor, Planning and housing facilities that may impact State and local governments, and Standards Division, Office of Lead health, changes in the U.S. housing Federally-recognized Indian Tribes. For- Hazard Control, at the address above; stock and more sophisticated profit firms are not allowed to include telephone (202) 755–1785, extension epidemiological methods and a fee in the cost proposal (i.e., no profit 116, or Ms. Karen Williams, Grants biomedical research have led to the can be made from the project). Federal Officer, extension 118 (these are not identification of new and often more agencies and federal employees are not toll-free numbers). Hearing- and speech- subtle health hazards in the residential eligible to apply for this program. impaired persons may access the above environment ( e.g., indoor air quality Application Deadline. May 17, 2000. telephone numbers via TTY by calling hazards). While such hazards will tend Match. None. the toll-free Federal Information Relay to be found disproportionately in Service at 1–800–877–8339. Additional Information housing that is substandard (e.g. Satellite Broadcast. HUD will hold an structural problems, lack of adequate If you are interested in applying for information broadcast via satellite for heat, etc.), such housing-related funding under this initiative, please potential applicants to learn more about environmental hazards may also exist in review carefully the General Section of the program and preparation of the housing that is otherwise of good this SuperNOFA and the following application. For more information about quality. Appendix A to the HHI program additional information. the date and time of the broadcast, you section of the SuperNOFA briefly should consult the HUD web site at describes the housing-associated health I. Application Due Date, Application http://www.hud.gov. Kits, Further Information, and and injury hazards HUD considers key Technical Assistance II. Amount Allocated targets for intervention. Appendix B to the HHI program section of the Application Due Date. Your Approximately $6.5 million will be SuperNOFA lists the references that completed application (an original and available in FY 2000. Grants will be serve as the basis for the information four copies) is due on or before 12:00 awarded on a competitive basis provided in this Healthy Homes midnight, Eastern time, on May 17, following evaluation of all proposals Initiative section of this SuperNOFA. 2000, at the address shown below. according to the Rating Factors See the General Section of the described in section V(B). HUD HUD is interested in promoting SuperNOFA for specific procedures anticipates that approximately 4 to 8 approaches that are cost-effective and concerning the form of application grants will be awarded, ranging from efficient and that result in the reduction submission (e.g., mailed applications, approximately $250,000 to of health threats for the maximum express mail, overnight deliver, or hand approximately $2,500,000. number of residents for the long run, and in particular low-income children. carried). III. Program Description; Eligible Address for Submitting Applications. The overall goals and objectives of the Applicants; Eligible Activities For Mailed Applications. The address HHI are: for mailed applications is: Department (A) Program Description. (1) (1) Mobilize public and private of Housing and Urban Development, Background. In the FY 2000 Budget, resources, involving cooperation among Office of Lead Hazard Control, 451 HUD received a second year of funding all levels of government, the private Seventh Street, SW, Room P3206, to continue the Healthy Homes sector, and community-based Washington, DC 20410. Initiative (sometimes referred to as the organizations to develop the most For Overnight/Express Mail or Hand ‘‘Initiative’’ or ‘‘HHI’’) that protects promising, cost-effective methods for Carried Applications. The address for children from housing conditions identifying and controlling housing- applications that are hand carried or responsible for multiple diseases and based hazards. sent via overnight/express mail delivery injuries. The Initiative departs from the (2) Build local capacity to operate is: HUD Office of Lead Hazard Control, more traditional approach of attempting sustainable programs that will continue Suite 3206, 490 East L’Enfant Plaza, SW, to correct one hazard at a time (e.g., to prevent and, where they occur, Washington, DC 20024. Hand carried asbestos, radon). In April 1999, HUD minimize and control housing-based applications will be accepted at this submitted to Congress a preliminary hazards in low and very low income address (490 East L’Enfant) up until 5:00 plan containing a full description of the residences when HUD funding is pm on the application due date. Initiative. This description (Summary exhausted. After 5:00 pm on the application due and Full Report) is available on the (3) Affirmatively further fair housing date, hand carried applications will be HUD website at www.HUD.gov/lea. and environmental justice.

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00259 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9580 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(B) Healthy Homes Activities. condition factors (e.g., cost) make your project, and there are no Through the Healthy Homes Initiative, interventions infeasible or impractical. alternative sources to cover these costs. HUD will establish a baseline (2) Outreach Projects. These projects (c) Conducting housing interventions assessment of available risk reduction must address: to remediate existing housing-based techniques and research on the control (a) Development and delivery of hazards and address conditions that of key hazards described in Appendix public outreach to prevent and eradicate could result in their recurrence. Any A, and initiate projects to promote both emerging and well-recognized lead hazard evaluation and control work implementation of techniques housing-related childhood diseases and shall be conducted by certified demonstrated to be successful. HUD has injuries, and promote the use of performers in accordance with the HUD decided to initiate the HHI projects identified solutions. Guidelines for the Evaluation and through this competition. There are (b) Increased identification and Control of Lead-Based Paint Hazards in three categories of grants being awarded. control of housing based hazards Housing (‘‘Guidelines’’) and applicable These are: through education and outreach to regulations. You may obtain the • Demonstration projects specific high-risk communities and Guidelines and applicable regulations implementing housing assessment, other identified audiences such as by downloading them from the internet maintenance, renovation and health care deliverers, pregnant women, at http://www.hud.gov/lea. All pest construction techniques to identify and children, residential construction control activities should incorporate the correct housing-related illness and contractors, maintenance personnel, principles and methods of integrated injury risk factors, housing inspectors, real estate pest management (IPM). • Outreach projects disseminating professionals, home buyers and (d) Carrying out temporary relocation healthy homes information and homeowners. of families and individuals during the replicating successful interventions, and (c) Implementation of media strategies period in which intervention is • Research projects developing new to use print, radio and television to conducted and until the time the methods of evaluation and control of increase public awareness of housing affected unit receives clearance for housing-based hazards. related hazards that threaten children. reoccupancy. Residents relocated must HUD will evaluate proposals based on (d) Dissemination of materials that be guaranteed the choice of returning to the elements described below. Although inform parents and caregivers about the unit after the intervention. you are expected to focus your efforts in housing related hazards and enable (e) Performing medical testing one of the three categories, the activities them to take prompt corrective action. recommended by a physician or of a proposed project may address (3) Research Projects. Objectives to be applicable occupational or public health categories other than the primary focus. addressed by these projects are: agency for individuals in hazardous Applicants are required to be specific as (a) Investigation of the epidemiology conditions and environmental sampling to the locations they are targeting their of housing-related hazards and illness to protect the health of the intervention intervention activities to occur and the and injury. workers, supervisors, and contractors. (f) Undertaking housing rehabilitation residents, individuals or groups targeted (b) Development and assessment of activities that are specifically required to receive interventions and the low-cost test methods and protocols for to carry out effective control of housing- organizations targeted to continue to identification and assessment of based hazards, and without which the operate effective intervention strategies housing-related hazards. intervention could not be completed over the life of the award and hereafter. (c) Development and assessment of and maintained. Grant funds under this (1) Demonstration Projects. Objectives cost-effective methods for reducing or program may also be used to control to be addressed by these projects are: eliminating housing-related hazards. lead-based paint hazards. (a) Identification of target areas and (d) Evaluation of the effectiveness of (g) Conducting clearance testing and homes where intervention would be housing interventions and public analysis for lead, mold, carbon appropriate. outreach campaigns, and barriers and monoxide and/or other toxins as (b) Identification and evaluation of incentives affecting future use of the appropriate, with respect to generally effective methods of hazard abatement most cost-effective strategies. accepted standards or criteria, or where and risk reduction. (f) Investigation of the environmental not available, other appropriate levels (c) Development of appropriately- health effects on children living in justified in conjunction with the project. scaled, flexible, cost-effective and deteriorated housing and the impact on (h) Carrying out architectural, efficient intervention strategies that take their development and productivity. engineering and work specification into account the range of conditions (C) Eligible Activities. The following development and other construction likely to be encountered in older direct activities and support activities management services to control housing, and that maximize the number are eligible under this grant program. housing-based hazards and remediate of housing units that receive an (1) Direct Project Elements (activities existing hazards. intervention. conducted by you and any sub- (i) Providing training on safe (d) Development of methodologies for recipients): maintenance practices to homeowners, evaluating intervention effectiveness. (a) Performing evaluations of eligible renters, painters, remodelers, and (e) Development of local capacity in housing to determine the presence of housing maintenance staff working in target areas and target groups to operate housing-based hazards (e.g., mold low- or very-low income housing. sustainable programs to prevent and growth, allergens, unvented appliances, (j) Providing cleaning supplies for control housing-based hazards, exposed steam pipes or radiators, hazard intervention and hazard control especially in low and very-low income damaged lead-based paint) through the to community/neighborhood-based residences. use of generally accepted testing organizations for use by homeowners (f) Development of a cost-effective procedures. and tenants in low income housing, or protocol for identifying homes that are (b) Conducting medical examinations to such homeowners, and tenants candidates for interventions, identifying of young children for conditions caused directly. hazards in these homes, and screening or exacerbated by exposure to hazards (k) Conducting general or targeted out homes where structural or other where this is considered essential to community awareness or education

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00260 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9581 programs on environmental health and (A) Budgeting—Administrative Costs. classified as hazardous will be handled safety hazards. This activity would There is a 10% maximum for in accordance with the HUD Guidelines. include training on safe maintenance administrative costs. The application kit (G) Worker Protection Procedures. and renovation practices, among other contains specific information on You must comply with the requirements topics, and further fair housing and allowable administrative costs. of OSHA (e.g., 29 CFR part 1910 and/ environmental justice goals. It would (B) Period of Performance. The period or 1926, as applicable), or the State or also include making materials available, of performance cannot exceed 36 local occupational safety and health upon request, in alternative formats for months. regulations, whichever are most persons with disabilities (e.g., Braille, (C) Coastal Barrier Resources Act. stringent. audio, large type), and in languages Pursuant to the Coastal Barrier (H) Written Policies and Procedures. other than English that are common in Resources Act (16 U.S.C. 3501), funds You must have written policies and the community, whenever possible. may not be used for properties located procedures for all phases of (l) Securing liability insurance for in the Coastal Barrier Resources System. intervention, including evaluation, hazard intervention and hazard (D) Flood Disaster Protection Act. development of specifications, evaluation and control activities to be Under the Flood Disaster Protection Act financing, occupant relocation, performed. of 1973 (42 U.S.C. 4001–4128), funds independent project inspection, and (m) Supporting data collection, may not be used for construction, clearance testing (e.g., for mold, lead, analysis, and evaluation of project reconstruction, repair or improvement carbon monoxide or other hazards, as of a building or mobile home which is activities. This activity is separate from applicable). You and all your located in an area identified by the administrative costs. subcontractors, sub-recipients, and their Federal Emergency Management Agency (n) Conducting applied research contractors must comply with these (FEMA) as having special flood hazards activities directed at demonstration of policies and procedures. unless: (I) Clearance Testing. Clearance dust cost-effective evaluation and (1) The community in which the area testing must be conducted according to intervention methods for assessing and is situated is participating in the the HUD Guidelines. You are required preventing housing-based hazards. National Flood Insurance Program in to meet the interim post-hazard control (o) Presenting research findings at a accordance with the applicable dust-wipe test clearance thresholds at scientific or other conference at the regulations (44 CFR parts 59–79), or less 24 CFR 35.1320 (published in the request of HUD. than a year has passed since FEMA Federal Register at 64 FR 50218, (p) Maintaining a registry (updated at notification regarding these hazards; September 15, 1999). These standards least monthly) of housing units in and are also in the application kit. Wipe which housing-based hazards were not (2) Where the community is tests shall be conducted by an found during evaluation, and those in participating in the National Flood appropriately certified individual who which such problems and hazards have Insurance Program, flood insurance on is independent of the lead hazard been controlled. Units on the registry the property is obtained in accordance control contractor. Dust-wipe and soil should be affirmatively marketed to with section 102(a) of the Flood Disaster samples and any paint samples to be families with young children (especially Protection Act (42 U.S.C. 4012a(a)). You analyzed by a laboratory, must be low income families) and such families are responsible for assuring that flood analyzed by a laboratory recognized by should be given preference for insurance is obtained and maintained the EPA National Lead Laboratory occupancy when they are vacant. for the appropriate amount and term. Accreditation Program (NLLAP). Units (q) Preparing quarterly progress (E) National Historic Preservation Act. treated shall not be reoccupied until reports, interim and final research The National Historic Preservation Act clearance is achieved. reports, and an overall final grant report of 1966 (16 U.S.C. 470) (NHPA) and the (J) Continued Availability of Safe detailing activities (e.g., number of units regulations at 36 CFR part 800 apply to Housing to Low-Income Families. Units tested, types of interventions provided, the mold intervention and related in which housing-based hazards have evaluation of most cost efficient hazard control activities that are been controlled under this program methodologies by type of unit), findings, undertaken pursuant to this program. shall be occupied by and/or continue to and recommended future actions for HUD and the Advisory Council for be available to low-income residents. cost effective interventions, at the Historic Preservation have developed an (K) Environmental Review. You must conclusion of grant activities. optional Model Agreement for use by comply with HUD’s regulations in 24 (2) Support Elements. grantees and State Historic Preservation CFR 50.3(h) in carrying out (a) Your administrative costs. Officers in carrying out any lead hazard responsibilities regarding HUD’s (b) Program planning and control activities under this program. environmental review. Recipients of a management costs of sub-grantees and This must be obtained from the grant under this NOFA will be given other sub-recipients. SuperNOFA Clearinghouse. guidance in these responsibilities. (D) Ineligible Activities. (1) Purchase (F) Waste Disposal. Waste disposal (L) Economic Opportunities for Low of real property. will be handled according to the and Very Low-Income Persons (Section (2) Purchase or lease of equipment requirements of the Occupational 3). Recipients of assistance must comply having a per unit cost in excess of Health and Safety Administration with section 3 of the Housing and Urban $5,000, unless prior written approval is (OSHA) (e.g., 29 CFR part 1910 and/or Development Act of 1968, 12 U.S.C. obtained from HUD. 1926, as applicable), the Environmental 1701u (Economic Opportunities for Low (3) Medical treatment costs. Protection Agency (EPA) (e.g., 40 CFR and Very Low-Income Persons in parts 61, 260–282, 300–374, and/or 700– Connection with Assisted Projects) and IV. Program Requirements 799, as applicable), the Department of the HUD regulations at 24 CFR part 135, In addition to program requirements Transportation (e.g., 49 CFR parts 171– including the reporting requirements of listed in the General Section of the 177), and/or appropriate State or local subpart E. Section 3 requires recipients SuperNOFA, you, the applicant must regulatory agency(ies). Disposal of to ensure that, to the greatest extent comply with the following wastes from intervention activities that feasible, training, employment and other requirements: contain lead-based paint but are not economic opportunities will be directed

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00261 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9582 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices to (1) low and very low income persons, penalized for not addressing all the (3) Whether you have sufficient particularly those who are recipients of specific objectives within a given personnel or will be able to quickly government assistance for housing, and category, if two applications have equal retain qualified experts or professionals (2) business concerns which provide scores, HUD will first select the to begin your proposed program economic opportunities to low and very applicant whose project addresses the immediately and to perform your low income persons. most objectives. proposed activities in a timely and (M) Data collection and provision. (B) Factors for Award Used to effective fashion. Describe how You must collect, maintain and provide Evaluate and Rate Applications. This principal components of your to HUD the data necessary to document section provides the factors for rating organization will participate in or the various approaches used to evaluate and ranking your application and the support your project. You should and control housing-based hazards, maximum points for each factor. The thoroughly describe capacity, as including evaluation and control maximum number of points to be demonstrated by experience in initiating methods, building conditions, medical awarded is 102. This maximum and implementing related and familial information (with includes two EZ/EC bonus points as environmental, health, or housing confidentiality of individually- described in the General Section of the projects. identifiable information ensured) in SuperNOFA. Also, Section III(C)(2) of order to determine the effectiveness and the General Section, which addresses a Rating Factor 2: Need/Extent of the relative cost of these methods. court-ordered consideration, is Problem (15 Points) (N) Certifications and Assurances. applicable to this program. This factor addresses the extent to You must include the certifications and Rating Factor 1: Capacity of the which there is a need for your proposed assurances listed in Section II(G) of the Applicant and Relevant Organizational program activities to address General Section of the SuperNOFA with Experience (20 Points) documented problems, target area(s) and your application. target groups. (O) Davis-Bacon Act. The Davis-Bacon This factor addresses your (1) Document a critical level of need Act does not apply to this program. organizational capacity necessary to for your proposed activities in the area However, if program funds are used in successfully implement your proposed where activities will be carried out. You conjunction with other Federal activities in a timely manner. The rating should pay specific attention to programs in which Davis-Bacon of you or your staff includes any documenting need as it applies to your prevailing wage rates apply, then Davis- community-based organizations, sub- target area(s), rather than the larger Bacon provisions would apply to the contractors, consultants, sub-recipients, geographic area. extent required under the other Federal and members of consortia that are firmly (2) Your documentation should programs. committed to your project. In rating this summarize available data linking factor HUD will consider: housing-based hazards to disease or V. Application Selection Process (1) Your recent, relevant and injuries to children in your target Please see Section III of the General successful demonstrated experience in area(s). Examples of data that might be Section of this SuperNOFA. undertaking eligible program activities. used to demonstrate need, include: Applications that meet all of the You must describe the knowledge and (a) Economic and demographic data threshold requirements will be eligible experience of the proposed overall relevant to your target area(s), including to be scored and ranked based on the project director and day-to-day program poverty and unemployment rates; total number of points allocated for each manager in planning and managing (b) Rates of childhood illnesses or of the rating factors described below. large and complex interdisciplinary injuries (e.g., asthma, burns) that could Your application must receive a total programs, especially those involving be caused or exacerbated by exposure to score of at least 65 points to remain in housing rehabilitation, public health, or conditions in the home environment, consideration for funding. environmental programs. In your among children residing in your target (A) Rating and Ranking. HUD intends narrative response for this factor, you area(s), and/or rates of environmentally- to make awards to qualifying should include information on your related disease or adverse health effects applications in the following order: program staff, their experience, (e.g., hypertension, elevated blood lead STEP 1. An award will be made to the commitment to the program, and levels) in your target area(s); and highest ranked application in each of position titles. Resumes of up to three (c) Unavailability of other Federal, the three categories listed in Section (3) pages each and position descriptions State or local funding or private sector III.(B) of this program section of the for up to three personnel in addition to resources that could be, or is used, to SuperNOFA within the limits of the project director and program address the problem. funding availability. If there are manager, and a clearly delineated (3) For the areas targeted for your insufficient funds to award in all organizational chart for your project project activities, provide data available categories, HUD will make awards in must be included as an appendix. in your jurisdiction’s currently categories (1) through (3) in order. Copies of job announcements (including approved Consolidated Plan, or derived STEP 2. After following Step 1 if salary range) should be included for any from 1990 Census Data, or derived from funding remains available, an award key positions that are currently vacant. other sources (all data should be will be made in each of the categories Indicate the percentage of time that key documented) that address: (1) through (3) in order. personnel will devote to your project (a) The age and condition of housing; STEP 3. After following Step 2 if and any salary costs to be paid by funds (b) The number and percentage of funding remains available, awards will from this program. Include descriptions very-low and low income families with be made in rank order regardless of of the experience and qualifications of incomes less than 80% of the median category. subcontractors and consultants. income, as determined by HUD, for the You must state the category for which (2) Your qualifications to carry out the area, with adjustments for smaller and you are applying. If an applicant wishes proposed activities as evidenced by larger families (See application kit for to apply under more than one category experience, academic background, additional information). they must submit a separate application training, and/or relevant publications of (c) To the extent that statistics and for each category. While you will not be program staff. other data contained in your

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00262 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9583 community’s Consolidated Plan or clearly justified, and consistent with the discussion of specific planned program Analysis of Impediments to Fair project management plan and intended activities which address one or more of Housing Choice (AI) support the extent use of program funds. HUD is not the following categories: of the problem, you should include required to approve or fund all (a) Demonstration activities. references to the Consolidated Plan and proposed activities. You must (i) Describe in detail how you will the AI in your response. thoroughly document and justify all identify, select, prioritize, and enroll (d) Data documenting targeted groups budget categories and costs (Part B of units of eligible housing in which you that are traditionally underserved or Standard Form 424A) and all major will undertake housing-based hazards have special needs. If the data presented tasks. Describe clearly and in detail your interventions, how you will integrate in your response does not specifically budgeted costs for each required safe work practices into housing represent your target area, you should program element (major task) included maintenance, repair, and improvements, discuss why the target areas are being in your overall plan. and then target such units to low- proposed. If your application addresses (c) Project Evaluation (8 points). You income families with young children. needs that are in the Consolidated Plan, are required to identify and discuss the You should use all reasonably available AI, court orders or consent decrees, specific methods you will use to sources of information on controlling settlements, conciliation agreements, measure progress towards your goals, housing-based hazards in buildings and and voluntary compliance agreements, track and report results of interventions, protecting workers and occupants you will receive more points than and evaluate the effectiveness of during and after the intervention applicants that do not relate their interventions: process. program to identified need. (i) Discuss the performance goals for (ii) Describe any assessment tools you (4) Applicants proposing research your project and identify specific would employ to establish baseline activities should provide a statement outcome measures; data. supporting the need for this research. (ii) Describe how the outcome (iii) Provide the estimated total information will be obtained, number of owner occupied and/or rental Rating Factor 3: Soundness of documented, and reported; and units in which you will conduct Approach (45 Points) (iii) Identify the major milestones for interventions. This factor addresses the quality and your project, and describe how your (iv) Describe your process for cost-effectiveness of your proposed progress towards these milestones will evaluating units of eligible housing in work plan. You should present be tracked, recorded and reported. which you will undertake housing- information on the proposed approach (d) Economic Opportunity (5 points). based hazard interventions. for addressing housing-based hazards To the greatest extent feasible, Your (v) Describe any specialized testing or and describe how proposed activities project should promote job training, visual inspection that you will conduct would help HUD achieve its goals for employment, and other economic during unit inspection with reference to this program area. For you to receive opportunities for low-income and source(s) of the protocol(s). maximum points for this factor, there minority residents and businesses (vi) Discuss efforts to incorporate cost- must be a direct relationship between which are owned by and/or employ effective methods to address multiple the proposed activities, community or low-income and minority residents as environmental health and safety research needs, and the purpose of the defined in 24 CFR 135.5. You should: hazards, and describe the specific program. The response to this factor (i) Describe methods that will result interventions you will utilize to control should include the following elements: in economic opportunities for residents housing-based hazards before children (1) Strategy (25 points). Describe your and businesses in the community where are affected; and/or to control these program goals and objectives and the activities will be carried out. Include hazards in units where children have strategy you will use in planning and information on how you will provide already been treated for illnesses or executing the project. You should employment, business development, injuries associated with housing-based provide information on the general and contract opportunities; hazards (e.g., burns, lead poisoning, approach and overall plan employed: (ii) Describe how you or your partners asthma). (a) Baseline Plan for Project will satisfy the requirements of section (vii) Describe the process for your Management (10 points). Include a 3 of the Housing and Urban referral of children for medical case management plan that: Development Act of 1968 to give management if this is not ongoing. (i) Lists the project objectives, major preference to hiring low- and very low- (viii) Describe your process for the tasks and activities. All specific income persons or contracting with development of work specifications for activities necessary to complete the businesses owned by or employing low- the selected interventions. proposed project must be included in and very-low income persons; (ix) Describe your management the task listing; (iii) Describe how your proposed processes to be used to ensure the cost- (ii) Identifies appropriate performance project will further and support the effectiveness of the housing goals and benchmarks; policy priorities of the Department, interventions, and provide cost (iii) Provides a schedule for the including providing opportunities for estimates per intervention and per unit. assignment and completion of major self-sufficiency, particularly for persons (x) Discuss your contracting process tasks and activities, and a timeframe for enrolled in welfare-to-work programs; or to obtain contractors to conduct delivery; providing educational and job training interventions in selected units. (iv) Designates resources and opportunities; and (xi) Describe your plan for the identifies responsible entities; and (iv) Describe the extent to which your temporary relocation of occupants of (v) Provides an estimate of per unit (or proposed activities will occur in an units selected for intervention, if other appropriate apportionment) costs Empowerment Zone or Enterprise relocation is necessary, and how you (and a basis for those estimates) for the Community (EZ/EC), if applicable. will determine the need for relocation. type of interventions that are planned. (2) Approach for Implementing the Address the use of safe houses and other (b) Budget Justification (2 points). Project (20 points). Describe your housing arrangements, storage of Your proposed budget will be evaluated overall approach for your proposed household goods, stipends, incentives, for the extent to which it is reasonable, project. The description must include a etc.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00263 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9584 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(xii) Describe your plan for ensuring Rating Factor 4: Leveraging Resources are holistic and comprehensive. right of return and/or first referral for (10 Points) Linkages include those with other HUD, occupants of units selected for This factor addresses your ability to Federal, State, the Partnership for intervention who have had to move for secure other community resources (such Advancing Technology in intervention to occur. as financing, supplies or services) which Homebuilding (PATH) (see Section (xiii) Describe how you will can be combined with HUD’s resources VI(E) of the General Section of the affirmatively further fair housing. to achieve project purposes. SuperNOFA), or locally funded (xiv) Describe the financing strategy, (1) In evaluating this factor, HUD will activities through meetings, information including eligibility requirements, consider the extent to which you have networks, planning processes, or other means. terms, conditions, and amounts partnered with other entities to secure (3) The degree of coordination with available, to be employed in conducting additional resources to increase the housing-based hazards activities. You housing rehabilitation, housing and effectiveness of your proposed project. health inspection, and other related must discuss the way funds will be Describe how other organizations will administered (e.g., use of grants, housing programs. participate in or support your project. (a) Describe your plan for integrating deferred loans, forgivable loans, other Resources may include funding or in- and coordinating housing-based hazards resources, private sector financing, etc.) kind contributions (such as services or interventions with other housing-related as well as the agency which will equipment) allocated to your proposed activities (e.g., rehabilitation, administer the process. program. Resources may be provided by weatherization, removal of code (b) Outreach Activities. This should governmental entities, public or private violations, and other similar work). include general and/or targeted efforts organizations, or other entities willing (b) Describe your plans to consolidate undertaken to assist your efforts in to be your partner in this effort. housing-based hazards interventions reducing exposure to housing-based (2) Each source of contributions with applicable housing codes and hazards. You must describe: (financial or in kind) must be supported health regulations. (i) Proposed methods of community by a letter of commitment from the (c) Describe your plans to generate outreach. These should include contributing entity, whether a public or and use public subsidies or other community awareness, education, private source, which must describe the resources (such as revolving loan funds) training, and outreach programs in contributed resources that will be used to finance future interventions to support of your work plan and in your program. Staff in-kind prevent and control housing-based objectives that are culturally sensitive, contributions should be given a market- hazards, particularly in low- and very- targeted, and linguistically appropriate. based monetary value. If you fail to low-income housing. (ii) Proposed involvement of provide letters of commitment with (d) Detail the extent to which you will neighborhood or community-based specific details including the amount of ensure that the needs of minorities and organizations in the proposed activities. the actual contributions, you will not persons with disabilities will be These activities may include outreach, get rating points for this factor. Each addressed adequately during your community education, marketing, letter of commitment, memorandum of intervention activities; and that housing inspection, and housing evaluations and understanding, or agreement to in which environmental hazards have interventions. participate shall include the been addressed will remain available (iii) Proposed methods to reach high organization’s name and the proposed and affordable in the long run for low risk groups and communities, level of commitment and income, minority, large families, and for vulnerable populations and persons responsibilities as they relate to the persons with disabilities. traditionally underserved (see Rating proposed program. The commitment (4) If applicable, the application Factor 2(d)). must be signed by an official legally able should demonstrate a knowledge of the (c) Research Activities. to make commitments on behalf of the target community’s Consolidated Plan organization. and/or Analysis of Impediments to Fair (i) Provide a detailed description of Housing Choice and detail the your proposed applied research Rating Factor 5: Comprehensiveness Consolidated Plan issue areas in which activities. Your research designs should and Coordination (10 Points) your organization participates. Describe be feasible and display thorough This factor addresses the extent to the degree to which you have become knowledge of relevant scientific which your program reflects a actively involved (or if not currently literature. coordinated, community-based process active, the specific steps you will take (ii) Include an appropriate plan for of identifying needs and building a to become active) in your community’s managing, analyzing and archiving data. system to address the needs by using Consolidated Planning process (iii) Describe how quality assurance available HUD and other community established to identify and address a and quality control are integrated into resources. In evaluating this factor, HUD need/problem that is related in whole or your research design to ensure the will consider: part, directly, or indirectly the activities validity and quality of collected data. (1) The degree of coordination of your you propose. (iv) Describe technical qualifications proposed project with those of other and requirements for laboratories. To be groups or organizations to best support VI. Application Submission eligible for points under this factor, any and coordinate all activities, and the Requirements laboratories you use must successfully specific steps you will take to share (A) Applicant Information. You participate in the Clinical Laboratory information on solutions and outcomes should submit your application in Program, National Lead Laboratory with others. Any written agreements or accordance with the format and Accreditation Program, and/or National memoranda of understanding in place instructions contained in this program Voluntary Laboratory Accreditation must be described. section of this SuperNOFA (the Program, or other applicable quality (2) The extent to which you have application kit repeats this information). assurance program, which you developed linkages, or the specific steps The following is a checklist of required demonstrate to be substantially you will take to develop linkages, to application contents. Your application equivalent. coordinate your activities so solutions must contain the items listed in this

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00264 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9585

Section V(B). These items include the VII. Corrections to Deficient Cleaning carpets with tannic acid solution standard forms, certifications, and Applications has also been demonstrated to greatly reduce dust mites. Asthma prevention program costs assurances listed in the General Section The General Section of the of the SuperNOFA that are applicable to have been estimated at about $500 per unit, SuperNOFA provides the procedures for which includes about $150 for educational this funding (collectively, referred to as corrections to deficient applications. interventions. the ‘‘standard forms’’). The standard Asbestos: Asbestos is a mineral fiber that forms can be found in Appendix B to VIII. Environmental Requirements has been used commonly in a variety of the General Section of the SuperNOFA. Activities assisted under this program building construction materials and The remaining application items that are subject to HUD environmental household products for insulation and as a are forms (i.e., excluding such items as review to the extent required under 24 fire-retardant. The Environmental Protection narratives), referred to as the ‘‘non- CFR part 50. An award under the Agency (EPA) and the Consumer Product Safety Commission (CPSC) have banned most standard forms’’ can be found as Healthy Homes Initiative does not Appendix C to this program section of asbestos products. Manufacturers have also constitute approval of specific sites voluntarily limited uses of asbestos. Today, the SuperNOFA. The items are as where activities may be carried out. asbestos is most commonly found in older follows: Following award execution, HUD will homes: in pipe and furnace insulation (1) Transmittal letter that summarizes perform environmental reviews for materials, asbestos shingles, millboard, your proposed program, provides the activities to be carried out on properties textured paints and other coating materials, dollar amount requested, and identifies proposed by your organization. You and floor tiles. Elevated concentrations of you and your partners in the may not rehabilitate, convert, repair or airborne asbestos can occur when asbestos- containing materials (ACM) are disturbed by application. construct a property, or commit or (2) The name, mailing address, cutting, sanding or other remodeling expend program funds or non-HUD activities. Improper attempts to remove these telephone number, and principal funds for these program activities for contact person. If you are a consortium materials can release asbestos fibers into the any eligible property, until you receive air in homes, increasing asbestos levels and of associates, sub-recipients, partners, written notification from the endangering people living in those homes. major subcontractors, joint venture appropriate HUD official that HUD has The most dangerous asbestos fibers are too participants, or others contributing completed its environmental review and small to be visible. After they are inhaled, resources to the project, similar the property has been approved. The they can remain and accumulate in the lungs. information shall also be provided for results of environmental reviews may Asbestos can cause lung cancer, each of these entities and you must mesothelioma (a cancer of the chest and require that proposed activities be abdominal linings), and asbestosis specify the lead entity. modified or proposed sites rejected. (3) Checklist and Submission Table of (irreversible lung scarring that can be fatal). Contents. X. Authority Most people with asbestos-related diseases (4) Completed Forms HUD–2880, were exposed to elevated concentrations on The authority for this program is the the job; some developed disease from Applicant/Recipient Disclosure/Update Departments of Veterans Affairs and exposure to clothing and equipment brought Report; Certification Regarding Housing and Urban Development, and home from job sites. As with radon, dose- Lobbying; and SF–LLL, Disclosure of Independent Agencies Appropriations response extrapolations suggest that lower Lobbying Activities, where applicable. Act, 2000, Pub.L. 106–74, approved level exposures, as may occur when asbestos- (5) Standard Forms SF–424, 424A, October 20, 1999, 113 Stat. 1047. containing building materials deteriorate or 424B, and other certifications and are disturbed, may also cause cancer. assurances listed in this program Appendix A Intact asbestos-containing materials are not section. The following briefly describes the a hazard; they should be monitored for (6) A narrative statement addressing housing-associated health and injury hazards damage or deterioration and isolated if the rating factors for award. The HUD considers key targets for intervention: possible. Repair of damaged or deteriorating narrative statement must be numbered Allergens and asthma: Experts estimate ACM usually involves either sealing (encapsulation) or covering (enclosure) it. in accordance with each factor for that 14 million Americans have asthma, with an associated annual cost of $14 billion. Repair is usually cheaper than removal, but award (Rating Factors 1 through 5). The Asthma is now recognized as the leading it may make later removal of asbestos more response to the rating factors must not cause of school and work absence, emergency difficult and costly. Repairs should be done exceed a total of 25 pages. Any pages in room visits and hospitalization. For only by a professional trained and certified excess of this limit will not be read. sensitized children, exposure to antigens to handle asbestos safely and can cost from (7) Any attachments, appendices, from dust mites, certain pets, and a few hundred to a few thousand dollars; references, or other relevant information cockroaches has been associated with more removal can be more expensive. that directly support the narrative may severe asthma. There is a preponderance of Combustion products of heating and accompany it, but must not exceed evidence showing a dose-response cooking appliances: Burning of oil, natural twenty (20) pages for your entire relationship between exposure and gas, kerosene, and wood for heating or prevalence of asthma and allergies; some cooking purposes can release a variety of application. Any pages in excess of this evidence also indicates that exposure to combustion products of health concern. limit will not be read. antigens early in life may predispose or Depending upon the fuel, these may include (8) A detailed budget with supporting hasten the onset of allergies and asthma Dust carbon monoxide (a chemical asphyxiant), cost justification for all budget mites have been identified as the largest oxides of nitrogen (respiratory irritants), categories of your funding request (in trigger for asthma and allergies. Cockroach polycyclic aromatic hydrocarbons (e.g., the accordance with Rating Factor 3(b)(1)). allergens appear to be excessive in 30–50% carcinogen benzo[a]pyrene), and airborne This information will not be counted of inner-city housing and affect 5–15% of the particulate matter (respiratory irritants). towards the page limits. population, whereas dust mite appears to be Carbon monoxide, an odorless gas, can be (9) The resumes and position the dominant allergen in other environments. fatal. Nitrogen dioxide can damage the descriptions of your project director and Interventions known to have beneficial respiratory tract, and sulfur dioxide can effects include installation of impervious irritate the eyes, nose and respiratory tract. program manager and up to three mattress and pillow covers, which can Smoke and other particulates irritate the additional key personnel, not to exceed reduce allergen exposure by 90%. Other dust eyes, nose and throat, and can cause lung three pages each (in accordance with mite control measures include cancer. Rating Factor 1). This information will dehumidification, laundering bedding, and Improper venting and poor maintenance of not be counted towards the page limits. removal of carpets and other dust sinks. heating systems and cooking appliances can

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00265 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9586 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices dramatically increase exposure to symptoms. An investigation of a cluster of effectiveness regarding pesticide residues in combustion products. Experts recommend pulmonary hemosiderosis (PH) cases in the home environment. having combustion heating systems infants showed PH was associated with a Radon progeny: The National Academy of inspected by a trained professional every history of recent water damage to homes and Sciences estimates that approximately 15,000 year to identify blocked openings to flues and with levels of the mold Stachybotrys atra cases of lung cancer per year are related to chimneys; cracked or disconnected flue pipe; (SA) in air and in cultured surface samples. radon exposure. Epidemiologic studies of Associations between exposure to SA and dirty filters; rust or cracks in the heat miners exposed to high levels of radon in exchanger; soot or creosote build-up; and ‘‘sick building’’ symptoms in adults have also inhaled air have defined the dose response exhaust or gas odors. Installing a carbon been observed. Other related toxigenic fungi relation for radon-induced lung cancer at monoxide detector is also recommended; have been found in association with SA- however, such a detector will not detect associated illness and could play a role. For high exposure levels. Extrapolation of these other combustion by-products. sensitive individuals, exposure to a wide data has been used to estimate the excess risk Insect and Rodent pests: The observed variety of common molds may also aggravate of lung cancer attributable to exposure to association between exposure to cockroach asthma. Addressing mold problems in radon gas at the lower levels found in homes. antigen and asthma severity has already been housing requires coordination among the These estimates indicate that radon gas is an noted above. In addition, cockroaches may medical, public health, microbiological, important cause of lung cancer deaths in the act as vehicles to contaminate and housing, and building science communities. U.S. Excessive exposures are typically related environmental surfaces with certain The cost of mold/moisture-related to home ventilation, structural integrity and pathogenic organisms. Rodents can transmit intervention work (e.g., integrated pest location. a number of communicable diseases to management, clean & tune furnace, remove Radon measurement and remediation debris, vent clothes dryer, cover dirt floor humans, either through bites, arthropod methods are well-developed, and the with impermeable vapor barrier) is a few vectors, or exposure to aerosolized excreta. In Environmental Protection Agency (EPA) addition, humans can become sensitized to hundred dollars, unless major modification of the ventilation system is needed. In recommends that every home be measured proteins in rodent, urine, dander and saliva. for radon. EPA estimates that materials and Such sensitization may contribute to asthma Cleveland, mold interventions, including labor costs for radon reduction in an existing severity among children. Insect and rodent repairs to ventilation systems and basement home are $800–$2500. Including radon infestation is frequently associated with flooring, in the most heavily-contaminated substandard housing that makes it difficult to homes range from $500–$5,000, with some resistant techniques in new home eliminate. Treatment of rodent and insect costs also being dedicated to lead hazard construction costs $350–$500, and can save infestations often includes the use of toxic control simultaneously through its up to $65 annually in energy costs, according pesticides which may present hazards to lead+asthma program. to the EPA. Pesticide residues: According to the EPA, occupants (see below). Integrated pest Take home hazards from work/hobbies and 75 percent of U.S. households used at least management (IPM) for rodents and work at home: When the clothing, hair, skin, one pesticide product indoors during the past cockroaches, which reduces the use of or shoes of workers become contaminated year. Products used most often are pesticides, is estimated to cost approximately with hazardous materials in the workplace, insecticides and disinfectants. Another study $150 per unit. IPM control measures include suggests 80 percent of most people’s such contaminants may inadvertently be sealing holes and cracks, removing food exposure to pesticides occurs indoors and carried to the home environment and/or an sources and use of traps. that measurable levels of up to a dozen automobile. Such ‘‘take-home’’ exposures Lead: Exposure to lead, especially from pesticides have been found in the air inside have been demonstrated, for example, in deteriorating lead-based paint, remains one homes. The amount of pesticides found in homes of lead-exposed workers. In addition, of the most important and best-studied of the homes appears to be greater than can be certain hobbies or workplaces located in the household environmental hazards to explained by recent pesticide use in those home may provide an especially great risk of children. Although blood lead levels have households; other possible sources include household contamination. fallen nationally, a large reservoir of lead contaminated soil or dust that migrates in Control methods include storing and remains in housing. The most recent national from outside, stored pesticide containers, and laundering work clothes separately, and survey, conducted from 1991–94, showed household surfaces that collect and then showering and changing before leaving work, that nearly one million U.S. preschoolers still release the pesticides. Pesticides used in and have elevated blood lead levels. Overall, the or immediately after arriving home. Once a around the home include products to control home becomes contaminated, cleaning floors prevalence rate among all children under six insects (insecticides), termites (termiticides), and contact surfaces and replacing years of age is 4.4%. Among low-income rodents (rodenticides), molds and fungi furnishings may be necessary to reduce children living in older housing where lead- (fungicides), and microbes (disinfectants). In based paint is most prevalent, the rate climbs 1990, the American Association of Poison exposures. to 16%; and for African-American children Control Centers reported that some 79,000 Unintentional injuries/fire: Unintentional living in such housing, it reaches 21%. children were involved in common injury is now the leading cause of death and HUD estimates that 64 million dwellings household pesticide poisonings or exposures. disability among children younger than 15 have some lead-based paint, and that 20 In households with children under five years years of age. In 1997, nearly 7 million million have lead-based paint hazards. Of old, almost one-half stored at least one persons in the United States were disabled those, about 3.6 million have young children pesticide product within reach of children. for at least 1 full day by unintentional and of those, about 500,000 units have Exposure to chlorpyriphos (CP), a commonly injuries received at home. During the same inadequate cash flow to respond to lead- used organophosphate insecticide, in the year, 28,400 deaths were attributable to based paint hazards. Costs can range prenatal and early postnatal period may unintentional home injuries, of which 1800 anywhere from $500 to $15,000 per unit. impair neurodevelopment. While CP is a occurred among children 0–4 years of age. Corrective measures include paint biodegradable pesticide, substantial Among young children, three types of events stabilization, enclosure and removal of persistence of CP in house dust has been accounted for more than 3/4 of deaths: fires/ certain building components coated with demonstrated. Exposure to high levels of burns, drownings, and mechanical lead paint, and cleanup and ‘‘clearance cyclodiene pesticides, commonly associated suffocation. Falls and poisoning are the next testing’’, which ensures the unit is safe for with misapplication, has produced various most common. young children. symptoms, including headaches, dizziness, Mold and moisture: An analysis of several muscle twitching, weakness, tingling Home visitation protocols have been pulmonary disease studies estimates that sensations, and nausea. In addition, EPA is shown to be effective in reducing exposure 25% of airways disease, and 60% of concerned that cyclodienes might cause long- to such hazards. The ‘‘add-on’’ cost of injury interstitial lung disease may be associated term damage to the liver and the central prevention measures, when combined with with moisture in the home or work nervous system, as well as an increased risk other housing interventions are estimated at environment. Moisture is a precursor to the of cancer. about $100 per unit. This includes the cost growth of mold and other biological agents, There are available data on hazard of some injury prevention devices, such as which is also associated with respiratory evaluation methods and remediation smoke alarms, electrical socket covers, etc.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00266 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9587

APPENDIX B 3. Lead; Requirements for Lead-Based Paint Reports Activities in Target Housing and Child- References Putting the Pieces Together: Controlling Occupied Facilities; Final Rule: 40 CFR part Lead Hazards in the Nation’s Housing, To secure any of the documents listed, call 745, Subparts L and Q (EPA) (State (Summary and Full Report); HUD, July 1995 the listed telephone number (generally, the Certification and Accreditation Program for telephone numbers are not toll-free). (available for a charge) —Telephone 800– those engaged in lead-based paint 245–2691. Can be downloaded from the Regulations activities)—Telephone: 1–202–554–1404 Internet without a charge from 1. Worker Protection: OSHA publication— (Toxic Substances Control Act Hotline) (not www.hud.gov/lea/leadwnlo.html Telephone: 202–693–1888 (OSHA a toll-free number). Can be downloaded from The Healthy Homes Initiative: A Regulations) (available for a charge)— the Internet without a charge from Preliminary Plan (Summary and Full Report); Government Printing Office—Telephone: www.epa.gov/opptintr/lead/index.html. HUD, July 1995. Can be downloaded from the Internet without a charge from 202–512–1800 (not a toll-free number): Guidelines —General Industry Lead Standard, 29 CFR www.hud.gov/lea/leadwnlo.html 1. Guidelines for the Evaluation and 1910.1025 (Document Number 3. Institute of Medicine. Indoor Allergens. 869022001124). Can be downloaded from Control of Lead-Based Paint Hazards in Assessing and Controlling Adverse Health the Internet without a charge from Housing; HUD, June 1995, and amended Effects. National Academy Press. www.osha-slc.gov/OshStdldata/ September, 1997. (available for a charge)— Washington, D.C. 1993. 1910l1025.html. Telephone: 800–245–2691. Can be 4. Mott L., Our Children at Risk. Natural —Lead Exposure in Construction, 29 CFR downloaded from the Internet without a Resources Defense Council. Washington, D.C. 1926.62, and appendices A, B, C, and D charge from www.hud.gov/lea/ 1997 Can be ordered from the Internet from (Document Number 869022001141). Can be leadwnlo.html. WWW.nrdc.org. downloaded from the Internet without a 2. Preventing Lead Poisoning in Young 5. Rom W.N. Ed. Environmental and charge from www.osha-slc.gov/ Children; Centers for Disease Control, Occupational Medicine. Little, Brown and OshStdldata/1926l0062.html. October 1991: Telephone: 888–232–6789. Co., Boston. 1992. 2. Waste Disposal: 40 CFR parts 260–268 3. Screening Young Children for Lead 6. President’s Task Force on Environmental (EPA regulations) (available for a charge)— Poisoning: Guidance for State and Local Health Risks and Safety Risks to Children. Telephone 1–800–424–9346, or, from the Public Health Officials, November 1997; Asthma and The Environment: An Action Washington, DC, metropolitan area, 1–703– Centers for Disease Control and Prevention Plan To Protect Children. Washington, D.C. 412–9810 (not a toll-free number). Can be (CDC): Telephone: 888–232–6789. Can be 1999. Can be downloaded from the Internet downloaded from the Internet without a downloaded from the Internet without a without a charge from www.epa.gov/ charge from www.epa.gov/docs/epacfr40/ charge from www.hud.gov/lea/ children. chapt–I.info/subch–I/. leadwnlo.html. BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00267 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9588 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

APPENDIX C The non-standard forms, which follow, are required for your HHI application. They are the Checklist and Submission Table of Contents and the Total Budget (Federal Share and Matching Contribution, including instructions).

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00268 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9589

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00269 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9590 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00270 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9591

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00271 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9592 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00272 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9593

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00273 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9594 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00274 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9595

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00275 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00276 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9597

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00277 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00278 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9599

FUNDING AVAILABILITY FOR THE Additional Information Applications Submitted to HUD Field HOPE VI PROGRAM If you are interested in applying for a Offices. If you wish to hand carry the Program Overview HOPE VI grant, please review the required copy of your application to following information, the General your local HUD Field Office, you may Purpose of the Program. HOPE VI do so during normal business hours Revitalization Grants. In accordance Section of this SuperNOFA, and the before the application deadline date. On with section 24(a) of the U.S. Housing HOPE VI Application Kit. the application deadline date, HUD Act of 1937 (1937 Act), the purpose of I. Application Due Dates, Application Field Office business hours will be HOPE VI Revitalization grants is to Kits, Further Information, and extended to 6:00 pm. assist public housing agencies (PHAs) Technical Assistance. Application Kits. HUD will mail an to: Application Due Dates. Revitalization (1) Improve the living environment Application Kit to every eligible PHA. grant applications are due at HUD for public housing residents of severely Headquarters on or before 12:00 To obtain an Application Kit and any distressed public housing projects midnight, Eastern time, on May 18, supplemental materials, please call the through the demolition, rehabilitation, 2000. SuperNOFA Information Center at 1– reconfiguration, or replacement of Demolition grant applications are due 800–HUD–8929. Persons with hearing obsolete public housing projects (or at HUD Headquarters on or before 12:00 or speech impairments may call the portions thereof); midnight, Eastern time, on June 14, Center’s TTY number at 1–800–HUD– (2) Revitalize sites (including 2000. 2209. When requesting an Application remaining public housing dwelling See Section VII(B)(3) of this HOPE VI Kit, please refer to HOPE VI and provide units) on which such public housing section of the SuperNOFA, below, for your name, address (including zip projects are located and contribute to important information regarding the code), and telephone number (including the improvement of the surrounding application deadline and deficiency neighborhood; area code). The Application Kit also will (3) Provide housing that will avoid or cure period for Demolition grant be available on the HUD Home Page decrease the concentration of very low- applications. (www.hud.gov). See the General Section of this income families; and Further Information and Technical SuperNOFA for specific procedures (4) Build sustainable communities. Assistance. You may call, fax or write governing the form of application HOPE VI Demolition Grants. Mr. Milan Ozdinec, Director, Office of Demolition grants enable PHAs to submission (e.g., mailed applications, express mail, overnight delivery, or Urban Revitalization, Department of expedite the demolition of severely Housing and Urban Development, 451 distressed public housing units. Any hand carried). Address for Submitting Applications. Seventh Street, SW, Room 4130, subsequent new construction or Washington, DC 20410; telephone (202) revitalization of any remaining units Send two copies of your completed 708–2822; fax (202) 401–2370 (these are must be funded from other resources, application to HUD Headquarters, 451 not toll free numbers). Persons with which may include a HOPE VI Seventh Street, SW, Room 4130, hearing or speech impairments may call Revitalization Grant. Washington, DC 20410, Attention: Available Funds. Approximately Elinor Bacon, Deputy Assistant via TTY by calling the Federal $563.8 million, as allocated in Secretary for Public Housing Information Relay Service at 1–800– accordance with Section II of this HOPE Investments. In addition, send one copy 877–8339. VI section of the SuperNOFA, below. of your completed application to your Satellite Broadcast. HUD will hold an Eligible Applicants. PHAs that meet local HUD Field Office. A list of HUD information broadcast via satellite for the requirements at Section III(B) of this Field Offices and their hours of potential applicants to learn more about HOPE VI section of the SuperNOFA, operation is included as Appendix A of the program and preparation of the below. the General Section of this SuperNOFA. application. For more information about Application Deadlines. Revitalization HUD will determine whether your the date and time of the broadcast, you grant applications are due on May 18, application is timely filed based on the should consult the HUD web site at 2000. date and time of receipt at HUD http://www.hud.gov. Demolition grant applications are due Headquarters, not the date and time of on June 14, 2000. receipt at your local Field Office. II. Amount Allocated

Funds available for award in this Type of assistance Allocation of funds HOPE VI section of the SuperNOFA

Revitalization Grants ...... $513,800,000 $513,800,000 Demolition Grants ...... 50,000,000 50,000,000 Technical Assistance ...... 10,000,000 ...... Urban Institute Study ...... 1,200,000 ......

Total ...... 575,000,000 563,800,000

(A) Revitalization Grants. (1) awarded in accordance with this HOPE paragraph (3) below of this Section Allocation of Funds. VI section of the SuperNOFA. II(A), whichever is lower. (a) Approximately $513 million of the (b) The total amount you may request (2) Total Grant Amount. You may FY 2000 HOPE VI appropriation has is limited to the sum of the amounts in submit one Revitalization grant been allocated to fund HOPE VI paragraph (2) below or the amount in application that requests up to $35 Revitalization grants and will be million. If you erroneously submit more

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00279 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9600 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices than one application, HUD will require or her license number and state of rehabilitation activities unrelated to the you to identify which application you registration on the certification. proposed HOPE VI revitalization want HUD to review. (4) Revitalization Site and Unit activities. (3) Revitalization Grant Limitations. Application Guidelines. (B) Demolition Grants. (1) Allocation (a) Total Development Cost (TDC). (a) Your application may request of Funds. TDCs are limited by the HUD-published funds for one public housing project (a) Up to $50 million of the FY 2000 TDC Cost Tables, which are issued for (i.e., a project with one development HOPE VI appropriation has been each fiscal year for the building type number). allocated to fund HOPE VI Demolition and bedroom distribution for the public (b) Your application may request grants and will be awarded in housing replacement units. Use the funds for more than one project if those accordance with this HOPE VI section of TDCs in force at the time the projects are immediately adjacent to one the SuperNOFA. SuperNOFA is published when making another or within a quarter-mile of each (b) If all of these funds are not needed your TDC calculations. The total cost of other. If you include more than one for demolition of severely distressed development, including relocation project in a single application, you must public housing, unused funds will be costs, is limited to the sum of: provide a map that clearly indicates that reallocated to fund eligible HOPE VI (i) HUD’s Total Development Costs the projects are within a quarter-mile of Revitalization applications, in rank (TDCs) up to 100 percent of HUD’s each other. order. published TDC limits for the costs of (c) Your application may request (c) HUD reserves the right to carry demolition and new construction, funds for a scattered site public housing over unused funds to the next fiscal year multiplied by the number of HOPE VI project. An application involving if they are inadequate to feasibly fund replacement units; and/or scattered site properties (regardless of the next-ranked Demolition or (ii) 90 percent of the TDC limits, whether the scattered sites are under Revitalization application. multiplied by the number of public multiple project numbers) must fall (2) Demolition Grant Limitations. housing units after substantial within a one square mile area, except (a) Demolition. You may request up to rehabilitation and reconfiguration. that you may identify a larger site if you $5,000 per unit for demolition and other (b) Community and Supportive can show that all of the targeted eligible related costs; and Services. You may request an amount scattered site units are located within (b) Relocation. You may request up to up to 15 percent of the total HOPE VI the hard edges (e.g., major highways, $3,000 in relocation costs for each unit grant to pay the costs of community and railroad tracks, lakeshore, etc.) of a that is occupied as of the date of HOPE supportive services, as described in neighborhood. VI Demolition grant application Section IV(C)(2) of this HOPE VI section (d) You may request funds for as few submission, in accordance with Section of the SuperNOFA, below. These costs or as many units as you wish in your III(C)(2)(e) of this HOPE VI section of are in addition to the TDC calculation application. HUD will review requests the SuperNOFA, below; and in paragraph (a) above. for small numbers of units on an equal (c) Extraordinary Site Costs. (c) Demolition and Site Remediation basis with requests for large numbers of (i) You may request a reasonable Costs of Unreplaced On-site Units. You units. amount to pay extraordinary site costs may request an amount necessary for (e) You may submit a Revitalization necessary to complete the proposed demolition and site remediation costs of application that targets the same project demolition. These costs are in addition units that will not be replaced on-site. that was targeted in a previously-funded to the TDC calculation in Section This cost is in addition to the TDC HOPE VI Revitalization grant. However, II(A)(3)(a) of this HOPE VI section of the calculation in subparagraph (a) above. you may not apply for new HOPE VI SuperNOFA, above. Examples of such (d) Extraordinary Site Costs. funds for units in that project that were costs include, but are not limited to: (i) You may request a reasonable funded in the previous grant, even if the extraordinary hazard abatement; amount to pay extraordinary site costs previous grant turned out to be extensive rock and/or soil removal and necessary to complete the proposed inadequate to fund all of the units replacement; removal of extensive revitalization. These costs are in originally targeted. For example, if a underground utility systems; dealing addition to the TDC calculation in project has 700 units, and you were with unusual site conditions such as paragraph (a) above. Extraordinary site awarded a HOPE VI Revitalization grant slopes, terraces, water catchments, costs may be incurred in the to revitalize 300 of those units, you may lakes, etc.; and dealing with flood plain remediation and demolition of existing submit a new Revitalization application and other environmental remediation property, as well as in the development to revitalize the remaining 400 units. issues. of new and rehabilitated units. You may not apply for supplemental (ii) Extraordinary site costs must be Examples of such costs include, but are funds to revitalize the original 300 justified and verified by an engineer or not limited to: extraordinary hazard units. architect licensed by his or her state abatement; removal or replacement of (f) You may not request HOPE VI licensing board who is not an employee extensive underground utility systems; Revitalization funds to replace units if of the housing authority or the city. The extensive rock and/or soil removal and you have previously received HOPE VI engineer or architect must provide his replacement; construction of streets and or other public housing funds to replace or her license number and state of other public improvements dealing with those same units. registration on the certification. unusual site conditions such as slopes, (g) You may use any non-public (d) Nondwelling Facilities. You may terraces, water catchments, lakes, etc.; housing funds to supplement public request reasonable amounts to pay for and dealing with flood plain and other housing funds for any project cost. demolition of significant nondwelling environmental remediation issues. (h) Your application must disclose all facilities related to the demolition of (ii) Extraordinary site costs must be prior HUD public housing grant dwelling units. These costs must be justified and verified by an engineer or assistance received for the project(s) you included as part of an application for architect licensed by his or her state have targeted for the physical funding of demolition of public housing licensing board who is not an employee revitalization related to the proposed units; you may not apply for them by of the housing authority or the city. The revitalization activities. Do not include themselves. Examples of such costs engineer or architect must provide his Modernization funds used for prior include, but are not limited to, the

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00280 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9601 demolition of heating plants, construction of the severely distressed (c) Is otherwise determined by HUD to community buildings, or streets. Such project. be capable of carrying out a costs must also be verified by an (5) You may request Section 8 revitalization program. engineer or architect, as described in assistance for all units covered under a (C) Eligible Activities. (1) Eligible subparagraph (c)(ii) above. HOPE VI Revitalization or Demolition Revitalization Activities. HOPE VI (3) Demolition Site and Unit application that will not be replaced Revitalization grants may be used for Application Guidelines. (a) You may with hard units. activities to carry out revitalization submit multiple HOPE VI Demolition (D) Technical Assistance. The FY programs for severely distressed public grant applications. 2000 appropriation for HOPE VI housing in accordance with section (b) You may target units in only one allocated $10 million to provide 24(d) of the 1937 Act. The following is public housing project per application. Technical Assistance in the planning, a list of activities that are eligible using (c) You may submit more than one development, and implementation of HOPE VI Revitalization grant funds. application targeting units in a single the HOPE VI program. Those funds will Other activities may also be eligible at housing project. be administered by the Office of Public future dates as Congress may authorize. (d) You may request funds for as Housing Investments. If HOPE VI Revitalization grant funds many or as few units in an application (E) Urban Institute Study. The FY are used for any of the following as you wish. activities, you must conduct them in (e) You may request Demolition grant 2000 HOPE VI appropriation allocated $1.2 million to the Urban Institute to accordance with the following program funds in combination with a previously- requirements. awarded Revitalization grant or an FY conduct an independent study on the long-term effects of the HOPE VI (a) Demolition of buildings (dwelling 2000 Revitalization grant application, in units and nondwelling facilities), in accordance with Section VII(A)(1) (d) program on former residents of distressed public housing whole or in part, including the and (e) of this HOPE VI section of the abatement of environmentally developments. HUD will execute a SuperNOFA, below. The requested hazardous materials such as asbestos. contract for this study with the Urban HOPE VI Demolition grant funds, in Section 24(g) of the 1937 Act provides Institute in a separate action. combination with HOPE VI that severely distressed public housing Revitalization grant funds, may not III. Program Description; Eligible demolished pursuant to a Revitalization exceed the TDC limit as provided in Applicants; Eligible Activities Plan is not subject to the provisions of Section (II)(A)(3)(a), above. (A) Program Description. The HOPE section 18 of the 1937 Act or regulations (C) Section 8. (1) If you will need at 24 CFR part 970. Instead, if you are VI Program through its revitalization Section 8 assistance in order to carry out selected to receive a HOPE VI funding component assists PHAs in necessary relocation in conjunction Revitalization grant, HUD will use improving the living environment for with proposed revitalization or information in your HOPE VI public housing residents of severely demolition, you must state the number Revitalization application to determine distressed public housing projects of certificates needed in your HOPE VI whether the proposed demolition can be through the demolition, rehabilitation, application and include a completed approved. If you are not selected to reconfiguration, or replacement of Section 8 Application (HUD–52515) receive a HOPE VI Revitalization grant, obsolete public housing projects (or with your HOPE VI application. The the information in your application will portions thereof), in revitalizing sites in Section 8 Application Form is appended not be used to process a request for which public housing sites are located, to this HOPE VI section of the demolition. Please note that demolition and providing housing that avoids or SuperNOFA, and also can be found in is not a required element of a HOPE VI decreases the concentration of very low- the HOPE VI Application Kit and Revitalization application. through HUDCLIPS income families. The demolition (b) Disposition of a severely distressed (www.hudclips.org). If you are selected funding component of the HOPE VI public housing site, by sale or lease, in for HOPE VI funding, the HUD Field Program enables PHAs to expedite the whole or in part, in accordance with Office will detach the Section 8 demolition of severely distressed public section 18 of the 1937 Act and application and process it in accordance housing units. implementing regulations at 24 CFR part with Section 8 Guidelines. HUD will (B) Eligible Applicants. In accordance 970. A long term lease of one year or award Section 8 assistance needed for with section 24(j) of the 1937 Act, the more which is not incident to the HOPE VI sites after the HOPE VI term ‘‘applicant’’ means: normal operation of the development is selections have been made and the (1) Any PHA that is not designated as considered a disposition. Revitalization Plan is approved. ‘‘troubled’’ pursuant to section 6(j)(2) of (c) Rehabilitation, redesign, or (2) If you have already applied for the 1937 Act; reconfiguration of a severely distressed Section 8 assistance for the targeted (2) Any PHA for which a private public housing project, including the units, you will submit a copy of your housing management agent has been site on which the project is located, in Section 8 application with your HOPE selected, or a receiver has been accordance with 24 CFR part 968 or VI application. appointed, pursuant to section 6(j)(3) of successor part, as applicable. (3) If you have previously received the 1937 Act; and (d) New construction of public Section 8 assistance to relocate residents (3) Any PHA that is designated as housing replacement rental housing, from the targeted severely distressed ‘‘troubled’’ pursuant to section 6(j)(2) of both on-site and off-site, in accordance units, you may still apply for a HOPE the 1937 Act and that: with 24 CFR part 941 or successor part, VI Revitalization grant to physically (a) Is designated as troubled including mixed-finance development replace those same units or a HOPE VI principally for reasons that will not in accordance with subpart F. Demolition grant to demolish the units affect its capacity to carry out a (e) Appropriate replacement without replacement. revitalization program; homeownership assistance for displaced (4) You may request Section 8 (b) Is making substantial progress public housing residents or other public assistance to provide either temporary toward eliminating the deficiencies of housing-eligible low-income families. or permanent relocation to families the agency that resulted in its troubled Consistent with the general during the demolition, rehabilitation, or status; or programmatic requirements set forth in

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00281 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9602 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

24 CFR part 906 and subject to the 80 associated with developing retail/ (i) You may request up to $3,000 for percent of Area Median Income (AMI) commercial/office facilities. HOPE VI each family to be displaced by the low-income family limitations under the grant funds may not be used to pay hard demolition to carry out relocation 1937 Act, assistance may include: development costs or to buy equipment activities. HUD recognizes that it is as (i) Downpayment or closing cost for retail or commercial facilities. important to provide relocating families assistance; (m) Leveraging other resources, with such services in demolition-only (ii) Provision of second mortgages; including additional housing resources, situations as to provide such services in and/or retail supportive services, jobs, and connection with HOPE VI revitalization (iii) Construction or permanent other economic development uses on or grants. You are encouraged to partner financing for new construction, near the project that will benefit future with other agencies, using alternative acquisition, or rehabilitation costs residents of the site. funding, for further assistance in related to homeownership replacement (n) Relocation, including reasonable achieving relocation objectives. units. moving expenses, for residents (ii) The goals of your relocation plan (f) Acquisition of rental replacement displaced as a result of the revitalization must include helping families to fully units in existing or new apartment of the project. understand the choices open to them for buildings, single family subdivisions, (i) Relocation carried out as a result of alternative housing throughout the etc., with or without rehabilitation, in rehabilitation under a Revitalization jurisdiction, to secure units in accordance with 24 CFR part 941 or Plan is subject to the Uniform neighborhoods of their choice, to successor part. Relocation Assistance and Real Property participate in programs that will lead to (g) Public housing development Policies Act (42 U.S.C. 4601 et seq.; 49 self-sufficiency, to acquire the skills to through the acquisition of land in CFR part 24) (URA) and regulations at live in the selected community, and accordance with 24 CFR part 941 or 24 CFR 968.108 or successor part. sustain their new living arrangement for successor part. the foreseeable future. Programs should (h) Major rehabilitation, other (ii) Relocation carried out as a result be designed to smooth the transition physical improvements, or new of acquisition under a Revitalization from public to private rental housing, construction of community facilities Plan is subject to the URA and both for relocatees and for members of primarily intended to facilitate the regulations at 24 CFR 941.207 or their new communities. The Office of delivery of community and supportive successor part. Public Housing Investments is services for residents of the targeted (iii) Relocation carried out as a result developing relocation guidance that will development and residents of off-site of disposition under a Revitalization pertain to these relocation activities. replacement housing. Plan is subject to section 18 of the 1937 (i) Necessary management Act as amended. (iii) Services should include improvements, including transitional (iv) Relocation carried out as a result providing one-on-one move counseling, security activities. of demolition under a Revitalization providing a reasonable time between (j) Reasonable costs for Plan is subject to the URA. notification and date to vacate units, administration, planning, technical (o) Rental assistance under Section 8. and ensuring that Section 8 housing assistance, and fees and costs which are (2) Eligible Demolition Activities. The complies with the Section 8 deemed to be incremental costs of following is a list of specific activities requirements regarding lead-based paint implementing the development as that are eligible using HOPE VI and other hazardous materials. If specifically approved by HUD, such as Demolition grant funds. If HOPE VI necessary, HOPE VI funds may be used fees for architectural and engineering Demolition grant funds are used for any to modify Section 8 relocation units to work, program management (if any), and of the following activities, you must make them accessible for residents with reasonable legal fees. Please note that conduct them in accordance with the disabilities. your project will be subject to HUD following program requirements. (iv) Relocation not pursuant to a guidance and policies on soft costs (a) Demolition of dwelling units in HOPE VI Revitalization Plan that is when issued. buildings, in whole or in part, including carried out in conjunction with a (k) Community and supportive the abatement of environmentally Section 18 demolition application is services, including all activities that hazardous materials such as asbestos, in subject to the requirements of the URA will promote upward mobility, self- accordance with section 18 of the 1937 and section 18 of the 1937 Act. sufficiency, and improved quality of life Act as amended. (v) Relocation not pursuant to a HOPE for the residents of the public housing (b) Demolition of nondwelling VI Revitalization Plan that is carried out project involved, including literacy facilities, if demolition is directly as a result of demolition in conjunction training, job training, day care, related to the demolition of dwelling with a Mandatory Conversion Plan transportation, and economic units. approved by HUD in accordance with development activities, as further (c) Minimal site restoration after 24 CFR part 971 is subject to the described in Section IV(C)(2) of this demolition and subsequent site requirements of the URA. HOPE VI section of the SuperNOFA, improvements to benefit the remaining (vi) Relocation as a result of below. portion of the project in order to provide demolition pursuant to a HOPE VI (l) Economic development activities project accessibility or to make the site Revitalization Plan approved by HUD is that promote the economic self- more marketable. subject to the URA. sufficiency of residents under the (d) Reasonable costs for IV. Program Requirements revitalization program, including the administration, planning, technical costs of land acquisition for economic assistance, and fees and costs which are (A) HOPE VI Application development-related activities deemed to be incremental costs of Requirements. In addition to the Fair (provided the PHA enters into a long- carrying out the demolition as Housing requirements provided in term ground lease to govern the specifically approved by HUD. Section II(B) of the General Section of development and use of such land is (e) Relocation and other assistance this SuperNOFA, your HOPE VI consistent with HUD requirements), and related to the permanent relocation of application must comply with the infrastructure and site improvements families. following program requirements:

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00282 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9603

(1) Severe Distress. The targeted related to Fair Housing (e.g., Title VI of (b) Demolition Grants. HUD- public housing project or building in a the Civil Rights Act of 1964, the Fair determined wage rates apply to project must be severely distressed. In Housing Act, and section 504 of the demolition followed only by filling in accordance with section 24(j)(2) of the Rehabilitation Act of 1973) that affects the site and establishing a lawn. 1937 Act, the term ‘‘severely distressed your public housing program and that is (c) Under section 12 of the 1937 Act, public housing’’ means a public housing in effect on the date of application wage rate requirements do not apply to project (or building in a project) that: submission. individuals who: (a) Requires major redesign, (5) Flood Insurance. In accordance (i) Perform services for which they reconstruction or redevelopment, or with the Flood Disaster Protection Act volunteered; partial or total demolition, to correct of 1973 (42 U.S.C. 4001–4128), your (ii) Do not receive compensation for serious deficiencies in the original application may not propose to provide those services or are paid expenses, design (including inappropriately high financial assistance for acquisition or reasonable benefits, or a nominal fee for population density), deferred construction (including rehabilitation) the services; and maintenance, physical deterioration or of properties located in an area (iii) Are not otherwise employed in obsolescence of major systems, and identified by the Federal Emergency the work involved (24 CFR part 70). other deficiencies in the physical plant Management Agency (FEMA) as having (d) If other Federal programs are used of the project; special flood hazards, unless: in connection with your HOPE VI (b) Is a significant contributing factor (a) The community in which the area activities, labor standards requirements to the physical decline of and is situated is participating in the apply to the extent required by the other disinvestment by public and private National Flood Insurance program (see Federal programs on portions of the entities in the surrounding 44 CFR parts 59 through 79), or less project that are not subject to Davis- neighborhood; than one year has passed since FEMA Bacon rates under the Act. (c)(i) Is occupied predominantly by notification regarding such hazards; and (4) Section 3. Grantees must comply families who are very low-income (b) Where the community is with the requirements of section 3 of the families with children, are unemployed, participating in the National Flood Housing and Urban Development Act of and dependent on various forms of Insurance Program, flood insurance is 1968 (12 U.S.C. 1701u) (Employment public assistance; or obtained as a condition of execution of Opportunities for Lower Income Persons (ii) Has high rates of vandalism and a Grant Agreement and approval of any in Connection with Assisted Projects) criminal activity (including drug-related subsequent demolition or disposition and its implementing regulation at 24 criminal activity) in comparison to other application. CFR part 135, including the reporting housing in the area; (6) Coastal Barrier Resources Act. In requirements of subpart E. Section 3 (d) Cannot be revitalized through accordance with the Coastal Barrier requires that, to the greatest extent assistance under other programs, such Resources Act (16 U.S.C. 3501), your feasible, HOPE VI Grantees ensure that as the program for capital and operating application may not target properties in training, employment, and other assistance for public housing under the the Coastal Barrier Resources System. economic opportunities will be directed Act, or the programs under sections 9 (B) HOPE VI Post-Award to low- and very low-income persons, and 14 of the 1937 Act (as in effect Requirements. If you are selected for particularly those who are recipients of before the effective date under section funding, in addition to the Fair Housing government assistance for housing, and 503(a) of the Quality Housing and Work requirements provided in Sections II(C) business concerns which provide Responsibility Act of 1998 (Pub. L. 105– and (D) of the General Section of this economic opportunities to low-and very 276, approved October 21, 1998, SuperNOFA, your HOPE VI program low-income persons. More information referred to as the Public Housing Reform must comply with the following about Section 3 can be found at the Act), because of cost constraints and requirements: following HUD website—www.hud.gov/ inadequacy of available amounts; and (e) In the case of individual buildings, (1) Internet Access. Grantees must fhe/sec3over.html. is sufficiently separated from the have access to the Internet and provide (5) MBE/WBE. Grantees must adopt remainder of the project of which the HUD with email addresses of key staff the goal of awarding a specified building is part to make use of the and contact people. percentage of the dollar value of the building feasible for revitalization; or (2) Program Income. Grantees that total of the HOPE VI contracts to be (f) That was a project described in expect to receive program-related awarded during subsequent fiscal years paragraphs (a) through (e) above of this income prior to grant closeout (e.g., to minority business enterprises and Section IV(A) that has been legally from sale of homeownership take appropriate affirmative action to vacated or demolished, but for which replacement units or the disposition of assist resident-controlled and women’s HUD has not yet provided replacement improved land), must reflect this business enterprises, in accordance with housing assistance (other than tenant- income in their HOPE VI budgets, use the requirements of Executive Orders based assistance). the program income before requesting 11246, 11625, 12432, and 12138. (2) Appropriateness. In accordance additional cash payments from the (6) OMB Circulars and Administrative with section 24(e)(1) of the 1937 Act, an HOPE VI grant, and use the program Requirements. Grantees and their team application for any HOPE VI grant must income for program purposes, in members must comply with the demonstrate the appropriateness of the accordance with 24 CFR 85.25 and the following administrative requirements proposal in the context of the local HOPE VI Grant Agreement. related to the expenditure of Federal housing market relative to other (3) Labor Standards. (a) Revitalization funds. OMB Circulars can be found at alternatives. Grants. Davis-Bacon or HUD- www.whitehouse.gov/omb/grants/ (3) Litigation. You may not have any determined wage rates apply to index.htmlιcirculars. The Code of litigation pending which would development or operation of revitalized Federal Regulations can be found at preclude timely startup of activities. housing to the extent required under www.access.gpo.gov/nara/cfr/ (4) Desegregation Orders. You must be section 12 of the 1937 Act. Davis-Bacon index.html. in full compliance with any wage rates apply to demolition followed (a) Administrative requirements desegregation or other court order by construction on the site applicable to PHAs are:

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00283 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9604 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(i) 24 CFR part 85 (Administrative accordance with the provisions of 24 (e) In accordance with the Grant Requirements for Grants and CFR part 50. After selection by HUD for Agreement, the costs of environmental Cooperative Agreements to State, Local Joint Review, you must provide any reviews and hazard remediation are and Federally Recognized Indian Tribal documentation to the responsible entity eligible costs under the HOPE VI Governments), as modified by 24 CFR (or HUD, where applicable) that is Program. part 941 or successor part, subpart F, needed to perform the environmental (8) Lead-Based Paint Testing and relating to the procurement of partners review. Hazard Reduction. All property assisted in mixed finance developments, except (b) If you are selected for funding, you under a HOPE VI grant is covered by the when inconsistent with the provisions must have a Phase I environmental site Lead-Based Paint Poisoning Prevention of the FY 2000 HUD Appropriations Act assessment completed in accordance Act (24 U.S.C. 4821 et seq. and or other applicable Federal statutes. with the American Society for Testing regulations at 24 CFR part 35 and 24 Requests for Proposals (RFPs) and and Material (ASTM) Standards E 1527– CFR part 965, subpart H, as they may be Requests for Qualifications (RFQs) must 97, as amended, for each affected site. amended from time to time, and 24 CFR reflect pertinent language from the A Phase I assessment is required 968.110(k) or successor part. HOPE VI section of this SuperNOFA; whether the environmental review is (C) Revitalization Application e.g., seeking diversity, accessibility, fair completed under 24 CFR part 50 or 24 Requirements. Your HOPE VI housing requirements, etc. CFR part 58. The results of the Phase I Revitalization application must comply (ii) OMB Circular A–87 (Cost assessment must be included in the with the following requirements: Principles for State, Local and Indian documents that must be provided to the (1) Public Meetings. (a) General Tribal Governments); responsible entity (or HUD) for the Requirements. (i) You must conduct at (iii) 24 CFR 85.26 (audit environmental review. If the Phase I least one training session for residents requirements). assessment recognizes environmental on the HOPE VI development process (b) Administrative requirements concerns or if the results are and at least three public meetings with applicable to non-profit organizations inconclusive, a Phase II environmental residents and the broader community to are: site assessment will be required. You involve them in a meaningful way in the (i) 24 CFR part 84 (Grants and may not carry out activities with respect process of planning the revitalization Agreements with Institutions of Higher to the Development, or with respect to and preparing the application. Education, Hospitals, and other Non- any off-site replacement public housing, (ii) At least two meetings must be Profit Organizations); until HUD has approved a request for held after the publication date of this (ii) OMB Circular A–122 (Cost release of funds or has completed an HOPE VI NOFA, one of which must be Principles for Non-Profit Organizations): environmental review on each affected held after the plan which will form the (iii) 24 CFR 84.26 (audit site, in accordance with either 24 CFR basis of the application is established, requirements). part 58 or 24 CFR part 50. so that residents and the community are (c) Administrative requirements fully informed about the basics of the applicable to for profit organizations (c) If the environmental review is completed before HUD approval of the proposed Revitalization Plan. are: (iii) As practical and applicable, the (i) 24 CFR part 84 (Grants and HOPE VI Revitalization Plan (RP) and you have submitted your Request for meetings should be conducted in Agreements with Institutions of Higher English and the language(s) most Education, Hospitals, and other Non- Release of Funds (RROF), the RP approval letter shall state any appropriate for the community. Profit Organizations); (iv) You must ensure that meeting conditions, modifications, prohibitions, (ii) 48 CFR part 31 (contract cost places are accessible for persons with etc. as a result of the environmental principles and procedures); disabilities. review, including the need for any (iii) 24 CFR 84.26 (audit (b) Issues to be Discussed. You must further environmental review. You must requirements). cover all of the following issues during carry out any mitigating/remedial (7) Environmental Review. (a) If you the course of the three public meetings: are selected for funding, the responsible measures required by HUD, or select an (i) The HOPE VI planning and entity, as defined in 24 CFR 58.2(a)(7), alternate eligible property, if permitted implementation process; must assume the environmental review by HUD. If the remediation plan is not (ii) The proposed physical plan, responsibilities for projects being approved by HUD and a fully-funded including site and unit design; funded by HOPE VI. If you object to the contract with a qualified contractor (iii) The extent of proposed responsible entity conducting the licensed to perform the required type of demolition; environmental review, on the basis of remediation is not executed, HUD (iv) Planned community and performance, timing or compatibility of reserves the right to determine that the supportive services; objectives, HUD will review the facts grant is in default. (v) Other proposed revitalization and determine who will perform the (d) If the environmental review is not activities; environmental review. At any time, completed and/or you have not (vi) Relocation issues, including HUD may reject the use of a responsible submitted the RROF before HUD relocation planning, mobility entity to conduct the environmental approval of the RP, the RP approval counseling, and maintaining the HOPE review in a particular case on the basis letter will instruct you to refrain from VI community planning process during of performance, timing or compatibility undertaking, or obligating or expending the demolition and reconstruction of objectives, or in accordance with 24 funds on, physical activities or other phases where temporary relocation is CFR 58.77(d)(1). If a responsible entity choice-limiting actions, until HUD involved; objects to performing an environmental approves your RROF and the related (vii) reoccupancy plans and policies, review, or if HUD determines that the certification of the responsible entity (or including site-based waiting lists; and responsible entity should not perform HUD has completed the environmental (viii) Section 3 and employment the environmental review, HUD may review). The RP approval letter also will opportunities to be created as a result of designate another responsible entity to advise you that the approved RP may be redevelopment activities. conduct the review or may itself modified on the basis of the results of (2) Community and Supportive conduct the environmental review in the environmental review. Services. (a) General. Each HOPE VI

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00284 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9605

Revitalization application must propose a non-competitive procurement under achieve long-term self-sufficiency, community and supportive service 24 CFR 85.36(d)(4). particularly persons enrolled in welfare- (CSS) programs that are designed to (c) Requirements of Community and to-work programs. To that end, it is help residents achieve self-sufficiency, Supportive Services Programs. (i) crucial that local welfare agencies and upward mobility, economic Community and Supportive Services workforce development agencies are independence with sustainable ‘‘living (CSS) program objectives must be active members of your HOPE VI wage’’ jobs, educational achievement, results-oriented, with quantifiable goals partnership. Many HOPE VI residents and improved quality of life for the and outcomes that can be used to are directly affected by Temporary maximum number of public housing measure progress, make changes in the Assistance to Needy Families (TANF), residents in the existing project and in program as necessary, and demonstrate making these self-sufficiency efforts the revitalized community. This section the success of the program. critical to their success. lists the requirements for CSS programs, (ii) CSS activities must be developed (xi) CSS activities must be well the kinds of programs that should be in response to a rigorous resident needs integrated with the physical included in your CSS plan, and the identification process and directly development process, both in terms of types of organizations that you should respond to the identified needs. timing and the provision of facilities to consider when developing your CSS (iii) CSS programs must be of an house on-site service and educational team, creating partnerships, and appropriate scale, type, and variety to programs. developing resources to fund your CSS meet the needs of all residents (d) CSS Programs and Activities may programs. You will refer to this section (including adults and children) of the include, but are not limited to: of the NOFA when describing your CSS severely distressed project, including (i) Education programs that promote Capacity and Experience (Rating Factor residents remaining on-site, residents learning and serve as the foundation for 1(2)), Quality of CSS Plan (Rating Factor who will relocate permanently to other young people from infancy through high 3(6)), and CSS Resources (Rating Factor PHA units or Section 8 housing, school graduation, helping them to 4(2)). residents who will relocate temporarily succeed in academia and the (b) Subgrant Agreements. (i) If you during the construction phase, and new professional world. Such programs, wish to form a formal partnership with residents of the revitalized units. which include after school programs, a private nonprofit agency(ies) for the (iv) Non-public housing residents may mentoring, and tutoring, must be provision of specific CSS programs or also participate in CSS programs, as created with strong partnerships with activities, you may do so by entering long as the primary users of the public and private educational into a subgrant agreement with the programs are residents as described in institutions. selected agency(ies). subparagraph (iii) above. (ii) Adult educational activities, (ii) While you are not required to (v) Your plan must include including remedial education, literacy undertake a competitive procurement procedures to track HOPE VI site training, tutoring for completion of under 24 CFR part 85 to select a residents who relocate to alternative secondary or post-secondary education, subgrantee, HUD nevertheless requires housing to assure that everything assistance in the attainment of your assurance that you have: possible is done to support them to certificates of high school equivalency, (A) evaluated alternative service become self-sufficient and live and English as a Second Language providers for the specific services to be successfully in the alternative housing courses, as needed. provided, of their choice. (iii) Job readiness and retention (B) selected the entity that you (vi) CSS programs such as life skills programs which frequently are key to reasonably believe will most effectively training must be designed to begin securing private sector commitments to provide such services, and promptly after grant award so that the provision of jobs. (C) ensured that the amount to be residents who will be relocated have (iv) Employment training programs awarded under the subgrant agreement time to participate and benefit from that include results-based job training, is consistent with the cost principles of such programs before leaving the site. preparation, counseling, development, OMB Circular A–87. (vii) Resident training programs must placement, and follow-up assistance (iii) HUD encourages you to leverage begin promptly after grant award and after job placement. your HOPE VI grant funds by selecting Section 3 firms must be in place quickly (v) Life skills training on topics such subgrantees that will provide, in so that residents are trained in time to as parenting, consumer education, and addition to the agreed upon fee-for- take advantage of employment family budgeting, aided by the creation service amount, in-kind services on a opportunities such as jobs and other and operation of on-site credit unions. gratis basis (e.g., leased space at no cost, contractual opportunities in the pre- (vi) Motivational and self- etc.). development, demolition, and empowerment training. (iv) The selected nonprofit subgrantee construction phases of the (vii) Homeownership counseling that must comply with the requirements of revitalization. is designed so that services can begin 24 CFR part 84. (viii) Modern computer technology promptly after grant award so that, to (v) You may not enter into a subgrant must be integrated into the education the maximum extent possible, qualified agreement with a for-profit entity or program. residents will be ready to purchase new community and supportive services (ix) CSS activities must be homeownership units when they are coordinator. Instead, you must conduct coordinated with the efforts of other completed. a competitive procurement for the service providers in your locality, (viii) Health care services. services of such entities under 24 CFR including non-profit organizations, (ix) Substance/alcohol abuse part 85. However, if you can educational institutions, and state and treatment and counseling. demonstrate that the services to be local programs. (x) Domestic violence prevention. provided by the proposed for-profit (x) CSS activities must be consistent (xi) Child care services which provide entity or by the proposed community with state and local welfare reform sufficient hours of operation for parents and supportive services coordinator can requirements and goals. The social and to achieve self-sufficiency goals; serve be obtained only from that source, you learning environment must encourage appropriate ages as needed to facilitate may request HUD approval to carry out and enable low-income residents to parental access to education and job

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00285 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9606 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices opportunities; and stimulate children to (vi) Organizations that provide HOPE VI grant amount (the maximum learn. residents with job readiness and amount of the grant allowable for CSS (xii) Transportation as necessary to retention training and support. programs) in an endowment trust to enable all family members to participate (vii) Economic development agencies provide community and supportive in available CSS programs and/or to such as the Small Business services over such period of time as you commute to their places of employment. Administration, which provide determine. The amount you request will (xiii) Entrepreneurship training and entrepreneurial training and small be provided to you by HUD in a lump mentoring, with the goal of establishing business development centers. sum. Funds must be invested in a wise resident-owned businesses. (viii) Where applicable, and prudent manner, i.e., funds may be (e) CSS Partnerships and Resources. Empowerment Zone and Enterprise invested in deposits, certificates of The following is a list of the kinds of Community Boards. deposit, and other types of securities organizations and agencies that can (ix) Programs that integrate that are deposited in an account insured provide your CSS program with in-kind, employment training, education, and by the United States of America. financial, and other types of resources counseling and where creative Endowment funds (together with any necessary to carry out and sustain your partnerships with local boards of interest earned) may only be used for CSS program. education, state charter schools, TANF, eligible and necessary CSS programs (i) Local Boards of Education, public foundations, and private funding pursuant to Section III(C)(1)(k), above, libraries, local community colleges, sources have been or could be of this HOPE VI section of the institutions of higher learning, non- established, such as: SuperNOFA. You may use amounts in profit or for-profit educational (A) Youthbuild (www.hud.gov:80/ an endowment trust in conjunction with institutions and public/private cpd/econdev/ythhome.html) other amounts donated or otherwise mentoring programs that will lead to (B) Step-Up (www.hud.gov:80/ made available to the trust for similar new or improved educational facilities progdesc/stepup.html) purposes. and improved educational achievement (C) AmeriCorps (www.cns.gov/ (D) Revitalization Post-Award of young people in the revitalized americorps) See Section VI(B) of the Requirements. If you are selected for development, from birth through higher General Section of this SuperNOFA for funding, your HOPE VI Revitalization education. more information on AmeriCorps. program must comply with the (ii) Programs that support HUD’s (x) Sources of capital such as following requirements: Bridging the Digital Divide policy foundations, banks, and charitable, (1) Match. (a) Overall Match. In initiative, as described in Section VI(F) fraternal, and business organizations. accordance with section 24(c) of the of the General Section, such as (xi) TANF Agencies/welfare 1937 Act, if you are selected for Neighborhood Networks Centers, which departments. funding, you must supplement your provide on-site access to computer and (xii) Non-profit organizations such as HOPE VI Revitalization grant with funds training resources. These Centers, the Girl Scouts and the Urban League, from other sources equal to not less than originally designed for HUD-insured both of which have Memoranda of 5 percent of the HOPE VI funds and HUD-assisted properties, have Agreement (MOA) with HUD. Copies of provided. You will make this helped hundreds of residents improve MOAs can be found on the HOPE VI certification by signing the HOPE VI computer technology skills which in Home Page (www.hud.gov/pih/ Revitalization Applicant Certifications. turn has increased job and education programs/ph/hope6/hope6.html). The certification form is included in the opportunities. If you are awarded a (xiii) Civil rights organizations. HOPE VI Application Kit, and the text HOPE VI Revitalization grant, you will (xiv) Local area agencies on aging, if of the certifications is included as be required to adapt the Neighborhood applicable. Appendix A to this HOPE VI section of Networks Initiative to your HOPE VI (xv) Local agencies and organizations the SuperNOFA, below. project. HUD will make technical serving persons with disabilities. (b) Additional Community and assistance available to each PHA where (xvi) Faith-based organizations. Supportive Services Match. In addition needed. More information on the (xvii) Federal, state, and local crime to supplemental amounts provided in requirements of the Neighborhood prevention programs and policy efforts, accordance with subparagraph (a) Network Center Program is available on such as: above, if you are selected for funding the Neighborhood Networks website (A) Local law enforcement agencies; and propose to use more than 5 percent (www.hud.gov/nnw/nnwindex.html). (B) Your local United States Attorney; of your HOPE VI grant for community (iii) National corporations, local (C) HUD’s ‘‘One Strike and You’re and supportive services (you may use businesses, and other large institutions Out’’ (www.hud.gov:80/progdesc/ up to 15 percent of your grant for such such as hospitals that can commit to 1strike.html); services), you must certify that you will provide entry-level jobs. Employers may (D) HUD’s ‘‘Officer Next Door’’ provide supplemental funds from agree to train residents or commit to initiative (www.hud.gov:80/ond/ sources other than HOPE VI in an hire residents after they complete jobs ond.html); amount equal to not less than 5 percent preparedness or training programs that (E) The local the Department of of the HOPE VI funds budgeted for are provided by you, other partners, or Justice ‘‘Weed and Seed’’ Program task community and supportive services. the employer itself. Such private sector force (if the targeted project is located in You will make this certification by and non-profit partners must be given a designated Weed and Seed area) signing the HOPE VI Revitalization the opportunity to participate in the (www.ojp.usdoj.gov/eows); Applicant Certifications. The development of your CSS programs to (F) HUD’s ‘‘Operation Safe Home’’ certification form is included in the assure that they will result in adequate Program; and HOPE VI Application Kit, and the text training to prospective employees. (G) HUD’s Drug Elimination of the certifications is included as (iv) Job development organizations Programs. Appendix A to this HOPE VI section of which link private sector or non-profit (f) Endowment Trust for Community the SuperNOFA, below. employers with low-income prospective and Supportive Services. In accordance (c) Matching Funds. In accordance employees. with Section 24(d)(2) of the 1937 Act, with section 24(c)(2) of the 1937 Act, in (v) Workforce Development Agencies. you may deposit up to 15 percent of the calculating the amount of supplemental

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00286 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9607 funds provided by a Grantee for (d) In accordance with section 24(i) of (f) There must not be any purposes of subparagraphs (a) and (b) the 1937 Act, if you do not proceed environmental factors such as sewer above, you may include amounts from within a reasonable timeframe, as moratoriums that would preclude other Federal sources, any State or local described in paragraphs (a) through (c) development in the requested locality. government sources, any private above, HUD shall withdraw any grant (5) Environmental Justice. Executive contributions, the value of any donated amounts that you have not obligated. Order 12898 requires that public material or building, the value of any HUD shall redistribute any withdrawn housing may be developed only in lease on a building, the value of the time amounts to one or more other applicants environmentally sound and desirable and services contributed by volunteers, eligible for HOPE VI assistance or to one locations that will avoid and the value of any other in-kind or more other entities capable of disproportionately high and adverse services or administrative costs proceeding expeditiously in the same environmental effects on minority and provided. Other Federal sources may locality in carrying out the low-income communities. include funds provided by the MROP, Revitalization Plan of the original (E) Demolition Application Comprehensive Grant, CIAP, or Public Grantee. Requirements: Eligible Units. Severely Housing Capital Fund Programs or other (4) Building Standards. (a) All distressed public housing units to be HUD-provided public housing funds, activities that include construction, demolished with HOPE VI Demolition including funds derived from program rehabilitation, lead-based paint removal, grant funds must meet one of the income. and related activities must meet or following criteria: (2) Replacement Units. (a) Rental exceed local building codes. (1) Units targeted in an approved or units will be deemed to be public (b) New construction must comply submitted Conversion Plan (i.e., a plan housing replacement units and qualify with the latest HUD-adopted Model for removal of units from the public for operating subsidy only if: Energy Code issued by the Council of housing inventory in accordance with (i) The units, when combined with American Building Officials. In the requirements at 24 CFR 971.7(b)). any proposed homeownership addition, HUD encourages you to set Refer to Section VII(A)(1)(a) and (b), replacement units, if any, do not exceed higher standards for energy and water below, of this HOPE VI section of the the total number of units demolished efficiency in HOPE VI new construction, SuperNOFA. (2) Units targeted in an application for and/or disposed of at the targeted which can achieve utility savings of 30 demolition which was developed in severely distressed project; and to 50 percent with minimal extra cost. (ii) The units are to be placed under accordance with section 18 of the 1937 Upon request, HUD will provide Annual Contributions Contract and Act, as amended, and approved by HUD technical assistance and training in operated as public housing units. by the HOPE VI Demolition application design and financing to assist your (b) Homeownership units will be deadline. Refer to Section VII(A)(1)(c), authority, architects, and contractors in deemed replacement units only if they, below, of this HOPE VI section of the improving resource efficiency. when combined with ACC rental units, SuperNOFA. do not exceed the total number of units (c) HUD encourages you to design (3) Units that were targeted for demolished and/or disposed of at the programs that incorporate sustainable demolition in a previously-approved targeted severely distressed project and construction and demolition practices, HOPE VI Revitalization application, in otherwise meet the requirements listed such as the dismantling or accordance with Section VII(A)(1)(d), in Section III(C)(1)(e), above, of this ‘‘deconstruction’’ of public housing below, of this HOPE VI section of the HOPE VI section of the SuperNOFA. units, recycling demolition debris, and SuperNOFA, where the use of (c) HOPE VI funds may not be used reusing salvage materials in new additional demolition funds will not to develop market rate units or construction. For articles on the concept result in exceeding TDC. affordable housing units which do not of deconstruction, go to the U.S. Forest (4) Units that are included in an FY qualify as public housing or Service website (www.fpl.fs.fed.us/ 2000 HOPE VI Revitalization homeownership replacement units, as query.asp) and enter deconstruction as application, in accordance with Section described in subparagraphs (a) and (b) the search term. VII(A)(1)(e), below, of this HOPE VI above. (d) Your new construction must section of the SuperNOFA, where the (3) Timeliness of Construction. (a) If comply with the accessibility standards use of additional demolition funds will you are selected for funding, you must of the Fair Housing Act, section 504 of not result in exceeding TDC. proceed within a reasonable timeframe, the Rehabilitation Act of 1973, the (F) Demolition Post-Award as indicated below. In determining Americans with Disabilities Act of 1990, Requirements. If you are selected for reasonableness of such timeframe, HUD and the Architectural Barriers Act of funding, your HOPE VI Demolition will take into consideration those delays 1968. program must comply with the caused by factors beyond your control. (e) HUD encourages you to use PATH following requirements: (b) You must enter into a binding technologies in the construction and (1) Timeliness of Demolition. (a) If Development Agreement within 12 delivery of replacement housing. PATH you are selected for funding, you must months from the date of HUD’s approval (Partnership for Advancing Technology complete the proposed demolition of the Revitalization Plan (RP), as in Housing) is a voluntary initiative that within a reasonable timeframe, which is described in Section VIII(A)(4) of this seeks to accelerate the creation and two years from the date of Grant HOPE VI section of the SuperNOFA, widespread use of advanced Agreement execution. HUD will take below. This time period may not exceed technologies to radically improve the into consideration delays caused by 18 months from the date the Grant quality, durability, environmental factors beyond your control when Agreement is executed. performance, energy efficiency, and enforcing this requirement. (c) You must complete construction affordability of our Nation’s housing. (b) In accordance with section 24(i) of within 48 months from the date of Further information about PATH can be the 1937 Act, if you do not proceed HUD’s approval of the RP. This time found in Section VI.(E) of the General within a reasonable timeframe, in the period for completion may not exceed Section of this SuperNOFA and on the determination of HUD, HUD shall 54 months from the date the Grant PATH website (www.pathnet.org/about/ withdraw any grant amounts that you Agreement is executed. about.html). have not obligated. HUD shall

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00287 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9608 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices redistribute any withdrawn amounts to housing market relative to other satisfaction that the severely distressed one or more other applicants eligible for alternatives. Examples of inappropriate public housing is sufficiently separated HOPE VI assistance or to one or more proposals would be to build on or off- from the remainder of the project of other entities capable of proceeding site replacement public housing in which the building is part to make use expeditiously in the same locality in isolated or non-residential areas, or in a of the building feasible for carrying out the activities of the original soft-rental market. Examples of how you revitalization. You must demonstrate Grantee. can demonstrate appropriateness of that the site plan and building designs (2) Match. In accordance with section your Revitalization proposal follow. will provide defensible space for the 24(c)(3) of the 1937 Act, if assistance However, HUD will carry out the actual occupants of the revitalized building(s) will be used only for demolition of determination on a case-by-case basis. and that the properties which remain public housing (without replacement), (a) Your application might will not have a negative influence on you are exempt from the match demonstrate appropriateness of your the revitalized buildings(s), either requirement. proposal in terms of marketability if it physically or socially. Separations may proposes the maximum range of V. Threshold Criteria include a road, berm, catch basin, or incomes and housing types (rental vs. other recognized neighborhood (A) All HOPE VI Applications. In homeownership, market rate vs. public distinction. addition to the Compliance with Fair housing, townhouse vs. detached house, (3) Public Meetings. (a) You must Housing and Civil Rights Laws etc.) possible given local conditions. conduct at least one training session and threshold requirement listed in Section (b) Your application might at least three public meetings in II(B) of the General Section of this demonstrate that the land is being used accordance with Section IV(C)(1), above, SuperNOFA, your HOPE VI application for the highest and best use, given of this HOPE VI section of the must meet the following HOPE VI market conditions and the social goals SuperNOFA. To demonstrate that you Threshold Criteria to be considered for of your agency. have conducted the required public funding. (c) Your application might meetings, you must include the (1) Eligible Applicant. You must be an demonstrate that there is a demand for following evidence of each meeting in eligible PHA, as defined in Section the physical development you propose, your application: III(B), above, of this HOPE VI section of including residential public, subsidized (i) The notices announcing the the SuperNOFA. If HUD has designated and market rate units, community meetings. In addition to other means of your housing authority as troubled facilities, and economic development notification, at least one notice for each pursuant to section 6(j)(2) of the 1937 and retail structures. meeting must be placed in a commercial Act, HUD’s Troubled Agency Recovery (B) Revitalization Threshold Criteria. newspaper or journal that serves both Centers will use documents and (1) Physical Distress. (a) Your the public housing project and the information available to it to determine application must include a certification broader community. whether you qualify as an eligible that the project meets the definition of (ii) A copy of the first page of the applicant under Section III(B) of this severe physical distress as defined in meeting sign-in sheets for each meeting, HOPE VI section of the SuperNOFA. Section IV(A)(1)(a), above, of this HOPE and a certification of the number of (2) Severe Distress. (a) The targeted VI section of the SuperNOFA. The signatures collected for each meeting. public housing project, or buildings in certification must be signed by an (iii) A signed and notarized copy of a project, must be severely distressed. engineer or architect licensed by their the minutes which summarizes the (b) To meet the severe distress state licensing board. The engineer or discussion. Do not submit a transcript of requirement, you must certify that the architect must provide his or her license the meeting. Please note that all pages public housing project or building in a number and state of registration on the of the minutes will be counted toward project targeted in your HOPE VI certification. The engineer or architect your total page limit for attachments, as application meets the definition of may not be an employee of the housing provided in Section IX(A)(2) of this severe distress provided in Section authority or the city. The certification HOPE VI section of the SuperNOFA. IV(A)(1) of this HOPE VI section of the must be signed on or before the (b) Submission of the documentation SuperNOFA (in accordance with section application deadline date. If you have required of the meetings is a curable 24(j)(2) of the 1937 Act). You will make neglected to include this certification in item and is not rated. If you fail to this certification by signing the HOPE VI your application, you will have an properly document that you have Revitalization Applicant Certifications. opportunity to submit the certification, conducted all of the required meetings, The Certifications are included in the but it must still be signed on or before after being provided with the HOPE VI Application Kit, and the text the application deadline date. You may opportunity to correct any deficiencies of the Certifications is included as not submit a certification signed after in accordance with Section VI(B) of this Appendix A to this HOPE VI section of the deadline date in order to cure this HOPE VI section of the SuperNOFA, the SuperNOFA. deficiency. below, your application will not be (c) A severely distressed project that (b) A severely distressed project that eligible for funding. You may not has been legally vacated or demolished has been legally vacated or demolished conduct a required meeting after the (but for which HUD has not yet (but for which HUD has not yet application deadline date in order to provided replacement housing provided replacement housing cure a deficiency identified by HUD. assistance, other than tenant-based assistance, other than tenant-based (C) Demolition Threshold Criteria. assistance) must also satisfy the assistance) must also satisfy the Each required element of a HOPE VI requirements of paragraph (b) above as requirements of paragraph (a) above as Demolition grant application is a to the condition of the site before to the condition of the site before threshold requirement. Your application vacation or demolition. vacation or demolition. will not be eligible for funding unless (3) Appropriateness of Proposal. In (2) Separability. In accordance with each requirement listed in Section IX(B) accordance with section 24(e)(2) of the section 24(j)(2)(A)(v) of the 1937 Act, if of this HOPE VI section of the 1937 Act, your application must you propose to target only individual SuperNOFA, below, is included in your demonstrate the appropriateness of your buildings of a project for revitalization, application. HUD will give you the proposal in the context of the local you must demonstrate to HUD’s opportunity to submit any missing

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00288 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9609 information up to the application deficiency. HUD may not seek Resources, and Comprehensiveness and deadline date, as provided in Section clarification of items or responses that Coordination rating factors, in that VII(B) of this HOPE VI section of the improve the substantive quality of your order. SuperNOFA, below. response to any rating factor. Examples (F) Revitalization Application Rating of curable technical deficiencies include VI. Revitalization Application Selection Factors. The following are the factors your failure to include a required Process HUD will use to rate and rank your certification or a missing signature. If HOPE VI Revitalization application and (A) Revitalization Application HUD identifies a technical deficiency, it the maximum points for each factor. Evaluation. (1) HUD’s selection process will notify you by fax of the clarification The maximum number of points for is designed to ensure that HOPE VI or deficiency. You must submit each Revitalization application is 102, Revitalization grants are awarded to information to cure the deficiency to which includes two Empowerment eligible PHAs with the most meritorious HUD within 14 calendar days from the Zone/Enterprise Community (EZ/EC) applications and serious need. date of HUD notification. If the bonus points, as described in Section (2) In accordance with Section deficiency is not corrected within this III(E)(4) of the General Section of this III(C)(1) of the General Section of this time period, HUD will reject your SuperNOFA. SuperNOFA, in the event that HUD application as incomplete, and it will commits an error that, when corrected, not be eligible for funding. Note, Rating Factor 1: Capacity (20 Points) would result in the selection of an however, that in accordance with This factor measures the capability otherwise eligible applicant, HUD may Section VI(A)(3), above, of this HOPE VI and record of your team to manage select that application for funding when section of the SuperNOFA, HUD has large-scale redevelopment or sufficient funds become available. committed to rate each application, modernization projects, manage (3) Although Section III(B) of the regardless of its eligibility. General Section of this SuperNOFA (C) Preliminary Rating and Ranking. effective community and supportive states that only applications that meet (1) Rating. HUD will preliminarily service programs, manage private and/or all threshold requirements are eligible to review and rate each eligible application public housing, and obligate funds in a be rated, HUD will rate all HOPE VI on the basis of the rating factors timely manner. Revitalization applications submitted by described in Section VI(F) of this HOPE The term ‘‘your team,’’ unless Public Housing Authorities, regardless VI section of the SuperNOFA, below, otherwise specified, includes the HOPE of whether the applicants are eventually and assign a score to each application. VI Coordinator and PHA staff; deemed to be eligible applicants in (2) Ranking. After preliminary review, alternative entity(ies) you choose to accordance with Section III(B), above, of applications will be ranked in score serve as your representatives(s) to this HOPE VI section of the SuperNOFA order. Applications will be deemed manage the physical redevelopment, or whether the applications meet the ‘‘competitive’’ if they have a administer community and supportive threshold requirements of Sections V(A) preliminary score above a base score services and management and (B) of this HOPE VI section of the that encompasses all applications that improvements, and manage the property SuperNOFA. This will be done: represent approximately twice the after completion; developers; program (a) To provide applicants with the amount of funds available. managers; property managers; most complete evaluations of their (D) Final Panel Review. A Final subcontractors; consultants; and any applications as possible; Review Panel will: other public and private entities (b) To provide applicants with (1) Assess each competitive identified and/or proposed to carry out technical assistance for any future application; program activities. HUD will also applications; and (2) Assign the final scores; and evaluate the diversity of your team and (c) Because HUD will conduct (3) Recommend for funding the most program participants. eligibility review, threshold review, highly-rated eligible applications up to For each aspect of the revitalization completeness review, and rating the amount of available funding. concurrently, and determinations of (4) HUD reserves the right to make effort (physical redevelopment, threshold eligibility are often not adjustments to funding in accordance community and supportive services, finalized before rating begins. with Section III(E) of the General and property management), HUD will Regardless of score, however, HUD Section of this SuperNOFA. evaluate the extent to which you have will not select an application for (5) In accordance with the FY 2000 (or will have) the capacity to carry out funding that is submitted by an HOPE VI appropriation (Title II of Pub. the work yourself and/or select and ineligible applicant or that does not Law 106–74, 113 Stat. 1047, approved manage outside entities. HUD will meet all of the threshold requirements October 20, 1999), HUD may not grant award the most points to applications of Sections V(A) and (B) above. competitive advantage to applications that demonstrate the highest degree of (B) Threshold and Completeness that propose to use HOPE VI grant funds capacity to implement activities in a Review. HUD will screen each to undertake HOPE VI activities in order timely manner upon grant award, application to determine if it is to settle litigation or pay judgments. whether the capacity is within the PHA complete and meets the threshold (E) Tie Scores. If two or more or by members of team with overall criteria in Sections V(A) and (B), above. applications have the same score and management by the PHA. In accordance with Section V of the there are insufficient funds to select all HUD does not require you to select a General Section of this SuperNOFA, of them, HUD will select for funding the developer and/or program manager, if after the application deadline HUD may application(s) with the highest score for any, prior to submission of your not consider any unsolicited Rating Factor 3, Soundness of application, although you may choose to information that you may want to Approach. If a tie still remains, HUD do so. Rather, HUD will evaluate your provide. However, after your will select for funding the application(s) current capacity to implement a large application has been screened, HUD with the highest score for the Rating scale revitalization; or your ability to may contact you to clarify an item in Factor 2, Need. HUD will select further identify needs in your current staffing your application or to give you an tied applications on the basis of their and fill such gaps internally or opportunity to correct a technical scores in Capacity, Leveraging externally in order to successfully

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00289 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9610 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices implement your proposed program; your ability to implement your plan (iii) MTCS reporting and/or your proposed method and quickly upon grant award, or there is (iv) Site-based management experience criteria for securing a program manager inadequate information in your (v) Tenant grievances and/or development partner to application to rate this factor. (vi) Evictions implement your plan; and your current (2) Community and Supportive (vii) Occupancy rate or planned capacity to manage such Services Capacity and Experience: 5 (viii) Unit turnaround entity(ies). If you are selected for Points. (ix) Preventive maintenance funding, HUD may require you to use an (a) You will receive 4 to 5 points if (x) Work order completion outside entity as directed by HUD to you demonstrate, using specific data or (xi) Project-based budgeting carry out the revitalization activities. other documentation, where applicable, (b) You will receive 1 to 2 points if (1) Revitalization Capacity and that: you demonstrate that you or your Experience: 7 Points. (a) You will (i) Your team has recent, successful management entity currently have receive 5 to 7 points if: experience in planning, implementing, moderate management capacity with (i) You and/or the outside and managing the types of community respect to the above elements. If you development team you have procured, and supportive service (CSS) programs will seek outside property management or expect to procure, demonstrate, using proposed in your application; expertise, the qualifications you specific data or other documentation, (ii) PHA staff has the qualifications describe in the RFP to procure such where applicable, extensive knowledge and experience to manage and services are likely to result in the and recent, successful experience and coordinate activities of other staff and procurement of an entity with moderate capacity in planning, implementing, partners; management capacity with respect to and managing previous large scale (iii) You have strong relationships and the above elements. revitalization activities, including commitments with a wide variety of (c) You will receive 0 points if you physical development, financing, partners, including TANF and leveraging, and partnership activities. demonstrate that you or your Workforce Development Agencies, that management entity currently has little Revitalization activities carried out by have excellent experience providing the this team were completed on-schedule management capacity with respect to kinds of services proposed. the above elements, or the qualifications and within budget, and you do not have (b) You will receive 2 to 3 points if any outstanding capital program audit you describe to procure a management you demonstrate and document limited team are unlikely to result in the findings. experience and capacity in the above (ii) If you have not yet procured an procurement of an entity with moderate elements (paragraphs (a)(i) through entity to develop the proposed plan, you management capacity with respect to (a)(iii) above). have a feasible plan for securing such an the above elements, or if there is (c) You will receive 1 point if you entity and your description of what you inadequate information in your demonstrate minimal experience and will include in the Request For Proposal application to score this factor. capacity in the above elements (RFP) or Request for Qualifications (4) Diversity: 1 Point. You will receive (paragraphs (a)(i) through (a)(iii) above). (RFQ), as appropriate, to secure such 1 point if you clearly articulate an (d) You will receive 0 points if you services is well articulated and will achievable plan for including demonstrate no experience or capacity result in the selection of a highly minority(ies), women, and/or in the above elements or if there is capable entity. individuals with disabilities in the (iii) If you were awarded a HOPE VI inadequate information in the overall planning, development, and grant(s) previously, you have application to score this factor. management team that will be involved demonstrated that the progress of (3) Property Management Capacity in the HOPE VI revitalization effort. activities is on schedule and you have and Experience: 4 Points. Property HUD encourages cost-effective joint the capacity to manage an additional management activities may be the ventures to provide opportunities for HOPE VI revitalization project. HUD responsibility of the PHA, or an entity such diverse firms, individuals, and/or will evaluate the current status of that is part of the development team. employees. development, and your explanation of You may also procure a separate entity (5) Obligation of Modernization any delays in implementation of your to carry out property management Funds: 3 Points. HUD will evaluate the HOPE VI grant(s), including planning or activities. extent to which you have obligated construction delays. HUD will use (a) You will receive 3 to 4 points if modernization amounts in a timely information on file to verify any you demonstrate that you and/or your manner. information you provide regarding property management entity currently (a) You will receive 3 points if you current HOPE VI grant status. have excellent knowledge and recent, have obligated at least 90 percent of (iv) You have demonstrated that successful experience in property your FY 1998 and prior year implementation of your plan can begin management of market rate, affordable, Modernization (e.g., Comprehensive immediately after grant award. and/or public housing. If you will Improvement Assistance Program or (b) You will receive 1 to 4 points if procure outside property management Comprehensive Grant Program) amounts you describe and demonstrate that your expertise, you have demonstrated by the quarter ending before the HOPE method and criteria for selecting a team outstanding capacity to secure an entity VI Revitalization application deadline is good, your current HOPE VI activity with excellent experience by thoroughly date. HUD will use the LOCCS is mostly on schedule, and you have the describing the qualifications you will disbursement system as of the quarter ability to begin implementing your plan include in the RFP to procure such ending before the application deadline with minor adjustments and additional services. HUD will evaluate your team’s date to verify your obligation rate. planning after grant award. current property management (b) You will receive 2 points if you (c) You will receive 0 points if you experience, or your capacity to procure have obligated between 70 and 89 cannot describe and demonstrate that an entity with excellent experience with percent of your Modernization funds. you can procure a qualified team, your regard to each of the following elements: (c) You will receive 1 point if you current HOPE VI grant is behind (i) Property maintenance have obligated between 50 and 69 schedule, and you do not demonstrate (ii) Rent collection percent of your Modernization funds.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00290 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9611

(d) You will receive 0 points if you (2) Impact on Neighborhood: 6 Points. (a) You will receive 3 points if the have obligated less than 50 percent of HUD will evaluate the extent to which unobligated balance of your FY 1998 your Modernization funds or if there is the severely distressed public housing and prior year Modernization funds is inadequate information in the negatively impacts the surrounding up to 25 percent of the amount of HOPE application to rate this factor. neighborhood and how revitalization VI funds requested. through HOPE VI, including retail, (b) You will receive 2 points if your Rating Factor 2: Need (20 Points) office, and other economic unobligated balance is 26–50 percent of This factor addresses the extent of the development, as appropriate, will the amount of HOPE VI funds requested. need for the revitalization program; the enhance the neighborhood in which the (c) You will receive 1 point if your potential impact of the proposed project is located and enhance economic unobligated balance is 51–75 percent of revitalization on the surrounding opportunities for residents. In making the amount of HOPE VI funds requested. neighborhood, the need for funding this determination, HUD will evaluate (d) You will receive 0 points if your under the HOPE VI program, the your narrative, crime statistics, unobligated balance is 76 to 100 percent identification of need in the community, photographs or renderings, socio- or greater than the amount of HOPE VI and the need for affordable housing in economic data, trends in property funds requested or if there is inadequate the community. values, evidence of property information to rate this factor. (1) Need for Revitalization: 7 Points. deterioration and abandonment, (4) Identification of Need by the All applicants must certify that the evidence of underutilization of Community: 2 Points This factor addresses whether the public housing targeted for surrounding properties, and other need for the revitalization of severely revitalization is severely distressed, in indications of neighborhood distress distressed public housing is identified accordance with Section V(A)(2) of this and/or disinvestment that you provide in your jurisdiction’s Consolidated Plan, HOPE VI section of the SuperNOFA, in your application to demonstrate your and whether severely distressed public above. For this rating factor, HUD will case. housing is identified as an impediment evaluate the extent of the severe distress (a) You will receive 5 to 6 points if to fair housing choice in your of the targeted units and the urgency of you can demonstrate that revitalization jurisdiction’s Analysis of Impediments addressing the severe distress. HUD will of the severely distressed project with to Fair Housing Choice (AI). Information evaluate your description and HOPE VI funds will greatly improve the on the Consolidated Plan can be found documentation of the severity of the surrounding neighborhood and on the HUD Home Page (www.hud.gov/ physical distress in terms of the community. cpd/conplan.html). deficiencies listed below. If the targeted (b) You will receive 3 to 4 points if units have already been demolished, (a) You will receive 2 points if: (i) You you can demonstrate that revitalization cite language from your community’s HUD will evaluate your description of of the severely distressed project with the condition of the site before Consolidated Plan that identifies HOPE VI funds will greatly improve the revitalization of severely distressed demolition. overall health of the surrounding (a) You will receive 7 points if you public housing as an urgent need in the neighborhood and community, i.e., the community, and you cite language from demonstrate that the extent of the proposed revitalization has only limited distress and the need for revitalization your community’s AI that identifies likelihood of spurring significant severely distressed public housing as an satisfies all 4 of the following criteria: neighborhood revitalization activities or (i) There are major structural and impediment to fair housing choice; or preventing decline. system deficiencies in its infrastructure, (ii) If the Consolidated Plan/AI are (c) You will receive 1 to 2 points if roofs, electrical, plumbing, and applicable to your jurisdiction but they you can demonstrate that revitalization mechanical systems, lead based paint, do not identify severely distressed of the severely distressed project will settlement, and other deficiencies in public housing as an urgent need or an have a minor impact on the surrounding Housing Quality Standards; impediment to fair housing choice, you (ii) There are major site deficiencies, neighborhood and community. have explained in detail why severe including poor soil conditions, (d) You will receive 0 points if, based distress of public housing is not inadequate drainage, deteriorated on the data submitted, HUD determines identified, described your efforts to alert laterals and sewers, and inappropriate that the proposed project and/or the the jurisdiction to the need for topography; surrounding neighborhood is so revitalization, and worked with the (iii) There are design deficiencies, severely deteriorated that even if the jurisdiction to amend the Consolidated including inappropriately high public housing site is revitalized, it will Plan and AI to include revitalization of population density, room, and/or unit neither stop the decline nor have any severely distressed public housing as an size and configurations; isolation; impact on the surrounding urgent need; or indefensible space; inaccessibility for neighborhood and community. You will (iii) If the Consolidated Plan/AI are persons with disabilities with regard to also receive 0 points if there is not not applicable to your jurisdiction, you individual units, entrance ways, and/or enough information in your application have used other sound and reliable data common areas; to rate this factor. sources to show that the community has (iv) There are environmental (3) Need for Funding: 3 Points. HUD identified the need for revitalization of conditions that make the site or a will evaluate the extent to which you severely distressed public housing and portion of the site and its housing could undertake the proposed the urgency in meeting the need. Types structures unsuitable for residential use. revitalization activities without a HOPE of other sources include, but are not (b) You will receive 5 to 6 points if VI grant. HUD will use data from the limited to, census reports, continuum of you demonstrate that the extent of the latest quarterly obligation report care gaps analysis, law enforcement distress and the need for revitalization available at the time of the application agency crime reports, and your PHA satisfies 3 of the 4 above criteria. deadline date to confirm the amount of Five-Year and Annual Plan. (c) You will receive 0 points if you unobligated FY 1998 and prior year (b) You will receive 1 point if your demonstrate that the extent of the Modernization funds currently available community’s Consolidated Plan/AI does distress and the need for revitalization that could be used to carry out the not identify the revitalization of satisfies less than 3 of the above criteria. proposed revitalization activities. severely distressed public housing or

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00291 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9612 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices identify the severely distressed public Rating Factor 3: Soundness of income, mixed-use communities. Local housing as an impediment to fair Approach (40 Points) architecture and design elements and housing choice, and you have not This rating factor evaluates the quality amenities should be incorporated into provided a strong explanation of why of the main components of your plan to the new or rehabilitated homes so that they are not included. If the revitalize severely distressed public the revitalized sites and structures will Consolidated Plan/AI are not applicable housing. It includes the quality of blend into the broader community and to you community, you have not design, feasibility of activities, your appeal to the market segments for which thoroughly documented your level and efforts to lessen concentration, and your they are intended. Housing, community urgency of need through other sound relocation plan. It also evaluates your facilities, and economic development and reliable sources. community and supportive services space must be well integrated. You must select a design team that has the ability (c) You will receive 0 points if you plan, your efforts to reach out to residents and members of the to produce such design and/or have not made any efforts to include demonstrate that you have the capacity severely distressed public housing in community, proposed management principles and policies, and your plans to secure such a team. the Consolidated Plan or AI. If the HUD encourages you to propose to evaluate your program. HUD will also Consolidated Plan/AI are not applicable enhancements to the natural evaluate your efforts to affirmatively to your community, you have not environment such as tree and shrub further fair housing. documented your level and urgency of planting to address natural resource (1) Overall Quality of Plan: 5 Points. need through other data sources. Or, issues such as erosion, stormwater HUD will evaluate your entire there is not enough information in your management, and water quality that will application to rate this factor. application to rate this factor. (a) You will receive 4 to 5 points if result in physical improvements to the (5) Need for Affordable Housing in the you demonstrate that all aspects of your site; convert public open space now Community: 2 Points. HUD will plan, including your physical, social, devoid of green vegetation to a natural, evaluate the extent to which you have and economic approach, are the most inviting, and more livable environment; demonstrated that there is a need for appropriate possible given your local and plan for the sustainability of such affordable housing in the community, conditions, constraints, and resources after the revitalization and there is an inadequate supply of opportunities, i.e. your application activities are completed. Through an other affordable housing available to demonstrates no flaws in each of the MOU between the Department of accommodate families receiving tenant- following elements: Agriculture and HUD, technical based assistance under Section 8. assistance to develop a natural resource (i) Design and planning; stewardship program is available to (ii) Cost effectiveness of proposed (a) You will receive 2 points if you public housing authorities. See the revitalization activities; have: General Section of the SuperNOFA for (iii) Appropriateness in the context of (i) Documented the need for more information on Urban Forestry. the broader community; affordable housing in the community (iv) Integration of housing and non- Further information can be found on the with statistics and analyses contained in housing aspects of your strategy; Forest Service website (www.fs.fed/us/ a data source(s) that is sound and (v) Appropriateness in the context of research/rvur/urban/urbanforestry/ reliable, including information on local housing markets; urbanforest.htm). market rental costs as compared to (vi) The likelihood that a HOPE VI grant (a) You will receive 3 points if your Section 8 fair market rents (FMRs); and will result in a revitalized site that proposed site plan, new units, and will enhance the neighborhood in buildings demonstrate that: (ii) Provided a thorough analysis that (i) You have proposed a plan that which the project is located and demonstrates that the supply of other incorporates design elements and enhance economic opportunities for affordable housing is inadequate to amenities into the revitalized homes residents. accommodate families that would be that will enable them to blend into and displaced if the targeted severely (b) You will receive 3 points if your enrich the neighborhood and appeal to distressed project was demolished and plan has flaws in one of the above intended market segments; not replaced. Your analysis must be elements. (ii) Your proposed housing, documented by a comparison of the (c) You will receive 0 points if your community facilities, and economic number of Section 8-eligible rental plan has flaws in more than one of the development space are thoroughly apartment listings in a newspaper of above elements, or there is insufficient integrated into the community; and general circulation in the community information in the application to rate (iii) Your plan proposes extensive and over the most recent complete month this factor. appropriate enhancements of the natural prior to the HOPE VI application (2) Design: 3 Points. HUD is seeking environment. deadline date compared to the number excellence in design. We urge you to (b) You will receive 2 points if your of units needed if the site were to be carefully select your architects and/or proposed site plan, new units, and demolished and residents relocated planners and to enlist local affiliates of buildings demonstrate design that within the community. national architectural and planning adequately addresses the elements organizations and/or the department of (b) You will receive 1 point if your above. architecture at a local college or (c) You will receive 1 point if your analysis is less than thorough but university to assist you in assessing proposed design addresses the above nevertheless demonstrates a general qualifications of design professionals elements in only a perfunctory manner. need for affordable housing in the and/or participating on a selection panel (d) You will receive 0 points if your community. that will result in the procurement of proposed design does not address the (c) You will receive 0 points if your excellent design services. above elements or there is inadequate analysis fails to show a need for Your proposed site plan, new units, information to rate this factor. affordable housing in the community or and other buildings must be designed to (3) Feasibility of Plan: 5 Points. In you do not provide enough information blend into and enrich the surrounding awarding points under this rating factor, to rate this factor. neighborhood and promote mixed- HUD will consider the following:

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00292 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9613

(a) Market. You will receive 1 point if households, create opportunities for (i) Provide counseling to residents you demonstrate that there is a market desegregation and accessibility, and who choose Section 8 assistance that for the revitalized and/or replacement offer viable housing choices to will help them to fully understand the units of the type, number, and size displaced residents. In awarding points full range of housing opportunities proposed. under this rating factor, HUD will available to them in neighborhoods (i) Your demonstration of the need for consider the following: throughout the jurisdiction and to find non-public housing units will be based (a) On-site housing. You will receive housing in non-poverty areas. on a preliminary market assessment 1 point if your proposed unit mix (i.e., (ii) Conduct programs designed to letter prepared by an independent, third rental vs. homeownership, public prepare residents for the transition to party, credentialed market resource firm housing, market, and subsidized units) private rental housing, including one- or professional. will significantly reduce the isolation on-one move counseling and life skills (ii) Your demonstration of the need and/or concentration of low-income training, so that they may sustain their for public housing units will be based residents and/or significantly achieve a new living arrangement for the on the number and percentage of mixed-income, well functioning foreseeable future. existing families on site that are community on the revitalized site. (iii) Ensure that Section 8 housing projected to return and the number of (b) Off-site housing. You will receive complies with the Section 8 families on your public housing and 1 point if your plans for off-site housing requirements regarding lead-based paint Section 8 waiting list(s). will lessen concentration of low-income and other hazardous materials. (b) Hard Development Costs. You will (iv) If necessary, propose to use HOPE residents and create opportunities for receive 1 point if: (i) Your projected VI or other funds to modify Section 8 desegregation by locating such housing hard development costs are realistic and relocation units to make them accessible in neighborhoods with low levels of developed through the use of for residents with disabilities. poverty and/or concentrations of technically competent methodologies, (b) Community Outreach. You will minorities. You are encouraged to including cost estimating services; receive 1 point if you thoroughly (ii) Your cost estimates represent an maximize off-site hard units as describe your plan and your team’s economically viable preliminary plan replacement housing and to locate such capacity to effectively involve faith- for designing, planning and carrying out units such that they do not cause an based, non-profit and/or other your proposed activities in accordance over-concentration of low-income institutions, organizations, and/or with local costs of labor, materials, and housing. You do not have to identify the individuals in the community to which services; and precise location of off-site units in your relocatees choose to move, in order to (iii) Your proposed hard costs are application to receive full points for this ease the transition and minimize the comparable to industry standards for the subfactor, but you must identify the impact on the neighborhood. HUD will kind of construction to be performed in types of neighborhoods where such view favorably innovative programs the proposed geographic area. housing will be planned and such as community mentors, support (c) Soft costs. You will receive 1 point demonstrate the feasibility of such off- groups, and the like. if your projected soft costs (developer’s site development (i.e., land is available (c) Self-sufficiency. You will receive 1 fees, PHA administration costs, legal at a price which allows economic point if you thoroughly describe your fees, program manager’s fees, feasibility, community acceptance is team’s plan and capacity to provide consultants’ fees, etc.) are comparable to likely, etc.). effective, results-based community and industry standards, justified, and you (c) Access to Services. You will supportive service program support to have demonstrated how you will control receive 1 point if, for both on-site and Section 8 relocatees to achieve and such costs. HUD is particularly any off-site units, your overall plan will maintain self-sufficiency. concerned that soft costs be minimized result in increased access to municipal (d) Tracking. You will receive 1 point and will review carefully the proposed services, jobs, mentoring opportunities, if you thoroughly describe your team’s soft cost structure. HUD will review transportation, and educational plan and capacity to develop an your means of keeping soft costs at a facilities; i.e., the physical plan and self- effective tracking system that will minimum so that the maximum HOPE sufficiency strategy are well integrated enable you (and/or your CSS partners) VI resources go into physical and strong linkages will be established to identify and track relocatees from the development and transforming the lives with the appropriate Federal and state site to be revitalized and make regular of the residents. and local agencies, non-profits, and the follow-up services available to families (d) Coherence and Consistency. You private sector to achieve such access. receiving Section 8 assistance. will receive up to 2 points if the (5) Relocation and Section 8: 5 Points. (6) Community and Supportive information and strategies described in In order to receive any points for this Services: 5 Points. This factor evaluates your application are coherent and rating factor, you must propose to use the quality of your proposed CSS plan. internally consistent, particularly the Section 8 assistance as a means of It is important that you review Section data provided for types and numbers of temporary and/or permanent relocation IV(C)(2)(c) of this HOPE VI section of units, budgets and other financial of families currently living in the the SuperNOFA, above, for a detailed estimates, and other numerical targeted units. To receive points, you description of the requirements of a CSS information. It is critical that you must go beyond the requirements of the program, and Section IV(C)(2)(d) for a carefully review all numbers for unit Uniform Relocation Act and propose a list of possible CSS programs and mix, costs, etc. to make sure that all comprehensive, results-based plan in activities. You are encouraged to go numbers are consistent throughout the which residents are actively involved. beyond these lists and create CSS application. HUD will make this In awarding points under this rating programs that break new ground by determination based on your entire factor, HUD will consider the following: responding to unique needs in your application. (a) Relocation Support. You will community and which may serve as (4) Lessen Concentration: 3 Points. receive up to 2 points if you thoroughly national models for self-sufficiency and This factor addresses how the activities describe your team’s plan and capacity educational achievement. you propose are designed to lessen to effectively implement the following (a) You will receive 4 to 5 points if: concentration of low-income elements of relocation support: (i) You propose a high-quality, results-

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00293 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9614 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices oriented plan that includes strong implementation of revitalization attempted to address any dissenting components of the basic elements of activities if your application is viewpoints among affected residents education, job training, and services that successful. and other interested parties. If there has will enable all affected residents to (b) Logistics. You will receive 1 point been no opposition to your plan you transform their lives; if you demonstrate that you have: will automatically earn this point. You (ii) The plan is well coordinated with (i) Scheduled informational and will not earn this point if you do not strong, experienced service providers; planning meetings with affected acknowledge that any such opposition (iii) The plan was developed using an residents and other interested parties has been raised and/or you do not make effective needs assessment; and during the development of your efforts to address such opposition. (iv) Mechanisms are in place to application at frequent and convenient Where there is resident or community effectively measure the goals of the times, meeting at least the requirements opposition to the plan, HUD will program and evaluate success. of Section IV(C)(1) of this HOPE VI evaluate your analysis of the reasons for (b) You will receive 2 to 3 points if section of the SuperNOFA, above; and extent of the opposition, and your your plan has a flaw in one of the (ii) Announced meetings (consistent current and proposed plans for dealing elements listed in paragraphs (i) through with Section IV(C)(1), above) in ways with the opposition. HUD will only (iv) above. that are designed to generate the most consider letters of dissent that are (c) You will receive 1 point if your participation. Methods of announcing received by HUD at least ten days before plan has a flaw in more than one of the upcoming meetings include, but are not the HOPE VI application deadline date elements listed above. limited to: and which indicate that copies have (d) You will receive 0 points if you (A) Publishing notices of meetings in been sent to you. merely repeat information from the newspapers of local distribution; (8) Operation and Management NOFA or if there is inadequate (B) Hand distributing flyers to Principles and Policies: 3 Points. information to rate this factor. residences and locations likely to attract Revitalization activities using HOPE VI (7) Resident and Community notice; Outreach and Involvement: 4 Points. In Revitalization grant funds must be for (C) Posting meeting information in severely distressed public housing addition to the Threshold requirement adequate time to allow residents and for public meetings provided in Section projects. Accordingly, certain proposed other interested parties to plan to activities are subject to statutory V(B)(3) of this HOPE VI section of the attend. SuperNOFA, above, this rating subfactor requirements applicable to public (iii) Provided day care and, where housing projects under the 1937 Act, evaluates the extent of involvement of necessary, transportation to and from residents and the broader community in other statutes, and the Annual the meetings. Contributions Contract (ACC). Within the development and proposed (c) Communication. You will receive such restrictions, HUD seeks innovative implementation of your revitalization 1 point if you demonstrate that you have solutions to the long-standing problems program. HUD will evaluate the nature, communicated effectively with affected of severely distressed public housing extent, and quality of the resident and residents and members of the projects. You may request, for the community outreach and involvement surrounding community by: revitalized development, a waiver of you have achieved by the time your (i) Providing reasonable training and HUD regulations (that are not statutory application is submitted, as well as your technical assistance on the HOPE VI requirements) governing rents, income plans for continued and/or additional development process and general eligibility, or other areas of public outreach and involvement. HUD will principles of development to affected housing management that will permit evaluate your efforts to include affected residents to enable them to participate you to undertake measures that enhance residents and members of the meaningfully in the development of the long-term viability of a development surrounding community in the your application, and developing plans revitalized under this program. planning, implementing, and to provide further training and technical management of your proposed assistance if your application is (a) You will receive 3 points if you revitalization activities. In awarding successful; demonstrate your team’s plan and points under this factor, HUD will (ii) Providing information to and capacity to carry out each of the consider the following: receiving input from affected residents following 10 elements listed in the (a) Collaboration and Inclusiveness. and other interested parties about your ‘‘Self-Sufficiency and Economic You will receive 1 point if you planned revitalization; Diversity’’ and ‘‘Safety and Security’’ demonstrate that you have (iii) Incorporating input and categories below. communicated regularly and recommendations of interested parties, (b) You will receive 2 points if you significantly with affected residents and especially affected residents, to the demonstrate your team’s plan and members of the surrounding community extent possible, into your application; capacity to carry out 7 of the 10 about your application that and you (iv) Generating support for your elements, which must include the first have: application among interested parties; three elements in the ‘‘Self-Sufficiency (i) Provided affected residents with (v) Providing status reports on the and Economic Diversity’’ category. substantive opportunities to participate development of your application to (c) You will receive 1 point if you in the development of your HOPE VI residents; and demonstrate your team’s plan and plan; (vi) Providing that appropriate HUD capacity to carry out 5 of the 10 (ii) Included all other interested communications are made available to elements. parties, especially members of the affected residents and the broader (d) You will receive 0 points if surrounding community, in the community (i.e., a copy of the NOFA; demonstrate your team’s plan and development of your plans and notification of any HUD video capacity to carry out fewer than 5 application; and conferences regarding the NOFA; elements, and the operation and (iii) Developed specific plans for computer access to the HUD website, management principles you propose to continued involvement and etc. implement at the revitalization site are participation of residents and the (d) Dissention. You will receive 1 not likely to result in improved broader community in the planning and point if you have acknowledged and management, or there is insufficient

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00294 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9615 information in the application to rate crime prevention programs, and for-sale units accessible to individuals this factor. program policy efforts such as ‘‘One who have visual or hearing disabilities; Self-Sufficiency and Economic Strike and You’re Out’’ (B) Provide one-bedroom accessible Diversity. You must propose operation (www.hud.gov:80/progdesc/ rental units for single individuals with and management principles and policies 1strike.html), the ‘‘Officer Next Door’’ disabilities so that they can live in the to be applied to on-and/or off-site public initiative (www.hud.gov:80/ond/ revitalized community; housing and any on-site or adjacent ond.html), the local the Department of (C) Provide for accessibility assisted housing that will encourage Justice ‘‘Weed and Seed’’ Program task modifications, where necessary, to residents to move in, move up, and force if the targeted project is located in Section 8 units of residents who relocate move on. Such principles must: a designated Weed and Seed area from the targeted project due to 1. Reward work and promote family (www.ojp.usdoj.gov/eows); HUD’s revitalization activities; stability by promoting positive ‘‘Operation Safe Home’’ Program, and/or (D) Where playgrounds are planned, incentives such as income disregards HUD’s Drug Elimination Programs; propose ways to make them accessible and ceiling rents; 4. Improving the safety and security of to children with disabilities, over and 2. Promote economically and residents through the implementation of above statutory and regulatory demographically diverse living patterns, defensible space principles, anti-crime requirements; e.g., inclusion of persons of different measures, and the installation of (E) Where possible, design units with races/ethnic groups, families with or physical security systems such as accessible front entrances. without children, persons with surveillance equipment, control (ii) You will receive 1 point if you do disabilities and able-bodied persons, engineering systems, etc.; not propose to implement all of the and the elderly, by: 5. Improving the safety of children by accessibility priorities above but you promoting the principles of Healthy —Instituting a system of local provide a detailed description why you Homes. Healthy Homes activities are preferences adopted in response to cannot implement one or more of the described in Section VI(D) of the local housing needs and priorities, priorities; General Section of this SuperNOFA, the e.g., preferences for victims of (iii) You will receive 0 points if you HOPE VI Application Kit, and on HUD’s domestic violence, residency do not propose to implement all of the Healthy Homes website at preferences, disaster victims; accessibility priorities and you do not www.hud.gov/hhchild.html. —Aggressively pursuing affirmative (9) Affirmatively Furthering Fair describe in detail why you cannot marketing which attracts individuals Housing: 5 Points. You must implement one or more of the priorities; with a broad spectrum of incomes and affirmatively further fair housing or there is insufficient information in attracts all segments of the eligible through the physical design of the your application to rate this factor. population to the project on a revitalized units, the location of new (b) Adaptability. You will receive 1 nondiscriminatory basis; and units, marketing of housing that will point if your physical plan meets the —Reaching out to persons with encourage diversity, and tenant adaptability standards adopted by HUD disabilities; selection and assignment strategies that at 24 CFR 8.3 that apply to those units 3. Encourage self-sufficiency by promote fair housing choice. You are not otherwise covered by the including lease requirements that strongly encouraged to work with local accessibility requirements. The promote resident involvement in the advocacy groups which represent elements of adaptability are included in tenants association, community service, individuals with disabilities, the the HOPE VI Application Kit Glossary. self-sufficiency, and transition from elderly, and other special needs (c) Visitability. You will receive 1 public housing; populations to further these goals. point if your physical plan meets the 4. Complement self-sufficiency Definitions of accessibility and visitability standards adopted by HUD programs and result in a mix of adaptability can be found at 24 CFR 8.3. that apply to units not otherwise residents in the revitalized development This section can be found at covered by the accessibility who have a range of incomes; www.access.gpo.gov/nara/cfr/cfr- requirements. The elements of 5. Create strong, stable, well-run retrieve.html. In awarding points under visitability are described in Section communities by implementing site- this rating factor, HUD will consider the VI(C) of the General Section of this based waiting lists for the redeveloped following: SuperNOFA and in the HOPE VI public housing and/or following project- (a) Accessibility: 2 points. The design Application Kit Glossary. based management principles. of your proposed site plan, non- (d) Diversity. You will receive 1 point Safety and Security. You must residential structures and facilities, and if your program activities aid a broad demonstrate that your proposed the new construction and/or range of eligible residents, including the operation and management principles rehabilitation of housing must conform elderly, persons with disabilities, etc. In and policies will provide greater safety to the civil rights statutes and addition, HUD will evaluate your efforts and security for residents and regulations required in Section II(B) of to increase community awareness of the community by: the General Section of this SuperNOFA. need for and benefits from diversity, in 1. Instituting strict screening Information on accessibility can be a culturally sensitive manner through requirements such as credit checks, found on HUD’s Fair Housing Home education and outreach, as applicable. references, home visits, and criminal Page (www.hud.gov/fairhsg1.html). Your marketing and outreach activities records checks; Over and above the accessibility must be targeted to all segments of the 2. Strictly enforcing lease and eviction requirements: population on a nondiscriminatory provisions; (i) You will receive 2 points if you basis, promote housing choice and 3. Enhancing on-going efforts to propose to implement all of the opportunity throughout your eliminate drugs and crime from following suggested accessibility jurisdiction, and contribute to the neighborhoods through collaborative priorities: deconcentration of minority and low- efforts with local law enforcement (A) Make at least 5 percent of for-sale income neighborhoods. agencies, the local United States units accessible to individuals with HUD will evaluate your description of Attorney, and Federal, state, and local mobility disabilities and 2 percent of specific steps you will take to:

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00295 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9616 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(i) Address the elimination of a matching requirement. By signing the articulate and calculate the ratio of HUD impediments to fair housing that were HOPE VI Revitalization Applicant funds to leveraged funds that HUD identified in your jurisdiction’s Certifications (Appendix A to this deems acceptably documented. Analysis of Impediments to Fair program section, below), you will certify (1) Physical Development Resources: Housing Choice or in any examination that, if selected for funding, you will 6 Points. HUD seeks to fund mixed- of your own programs you may have provide matching funds which, finance developments that use HOPE VI carried out that identified impediments combined with HUD funds, will enable funds to leverage the maximum amount to fair housing choice within those you to carry out revitalization activities, of other physical development funds, programs; including community and supportive particularly from private sources, that (ii) Remedy discrimination in services programs. If selected for will result in revitalized public housing, housing; or funding, you will be required to show other types of assisted and market rate (iii) Promote fair housing rights and evidence of matching resources through housing, and retail and economic fair housing choice. your quarterly reports as your project development. (10) Evaluation: 2 Points. In order to proceeds. Evidence of match is not (a) Types of funds. Physical earn points under this rating factor, you required up front in your application. development funds may include, but are must propose to work with local Leverage, on the other hand, consists not limited to: (i) Equity (including university(ies) and/or other institutions of firm and projected commitments of syndication proceeds); of learning, foundations, and/or others funds that you can demonstrate now, at (ii) Mortgage secured loans and other to evaluate the performance and impact the application stage. While you are not debt; of your proposed HOPE VI required to provide any evidence that (iii) Insured loans; revitalization. Where possible, HUD you have leveraged funds, you will not (iv) Donations and contributions; encourages you to form partnerships receive points for the leveraging rating (v) Housing trust funds; with Historically Black Colleges and factor unless you provide evidence of (vi) Homeowner loans; Universities (HBCUs); Hispanic-Serving currently-available or projected funds to (vii) Funds committed to build private Institutions (HBIs); Community be leveraged. sector housing in connection with the Outreach Partnership Centers (COPCs); HUD will rate your application based HOPE VI revitalization program; the Alaskan Native/Native Hawaiian on the amount of funds and other (viii) Low Income Housing Tax Institution Assisting Communities resources that will be leveraged by the Credits (LIHTC). If you proposed to use Program (as appropriate); and others in HOPE VI Grant, as measured by the ratio tax credits as a part of your financing, HUD’s University Partnerships Program. of HOPE VI dollars requested to the you must include in your application a (a) Documentation. You will receive 1 value of the financial, in-kind, and/or letter from your State or local Housing point if you provide a support letter(s) other assistance for proposed activities Finance Agency that provides to document the willingness of an which can be added to HUD funds to information from the allocation plan institution(s) to participate, and its achieve program purposes, in specific regarding the total amount and type (4 proposed approach to carry out the amounts that are committed or projected percent vs. 9 percent) of tax credits evaluation. The letter must address the from your partners and other entities if available, any setasides available for following areas for evaluation: HOPE VI funds are awarded. PHAs, per project funding limits, the (i) The impact of your HOPE VI effort Endorsements or general letters of schedule of funding rounds, verification on the lives of the residents; support from organizations or vendors that your project meets eligibility (ii) The nature and extent of economic alone will not count as leverage. criteria, phasing, and other pertinent development generated in the In your application, you must provide information that will enhance your evidence of each proposed resource by community; project’s likelihood to receive the including a letter of commitment, (iii) The effect of the revitalization desired tax credits. If your application memorandum of understanding, and/or effort on surrounding communities, includes a letter from a Housing Finance agreement to participate, including any including spillover revitalization Agency which addresses these issues, conditions to which the leverage may be activities, property values, etc.; and the tax credits will be considered subject. HUD recognizes that in some (iv) Your success at integrating the documented and you may count it in cases, firm commitments cannot be physical and social aspects of your your development resources leverage made at the application stage. In such a strategy and achieving the goals stated ratio. If your application does not case, the entity must describe why the in your application. include such a letter, the amount of tax (b) Oversight. You will receive 1 point firm commitment cannot be made at the current time and must affirm that your credit dollars you propose will not be if you: counted as leverage. (i) Provide a comprehensive PHA and your HOPE VI project meet description of your team’s evaluation eligibility criteria for receiving the (b) Sources of funds. You must plan; resource. This is particularly important actively enlist other stakeholders who (ii) Demonstrate excellent capacity to with regard to Low Income Housing Tax are vested in and can provide significant be involved and/or support the Credits (LIHTC), where forward financial assistance to your evaluation; and commitments are typically not possible. revitalization effort. Sources of (iii) Indicate how the evaluation will All letters of commitment must include development resources may include: be funded. the donor organization’s name, the (i) Public, private, and non-profit specific resource proposed, the dollar entities; Rating Factor 4: Leveraging Resources amount of the financial or in-kind (ii) State and local Housing Finance (10 Points) resource, and the purpose of that Agencies; Match vs. Leverage. There is an resource. The commitment must be (iii) Local governments, which may important difference between the terms signed by an official of the organization provide commitments of funds for the match and leverage. In accordance with legally authorized to make physical development costs of Section IV(D)(1) of this HOPE VI section commitments on behalf of the schools, libraries, economic of the SuperNOFA, above, all HOPE VI organization. HUD will evaluate the development and/or commercial Revitalization grant funds are subject to strength of commitment that the letters facilities;

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00296 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9617

(iv) The city’s housing and/or services is critical to the sustainability revitalization of public housing with the redevelopment agency or other of CSS programs so that they will overall plans for revitalization and functioning agency. HUD will continue after the HOPE VI funds have related activities in the broader consider this to be a separate entity been expended. community, and participating in or with which you are partnering if your (a) Types of resources. Resources may committing to participate in the PHA is also a redevelopment agency include financial resources such as community’s Consolidated Planning or otherwise has citywide Federal, State, or local government process. responsibilities; grants or private contributions. (1) Coordination of Revitalization (A) You are strongly urged to seek a Resources may also include in-kind Activities: 5 Points. (a) This factor pledge of Community Development contributions such as the value of any evaluates your efforts to coordinate with Block Grant (CDBG) funds from your donated material or building; the value other agencies, not to provide services, city or county for improvements to of any lease on a building; the value of but to ensure that your activities are public infrastructure work such as the time and services contributed by consistent with other revitalization, streets, water mains, etc. related to the volunteers, and the value of any other development, economic development, revitalization effort. Information on in-kind services or administrative costs, transportation, and other similar CDBG can be found on the HUD Home such as staff salaries and benefits, activities in the neighborhood, Page (www.hud.gov/cpd/cpd/ supplies, and municipal or county surrounding community, and the city or cpdprog.html); government services or infrastructure county at large. Public housing (B) The city or county may provide which are critical to the successful revitalization must not happen in a HOME funds to be used in conjunction transformation of the project and of the vacuum, and it is critical that all parties with HOPE VI funds, but HOME funds lives of its residents. work together to share information and may not be used in conjunction with (b) Sources of resources. (i) See coordinate activities in order to develop Public Housing Capital Program funds. Section IV(C)(2)(e) of this HOPE VI plans that complement and reinforce Information about the HOME Program section of the SuperNOFA for a list of other activities, both ongoing and can be found on the HOME website the kinds of organizations, agencies, and planned for the future. (www.hud.gov/cpd/home/ other possible resource providers that (b) HUD will evaluate your efforts to homeweb.html); you may form partnerships or other take specific steps to: (v) Foundations; relationships with to obtain resources (i) Coordinate your proposed (vi) Financial institutions, banks or for your CSS programs. activities with related activities of other insurers. (ii) In accordance with Section agencies, groups, or organizations (c) Other HUD Public Housing Funds. IV(C)(2)(b) of this HOPE VI section of outside the scope of those covered by Although you may commit other the SuperNOFA, above, you may enter the Consolidated Plan. Federal public housing funds such as into subgrantee agreements with (ii) Develop comprehensive solutions Capital Fund grants, Comprehensive organizations, provided that the costs, if that best complement, support and Grant Program, MROP, etc. to meet your any, are verified by an outside entity coordinate other revitalization and match requirement if you are selected and the subgrantee is also bringing related activities, such as plans for for funding, your commitment of these significant resources to the project. changes in transportation, (c) Rating. The number of points you types of funds will not count towards infrastructure, land use, and other receive will depend on the amount of your leverage ratio for the purposes of issues that may affect the planned funds and other resources to be rating your application. public housing revitalization plans. leveraged by the grant, as measured by (d) Rating. You will receive 6 points (iii) Participate in planning efforts to the leverage ratio of HOPE VI dollars if the ratio of requested HOPE VI funds share information about solutions and requested for CSS programs to the dollar to documented, committed leveraged outcomes with relevant agencies value of the resources committed from development funds is at least 1:4. through meetings, information other sources for CSS programs. A letter You will receive 5 points if the ratio networks, planning processes or other of general commitment without a dollar is 1:3. mechanisms. figure of committed resources included You will receive 4 points if the ratio (c) Rating. (i) You will receive 3 to 5 will not be counted as a resource for this is 1:2.5. points if you provide letters, rating factor. You will receive 3 points if the ratio You will receive 4 points if the ratio memoranda of agreement, or other is 1:2. of HOPE VI funds requested for CSS documentation from organizations and You will receive 2 points if the ratio programs to documented, committed agencies that describe your is 1:1.5. CSS funds leveraged from other sources relationships and coordination efforts You will receive 1 point if the ratio is is 1:2 or higher. and indicate that you have made 1:1. You will receive 3 points if the ratio extensive efforts to coordinate with a You will receive 0 points if the ratio is between 1:1.5 and 1:1.9. variety of related groups. is less than 1:1 or if there is inadequate You will receive 2 points if the ratio (ii) You will receive 2 points if you information in the application to rate is between 1:1 and 1:1.49. document that you have made some this factor. You will receive 0 points if the ratio efforts to coordinate your proposed (2) Community and Supportive is less than 1:1 or if there is inadequate activities with related groups, but your Services Resources: 4 Points. In order to information in your application to rate overall effort does not include a variety achieve quantifiable self-sufficiency this factor. of different kinds of groups and/or you results, you must form partnerships do not show strong evidence of active with organizations that are skilled in the Rating Factor 5: Coordination and coordination. delivery of services to residents of Community Planning (10 Points) (iii) You will receive 1 point if your public housing and that can provide This factor evaluates your efforts to efforts to coordinate with related groups commitments of resources to support address the need for revitalized public are not comprehensive and/or your those services. Leveraging scarce HOPE housing in a holistic and comprehensive relationships are not well documented VI CSS funds with other funds and manner by coordinating the or committed.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00297 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9618 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(iv) You will receive 0 points if you Community (also referred to as EC). To 971 but not yet approved (Priority have not provided evidence that you be eligible for the bonus points, Group 2), and HUD subsequently have coordinated with related groups, or activities must serve EZ/EC residents approves the Conversion Plan before the there is insufficient information in the and the application must include a HOPE VI Demolition grant application application to rate this factor. certification that activities are consistent deadline date, you may submit a revised (2) Participation in Consolidated Plan with the strategic plan for the EZ or EC. application and it will be reclassified as AI Process: 5 Points. A listing of eligible EZs and ECs is Priority Group 1. HUD will change the This factor evaluates your efforts to appended to the General Section of the Ordinal to the Ordinal corresponding to participate in your community’s SuperNOFA, and also can be found on the date that the revised application was Consolidated Planning process the HUD Home Page (www.hud.gov). received. (including the Analysis of Impediments Note that if the public housing project (ii) If you submit a Conversion Plan to Fair Housing Choice) and to include is located in a similar economic but HUD determines that the targeted the revitalization of severely distressed development area designated by your project does not qualify for conversion public housing as a need identified in state or city, but is not located in a under 24 CFR part 971, your HOPE VI the Consolidated Plan. (A certification Federally-designated EZ or EC, your Demolition grant application will not be of consistency with the Consolidated application will not be eligible for these eligible for funding. Please check with Plan is a required element of each HOPE bonus points. your local HUD Office to confirm that VI Revitalization application.) your targeted project is eligible for (a) You will receive 4 to 5 points if VII. HOPE VI Demolition Grant conversion under part 971 before Application Selection Process you demonstrate that: submitting a HOPE VI Demolition grant (i) You have actively participated in (A) HOPE VI Demolition Grant application based on submission of a the Consolidated Planning process, as Funding Categories. HUD will select Conversion Plan. evidenced by citing the inclusion of the HOPE VI Demolition grant applications (c) Priority Group 3: A HOPE VI need for revitalized public housing from on a first-come, first-served basis, by an Demolition grant application that targets the Consolidated Plan in your application’s Priority Group and units included in a HUD-approved application. Ordinal. HOPE VI Demolition grant application for demolition that was (ii) Your participation in the applications are not rated. developed in accordance with section Consolidated Planning process has (1) Priority Groups. You must identify 18 of the 1937 Act, as amended. ensured that your HOPE VI each HOPE VI Demolition grant (i) Your Section 18 demolition revitalization plans are tied to other application by its appropriate Priority application must be approved by HUD revitalization planned in the broader Group, as described below. Each by the HOPE VI Demolition Application community and the jurisdiction as a application must target units of a single deadline. You are advised that in order whole, and that they are consistent with Priority Group, e.g., do not include to allow for sufficient time for a Section plans or organizing efforts in the Priority Group 1 units in the same 18 demolition application to be immediate, surrounding neighborhood. application as Priority Group 2 units. processed, you should submit your If not, you have provided an adequate (a) Priority Group 1: A HOPE VI Section 18 demolition application to description of why they are not. Demolition grant application that targets HUD’s Special Application Center (iii) If the Consolidated Plan is not units included in an approved (SAC) no later than March 14, 2000. If applicable to your community, you have Conversion Plan (i.e., plan for removal your Section 18 demolition application demonstrated that you have participated of units from the public housing does not meet the statutory in other community-wide planning inventory in accordance with the requirements of Section 18, including efforts. requirements at 24 CFR 971.7(d)). Please the requirement for HUD Field Office (b) You will receive 1 to 3 points if note that the term ‘‘Conversion Plan’’ approval of the Interim or PHA Plan as you have demonstrated that you have used in this HOPE VI section of the required by 24 CFR part 903, HUD will participated in the Consolidated SuperNOFA is the plan required by 24 not approve the Section 18 demolition Planning process, but the Plan does not CFR part 971. The Conversion Plan application and your HOPE VI address the revitalization of severely must be approved by HUD on or before Demolition grant application will not be distressed public housing. the HOPE VI Demolition grant eligible for funding. (c) You will receive 0 points if you application deadline date under this (ii) If you have submitted a Section 18 have demonstrated some understanding HOPE VI section of the SuperNOFA. demolition application to the SAC but it of the Consolidated Planning process, (b) Priority Group 2: A HOPE VI has not yet been approved by HUD but have made only marginal or no Demolition grant application that targets when you submit your HOPE VI effort to participate. If the Consolidated units included in a Conversion Plan that Demolition grant application, your Plan is not applicable to your you have submitted to HUD on or before HOPE VI application will not be community, you have demonstrated the HOPE VI Demolition grant considered complete and you will not only marginal or no effort to participate application deadline date, or targets receive an Ordinal until your Section 18 in other community-wide planning units that, at HUD’s sole determination demolition application is approved. efforts. You also will receive 0 points if under section 537(b) of the Public (iii) If HUD has previously approved there is inadequate information in the Housing Reform Act of 1998, are subject your Section 18 demolition application application to rate this factor. to the removal requirements of 24 CFR but HUD later rescinded the approval, part 971 and can be expected to be your Section 18 demolition application Empowerment Zone/Enterprise demolished in accordance with the time will not be considered approved by Community Bonus (2 Points) schedule required by Section IV(F)(1) of HUD and your HOPE VI Demolition You will receive up to 2 bonus points this HOPE VI section of the grant application will not be eligible for if you propose to revitalize severely SuperNOFA, above. funding. distressed public housing that is located (i) If you submit a HOPE VI (d) Priority Group 4. (i) A HOPE VI in a Federally-designated Empowerment Demolition grant application for units Demolition grant application that Zone (EZ), Enterprise Community (EC), that are targeted in a Conversion Plan requests funds for the demolition of or Urban Enhanced Enterprise that was submitted under 24 CFR part units that were targeted for demolition

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00298 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9619 in a previously-approved HOPE VI Group 5 HOPE VI Demolition grant may submit information to complete Revitalization application but for which application. your application at any time before the supplemental funds are needed qualifies (vi) If you choose, you may also HOPE VI Demolition grant application as a Priority Group 4 application. submit a separate HOPE VI Demolition deadline date. However, if your (ii) A HOPE VI Demolition grant application for the same units identified application is received on the deadline application that requests funds for the in your Priority Group 5 Demolition date and it is missing a required demolition of units that were not grant application, accompanied by an submission, you will have no originally targeted for demolition in a approval of a Section 18 demolition opportunity to submit any missing item previously-approved HOPE VI application. This separate HOPE VI after the deadline date and your HOPE Revitalization application but that are Demolition application would be VI Demolition grant application will be located in the same project and at the assigned Priority Group 3. You are ineligible for funding. same site that will be revitalized using cautioned, however, that if your HOPE PLEASE NOTE: This provision means an existing Revitalization grant qualifies VI Revitalization application is not that the nearer to the deadline date you as a Priority Group 4 application. selected for funding but your Priority 3 submit your application, the less time (iii) The requested HOPE VI HOPE VI Demolition application is you will have to correct any Demolition grant funds, in combination selected for funding, your Section 18 deficiencies, and if HUD receives your with the existing HOPE VI demolition application will be application ON the deadline date and Revitalization grant funds, may not processed and you will be expected to there is a deficiency, that application exceed the TDC limit as provided in carry out the demolition despite the lack will NOT be eligible for funding. You Section II(A)(3)(a) of this HOPE VI of revitalization funds, since you have are advised to submit your application section of the SuperNOFA, above. identified them as severely distressed. as soon as possible, in the event that (iv) If a Priority Group 4 HOPE VI (2) Ordinals. Upon receipt, HUD will HUD identifies a deficiency that you Demolition application is selected for assign each HOPE VI Demolition grant need to correct. funding, HUD will approve the planned application an Ordinal (i.e., ranking (4) If HUD determines that the demolition in its approval of your number) that reflects the date HUD information you submit in response to Revitalization Plan (RP) for the Headquarters received the application. a notification of deficiency is correct Revitalization grant. If the RP has Ordinals correspond to business days, and completes the application, HUD already been approved, HUD will starting with the date HUD receives the will change the application’s Ordinal to amend the existing RP approval to first Demolition grant application and the Ordinal corresponding to the date include approval of the proposed ending on the application deadline date, that HUD received the information. demolition. as specified in Section I of this HOPE VI (5) If HUD determines that the (v) A Section 18 demolition section of the SuperNOFA, above. HUD information submitted does not make application is not required for a Priority will consider all applications received the application complete, HUD will Group 4 HOPE VI Demolition on the same date as received at the same notify you of the remaining deficiency. application. time on that date, and those You will have the opportunity to submit (e) Priority Group 5. (i) A HOPE VI applications will all be assigned the information in response to notifications Demolition grant application that same Ordinal. of deficiency up until the HOPE VI requests supplemental funds in (B) Demolition Screening. (1) Within Demolition application deadline date. conjunction with an FY 2000 a day after HUD receives your HOPE VI (6) If you do not submit the requested Revitalization application for a site that Demolition grant application, HUD will information by the HOPE VI Demolition has not previously been covered by a screen the application to ensure that it: grant deadline date, your application HOPE VI Revitalization Plan qualifies as (a) Meets each HOPE VI threshold will be ineligible for funding. a Priority 5 application. The units criterion listed in Section V(A) of this (C) Funding. HUD will award HOPE identified for demolition in the HOPE HOPE VI section of the SuperNOFA, VI Demolition grants in the following VI Demolition application may be the above; and order, based on fund availability. same or different units from those (b) Includes each application (1) HUD will fund Priority Group 1 budgeted in the FY 2000 HOPE VI submission requirement listed in applications by Ordinal. Revitalization application. Section IX(B) of this HOPE VI section of (2) If funds remain after HUD has (ii) The requested HOPE VI the SuperNOFA, below. funded all eligible Priority Group 1 Demolition grant funds, in combination (2) If HUD determines that an applications, HUD will fund Priority with the requested HOPE VI application is not eligible for funding Group 2 applications by Ordinal. Revitalization grant funds, may not (e.g., the applicant is not a PHA), HUD (3) If funds remain after HUD has exceed the TDC limit as provided in will not consider the application further funded all eligible Priority Group 2 Section II(A)(3)(a) of this HOPE VI and will immediately notify the applications, HUD will fund Priority section of the SuperNOFA, above. applicant that the application has been Group 3 applications by Ordinal. (iii) If your HOPE VI Revitalization rejected. (4) If funds remain after HUD has application is not approved, the (3) If HUD determines that an funded all eligible Priority Group 3 corresponding HOPE VI Priority Group application is eligible but incomplete, applications, HUD will fund Priority 5 Demolition application will be within one day of receipt of the Group 4 applications by Ordinal. ineligible for funding. application, HUD will contact you in (5) If funds remain after HUD has (iv) If your HOPE VI Demolition writing by fax (followed up with a hard funded all eligible Priority Group 4 application is not approved but your copy by mail) to request the missing applications, HUD will fund Priority HOPE VI Revitalization application is information. If HUD finds your Group 5 applications by Ordinal. selected for funding, you must be able application and other applications (6) At any stage, if there are to show that the Revitalization activities received on the same day to be insufficient funds to fund all are feasible without the requested HOPE incomplete, HUD will notify all such applications with the next Ordinal, VI demolition funds. applicants of their missing items on the HUD will conduct a lottery among the (v) A Section 18 demolition same day. Since HOPE VI Demolition applications sharing the Ordinal to application is not required for a Priority grant applications are not rated, you determine funding. HUD reserves the

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00299 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9620 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices right to partially fund the last lottery (c) Procedures for amendments and Demolition Grant Agreement. Both you winner chosen if insufficient funds approvals; and HUD will sign the Cover Sheet of remain to fund the entire amount (d) Program Requirements; the Grant Agreement, and it is effective requested, but HUD determines that, (e) Required schedules for the on the date of HUD’s signature. The based on the application, partial completion of activities; Grant Agreement sets forth: funding will be a viable alternative to (f) Environmental assessment (a) The amount of the grant; full funding. requirements; (b) Procedures for amendments and (7) If funds remain after all eligible (g) Covenants and conditions; approvals; HOPE VI Demolition grant applications (h) Drawdown procedures; (c) Required schedules for the have been funded, the remaining funds (i) Reporting requirements; completion of activities; will be reallocated for HOPE VI (j) Recordkeeping requirements; (d) Program requirements; Revitalization grants in accordance with (k) Grant closeout procedures; (e) Environmental assessment Section II(B)(1)(b) of this HOPE VI (l) Conflict of interest provisions; requirements; section of the SuperNOFA, above. (m) Other Federal requirements; and (f) Covenants and conditions; (n) Default provisions. (g) Drawdown procedures; VIII. Grant Award Procedures (4) Revitalization Plan. Each new (h) Reporting requirements; (A) Revitalization Grants. (1) Revitalization Grantee will be required (i) Recordkeeping requirements; Notification of Funding Decisions. The to submit supplemental information, (j) Grant Closeout procedures; HUD Reform Act prohibits HUD from including a budget, Community and (k) Conflict of interest provisions; notifying you as to whether or not you Supportive Services Plan, program (l) Other Federal requirements; and have been selected to receive a schedule, and other information as (m) Default provisions. Revitalization grant until it has requested by HUD. When approved by HUD, this information, along with the IX. Application Submission announced all HOPE VI Revitalization Requirements grant recipients. If your Revitalization original grant application, constitutes application has been found to be the HOPE VI Revitalization Plan for the (A) Revitalization Application ineligible or if it did not receive enough severely distressed project. Requirements. (1) Application Kit. The points to be funded, you will not be (5) Mixed Finance Proposal. A HOPE VI Application Kit provides notified until the successful applicants Grantee proposing mixed-finance explicit, specific instructions as to the have been notified. HUD will provide development must submit to HUD a format of a HOPE VI Revitalization written notification to all HOPE VI Mixed Finance Proposal in accordance application. Your application must applicants, whether or not they have with 24 CFR 941.606 or successor part conform to the requirements of this been selected for funding. (subpart F). (B) Demolition Grants. (1) HOPE VI section of the SuperNOFA and (2) Preliminary Approval. HUD Notification of Funding Decisions. follow the format described in the Kit. notification that you have been selected Because the HOPE VI Demolition grants If you fail to adhere to the requirements to receive a HOPE VI grant constitutes are awarded on a first-come, first-served of this NOFA, as detailed in the Kit, and only preliminary approval. Grant funds basis, HUD reserves the right to award omit critical requirements, your may not be released until the following funds to Priority 1 applications as soon application may lose points. In addition activities have been completed: as they are determined to be eligible for to the narrative exhibits that respond to (a) You and HUD must execute a funding, or announce all awards after the rating criteria in this HOPE VI HOPE VI Revitalization Grant the application deadline date has section of this SuperNOFA, your Agreement in accordance with passed. HUD will notify ineligible application will also include paragraph (3) below; applicants of their ineligibility attachments that provide HUD with (b) The responsible entity must immediately after that determination detailed information about your complete an environmental review and has been made. HUD will provide proposed revitalization, including forms you must submit and obtain HUD written notification to all HOPE VI and other documentation. approval of a request for release of funds applicants, whether or not they have (2) Application Page Limits. Each and the responsible entity’s been selected for funding. Revitalization application must contain environmental certification in (2) Preliminary Approval. HUD no more than 75 pages of narrative accordance with 24 CFR part 58 and notification that you have been selected exhibits and 100 pages of attachments. Section IV(B)(7) of this HOPE VI section to receive a HOPE VI demolition grant Any pages after the first 75 pages of of the SuperNOFA, above (or HUD has constitutes only preliminary approval. narrative exhibits and first 100 pages of completed an environmental review Grant funds may not be released until attachments will not be reviewed. under 24 CFR part 50 where HUD has the following activities have been Although submitting pages in excess of determined to do the environmental completed: the page limitations will not disqualify review). (a) You and HUD must execute a an application, HUD will not consider (3) Revitalization Grant Agreement. HOPE VI Demolition Grant Agreement the information on any excess pages, When you are selected to receive a in accordance with paragraph (3) below; which may result in a lower score or Revitalization grant, HUD will send you (b) The responsible entity must failure of a threshold. a HOPE VI Revitalization Grant complete an environmental review and (3) Narrative Exhibits. The following Agreement, which constitutes the you must submit and obtain HUD is a summary of the narratives required contract between you and HUD to carry approval of a request for release of funds in a HOPE VI Revitalization application: out and fund public housing and the responsible entity’s (a) An Executive Summary. revitalization activities. Both you and environmental certification in (b) A list of revitalization team HUD will sign the cover sheet of the accordance with 24 CFR part 58 and members and a description of team Grant Agreement, and it is effective on Section IV(B)(7) of this HOPE VI section experience in development, delivery of the date of HUD’s signature. The Grant of the SuperNOFA, above. community and supportive service Agreement sets forth: (3) Demolition Grant Agreement. If programs, and property management. (a) The amount of the grant; you are selected to receive a Demolition (c) Your need for the HOPE VI grant, (b) Required submissions; grant, HUD will send you a HOPE VI including a description of existing site

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00300 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9621 conditions which demonstrates the (5) HOPE VI Application Forms. The (b) Priority group extent of need for physical following HOPE VI forms are appended (c) Narrative of proposed activities, revitalization, the impact of the to this HOPE VI section of the including a demonstration of the proposal on the neighborhood, your SuperNOFA and are also included in appropriateness of the proposal in the need for funding, the market for the the HOPE VI Application Kit. Electronic context of the local housing market proposed housing types, the need for versions also can be obtained from relative to other alternatives affordable housing in the community, HUDCLIPS (www.hud.clips.org). (d) Program schedule and whether the need has been (a) HOPE VI Revitalization (e) Certification of reasonable and identified by the community. Application Data Form (HUD–52860–A) accurate costs (d) All predevelopment activities, (b) HOPE VI Budget (HUD–52825–A, (f) Certification of extraordinary site including relocation, hazard abatement, Parts I and II) costs, if applicable, and grant demolition, disposition, and site (c) Section 8 Application (HUD– limitations improvements. 52515) (g) Documentation of unit eligibility (e) Elements of the proposed physical (d) HOPE VI Revitalization Applicant (h) Section 8 application, if applicable revitalization, including design; Certifications (HUD–52820–A). See (HUD–52515) accessibility, visitability, and Appendix A of this HOPE VI section of (i) Program budget (HUD–52825–A, adaptability; and a description of how the SuperNOFA for the text of these parts I and II) the plan will lessen concentration. certifications. (j) HOPE VI Demolition Applicant (f) Proposed community and (6) General Section Certification Certifications (HUD–52820–B). See supportive services programs. Forms. The following forms are Appendix B of this HOPE VI section of (g) Your plan for resident and appended to the General Section of the the SuperNOFA for the text of these community outreach and involvement. SuperNOFA and are also included in certifications. (h) Current or planned coordination the HOPE VI Application Kit. Electronic (3) General Section Certification with the revitalization or other related versions of these forms also can be Forms. The following forms are activities of other agencies or obtained from HUDCLIPS appended to the General Section of the organizations, and the relationship of (www.hudclips.org). Additional forms SuperNOFA and are also included in the proposed revitalization to the city or that are required for the HOPE VI the HOPE VI Application Kit. Electronic county’s Consolidated Plan. application can be found in Appendix C versions of these forms also can be (i) Proposed operation and to this program section of the obtained from HUDCLIPS management principles and policies SuperNOFA. (www.hudclips.org). which will foster self-sufficiency and (a) Application for Federal Assistance (a) Application for Federal Assistance economic diversity, increase safety and (SF–424) (SF–424) security for residents, and address the (b) Assurances—Construction (b) Assurances—Construction elimination of impediments to fair Programs (SF–424D) Programs (SF–424D) housing. (c) Certification for a Drug-Free (c) Certification for a Drug-Free (j) Your plan to evaluate the program. Workplace (HUD–50070) Workplace (HUD–50070) (4) Attachments. The following is a (d) Certification of Payments to (d) Certification of Payments to summary of the attachments that will be Influence Federal Transactions (HUD– Influence Federal Transactions (HUD– required in a HOPE VI Revitalization 50071) 50071) application: (e) Disclosure of Lobbying Activities (e) Disclosure of Lobbying Activities (a) Photographs of distressed public (SF–LLL) (if applicable) (SF–LLL) housing and representative photographs (f) Recipient Disclosure/Update (f) Recipient Disclosure/Update of the neighborhood. Report (HUD–2880) Report (HUD–2880) (b) Maps of the current site, the (g) Certification Regarding Debarment (g) Certification Regarding Debarment neighborhood, and the city. and Suspension (HUD–2992) and Suspension (HUD–2992) (c) Map of the proposed site. (h) Certification of Consistency with X. Authority (d) Conceptual site plan. the EZ/EC Strategic Plan (HUD–2990) (e) Conceptual design illustrations of (i) Certification of Consistency with (A) The funding authority for HOPE proposed units and non-dwelling the Consolidated Plan (HUD–2991) VI Revitalization and Demolition grants facilities. (j) Acknowledgment of Application under this HOPE VI section of the (f) Certification of severe physical Receipt (HUD–2993) SuperNOFA is provided by the FY 2000 distress. (B) Demolition Application HUD Appropriations Act under the (g) Program schedule. Requirements. (1) Application Kit. The heading ‘‘Revitalization of Severely (h) Public meeting documentation. Distressed Public Housing (HOPE VI).’’ (i) Copies of letters or other HOPE VI Application Kit provides (B) The program authority for the documentation of objection to the specific instructions as to the format of HOPE VI Program is section 24 of the proposed plan. a HOPE VI Demolition application. Your U.S. Housing Act of 1937 (42 USC (j) Staffing and time allocation plan application must conform to the 1437v), as added by section 535 of the and organizational chart. requirements of this HOPE VI section of (k) Commitments from selected or the SuperNOFA and follow the format Quality Housing and Work proposed team members. described in the kit. Responsibility Act of 1998 (Pub.L. 105– (l) Preliminary market assessment (2) Application Information. The 276, 112 Stat. 2461, approved October letter. following is a summary of the 21, 1998). (m) list and documentation of information required in a HOPE VI Appendix A—HOPE VI Revitalization resources; TDC worksheet; certification Demolition application. Items (h) Certifications of extraordinary site costs, if applicable. (Section 8 application) and (i) (HOPE VI Acting on behalf of the Board of (n) Documentation of coordination Budget form) are available at Commissioners of the Housing Authority with related groups. www.hudclips.org. listed below, as its Chairman, I approve the (o) Letter of commitment to perform (a) Applicant, site, and unit submission of the HOPE VI Revitalization evaluation. information application of which this document is a part

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00301 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9622 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices and make the following certifications to and Grantee Certifications CFR part 109); Title VI of the Civil Rights Act agreements with the Department of Housing If selected for HOPE VI Revitalization of 1964 (42 U.S.C. 2000d) and regulations and Urban Development (HUD) in funding: pursuant thereto (24 CFR part 1). connection with the application and 10. The PHA will comply with all policies, 22. The PHA will address the elimination implementation thereof: procedures, and requirements prescribed by of impediments to fair housing choice HUD for the HOPE VI program, including the relating to its public housing and particularly Applicant Certifications implementation of HOPE VI revitalization to the revitalization of distressed public 1. The public housing project or building activities in a timely, efficient, and housing that were identified in the in a project targeted in this HOPE VI economical manner. jurisdiction’s Analysis of Impediments to Revitalization application meets the 11. The PHA will not receive assistance Fair Housing Choice, remedy discrimination definition of severe distress provided in from the Federal government, State, or unit in housing, and promote fair housing rights and fair housing choice. Section IV.(A)(1) of the HOPE VI section of of local government, or any agency or 23. The PHA will comply with the the FY 2000 HOPE VI NOFA, in accordance instrumentality, for the specific activities prohibitions against discrimination on the funded by the HOPE VI Revitalization grant. with Section 24(j)(2) of the U.S. Housing Act basis of age pursuant to the Age The PHA has established controls to ensure of 1937 (‘‘the Act’’). Discrimination Act of 1975 (42 U.S.C. 6101– that any activity funded by the HOPE VI 2. The PHA has not received assistance 07) and regulations issued pursuant thereto Revitalization grant is not also funded by any from the Federal government, State, or unit (24 CFR part 146); the prohibitions against other HUD program, thereby preventing of local government, or any agency or discrimination against, and reasonable duplicate funding of any activity. instrumentality, for the specific activities for modification and accommodation and which funding is requested in the HOPE VI 12. The PHA will not provide to any accessibility requirements for, handicapped Revitalization application. development more assistance under the individuals under Section 504 of the HOPE VI Revitalization grant than is 3. The PHA does not have any litigation Rehabilitation Act of 1973 (29 U.S.C. 794) necessary to provide affordable housing after pending which would preclude timely and regulations issued pursuant thereto (24 taking into account other governmental CFR part 8); the Americans with Disabilities startup of activities. assistance provided. 4. The PHA is in full compliance with any Act (42 U.S.C. 12101 et. seq.) and regulations 13. The PHA will supplement the aggregate issued pursuant thereto (28 CFR Part 36); and desegregation or other court order related to amount of the HOPE VI Revitalization grant Fair Housing (e.g., Title VI of the Civil Rights the Architectural Barriers Act of 1968, as with funds from sources other than HOPE VI amended (42 U.S.C. 4151) and regulations Act of 1964, the Fair Housing Act, and in an amount not less than 5 percent of the Section 504 of the Rehabilitation Act of 1973) issued pursuant thereto (24 CFR Part 40). amount of HOPE VI grant. 24. The PHA has adopted the goal of that affects the PHA’s public housing 14. In addition to supplemental amounts awarding a specified percentage of the dollar program and that is in effect on the date of provided in accordance with Certification 11 value of the total of the HOPE VI contracts application submission. above, if the PHA uses more than 5 percent to be awarded during subsequent fiscal years 5. PHA has returned any excess advances of the HOPE VI grant for community and to minority business enterprises and will take received during development or supportive services, it will provide appropriate affirmative action to assist modernization, or amounts determined by supplemental funds from sources other than resident-controlled and women’s business HUD to constitute excess financing based on HOPE VI in an amount equal to the amount enterprises in accordance with the a HUD-approved Actual Development Cost used in excess of 5 percent. requirements of Executive Orders 11246, Certificate (ADCC) or Actual Modernization 15. Disposition activity under the grant 11625, 12432, and 12138. Cost Certificate (AMCC), or that HUD has will be conducted in accordance with 25. The PHA will comply with the approved a pay-back plan. Section 18 of the Act. requirements of Section 3 of the Housing and 6. There are no environmental factors, such 16. The PHA will carry out acquisition of Urban Development Act of 1968 (12 U.S.C. as sewer moratoriums, precluding land, or acquisition of off-site units with or 1701u) (Employment Opportunities for development in the requested locality. without rehabilitation to be used as public Lower Income Persons in Connection with 7. The application is consistent with housing, in accordance with 24 CFR part 941, Assisted Projects) and its implementing Environmental Justice Executive Order or successor part. regulation at 24 CFR part 135, including the 12898, in that the proposed public housing 17. The PHA will carry out major reporting requirements of subpart E. will be developed only in environmentally rehabilitation and other physical 26. The PHA will comply with Davis- sound and desirable locations and will avoid improvements of housing and non-dwelling Bacon or HUD-determined prevailing wage disproportionately high and adverse facilities in accordance with 24 CFR 968.11 rate requirements to the extent required 2(b), (d), (e), and (g)-(o), 24 CFR 968.130, and environmental effects on minority and low- under Section 12 of the U.S. Housing Act of 24 CFR 968.135(b) and (d) or successor part. income communities. 1937. 18. The PHA will carry out construction of 8. In accordance with the Flood Disaster 27. As applicable, the PHA will comply public housing replacement housing, both Protection Act of 1973 (42 U.S.C. 4001– with the relocation assistance and real on-site and off-site, and community facilities, property acquisition requirements of the 4128), the property targeted for acquisition or in accordance with 24 CFR part 941 or construction (including rehabilitation) is not Uniform Relocation Assistance and Real successor part, including mixed-finance Property Acquisition Policies Act of 1970 located in an area identified by the Federal development in accordance with subpart F. Emergency Management Agency (FEMA) as and government-wide implementing 19. The PHA will carry out replacement regulations at 49 CFR part 24; relocation having special flood hazards, unless: homeownership activities in general regulations at 24 CFR 968.108 or successor (a) The community in which the area is conformance with the requirements of 24 part (rehabilitation, temporary relocation); 24 situated is participating in the National Flood CFR part 906 and the income limitations of CFR 941.207 or successor part (acquisition); Insurance program (see 44 CFR parts 59 the Act. and 24 CFR Section 18 of the 1937 Act as through 79), or less than one year has passed 20. The PHA will administer and operate amended (disposition). since FEMA notification regarding such rental units in accordance with all existing 28. The PHA will comply with the HOPE hazards; and public housing rules and regulations, as VI requirements for reporting and access to (b) Where the community is participating those requirements now exist or as they may records as required in the HOPE VI in the National Flood Insurance Program, be amended from time to time. Revitalization Grant Agreement. flood insurance is obtained as a condition of 21. The PHA will comply with the 29. The PHA will comply with the Lead- execution of a Grant Agreement and approval requirements of the Fair Housing Act (42 Based Paint Poisoning Prevention Act (42 of any subsequent demolition or disposition U.S.C. 3601–19) and regulations pursuant U.S.C. 4821, et seq.) and is subject to 24 CFR application. thereto (24 CFR part 100); Executive Order part 35 and 24 CFR part 965 (subpart H), as 9. The application does not target 11063 (Equal Opportunity in Housing) and they may be amended from time to time, and properties in the Coastal Barrier Resources regulations pursuant thereto (24 CFR part Section 968.110(k) or successor part. System, in accordance with the Coastal 107); the fair housing poster regulations (24 30. The PHA will comply with the policies, Barrier Resources Act (16 U.S.C. 3501). CFR part 110) and advertising guidelines (24 guidelines, and requirements of OMB

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00302 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9623

Circular A–87 (Cost Principles Applicable to activities for which funding is requested in modification and accommodation and Grants, Contracts, and Other Agreements the HOPE VI Demolition application. accessibility requirements for, handicapped with State and Local Governments). 3. The PHA is in full compliance with any individuals under Section 504 of the 31. The PHA will comply with 24 CFR part desegregation or other court order related to Rehabilitation Act of 1973 (29 U.S.C. 794) 85 (Administrative Requirements for Grants Fair Housing (e.g., Title VI of the Civil Rights and regulations issued pursuant thereto (24 and Cooperative Agreements to State, Local Act of 1964, the Fair Housing Act, and CFR part 8); the Americans with Disabilities and Federally Recognized Indian Tribal Section 504 of the Rehabilitation Act of 1973) Act (42 U.S.C. 12101 et. seq.) and regulations Governments), as modified by 24 CFR 941 or that affects the PHA’s public housing issued pursuant thereto (28 CFR part 36); and successor part, subpart F, relating to the program and that is in effect on the date of the Architectural Barriers Act of 1968, as procurement of partners in mixed finance application submission. amended (42 U.S.C. 4151) and regulations developments, except when inconsistent 4. The PHA does not have any litigation issued pursuant thereto (24 CFR part 40). with the provisions of the 2000 pending which would preclude timely 12. The PHA will address the elimination Appropriations Act or other applicable startup of activities. of impediments to fair housing that were Federal statutes. Requests for Proposals 5. PHA has returned any excess advances identified in the jurisdiction’s Analysis of (RFPs) and Requests for Qualifications received during development or Impediments to Fair Housing Choice; remedy (RFQs) will reflect pertinent language from modernization, or amounts determined by discrimination in housing; and promote fair the program section of FY 2000 HOPE VI HUD to constitute excess financing based on housing rights and fair housing choice. NOFA; e.g., seeking diversity, accessibility, a HUD-approved Actual Development Cost 13. The PHA has adopted the goal of fair housing requirements, etc. Certificate (ADCC) or Actual Modernization awarding a specified percentage of the dollar 32. The PHA will keep records in Cost Certificate (AMCC), or that HUD has value of the total of the HOPE VI contracts accordance with 24 CFR 85.20 that facilitate approved a pay-back plan. to be awarded during subsequent fiscal years an effective audit to determine compliance Grantee Certifications to minority business enterprises and will take with program requirements, and comply with appropriate affirmative action to assist If selected for HOPE VI Demolition the audit requirements of 24 CFR 85.26. resident-controlled and women’s business 33. The PHA will enter into a binding funding: 6. The PHA will comply with all policies, enterprises in accordance with the Development Agreement within 12 months requirements of Executive Orders 11246, from the date of HUD’s approval of the procedures, and requirements prescribed by HUD for the HOPE VI program, including the 11625, 12432, and 12138. Revitalization Plan. In no event may this time 14. The PHA will comply with the period exceed 18 months from the date the implementation of HOPE VI Demolition activities in a timely, efficient, and requirements of section 3 of the Housing and Grant Agreement is executed. Urban Development Act of 1968 (12 U.S.C. 34. The PHA will complete construction economical manner. 7. The PHA will procure a demolition 1701u) (Employment Opportunities for within 48 months from the date of HUD’s Lower Income Persons in Connection with approval of the RP. In no event may the time contractor within six months from the date of Grant Agreement execution, and complete Assisted Projects) and its implementing period for completion exceed 54 months regulation at 24 CFR part 135, including the from the date the Grant Agreement is the demolition within two years from the date of Grant Agreement execution. reporting requirements of Subpart E. executed. 15. The PHA will comply with HUD- 35. All activities that include construction, 8. The PHA will not receive assistance from the Federal government, State, or unit determined prevailing wage rate rehabilitation, lead-based paint removal, and requirements to the extent required under related activities will meet or exceed local of local government, or any agency or instrumentality, for the specific activities section 12 of the Act. building codes. New construction will 16. As applicable, the PHA will comply comply with the latest HUD-adopted Model funded by the HOPE VI Demolition grant. The PHA has established controls to ensure with the relocation assistance and real Energy Code issued by the Council of property acquisition requirements of section American Building Officials. that any activity funded by the HOPE VI Demolition grant is not also funded by any 18 of the Act, as amended (demolition Appendix B—HOPE VI Demolition other HUD program, thereby preventing approved by a Section 18 demolition Applicant Certifications duplicate funding of any activity. application; and/or the Uniform Relocation Assistance and Real Property Acquisition Acting on behalf of the Board of 9. The PHA will not provide to any Policies Act of 1970 and government-wide Commissioners of the Public Housing development more assistance under the implementing regulations at 49 CFR part 24 Authority (PHA) listed below, as its HOPE VI Demolition grant than is necessary (demolition pursuant to a Section 18 Chairman, I approve the submission of the to perform demolition activities after taking demolition application; demolition approved HOPE VI Demolition funding application of into account other governmental assistance pursuant to a Mandatory Conversion Plan). which this document is a part and make the provided. 17. The PHA will comply with the HOPE following certifications to and agreements 10. The PHA will comply with the VI requirements for reporting and access to with the Department of Housing and Urban requirements of the Fair Housing Act (42 records as required in the HOPE VI Development (HUD) in connection with the U.S.C. 3601–19) and regulations pursuant Demolition Grant Agreement. application and implementation thereof: thereto (24 CFR part 100); Executive Order 11063 (Equal Opportunity in Housing) and 18. The PHA will keep records in Applicant Certifications regulations pursuant thereto (24 CFR part accordance with 24 CFR 85.20 that facilitate 1. The public housing project or building 107); the fair housing poster regulations (24 an effective audit to determine compliance in a project targeted in this HOPE VI CFR part 110) and advertising guidelines (24 with program requirements, and comply with Demolition application meets the definition CFR part 109); Title VI of the Civil Rights Act the audit requirements of 24 CFR 85.26. of severe distress provided in Section of 1964 (42 U.S.C. 2000d) and regulations 19. The PHA will comply with the policies, IV.(A)(1) of the program section of the FY pursuant thereto (24 CFR part 1). guidelines, and requirements of OMB 2000 HOPE VI NOFA, in accordance with 11. The PHA will comply with the Circular A–87 (Cost Principles for State, Section 24(j)(2) of the U.S. Housing Act of prohibitions against discrimination on the Local and Indian Tribal Governments) and 24 1937 (‘‘the Act’’). basis of age pursuant to the Age CFR part 85 (Administrative Requirements 2. The PHA has not received assistance Discrimination Act of 1975 (42 U.S.C. 6101– for Grants and Cooperative Agreements to from the Federal government, State, or unit 07) and regulations issued pursuant thereto State, Local and Federally Recognized Indian of local government, or any agency or (24 CFR part 146); the prohibitions against Tribal Governments). instrumentality, for the specific demolition discrimination against, and reasonable BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00303 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9624 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Appendix C The non-standard forms, which follow, are required for your HOPE VI application.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00304 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9625

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00305 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9626 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00306 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9627

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00307 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9628 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00308 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9629

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00309 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9630 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00310 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9631

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00311 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9632 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00312 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9633

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00313 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9634 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00314 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9635

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00315 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9636 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00316 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9637

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00317 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9638 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00318 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9639

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00319 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00320 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9641

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00321 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00322 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9643

FUNDING AVAILABILITY FOR located at 451 Seventh Street, SW, II. Amount Allocated PUBLIC AND INDIAN HOUSING Washington, DC 20410. For FY 2000, approximately $500,000 DRUG ELIMINATION TECHNICAL Submit the second copy of your is available for Public Housing Drug ASSISTANCE PROGRAM (DETAP) application to the appropriate HUD Elimination Technical Assistance. Program Overview Field Office or HUB with delegated public housing responsibilities for your III. Program Description; Eligible Purpose of the Program. The purpose organization. See Appendix A for a list Applicants; Eligible Activities of the Public and Indian Housing Drug of HUD offices with delegated (A) Program Description. (1) The Elimination Technical Assistance responsibilities. You may also call the purpose of this program is to provide Program (DETAP) is to provide no more SuperNOFA Information Center at 1– not more than thirty (30) billable days than thirty (30) billable days of 800–HUD–8929 if you have a question of technical assistance (TA) consultant technical assistance (TA) consultant regarding where you should submit services to assist public housing services to assist public housing your application (persons with hearing agencies (PHAs), Indian tribes and agencies (PHAs), Indian tribes and or speech impairments may call the Tribally Designated Housing Entities Tribally Designated Housing Entities Center’s TTY number at 1–800–HUD– (TDHEs), Resident Management (TDHEs), Resident Management 2209). Corporations (RMCs), incorporated Corporations (RMCs), incorporated Resident Councils (RCs) and Resident Resident Councils (RCs), and Resident You must submit with your Organizations (ROs) to improve the Organizations (ROs) to improve the application(s) to CSCD, a Confirmation administration and effectiveness of the management and effectiveness of the Form documenting that the appropriate Public Housing Drug Elimination Public Housing Drug Elimination HUD Field Office or Hub received your Program (PHDEP) grants. The TA Program. The TA services may be TA application (this form is a threshold services may be conducted over a period conducted over a period of not more requirement). not to exceed 90 days. Housing than 90 days. HUD will review and accept DETAP Authorities are encouraged to use this Available Funds. Approximately applications on a first come first serve program as a tool to evaluate, monitor $500,000. basis until June 9, 2000, or until funds Eligible Applicants. Public Housing available under this program are and administer the Public Housing Drug Authorities (PHAs), Indian tribes and expended. Due to the reduced Elimination Program grants. Tribally Designated Housing Entities availability of funds in FY 2000, HUD (2) HUD may also initiate TA under (TDHEs); incorporated Resident encourages you to submit early. this program to identify areas of high Management Corporations (RMCs), risk among HAs and to improve For Application Kits. For an administration of PHDEP grants incorporated Resident Councils (RCs), application kit and any supplemental and Resident Organizations (ROs). nationally. HUD initiated TA requires information, please call the SuperNOFA an application with a letter of support Application Deadline. June 9, 2000. Information Center at 1–800–HUD– Match. None. from the HUD Field Office. HUD 8929. Persons with hearing or speech initiated TA is also short-term Additional Information impairments may call the Center’s TTY assistance. number at 1–800–HUD–2209. When If you are interested in applying for (3) The program will fund the use of requesting an application kit, please consultants having demonstrated Public Housing Drug Elimination refer to the Public Housing Drug Technical Assistance funding, please knowledge of or specialized experience Elimination Technical Assistance in providing the following services: review carefully the General Section of Program, and provide your name, this SuperNOFA and the following address (including ZIP Code) and (a) Crisis Intervention/Mediation; additional information. telephone number (including area code). (b) Defensible Space/Crime Prevention An application kit is also available on through Environmental Design; I. Application Due Date, Application (c) Guidance on the development of the Internet through the HUD web site Kits, Further Information, and Five-year PHA Plans; at http://www.hud.gov/pih/programs/ Technical Assistance (d) Assistance in the development or ph/de/cscd.html. Application Due Date. Your evaluation of PHDEP performance completed application (an original and For Further Information and indicators for each PHDEP activity; one copy) is due on or before 12:00 Technical Assistance. You may contact (e) Tools and techniques for gathering midnight, Eastern time, on June 9, 2000, the local HUD Field Office or Hub crime statistics; at the address shown below. The only where you will be submitting your (f) Crime mapping techniques; exception to this deadline is for HUD- application or you my call the Public (g) Technology Assessments: Initiated Public Housing Drug Housing Drug Elimination TA Support Determination of how computer Elimination Technical Assistance, for Center at 1–800–578–3472, option 3. For software and hardware may be used to which there is no application deadline. further information on how to initiate improve grant administration (e.g., See the General Section of this an application for technical assistance, establishment of a crime statistics SuperNOFA for specific procedures please contact LaWanda Young of the database); governing the form of application Community Safety and Conservation (h) Training on Best Practices (e.g., submission (e.g., mail applications, Division on (202) 708–1197, extension Peacemakers/Building Tolerance and express mail, overnight delivery, or 4209. Youth Violence Prevention, Wellness hand-carried). Satellite Broadcast. HUD will hold an Training, Development and Address for Submitting Applications. information broadcast via satellite for Implementation of Kobans, Your application consists of one original potential applicants to learn more about Development of Gun-Buyback signed application and two copies. the program and preparation of the programs); Submit one original application and one application. For more information about (i) Establishment of Partnerships with copy to the Community Safety and the date and time of the broadcast, you Law enforcement agencies; Conservation Division (CSCD), Room should consult the HUD web site at (j) Drafting memoranda of 4206 at the HUD Headquarters Building http:///www.hud.gov. understanding with partners;

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00323 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9644 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(k) Translation of the strategic plan (e) Your voting members must be staff for one or more of the following components into measurable and residents of the development or circumstances: attainable goals for the PHDEP Semi- developments you manage. (f) You must (a) Housing authorities, Indian tribes, Annual Performance Reporting be approved by the RC. If there is no TDHEs, RCs, ROs, and RMCs that are System; organized resident organization, a unable to document their drug and/or (l) Plan versus Performance majority of the households of the crime problems through crime statistics; Assessments; development must approve the (b) Housing authorities, Indian tribes, (m) Internet-based computer training as establishment of your organization to TDHEs, RCs, ROs, and RMCs that do not it specifically relates to the determine the feasibility of establishing have the expertise to develop effective administration of the PHDEP. a corporation to manage the drug and crime prevention programs; (B) Eligible Applicants. PHAs, Indian development. (c) Housing authorities that need tribes and TDHEs, RCs, ROs in the case (g) You may serve as either an RMC assistance in using the PHDEP Semi- of Indian tribes and TDHEs, and RMCs or RC, so long as your corporation meets Annual Performance Reporting System are eligible to receive short-term the requirements of 24 CFR part 964 for to evaluate their program. (d) Housing Authorities that need technical assistance services under a RC. (In the case of a RMC for an Indian assistance in developing performance DETAP. Specific eligibility tribe or TDHE, you may serve as both indicators; Housing authorities, Indian requirements are: the RMC and the RO, so long as your tribes, TDHEs, RCs, ROs, and RMCs that (1) If you are an RC or RO, you must corporation meets the requirements of need assistance in developing be an incorporated nonprofit this program for a RO.) evaluation mechanisms for drug organization or association that meets (3) You can only submit one all seven of the following requirements: elimination programs and strategies. application per award period. A PHA (e) Housing authorities, Indian tribes, (a) You must be representative of the and its eligible resident groups, and an residents you purport to represent. TDHEs, RCs, ROs, and RMCs with Indian tribe and its TDHE may apply special circumstances whose needs fit (b) You may represent residents in during the same award period as long as more than one development or in all of under the scope of this program section there is no conflict or overlap in your of the SuperNOFA. the developments of a PHA or Indian proposed activities. You are eligible to tribe or TDHE, but you must fairly (2) Ineligible Activities. Funding is not apply to receive technical assistance permitted for: (a) Any type of monetary represent residents from each even if you are already receiving development that you represent. compensation for residents. technical assistance under this program, (b) Any activity that is funded under (c) You must adopt written as long as your request creates no any other HUD program, including TA procedures providing for the election of scheduling conflict with other DETAP and training for the incorporation of RCs specific officers on a regular basis, but requests. If HUD initiates TA with your or RMCs, and other management at least once every 3 years. organization, you may not receive more (d) You must have a democratically activities; than one type of technical assistance (c) Any type of resident or PHA staff elected governing board. The voting concurrently unless HUD, in member training and technical membership of your board must consist consultation with your organization, assistance that does not relate to crime, of residents of the development or determines that the TA will not drug reduction/elimination, risk developments that you represent. negatively affect the quality of the (e) You must be supported in your management or technical assistance to DETAP. application by a PHA or an Indian tribe improve the overall administration and (4) You are eligible to apply to receive or TDHE. management of PHDEP grants and (f) You must provide evidence of technical assistance whether or not you performance goals; incorporation. are already receiving drug elimination (d) Salary or fees to your staff, or your (g) You must provide evidence of funds under the Public and Indian former staff within a year of their adopted written procedures for electing Housing Drug Elimination Program. employment; (e) Underwriting conferences; officers. (5) You must comply with the laws, (f) Grant Writing Training and (2) If you are an RMC, you must be an regulations, and Executive Orders applicable to the Drug Elimination TA Funding Research/Development; entity that proposes to enter into, or that (g) Graffiti Removal/Prevention; enters into, a management contract with Program, including applicable civil rights laws. (h) Resident Patrols; a PHA under 24 CFR part 964, or a (i) Peer Support; management contract with an Indian (C) Eligible Activities. (1) Eligible (j) Alternative Programs; tribe or TDHE. You must have all seven activities under this funding. Funding is (k) Leadership Training for Resident of the following characteristics: limited to technical assistance for Organizations; (a) You must be a nonprofit carrying out activities authorized under (l) Conference speakers; organization incorporated under the Chapter 2, Subtitle C, Title V of the (m) Program implementation, laws of the State or Indian tribe where Anti-Drug Abuse Act of 1988 (42 U.S.C. proposal writing, financial support for you are located. 11901 et. seq.), as amended by section existing programs, or efforts requiring (b) You may be established by more 581 of the National Affordable Housing more than 30 billable days of technical than one RO or RC, so long as each: Act of 1990 (Pub.L. 101–625, approved assistance over a 90 day period or approves the establishment of your November 28, 1990), and section 161 of assistance that will require more than 90 corporation; and has representation on the Housing and Community days to complete; the purchase of the Board of Directors of your Development Act of 1992 (Pub.L. 102– hardware or equipment, or any activities corporation. 550, approved October 28, 1992). The deemed ineligible in the Drug (c) You must have an elected Board of following circumstances are eligible for Elimination Program, excluding Directors. HUD-Initiated Technical Assistance consultant’s fees. (d) Your by-laws must require the under the Public and Indian Housing Board of Directors to include Drug Elimination Technical Assistance IV. Program Requirements representatives of each RO or RC Program. HUD-Initiated technical Except as stated below in this section, involved in establishing the corporation. assistance may be requested by HUD you must meet the requirements listed

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00324 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9645 in Section II of the General Section of (b) Experience as an independent submitted by a PHA, Indian tribe or this SuperNOFA. You must also meet consultant, or as a consultant working TDHE, RC, RO or RMC duplicates a these additional requirements: with a firm with related experience and sufficient amount of any prepared (A) Individual Award Amounts. You understanding of on-site work sample to raise issues of possible may not submit an application for more requirements, contractual, reporting and conflict of interest, and HUD determines than $15,000. billing requirements; you provided and distributed the (1) Applications for short-term (c) Crisis Intervention/Mediation; sample, you will be disqualified from technical assistance may be funded up (d) Defensible Space/Crime receiving HUD funds. to $15,000, with HUD providing Prevention through Environmental (c) Consultants accepted into the payment directly to your authorized Design Guidance on the development of DETAP are prohibited from soliciting consultant for the consultant’s fee, Five-year PHA Plans; their services to eligible applicants. travel, room and board, and other (e) Assistance in the development or (d) HUD-registered consultants are approved costs at the government rate evaluation of PHDEP performance eligible to receive funds to be approved by HUD. indicators for each PHDEP activity; reimbursed for up to $15,000 for (2) Technical assistance initiated by (f) Tools and techniques for gathering conducting short-term technical HUD may be for any amount up to crime statistics; assistance. Long-term results are $25,000 when HUD staff determine that (g) Crime mapping; expected from each job. After your work more than 30 billable days of technical (h) Technology Assessments: is completed, evaluations from assistance over a 90-day period is Determination of how computer recipients of the technical assistance justified. software and hardware may be used to services will be submitted to HUD on (B) Receipt of More than One improve grant administration (e.g. your work performance. The evaluations Application. If HUD receives more than establishment of a crime statistics will be carefully reviewed to make sure one application from a HA, or a group database; Training on Best Practices (e.g. the recipients of TA are satisfied with of RCs, ROs, or RMCs, or an Indian tribe Peacemakers/Building Tolerance and your services. If your performance and a TDHE, in proximity to one Youth Violence Prevention, Wellness receives a satisfactory rating, you will be another, HUD may exercise discretion to Training, Development and reimbursed by HUD. In extreme cases of consider any two or more applications Implementation of Kobans, technical assistance needs, staff as one, recommending one or more Development of Gun-Buyback members of HUD Headquarters and field consultants and executing contracts for programs); offices may recommend specialized (i) Establishment of Partnerships with any combination of applications. technical assistance for which you can Law enforcement partnerships; (C) Affirmatively Furthering Fair (j) Drafting memoranda of receive up to $25,000 in funds. Housing. Section II(D) of the General understanding with partners; You may not have any more than two Section does not apply to this NOFA (k) Translation of the strategic plan contracts or purchase orders at one time because its purpose is to address components into measurable and nor be involved with more than one specific and targeted problems faced by attainable goals for the PHDEP Semi- company at a time that has active Public Housing Authorities, Indian Annual Performance Reporting System; technical assistance contracts. You may tribes, Tribally Designated Housing (l) Plan versus Performance not have any more than four contracts Entities, Resident Management Assessments; or purchase orders within the calendar Corporations, Resident Councils, or (m) Internet-based computer training year. If you are working as a member of Resident Organizations in their as it specifically relates to the a multi-person firm, the key individual management of the Public Housing Drug administration of the PHDEP. for the specific contract must be listed Elimination Program and to assist the (2) Additional requirements for on each contract as the point of contact. applicants in the improvement of the consultants include the following: The point of contact must be on-site effectiveness of that program. (a) In addition to the conflict of more hours than any other contracted (D) Eligible Consultants. HUD is interest requirements in 24 CFR part 85, staff billing to the purchase order, and seeking individuals or entities who have no person who is an employee, agent, that individual may have no more than experience working with public or officer, or appointed official of an two purchase orders active at the same Tribal housing or other low-income eligible applicant may be funded as a time. populations to provide short-term consultant to that organization by this (E) Ineligible Consultants. Consultants technical assistance under this DETAP Drug Elimination Technical Assistance and/or companies currently debarred or section of the SuperNOFA. Consultants Program. suspended by HUD are not eligible to who have previously been deemed (b) If you are a consultant who wishes perform services under this program. eligible and are part of HUD’s TA to provide drug elimination technical Also, consultants that are not in the Consultant Database need not reapply, assistance services through this official Consultant database are but must update their file with more program, you must not have had any considered ineligible for this program. recent experience and rate justification. involvement in the preparation or (F) Application Process for (1) To qualify as an eligible submission of any DETAP proposal. Consultants. (1) If you are an individual consultant, you should have Your involvement will be considered a or entity interested in being listed in the demonstrated knowledge and conflict of interest, making you DETAP Consultant Database, you must specialized experience in one or more of ineligible for providing consulting prepare your application and send it to the following general areas: services to the eligible applicant and the address specified in the application (a) PHA/Indian tribe or TDHE-related will disqualify you from future kit. Before you can be entered into the experience with: (i) Agency organization consideration. This prohibition shall Consultant Database, you must submit and management; also be invoked for preparing and an application that includes the (ii) Facility operations; distributing prepared generic or sample following information: (iii) Strategic plan development, and applications to entities eligible to apply (a) The Consultant Resource Inventory (iv) Prevention and intervention for funding under this program. If HUD Questionnaire, including at least three programs; determines that any application written references, all related to the

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00325 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9646 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices general areas listed in this DETAP needs assessment or survey.’’ You must to the consultant to proceed to work. If section of the SuperNOFA. One or two be able to discuss what prevents you two or more applications from HAs or of the written references must relate to from identifying, describing, and/or resident groups are combined, the work for a PHA, Indian tribe or TDHE, measuring the problems for which you consultant to provide the combined RC, RO or RMC; are requesting technical assistance. technical assistance should have the (b) A resume; (a) Describe in detail the problem, capability to administer both or all types (c) Documented evidence of the issue or weakness that hinders the of technical assistance being requested standard daily fee previously paid to proper administration or effectiveness of by each applicant. you for technical assistance services PHDEP. (3) Once your application for TA has similar to eligible activities under this (b) Identify what technical assistance been reviewed and found acceptable by DETAP. If you can justify up to the you would like to receive. HUD, the TA Consultant Database will equivalent of $462.00 per day, your (c) Explain how the technical be searched for consultants who have: evidence must include an accountant’s assistance sought will improve the (a) A principal place of business or statement, W–2 Wage Statements, or administration of the grant or the residence located within the same payment statements, supplemented with effectiveness of the PHDEP grant geographic area as the applicant. For a signed statement or other evidence program. purposes of this program section of the from the employer of days worked in (d) Describe how the technical SuperNOFA, the term ‘‘geographic area’’ the course of the particular project (for assistance will be used in assisting you refers to, in order of priority: city, state, a payment statement) or the tax year (for in strategic planning. You may wish to region, and country; a W–2 Statement). address any or all of the following: (b) The requisite knowledge, skills, (2) HUD will determine your specific (i) Establishment of a framework for and abilities to respond to the request ; fee based upon the evidence you annual program evaluation of PHDEP and submitted under this DETAP. activities; (c) The most reasonable (least (3) If you are an employee of a (ii) Scheduling data collection for expensive) fees. housing agency (HA), Indian tribe, or evaluation; (4) HUD will then forward to you a TDHE, you may not serve as a (iii) Identification of appropriate list of suggested consultants from the consultant to your employer. If you performance indicators, interpretation consultant database. From this list, you serve as a consultant to other than your of results of data collection; must select a consultant to provide your employer, you must be on annual leave (iv) Improving data collection and requested TA. to receive the consultant fee. data elements; (5)(a) From the list provided by HUD, (i) Applicants are prohibited from (v) Guidance on the development of you must contact three TA consultants. selecting consultants by name from your 5-year plan; HUD may request confirmation from HUD’s consultant database. (vi) Preparation assistance meeting each contacted consultant that they (ii) Consultants will be recommended your PHDEP semiannual performance were contacted. If HUD determines that to an organization seeking TA, based on reporting requirements; or any consultant was not contacted, HUD factors including previous experience, (vii) Crime mapping and (Headquarters) may consider your reasonableness of the fee, and identification of appropriate hardware selection by the applicant void, and can geographic proximity to the site where and software. choose a consultant for you. TA will be provided. Section V of this (e) Specify what outcome you expect (b) After contacting each consultant, DETAP section of this SuperNOFA to achieve and how it will benefit you must send a written justification for explains this further. PHDEP over the next five years. your recommended selection in order (f) How will the proposed assistance preference. If any are unacceptable, you V. Application Selection Process allow you to develop an anti-drug, anti- must also indicate the consultant and (A) General. HUD will review crime strategy; or how will the proposed the reasons you find them unacceptable. applications on a first-come, first-served assistance fit into your current strategy? (c) If you find that all referred basis, until funds under this DETAP (g) The application must include the consultants lack the requisite expertise, section of the SuperNOFA are no longer form, ‘‘HUD Field Office/AONAP you must provide written detailed available. Eligible applications will be Confirmation Form.’’ documentation justifying this decision. funded in the order in which (h) If your application does not meet If HUD determines that your negotiations for a statement of work are the requirements described above it will justification is adequate, you will be completed. HUD-Initiated applications not be considered for funding. provided with a second list of potential will be received throughout the year (C) Application Awards. (1) If your consultants. with no deadline or until funds are application is deemed eligible for (d) If you do not provide HUD the expended. funding and sufficient funds are written justification of consultant choice (B) Threshold Submission available, you will be contacted by HUD within 30 calendar days, HUD reserves Requirements for Funding or its agent to confirm the work the right to cancel your TA request. Consideration. In addition to required requirements. (6)(a) HUD or its agent will work with forms, certifications and assurances, (2) Only one application will be your selected consultant and you to found in the General Section of the accepted from an HA, Indian tribe or develop a ‘‘statement of work.’’ The SuperNOFA, the following requirements TDHE; or group of RCs, ROs or RMCs in statement of work should include: must be included in your application to proximity to one another. HUD may (i) A time line and estimated budget; be considered and approved for exercise its discretion to consider any (ii) A discussion of the kind of funding: two or more applications as one, technical assistance and skills needed to If you are requesting TA services, you assuming that the applications are address the problem, and how the must meet the following requirements: received at the same time, or before technical assistance requested will (1) The applicant must answer the approval by the Office of Finance and address these needs; and following questions: Note: You cannot Accounting and the Office of (iii) A description of the current crime request technical assistance under Procurement and Contracts, executing and drug elimination strategy, and how DETAP by answering ‘‘to conduct a the contract, and providing notification the requested technical assistance will

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00326 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9647 assist in improving the management and (c) Any technical assistance received Buffalo oversight of the PHDEP Grant Program. will be used in compliance with all Joan Spilman, Office of Public Housing, requirements in the SuperNOFA. HUD—Buffalo State Office, Lafayette (b)(i) When HUD has completed the Court, 465 Main Street, Fifth Floor, authorization to begin work, your (3) The application must contain a four page (or fewer) application letter Buffalo, New York 14203–5755, (716) selected consultant will be contacted to 551–5755 ext. 5050 Fax (716) 551–4789 start work. Your consultant must receive responding to each of the requirements New Jersey written authorization from HUD or its listed in Section V(B) of the DETAP Carmen Valenti, Office of Public Housing, authorized agent before beginning to section of the SuperNOFA. HUD—New Jersey State Office, One provide technical assistance. The Newark Center, 13th Floor, Newark, NJ VII. Corrections to Deficient 07102–5260, (973) 622–7900 ext. 3600 requesting organization and the relevant Applications Field Office or Area Office of Office of Fax (973) 645–6239 Native American Programs will also be The General Section of the MID-ATLANTIC REGION notified that authorization to begin work SuperNOFA provides the procedures for Philadelphia has been given. corrections to deficient applications. Malinda Roberts, Office of Public Housing, (ii) Work begun before the authorized VIII. Environmental Requirements HUD—Pennsylvania State Office, The Wanamaker Building, 100 Penn Square date will be considered unauthorized In accordance with 24 CFR East, Philadelphia, PA 19107–3390, (215) and will not be compensated by HUD. 50.19(b)(9), the assistance provided 656–0576 or 0579, ext. 3308, Fax (215) (iii) Consultants will only be under this program relates only to the 656–3433 reimbursed for a maximum of 30 days provision of technical assistance and Baltimore of work, which must be completed in therefore is categorically excluded from Dana Johnson, Office of Public Housing, fewer than 90 days from the date of the the requirements of the National HUD—Maryland State Office, City Crescent Building, 10 South Howard approved statement of work. The Environmental Policy Act and is not Street, 5th Floor, Baltimore, Maryland exception to this will be for HUD- subject to environmental review under 21201–2505, (410) 962–2520 ext. 3102 Initiated technical assistance. the related laws and authorities. This Fax (410) 962–0668 VI. Application Submission determination is based on the West Virginia Henry Miller, Office of Public Housing, Requirements ineligibility of real property acquisition, construction, rehabilitation, conversion, HUD—West Virginia State Office, (A) General. In addition to the leasing, or repair for HUD assistance Kanawha Valley Building, 405 Capitol program requirements listed in the under this program. Street, Suite 708, Charleston, WV 25301– 1795, (304) 347–7057 Fax (304) 347– General Section of this SuperNOFA, IX. Authority 7045 each DETAP application must include Pittsburgh both the descriptive letter and The FY 2000 HUD Appropriations Act Office of Public Housing, HUD—Pittsburgh certification statement to be eligible for under the heading, ‘‘Drug Elimination Area Office, 339 Sixth Avenue, 6th funding. Grants for Low-Income Housing.’’ Floor, Pittsburgh, PA 15222–2515, (412) 644–6571 Fax (412) 644–6499 (B) Forms, Certifications and Appendix A—HUD’s Public Housing Area Virginia Assurances. Your application must Offices Pat Anderson, Office of Public Housing, contain the items listed in this Section NEW ENGLAND REGION HUD—Virginia State Office, The 3600 VI(B). These items include the standard Boston Centre, 3600 West Broad Street, P.O. Box forms, certifications, and assurances Donna Ayala, Office of Public Housing, 90331, Richmond, VA 23230–0331, (804) listed in the General Section of the HUD—Massachusetts State Office, 278–4500 ext. 3217 Fax (804) 278–4603 SuperNOFA that are applicable to this Thomas P. O’Neill, Jr. Federal Building, District of Columbia funding (collectively, referred to as the 10 Causeway Street, Room 553, Boston, Lee Palman, Office of Public Housing, ‘‘standard forms’’). The standard forms MA 02222–1092, (617) 565–5197 Fax HUD—District of Columbia Office, 820 can be found in Appendix B to the (617) 565–5257 First Street, NE, Suite 450, Washington, DC 20002–4205, (202) 275–7965 ext 3175 General Section of the SuperNOFA. The Hartford Raymond Jordan, Office of Public Housing, Fax (202) 275–0779 remaining application items that are HUD—Connecticut State Office, 19th SOUTHEAST REGION forms (i.e., excluding such items as Floor, One Corporate Center, Hartford, Atlanta narratives, letters), referred to as the CT 06103–3220, (860) 240–4800 or (860) Boyce Norris, Office of Public Housing, ‘‘non-standard forms’’ can be found as 240–4850 Appendix A to this program section of Manchester HUD—Georgia State Office, Richard B. Robin Gagnon, Office of Public Housing, Russell Federal Building, 40 Marietta the SuperNOFA. The items are as Street, Atlanta, GA 30303, (404) 331– follows: HUD—New Hampshire State Office, Norris Cotton Federal Building, 275 4766 Fax (404) 730–2365 (1) Applications must be signed and Chestnut Street, Manchester, NH 03101– Alabama certified by both the Executive Director 2487, (603) 666–7674 or Fax (603) 666– Debra Pippen, Office of Public Housing, or Tribal Council or authorized TDHE 7714 HUD—Alabama State Office, Beacon official and a resident leader. Providence Ridge Tower, 600 Beacon Parkway West, Marlene Piekarsky, Office of Public #300, Birmingham, AL 35209–4144, (2) The certification must indicate (205) 290–7601 ext 1101 Fax (205) 290– that: Housing, HUD—Rhode Island State Office, 10 Weybosset Street, 6th Floor, 7593 (a) A copy of the application was sent Providence, RI 02903–3234, (401) 528– Columbia to the local HUD Field Office, Public 5366 or (401) 528–5370 Larry Knightner, Office of Public Housing, Housing Directors, or Administrator, HUD—South Carolina State Office, NEW YORK/NEW JERSEY REGION Office of Native American Programs; Strom Thurmond Federal Building, 1835 New York Assembly Street, Columbia, SC 29201– (b) The application was reviewed by Mirza Del Rosario, Office of Public 2480, (803) 765–5831 or (806) 765–5515 both the housing authority Executive Housing, HUD—New York State Office, Greensboro Director or Tribal Council or authorized 26 Federal Plaza Suite 32–116, New Ledford Austin, Office of Public Housing, TDHE official, and a resident leader of York, New York 10278–0068, (212) 264– HUD—North Carolina State Office, Koger your organization; and 8931 Fax (212) 264–9834 Building, 2306 West Meadowview Road,

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00327 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9648 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Greensboro, NC 27407–3707, (336) 547– Joann Adams, Office of Public Housing, Andrew Boeddeker, Office of Public 4038 Fax (336) 547–4015 HUD—Michigan State Office, Patrick V. Housing, HUD—Kansas/Missouri State Mississippi McNamara Federal Building, 477 Office, Gateway Tower II, 400 State George Smith, Office of Public Housing, Michigan Avenue, Detroit, MI 48226– Avenue, Kansas City, KS 66101–2406, HUD—Mississippi State Office, Doctor 2592, (313) 226–6880, ext. 8111 Fax (913) 551–5582 or (913) 551–6916, Fax A. H. McCoy Federal Building, 100 West (313) 226–5611 (913) 551–5416 Capitol Street, Room 910, Jackson, MS Grand Rapids Des Moines 39269–1016, (601) 965–4761 Fax (601) Joann Adams, Office of Public Housing, Kathy Winter, Office of Public Housing, 965–4773 HUD—Grand Rapids Area Office, 50 HUD—Iowa State Office, Federal Miami Louis Street, NW, 3rd Floor, Grand Building, 210 Walnut Street, Room 29, Karen Cato-Turner, Office of Public Rapids, Michigan 49503, (616) 456–2100 Des Moines, IA 50309–2155, (515) 284– Housing, HUD—Florida State Office, 909 Fax (616) 456–2187 4315, Fax (515) 284–4895 SE First Avenue, Suite 500, Miami, FL Indianapolis Omaha 33131, (305) 536–4443 Fax (305) 536– Forrest Jones, Office of Public Housing, Charlie Hill, Office of Public Housing, 5663 HUD—Indiana State Office, 151 North HUD—Nebraska State Office, Executive Jacksonville Delaware Street, Suite 1200, Tower Centre, 10909 Mill Valley Road, John Niesz, Office of Public Housing, Indianapolis, IN 46204–2556, (317) 226– Omaha, NE 68154–3955, (402) 492–3137, HUD—Jacksonville Area Office, 6557 Fax (317) 226–5594 Fax (402) 492–3163 Southern Bell Tower, 301 West Bay Milwaukee St. Louis Street, Suite 2200, Jacksonville, FL John Finger, Office of Public Housing, Patricia Straussner, Office of Public 32202–5121, (904) 232–1777 ext. 2142 HUD—Wisconsin State Office, Henry S. Housing, HUD—St. Louis Area Office, Fax (904) 232–3759 Reuss Federal Plaza 310 West Wisconsin Robert A. Young Federal Building, 1222 Kentucky Avenue, Suite 600, Milwaukee, WI Spruce Street, St. Louis, MO 63103– Arthur Wasson, Office of Public Housing, 53203–2289, (414) 297–3214 ext. 8200 2836, (314) 539–6505, Fax (314) 539– HUD—Kentucky State Office, 601 West Fax (414) 297–1180 6508 Broadway, Post Office Box 1044, Louisville, KY 40201–1044, (502) 582– Minneapolis ROCKY MOUNTAIN REGION 6163 ext. 370 Fax (502) 582–6558 Diane Cmiel, Office of Public Housing, HUD—Minnesota State Office, 220 South Denver Knoxville, TN John DiBella, Office of Public Housing, Shelley Day, Office of Public Housing, Second Street, Minneapolis, Minnesota 55401–2195, (612) 370–3135 Fax (612) HUD—Colorado State Office, First HUD—Knoxville Area Office, John J. Interstate Tower North, 633—17th Street, Duncan Federal Building, 710 Locust 370–3003 SOUTHWEST REGION 12th Floor, Denver, CO 80202–3607, Street, Third Floor, Knoxville, TN (405) 672–5380, Fax (405) 672–5065 37902–2526, (423) 545–4402 ext. 4 Fax Fort Worth (423) 545–4569 Roman Palamores, Office of Public PACIFIC HAWAII REGION Nashville, TN Housing, HUD—Texas State Office, 1600 San Francisco Michael Farley, Office of Public Housing, Throckmorton, Post Office Box 2905, Joyce Lee, Office of Public Housing, HUD— HUD—Tennessee State Office, 235 Fort Worth, TX 76113–2905, (817) 978– California State Office, Phillip Burton 5700, ext. 3332 Fax (817) 978–9289 Cumberland Bend Drive, Suite 200, Federal Building/Courthouse, 450 Albuquerque Nashville, TN 37228–1803, (615) 736– Golden Gate Avenue, 9th Floor, San Carmella Herrera, Office of Public Housing, 5063 ext. 6132 Fax (615) 736–2886 Francisco, CA 94102–3448, (415) 436– HUD—New Mexico State Office, 625 San Juan, PR 8375, Fax (415) 436–6440 Silver Avenue, S.W., Suite 100, Hildamar Ortiz, Office of Public Housing, Phoenix Albuquerque, N.M. 87102–3185, (505) HUD—Caribbean Office, Administracion (Denver Office handles resident 346–7355 Fax (505) 346–6604 de Terrenos Building, 171 Carlos E. initiatives), Office of Public Housing, Houston Chardon Avenue, Suite 301, San Juan, HUD—Arizona State Office, Two Debbie Alexander, Office of Public PR 00918–0903, (787) 766–5400 ext. Arizona Center, 400 North 5th Street, Housing, HUD—Houston Area Office, 2031 Fax (787) 766–6504 Suite 1600, Phoenix, AZ 85004–2361, Norfolk Tower 2211 Norfolk, Suite 200, MID-WEST REGION (602) 379–3045, Fax (602) 379–3985 Houston, TX 77098–4096, (713) 313– Los Angeles Chicago 2274 (alt. 2280) Fax (713) 313–2319 Bob Cook, Office of Public Housing, Office of Public Housing, HUD—Illinois Little Rock HUD—Los Angeles Area Office, AT&T State Office, Ralph H. Metcalfe Federal Janie Allen, Office of Public Housing, Center, 611 West 6th Street, Suite 800, Building, 77 West Jackson Boulevard, HUD—Arkansas State Office, TCBY Los Angeles, CA 90017–3127, (213) 894– Chicago, IL 60604–3507, (312) 353–1915 Tower 425 West Capitol Avenue, Suite 8000, ext 3500, Fax (213) 894–8096 or (312) 353–6236 ext. 2302, Fax (312) 900, Little Rock, AR 72201–3488, (501) Sacramento 353–0121 324–5933 Fax (501) 324–5900 Bill Armstead, Office of Public Housing, Cincinnati New Orleans HUD—Sacramento Area Office, 925 ‘‘L’’ Larry Dempsey, Office of Public Housing, Jed Drozdowski, Office of Public Housing, Street, Sacramento, CA 95814, (916) HUD—Cincinnati Area Office, 525 Vine HUD—Louisiana State Office, 501 498–5220, ext. 421 Fax, (916) 498–5247 Street, Suite 700, Cincinnati, OH 45202– Magazine Street, Ninth Floor, New 3188, (513) 684–2654 Fax (513) 684– Orleans, LA 70130, (504) 589–7235 Fax NW/ALASKA REGION 6224 (504) 589–6619 Seattle Cleveland Oklahoma City Lynn Martin, Office of Public Housing, Tom Marshall, Office of Public Housing, Office of Public Housing, HUD—Oklahoma HUD—Washington State Office, Seattle HUD—Cleveland Area Office, State Office, 500 West Main Street, Federal Office Building, 909 1st Avenue, Renaissance Building, 1350 Euclid Oklahoma City, OK 73102, (405) 553– Suite 360, Seattle, WA 98104–1000, Avenue, Suite 500, Cleveland, OH 7454 Fax (405) 553–7588 (206) 220–5290, ext. 3694, Fax (206) 44115–1815, (216) 522–2700 Fax (216) San Antonio 220–5133 522–2975 Diana Armstrong, Office of Public Housing, Portland Columbus HUD—San Antonio Area Office, Elizabeth Santone, Office of Public David Kellner, Office of Public Housing, Washington Square 800 Dolorasa Street, Housing, HUD—Oregon State Office, 400 HUD—Ohio State Office, 200 North High San Antonio, TX 78207–4563, (210) 475– Southwest Sixth Avenue, Suite 700, Street, Columbus, OH 43215–2499, (614) 6865 Fax (210 472–6816 Portland, OR 97204–1596, (503) 326– 469–5787, ext. 8224 or (614) 469–2949, 2619, Fax (503) 326–2568 Fax (614) 469–2432 GREAT PLAINS REGION Detroit Kansas City BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00328 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9649

APPENDIX B The non-standard forms, which follow, are required for your DETAP application.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00329 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9650 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00330 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9651

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00331 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00332 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9653

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00333 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00334 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9655

FUNDING AVAILABILITY FOR Corporations (RMCs), local law Grants for Safety and Security, and PUBLIC AND INDIAN HOUSING enforcement personnel, local provide your name, address (including DRUG ELIMINATION TECHNICAL government officials, architects, youth zip code) and telephone number ASSISTANCE FOR SAFETY AND leaders, youth violence prevention (including area code). An application kit SECURITY (DETASS) practitioners, educators and other is also available on the Internet through Program Overview community leaders who provide the HUD web site at http:// technical assistance in law enforcement www.hud.gov. Purpose of the Program. The purpose and crime prevention techniques, For Further Information and of the Public and Indian Housing Drug electronic mapping systems, Technical Assistance. You may contact Elimination Technical Assistance for environmental design for safety and Marvin Klepper on (202) 708–1197, this Safety and Security is to provide security, youth violence and youth is not a toll free number. Persons with professional long-term technical leadership activities. Many speech or hearing impairments may assistance and training expertise to organizations are eligible to apply for access this number via TTY by calling implement effective strategies to combat more than one DETASS component and the toll-free Federal Information Relay drugs and drug related crime in public are encouraged to do so to the extent Service at 1–800–877–8339. housing and Native American they have the requisite skills, Satellite Broadcast. HUD will hold an communities. This competition has experience, expertise and capability to information broadcast via satellite for three technical assistance components: perform the work. potential applicants to learn more about Public Housing Authority and Public the program and preparation of the Application Deadline. June 2, 2000. Housing Police Department Technical application. For more information about Assistance. To provide technical Match. the date and time of the broadcast, you assistance and training to designated None. should consult the HUD web site at public housing authority police http://www.hud.gov. departments that are in the process of Additional Information II. Amount Allocated certification or certified by the If you are interested in applying for Commission on Accreditation for Law the Public Housing Drug Elimination (A) Available Funding. Enforcement Agencies (CALEA), and Technical Assistance for Safety and Approximately $1.140 million is community base police training and Security Grants, please review carefully available for Public Housing Drug technical assistance. the General Section of this SuperNOFA Elimination Technical Assistance Public Housing Resident Patrol and the following additional Grants for Safety and Security. Technical Assistance for Safety and information. The amount allocated for each Public Security. To provide resident patrol and Indian Housing Drug Elimination technical assistance and training to I. Application Due Date, Application Technical Assistance for Safety and housing authority staff, residents, Kits, Further Information and Security grant is as follows: Resident Councils (RC), Resident Technical Assistance For the Public Housing Authority and Management Corporations (RMC), Application Due Date. Submit your Public Housing Police Department housing authority security staff, and application on or before 12:00 midnight, Technical Assistance for Safety and local law enforcement personnel to Eastern time, on June 2, 2000, at HUD Security grant approximately $380,000 increase the understanding of the Headquarters. is available for the base year. effectiveness of resident patrols in See the General Section of this (2) For the Public Housing Resident reducing crime and drug activity, and to SuperNOFA for specific procedures Patrol Technical Assistance for Safety assist in creating resident patrols. governing the form of application and Security grant approximately Public and Indian Housing Crime submission (e.g., mail applications, $380,000 is available for the base year. Prevention through Environmental express mail, overnight delivery, or (3) For the Public and Indian Housing Design and Youth Violence Prevention hand-carried). Crime Prevention through Technical Assistance for Safety and Address for Submitting Applications. Environmental Design and Youth Security. To provide Crime Prevention Submit an original and two copies of Violence Prevention Initiatives through Environmental Design (CPTED) your application to HUD Headquarters, Technical Assistance for Safety and training and technical assistance to 451 Seventh Street, SW, Washington Security grant approximately $380,000 Public Housing Authorities, Resident DC, 20410, to the Community Safety is available for the base year. Councils (RCs), Resident Management and Conservation Division (CSCD), The funding for these three grants Corporations (RMCs), and local law Room 4206, before the application due through a single funding availability enforcement personnel. The technical date and time by mail or hand announcement will not affect the ability assistance will be for and on behalf of delivered. When submitting please refer of eligible applicants to seek DETASS local government officials, architects, to Public and Indian Housing Drug funding. Eligible applicants are able to youth leaders, youth violence Elimination TA for Safety and Security apply for funding under as few as one, prevention practitioners, educators and and include your name (including zip and as many as all three, separate other community leaders. code) and telephone number (including DETASS components. It is not HUD’s area code). intent to fund a single applicant in all Available Funds. For Application Kits. For an three categories; however, if there are no Approximately $1.140 million. application kit and any supplemental other qualified candidates in a category Eligible Applicants. Non-profit material, please call the SuperNOFA and a single applicant has already been organizations, for profit-organizations, Information Center at 1–800–HUD– selected in two categories then HUD public or private educational or other 8929. Persons with hearing or speech reserves the right to fund the single institutions. Contractors or Consultants impairments may call the Center’s TTY applicant in all three categories. that can provide technical assistance number at 1–800–HUD–2209. When (B) Award Period. Successful (TA) and training to public and Native requesting an application kit, please applicants will receive a cost- American Housing Authorities, Resident refer to the Public Housing Drug reimbursable performance based Councils (RCs), Resident Management Elimination Technical Assistance cooperative agreement with a twelve

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00335 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9656 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices month base period. Your award may be (2) Public Housing Resident Patrol A consortia of organizations may renewed annually for a period not to Technical Assistance for Safety and apply for one or more DETASS exceed four years based upon an Security. To provide resident patrol components, but HUD will require that evaluation of your performance as technical assistance and training to one organization be designated as the funding is available from the housing authority staff, residents, legal (lead) applicant. appropriation for PHDEP technical Resident Councils (RC), Resident All eligible TA providers may propose assistance funds. Management Corporations (RMC), assistance using in-house staff, HUD will judge performance based housing authority security staff, and consultants, sub-contractors and sub- upon your ability to provide technical local law enforcement personnel to recipients, networks of private assistance on time and within budget increase the understanding of the consultants and/or local organizations and to produce tangible results in the effectiveness of resident patrols in with requisite experience and community as a result of the technical reducing crime and drug activity, and to capabilities. Whenever possible, assistance efforts such as reductions in assist in creating resident patrols. applicants should have a cadre of crime rates or incidents of vandalism, (3) Public and Indian Housing Crime resources either on staff or through the number of community patrols Prevention through Environmental these networks, available throughout the initiated. HUD reserves the right to not Design and Youth Violence Prevention country so that resources can be provide additional funding based upon Technical Assistance for Safety and effectively deployed in a most cost a determination of poor performance by Security. To provide Crime Prevention efficient manner and which are familiar the TA provider in delivering TA through Environmental Design (CPTED) with local issues and opportunities. services. Funding amounts per annual training and technical assistance to All applicants must meet the renewals may be increased or decreased Public Housing Authorities, Resident threshold requirements for each subject to tasking levels and availability Councils (RCs), Resident Management component under which they are of funding. Corporations (RMCs), local law seeking funds and the threshold enforcement personnel. The technical requirements in Section II(B) of the III. Program Description; Eligible assistance will be for and on behalf of General Section of the SuperNOFA. Applicants; Eligible Activities local government officials, architects, (C) Eligible Activities. (1) All Three (A) Program Description. Funding youth leaders, youth violence Technical Assistance Components. For under the Public and Indian Housing prevention practitioners, educators and all three technical assistance Drug Elimination Technical Assistance other community leaders to: components of this competition, eligible for Safety and Security grant will (a) Increase their knowledge of how activities include, but are not limited to provide professional long-term technical environmental design effects safety and the following: assistance and training expertise to security and can be used to reduce (a) Technical assistance to enhance implement effective strategies to combat incidents of criminal activity, vandalism the effective use of security personnel, drugs and drug related crime in public and drug trafficking; security guards, housing authority housing and Native American (b) Assess the impacts of police, local law enforcement agencies communities. The grant has three environmental design techniques in who are provided services to the technical assistance components: creating a sense of community at public housing authority and residents over (1) Public Housing Authority and housing developments; and above those normally provided to Public Housing Police Department (c) Increase their knowledge of the public housing community to Technical Assistance for Safety and effective youth violence prevention and achieve DETASS goals and objectives; Security. To provide technical abatement strategies and work with the (b) Technical assistance and training assistance and training to designated community to undertake youth violence on geographic mapping software, public housing authority police prevention and abatement strategies. analysis of local geographic mapping departments that are in the process of (B) Eligible Applicants. Non-profit systems and how it can be used in certification or certified by the organizations, for profit-organizations, conjunction with other state or local Commission on Accreditation for Law public or private educational or other crime and drug data bases to assist the Enforcement Agencies (CALEA) to: institutions. Contractors or Consultants public housing authority, local police (a) Facilitate effective relationships that can provide technical assistance department, Resident Management between the public housing and law (TA) and training to public and Native organization or Resident Council, local enforcement communities and improve American Housing Authorities, Resident community leaders and elected officials, law enforcement service delivery; Councils (RCs), Resident Management youth leaders and violence prevention (b) Create law enforcement service Corporations (RMCs), local law organizations to use the existing data agreements between housing authorities enforcement personnel, local and map where drug and crime activity and local government; government officials, architects, youth is occurring in the community, as well (c) Increase use of Geographic leaders, youth violence prevention as what resources are available in the Information Systems to enhance law practitioners, educators and other community to address these incidents. enforcement and safety and security community leaders who provide (c) Analysis and use of drug related efforts by Public Housing Authorities technical assistance in law enforcement crime and drug trafficking or use and local police Departments; and and crime prevention techniques, statistics to increase the effectiveness of (d) Assist Public Housing Authorities, electronic mapping systems, anti-drug and security related efforts of Police Departments, Resident Councils environmental design for safety and the public housing community; and Resident Management security, youth violence and youth Technical Assistance improve Organizations to assess community leadership activities. Many communications between the public safety and security needs based upon organizations are eligible to apply for housing community and local law analyses of crime data and statistics, more than one DETASS component and enforcement officials and community location of crime and drug activity and are encouraged to do so to the extent leaders; concerns of public housing residents. they have the requisite skills, (d) Technical assistance for the (e) Provide community base police experience, and capability to perform creation and improvement of tenant training and technical assistance. the work. patrols and community watch programs

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00336 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9657 for public housing residents in an effort (e) Providing community base police (f) Providing a number of technical to improve or enhance safety and training and technical assistance. assistance and training packages and security in the neighborhood; (3) Public Housing Resident Patrols materials to Housing Authority and (e) Training programs for public Technical Assistance for Safety and residents interested in developing or housing staff and management, Resident Security. For this funding component, improving their patrols. Management Organizations, Resident eligible activities include: (g) Designing and develop an Councils, Youth leaders, or local law (a) Instituting and implementing evaluation methodology that can be enforcement officials, state and local resident patrols and neighborhood employed by the housing authority agency officials, non-profit watch and safety and security programs community to measure their progress in organizations engaged in work to reduce in public housing communities by combating drugs and crime after crime, drug use or youth violence, in providing technical assistance training implementing resident patrols or HUD’s anti-drug programs, and services to public housing neighborhood watch programs and in environmental design, resident authorities, residents, Resident coordinating activities with local law organization, community policing, and Management Organizations, Resident enforcement agencies. other tools that can be used to increase Councils, Indian Tribes and Tribally (h) Providing related technical the safety and security of public housing Designated Housing Entities to: assistance and training at the direction residents; (b) Assisting housing authority staff of the HUD GTR. (f) Training programs for youth and residents in understanding the (4) Public and Indian Housing Crime leaders, non-profit organizations concept, organizational requirements to Prevention through Environmental working with youth to stem the implement Resident Patrols; Design (CPTED) and Youth Violence violence, channel youth gangs to (c) Assisting resident organizations in Prevention Technical Assistance for productive, non-violent activities which preparing a tenant patrol strategy, Safety and Security. For this funding are designed to increase self-esteem, methods for recruiting members, component, the eligible activities are reduce community tensions and training patrol members in how to undertaken to provide technical assistance and training to housing increase a sense of belonging to and handle themselves while on patrol and authority (HA) staff, residents, Resident giving back to community for youth basic tips and techniques for members Councils (RC) Resident Management living in or adjacent to public housing; of the patrol, identifying funding Corporations (RMCs), housing authority (g) Providing training and technical sources for patrol administration and directors, local law enforcement assistance to work with local school operations and ensuring that there will officials, local government officials, and officials and teachers to develop after be the opportunity for diversity among other community leaders to increase school and in-school programs, the members of the resident patrols their understanding of how Crime including technology based programs to representative of the diversity of Prevention Through Environmental channel violent youth into more residents living at the housing sites; productive lives by training them for Design can be an effective tool in (d) Preparing training and fighting drug usage, trafficking, youth future careers in the information informational materials (such as technology (IT) industry; and violence, and other behavior that brochures, fact sheets, manuals, decreases the safety of the community (h) Providing related technical videotapes) to explain the concept of assistance and training at the direction in public housing developments and the Resident Patrols, organizational surrounding community. Eligible of the HUD GTR. requirements, roles and responsibilities (2) Public Housing Authority and activities for TA providers include: of various member of the community to Public Housing Police Department (a) Helping public housing achieve a successful resident patrol or Technical Assistance. For this funding authorities, Resident Management neighborhood watch program; component, the eligible activities are: Organizations, Resident Councils, (a) Assisting public housing agencies (e) Preparing a training manual on Indian Tribes and Tribally Designated in the implementation and use of a how to establish and operate a resident Housing Entities, to prepare strategies computerized mapping system to track patrol which includes such topics as: and plans which incorporate drug use and criminal activity in and (i) Legal issues and requirements; environmental design for crime around the public housing community (ii) Insurance coverage; prevention in their public housing to assist public housing security and (iii) Roles and responsibilities; neighborhoods and communities. local police in their efforts to combat (iv) How to prepare a budget; CPTED include plans for the redesign, drug and drug-related crime; (v) Financial management; etc. renovation, or rehabilitation of existing (b) Assisting local police departments (vi) Deportment of patrol members; housing, community facilities, in the use of crime mapping software to (vii) Clothing and equipment needs; including, but not limited to, improve law enforcement strategies to (viii) Community relations; neighborhood centers, sidewalks, combat drug use, trafficking and (ix) How to train new members; streets, parks, playgrounds, which may criminal activity in and around the (x) Group cohesion and group contribute to instances of crime; and public housing community; dynamics; (b) Providing technical assistance (c) Assisting local police departments (xi) Conflict management and conflict services and training to public housing and members of the public housing resolution; authorities, Resident Management community in assessing mapping (xii) Team decision-making processes; Organizations, Resident Councils, software to determine the best product and Indian Tribes and Tribally Designated available that is compatible with their (xiii) Impact/process evaluation. Housing Entities, and non-profit existing systems and their anticipated (e) Providing training and technical organizations dealing with youth needs; and assistance to improve and coordinate violence prevention and mitigation; (d) Facilitating law enforcement the administration of a Resident Patrol, youth leaders, educators and others on service agreements between housing or Neighborhood Watch and Safety and effective ways to address, prevent and authorities and local government and Security Program by resident groups, mitigate youth violence, including ways provide technical assistance for program housing authorities, and police CPTED can be a tool in addressing implementation. departments; youth violence issues.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00337 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9658 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(D) Ineligible Activities. The following (c) Conduct a Needs Assessment to of funding under DETASS program activities are ineligible for funding identify the type and nature of the must comply where applicable. under all three of Public and Indian assistance needed by the recipients of (F) Affirmatively Furthering Fair Housing Drug Elimination Technical the assistance. These needs assessments Housing. Section II(D) of the General Assistance for Safety and Security should typically identify the nature of Section does not apply to funding under grants. Funding is not permitted for: the problem to be addressed by the DETASS because the purpose of this (1) Developing your application; technical assistance services; the plan of funding is to address specific and (2) Construction of security systems, action to address the need including the targeted problems faced by Public barriers, hiring of security personnel or type of technical assistance services to Housing Authorities, Indian tribes, guards or other hard construction costs be provided, the duration of the service, Tribally Designated Housing Entities, or related items that are eligible for the staff assigned to provide the Resident Management Corporations, assistance and could be paid for with assistance, anticipated products and/or Resident Councils, or Resident formula grant funds under the Public outcomes, and the estimated cost for the Organizations in their management of Housing Drug Elimination Grant provision of services; and the the Public Housing Drug Elimination Program. relationship of the proposed services to Program and to assist the applicants in (3) Consortia of eligible applicants the HUD-wide objectives of the Annual the improvement of the effectiveness of may not apply for this grant unless it Performance Plan and Business that program. establishes one legal lead applicant. Operating Plan; (G) Negotiation. After all applications (4) Salary or fees to your staff, or your (d) Address new issues or techniques have been rated and ranked and a selection has been made, HUD may former staff within a year of their your that can be used to reduce drug use or require the awardees to participate in employment. drug related crime in public housing negotiations to determine the specific (5) An organization selected for developments. terms of the plan and the budget. HUD funding may not provide technical (B) Technical Assistance Delivery will follow the negotiation procedures assistance to itself. Plan. (1) After selection for funding but prior to award, you must develop a described in the General Section of the SuperNOFA. IV. Program Requirements technical assistance delivery plan in (H) Financial Management and Audit consultation with the GTR. The plan In addition to the program Information. After selection for funding, requirements listed in the General must be national in scope. but prior to award, you may be required Section of this SuperNOFA, applicants (2) Your nationwide plan must to submit a certification from a Certified under all three technical assistance conform to the provisions of the Public Accountant or the cognizant components are subject to the following Business Operating Plan (BOP). You government auditor. requirements: may use these BOP/management (A) Demand/Response Delivery strategies/workplans in determining V. Application Selection Process System. (1) As an awardee, you must your priority work activities, location of (A) Rating and Ranking. Applications operate within the structure of the activities, and organizations to be will be evaluated competitively and demand/response system described in assisted during the cooperative ranked. HUD will review each this section. You must coordinate your agreement performance period. application to determine that it meets plans with, and operate under the (3) Your plan must delineate all the the requirements of this SuperNOFA direction of the HUD GTR. When so tasks and sub-tasks you will undertake and the requirements under each directed by the HUD GTR, you will nationally. It must show how the grant DETASS component. Applicants must coordinate your activities through a lead performance will improve other results have a minimum score of 10 points DETASS provider or other organization expected from the DETASS, and the under Rating Factor 1, Capacity, to designated by the HUD GTR. methodology to be used for measuring receive funding under the DETASS (2) If selected as the lead DETASS the success of the DETASS. A time component they are requesting funding. provider, the HUD GTR, as an awardee schedule for delivery of the activities, Applicants that do not meet this you may be asked by the HUD GTR or budget-by-task and staffing plan must be minimum score requirement will not be Director of the Drug Elimination Grant included in the technical assistance ranked further. Applicants that meet the Program in HUD Headquarter’s delivery plan. minimum score requirement will be Washington, DC, to coordinate the (C) Active Participation. The HUD evaluated under the rating Factors for activities of other DETASS providers GTR will actively participate in the Award and will be assigned points in selected under this DETASS section of delivery of all technical assistance by accordance with the rating factors. the SuperNOFA. When directed by any funded DETASS providers throughout Applications will be funded in rank of the above persons, joint activities by the term of the DETASS Cooperative order for each DETASS component. In DETASS providers may be required. Agreement; the event of a tie, HUD will select the (3) Under the demand/response (D) Eligible and Ineligible Costs. (1) If highest ranking application that can be system, as directed, DETASS providers you are awarded a DETASS Cooperative fully funded. In the event that two or will be required to: Agreement, costs associated with more eligible applications receive the (a) Market the availability of their facilities, training materials, training same score, and both cannot be funded services to existing and potential public staff costs of travel, lodging and per because of insufficient funds, the housing authorities, police departments diem at governmental rates are eligible applicant with the highest score in and Indian tribes nationwide. costs. rating factor one will be funded. If rating (b) Respond to requests for assistance (2) Costs for participant travel, per factor one is scored identically, the from the HUD GTR with oversight of the diem and miscellaneous expenses to scores in rating factors two, three, four geographic service area for which the attend or when attending a DETASS and five will be used in that order, until technical assistance will be delivered on training session are ineligible costs. one of the applications receives a higher a first come first serve basis, including (E) Section 3 Economic Opportunities. score. If both applications still score the responding to priorities established by Please see Section II(E) of the General same then the application which the HUD GTR. Section of this SuperNOFA. Recipients requests the least funding will be

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00338 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9659 selected in order to promote the more (i) Serve a population of 500,000 or (i) Conducted law enforcement or efficient use of resources. Each more; security assessments in cities with a application submitted will be evaluated (ii) Conduct law enforcement population of 500,000 or more; on the basis of the selection criteria set assessments in cities of a population (ii) Had experience in design, forth below. 500,000 or more; development, and delivered training (B) Factors For Award to Evaluate and (iii) Conduct law enforcement and technical assistance for public Rank Applications. The factors for assessments of public housing police housing resident patrol programs, and rating and ranking applicants and departments and the private sector; community crime reduction teams; maximum points for each factor, are (iv) Design, develop and deliver (iii) Provided technical assistance to provided below. The maximum number training and technical assistance troubled and/or near troubled PHAs; of points for this grant component is (iv) Completed multi-security programs for law enforcement agencies, 100. EZ/EC Bonus points as described in assessments as a single tasking; to include community policing and the General Section of this SuperNOFA (v) Developed and implemented related training in public housing and are not available under DETASS. policies, procedures and manuals for the private sector; resident groups and PHAs; Rating Factor 1: Capacity of the (v) Develop and implement law (vi) Developed and implemented Applicant and Relevant Organizational enforcement policies, procedures and crime prevention programs in public Experience (20 Points) manuals, personnel management housing; This factor addresses the extent to systems, fiscal tracking systems, (vii) Developed technical and which your organization and the staff dispatch systems, records management, physical security systems in public assigned to your DETASS activities has patrol strategy and crime prevention housing; the skills and experience to successfully programs in public housing and the (viii) Worked with Federal, State and implement your proposed activities. In private sector; local law enforcement agencies; rating this factor, HUD will consider the (vi) Manage the accreditation and re- (ix) Evaluated Public Housing Drug extent to which your application accreditation process of law Elimination Program grants for demonstrates in relation to the DETASS enforcement agencies in public housing programmatic effectiveness and activities you are seeking funds that and private sector; efficiency as well as administrative; and your organization and staff have: (viii) Develop and implement law (x) Evaluated crime patterns for adults (1) (10 points) Recent, relevant and enforcement policies, procedures and and juveniles. successful experience in providing manuals and other endemic systems to (c) For the Public and Indian Housing technical assistance in all eligible public housing agencies, public housing Crime Prevention through activities and to all eligible entities for law enforcement agencies, and Environmental Design and Youth the DETASS TA component, municipal law enforcement agencies; Violence Prevention Technical particularly those requirements (ix) Develop technical and physical Assistance for Safety and Security specified under the component security systems in public housing and component, an applicant must requirements section of this DETASS the private sector; demonstrate extensive executive and section of this SuperNOFA. HUD will (x) Develop security guard plans in managerial experience in CPTED consider the experience of your overall public housing and the private sector; concepts and implementation, or project director and staff, including the (xi) Work with Federal, State and possession of like experience in youth day-to-day program manager, local law enforcement agencies; violence prevention and training. consultants and contractors in planning (i) For CPTED TA, the applicant must (xii) Evaluate Public Housing Drug and managing programs for which have the skills and knowledge in Elimination Program grants for both funding is being requested and their CPTED, particularly as it has been used programmatic effectiveness and knowledge of public housing programs, in areas of high density populations, efficiency as well as administrative particularly the Public Housing Drug areas experiencing youth violence, drug compliance; Elimination Grant Program. activities and other crime; In rating this factor, HUD will (xiii) Conduct security assessments of (ii) For CPTED TA, the applicant must consider experience within the last five troubled PHAs; and have developed CPTED assessments in years to be recent; experience pertaining (x) Develop or manage law a variety of PHA communities ranging to the specific component and activities enforcement computerized systems, from rural areas to large urban being proposed to be relevant. You such as, Community 2020-HUD population centers of 500,000 or more. should clearly specify the staff assigned Community Planning Software (C2020), (iii) For CPTED TA, the applicant to the TA component, their years of other Geographic Information Systems must have skills and recent experience experience and provide a listing of (GIS), Networking, Software in designing methodologies to assess the similar or related experiences that they development, police records impacts of CPTED in modifying have undertaken in the recent past, management systems, interdepartmental behavior patterns among youth and providing dates for each experience. communications systems, and residents to create a greater sense of When describing your organization’s mainframe/PC Systems support. community and reduce violence and experience you should also describe the (b) For the Public Housing Resident criminal and drug activity; work activity, when it occurred who the Patrol Technical Assistance component, (iv) For CPTED TA, the applicant project manager was, and if any of the an applicant must demonstrate must have designed and implemented staff on that project will be assigned to experience in managing projects of CPTED programs in public housing this project. similar type and scope, including agencies, to include troubled public (a) For the Public Housing Authority proven ability to manage the housing agencies. and Public Housing Police Department performance of complex multi-site (2) (3 Points) For all three funding Technical Assistance component, an projects within time and resource limits, components, you must show the applicant must demonstrate that they the required technical expertise and relevant experience and competence of have sufficient capacity and technical have had the following law enforcement your key personnel in managing expertise to: experiences: complex, multi-faceted, or multi-

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00339 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9660 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices disciplinary programs that require proposed activities, the community’s own CPTED assessment to determine coordination with other technical needs and the purpose of the TA. In what areas in the community or assistance providers or multiple rating this factor, HUD will consider the development would benefit from CPTED organizations or community leaders; impact of the activity on the target treatment; (3) (5 points) For all three funding population identified in your (viii) Creating cost calculation sheets components, you must show you have application. that would allow public housing personnel or access to qualified experts In evaluating this factor, HUD will authorities, Resident Management or professionals that deliver the consider the extent to which your Organizations, Resident Councils, proposed level of technical assistance in proposed work plan: Tribes and Tribally Designated Housing each proposed service areas in a timely (1) (10 Points) Provides a work plan Entities, Youth Violence Prevention and and effective manner; of suggested technical assistance Abatement Organizations and others to (4) (2 points) For all three funding activities, tasks and product do their own estimations of what it components, you must show that your deliverables to address the objectives of would cost to implement CPTED design organization has a financial the DETASS component, the needs of a changes. management system that is in broad diversity of eligible TA recipients. compliance with the requirements (a) A sound work plan under the (b) A sound work plan under the specified in OMB Circular A–127, and Public and Indian Housing Crime Public and Indian Housing Youth that you can demonstrate your ability to Prevention through Environmental Violence Prevention Technical manage and maintain financial records Design Technical Assistance must Assistance must include the following for multiple activities in multiple include the following activities: activity: implementing a methodology to locations by each location and can relate (i) Providing training and technical modify behavior patterns among youth costs to each activity and task at each assistance services on CPTED and residents to create a greater sense of location technical assistance services techniques and strategies, including community and reduce violence and are being provided. identification of designs which best criminal and drug activity. stem criminal activity as opposed to (2) (10 points) Demonstrates an Rating Factor 2: Potential Effectiveness designs which support or create effective outreach and assistance of the Application in Meeting Needs of opportunities for criminal or violent program to specifically identified Target Populations, Technical behavior; communities, target populations and/or Assistance Target Objectives for Each (ii) Identifying funding resources to organizations and identifies the basis on TA Component for Which Funds Are implement CPTED in public housing, which these groups or organizations Requested (20 Points) particularly funding options for Indian were selected. In rating this factor, HUD will Tribes and Tribally Designated Housing (3) (10 Points) Proposes a feasible consider the extent to which your Entities; plan for demonstrating the anticipated application: (iii) Preparing case studies, manuals, effectiveness of the proposed activities (1) (10 points) Identifies high priority illustrations explaining elements of for TA in reducing or eliminating drug- needs and issues for the component for CPTED, and similar activities, which related crime problems immediately and which funding is requested. Priority can be used by public housing over an extended period, including the needs should be expressed in terms of authorities, Resident Management extent to which you propose a plan of the degree of the drug problem, and the Organizations, Resident Councils, action that will allow the targeted extent the target population identified Tribes and Tribally Designated Housing population identified in your in your application has an unmet Entities, Youth Violence Prevention and application to successfully implement demand for technical assistance Abatement Organizations and others as and show tangible results in services. In evaluating this sub-factor, design guides to create housing and undertaking an activity that the HUD will consider your ability to neighborhoods which feature CPTED. DETASS objective was designed to establish priority areas, the basis for (iv) Preparing of case studies which address, within the period of your making the determination of which illustrate the successful combination of performance; or will result in a plan of target populations and activities should CPTED elements and other crime action being undertaken by an receive priority attention and your order prevention activities such as resident organization during the following year. of precedence in determining what TA patrols, and community policing; in topic should be addressed first. public housing and low-income (4) (10 points) Demonstrates that your (2) (10 Points) Demonstrates communities and neighborhoods to proposed budget and timetable for knowledge of the extent of the need for reduce criminal activity; delivering the technical assistance the DETASS component for which (v) Conducting site visits or creating services and product deliverables is cost funding is requested and the extent that opportunities for TA recipients to meet effective, feasible and is based on a you can demonstrate knowledge of the one-on-one with expert advisors to understanding of the number of staff local public housing authority’s plan or review and discuss specific plans and to persons and hours are needed to the local communities HUD approved obtain technical assistance on specific conduct the suggested TA activities, the Consolidated Plan documenting the design and implementation plans; number of on-site hours devoted to the need in areas which you propose to (vi) Creating an impact/process activities vs. development of training provide technical assistance services. evaluation instrument to assist housing materials and classroom hours, and the authorities in tracking outcome basis for your making those staffing and Rating Factor 3: Soundness of measures for their CPTED strategies; costing judgments. Your budget should Approach—(Quality of your Technical (vii) Creating assessment instruments also specify the dollar value of any in- Assistance Work Plan) (40 Points) that allow public housing authorities, kind or cash resources that are being This factor addresses the quality and Resident Management Organizations, applied to your work program as a result effectiveness of your proposed work Resident Councils, Tribes and Tribally of leveraging your resources. The plan and the DETASS component for Designated Housing Entities, Youth leveraging amount will be taken into which you are seeking funding. There Violence Prevention and Abatement account when rating under Rating must be a relationship between the Organizations and others to do their Factor 4: Leveraging Resources.

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00340 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9661

Rating Factor 4: Leveraging proposed in-kind goods or services and/ DETASS component for which you are Resources—(Involvement of Local or the actual cash provided. The letter requesting funding. Government Agencies and the must be signed by an official of the VI. Application Submission Community in Implementing the organization legally able to make Requirements Proposed Activities) (10 Points) commitments on behalf of the organization, individual or entity. (A) General. (1) Applicants may This factor addresses your ability to submit applications for one or two or all secure community public and private If you do not provide the letter documenting the leveraged resources as three of the DETASS components. resources, which can be combined with However, applicants may not submit HUD program resources to achieve the outlined above, you will receive (0) points for this factor. more than one application for any one purposes of the DETASS component for of the DETASS components. If HUD which you are seeking funds and to Rating Factor 5: Comprehensiveness receives more than one application from improve the effectiveness of your and Coordination (10 Points). the same applicant for the same proposed program of technical This factor addresses the extent to DETASS component, HUD will treat assistance activities. In evaluating this this as a curable deficiency under the factor, HUD will consider: which the applicant coordinated its activities with other known terms of the curable deficiencies in the The extent to which you have General Section of the SuperNOFA. partnered with other entities to secure organizations, participates in a Community’s Consolidated Planning Applicants will be asked to identify additional resources to increase the which application should be reviewed effectiveness of your proposed program Process, is aware of the Public Housing Authority’s Strategic Plan and Drug by the Department. If the applicant does of activities will be taken into account not respond within the cure period, in evaluating this factor. HUD will Elimination Grant Program goals and objectives, and is working towards both applications will be rejected. To be award a higher number of rating points considered for funding, your application to those that leverage the greater amount addressing a need in a holistic and comprehensive manner through must receive a minimum score of 70 out of resources. Points under this Rating of the possible total of 100 possible Factor will be allocated according to the linkages with other activities in the community. In evaluating this factor, points for Factors 1 through 5. percentage the leverage amount is (2) In addition to the submission HUD will consider the extent to which against the total dollar amount requirements listed in Section IV of the the applicant demonstrates it has: requested. The greater the leverage of General Section of this SuperNOFA, resources, the higher number of points (1) Coordinated its proposed activities each application must conform to the you will receive. with those of other groups or requirements of the Public and Indian Resources may include funding or in- organizations prior to submission in Housing Drug Elimination Safety and kind contributions such as services or order to best complement, support and Security Technical Assistance Program. equipment allocated to the purposes of coordinate all known activities and if When submitting your application the award you are seeking. The funded, the specific steps you will take please be sure to mark the following additional resources may be used to if funded, to share information on sections for ease of the reviewer and to assist your organization in providing the solutions and outcomes with others. put them in the following order: Cover TA services or may be directed to target Describe any written agreements, letter specifying the you are applying for recipients of the technical assistance memoranda of understanding in place, Drug Elimination Technical Assistance services to enable them to implement a or that will be in place after award. for Safety and Security and the program local program for which the TA was (2) Taken or will take steps to work component(s) for which you are seeking provided. Resources may be provided with recipients of technical assistance funding. If you are applying for all three by government entities, public or services to enable them to become components you must specify which private non-profit organizations, or actively involved in the local two are priority components for other entities willing to partner with Consolidated Planning process funding. If submitting your application you. You may also partner with other (including the Analysis of Impediments in conjunction with another applicant, funding recipients to coordinate the use to Fair Housing Choice) to enable them or as a consortia you must specify of resources in the target area. to bring to the attention of local which is the lead applicant and your To receive points for this factor you government officials and others application must be submitted as joint show evidence of the partner’s outstanding needs/issues/problems/ application. participation in your program as opportunities related to your achieving (B) Application Forms and evidenced by your work activities with the program objectives of your DETASS Information. The following forms and the partner as described in your work component. information must be submitted with plan submitted in response to Rating (3) Taken or will take specific steps to your application and signed by the Factor 3 above; the budget you have develop linkages to coordinate authorized official of the applicant or provided must also reflect the comprehensive solutions through lead applicant organization. The leveraging/partnerships by stipulating meetings, information networks, standard forms, certifications, and the leverage source and the dollar planning processes or other mechanisms assurances listed in the General Section equivalent of the leveraged resources. with: Other HUD funded projects/ of the SuperNOFA that are applicable to You must also provide documentation activities outside the scope of those this funding (collectively, referred to as of the commitment by the organization covered by the Consolidated Plan or the ‘‘standard forms’’). The standard to provide the leveraged resources. Such within the context of the Public Housing forms can be found in Appendix B to evidence must be a letter from the Authority’s Strategic Plan; and other the General Section of the SuperNOFA. organization, individual or entity Federal, State or local government (Some programs in this SuperNOFA, in providing the resources, the name of the funded activities or activities funded by addition to the standard forms, use entity, the proposed level of the private sector, including additional forms (i.e., excluding such commitment and responsibilities that foundations and universities, that are items as narratives to the rating factors, they will undertake as part of the work proposed or on-going in the community letters, etc.) that are referred to as the plan; the dollar value estimated for the that would further the objectives of the ‘‘non-standard forms.’’ This program

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00341 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9662 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices does not use any non-standard forms). salary base the rate was computed on, (d) Factor 4—Leveraging Resources The application items are as follows: estimated cost per position, and the including required documentation (1) Standard Form 424, Application total estimated fringe benefit cost; (e) Factor 5—Comprehensiveness and for Federal Assistance; (iii) Material costs indicating the item, Coordination (2) HUD Form 424M, Federal quantity, unit cost per item, estimated VII. Corrections to Deficient Assistance Funding Matrix; cost per item, and the total estimated Applications (3) Standard Form 424A, Summary material cost; Budget Information (iv) Transportation Cost, including the The General Section of this (4) Standard Form 424B for estimated number of trips, number of SuperNOFA provides the procedures for Assurances Non-Construction Programs persons traveling per trip, airline or corrections to deficient applications. (5) Drug Free Workplace Certification other travel cost (gasoline costs should VIII. Environmental Requirements (HUD–50070); be figured on the government per mile (6) Certification of Payments to rate), per diem rate and total estimated In accordance with 24 CFR Influence Federal Transactions (HUD travel costs; 50.19(b)(9), the assistance provided 50071. If Federal funds were used to (v) Equipment charges, if any. under this program relates only to the lobby on your behalf, you must also Equipment charges should identify the provision of technical assistance and submit the Certification and Disclosure type of equipment, quantity, cost, and therefore is categorically excluded from Form Regarding Lobbying (SF–LLL); total estimated equipment costs; the requirements of the national (7) Applicant/Recipient Disclosure/ (vi) Consultant costs, if applicable. Environmental Policy Act and is not Up-Date Report (HUD 2880); Indicate the type, estimated number of subject to environmental review under (8) Certification Regarding Debarment consultant days, rate per day, total the related laws and authorities. This and Suspension (HUD 2992); estimated consultant cost and total determination is based on the (9) Narrative Statement Responding to estimated costs for all consultants; ineligibility of real property acquisition, the following Factors for Award: (vii) Subcontract costs, if applicable. construction, rehabilitation, conversion, (a) Factor 1—Capacity Indicate each individual subcontract leasing or repair for HUD assistance (b) Factor 2—Need and amount; under this program. (c) Factor 3—Soundness of Approach (viii) Direct costs listed by item, IX. Authority including your work plan and quantity, unit cost, total for each item detailed budget identifying activities listed, total other direct costs for the Chapter 2, Subtitle C, Title V of the and tasks and associated budget. This award; Anti-Drug Abuse Act of 1988 (42 USC budget should identify items by cost (ix) Indirect costs should indicate the 11901 et seq.) as amended by section category for each DETASS component type, approved indirect cost rate, base to 581 of the National Affordable Housing you are seeking funding in accordance which the rate applies and total indirect Act of 1990 (Pub. L. 101–625, approved with the following: costs. November 28, 1990), and section 161 of (i) Direct Labor by position or These line items should total the the Housing and Community individual, indicating the estimate amount requested for each DETASS Development Act of 1992 (Pub. L. 102– hours per position, the rate per hour, component and also the grand total for 550, approved October 28, 1992). The estimated cost per staff position and the all DETASS components. The budget regulations for this program are found in total estimated direct labor cost; dollars should reflect the funding 24 CFR part 761, Drug Elimination (ii) Fringe benefit by position or requested on your HUD–424M—Federal Programs. individual identifying the rate, the Assistance Funding Matrix. BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00342 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9663

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00343 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00344 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9665

FUNDING AVAILABILITY FOR THE governing the form of application FY 2000 HUD Appropriations Act, NEW APPROACH ANTI-DRUG submission (e.g., mailed applications, including FY 1999 carryover funding. PROGRAM (Formerly known as the express mail, overnight delivery, or (B) Maximum Grant Award. The Safe Neighborhood Grant Program) hand carried). maximum grant award amount is limited to $250,000 per application. The Program Overview Address for Submitting Applications. Submit your completed application on amount of funding requested must be Purpose of the Program. The purpose or before the application deadline at the within this maximum grant award. of this program is to provide funding to local HUD Field Office, Attention: (C) Reduction of Requested Grant owners or managers of certain housing Director of Multifamily Housing Amounts. You may be awarded an developments to: (1) Augment security; Programs or, in the case of the Native amount less than requested if: (1) HUD (2) assist in the investigation and American population, to the local HUD determines that some elements of the prosecution of drug-related criminal Administrator, Area Offices of Native proposed action plan are ineligible for activity in and around the housing American Programs (AONAPs), as funding; developments; and (3) provide for the appropriate. See Appendix A to the (2) HUD determines the amount development of capital improvements Drug Elimination Grants for Multifamily requested for an eligible activity and/or directly relating to the security of the Low Income Housing program section of any budget line item is not cost developments. With these grants, HUD the SuperNOFA and Appendix A to the effective; (3) Insufficient amounts remain under is taking a comprehensive General Section of the SuperNOFA for the allocation to fund the full amount neighborhood/community-based lists of local HUD Field Offices. approach to crime prevention. In you requested, and HUD determines For Application Kits. For an that partial funding is a viable option; applying, you will be required to application kit and any supplemental demonstrate that you have formed a or information, please call the SuperNOFA (4) HUD determines that a reduced partnership with units of general local Information Center at 1–800–HUD– government, including the local law grant would prevent duplicative Federal 8929. When requesting an application funding. enforcement agency, to play key roles in kit, please refer to the New Approach this partnership. Anti-Drug Program, and provide your III. Program Description; Eligible Available Funds. Approximately $27 name, address (including zip code) and Applicants; Eligible Activities million. telephone number (including area code). Eligible Applicants. Eligible (A) Program Description. (1) Purpose. Persons with hearing or speech applicants include: units of general The purpose of these competitive grants impairments may call the Center’s TTY local government, public housing is to assist entities managing or number at 1–800–HUD–2209. An agencies (PHAs), Indian tribes or operating Federally assisted multifamily application kit also will be available on Tribally Designated Housing Entities housing developments, public and the Internet through the HUD web site (TDHEs), and owners of assisted Indian housing developments at http://www.HUD.gov. housing developments. To be an eligible (including those Indian housing units For Further Information and applicant, you must be an owner of an formerly defined as public housing Technical Assistance. If you are located assisted housing development, as under section 3 of the U.S. Housing Act East of the Mississippi River, you may defined in this program section of the of 1937 and now counted as current contact Darlene Fete, Resident Initiative SuperNOFA. A unit of general local assisted stock under the Indian Housing Specialist, U.S. Department of Housing government may qualify if it operates an Block Grant Program), or other and Urban Development, North Carolina assisted housing development. PHAs, multifamily-housing developments for State Office, 2306 West Meadowview TDHEs and Indian tribes are eligible low-income families supported by non- Road, Greensboro, North Carolina applicants if they own a development Federal governmental housing entities 27407, telephone (336) 547–4034 or with project-based Section 8 assistance, or similar housing developments (336) 547–4131 (the TTY number), or as defined in the U.S. Housing Act of supported by nonprofit private sources, email [email protected]. If 1937, and that development is included to augment security (including you are located West of the Mississippi in the proposed plan and is located in personnel costs), to solve security River, you may contact Deanna the ‘‘project area’’ targeted to receive problems in the long-term; assist in the Beaudoin, Resident Initiatives grant funds. investigation and/or prosecution of Application Deadline. June 7, 2000. Specialist, U. S. Department of Housing drug-related criminal activity in and Match. None. and Urban Development, Colorado State around such developments, and provide Office, 633–17th Street, Denver, for capital improvements that Additional Information Colorado 80202–3607, telephone (303) comprehensively enhance security at If you are interested in applying for 672–5343 extension 1162 or email these developments. funding under this program, please [email protected]. Drug-and crime-fighting activities, if review carefully the General Section of Satellite Broadcast. HUD will hold an only directed to a single assisted this SuperNOFA and the following information broadcast via satellite for housing development, may have the additional information. potential applicants to learn more about unfortunate effect of simply moving the the program and preparation of the problem to nearby housing and I. Application Due Date, Application application. For more information about businesses. The long term solution to Kits, Further Information, and the date and time of the broadcast, you the crime problems of assisted housing Technical Assistance should consult the HUD web site at developments and their surrounding Application Due Date. Your http://www.hud.gov. neighborhoods rest in a comprehensive completed application (an original and approach that changes the conditions— II. Amount Allocated two copies) is due on or before 6:00 pm, and the culture that exists. HUD local time on June 7, 2000, at the (A) Available Funding. believes that crime fighting efforts are address shown below. Approximately $27 million is available most effective when partnering takes See the General Section of this for funding under the New Approach place with law-enforcement agencies at SuperNOFA for specific procedures Anti-Drug Program, as provided in the various levels and with a full range of

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00345 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9666 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices community stakeholders (such as PHAs and around public and assisted housing in cooperation with residents and local and TDHEs). Therefore, to address crime developments through the Drug governing bodies. HUD encourages in a comprehensive manner to receive Elimination Grant, Operation Safe owners to participate in Departmental funding, you must take the following Home, and Weed and Seed programs; and other Federal law enforcement actions: and partnering with the U.S. Attorney’s agencies’ programs such as: Operation (a) Have a subgrantee or subrecipient Office, the Federal Bureau of Safe Home, Operation Weed and Seed relationship with the local police Investigation, and the Drug Enforcement through the Department of Justice and department and the local district Agency. HUD now wishes to encourage the Safe Neighborhood Action Program attorney or prosecutor’s office. If the these successful partnerships to address (SNAP). The use of New Approach Anti- local police department, local district similar problems in and around Drug funds, however, must be part of a attorney or prosecutor’s office does not privately-owned, Federally assisted comprehensive approach. These funds have the legal authority to accept housing. In addition to providing points may indirectly support other Federal program funds or enter into a binding for applications which have established law enforcement activities provided that agreement with you, then you must these partnerships, HUD requires that at use is consistent with the provide funds through the unit of least one project in each targeted comprehensive approach. general local government—city or neighborhood be multifamily housing (f) Safe Neighborhood Action Program county. with either: (SNAP) Grants. (i) The New Approach (b) Enter into partnerships with the (i) A HUD-insured, held, or direct Anti-Drug Program was formerly known owners of, and resident organizations mortgage and Rental Assistance as the Safe Neighborhood Action in, assisted housing developments that Payments (RAP), Rent Supplement, or Program, announced June 12, 1994 by receive grant funds from you. interest reduction payments, or HUD, the National Assisted Housing Multifamily housing developments (ii) Section 8 project-based assistance Management Association (NAHMA), that may lack the ability to oversee grant with or without HUD interest in the and the U.S. Conference of Mayors functions may delegate this task to a project mortgage. (USCM). The New Approach Anti-Drug public housing authority or TDHE by This emphasis on HUD assisted Program was expanded from the SNAP making them a ‘‘fiduciary agent’’, by privately-owned housing does not Program to include funds to augment signed agreement, which must be part of negate the eligibility of other low- security; assist in the investigation and the application. income housing developments assisted prosecution of drug related criminal (c) Encourage other neighborhood by Federal, State, and local government, activity in and around the housing based entities to participate in your and not-for-profit sources to apply for developments; and provide for the program of activities through the New Approach Anti-Drug Program. development of capital improvements partnership arrangements. Such entities By awarding points for neighborhoods directly related to the security of the are community residents; neighborhood with high concentrations of assisted developments. SNAP is an anti-crime businesses; and non-profit providers of housing, HUD is encouraging you to and empowerment strategies initiative support services, including faith-based address the needs of multiple assisted in HUD assisted housing neighborhoods organizations and their affiliates. housing developments which may in 14 SNAP cities. The major thrust of (2) Implementation Principles. HUD consist of a mix of ownership types and SNAP is the formation of local has established the following principles subsidy sources. partnerships in 14 targeted cities where in implementing the New Approach (d) Complying with Civil Rights ideas and resources from government, Anti-Drug Program Grants: Requirements. With the very real need owners and managers of assisted (a) Comprehensive Approach. With to protect occupants of HUD-sponsored housing, residents, service providers, these grants, HUD is taking a housing and the areas around the law enforcement officials, and other comprehensive neighborhood/ housing, the civil rights of all citizens community groups are used to meet to community-based approach to crime. must be protected. Your proposed work on innovative, neighborhood anti- The long term solution to the crime strategies should be developed to ensure crime strategies. problems of assisted housing that crime-fighting and drug prevention (ii) There is no funding associated developments and their surrounding activities are not undertaken in such a with SNAP, which relies on existing neighborhoods rests in changing the manner that civil rights or fair housing ideas and resources of the participants. conditions—and the culture that exists. statutes are violated. Profiling on any Some common initiatives from these (b) Required Partnerships. You will be prohibited basis is not allowed. In SNAP teams have included the required to demonstrate that addition, all segments of the population following: community policing, crime partnerships have been formed with should be represented in developing watch programs, tenant selection units of general local government, with and implementing crime-fighting policies, leadership training, individual the local police department and the strategies. development or job skills training, local district attorney or prosecutor’s (e) Coordination with Other Law expansion of youth activities, police tip office playing key roles in this Enforcement Efforts. In addition to line or form, community centers, anti- partnership. You must also form working closely with residents and local gang initiatives, police training for partnerships with the following entities, governing bodies, it is critically security officers, environmental if they are to receive funding from you: important that owners establish ongoing improvements, and a needs assessment (i) Owners of assisted housing working relationships with Federal, survey to determine community needs. developments in the targeted State, and local law enforcement (iii) In addition, a HUD-sponsored neighborhood, and agencies in their efforts to address crime initiative to increase the presence of (ii) Resident organizations of these and violence in and around their AmeriCorps’ Volunteers in Service to assisted housing developments. housing developments. HUD firmly America (VISTAs) in assisted housing (c) Encouraging Partnerships. HUD believes that the war on crime and units has led to the placement of 25 encourages the use of effective working violence in assisted housing can only be VISTAs on 12 SNAP teams. The partnerships in new locations to won through the concerted and AmeriCorps VISTA program, which leverage the many Federal resources cooperative efforts of owners and law incorporates a theme of working within that are available to eliminate crime in enforcement agencies working together the community to find solutions to

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00346 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9667 community needs, has provided Part II Crime as defined by the Uniform of general local government you do not additional technical assistance to the Crime Reporting System. need to be the owner, but must be the SNAP teams. Eligible project area. For purposes of operator of such housing. (A TDHE is (iv) The cities participating in the the New Approach Anti-Drug Program, not a unit of general local government.); SNAP initiative include: Atlanta, GA; the term ‘‘neighborhood’’ means a (ii) The owner of an assisted housing Boston, Mass; Denver, CO; Houston, TX; geographic area within a jurisdiction of development that is assisted by a non- Newark, NJ; Philadelphia, PA; a unit of general local government Federal governmental entity or similar Baltimore, MD; Columbus, OH; Detroit, designated in comprehensive plans, housing development supported by MI; Los Angeles, CA; New Orleans, LA; ordinances, or other local documents as nonprofit sources. If you are a unit of Little Rock and North Little Rock, AR; a neighborhood, village, or similar general local government, you do not Richmond, VA; and Washington, DC. geographical designation. If, however, need to be the owner, but must be the (v) For more information on SNAP, the unit of general local government has operator of such housing; contact Henry Colonna, National SNAP a population of less than 25,000 (iii) PHAs, TDHEs, and Indian tribes Coordinator, Virginia State Office, 3600 persons, then ‘‘neighborhood’’ means are eligible applicants if they own a West Broad Street, Richmond, VA the entire jurisdiction of the unit of development with project-based Section 23230–4920; telephone (804) 278–4500, general local government. A project area 8 assistance, as defined in the U.S. extension 3027; or (804) 278–4501 must include at least one assisted Housing Act of 1937, and that (TTY). For more information on housing development under: development is included in the AmeriCorps’ VISTAs in Assisted (i) Section 221(d)(3), section proposed plan and is located in the Housing, contact Deanna E. Beaudoin, 221(d)(4), or section 236 of the National ‘‘project area’’ targeted to receive grant National VISTAs in Assisted Housing Housing Act (12 U.S.C. 1715l, 1715z–1), funds. If you do not own such an Coordinator, Colorado State Office, First provided that such development has assisted housing development, you may Interstate Tower North, 633 17th Street, been provided a Below Market Interest still participate in the New Approach Denver, CO 80202; telephone (303) 672– Rate mortgage, interest reduction Anti-Drug Program as a subgrantee or 5291, extension 1068; or (303) 672–5248 payments, or project-based assistance subrecipient of an eligible applicant; or (TTY). These numbers are not toll-free. under Rent Supplement, Rental (b) The development that makes you (3) Definitions. Assisted Housing Assistance Payments (RAP) or Section 8 eligible must be in the neighborhood to Development. For purposes of this programs. An FHA-insured project that be assisted; and program, the term ‘‘assisted housing has no project-based subsidy does not (c) You may not have any outstanding development’’ means five or more qualify as an assisted housing unit for findings of civil rights violations. (See dwelling units in a building or five or eligibility even if it houses tenants Section II(B) of the General Section of more adjoining, adjacent, or scattered receiving tenant-based assistance, such this SuperNOFA.) site (within a single neighborhood) as Section 8 rental vouchers or (2) Lead Applicant. Two or more dwelling units, having common certificates. eligible applicants may file a joint ownership and project identity. Some or (ii) Section 101 of the Housing and application. If filing jointly, you must all of the units must be receiving a Urban Development Act of 1965 (12 designate one entity to be the lead project-based subsidy from a unit of U.S.C. 1701s); or applicant. The lead applicant will be the government at the Federal, State, or (iii) Section 8 of the United States grantee if HUD funds your application. local level, or from a private nonprofit Housing Act of 1937 (42 U.S.C. 1437f). (C) Memorandum of Understanding. entity. This subsidy must be associated This includes housing with project- You must include with your application with a requirement and/or contractual based Section 8 assistance, whether or a Memorandum of Understanding agreement that all or a portion of the not the mortgage was insured by HUD- (MOU) that you have entered into with units be occupied by households with FHA. This does not include projects each required party. (See Section III(B) incomes at or below those of families at which receive only Section 8 tenant- of this program section of the the low-income limit as defined by the based assistance (i.e., certificates or SuperNOFA). A draft MOU may be United States Housing Act of 1937. vouchers). acceptable in only a few circumstances. Assisted Housing Unit. For purposes Project-based Subsidies. For purposes You must provide a detailed of this program, the term ‘‘assisted of this program, the term ‘‘project-based explanation why a draft MOU is being housing unit’’ means a unit within an subsidies’’ means financial assistance presented in your application. You must assisted housing development for which that is initially designated and assigned indicate that the draft MOU is occupancy is restricted to households by the funding source specifically for contingent upon HUD funding the grant. with incomes at or below that of ‘‘low- the project rather than to eligible If a draft MOU is submitted in the grant income families’’ as defined by the U.S. assisted resident households which application, the finalized MOU must be Housing Act of 1937, and rents are might also benefit from these subsidies, submitted to the local HUD Field Office restricted to amounts that the owner/ and provided on a one time up-front or within 15 calendar days after HUD’s operator entity determines to be on a periodic basis to the project or its announcement of the award. The affordable. owner to write down, subsidize, or finalized MOU must be exactly the same Augmented Services. For purposes of waive project development costs, costs as the draft MOU included in your this program, augmented services are of financing, project operating costs application. The MOU may indicate the activities which exceed current levels of (which include but are not limited to agreement is subject to the actual receipt services or ‘‘baseline’’ services provided the following types of expenses: of funds from HUD. by any other parties signing the utilities, taxes, fees, maintenance and (1) Required Parties to the MOU. In memorandum of understanding debt service payments), owner taxes, addition in order to receive full points required for this program. unit rent levels, or tenant rent in the Rating Factor for a New Approach Drug-related crime. For purposes of payments. Anti-Drug grant: this New Approach Anti-Drug Program, (B) Eligible Applicants. (1) General. (a) You MUST sign a MOU that the term ‘‘drug-related crime’’ means (a) Eligible applicants are as follows: (i) provides funds through a subgrantee or drug-related crime as defined in 42 The owner of a federally-assisted subrecipient relationship with the U.S.C. 11905(2) and Part I Crime and housing development. If you are a unit following two entities:

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00347 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9668 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(i) The local police department; and (b) Baseline Services. Additional least 3 years and/or are conducted from (ii) The local the local prosecutor’s security services are permitted but must a police substation or administration office (district attorney). be over and above the local police within the neighborhood, the costs (b) The two parties signing the MOU department’s current level of baseline during the grant period of constructing must have the legal authority to enter services. If you are seeking funding for such a station or of equipping the into a binding agreement with you. augmenting security, you must describe substation with communications and These two entities must have the local police department’s current security equipment to improve the jurisdiction in your project area level of baseline services to the collection, analysis and use of (2) Content of MOU. This MOU must neighborhood (including ordinary and information about criminal activities in commit these entities to actively routine services, patrols, police officer the properties and the neighborhood support the grant project in partnership responses to 911 communications and may be reimbursed. with you. The MOU must also describe: other calls for services, and investigative (d) Security Services Provided by (a) The level of current services follow-up of criminal activity). Your Other Entities (such as the Owner of an (baseline) being provided by these description of baseline services must Assisted Housing Development). (i) The entities; include the number of officers and the activities of any contract security (b) The level of services above this actual percent of their time assigned to personnel funded under this Program baseline which the entities are the development(s) proposed for must be coordinated with other law committed to providing in support of funding. For a proposed activity to be enforcement and crime prevention your grant; considered eligible as an augmented efforts under your proposed action plan. (c) The amount of time to be devoted security activity, you must demonstrate You must describe in your action plan to the activities by each party; to what extent the proposed funded your efforts to achieve this coordination. (d) The skills each party brings to activity will represent an increase over The coordination efforts must include assist in implementation of your and above the baseline. frequent periodic scheduled meetings of specific action plan activities. (c) Police Presence. You may security personnel with housing project reimburse local law enforcement Your MOU will be taken into account management and residents, local police entities for the costs of additional police in reviewing and rating your and, as appropriate, with other public presence (police salaries and other application, so you should strive to be law enforcement personnel, neighboring expenses directly related to additional as specific as possible in your MOU residents, landlords, and other police presence or security that is over document. neighborhood stakeholders. Any and above baseline services) in and (3) Partnerships are encouraged. We contract security personnel funded around assisted housing developments encourage you to partner with other under this Program must meet State and in the neighborhood. Of the funds appropriate neighborhood and local licensing requirements. devoted to additional police presence, at (ii) You may only contract with a community stakeholders, including: least 70 percent of such reimbursed security service provider that has a neighborhood businesses and business costs must be for police presence in associations; nonprofit service assisted housing developments served policy manual that directs the activities providers; neighborhood resident and the remaining 30 percent must be of its personnel and contains the associations; and faith communities or for police presence around the assisted policies, procedures, and general orders religious institutions. You are housing neighborhood area. that regulate conduct and describe in encouraged to enter into MOUs with HUD is strongly encouraging that detail how jobs are to be performed. If these entities however an MOU is not additional law enforcement in the you use your own staff to provide required. assisted housing developments and security services, then you must have (D) Eligible Project Areas. (1) HUD surrounding neighborhoods be targeted such a policy manual. will award one grant per project to implementing an overall proactive (2) Enhancing the Investigation and neighborhood. The project area must be crime fighting strategy, rather than Prosecution of Drug-Related Crime. (a) a ‘‘neighborhood.’’ merely responding to crime Reimbursement of State and Local Law (2) The project area must include at emergencies. Two potentially effective Enforcement Agencies. As the grantee, least one assisted housing development. anti-crime strategies that can benefit you may reimburse local or State See definition in Section III(A)(1) of this from additional police presence are: prosecuting offices and related public program section of the SuperNOFA. (i) Combined multi-agency task force agencies for activities, other than (3) You must provide documentation initiatives, in which local and Federal salaries or ineligible activities in Section of the population used to define law enforcement agencies pool III(G) of this program section of the eligibility as a neighborhood. The resources, first, to infiltrate SuperNOFA, related to the prosecution documentation may include census data organizations that promote violent and/ or investigation of crime committed in or documentation provided by local or drug-related crime in the the neighborhood identified in your government officials or by HUD’s neighborhood and, second, to initiate application. These costs are subject to a Community 2020 program, available by strategic and coordinated mass arrests to cost reimbursement agreement. calling 1–800–998–9999, (there may be break up these organizations; and Reimbursement must be for costs over a charge to you for this information). (ii) Community policing (i.e., and above what the office or agency (E) Eligible Activities. The following is sustained proactive police presence in incurred for such purposes for crimes a listing of eligible activities under this the development or neighborhood, often committed in the same neighborhood program and guidance as to their conducted from an on site substation or during the period equal in length and parameters: (1) Augmenting Security mini-station, that involves crime immediately before the period of (Including Personnel). prevention, citizen involvement, and reimbursement. For any grant, at least (a) General. You must document in other community service activities, as 70 percent of reimbursed costs must be your MOU(s) all security services above well as traditional law enforcement). in connection with crimes committed in baseline established in your MOU. If reimbursement is provided for and around the assisted housing Anyone providing augmented security community policing activities that are developments and the remainder of services must have liability insurance. committed to occur over a period of at reimbursed costs directly related to

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00348 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9669 crime committed within the include up to $15,000 for the center for special conditions, including sanctions neighborhood. further crime prevention activities, such for violation of the agreement. The (b) Hiring of Private Investigator as additional mentoring and/or tutorial Grant Agreement will incorporate your Services. You may use grant funds to education programs, improving job skill HUD approved application as may be hire private investigator services to programs, home buyer education, and amended by any special condition in investigate crime in and around an resident participation in law the Grant Agreement. HUD will monitor assisted housing development and the enforcement community outreach your grant using your Grant Agreement surrounding neighborhood. You must activities such as DARE days and the to ensure that you have achieved explain why local law enforcement local office of the FBI’s Race Against commitments set out in your approved services are inadequate and justify the Drugs activities, etc. No grant funds will grant agreement. Failure to honor such need for hiring private investigator be approved for expenditure until the commitments would be the basis for services. local HUD Field Office approves the HUD determining your default of the (3) Capital Improvements to Enhance Neighborhood Network business plan Grant Agreement, and exercising Security. You may use grant funds for for the Neighborhood Networks center. available sanctions, including grant capital improvements to enhance A sample of the Neighborhood Network suspension, termination, and/or the security. You should, however, consider business plan may be found on the recapture of your grant funds. using other sources of funding for this Neighborhood Networks web page at (B) Requirements Governing Grant purpose. These improvements must be www.neighborhoodnetworks.org. Administration, Audits and Cost accessible to persons with disabilities. (F) Ineligible Activities. In addition to Principles. The policies, guidelines, and For example, locks or buzzer systems the ineligible activities mentioned requirements of this program section of that are not accessible to people with elsewhere in this program section of the the SuperNOFA, 48 CFR part 31, 24 CFR restricted or impaired strength, SuperNOFA, New Approach Anti-Drug parts 44, 45, 84 and/or 85, OMB mobility, or hearing may not be funded Program Grant funding is not permitted Circulars A–87 and/or A–122, other by your grant. Capital improvements to for any of the activities listed below, applicable administrative, audit, and implement defensible space concepts in unless otherwise specified in this cost principles and requirements, and the design and implementation of your program section of the SuperNOFA: the terms of grant/special conditions enhanced security measures are eligible (1) Treatment or intervention and subgrant agreements apply to your provided such design elements permit activities; acceptance and use of funds. The accessibility and visibility by persons (2) Costs incurred before the effective requirements cited above, as applicable, with disabilities. Capital improvements date of the grant agreement, including must be followed in determining to enhance security or crime prevention but not limited to consultant fees related procedures and practices related to the through environmental design, must to the development of your application separate accounting of grant funds from comply with civil rights requirements or the actual writing of your application; other grant sources, personnel and cannot exclude or segregate persons (3) Purchase of controlled substances compensation, travel, procurement, the based upon their race, color, or national for any purpose. Controlled substance timing of drawdowns, the origin from benefits, services, and other has the meaning provided in section 102 reasonableness and allocation of costs, terms and conditions of housing. Under of the Controlled Substance Act (21 audits, reporting and closet, budgeting, the selection criterion entitled ‘‘Quality U.S.C. 802); and preventing conflict of interests or of Plan,’’ HUD will reward capital (4) Compensating informants, duplicative charging of identical costs to improvements to enhance the security including confidential informants. two different funding sources. All costs of an entire neighborhood as opposed to These should be part of the baseline must be reasonable and necessary. specific projects at the expense of other services provided and budgeted by local (C) Term of Grant. Your grant funds dwellings in the neighborhood. The law enforcement agencies; or must be expended within 24 months capital improvements may include, but (5) Although participation in after HUD executes a Grant Agreement are not limited to: activities with Federal drug interdiction with you. There will be no extensions (a) New construction or rehabilitation or drug enforcement agencies is or waivers of this grant term. Any of structures housing police substations encouraged, these grant funds may not remaining grant funds will be or mini-stations; be transferred to any Federal agency. recaptured. (b) Installation of barriers (including In addition, profiling on any (D) Subgrants and Subcontracting. (1) speed bumps and fences) and prohibited basis is not allowed. In accordance with your approved grant agreement, you may directly undertake appropriate use of close circuit IV. Program Requirements television (CCTV), provided any barriers any of the eligible activities under this make reasonable accommodations for In addition to the program program section of the SuperNOFA, you persons with disabilities; requirements listed in the General may contract with a qualified third (c) Improved door or window security Section of this SuperNOFA, grantees party, or you may make a subgrant to such as locks, bolts, or bars; must meet the following program any entity approved by HUD as a (d) Landscaping or other requirements. These requirements apply member of the partnership, provided reconfiguration of common areas to to all activities, programs, or functions such entity is a unit of government, a discourage drug-related criminal used to plan, budget, implement, and prosecutor’s office, a police department activities; and evaluate the work funded under this or a TDHE; is incorporated as a not-for- (e) Establishment of a Neighborhood program. profit organization; or is an incorporated Networks center and augmenting (A) Grant Agreement. After for-profit entity that owns and/or existing centers. The costs to develop applications have been ranked and manages an assisted housing project and establish a new Neighborhood selected, HUD and a successful benefiting from the grant. Multifamily Network center must not exceed applicant will enter into a grant housing agents/owners are authorized to $25,000 of the grant funds awarded by agreement setting forth the amount of make a PHA or THDE their Fiduciary HUD. the grant, the physical improvements or Agent, if the PHA and/or the THDE has If there is an established other eligible activities to be the capacity to implement, oversee and Neighborhood Networks center you may undertaken, financial controls, and close out the grant activities. Resident

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00349 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9670 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices groups that are not incorporated may grant funds, HUD will notify you promote the more efficient use of participate in the implementation of the through the issuance of a grant resources. program, but may not receive funds as amendment. (B) Factors For Award To Evaluate subgrantees. For-profit organizations (H) Reports and Closeout. If you and Rank Applications. The maximum other than owners or managers of an receive a grant, you will be required to number of points for this program is 102 assisted housing development submit to HUD a semi-annual progress (except for an application submitted by benefiting from the grant that have been report (Form 269). The narrative of the the City of Dallas, Texas which would approved by HUD as part of the Form 269 must be sent in a format be eligible for a maximum of 104 points partnership may only receive grant prescribed by HUD that indicates in accordance with Rating Factor 3, funds subject to the applicable Federal program expenditures and measures paragraph (7), below. This includes two procurement procedures (See 24 CFR performance in achieving goals. At grant EZ/EC bonus points, as described in the parts 84 or 85). completion, you will be required to General Section of the SuperNOFA. (2) Subgrants may be made only participate in a closeout process which Rating Factor 1: Capacity of the under a written agreement executed shall include a final report in a format Applicant and Relevant Organizational between you, the grantee, and your prescribed by HUD that reports final Experience (20 Points) subgrantee. The agreement must include program expenditures and measures This factor addresses the extent to a program budget that is acceptable to performance in achieving program which you have proper organizational you, and that is consistent with the goals. Closeout will culminate in a resources necessary to successfully eligible activities and requirements. The closeout agreement between you and implement the proposed New Approach agreement must require the subgrantee HUD and, when appropriate, in the Anti-Drug Program activities in an to permit you to inspect your return of grant funds which have not effective, efficient, and timely manner. subgrantee’s work and to follow been expended in accordance with In rating this factor, HUD will consider applicable OMB and HUD applicable requirements, or which may the extent to which the application administrative requirements, audit be remaining after all activities have demonstrates the capabilities described requirements, and cost principles, been completed and paid for. including those related to procurement, below: (I) Suspension or Termination of (1) (5 Points) The applicants’ drawdown of funds for immediate use Funding. HUD may suspend or only, and accounting for the use of grant administrative capacity to implement terminate funding if you fail to the grant. HUD will award points based funds and implementation of program undertake the approved program activities. In addition, your subgrant on the quality and amount of staff activities on a timely basis in must describe the nature of the activities allocated to the grant activity by you; accordance with your grant agreement, to be undertaken by the subgrantee, the the anticipated effectiveness of your adhere to grant agreement requirements scope of the subgrantee’s authority, and systems for budgeting, procurement, or special conditions, or submit timely the amount of any insurance to be drawdown, allocation, and accounting and accurate reports. carried by you and the subgrantee to for grant funds and matching resources protect your respective interests. (J) Affirmatively Furthering Fair in accordance with OMB administrative (3) You are responsible for Housing. You must address Section II(D) requirements; and the lines of monitoring, and for providing technical of the General Section of the accountability for implementing your assistance to, any subgrantee to ensure SuperNOFA. You must also reference grant activity, coordinating your compliance with applicable HUD and the certifications listed in Section II (G) partnerships, measuring the effect of the OMB requirements. You must also the General section of the SuperNOFA. expenditure of grant funds and ensuring ensure that subgrantees have V. Application Selection Process that you and your MOU partners’ appropriate insurance liability coverage. commitments will be met. You must (E) Ineligible Contractors. The (A) Rating and Ranking. Your include in your narrative a discussion of provisions of 24 CFR part 24 relating to application can only be rated if you are financial capacity, staff resources, and the employment, engagement of an eligible applicant and you are in prior experience that will enable you to services, awarding of contracts or compliance with the requirements of the effectively administer the grant and funding of any contractors or General Section of the SuperNOFA. meet reporting requirements. This subcontractors during any period of (1) HUD will evaluate all eligible narrative must not exceed five pages. debarment, suspension, or placement in applications based on the factors for For an owner of an assisted housing ineligibility status apply to this grant. award identified in this Section V. development that is HUD-insured, HUD (F) Section 3 Economic Opportunity. (2) After the applications have been will consider the most recent See Section II(E) of the General Section scored, HUD will rank them on a Management Review (including Rural of the SuperNOFA. The requirements of national basis. An application must Housing Management Review), HUD’s section 3 of the Housing and Urban receive a score of at least 70 points, Uniform Physical Condition Standards Development Act of 1968 apply to some excluding the EZ/EC and Dallas bonus review (as codified in 24 CFR part 5 of the activities that may be funded points to be eligible for funding. Awards subpart G), State Agency review and under this program section of the will be made in ranked order until all such other relevant information SuperNOFA. funds are expended. available to HUD on the capacity of the (G) Drawdown of Grant Funds. You (3) In the event of a tie, HUD will owner and manager to undertake the will be required to access your grant select the applicant with the highest grant. You must include a copy of the funds through HUD’s Line of Credit score in Rating Factor 1. If Rating Factor most recent management review (not a Control System-Voice Response System 1 is scored identically, the scores in physical inspection report) for the in accordance with procedures for Rating Factors 2, 3 and 4 will be development to be served by your grant. minimizing the time lapsing between compared in that order, until one of the These documents will not be counted drawdowns and use of funds for eligible applications receives a higher score. If against your 5 page narrative limitation. purposes as described in 24 CFR parts both applications still score the same (2) (15 points) The applicant’s 84 and/or 85, as applicable. If HUD then the application which requests the performance in administering Drug changes the procedures for the draw of least funding will be selected to Elimination grants and/or other Federal,

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00350 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9671

State, or local grants of similar size and points in this area based on the strength specific to the community or targeted complexity during the last 3 years. In of resource commitments identified in development proposed for funding, your assessing this factor, HUD will verify your MOUs in terms of the amount of application is only eligible to receive up you and your partners’ successful staff, time, money, or other assets to 15 points for this factor. experience and performance based on committed by each MOU party toward You will be evaluated on the information on file with HUD and will implementing your program. Your following: consider the following factors with the description should include the (1) (25 points) ‘‘Objective Crime Data’’ indicated total available points: following: relevant to the target area. Your (a) (5 Points) Your successful (a) Identification of the skills each application must include the most experience combined with your MOU party will bring to help successfully current and specific Part I Crime data partners’ successful experience in implement your program and the and relevant Part II Crime data available utilizing similar strategies to alleviate firmness of the commitments; from the FBI’s Uniform Crime Reporting crime. You must identify your (b) evidence of your MOU partners’ Program (UCR) system or the local law participation in HUD grant programs (and project tenants’) pre-application enforcement’s crime statistics. Part I within the last three years and discuss role in developing the plan and Crimes include: homicide; rape; the degree of your success in prospective role in program robbery; aggravated assault; burglary; implementing planned activities implementation; larceny; auto theft; and arson. Part II measuring progress towards achieving (c) Indications of the capacity of the drug-related crimes include: drug abuse program goals and objectives; timely assisted housing developments’ violations; simple assault; vandalism; drawdown of funds; timely submission ownership and management (based on weapons violations; and other crimes of required reports and ability to available management reviews by which you are proposing to be targeted complete activities on time and within governing public entities) to undertake as part of your grant. In assessing this budget; what if any audit findings were their share of responsibilities in the subfactor, HUD will consider the extent noted; whether there was audit partnership (including evidence of of specificity that the statistical data is compliance; whether there are and the whether management carefully screens provided (e.g., data specific to the extent of any unresolved findings and/ applicants for units and takes neighborhood covered by your or outstanding recommendations from appropriate steps to deal with tenants application). These data must consist of prior HUD reviews or audits undertaken known to exhibit or suspected of verifiable records and not anecdotal by HUD, HUD-Office of Inspector exhibiting criminal behavior) and to reports. Where appropriate, the statistics General, the General Accounting Office cooperate with law enforcement actions should be reported both in real numbers (GAO) or independent public on their project premises; and as an annual percentage of the accountants (IPAs). To receive (d) The willingness of the unit of residents in each development (e.g., 20 maximum points under this section, you general local government to use its arrests in a two-year period for must have worked in partnership with prosecutor’s office as its lead agency in distribution of heroin in a development one or more of your MOU partners (or implementing the grant; with 100 residents reflects a 20% two or more of your MOU partners may (e) Participation of additional partners occurrence rate). These data may have worked together in partnership) other than those required to sign MOUs include: using similar strategies to reduce crime (for example, neighborhood business (a) Police records or other verifiable in and around assisted housing organizations); and information from records on the types or developments. To demonstrate success (f) The effectiveness of the sources of drug related crime in your in implementing past projects, you must partnership structure. targeted developments and surrounding identify the reduction in the occurrence area; Rating Factor 2: Need/Extent of the (b) The number of lease termination’s of the types of crime as indicated in Problem (25 Points) Rating Factor 2 of this program section or evictions for drug-related crime at of the SuperNOFA. In the absence of This factor addresses the extent to your targeted developments; and previous partnerships, your capacity which there is a need for funding your (c) The number of emergency room will weigh more heavily than the proposed program activities to address admissions for drug use or that result experience of any of your partners, in the documented degree of the severity of from drug-related crime. Such HUD’s assignment of points under this the drug-related crime problem in the information may be obtained from subfactor. project area proposed for funding. Any police departments and/or fire (b) (4 Points) Your performance in collection of data should include departments, emergency medical service administering other Federal, State or summaries at the beginning of the data. agencies and hospitals. The number of local grant programs. You must identify In responding to this factor, HUD will police calls for service from housing your participation in HUD grant evaluate the extent to which you have authority developments that include programs within the preceding three explained a critical level of need for resident initiated calls, officer-initiated years, and discuss the degree of your your proposed activities and have calls, domestic violence calls, drug success in implementing and managing indicated the urgency of meeting the distribution complaints, found drug these grant programs. This includes need in the target area. You must paraphernalia, gang activity, graffiti that implementation, timely drawdown of include a description of the extent and reflects drugs or gang-related activity, funds, timely submission of required nature of drug-related crime ‘‘in and vandalism, drug arrests, and abandoned drawdown of funds, timely submission around’’ the housing units or vehicles. of required reports with satisfactory developments proposed for funding. For PHAs, such data should include outcomes related to the plan and To the extent that you can provide housing authority police records on the timetable, audit compliance and other objective crime data specific to the types and sources of drug related crime HUD reviews. community or targeted development ‘‘in and around’’ developments as (3) (6 Points) The strength of the proposed for funding, your application reflected in crime statistics or other applicants’ partnership as it relates to is eligible to be awarded up to the full supporting data from Federal, State, eliminating the crime problem identified 25 points. If you do not provide Tribal or local law enforcement in Rating Factor 2. HUD will award documented objective crime data agencies.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00351 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9672 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

If you submit objective data you do HUD will review more favorably those adequate to conduct the work plan as not need to submit other crime data. applicants who used the Consolidated proposed; and You should include summaries with the Plan to identify need, when applicable. (e) Your rationale for the proposed objective data that establish the drug activities and methods and why you Rating Factor 3: Soundness of related crime problem. believe the activities will be effective in (2) (15 Points) Other Crime Data— Approach (Quality of the Plan) (35 reducing drug use and drug-related Other supporting data on the extent of Points) crime. If you are proposing new drug-related crime. To the extent that This factor addresses the quality and methods for which there is limited objective data as described above may anticipated effectiveness of your knowledge of the effectiveness, you not be available, you must use data from proposed action plan using grant funds should provide the basis for modifying other verifiable sources that have a and other resources in taking a past practices and rationale for why you direct bearing on drug related crime in comprehensive community-based believe the modification will yield more the developments proposed for approach toward the problem of drugs effective results. assistance under this program. You and drug-related crime in the (2) (10 Points) The adequacy of the must use data from other verifiable neighborhood identified in your process you will use to collect, sources that have a direct bearing on application. maintain, analyze and report Part I and drug-related crime in the developments Your application must include an II crimes as defined by the Uniform proposed for assistance under this action plan for crime reduction and Crime Reporting (UCR System), as well program. However, to qualify for points elimination efforts, describing in detail: as police workload data. The process your application must indicate the the specific activities to be undertaken; must include the collection of police reasons why you could not obtain the parties responsible for or involved workload data such as, but not limited objective data and what efforts you in the activities for each development to, all calls for service at the housing made to obtain it and what efforts you proposed for assistance; and the dollar authority by individual development, will make during the grant period to amount and extent of resources patterns over a period of time, type of begin obtaining the data. Examples of committed to each activity or service crime, and plans to improve data the data should include (but are not proposed. collection and reporting. Your proposed necessarily limited to): In evaluating this factor, HUD will analysis of the data collected should (a) Surveys of residents and staff in consider the following: include a method for assessing the your targeted developments surveyed on (1) (25 Points) The quality and impact of grant activities on the collected crime statistics on an on-going drug-related crime or on-site reviews to comprehensiveness of your action plan determine drug/crime activity; and basis during the award period. to address the drug-related crime government or scholarly studies or other (3) Up to two (2) additional points problem and the problems associated research in the past year that analyze will be awarded to any application with drug-related crime in the drug-related crime activity in the submitted by the City of Dallas, Texas, developments proposed for funding. targeted developments. to the extent this subfactor is addressed. (b) Vandalism cost at your targeted You must includes a description of your Due to an order of the U.S. District developments, including elevator plan’s anticipated effectiveness in Court for the Northern District of Texas, vandalism (where appropriate) and reducing or eliminating drug-related Dallas Division, with respect to any other vandalism attributable to drug- crime problems immediately and over application submitted by the City of related crime. an extended period, as evidenced by: Dallas, Texas, HUD’s consideration of (c) Information from schools, health (a) The extent to which your proposed this subfactor will consider the extent to service providers, residents and Federal, activities provide services over the which the applicant’s plan for the use State, local, and Tribal officials, and the existing baseline of services currently of New Approach Anti-Drug funds will verifiable opinions and observations of provided to the project area; be used to eradicate the vestiges of individuals having direct knowledge of (b) The extent to which the activities racial segregation in the Dallas Housing drug-related crime and the nature and of the two required MOU entities are Authority’s programs consistent with frequency of these problems in comprehensive and, as result of the Court’s order. developments proposed for assistance. collective actions, will effectively work Rating Factor 4: Leveraging Resources (These individuals may include Federal, together. If you provide for a (Support of Residents, the Local State, Tribal, and local government law comprehensive approach, you will Government and the Community in enforcement officials, resident or receive a higher number of rating points. Planning and Implementing the community leaders, school officials, HUD will provide only one-half of the Proposed Activities and Interagency community medical officials, substance eligible points under this subfactor if Activities) (10 Points) abuse, treatment (dependency/ your application only includes an MOU remission) or counseling professionals, with either: This factor addresses your ability to or other social service providers.) (i) The local law enforcement entity; secure community and government (d) The school dropout rate and level or resources, in-kind services from local of absenteeism for youth that you can (ii) The local prosecutor (district governments, non-profit entities, relate to drug-related crime. If crime or attorney) with jurisdiction over the including resident organizations, for- other statistics are not available at the neighborhood identified in your profit entities, or private organizations development or precinct level, you must application. If you include no MOUs to be combined with HUD’s program use other verifiable, reliable and with either party, you will receive zero resources to achieve program purposes. objective data; and points. To be considered as documented (e) To the extent that your (c) The extent to which you have evidence of leveraging, you must submit community’s Consolidated Plan partnered with appropriate a letter signed by the organization head identifies the level of the problem and neighborhood and community authorized to commit the organization the urgency in meeting the need, stakeholders; which details the amount of funds or references to the Consolidated Plan (d) The extent to which the resources type of services to be provided. The should be included in your response. allocated and the budget proposed are letter also must identify the dollar value

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00352 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9673 of any services or goods in lieu of a cash funded, the specific steps you will take area meets the definition of contribution. Therefore, in responding to share information on solutions and ‘‘neighborhood’’ as described in this to the factor you must translate the time outcomes with others. Describe any program section of the SuperNOFA (i.e., or services provided into a dollar value. written agreements and memoranda of describe and include a copy of the This dollar value will be added to any understanding currently in place, or that comprehensive plan, ordinance or other cash funding commitments identified as will be in place after award. (2) You official local document which defines part of your leveraging of funds. For have taken or will take specific steps to the area as a neighborhood, village, or example, if you are receiving a donation become active in the community’s similar geographical designation). If the of security alarm systems, you should Consolidated Planning process entire jurisdiction is defined as a indicate the number of security systems (including the Analysis of Impediments neighborhood by virtue of having a to be provided and give a dollar value to Fair Housing Choice) established to population at less than 25,000, indicate for those alarm systems. The value will identify and address a need/problem the jurisdiction’s population under the be added to any cash contributions you that is related to the activities the 1990 census and describe/include more have noted from others. The letter may applicant proposes. recent information which gives the best indicate that the commitment is (3) You have shared and coordinated indication as to the current population. predicated on the applicant receiving information on solutions and outcomes (D) The description of the assisted the grant from HUD. In assessing this with other law-enforcement and housing development(s) in the factor, HUD will consider the following: governmental agencies, and have neighborhood. This must include the (1) Evidence of the extent and amount described any written agreements in name of the project; the name of the of the commitment of funding, staff, or place or that will be put in place. project owner; the nature, sources, and in-kind resources, partnership (4) You have taken or will take program titles of all project-based agreements, and on-going or planned specific steps to develop linkages to subsidies or other assistance provided to cooperative efforts with law coordinate comprehensive solutions the development by units of government enforcement agencies, memoranda of through meetings, information or private nonprofit entities. Any names understanding, or agreements to networks, planning processes or other of public or nonprofit assisted housing participate. Such commitments must be mechanisms with: programs other than programs signed by an official of the organization (a) Other HUD-funded project/ sponsored by HUD should be legally able to make commitments for activities outside the scope of those accompanied by a description of the the organization. This evidence of covered by the Consolidated Plan, and program and the name and business commitment must include organization (b) Other Federal, State, or locally phone number of a contact person name, resources, and responsibilities of funded activities, including those responsible for administering the each participant. This also includes proposed or on-going in the community. program. For the subsidy provider, you interagency activities already must include the number of housing VI. Application Submission undertaken, participation in local, state, units in the development, and the Requirements Tribal, or Federal anti-drug related number of housing units in the crime efforts such as: education, Each New Approach Anti-Drug development that meet the definition of training and employment provision application must provide the items ‘‘assisted housing units’’ in this funding components of Welfare Reform efforts, listed in this Section VI of this program announcement, and a description of the Operation Weed and Seed, Operation section of the SuperNOFA. Your restrictions on rents and resident Safe Home, local law enforcement application must contain the items incomes that, in combination with the initiatives and/or successful listed in this Section VI(B). These items subsidy provided to the development, coordination of its law enforcement, or include the standard forms, qualify the units as assisted/affordable other activities with local, state, Tribal, certifications, and assurances listed in in accordance with the definition in this or Federal law enforcement agencies. the General Section of the SuperNOFA program section of the SuperNOFA; and (2) HUD may award more points for that are applicable to this funding the number, geographic proximity applications with a higher percentage of (collectively, referred to as the (adjoining, adjacent, or scattered site, these resources as compared to New ‘‘standard forms’’). The standard forms and if scattered site, the distance Approach Anti-Drug funds requested. can be found in Appendix B to the between the two buildings which are General Section of the SuperNOFA. The Rating Factor 5: Comprehensiveness furthest apart), and type (single family remaining application items that are and Coordination (10 points) detached, townhouse, garden, elevator) forms (i.e., excluding such items as of buildings in the development. This factor addresses the extent to narratives, or letters), referred to as the (E) Application for Federal which you have coordinated your ‘‘non-standard forms’’ can be found as Assistance, Standard Form (SF) 424, activities with other known Appendix B to this program section of signed by the chief executive officer of organizations, participants or have the SuperNOFA. The items are as your organization. promoted participation in a follows: (F) An action plan which describes community’s Consolidated Planning (A) Application Cover Letter; the activities and roles to be undertaken process. You should demonstrate that (B) Congressional Summary— by you and each subgrantee or you are working towards addressing a Summary of your proposed program subrecipient of program funds. This need in a holistic and comprehensive activities in five (5) sentences or less: action plan may be attached to and manner through linkages with other (C) A Neighborhood Description. The referenced in your MOU. activities in the community. neighborhood description must include (G) Narrative responses to the factors In evaluating this factor, HUD will a basic description (e.g., boundaries and for award including any required consider the extent to which: (1) You size), population, number of housing documentation identified under each have coordinated your proposed units in the neighborhood, a map, a factor. activities with those of other groups or population profile (e.g., relevant census (H) A line item budget which organizations prior to submission in data on the socio-economic, ethnic and identifies salaries, fringe benefits, order to best complement, support, and family makeup of neighborhood consultants or subgrantees, equipment, coordinate all known activities and if residents), and the basis on which the supplies, travel, and general and

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00353 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9674 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices administrative expenses; as well as an partnership, and assuring that your and impacts, your application may be estimated dollar amount for each your subgrantees’ commitments will be downgraded or rejected. The General activity to be undertaken as part of your met. There must be a discussion of the Section of this SuperNOFA provides action plan. various agencies of the unit of additional guidance on Environmental (I) Overall budget and timetable that government that will participate in grant Reviews. implementation (which must include includes separate budgets, goals, IX. Authority milestones, and timetables for each the prosecutor’s office and the police activity and addresses milestones department. This program is authorized under the towards achieving the goals described Departments of Veterans Affairs and VII. Corrections to Deficient Housing and Urban Development, and above; and indicates the contributions Applications and implementation responsibilities of Independent Agencies Appropriations each partner for each activity, goal, and The General Section of this Act, 2000 (Pub.L. 106–74, approved milestone. SuperNOFA provides the procedures for October 20, 1999), under the heading (J) The number of staff years, the titles corrections to deficient applications. ‘‘Drug Elimination Grants for Low- and professional qualifications, and Income Housing.’’ VIII. Environmental Requirements respective roles of staff assigned full or APPENDIX A—HUD FIELD OFFICE LIST part-time to grant implementation by Prior to the award of grant funds FOR MULTIFAMILY HOUSING the applicant/grantee. under the program, HUD will perform Please see Appendix A to the Multifamily (K) Your plan and lines of an environmental review to the extent Housing Drug Elimination Program section of accountability (including an required under the provisions of 24 CFR this SuperNOFA for a list of the HUD Field organization chart) for implementing part 50. Should the environmental Offices for Multifamily Housing. your grant activity, coordinating the review indicate adverse environmental BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00354 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9675

APPENDIX B The non-standard forms, which follow, are required for your New Approach Anti-Drug application.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00355 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9676 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00356 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9677

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00357 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9678 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00358 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9679

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00359 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9680 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00360 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9681

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00361 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00362 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9683

FUNDING AVAILABILITY FOR DRUG and telephone number (including area Los Angeles Hub—$761,080 ELIMINATION GRANTS FOR code). An application kit also will be Minneapolis Hub (Minneapolis, FEDERALLY ASSISTED LOW-INCOME available on the Internet at http:// Milwaukee)—$999,008 HOUSING (MULTIFAMILY HOUSING www.hud.gov. New York Hub—$599,118 DRUG ELIMINATION) For Further Information and Philadelphia Hub (Philadelphia, Technical Assistance. You may contact Pittsburgh, Charleston, Newark)— Program Overview your local HUD Field Office staff for $1,138,754 Purpose of the Program. The purpose questions you have regarding this San Francisco Hub (San Francisco, of this Multifamily Housing Drug program section of the SuperNOFA and Honolulu, Las Vegas, Phoenix, Elimination Grant Program is to enable your application kit. Please contact the Sacramento)—$909,427 owners of federally assisted low-income Resident Initiatives Specialist or Drug Seattle Hub (Seattle, Portland, housing developments to deal Elimination Grants contact person in Anchorage)—$707,332 effectively with drug-related criminal your local office. If you have a question Grand Total—$16,250,000 activity in and around their that the Field staff are unable to answer, The Multifamily Housing Hub offices developments, through a plan of please call Carissa Janis, Housing will select applicants for award activities including enhanced security Project Manager, Office of Portfolio according to the process discussed in measures, support of tenant patrols, and Management, Department of Housing Section V of this program section of the drug-abuse prevention, intervention, and Urban Development, 451 Seventh SuperNOFA. referral, and treatment programs. Street, SW, Room 6176, Washington, DC (B) Maximum Grant Award. The Available Funds. Approximately 20410; (202) 708–3944, extension 2484 maximum amount of funds you may $16.25 million. (this number is not toll free). If you are receive for an application with one Eligible Applicants. Only owners of hearing or speech impaired, you may development is $125,000 and the eligible developments may apply for access this number via TTY by calling maximum for an application for two or and become the recipient of grant funds. the Federal Information Relay Service at more developments is $200,000. Property management companies may 1–800–877–8339. (C) Reduction of Requested Grant administer grant programs, but are not Satellite Broadcast. HUD will hold an Amounts. You may be awarded an eligible applicants. information broadcast via satellite for amount less than requested if: Application Deadline. May 25, 2000. potential applicants to learn more about (1) HUD determines that some Match. None. the program and preparation of the elements of your proposed action plan application. For more information about are ineligible for funding; ADDITIONAL INFORMATION the date and time of the broadcast, you (2) Insufficient amounts remain under If you are interested in applying for should consult the HUD web site at the allocation to fund the full amount funding under this program, please http://www.hud.gov. you requested, and HUD determines review carefully the General Section of that partial funding is a viable option; this SuperNOFA and the following II. Amount Allocated or additional information. (A) Available Funding. HUD is (3) HUD determines that a reduced allocating funds under this Multifamily grant would prevent duplicative Federal I. Application Due Date, Application Drug Elimination Grant Program section funding. Kits, Further Information, and of the SuperNOFA to the eighteen Technical Assistance Multifamily Housing Hub Offices, in III. Program Description; Eligible Applicants; Eligible Activities Application Due Date. Your accordance with the following schedule: completed application (an original and (A) Program Description. The Hub Offices and Field Office Federally Assisted Low-Income Housing two copies) is due on or before 6:00 pm, Jurisdictions local time, on May 25, 2000, at the Drug Elimination Grant program is address shown below. Atlanta Hub (Atlanta, Caribbean, designed to assist property owners to See the General Section of this Knoxville, Nashville, Louisville)— reduce or eliminate drug-related SuperNOFA for specific procedures $1,219,019 criminal activity in and around their concerning the form of application Baltimore Hub (Baltimore, Richmond, developments and to provide programs submission (e.g., mailed applications, Washington, DC)—$801,213 to prevent or eliminate drug use and express mail, overnight delivery, or Boston Hub (Boston, Hartford, abuse among their residents. While this hand carried). Manchester, Providence)—$1,310,033 program is centered in and around the Address for Submitting Applications. Buffalo Hub—$329,658 premises of one or more HUD assisted Chicago Hub (Chicago, Indianapolis)— Appendix A to this program section multifamily housing sites, you are $989,691 expected to work closely with other contains a list of HUD Field Offices Columbus Hub (Columbus, Cincinnati, community social service and law where you must send your application Cleveland)—$945,259 by the deadline. Please address your Denver Hub—$757,497 enforcement organizations to achieve application to the Director, Multifamily Detroit Hub (Detroit, Grand Rapids)— specific program objectives to reduce or Housing Hub or Program Center in your $619,184 eliminate drug-related criminal activity. local HUD Field Office. Ft. Worth Hub (Ft. Worth, Albuquerque, The development of these strong For Application Kits. For an Houston, Little Rock, New Orleans, working partnerships is an essential part application kit, please call the San Antonio, Shreveport)— of this program and is seen by the SuperNOFA Information Center at 1– $1,161,687 Department as necessary for long-term 800–HUD–8929. If you have a hearing or Greensboro Hub (Greensboro, strategies to fight crime and drug abuse. speech impairment, please call the Columbia)—$811,246 Thus, while your activities are targeted Center’s TTY number at 1–800–HUD– Jacksonville Hub (Jacksonville, in and around one or more 2209. When requesting an application Birmingham, Jackson)—$1,006,891 developments, HUD expects you to link kit, please refer to Multifamily Housing Kansas City Hub (Kansas City, Des your activities with services available in Drug Elimination Grants, and provide Moines, Oklahoma City, Omaha, St. your community. In particular, HUD is your name, address (including zip code) Louis, Tulsa)—$1,183,903 seeking plans that provide successful,

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00363 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9684 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices proven, and cost-effective deterrents to (5) Eligible owners may apply for and Rehabilitation of existing space for use drug-related crime and drug abuse that receive both Multifamily Housing Drug by drug-related intervention and are designed to address the realities of Elimination Grants and New Approach prevention programs is an eligible federally assisted low-income housing Anti-Drug grants. activity. environments. (C) Eligible Activities. Your proposed (2) The provision of training, Changes to This Year’s Program. This drug elimination program should foster communications equipment, and other year’s application selection process has interrelationships among the residents, related equipment for use by voluntary changed from last year. Multifamily Hub the housing owner and management, the tenant patrols acting in cooperation Offices, rather than Award Offices, will local law enforcement agencies, and with local law enforcement officials is be selecting applications based on score other community groups affecting your an eligible activity. ranked order. See Section V(B) of this development. Resident participation in (3) Programs to Reduce the Use of program section for details. This the determination of programs and Drugs. Programs to reduce the use of program section of the SuperNOFA also activities to be undertaken is critical to drugs in and around your development, clarifies that Section 221(d)(4) the success of all aspects of your including drug-abuse prevention, developments are eligible to apply only program. In addition to working closely intervention, referral, and treatment are if they receive project-based Section 8 with the development’s residents, your eligible for funding. Where appropriate, assistance. program must include working with you must establish a confidentiality (B) Eligible Applicants. community groups, the neighborhood policy regarding medical and disability- (1) To be eligible for funding, you law enforcement precinct, residents of related information. Funding is must meet all of the applicable adjacent developments, and the permitted for reasonable, necessary, and threshold requirements of Section II(B) community as a whole to enhance and justified leasing of vehicles for resident of the General Section of the magnify the effect of your specific youth and adult education and training SuperNOFA and must be owners of program activities. HUD seeks result- activities directly related to ‘‘programs developments assisted under the oriented programs that promote to reduce the use of drugs’’ under this following programs: stability, positive and lasting changes in section. All such services and educational and training programs must (a) Sections 221(d)(3) below market and around your development and the be fully accessible to people with interest rate, or 236 of the National surrounding community, and which use disabilities. Housing Act; proven cost-effective measures to reduce drug use or prevent criminal activity. (a) Drug Prevention. Your drug (b) Section 101 of the Housing and With the very real need to protect prevention activities should provide a Urban Development Act of 1965; or occupants of HUD-assisted housing and comprehensive drug prevention (c) Any development receiving the areas around the housing, the civil approach that will address the project-based assistance under Section 8 rights of all citizens must be protected. individual resident and his or her of the United States Housing Act of Your proposed strategies should be relationship to family, peers, and the 1937. This includes Section 202, developed to ensure that crime-fighting community. Prevention activities Section 515, State Housing Finance and drug prevention activities are not should identify and change the Agency, Moderate Rehabilitation, undertaken in such a manner that civil conditions in federally assisted low- Section 8 New Construction and rights or fair housing statutes are income housing that lead to drug-related Substantial Rehabilitation, 221(d)(3), violated. You may not use race, color, problems and lower the risk of drug 221(d)(4), and 236 developments. sex, religion, national origin, disability, usage. Many components of a (2) If you are a management agent, or familial status to profile persons as comprehensive approach, such as you may prepare applications and sign suspects or otherwise target them in refusal and restraint skills training or application documents if you provide conducting these activities. In addition, drug-related family counseling, may written authorization from the owner as all segments of the population should be already be available in your community. part of your application. represented in developing and Your plan should include bringing (3) If your eligibility status changes implementing your crime-fighting program components already available during the course of the grant term, strategies. in the community onto the premises. making you ineligible to receive a grant (1) Physical Improvements To Proposed activities may include the (e.g. due to prepayment of mortgage, Enhance Security. All physical following: sale of property, or opting out of a improvements must be accessible to (i) Drug Education Opportunities for Section 8 Housing Assistance Payment persons with disabilities and must meet Residents. Activities should provide (HAP) contract), HUD has the right to the accessibility requirements of 24 CFR both young people and adults with the terminate your grant. part 8, Nondiscrimination Based on working knowledge and skills needed to (4) To be eligible, developments must Handicap in Federally Assisted avoid the potential and immediate also meet the following criteria: Programs and Activities of the dangers of illegal drugs. You may (a) Are current in mortgage payments Department of Housing and Urban contract (in accordance with 24 CFR or are current under a workout Development. In addition, such physical 85.36) with drug education agreement; improvements must support or enhance professionals to provide training or (b) Meet HUD’s Uniform Physical visitability for people with mobility workshops. Contracted drug education Conditions Standards (codified in 24 impairments. services must reflect or be tied to your CFR part 5, subpart G), based on the Your physical improvements may program plan. most recent physical inspection report include systems to limit building access (ii) Family and Other Support and responses thereto, as evidenced by to development residents; installation of Services. Prevention programs should be a score of 60 or better or an approved barriers, lighting systems, fences, bolts, designed to help foster successful family plan for developments scoring less than locks; landscaping or reconfiguration of relationships that may inhibit or reduce 60, and common areas to discourage drug- drug use. Examples of services include (C) Are in compliance with your related crime; or other physical parenting skills workshops, short-term regulatory agreement, HAP Contract, improvements that enhance security family counseling, child care, or family, and other outstanding directives. and discourage drug-related activities. cultural or educational programs. You

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00364 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9685 may provide these programs directly or your Single State Agency (or State in any administrative or judicial refer residents to such services already license provider or authority with drug proceeding; available in your community. program coordination responsibilities in (7) Treatment of residents at any in- (iii) Youth Services. If you propose your State) to coordinate, develop, and patient medical treatment programs or drug prevention services in your plan implement your drug treatment facilities; and your development has a substantial program. In particular, you and the (8) Detoxification procedures number of young residents, HUD appropriate agency must confirm that designed to reduce or eliminate the strongly encourages you to include your proposed drug treatment presence of toxic substances in body youth in your prevention programs. provider(s) has provided these services tissues of a patient; Your proposed prevention activities for to similar populations for two prior (9) Maintenance drug programs; youth must involve the active years and your drug treatment program [Maintenance drugs are medications participation of youth in planning is consistent with the State treatment that are prescribed regularly for a long programs and service delivery. Such plan, meeting all State licensing period of supportive therapy (e.g., youth-oriented drug prevention requirements. Services eligible for methadone maintenance), rather than programs may include youth leadership funding may include: for immediate control of a disorder.] skills training; events incorporating (i) Drug treatment supportive services (10) Programs to treat alcoholism; and dissemination of drug education designed for youth and/or maternal drug (11) Funding of police informants information; and sports, recreational, abusers. Examples of services are: who provide information about drug- cultural, and general education prenatal/postpartum care; specialized related activity. activities. counseling for women; or, parenting IV. Program Requirements (iv) Economic/Educational classes. You are encouraged to draw Opportunities. Eligible economic or upon approaches that have proven In addition to the requirements listed educational programs should have the effective with similar populations. in Section II of the General Section of objectives of assisting residents in (ii) Formal referral arrangements to this SuperNOFA, you must also meet improving their educational status, treatment programs not in and around the additional requirements in Section vocational and job readiness skills, and the development when treatment costs IV of this program section of the opportunities for obtaining from sources other than this program are SuperNOFA. These requirements apply employment. The ultimate goal of available. to all activities, programs, and functions services should be to assist residents in (iii) Transportation for residents to used to plan, budget, and evaluate the obtaining suitable lifelong employment out-patient treatment and/or support work funded under your program. and self-sufficiency to deter drug use, programs. (A) Administrative Costs. abuse, and related crime. (iv) Family/collateral counseling. Administrative costs cannot exceed (b) Intervention. The aim of (v) Linking programs with 10% of your proposed program’s total intervention is to provide residents with educational/vocational counseling. cost. HUD will look more favorably substance abuse/dependency remission (vi) Coordinating services with upon proposals that target grant funds to services to assist them in modifying appropriate local drug agencies, HIV- hard program costs and propose their behavior; obtaining early treatment related service agencies, and mental minimal, if any, administrative and structured aftercare; and health and public health programs. expenses. maintaining remission. Your program (D) Ineligible Activities. The following (B) Term of Funded Activities. Your should also be designed to prevent drug activities are not eligible for funding: grant term cannot exceed twelve problems from continuing once (1) Hiring of, or contracting for, months. detected. If you propose any employment of security guards to (C) Multiple Developments. There is intervention program that seeks to provide security services in and around no limit to the number of developments accomplish the above objectives, you the development. that can be included in your must describe how you expect the (2) Any activity or improvement that application. However, if you include activities to assist residents in reducing is normally funded from project more than one development in your or ceasing their use of illicit drugs and operating revenues for routine application, all developments must be involvement in drug-related crime. maintenance or repairs, or those eligible and located in the same Field (c) Drug Treatment. If your program activities or improvements that may be Office jurisdiction. In addition, you provides treatment services, they must funded through reasonable and must demonstrate in your response to be targeted to the development and its affordable rent increases; Rating Factor 3 ‘‘Soundness of residents. Your program should be (3) The acquisition of real property or Approach—(Quality of the Plan)’’ that conducted in and around the premises those physical improvements that your program will be feasible to of the development, or residents must involve the demolition of any units in implement among all proposed be referred to receive treatment from your development or displacement of developments. other available sources within the tenants; (D) Subgrants and Subcontracting. community. You may include (4) Costs incurred prior to the You may directly undertake or implementing new drug referral effective date of your grant agreement, subcontract for any of the eligible treatment or aftercare services, or including consultant fees for surveys activities under this Multifamily Drug improve or expand currently available related to your application or its Elimination Program section of the services. Your proposed drug treatment preparation; SuperNOFA. Resident groups that are program should aim to reduce illicit (5) Reimbursement of local law not incorporated may work with you in drug use among residents by increasing enforcement agencies for additional the implementation of your program, resident accessibility to, and effective security and protective services; but may not receive funds as participation in, drug treatment (6) Employment of one or more subgrantees. activities, and decreasing criminal individuals to investigate drug-related (E) Collection of Crime Data. If you activity in and around your crime in and around federally-assisted receive a grant, you will be required to development. Your proposed plan must low-income developments and/or to collect and report on Parts I and II crime demonstrate a working partnership with provide evidence relating to such crime data. Parts I and II crime data are

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00365 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9686 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices defined by the Uniform Crime Reporting receive a score equal to or greater than reporting requirements. Your narrative (UCR) System (see Rating Factor 2, the minimum score of 70 without bonus should not exceed five pages. paragraph (1)(d)). points to be considered for funding. (b) HUD’s evaluation approach. (i) For (F) Forms, Certifications and This year’s revised process balances a Public Housing Authorities (PHAs) and Assurances. See the General Section of geographic distribution with a process the SuperNOFA for the applicable tribally designated housing entities that gives priority to the most highly (TDHEs) that had previously applied as forms, certifications and assurances that rated applications. Your application IHAs, HUD will also consider such you must submit. This includes a will primarily compete for funding with measurements as the uniform crime certification that you are in compliance other applications submitted within that index, physical inspections, agency with Federal Civil Rights laws, as same Hub Office jurisdiction. monitoring of records, Line of Credit specified in Section II(G)(7) of the (C) Procedure to Resolve Tied Scores. General Section of this SuperNOFA. If two or more applications have the Control System (LOCCS) Reports, audit (G) Affirmatively Furthering Fair same score and there are insufficient and such other relevant information Housing. You must comply with Section funds to fund all of them, the available to HUD on the capacity of the II(D) of the General Section of this application with the highest score for owner or manager to administer the SuperNOFA. the Soundness of Approach rating factor grant. V. Application Selection Process shall be selected for funding. If a tie still (ii) For owners of federally-assisted (A) Rating and Ranking. All remains, the application with the low income housing, HUD will also applications will be evaluated highest score for the Capacity of the consider the most recent Management competitively and ranked against Applicant and Relevant Organizational Review (including Rural Housing applications in the same Field Office. Experience rating factor shall be Management Review), HUD’s Uniform The maximum number of points for selected. Further tied applications will Physical Conditions Standards review, this program is 102. This includes two be selected by their scores in the Need/ State Agency review, physical Empowerment Zone/Enterprise Extent of Problem, Leveraging inspection, and other relevant Community (EZ/EC) bonus points, as Resources, and Comprehensiveness and information available to HUD on the described in the General Section of the Coordination rating factors, in that capacity of the owner and manager to SuperNOFA. For bonus points related to order. If the applications received the undertake the grant. activities located in Empowerment same score for each of the five factors, the Multifamily Hub Office or (2) (Deduct up to 5 points for prior Zones or Enterprise Communities, you poor performance) Your performance in must demonstrate that there is a Headquarters will break the remaining administering Drug Elimination funding connection between such EZ or EC and tie by selecting the application whose in the previous 5 years. HUD will tenant, local government, and local developments(s) are in most financial consider your participation in HUD community support and participation in need based on a per unit negative cash the design and implementation of the flow analysis of the most recent Annual grant programs within the preceding proposed activities to be funded under Financial Statement (AFS). five years and evaluate the degree of this program. (D) Factors for Award Used to your success in implementing and (B) Distribution of Funds. This year Evaluate and Rate Applications. The managing these grant programs. HUD HUD will distribute funds to each five factors in this section total 100 will look at program implementation, Multifamily Housing Hub Office, in points. An application must receive a timely drawdown of funds, timely proportion to the number of eligible score of at least 70 points to be eligible submission of required reports with developments in that area. Each for funding under this competition. satisfactory outcomes related to the plan Multifamily Hub Office may Each application submitted will be and timetable, audit compliance, recommend a total number of awards up evaluated using the following selection whether there are any unresolved to the dollar amount allocated for the criteria set forth below. findings from prior HUD reports (e.g., area covered by the Hub Office. Hub Rating Factor 1: Capacity of the performance or finance) reviews of Offices will receive the scores from each Applicant and Relevant Organizational audits undertaken by HUD, the Office of HUD Field Office which has received, Experience (20 Points) Inspector General, the General rated, and ranked its applications. Accounting Office or independent The Hub Offices will conduct the This factor addresses the extent to public accountants). selection process as follows: Where a which you have organizational For PHAs, your past experience will Multifamily Hub covers more than one resources necessary to successfully be evaluated in terms of your ability to Field Office jurisdiction, the Hub Office implement your proposed activities in a attain demonstrated measurable will first select the highest ranked timely manner. In rating this factor, application in each Field Office for HUD will consider the extent to which progress in tracking drug related crime, funding. After this selection, the Hub you demonstrate the capabilities enforcement of screening and lease will use remaining funds to fully fund described below. procedures in implementation of the as many applications as possible in rank (1) (20 points) Administrative ‘‘One Strike and You’re Out Initiative’’ order, regardless of Field Office. Hub Capacity. (as applicable), the extent to which you Offices representing only one Field (a) The knowledge and experience of have formed a collaboration with Tribal, Office shall use their distribution of your staff and your administrative State and local law enforcement funds to fully fund in rank order as capacity to manage grants, including agencies and courts to gain access to many applications as possible. Any administrative support functions, criminal conviction records of potential funds still remaining after the Hub procurement, lines of authority, and tenants to determine their suitability for Office distribution by rank will be fiscal management capacity. Your residence in public housing. Such data forwarded to Headquarters, which shall narrative must include a discussion of will be measured and evaluated based make awards to fund as many remaining financial capacity, staff resources, and on your Public Housing Management applications as possible by national prior experience that will enable you to Assessment Program (PHMAP) score (24 rank order. All applications must effectively administer a grant and meet CFR part 901).

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00366 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9687

Rating Factor 2: Need/Extent of the targeted development and surrounding why the objective data mentioned above Problem (25 Points) area; is not available, and (ii) The number of lease terminations This factor addresses the extent to (ii) A narrative explanation of the or evictions for drug-related crime at the which there is a need for funding your reasons why objective data could not be targeted development; and proposed program activities to address a (iii) The number of emergency room obtained, what efforts were made to documented problem in the target area admissions for drug use or that result obtain it, and what efforts will be made (i.e., the degree of the severity of the from drug-related crime. Such (if possible) during the grant period to drug-related crime problem in the information may be obtained from begin obtaining the data. Such data may development(s) proposed for funding). police Departments and/or fire include the following: In responding to this factor, HUD will departments, emergency medical service —Surveys of residents and staff in the evaluate your application based on the agencies and hospitals. The number of extent to which a critical level of need targeted development surveyed on police calls for service from your drug-related crime or on-site reviews for your proposed activities is explained development that include resident and you provide a justification for the to determine drug/crime activity; and initiated calls, officer-initiated calls, government or scholarly studies or urgency of meeting the need in your domestic violence calls, drug other research in the past year that development(s) and the area around distribution complaints, found drug analyze drug-related crime activity in your development(s). Your application paraphernalia, gang activity, graffiti that must include a description of the extent reflects drugs or gang-related activity, your targeted development. and nature of drug-related crime ‘‘in and vandalism, drug arrests, and abandoned —Vandalism cost at your targeted around’’ the housing units or vehicles. development, to include elevator development(s) you propose for (iv) To the extent possible, you should vandalism (where appropriate) and funding. obtain statistics on Part I and Part II other vandalism attributable to drug- (1) Drug-Related Crime Statistics. (23 crimes, as defined by the Uniform Crime related crime. Points) You will receive up to 23 points Reporting (UCR) System. Part 1 crimes —Information from schools, health for this factor if your statistics and include: criminal homicide, forcible service providers, residents and explanation of need establish critical rape, robbery, aggravated assault two crime problems and an urgency to (including domestic violence through Federal, State, local, and Tribal address these problems in and around use of a weapon or by means likely to officials, and the verifiable opinions your development(s). To receive the produce death or great bodily harm), and observations of individuals maximum number of points, you must burglary-breaking or entering, larceny- having direct knowledge of drug- provide statistics for both the premises theft (except motor vehicle theft), motor related crime, and the nature and of your development(s) and the smallest vehicle theft, and arson. Part II crimes frequency of these problems in your geographic area surrounding your include: assaults, forgery and development proposed for assistance. development(s) for which objective counterfeiting, fraud, embezzlement, (These individuals may include statistics are available in your vandalism, weapons (carrying or Federal, State, Tribal, and local community, town, or city. If you use possessing), prostitution and government law enforcement officials, statistics from institutions (e.g., commercialized vice, sex offenses resident or community leaders, school hospitals or schools), the institutions (except forcible rape, prostitution, and officials, community medical officials, must directly serve the residents of the commercialized vice), drug abuse substance abuse, treatment targeted development(s). If the statistics violations, gambling, offenses against (dependency/remission) or counseling you provide do not indicate a critical the family and children, driving under professionals, or other social service need, urgency to meet this need, or you the influence, violation of liquor laws, providers.) do not provide statistics that document drunkenness, disorderly conduct, —The school dropout rate and level of the need within your development(s) or vagrancy, all other offenses related to absenteeism for youth that you can the area around your development(s), curfew and loitering laws and relate to drug-related crime. you will not receive the maximum runaways. number of points. If you do not submit For PHAs, such data should include —To the extent that the community’s the letter or documentation for the housing authority police records on the Consolidated Plan identifies the level ‘‘non-objective’’ data, indicated in types and sources of drug related crime of the drug abuse and related crime paragraph 2(a), below, you will also ‘‘in and around’’ developments as problems in and around your targeted receive fewer points. reflected in crime statistics or other development, and the urgency in The statistics and information you supporting data from Federal, State, meeting the need, references to these provide must include the following: Tribal, or local law enforcement documents should be included in (a) ‘‘Objective Crime Data’’ relevant to agencies. your response. You will receive more the target area. Such data should consist (b) Other Crime Data. If you are points if you use these documents to of verifiable records and not anecdotal unable to attain objective crime identify need. reports. Where appropriate, the statistics statistics as mentioned above, you may should be reported both in real numbers submit other supporting, verifiable data (2) Development Need Based on Prior and as an annual percentage of the on the extent of drug-related crime in Award. (2 points) If you have not residents in each development (e.g., 20 the target area. If you submit other received an award for the arrests in a one-year period for relevant information in place of development(s) submitted in your FY distribution of heroin in a development objective data, you must provide the 2000 application in the FY 1997, 1998, with 100 residents reflects a 20% following to receive the maximum or 1999 competitions, you will receive occurrence rate). Such data may number of points: two points. If you submit an application include: (i) A letter or supporting with multiple developments and one or (i) Police records or other verifiable documentation from your local law more developments did not receive an information from records on the types or enforcement agency or another relevant award in FY 1997, 1998, or 1999, you sources of drug related crime in the neighborhood organization explaining will receive one point.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00367 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9688 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Rating Factor 3: Soundness of subcontract will reflect the objectives of development, crime pattern over a Approach—(Quality of the Plan) (35 your program plan; period of time by type of crime, and Points) (c) A specific explanation of how you plans to improve data collection and plan to incorporate the active This factor addresses the quality and reporting. Your proposed analysis of the participation of youth in planning effectiveness of your proposed work data collected must include a method prevention programs and services plan. In rating this factor, HUD will for assessing the impact of activities on targeted to their needs; and consider the impact of your proposed the collected crime statistics throughout (d) If you propose drug treatment your award period. The results of your activities and the tangible benefits that activities, you must provide a letter can be attained by the community and activities and the effect on statistics is from your Single State Agency (or State of much greater importance than the by the target population. Your license provider or authority with drug application must include a detailed method you will use to collect such program coordination responsibilities in data, so you should pay attention to the narrative describing each proposed your State) that states that your program activity for crime reduction and benchmarks you establish for measuring is effectively coordinating, developing, and evaluating your performance, elimination efforts for each and implementing drug treatment development proposed for assistance, particularly measuring changes in crime programs in partnership with that rates by Part I and Part II crime data. the amount and extent of resources entity. committed to each activity or service (2) (10 points) The anticipated (5) (1 point deducted if not proposed, and process used to collect, effectiveness of your plan and proposed addressed) The extent to which your maintain, analyze and report Part I and activities in reducing or eliminating program to eliminate crime in your II crimes as defined by the Uniform drug-related crime problems development or neighborhood will Crime Reporting (UCR System, as well immediately and over an extended expand fair housing choice and will as police workload data. period. This should include the affirmatively further fair housing. In evaluating this factor, HUD will following: Provide a brief statement outlining the consider the following: (a) A description of established benchmarks you will use to measure (1) (14 points) Your plan’s approach performance goals for the results to be your success in affirmatively furthering to address the drug-related crime achieved during the period of your fair housing through this program. This problem and associated problems in the grant. The goals must be objective, may include such items as making development proposed for funding, the quantifiable, and measurable, and they physical improvements accessible to resources allocated, and the extent to must be outcome or result-oriented. persons with disabilities, lower vacancy which your proposed activities are Outcomes include accomplishments, and turnover rates and increased new targeted to residents, provide for results, impact and the ultimate effects applications for housing in your linkages with existing community of the program on the drug or crime development and in other rental resources, and are likely to have long problem in the target/development area. properties in your neighborhood, new term impacts on reducing drug use and (b) An explanation of how your businesses and other community drug-related crime in and around your proposed activities enhance and are development initiatives in your area, or targeted development. Also, you must coordinated with on going or proposed increased rates of homeownership in include the rationale for the proposed programs sponsored by HUD, such as your community. activities and methods to be used in Neighborhood Networks, Campus of developing your program and approach Learners, Operation Safe Home, ‘‘One (6) (5 points) Resident Support. The to reducing drug-related crime and drug Strike and You’re Out’’, Department of extent to which you have sought the abuse. If you propose drug prevention or Justice Weed and Seed efforts, or any support of residents in planning and intervention activities, these services other prevention/intervention/treatment implementing the proposed activities. must constitute a continuing and activities in your community. Explain (a) You must provide evidence that comprehensive approach to deter drug the specific steps you will take to share you actively sought comments, use or abuse among your residents and and coordinate information on solutions suggestions, and support from residents their neighbors. Your proposal must and outcomes with other law- for your proposed plan. State the steps demonstrate how your activities work enforcement and governmental you took to obtain this information and together with other on-going activities agencies, and a description of any support. Demonstrate that you made in the community and how these written agreements in place or that will your proposed plan available and that activities rely upon each other to form be put in place by you with these you requested comments in the a holistic plan. Your plan must include entities. language(s) of the tenants residing in the following items. If these are not (3) (3 points) Evidence and your development(s). included, you will receive fewer points explanation of how proposed activities (b) Describe and provide written under this subfactor: have been effective in similar documentation of these comments, (a) An explanation of how any circumstances in controlling drug- suggestions, and support. HUD needs proposed physical improvements, related crime. If you are proposing new clear evidence that the residents agree services, and training programs will be methods for which there is limited with, support, and will work with your accessible and visitable to persons with knowledge of effectiveness, you should proposed program. If applicable, you disabilities and a statement that they provide the basis for modifying past must explain why you do not have will meet the accessibility requirements practices and rationale for why you written documentation of such support of 24 CFR part 8, Nondiscrimination believe the modification will yield more or did not receive any comments or Based on Handicap in Federally effective results. Assisted Programs and Activities of the (4) (3 points) The process you will use suggestions. Department of Housing and Urban to maintain, analyze, and report Part I (c) Describe how residents will be Development; and II crimes, as well as police involved in implementing your (b) A discussion of how any drug workload data. Police workload data program. If involvement would be education services that you propose to may include, but are not limited to: all minimal or not appropriate, please state undertake directly or through a calls for service by residents of your and explain why.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00368 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9689

Rating Factor 4: Leveraging Community those covered by the Consolidated Plan; (10) Certification of Consistency and Resources (10 Points) and/or other Federal, State, or locally Compliance with the General Section of To receive points under this rating funded activities, including those the SuperNOFA Threshold factor, you must provide evidence of the proposed or on-going in the community. Requirements. level and type of participation and (3) (1 point) Explain specific steps (11) Form HUD–2993— support by the local government or law you have taken or will take to become Acknowledgment of Application enforcement agency for your proposed active in your community’s Receipt. Consolidated Planning process activities. This should include the level Other Application Items (including the Analysis of Impediments of assistance received from local (1) Application Cover Letter that government, community organizations, to Fair Housing Choice) established to identify and address a need/problem outlines and explains the application and/or law enforcement agencies. If a structure; includes the name of a contact community organization is providing that is related to the activities you propose. person and a number where he/she can you with staff or supporting services, be reached, and provides any other you must include a letter from each VI. Application Submission information you feel would assist HUD organization providing staff or support Requirements in reviewing your application. in order to receive maximum points. (A) There is no limit to the number of (2) Applicant Data Input Form. Each letter must specify what type of developments per application. However, (3) Abstract of Proposed Program, participation or contributions the all developments in one application consisting of one paragraph which organization will make to your program. must be eligible and located in the same summarizes your proposed program. Such letters must be from businesses, Field Office jurisdiction. You must (4) Rating Factor 1 Narrative. A non-profit or public agencies within demonstrate in Rating Factor 3 narrative, not to exceed five pages, your unit of general local government ‘‘Soundness of Approach—(Quality of which includes a discussion of your (i.e. county, town, city) or incorporated the Plan)’’ that your program will be organization’s financial capacity, staff resident organizations. Letters stating feasible to implement among all resources, and prior experience that will general support or from people or proposed developments. In addition, enable you to effectively administer a organizations not in and around your you must provide pertinent information grant and meet reporting requirements. development are not relevant and you for each Rating Factor for each proposed (5) Rating Factor 2 Narrative and should not include them in your development. Statistics. The narrative and data must application. (B) Your application must contain the describe critical level of need for your Rating Factor 5: Comprehensiveness items listed in this Section V(B). These proposed activities and a justification and Coordination (10 Points) items include the standard forms, for the urgency of meeting the need in certifications, and assurances listed in your development(s) and the area This factor addresses the extent to the General Section of the SuperNOFA around your development(s). The which you coordinate your activities that are applicable to this funding description must indicate the extent and with other known organizations, (collectively, referred to as the nature of drug-related crime. participate or promote participation in ‘‘standard forms’’). The standard forms (a) ‘‘Objective Crime Data’’ (i.e. your community’s Consolidated can be found in Appendix B to the statistics and other information) Planning process, and are working General Section of the SuperNOFA. The relevant to the target area, or towards addressing a need in a holistic remaining application items that are (b) Other supporting, verifiable data and comprehensive manner through forms (i.e., excluding such items as on the extent of drug-related crime in linkages with other activities in the narratives, letters), referred to as the the target area. If you submit other community. ‘‘non-standard forms’’ can be found as relevant information in place of In evaluating this factor, HUD will Appendix B to this program section of objective data, you must also provide consider your prior efforts and future the SuperNOFA: The items are as the following: plans to coordinate with other local follows: (i) A letter or supporting agencies and organizations as follows: documentation from your local law (1) (3 points) Describe past efforts to Standard Forms enforcement agency or another relevant coordinate your proposed activities with (1) Standard Form 424—Application neighborhood organization explaining those of other groups or organizations for Federal Assistance and Standard. why objective data are not available, prior to submission of your application (2) Form HUD–424M—Federal and in order to best complement, support, Assistance Funding Matrix. (ii) A narrative explanation of the and coordinate all known activities. (3) Standard Form 424A—Budget reasons why objective data could not be Explain what specific steps you will Information with Budget Narrative(s) obtained, what efforts were made to take to share information on solutions and Supporting Documentation. obtain them, and what efforts will be and outcomes with others. Please (4) Standard Form 424B— made (if possible) during the grant describe any written agreements or Assurances—Non-Construction period to begin obtaining the data. memoranda of understanding that are or Programs. (6) Rating Factor 3 Narrative. A will be in place after award. (5) Form HUD–2880—Applicant/ narrative describing your plan’s (2) (6 points) Explain what specific Recipient Disclosure/Update Report. approach to address the drug-related steps you have taken or will take to (6) Form HUD–50070—Drug Free crime problem and associated problems develop linkages or coordinate Workplace Certification. in the development proposed for comprehensive solutions through (7) Standard Form-LLL—Disclosure of funding. The narrative must include: meetings, information networks, Lobbying Activities Certification (if (a) An explanation of the anticipated planning processes, or other applicable). effectiveness of your plan and proposed mechanisms. Explain your past efforts (8) Form HUD–2992—Debarment and activities in reducing or eliminating or planned efforts for involvement with Suspension Certification. drug-related crime problems such programs or other HUD-funded (9) Form HUD–2994—Client immediately and over an extended projects/activities outside the scope of Comments and Suggestions. period.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00369 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9690 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(b) Evidence and explanation of how (b)(12), or (b)(13). If grant funds will be 19th floor, Hartford, CT 06103–3220, OFC proposed activities have been effective used to cover the cost of any non- Phone: (860) 240–4800 Ext. 3068, FAX: in similar circumstances in controlling exempt activities, HUD will perform an (860) 240–4850 drug-related crime. environmental review to the extent DELAWARE (c) A description of the process you required by 24 CFR part 50, prior to will use to maintain, analyze, and report grant award. Multifamily Housing Hub, HUD Philadelphia Part I and II crimes, as well as police Office, The Wanamaker Building, 100 Penn VIII. Authority workload data. Square, East, Philadelphia, PA 19107– (d) An explanation of the extent to This program is authorized under 3380, OFC Phone: (215) 656–0609 Ext. which your program to eliminate crime Chapter 2, subtitle C, title V of the Anti- 3533, FAX: (215) 656–3427 in your development or neighborhood Drug Abuse Act of 1988 (42 U.S.C. DISTRICT OF COLUMBIA 11901 et seq.), as amended by section will expand fair housing choice and will Multifamily Housing Program Center, HUD 581 of the National Affordable Housing affirmatively further fair housing. Washington, DC Office, Suite 300, 820 First (e) Evidence that you actively sought Act of 1990 (Pub. L. 102–550) and Street, N.E., Washington, DC 20002–4205, section 161 of the Housing and comments, suggestions, and support OFC Phone: (202) 275–9200, FAX: (202) from residents for your proposed plan. Community Development Act of 1992, 275–9212 Provide written documentation of these (Pub. L. 102–550), and further amended comments, suggestions, and support. If by Title V, Subtitle F, section 586 of the FLORIDA applicable, you must explain why you Fiscal Year 1999 HUD Appropriations Multifamily Housing Hub, HUD— do not have written documentation of Act (Pub. L. 105–276, approved October Jacksonville Office 301 West Bay Street, such support or did not receive any 21, 1998). The regulations for the Suite 2200, Jacksonville, FL 32202–5121, comments or suggestions. Describe how program are found in 24 CFR part 761, OFC Phone: (904) 232–1777 x2144, FAX: residents will be involved in Drug Elimination Programs. (904) 232–2731 implementing your program. APPENDIX A—HUD FIELD OFFICE LIST GEORGIA (f) Drug Treatment Program FOR MULTIFAMILY HOUSING Certification (if applicable). Multifamily Housing Hub, HUD—Atlanta (7) Rating Factor 4 Narrative and ALABAMA Office, Five Points Plaza Building, 40 Letters. The narrative and letters must Multifamily Housing Program Center, HUD— Marietta Street, S.W., Atlanta, Georgia provide evidence of the specific type of Birmingham Office, 600 Beacon Parkway 30303–2806, OFC Phone: (404) 331–4976, participation, assistance, or other West, Rm. 300, Birmingham, AL 35209– FAX: (404) 331–4028 3144, OFC Phone: (205) 290–7611, FAX: support received from local government, HAWAII community organizations, and/or law (205) 290–7632 Multifamily Housing Program Center, HUD enforcement agencies for your proposed ALASKA Honolulu Office 7 Waterfront Plaza, 500 activities. If a community organization Multifamily Housing Hub, HUD Seattle Ala Moana Blvd. #500, Honolulu, HI is providing you with staff or supporting Office, 909 First Avenue, Suite 190, MS– 96813–4918, OFC Phone: (808) 522–8185 OAHM, Seattle, WA 98104–1000, OFC services, you must include a letter from Ext. 244, FAX: (808) 522–8194 each organization providing staff or Phone: (206) 220–5228 ext. 3250, FAX: support. (206) 220–5206 IDAHO (8) Rating Factor 5 Narrative. The ARIZONA Multifamily Housing Hub, HUD Seattle narrative must describe your past efforts Multifamily Housing Program Center, HUD Office, 909 First Avenue, Suite 190, MS– to coordinate your proposed activities Phoenix Office, 400 North Fifth Street, OAHM, Seattle, WA 98104–1000, OFC with those of other groups or Suite 1600, Phoenix, AZ 85004–2361, OFC Phone: (206) 220–5228 ext. 3250, FAX: organizations prior to submission of Phone: (602) 379–4434, FAX: (602) 379– (206) 220–5206 your application. The narrative must 3985 ILLINOIS include: ARKANSAS (a) An explanation of the specific Multifamily Housing Hub, HUD—Chicago Multifamily Housing Program Center, HUD steps you have taken or will take to Office, Ralph Metcalfe Federal Building, 77 Little Rock Office, 425 West Capitol West Jackson Boulevard, Chicago, IL develop linkages or coordinate Avenue #900, Little Rock, AR 72201–3488, 60604–3507, OFC Phone: (312) 353–6236 comprehensive solutions through OFC Phone: (501) 324–5401, FAX: (501) meetings, information networks, 324–6142, Ext. 2202, FAX: (312) 886–2729 planning processes, or other CALIFORNIA INDIANA mechanisms. Explain your past efforts Multifamily Housing Program Center, HUD or planned efforts for involvement with Multifamily Housing Hub, HUD—San Indianapolis Office, 151 North Delaware relevant community activities. Francisco Office, 450 Golden Gate Avenue, PO Box 36003, San Francisco, CA 94102– Street, Suite 1200, Indianapolis, IN 46204– (b) An explanation of the specific 3448, OFC Phone: (415) 436–6505, FAX: 2526, OFC Phone: (317) 226–6303, FAX: steps you have taken or will take to (415) 436–8996 (317) 226–7308 become active in your community’s Los Angeles Multifamily Hub, 611 West Consolidated Planning process. Sixth Street, Suite 800, Los Angeles, CA IOWA 90017, OFC Phone: (213) 894–8000 x 3634, Multifamily Housing Program Center, HUD VI. Corrections to Deficient Fax: (213) 894–8255, Applications Des Moines Office, 210 Walnut Street, COLORADO Room 239, Des Moines, IA 50309–2155, The General Section of the OFC Phone: (515) 284–4736, FAX: (515) Multifamily Housing Hub, HUD Denver SuperNOFA provides the procedures for 284–4743 corrections to deficient applications. Office, 633 17th Street, 11th Floor, Denver, CO 80202–3607, OFC Phone: (303) 672– KANSAS VII. Environmental Requirements 5343, FAX: (303) 672–5153 Multifamily Housing Hub, HUD Kansas City It is anticipated that most activities CONNECTICUT Office 400 State Avenue, Room 200, under this program are categorically Multifamily Housing Program Center, HUD— Kansas City, KS 66101–2406, OFC Phone: excluded under 24 CFR 50.19 (b)(4), Hartford Office, One Corporate Center, (913) 551–6844, FAX: (913) 551–5469

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00370 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9691

KENTUCKY NEBRASKA Suite 400, Oklahoma City, OK 73102–2233, Multifamily Housing Program Center, HUD— Multifamily Housing Program Center, HUD OFC Phone: (405) 553–7410, FAX: (405) Louisville Office, 601 West Broadway, PO Omaha Office, 10909 Mill Valley Road, 553–7406 Box 1044, Louisville, KY 40201–1044, OFC Suite 100, Omaha, NE 68154–3955, OFC OREGON Phone: (402) 492–3113, FAX: (402) 492– Phone: (502) 582–6124, FAX: (502) 582– Multifamily Housing Hub, HUD Seattle 3184 6547 Office, 909 First Avenue, Suite 190, MS– LOUISIANA NEVADA OAHM, Seattle, WA 98104–1000, OFC Multifamily Housing Program Center, HUD Phone: (206) 220–5228 ext. 3250, FAX: Multifamily Housing Program Center, HUD (206) 220–5206 New Orleans Office, Hale Boggs Bldg.—501 Las Vegas Office, 333 N. Rancho Drive— Magazine Street, 9th Floor, New Orleans, Atrium Bldg. Suite 700, Las Vegas, NV PENNSYLVANIA LA 70130–3099, OFC Phone: (504) 589– 89106–3714, OFC Phone: (702) 388–6525, Multifamily Housing Hub, HUD Philadelphia 7236, FAX: (504) 589–6834 FAX: (702) 388–6244 Office, The Wanamaker Building, 100 Penn MAINE NEW HAMPSHIRE Square, East, Philadelphia, PA 19107– 3380, OFC Phone: (215) 656–0609 Ext. Multifamily Housing Program Center, HUD— Multifamily Housing Program Center, HUD— 3533, FAX: (215) 656–3427 Manchester Office, Norris Cotton Federal Manchester Office, Norris Cotton Federal Multifamily Housing Program Center, HUD Bldg., 275 Chestnut Street, Manchester, NH Bldg., 275 Chestnut Street, Manchester, NH Pittsburgh Office, 339 Sixth Avenue—Sixth 03101–2487, OFC Phone: (603) 666–7684, 03101–2487, OFC Phone: (603) 666–7684, Floor, Pittsburgh, PA 15222–2515, OFC FAX: (603) 666–7697 FAX: (603) 666–7697 Phone: (412) 644–6639, FAX: (412) 644– 5872 MARYLAND NEW JERSEY Multifamily Housing Hub, HUD Baltimore Multifamily Housing Program Center, HUD— PUERTO RICO Office, 5th Floor 10 South Howard Street, Newark Office—13th Floor, One Newark Multifamily Housing Program Center, HUD Center, Newark, NJ 07102–5260, OFC Baltimore, MD 21201–2505, OFC Phone: Caribbean Office, 171 Carlos E. Chardon Phone: (973) 622–7900 Ext. 3400, FAX: (410) 962–2520 Ext. 3474, FAX: (410) 962– Avenue, San Juan, PR 00918–0903, OFC (973) 645–2271 1849 Phone: (787) 766–5401, FAX: (787) 766– NEW MEXICO 5522 MASSACHUSETTS Multifamily Housing Hub, HUD Ft. Worth RHODE ISLAND Multifamily Housing Hub, HUD—Boston Office, 801 Cherry Street, PO Box 2905, Ft. Office, O’Neil Federal Building, 10 Multifamily Housing Program Center, HUD— Worth, TX 76102–2905, OFC Phone: (817) Providence Office, 10 Weybosset Street, Causeway Street, Rm. 375, Boston, MA 978–5764, FAX: (817) 978–5520 02222–1092, OFC Phone: (617) 565–5162, Sixth Floor, Providence, RI 02903–2808, FAX: (617) 565–6557 NEW YORK OFC Phone: (401) 528–5230, FAX: (401) 528–5097 MICHIGAN Multifamily Housing Hub, HUD—New York Office, 26 Federal Plaza—Room 3214, New SOUTH CAROLINA Multifamily Housing Hub, HUD Detroit York, NY 10278–0068, OFC Phone: (212) Office, 477 Michigan Avenue, Detroit, MI Multifamily Housing Program Center, HUD 264–0777 Ext. 3713, FAX: (212) 264–1277 Columbia Office, 1835 Assembly Street, 48226–2592, OFC Phone: (313) 226–7900, Multifamily Housing Hub, HUD—Buffalo Columbia, SC 29201–2480, OFC Phone: FAX: (313) 226–5611, Office, Lafayette Court, 5th Floor, 465 Main (803) 765–5162, FAX: (803) 253–3043 Multifamily Housing Program Center, HUD Street, Buffalo, NY 14203–1780, OFC Grand Rapids, Trade Center Building, 50 Phone: (716) 551–5755 Ext. 5509, FAX: SOUTH DAKOTA Louis Street, N.W., Grand Rapids, MI (716) 551–3252 Multifamily Housing Hub, HUD Denver 49503–2648, OFC Phone: (616) 456–2100, NORTH CAROLINA Office, 633 17th Street, 14th Floor, Denver, FAX: (616) 456–2191 CO 80202–3607, OFC Phone: (303) 672– Multifamily Housing Hub, HUD Greensboro 5343, FAX: (303) 672–5153 MINNESOTA Office—Koger Building, 2306 West Multifamily Housing Hub, HUD Minneapolis Meadowview Road, Greensboro, NC 27407, TENNESSEE Office, 220 Second Street, South, OFC Phone: (336) 547–4034, FAX: (336) Multifamily Housing Program Center, HUD— Minneapolis, MN 55401–2195, OFC Phone: 547–4121 Knoxville Office, 710 Locust Street, SW, (612) 370–3051 Ext. 0, FAX: (612) 370– Knoxville, TN 37902–2526, OFC Phone: NORTH DAKOTA 3090 (423) 545–4411, FAX: (423) 545–4578 Multifamily Housing Hub, HUD Denver MISSISSIPPI Multifamily Housing Program Center, HUD— Office, 633 17th Street, 14th Floor, Denver, Nashville Office, 251 Cumberland Bend Multifamily Housing Program Center, HUD CO 80202–3607, OFC Phone: (303) 672– Drive, Suite 200, Nashville, TN 37228– Jackson Office—McCoy Federal Building 5343, FAX: (303) 672–5153 1803, OFC Phone: (615) 736–5748, FAX: 100 W. Capitol Street, Room 910, Jackson, OHIO (615) 736–2018 MS 39269–1096, OFC Phone: (601) 965– 4738, FAX: (601) 965–4773 Multifamily Housing Hub, HUD Columbus TEXAS Office, 200 North High Street, Columbus, Multifamily Housing Hub, HUD Ft. Worth MISSOURI OH 43215–2499, OFC Phone: (614) 469– Office, 801 Cherry Street, PO Box 2905, Ft. Multifamily Housing Hub, HUD Kansas City 5737, Ext. 8111, FAX: (614) 469–2432 Worth, TX 76102–2905, OFC Phone: (817) Office, 400 State Avenue, Room 200, Multifamily Housing Program Center, HUD 978–5764, FAX: (817) 978–5520 Kansas City, KS 66101–2406, OFC Phone: Cincinnati Office, 525 Vine Street, Suite Multifamily Housing Program Center, HUD (913) 551–6844, FAX: (913) 551–5469, 700, Cincinnati, OH 45202–3188, OFC Houston Office, 2211 Norfolk, #200, Multifamily Housing Program Center, HUD Phone: (513) 684–2350, FAX: (513) 684– Houston, TX 77098–4096, OFC Phone: St. Louis Office, Robert A. Young Federal 6224 (713) 313–2274 Ext. 7015, FAX: (713) 313– Building, 1222 Spruce Street—Third Floor, Multifamily Housing Program Center, HUD 2319 St. Louis, MO 63103–2836, OFC Phone: Cleveland Office, 1350 Euclid Avenue, Multifamily Housing Program Center, HUD (314) 539–6382, FAX: (314) 539–6356 Suite 500, Cleveland, OH 44115–1815, San Antonio Office, 800 Dolorosa, San OFC Phone: (216) 522–4058 Ext. 7000, Antonio, TX 78207–4563, OFC Phone: MONTANA FAX: (216) 522–4067 (210) 475–6831, FAX: (210) 472–6897 Multifamily Housing Hub, HUD Denver Office, 633 17th Street, 14th Floor, Denver, OKLAHOMA UTAH CO 80202–3607, OFC Phone: (303) 672– Multifamily Housing Program Center, HUD Multifamily Housing Hub, HUD Denver 5343, FAX: (303) 672–5153 Oklahoma City Office, 500 W. Main Street, Office, 633 17th Street, 14th Floor, Denver,

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00371 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9692 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

CO 80202–3607, OFC Phone: (303) 672– WASHINGTON WISCONSIN 5343, FAX: (303) 672–5153 Multifamily Housing Hub, HUD Seattle Multifamily Housing Program Center, HUD VERMONT Office, 909 First Avenue, Suite 190, MS– Milwaukee Office, 310 West Wisconsin Multifamily Housing Program Center, HUD— OAHM, Seattle, WA 98104–1000, OFC Avenue, Room 1380, Milwaukee, WI Manchester Office, Norris Cotton Federal Phone: (206) 220–5228 ext. 3250, FAX: 53203–2289, OFC Phone: (414) 297–3214 Bldg., 275 Chestnut Street, Manchester, NH (206) 220–5206 Ext. 8662, FAX: (414) 297–3204 03101–2487, OFC Phone: (603) 666–7684, FAX: (603) 666–7697 WEST VIRGINIA WYOMING Multifamily Housing Program Center, HUD— Multifamily Housing Hub, HUD Denver VIRGINIA Charleston Office, 405 Capitol Street, Suite Office, 633 17th Street, 14th Floor, Denver, Multifamily Housing Hub, HUD Richmond 708, Charleston, WV 25301–1795, OFC CO 80202–3607, OFC Phone: (303) 672– Office, 3600 West Broad Street, Richmond, Phone: (304) 347–7000 Ext. 103, FAX: 5343, FAX: (303) 672–5153 VA 23230–4920, OFC Phone: (804) 278– (304) 347–7050 4500 Ext. 3146, FAX: (804) 278–4613 BILLING CODE 4210±32±P

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00372 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9693

APPENDIX B The non-standard forms, which follow, are required for your Multifamily Housing Drug Elimination Program applica- tion.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00373 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9694 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00374 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9695

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00375 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00376 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9697

FUNDING AVAILABILITY FOR submission (e.g., mail application, provided directly to resident councils, PUBLIC HOUSING RESIDENT express mail, overnight delivery, or resident organizations, resident OPPORTUNITIES AND SELF hand-carried). management corporations, Intermediary SUFFICIENCY (ROSS) PROGRAM Address for Submitting Applications. Resident Organizations (IROs), and City- Submit your completed application (the Program Overview Wide Resident Organizations (CWROs). original and one copy) to Grants This requirement will be implemented Purpose of Program. The purpose of Management Center (GMC), 501 School by the awards made to resident the Public Housing Resident Street, SW, Suite 800, Washington, DC organizations for the Technical Opportunities and Self Sufficiency 20024. Assistance/Training Support for (ROSS) Program is to link services to Submit your second copy of your Resident Organizations and the Resident public housing residents by providing application to the local HUD Field Service Delivery Models funding grants for supportive services, resident Office with delegated public or assisted categories. empowerment activities and activities to housing responsibilities attention: (C) Funding Categories and Funds assist residents in becoming Director, Office of Public Housing. See Allocated to Each Category. There are economically self-sufficient. Appendix A of the SuperNOFA for a list three funding categories under ROSS. Available Funds. Approximately $55 of HUD offices with delegated The funding categories and the amount million. responsibility. The original application allocated for each funding category and Eligible Applicants. Public Housing and one copy must be sent to the GMC. any subcategories are as follows: Agencies (PHAs), resident management You may also call the SuperNOFA (1) Technical Assistance/Training corporations, resident councils, resident Information Center at 1–800–HUD–8929 Support for Resident Organizations. A organizations, Intermediary Resident if you have a question regarding where total of $11 million is allocated for this Organizations (IROs), City-Wide you should submit your application. first funding category. Resident Organizations (CWROs) and Persons with hearing or speech (a) Resident Management and nonprofit entities supported by impairments may call the Center’s TTY Business Development (RMBD). A total residents. number at 1–800–HUD–2209. of $6 million is allocated for this Application Deadline. June 15, 2000, On the application due date, hand funding subcategory. for Resident Management and Business carried applications will be accepted (i) Grants will be made directly to Development; May 9, 2000, for Capacity until 12:00 midnight in the South Lobby resident organizations to: increase Building or Conflict Resolution; May 9, at HUD Headquarters, 451 Seventh resident involvement and participation 2000, for Resident Service Delivery Street, SW, Washington DC 20410. in their housing developments; develop Models; and After publication of this For Application Kits. For an resident management opportunities; SuperNOFA grant renewals will be application kit and any supplemental provide resident-led business or accepted until all funds are awarded for material, please call the SuperNOFA cooperative development opportunities; Service Coordinators. Information Center at 1–800–HUD– and obtain necessary supportive Match. At least 25% of the grant 8929. Persons with hearing or speech services for self-sufficiency. amount. This match does not have to be impairments may call the Center’s TTY (ii) The maximum grant award for this a cash match. The match can be in-kind number at 1–800–HUD–2209. When funding category is $100,000 per and/or cash contributions. requesting an application kit, please applicant. refer to the ROSS Program, and provide (b) Capacity Building or Conflict Additional Information your name, address (including zip code) Resolution (CB/CR). A total of $5 If you are interested in applying for and telephone number (including area million is allocate for this funding funding under any of these programs, code). An application kit is also subcategory. These are two separate please review carefully the General available on the Internet through the funding categories that are described Section of this SuperNOFA and the HUD web site at http://www.hud.gov. below: following additional information. For Further Information and (i) Capacity Building (CB). Grants to Intermediary Resident Organizations I. Application Due Date, Application Technical Assistance. You may contact the local HUD field office where you (IROs) for assistance to site-based Kits, Further Information and resident associations who do not yet Technical Assistance. will be submitting your application or you may call the Public and Indian have the capacity to administer a Application Due Date. Your Housing Information and Resource welfare-to-work program or conduct completed application (one original and Center at 1–800–955–2232. management activities and non-profits two copies) is due on or before 12:00 Satellite Broadcast. HUD will hold an which operate associations and midnight, Eastern time, on the following information broadcast via satellite for networks that administer programs application due dates to HUD potential applicants to learn more about benefiting resident organizations. You Headquarters at the address shown the program and preparation of the may apply for funding that will be used below. application. For more information about to assist public housing residents in June 15, 2000, for Resident the date and time of the broadcast, you establishing a new resident organization Management and Business should consult the HUD web site at or you may apply for funds to help or Development; May 9, 2000, for Capacity http://www.hud.gov. enhance the capacity of existing Building or Conflict Resolution; May 9, resident organizations to enable 2000, for Resident Service Delivery II. Amount Allocated residents to participate in housing Models; and (A) Total Amount. For FY 2000, agency decision-making, manage all or a After publication of this SuperNOFA, approximately $55 million is available portion of their housing developments, grant renewals will be accepted until all for the Resident Opportunities and Self and/or apply for and administer grants. funds are awarded for Service Sufficiency Program. (ii) Conflict Resolution (CR). This Coordinators. (B) Allocation. To the extent that there funding category is designed to provide See the General Section of this are a sufficient number of qualified grants to Intermediary Resident SuperNOFA for specific procedures applications, not less than 25 percent of Organizations (IROs) and non-profits governing the form of application funds available for ROSS shall be which operate associations and

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00377 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9698 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices networks administering programs that —For 1 to 217 units occupied by elderly Renewal grants under this program benefit public housing residents, or residents or persons with disabilities, section of the SuperNOFA may apply resident organizations, and to partner the maximum grant award is $54,250. for one renewal grant and one with professional mediators or groups —For 218 to 1,155 units occupied by additional grant in another category. A with grass roots intervention experience elderly residents or persons with PHA and one of its RAs may not both to resolve conflicts involving public disabilities, the maximum grant submit an application to serve the same housing residents, and/or site-based award is $200,000. development. Please read each funding resident associations. (See Section IV of —For 1,156 or more units occupied by category carefully for additional this ROSS competition for specific elderly residents or persons with limitations. requirements for this funding category). disabilities, the maximum grant III. Program Description; Eligible (iii) The maximum amounts for CB/ award is $300,000. Applicants; Eligible Activities CR are as follows: $100,000 for City- (C) The maximum grant award for Wide Resident Organizations (CWROs) RAs is $100,000. (A) Program Description. The purpose per applicant, and $240,000 per (D) Nonprofit entities supported by of ROSS is to assist residents to become applicant for all other eligible residents or RAs are limited to $100,000 economically self sufficient by applicants in these funding categories. for each RA. A non-profit may submit a providing supportive services and Applicants are required to allocate two- single application for no more than resident empowerment activities. This thirds of the total grant to direct funding three different RAs for a maximum grant program is consistent with the of CB or CR activities for Site-Based award of $300,000. Department’s goal to most effectively Resident Associations (RAs). CWROs (3) Service Coordinator Renewals. A focus resources on ‘‘welfare to work’’ are required to serve a minimum of 3 total of $20 million is allocated for this and on independent living for the RAs. All other applicants are required to third funding category. elderly and persons with disabilities. serve a minimum of 10 RAs. (i) The Service Coordinator Renewal HUD is looking for applications which (2) Resident Service Delivery Models category provides grants to PHAs to implement practical solutions within (RSDM). A total of $24 million is address the needs of public housing the grant term, and result in improved allocated for this second category of residents who are elderly and disabled economic self-sufficiency for public funding. persons. Service coordinators help housing residents. HUD seeks holistic (i) The Resident Service Delivery residents obtain supportive services that solutions that involve the support of the Models (RSDM) funding category are needed to maintain independent entire community in providing self provides grants to Public Housing living. Only renewals of prior FY 1995 sufficiency opportunities for residents. Agencies (PHAs), or directly to resident Public Housing Elderly and Disabled Therefore, HUD encourages you to management corporations, resident Service Coordinator grants will be involve elderly and disabled residents councils, or resident organizations, and funded under this ROSS competition; in activities which support self nonprofit entities supported by no applications for new Service sufficiency, such as child care, residents. There are two sub-categories Coordinator grants will be accepted. mentoring, or after school care. This of grants under this funding category: (ii) These funds may only be used as philosophy should be reflected in your Family—Grants for program-related follows: proposed grant activities for all funding activities and supportive services to —Renewal of existing Service categories within this ROSS establish and implement comprehensive Coordinator (SC) grants from prior competition. A description of each of programs that achieve resident self- years. This limitation is imposed to the funding categories was provided in sufficiency for families; and Elderly and achieve Congressional intent to renew Section II of this program section. This Disabled—Grants for independent living all service coordinator and congregate section describes the eligible applicants for the elderly and persons with services grants. No applications for and eligible activities of each funding disabilities. new elderly Service Coordinator category. (iii) For RSDM, the maximum grant grants will be accepted under this (B) Definitions. awards are as follows: funding category. City-Wide Resident Organization (A) For PHAs, the maximum grant —For the Elderly and Persons with consists of members from Resident application award will be based on the Disabilities Service Coordinators Councils, Resident Management number of occupied units for family or category, award amounts cannot be Corporations, and Resident the elderly and persons with higher than your highest funding and Organizations who reside in housing disabilities, as applicable. For the RSDM staffing level for any one-year period developments that are owned and category, PHAs must use the number of that was approved for their last operated by the same PHA within a city. Community Facility means a non- occupied units to determine the funded Service Coordinator Grant. An dwelling structure that provides space maximum grant amount in accordance increase of up to 2 percent over this for multiple supportive services for the with the categories listed below for amount will be allowed if supported benefit of public housing residents and families: by a narrative justification. —For PHAs with 1 to 780 occupied others eligible for the services provided. (iii) The application period for SC Services that may include but are not family units, the maximum grant renewals is open until all funds are award is $150,000. limited to: awarded. (1) Child care; —For PHAs with 781 to 7,300 occupied (D) Transfer of Funds. If all funds are (2) After-school activities for youth; family units, the maximum grant not awarded in one funding category, (3) Job training; award is $500,000. funds are transferable to other ROSS (4) Twenty/20 Education —For PHAs with 7,301 or more funding categories in this competition. Communities (TECs) (formerly Campus occupied family units, the maximum (E) Number of Applications Permitted. of Learners) activities; and grant award is $1,000,000. You may submit no more than one (5) English as a Second Language (B) For Elderly and Disabled RSDM application under this ROSS (ESL) classes. grants, PHAs may apply for the below competition. The only exception is that Contract Administrator means an listed maximums: PHAs applying for Service Coordinator overall administrator and/or a financial

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00378 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9699 management agent that oversees the locations in the country must comprise PHA/HUD, and be eligible to receive financial aspects of a grant and assists the majority of the board of directors. funds for RC activities and stipends for in the entire implementation of the Person with disabilities means an officers for their related costs for grant. A signed Contractor adult person who: volunteer work in public housing. Administrator Partnership Agreement (1) Has a condition defined as a (Although 24 CFR part 964 defines an must be included in your application. disability in section 223 of the Social RC as an incorporated or This agreement may be contingent upon Security Act; unincorporated nonprofit organization, you receiving a grant award and (2) Has a developmental disability as HUD requires RC applicants for ROSS adherence to PHA procurement policies. defined in section 102 of the grants to be registered with the State at The contract administrator must assure Developmental Disabilities Assistance the time of application submission.) The that the financial management system Bill of Rights Act; or following also applies to resident and procurement procedures fully (3) Is determined to have a physical, councils: comply with 24 CFR part 84. The mental, or emotional impairment which: (1) The RMC must adopt written Contract Administrator may be: Local (a) Is expected to be of long-continued procedures such as by-laws, or a Housing Agencies; community-based and indefinite duration; constitution which provides for the organizations such as Community (b) Substantially impedes his or her election of residents to the governing Development Corporations (CDC), ability to live independently; and board by the voting membership of the churches; non-profits; State/Regional (c) Is of such a nature that such ability public housing residents. The elections associations and organizations. could be improved by more suitable must be held on a regular basis, but at Troubled PHAs are not eligible to be housing conditions. least once every 3 years. The written The term ‘‘person with disabilities’’ Contract Administrators. procedures must provide for the recall Firmly Committed means there must does not exclude persons who have the of the resident board by the voting be a written agreement to provide disease of acquired immunodeficiency membership. These provisions shall resources. This written agreement may syndrome or any conditions arising allow for a petition or other expression be contingent upon receiving an award. from the etiologic agent for acquired of the voting membership’s desire for a Elderly person means a person who is immunodeficiency syndrome. In recall election, and set the percentage of at least 62 years of age. addition, no individual shall be voting membership which must be in Jurisdiction-Wide Resident considered a person with disabilities, agreement in order to hold a recall Organization means an incorporated for purposes of eligibility for low- election. This threshold shall not be less nonprofit organization or association income housing, solely on the basis of than 10 percent of the voting that meets the following requirements: any drug or alcohol dependence. membership. (1) Most of its activities are conducted The definition provided above for (2) The RMC must have a within the jurisdiction of a single persons with disabilities is the proper democratically elected governing board housing agency; definition for determining program that is elected by the voting (2) There are no incorporated qualifications. However, the definition membership. At a minimum, the Resident Councils or Resident of a person with disabilities contained governing board should consist of five Management Corporations within the in section 504 of the Rehabilitation Act elected board members. The voting jurisdiction of the single housing of 1973 and its implementing membership must consist of heads of agency; regulations must be used for purposes of households (any age) and other (3) It has experience in providing reasonable accommodations. residents at least 18 years of age or older Program Coordinator is a person who start-up and capacity-building training and whose name appear on a lease for is responsible for coordinating various to residents and resident organizations; the unit in the public housing that the proposed activities to ensure that their and resident council represents. (4) Public housing residents accomplishment will assist in achieving (3) The RMC may represent residents representing unincorporated Resident the overall grant goals and objectives. residing in: Councils within the jurisdiction of the Project is the same as ‘‘low-income (a) Scattered site buildings in areas of single housing agency must comprise housing project’’ as defined in section contiguous row houses; the majority of the board of directors. 3(b)(1) of the United States Housing Act (b) One or more contiguous buildings; Intermediary Resident Organizations of 1937 (42 U.S.C. 1437 et seq.) (1937 (c) A development; or means Jurisdiction-Wide Resident Act). (d) A combination of the buildings or Organizations, City-Wide Resident Resident Association (RA) means any developments described above. Organizations, State-Wide Resident or all of the forms of resident Regional Resident Organization (RRO) Organizations, Regional Resident organizations as they are defined means an incorporated nonprofit Organizations, and National Resident elsewhere in this Definitions section organization or association for public Organizations. and includes Resident Councils (RC), housing that meets each of the following National Resident Organization Resident Management Corporations requirements: (NRO) means an incorporated nonprofit (RMC), Regional Resident Organizations (1) The RRO is regional (i.e., not organization or association for public (RRO), Statewide Resident limited by HUD Areas); housing that meets each of the following Organizations (SRO), Jurisdiction-Wide (2) The RRO has experience in requirements: Resident Organizations, and National providing start-up and capacity-building (1) It is national (i.e., conducts Resident Organizations (NRO). training to residents and resident activities or provides services in at least Resident Council (RC) means (as organizations; and two HUD Areas or two States); provided in 24 CFR 964.115) an (3) Public housing residents (2) It has experience in providing incorporated or unincorporated representing different geographical start-up and capacity-building training nonprofit organization or association locations in the region must comprise to residents and resident organizations; that shall consist of persons residing in the majority of the board of directors. and public housing and must meet each of Resident Management Corporation (3) Public housing residents the following requirements in order to (RMC) (see 24 CFR 964.7, 964.120) representing different geographical receive official recognition from the means an entity that consists of

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00379 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9700 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices residents residing in public housing and Wide Resident Organizations (CWROs). remedial education, literacy training, must have each of the following If you are an RA that is a beneficiary or ESL instruction, assistance in attaining characteristics in order to receive recipient of proposed grant activities by a GED; vocational training including official recognition by the PHA and a CWRO, then you cannot also apply computer training; health care outreach HUD: under this category. You may only and referral services; meal services for (1) The RMC shall be a nonprofit submit one application under this the elderly or persons with disabilities; organization that is validly incorporated funding category. personal assistance to maintain hygiene/ under the laws of the State in which it (2) Eligible participants. At least 75 appearance for the elderly or persons is located; percent of the persons participating and with disabilities; housekeeping (2) The RMC may be established by receiving benefits from RMBD activities assistance for the elderly or persons more than one RC, so long as each such must be residents of conventional with disabilities; transportation council: public housing; any other persons (up to services; congregate services for the (a) Approves the establishment of the 25 percent per grantee) participating or elderly or persons with disabilities; and corporation; and receiving benefits from these programs case management; (b) Has representation on the Board of must be recipients of Section 8 (l) Training for programs such as child Directors of the corporation. assistance. In addition, you must care, early childhood development, (3) The RMC shall have an elected provide a certification that at least 51 parent involvement, volunteer services, Board of Directors, and elections must percent of those served by your parenting skills, before and after school be held at least once every 3 years; proposed activities are residents programs; (4) The RMC’s by-laws shall require affected by welfare reform. (m) Training programs on health, the Board of Directors to; include (3) Eligible Activities. Funding is nutrition, safety and substance abuse; resident representatives of each RC limited to the following activities below: Food costs that are directly attributable involved in establishing the corporation; (a) Training related to resident-owned to the nutrition and health training are include qualifications to run for office, business or cooperative development eligible grant expenditures. These are frequency of elections, procedures for and technical assistance for job training not food costs associated with recall; and term limits if desired; and placement in housing entertainment. (5) The RMC’s voting members shall (n) Workshops for youth services be heads of households (any age) and developments; (b) Technical assistance and training including: child abuse and neglect other residents at least 18 years of age in resident managed business prevention, tutorial services, youth and whose name appears on the lease of development through: feasibility and leadership skills, youth mentoring, peer a unit in public housing represented by market studies; development of business pressure reversal, life skills, and goal the RMC; planning. The workshops can be held in (6) Where an RC already exists for the plans; outreach activities; and innovative financing methods including partnership with community-based development, or a portion of the organizations such as local Boys and development, the RMC shall be revolving loan funds and the development of credit unions; and legal Girls Clubs, YMCA/YWCA, Boy/Girl approved by the RC board and a Scouts, Campfire, and Big Brother/Big majority of the residents. If there is no advice in establishing a resident- managed business entity or cooperative. Sisters; RC, a majority of the residents of the (o) Training in the development of public housing development it will Revolving loan funds can not be used for acquisition, disposition, or physical strategies to successfully implement a represent must approve the youth program. For example, assessing establishment of such a corporation for development.; (c) Establishing and funding revolving the needs and problems of youth, the purposes of managing the project; improving youth initiatives that are and loan funds. Revolving loan funds can not be used for acquisition, disposition, currently active, and training youth, (7) The RMC may serve as both the housing agency staff, resident RMC and the RC, so long as the or physical development; (d) Training residents, as potential management corporations and resident corporation meets the requirements of councils on youth initiatives and 24 CFR part 964 for an RC. employees of an RMC, in skills directly related to the operation, management, program activities; Secretary means the Secretary of (p) Physical improvements to Housing and Urban Development. maintenance and financial systems of a facilities at public housing Site-Based Resident Associations development; developments to provide space for self- means Resident Councils and Resident (e) Training residents with respect to Management Corporations. fair housing requirements; and sufficiency activities for residents, i.e. to Statewide Resident Organization (f) Gaining assistance in negotiating provide cosmetic improvements and (SRO) means a Site-Based incorporated management contracts and designing a repairs to space to conduct community nonprofit organization or association for long-range planning system. activities; or to expand existing public housing that meets the following (g) Providing social support needs community space for your proposed requirements: (such as self sufficiency and youth ROSS activities. Your physical (1) The SRO is Statewide; initiatives) including: improvements may not exceed 50% of (2) The SRO has experience in (h) Feasibility studies to determine the total grant amount and must be providing start-up and capacity-building training and social services needs; directly related to providing space for training to residents and resident (i) Training in management-related self-sufficiency activities for residents. organizations; and trade skills, computer skills, and similar Refer to Office of Management and (3) Public housing residents skills; Budget (OMB) Circular A–87, Cost representing different geographical (j) Management-related employment Principles for State, Local and Indian locations in the State must comprise the training and counseling including job Tribal Governments; majority of the Board of Directors. search assistance, job development (i) Renovation, conversion, and repair (C) Resident Management and assistance, job placement assistance, costs may be essential parts of physical Business Development (RMBD). and follow up assistance; improvements. In addition, (1) Eligible applicants. Site-Based (k) Supportive services including: architectural, engineering, and related Resident Associations (RAs) and City- child care services; educational services, professional services required to prepare

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00380 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9701 architectural plans or drawings, write- (h) Any cost otherwise eligible under delivered. For example, a trainer would ups, specifications or inspections may this program section of the SuperNOFA be paid for the number of residents that also be part of the cost components to for which funds are being provided from were trained, i.e. performance, implement physical improvements. any other source. regardless of the maximum dollar (ii) The renovation, conversion, or (i) Entertainment equipment such as amount quoted in the contract. combination of vacant dwelling units in televisions, radios, stereos, and VCRs. (c) Stipends. Trainees and program a PHA development to create common An exception to this item may be participants of an RA, or CWRO, may areas to accommodate the provision of granted by the HUD Field Office if receive stipends for participating in or supportive services is an eligible funding is being utilized specifically for receiving training under Resident activity for physical improvements. the purposes of establishing a business Management to cover reasonable costs (iii) The renovation of existing directly related to radio, television or related to participation in training and common areas in a PHA development to film or some other form of technical other activities in your program, subject accommodate the provision of communication, and equipment is being to the availability of funds. The stipends supportive services. utilized for training of residents or RAs. should be used for additional costs (iv) The renovation or repair of All such exceptions must be authorized incurred during the training programs, facilities located near the premises of in writing by the HUD Field Office such as child care and transportation one or more PHA developments to before purchases may be made. costs. The cost of stipends may not accommodate the provision of (j) The cost of application preparation exceed $200 per month per trainee supportive services. is not eligible. without written HUD Field Office (5) Supporting Information. The (v) If renovation, conversion, or repair authorization. following information may be useful in is done off-site, the PHA or owner must (d) Reimbursement of Reasonable developing proposed grant activities provide documentation that it has Expenses. Reimbursement of reasonable and costs: control of the proposed property for not expenses incurred by Officers and Board (a) Training. Training activities may members in the performance of their less than 2 years and preferably for 4 include training on HUD regulations years or more. Control can be evidenced fiduciary duties and/or training related and policies governing the operation of to the performance of their official through a lease agreement, ownership low-income public housing including documentation, or other appropriate duties. contracting/procurement regulations; (e) Travel. Travel directly related to documentation. financial management; job and business the successful completion of your (vi) All renovations must meet development training; capacity building required Work Plan. You must adhere to appropriate accessibility requirements. to develop the necessary skills to the travel policy established by HUD (q) Establishing and operating centers assume management responsibilities at Notice 99–24. This policy sets travel that use technology and the project and property management; costs at a maximum amount of $5,000 telecommunications for job training, and training in accessing other funding per RA without special HUD approval. after-school youth programs and sources. (f) Child-Care Expenses. Child care educational activities. (b) Hiring trainers or other experts. expenses for individual staff, board (4) Ineligible Resident Management Resident grantees must ensure that all members, or residents in cases where and Business Development Activities training is provided by a qualified those who need child care are involved and Costs. public housing or management in training-related activities associated (a) Entertainment, including specialist (Consultant/Trainer), HUD with your grant activities. associated costs such as food and Headquarters, Field staff or the local (g) Costs incurred by a RA in applying beverages, except normal per diem for PHA. To ensure the successful for 501(c) tax exempt status with meals related to travel performed in implementation of the grant Work Plan Internal Revenue Service. Please refer to connection with implementing the activities, you are required to determine the Internal Revenue Service (IRS) Work Plan. (See HUD Travel Notice 99– the need to contract for outside Publication 557, which describes the 24 for more specific guidance.) consulting/training services. You and requirements for section 501(c) tax (b) Purchase or rental of land. the PHA must jointly select and approve exempt organizations and list the (c) Activities not directly related to the consultant/trainer. Your application applicable forms required. the welfare-to-work initiatives (e.g., should make maximum use of your (h) Administrative costs. These costs lead-based paint testing and abatement PHA, non profit, or other Federal, State, are necessary for the implementation of and operating capital for economic or local government resources for your grant activities. Administrative development activities). technical assistance and training needs. costs are not to exceed 20% of the grant. (d) Purchase of any vehicle (car, van, The amount allowed for hiring an Appropriate administrative costs bus, etc.). individual consultant for this purpose include, but are not limited to, the (e) Payment of salaries for routine shall not exceed 30% of your total grant following reasonable costs or activities: project operations, such as security and amount or $30,000, whichever is less. (i) Space and equipment. maintenance, or for applicant staff, The amount available for all consultants Maintenance, utility costs, postage, except that a reasonable amount of grant and contracts should not exceed 50% of building lease/rental costs, purchase or funds may be used to hire a person to your grant amount or $50,000 lease of telephone, computer, printing, coordinate the Resident Management whichever is less. HUD Field Offices copying, and sundry non-dwelling and Business Development grant will monitor this process to ensure equipment (such as office supplies, activities or coordinate on-site social compliance with program and OMB software, and furniture). You must services. requirements, and particularly the justify the need for this equipment or (f) Payment of fees for lobbying requirement for competitive bidding. space based on services being delivered services. Where it is necessary to exceed the 50% in relationship to implementing your (g) Any expenditures that are limitation you must use performance approved grant activities. fraudulent, wasteful or otherwise based contracting. Performance based (ii) Rental or lease of vehicles. Rental incurred contrary to HUD or OMB contracts require that fees be paid in or lease of a car, van, or bus by resident directives. exchange for goods and services actually grantees to attend training;

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00381 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9702 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(6) Grant term. The grant term for (ii) Training programs on mediation travel, and utilities. Administrative Resident Management and Business and communication skills; costs must not exceed 20% of the total Development grants is thirty-six months (iii) Training programs on dispute grant costs. from the execution date of your grant resolution and reconciliation, including (5) Grant term. The grant term for agreement. training addressing racial, ethnic and both Conflict Resolution and Capacity (D) Capacity Building or Conflict other forms of diversity; Building grants is thirty-six months Resolution. (iv) Workshops for youth services from the execution date of the grant (1) Eligible applicants. (a) including: child abuse and neglect agreement. Intermediary Resident Organizations prevention, tutorial services, youth (D) Resident Service Delivery Models (IROs) on behalf of public housing leadership skills, youth mentoring, peer (RSDM). residents, which include Public pressure reversal, life skills, social (1) Eligible Applicants. (a) Family. Housing Site-Based Resident Councils skills, goal planning, health, wellness This funding category provides grants to and Resident Management Corporations and nutrition. The workshops may be PHAs, resident management may apply for Capacity Building and/or held in partnership with community- corporations, resident councils, or Conflict Resolution grants. IROs include based organizations such as local Boys resident organizations, and nonprofit National Resident Organizations, and Girls Clubs, YMCA/YWCA, Boy/ entities supported by residents, to enable them to establish and implement Statewide Resident Organizations, Girl Scouts, Campfire and Big Brother/ comprehensive programs that assist Regional Resident Organizations, City- Big Sisters, etc. Food costs that are residents in becoming self-sufficient Wide Resident Organizations, and directly attributable to the actual and/or enable independent living and Jurisdiction-Wide Resident nutrition, wellness and health training aging in place. Organizations. are an eligible grant expenditure. These are not food costs associated with (b) Elderly and Disabled. PHAs and (b) Eligible applicants cited above non-profits supported by a duly elected may submit either one application for entertainment. (v) Training in the development of resident council are the only eligible conflict resolution or one application for applicants in providing supportive capacity building under this funding strategies to successfully implement a youth program. For example, assessing services for the elderly and disabled. category. (c) IROs with 501(c) status may apply (c) Non-profits that operate as the needs and problems of youth, improving youth initiatives that are as non-profit entities under this funding associations or networks that administer category. programs that benefit public housing currently active, and training youth, housing agency staff, resident (2) Number of RSDM Applications resident organizations are also eligible Permitted. (a) General. PHAs must for this funding category. management corporations and resident councils on youth initiatives and submit an application either for a family (2) Eligible activities. (a) Conflict or an elderly grant. ROs must submit resolution. Conflict resolution grant program activities. (b) Capacity Building. Eligible one application for a family grant; and activities may include, but are not non-profits may submit one application limited to: activities for CB grants may include, but are not limited to: for a family or elderly grant representing (i) Establishing violence-free zones to (i) Training Board members in up to three public housing resident enhance the quality of living community organizing, Board groups. environment for public housing development, and leadership training; (b) Joint applications. Two or more residents. The eligible activities for your (ii) Conducting the feasibility of applicants may join together to submit proposed program must address one or training existing resident groups for a joint application for proposed grant more of the following areas: violent resident management or for a specific activities. Joint applications must crime, youth violence, and/or violent resident management project; designate a lead applicant. All parties in gang activity in your housing (iii) Assisting in the creation of an a joint application (lead or non-lead) are development or living environment. RMC, such as consulting and legal considered to be applying for ROSS and These areas must be addressed in your assistance to incorporate, preparing by- are therefore subject to the limit of one application. You must at a minimum laws and drafting a corporate charter; ROSS application per applicant, with focus on one of these areas, but may (iv) Developing the management the exception of those Public Housing include the others where appropriate. capabilities of existing resident Service Coordinator renewal applicants Your grant application must include organizations; that may also apply in one additional specific processes or techniques to (v) Determining the feasibility of ROSS category. Joint applications may prevent and reduce violent crime that homeownership by residents, including include PHAs/IROs, nonprofit entities are measurable within the grant term. assessing the feasibility of other housing on behalf of residents and resident Implementation strategies may include (including HUD-owned or held single or organizations. Joint applications must training at the grass roots level, resident multi-family) affordable for purchase by also provide evidence of resident employment; resident partnership with residents. support. The maximum funding for joint local law enforcement; personal skill- (3) Ineligible Activities. Ineligible applications cannot exceed the sum of building to strengthen individual activities are the same as those listed in the individual grants as specified above. character development; and Section III(C)(7) of this program section Any eligible applicant can serve as a management techniques for preventing of the SuperNOFA, above. lead applicant. violence. You must identify the public (a) In addition, physical development (3) Eligible participants. At least 75 housing development(s) that will serve activities are not eligible for funding percent of the persons participating and as the focus for proposed grant under CB or CR grants. receiving benefits from these activities activities. Any other areas, (e.g., (b) The cost of application preparation must be residents of conventional negatively impacted neighborhoods and is not eligible. public housing. Any other persons (up assisted/insured housing developments) (4) Administrative costs may include, to 25 percent per grantee) participating which benefit from your proposed grant but are not limited to, purchase of or receiving benefits from these activities must be adjacent to the public furniture, office equipment and programs must be recipients of Section housing development; supplies, training, quality assurance, 8 assistance.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00382 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9703

(4) Eligible activities. Funds may be training, business development peer leadership roles training for youth used for the activities described below planning. counselors, peer pressure reversal, life for the family category. (d) Entrepreneurship development. skills, and goal planning). Academic (a) Program Coordinator. You are Entrepreneurship development includes support shall not be limited to TANF encouraged to include a Program entrepreneurship training curriculum, recipients. Coordinator for proposed RSDM entrepreneurship courses. (v) Youth mentoring of a type that activities for the entire term of your (e) Micro/Loan fund. Developing a mobilizes a potential pool of role grant. A Program Coordinator is a strategy for establishing a revolving models to serve as mentors to public person who is responsible for micro/loan fund and/or capitalizing a housing youth. Mentor activities may coordinating various proposed activities loan fund, including licensing, bonding, include after-school tutoring, help with to ensure that their accomplishment and insurance needed to operate a problem resolution issues, illegal drugs will assist in achieving overall grant business. Revolving loan funds can not avoidance, job counseling, or mental goals and objectives. be used for acquisition, disposition, or health counseling. (b) Physical improvements. Physical physical development; (vi) Transportation costs, as necessary improvements to provide space for self- (f) Developing credit unions. to enable any participating family sufficiency activities for residents (i.e., Developing a strategy to establish and/ member to receive available services to to provide cosmetic repairs for space to or create on-site credit union(s) to commute to his or her training or conduct community activities; or to provide financial and economic supportive services activities or place of expand existing community space for development initiatives to PHA employment. proposed ROSS activities). Physical residents. (RSDM grant funds cannot be (vii) Personal well-being (e.g., family/ improvements may not exceed 50% of used to capitalize a credit union.) The parental development counseling, the total grant amount and must be credit union can support the normal parenting skills training for adult and directly related to providing space for financial management needs of the teenage parents, self-development self-sufficiency activities for residents. community (i.e., check cashing, savings, counseling, support groups/counseling Physical improvements include the consumer loans, micro-businesses for victims of domestic violence, and/or following: money management, home buyer families with a mentally ill member, (i) Renovation, conversion, and repair counseling, educational loans, and other etc.). costs may be essential parts of physical revolving loans). (viii) Supportive health care services improvements. In addition, (g) Employment training and (e.g., outreach and referral services to architectural, engineering, and related counseling (e.g., job training (such as substance and alcohol abuse treatment professional services required to prepare apprenticeship programs), preparation and counseling, mental health services, architectural plans or drawings, write- and counseling, job search assistance, wellness programs). Food costs that are ups, specifications or inspections may job development and placement, and directly attributable to the actual also be part of the cost components to continued follow-up assistance). nutrition and health training are an (h) Employer linkage and job implement physical improvements; eligible grant expenditures. These are (ii) The renovation, conversion, or placement. not food costs associated with combination of vacant dwelling units in (i) Family only—supportive services entertainment. a housing development to create activities. The provision of services to (ix) Contracting for case management common areas to accommodate the assist eligible residents to become services or employment of case provision of supportive services is an economically self-sufficient, particularly managers, which must ensure eligible activity for physical families with children where the head confidentiality about resident’s improvement; of household would benefit from the (iii) The renovation of existing receipt of supportive services and is disabilities. common areas in a housing working, seeking work, or is preparing (x) Establishing and/or operating development to accommodate the for work by participating in job-training centers that use technology and provision of supportive services is an or educational programs. Eligible telecommunications for job training, eligible activity for physical supportive services may include, but are after-school youth programs and improvements; not limited to: educational activities. (iv) The renovation or repair of (i) Child care, of a type that provides (xi) Administrative costs may include, facilities located near the premises of sufficient hours of operation and serves but are not limited to, purchase of one or more housing developments to appropriate ages as needed to facilitate furniture, office equipment and accommodate the provision of parental access to education and job supplies, quality assurance, travel, and supportive services is an eligible opportunities. utilities. Administrative costs must not activity for physical improvements; (ii) Computer-based educational exceed 20% of the total grant costs. (v) If renovation, conversion, or repair opportunities, skills training, and (xii) Stipends. No more than $200 per is done off-site, you must provide entrepreneurial activities. participant per month of the grant documentation that you have control of (iii) Homeownership training and award may be used for stipends for the proposed property for not less than counseling, development of feasibility active trainees and program participants 2 years and preferably for 4 years or studies and preparation of to cover the reasonable costs related to more. Control can be evidenced through homeownership plans/proposals. participation in training and other a lease agreement, ownership (iv) Education including but not activities. documentation or other appropriate limited to: remedial education; (j) Elderly and disabled—supportive documentation. computer skills training; career services activities may include, but are (vi) All renovations must meet counseling; literacy training; assistance not limited to: appropriate section 504 accessibility in the attainment of certificates of high (i) Meal service adequate to meet requirements. school equivalency; two-year college nutritional need; (c) Entrepreneurship training. tuition assistance; trade school (ii) Assistance with daily activities; Entrepreneurship training includes assistance; youth leadership skills and (iii) Housekeeping aid; literacy training, computer skills related activities (activities may include (iv) Transportation services;

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00383 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9704 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(v) Wellness programs, preventive require any elderly person or person Internet as a means to communicate health education, referral to community with disabilities to accept the with HUD on grant matters. resources; supportive services. For the purposes of (E) ROSS Evaluation and Assessment. (vi) Personal emergency response; this program, a service coordinator is All applicants selected for award must (vii) Congregate services—includes any person who is responsible for one be willing to participate in the supportive services that are provided in or more of the following functions: evaluation and assessment that HUD a congregate setting at a conventional (i) Working with community service intends to conduct for the ROSS public housing development; and providers to coordinate the provision of Program. At grant award HUD will (viii) Case management. services and to tailor the services to the provide additional information on the (5) Ineligible Activities. Activities for needs and characteristics of eligible evaluation and assessment for which costs are ineligible for funding residents; applicants who receive awards. under the RSDM funding category (ii) Establishing a system to monitor include: and evaluate the delivery, impact, V. Application Selection Process (i) Elderly Service Coordinator salary effectiveness and outcomes of (A) Application Selection Process for funding; supportive services under this program; Resident Management and Business (ii) Payment of wages and/or salaries (iii) Coordinating this program with Development to participants receiving supportive other independent living or self- Applicants for Resident Management services and/or training programs, sufficiency, education and employment and Business Development grants are except that grant funds under family programs; required to address application RSDM may be used to hire a resident(s) (iv) Performing other duties and submission requirements, but are not as a Program Coordinator or to provide functions to assist residents to remain required to address selection factors. training program activities; independent, and to prevent HUD will accept for funding the first (iii) Purchase or rental of land; unnecessary institutionalization; and (iv) New construction, materials, (v) Mobilizing other national and five eligible applications from each of costs; local public/private resources and the ten federal regions on a first-come, (v) Purchase of vehicles; and partnerships. first-serve basis for 120 days after (vi) Cost of application preparation is (b) Administrative costs. publication of this SuperNOFA. Any not eligible. Administrative costs may include, but funds remaining after making awards to (6) Grant term. The grant term for are not limited to, purchase of furniture, the first five eligible applications from Resident Service Delivery Models grants office equipment and supplies, training, each region will be awarded to the next is thirty-six months from the execution quality assurance, travel, and utilities. eligible application from each region, date of the grant agreement. Administrative costs must not exceed then the next, and so forth until funds (E) Service Coordinators for Elderly 20% of the total grant costs. are exhausted. If sufficient funds are not and Persons with Disabilities. (5) Ineligible Activities/Costs. (a) available in any round to fund an (1) Eligible Applicants. This funding Applicants may not use these monies to eligible application from each region, category provides grants to PHAs with replace current funding from other the eligible applications will then be developments designated for the elderly sources for a Service Coordinator or for funded in the order in which they were and persons with disabilities which some other staff person who performs received regardless of region. Where were initially awarded in FY 1995. service coordinator functions; and physical development activities are (2) Joint Applications. Two or more (b) The cost of application preparation proposed, HUD will perform an PHAs may join together to share a is not eligible. environmental review, to the extent service coordinator and so submit joint (6) Grant term. The grant term for required by 24 CFR part 50, prior to applications. Joint applicants must Elderly or Persons with Disabilities award. The results of the environmental designate a lead applicant. All joint Service Coordinator grants is 12 months. review may require that proposed applicants must be existing service activities be modified or proposed sites coordinator grantees. IV. Program Requirements rejected. If all funds are not awarded in (3) Eligible developments. To be The requirements of this section are one funding category, funds are eligible, a development must have applicable to all applicants, and transferable to other ROSS funding elderly residents and/or non-elderly grantees under this announcing of categories in this ROSS competition. residents with disabilities who together funding availability. (B) Application Selection Process for total at least 25 percent of the building’s (A) Compliance with Fair Housing Capacity Building or Conflict Resolution residents. and Civil Rights Laws. Your application (4) Eligible Activities. Under this must meet all the applicable threshold Applicants for Conflict Resolution or funding category, funds may be used for requirements found in Section II(B) of Capacity Building grants are required to the following activities: the General Section of the SuperNOFA, address application submission (a) Service Coordinator. To pay for the as well as the following requirements. requirements but are not required to salary, fringe benefits, and related (B) Affirmatively Furthering Fair address selection factors. Eligibility will administrative costs for employing a Housing. You must adhere to the be determined by applications that meet service coordinator. A service requirement as provided in Section II(D) the threshold requirements of Section IV coordinator is a social service staff of the General Section of the of this program section of the person hired or contracted by the PHA. SuperNOFA. SuperNOFA. HUD will accept for The coordinator is responsible for (C) Certifications and Assurances. funding the first two eligible assuring that elderly residents, You must comply with the certifications applications from each of the ten federal especially those who are frail or at risk, and assurances contained in Section regions on a first-come, first-serve basis and those non-elderly residents with II(G) of the General Section of the for 90 days after this SuperNOFA is disabilities are linked to the supportive SuperNOFA. published. Any funds remaining after services they need to continue living (D) Applicant Internet Access. Prior to making awards to the first two eligible independently in that development. The the initial draw down, all grantees must applications from each region will be service coordinator, however, may not have secured online access to the awarded to the next eligible application

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00384 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9705 from each region, then the next, and so EC bonus points and a listing of structure, including, but not limited to, forth until funds are exhausted. If federally designated EZs and ECs. A budgeting, fiscal controls, and sufficient funds are not available in any RSDM application must receive a total accounting. The application must round to fund an eligible application of 55 points out of 100 to be eligible for identify the staff responsible for fiscal from each region, the eligible funding. management, and the processes and applications will then be funded in the timetable for implementation during the Rating Factor 1: Capacity of the order in which they were received proposed grant period. Applicant and Relevant Organizational regardless of region. If all funds are not Experience (20 Points) (3) Applicant/Administrator Track awarded in one funding category, funds Record (6 Points) are transferable to the other ROSS This factor addresses the extent to funding categories in this ROSS which the applicant has the To receive a high score, you must competition. organizational resources necessary to demonstrate your (or your proposed successfully implement the proposed Administrator’s) program compliance (C) Application Selection Process for activities in a timely manner. In rating and successful implementation of any Resident Service Delivery Models this factor HUD will consider the extent resident self-sufficiency, security or (1) Three types of reviews will be to which the proposal demonstrates: independence oriented grants conducted: a screening to determine if (including those listed below) awarded (1) Proposed Program Staffing (7 Points) your application submission is complete to you or overseen by your and on time; a threshold review to (a) Experience. (4 Points) The Administrator. If you or your determine applicant eligibility; and a knowledge and experience of your Administrator has no prior experience technical review to rate your application proposed project director and staff, in operating programs that foster based on the five rating factors provided including the day-to-day program resident self-sufficiency, security or in this section. A minimum score of 55 manager, sub-recipients and partners in independence you will receive a score is required to be considered for funding. planning and managing programs for of 0 on this factor. Your past experience If you are not the PHA, where physical which funding is being requested. Your may include, but is not limited to, development activities are proposed, experience will be judged in terms of administering the following grants: HUD will perform an environmental recent, relevant and successful Family Investment Center Program; review, to the extent required by 24 CFR experience to undertake eligible Youth Development Initiative under part 50, prior to award. The results of program activities. Family Investment Center Program; the environmental review may require (b) Sufficiency. (3 Points) You and Youth Apprenticeship Program; that proposed activities be modified or your sub-recipients, and partners have Apprenticeship Demonstration in the proposed sites rejected. sufficient personnel or will be able to Construction Trades Program; Urban (2) The selection process is designed quickly access qualified experts or Youth Corps Program; HOPE I Program; to achieve geographic diversity of grant professionals, to deliver the proposed Public Housing Service Coordinator awards throughout the country. HUD activities in each proposed service area Program; Public Housing Drug will first select the highest ranked in a timely and effective fashion, Elimination Program; Tenant application from each of the ten federal including your readiness and ability to Opportunities Program; Economic regions for funding. After this ‘‘round,’’ immediately begin the proposed work Development and Supportive Services; HUD will select the second highest program. To demonstrate sufficiency, and Youth Sports Program. ranked application in each of the ten you must submit the proposed number federal regions for funding (the second of staff years to be allocated to your Rating Factor 2: Need/Extent of the round). HUD will continue this process program by employees and experts, the Problem (20 Points) with the third, fourth, and so on, highest titles and relevant professional This factor addresses the extent to ranked applications in each federal background and experience of each which there is a need for funding your region until the last complete round is employee and expert proposed to be proposed program activities to address a selected for funding. If available funds assigned to your program, and the roles documented problem in the target area. exist to fund some but not all eligible to be performed by each identified You will be evaluated on the extent to applications in the next round, HUD employee and expert. which they document a critical level of will make awards to those remaining need in the development or your applications in rank order regardless of (2) Program Administration and Fiscal Management (7 Points) proposed activities in the area where region and will fully fund as many as activities will be carried out. In possible with remaining funds. In (a) Program Administration. (4 Points) responding to this factor, you will be addition, if all funds are not awarded in The soundness of the proposed evaluated on: this funding category, funds are management of your proposed RSDM transferable to other funding categories program. To receive a high score, you (1) A Needs Assessment Document (18 in this ROSS Competition. must provide a comprehensive Points) description of your project management HUD will award up to 18 points based (D) Factors for Award Used to Evaluate structure. Your narrative must provide a on the quality and comprehensiveness and Rate RSDM Applications description of how any co-applicants, of the needs assessment document. The factors for rating and ranking sub-grantees, and other partner agencies (a) To obtain maximum points for applicants and maximum points for relate to the program administrator as Family RSDM applications, this each factor are provided below. The well as the lines of authority and document must contain statistical data maximum number of points available accountability among all components of which provides: for this program is 102. This includes your proposed program. (i) A thorough socioeconomic profile two EZ/EC bonus points, as described in (b) Fiscal Management. (3 Points) The of the eligible residents to be served by the General Section of the SuperNOFA. soundness of your proposed fiscal your program, in relationship to PHA- The application kit contains a management. To receive a high score wide and national public and assisted certification that must be completed for you must provide a comprehensive housing data on residents who are on the applicant to be considered for EZ/ description of the fiscal management TANF, SSI benefits, or other fixed

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00385 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9706 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices income arrangements; in job training, the speed at which you can realistically resident employment. A high score will entrepreneurship, or community service accomplish the goals of the proposed be awarded where there is programs; and employed; RSDM program; the soundness of your documentation (a letter or resolution (ii) Specific information on training, plan to evaluate the success of your from your governing body) describing contracting, and employment through proposed RSDM program at completion your commitment to hire or contract the PHA. and during program implementation; with at least 15% of residents and a (iii) An assessment of the current and resident and other partnerships; narrative describing the number of service delivery system as it relates to and policy priorities. resident jobs or contracts involved, as the needs of the target population, (1) Viability and Comprehensiveness of well as the training processes related to including the number and type of the Strategies to Address the Needs of the comprehensive plan of your services, the location of services, and Residents (21 Points) application. Elderly and Persons with community facilities currently in use; Disabilities RSDM applications will not (iv) A description of the goals, The score under this subfactor will be be scored on the criterion in this objectives, and program strategies that based on the viability and subcategory. will result in the successful transition of comprehensiveness of your strategies to residents from welfare-to-work. address the needs of residents. (2) Budget Appropriateness/Efficient (b) In order to obtain maximum points (a) Services. (18 Points for Family Use of Grant. (5 Points.) for Elderly and Persons with Disabilities RSDM applicants and 21 Points for RSDM applications, the needs Elderly and Persons with Disabilities The score in this factor will be based assessment document should contain RSDM applicants. More points are on the following: statistical data that provide: awarded in the Elderly and Persons (a) Detailed Budget Break-Out. The (i) The numbers of residents needing with Disabilities RSDM applications to extent to which your application assistance for activities of daily living. balance other sections of the rating includes a detailed budget break-out for (ii) An assessment of the current criteria where points are not applicable each budget category in the SF–424A. service delivery system as it relates to to an Elderly and Persons with (b) Reasonable Administrative Costs. the needs of the target population, Disabilities RSDM applicant) The score The extent to which your application including the number and type of under this subfactor will be based on services, the location of services, and the following: includes administrative costs at or community facilities currently in use. (i) For Family RSDM applications, the below the 20% administrative cost (iii) A description of the goals, extent to which your plan provides ceiling. objectives, and program strategies that services that specifically address the (c) Budget Efficiency. The extent to will result in increased independence successful transition from welfare to which your application requests funds for proposed program participants. work of non-elderly families. To receive commensurate with the level of effort a high score, your plan must include necessary to accomplish your goals and (2) Level of Priority in Consolidated case Management/counseling, job anticipated results. Plan. (2 Points) training/development/placement (and/ Documentation of the level of priority or business training/development/ (3) Reasonableness of the Timetable the locality’s, or in the case of small startup), child care, and transportation (2 Points for Family RSDM applicants cities, the State’s, Consolidated Plan has services. and 4 Points for Elderly and Persons placed on addressing the needs. You (ii) In order to receive maximum with Disabilities RSDM applicants. may also address needs in terms of points, the goals and objectives of your More points are awarded in Elderly and fulfilling the requirements of court proposed plan must represent Persons with Disabilities RSDM actions or other legal decisions or which significant achievements related to applications in order to balance other expand upon the Analysis of welfare-to-work and other self- sections of the rating criteria where Impediments to Fair Housing Choice sufficiency/independence goals. points are not applicable to an Elderly (AI) to further fair housing. If you Specifically for those residents affected and Persons with Disabilities RSDM address needs that are in your by welfare reform, the number of applicant) community’s Consolidated Plan, AI, or residents employed or resident a court decision, or identify and businesses started are preferable to the The score in this factor will be based substantiate needs in addition to those number of residents receiving training. on a reasonable response that you can in the AI, you will receive a greater (iii) For Elderly and Persons with accomplish the goals of your proposed number of points than applicants who Disabilities RSDM applications, services RSDM program. To receive a high score, do not relate their proposed program to in your plan should include case you must demonstrate that it will make the approved Consolidated Plan or AI or management, health care, congregate substantial program implementation court action. There must be a clear services and transportation. To obtain progress within the first six months after relationship between your proposed maximum points, you must describe the grant execution, including putting staff activities, community needs and the goals, objectives, and program strategies in place, finalizing partnership purpose of the program funding for you that will result in increased arrangements, completing the to receive points for this factor. independence for proposed program development of requests for proposals, participants; your services must be and achieving other milestones that are Rating Factor 3: Soundness of located in a community facility; and prerequisites for implementation of the Approach (40 Points) must be available on a 12-hour basis or program. In addition, you must This factor addresses the quality and as needed by the eligible residents. demonstrate that your proposed cost-effectiveness of your proposed (b) Resident Contracting and timetable for all components of the work plan. In rating this factor HUD will Employment. (3 Points) The score in proposed program is feasible consider: the viability and this factor will be based on the extent considering the size of your award and comprehensiveness of your strategies to to which residents will achieve self- activities and results that can be address the needs of residents; budget sufficiency through your contracts with accomplished within the 36-month time appropriateness/efficient use of grant; resident-owned businesses and through limit.

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00386 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9707

(4) Program Assessment examine a number of aspects of the and services may include: the value of (3 Points for Family RSDM and proposed partnership, including: in-kind services, contributions or (i) The division of responsibilities/ Elderly and Persons with Disabilities administrative costs provided to the management structure of your proposed RSDM) The score in this factor will be applicant; funds from Federal sources partnership relative to the expertise and based on the soundness of your plan to (not including RSDM funds); funds from resources of your partners; any State or local government sources; evaluate the success of your proposed (ii) The extent to which the RSDM program both at the completion and funds from private contributions. partnership as a whole addresses the You may also partner with other of your program and during program unmet resident needs; and (iii) The implementation. At a minimum, you program funding recipients to extent to which the addition of the coordinate the use of resources in your must track the goals and objectives of partners provides the ability to meet target area. your proposed work plan program, needs that the applicant could not meet You must provide evidence of which must include, if applicable, a without the partner(s). leveraging/partnerships by including in plan for monitoring your Contract (c) Overall Relationship/Coordination. the application letters of firm Administrator’s performance. Your (3 Points for Family RSDM only) For commitments, Memoranda of application should track specific Family RSDM applicants, the score in Understanding, or agreements to measurable achievements for the use of this factor will be based on the extent participate from those entities identified program funds, such as number of of coordination between your proposed as partners in the application. To be residents employed, salary scales of jobs RSDM program and any existing or firmly committed there must be a obtained, persons removed from welfare proposed programs within your written agreement with the provider of roles 12 months or longer, number of jurisdiction. To receive a high score, resources signed by an official legally elderly or persons with disabilities you must contain an MOU that able to make commitments on behalf of residents receiving supportive services, describes collaboration between the the organization. This agreement may be and number of persons receiving applicant and residents on all of the contingent upon you receiving a grant certificates for successful completion of specific components related to the work award. Each letter of commitment, training in careers such as computer plan of the proposed RSDM program. To Memorandum of Understanding, or technology. receive points, at a minimum, you must agreement to participate should include (5) Resident and Other Partnerships (9 have a narrative description of this the organization’s name, proposed level Points for Family RSDM Applicants and collaboration. Elderly and Persons with of commitment and responsibilities as 7 Points for Elderly and Persons With Disabilities RSDM applications will not they relate to the proposed program. be scored on this criterion. Disabilities RSDM Applicants) Rating Factor 5: Comprehensiveness (a) Resident Involvement in RSDM Rating Factor 4: Leveraging Resources and Coordination (10 Points) (10 Points) Activities (3 Points for Family RSDM This factor addresses the extent to applicants and 4 Points for Elderly and This factor addresses your ability to which your program reflects a Persons with Disabilities RSDM secure community resources (note: coordinated, community-based process applicants. More points are awarded in financing is a community resource) that of identifying needs and building a Elderly and Persons with Disabilities can be combined with HUD’s program system to address the needs by using RSDM applications in order to balance resources to achieve program purposes. available HUD funding resources and other sections of the rating criteria You must have at least a 25% cash or other resources available to the where points are not applicable to an in-kind match to receive points under community. Elderly and Persons with Disabilities this rating factor. Leveraging in excess In evaluating this factor HUD will RSDM applicant): The score in this of the 25% of the grant amount will consider the extent to which your factor will be based on the extent of receive a higher point value. In application addresses: resident involvement in developing evaluating this factor HUD will (1) Coordination with the your proposed RSDM program as well consider: Consolidated Plan (2 Points for Family as the extent of proposed resident The extent to which you have RSDM applicants and 6 points for involvement in implementing your partnered with other entities to secure Elderly and Persons with Disabilities proposed RSDM program. To receive a additional resources to increase the RSDM applicants. More points are high score on this factor, you must effectiveness of your proposed program awarded for Elderly and Persons with describe the involvement of residents in activities. The budget, the work plan, Disabilities RSDM applications in order the planning phase for this program, and commitments for additional to balance other sections of the rating and a commitment to provide continued resources and services, other than the criteria where points are not applicable involvement in grant implementation. grant, must show that these resources to an Elderly and Persons with For applicants to receive the maximum are firmly committed, will support the Disabilities RSDM applicant.) number of points, a work plan, must be proposed grant activities and will, in Demonstrates the applicant has included. combined amount (including in-kind reviewed the community’s Consolidated (b) Other Partnerships. (3 Points) The contributions of personnel, space and/or Plan and/or Analysis of Impediments to score in this factor will be based on the equipment, and monetary contributions) Fair Housing Choice, and has proposed successful integration of partners into equal at least 25% of the RSDM grant activities that address the priorities, implementation of the proposed RSDM amount proposed in this application. needs, goals or objectives in those program. To receive a high score, you ‘‘Firmly committed’’ means there must documents; or substantially furthers fair must provide a signed Memorandum of be a written agreement with the housing choice in the community. Understanding (MOU) or other provider of resources, signed by an (2) For Family RSDM Applications, equivalent signed documentation that official legally able to make Coordination with the State (4 Points): delineates the roles and responsibilities commitments on behalf of the Provides evidence that your proposed of each of the parties in your program organization. The signed, written RSDM program has been coordinated and the benefits they will receive. In agreement may be contingent upon you with and supports the PHA’s, efforts to assessing this subfactor, HUD will receiving a grant award. Other resources increase resident self-sufficiency and is

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00387 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9708 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices coordinated and consistent with the category under which they are applying (d) The value of any donated material, State, or local Welfare Plan. for funds. equipment, building, or lease shall be (3) Coordination with Other Activities (1) ROSS Application Cover Sheet; computed based on the fair market (4 Points) Demonstrates that in carrying (2) ROSS Fact Sheet; value at time of donation. Such value out your program activities, you will (3) ROSS Program Summary; shall be documented by bills of sales, develop linkages with: other HUD- (4) Certification of Consistency and advertised prices, appraisals, or other funded program activities proposed or Compliance with threshold information for comparable property on-going in the community; or other requirements of General Section of the similarly situated not more than one- State, Federal or locally funded SuperNOFA; year old taken from the community activities proposed or on-going in the (5) Match Requirement. (a) Your must where the item or activity is located, as community which, taken as a whole, supplement grant funds with an in-kind appropriate. You may also satisfy the support and sustain a comprehensive and/or cash match of not less than 25% match requirement by establishing the system to address the needs. of the grant amount. This match does in-kind value of computer and office (D) Application Selection Process for not have to be a cash match. The match equipment, software and space used for Service Coordinators may include: The value of in-kind training in computer technology, Applicants for Service Coordinators services, contributions or administrative education/employment and skills are required to address application costs provided to the applicant; funds development for sufficiency training submission requirements but are not from Federal sources (but not ROSS programs such as Twenty/20 Education required to address selection factors. funds); funds from any State or local Communities (TEC Centers). Eligibility will be determined by government sources; and funds from (B) RMBD Applications. Applicants for Resident Management applications that meet the threshold private contributions. Any services, and Business Development grants are requirements of Section IV of this such as child care or mentoring, required to address application program section of the SuperNOFA. conducted by elderly or disabled submission requirements, but are not HUD will accept for funding all eligible residents who are not TANF required to address selection factors. renewals until funds are exhausted. participants, will not be counted toward Only threshold requirements, and not VI. Application Submission your match requirement. You may also application submission requirements, Requirements satisfy the match requirement by will be used for determining eligibility establishing the in-kind value of (A) All Applications for first-come first serve funding. computer and office equipment, All applications for funding under All applications for assistance under software and space used for training in this funding category must contain the the ROSS competition regardless of computer technology, education/ following documents and information funding categories must include the employment and skills development for (Please note that items 1–8 are threshold forms, certifications and assurances self sufficiency training programs such requirements used to determine awards listed in Section IV of the General as Twenty/20 Education Communities for this category; items 9–13 will be Section of the SuperNOFA (collectively (TEC Centers). used for grant administration): referred to as the ‘‘standard forms’’) (b) Your must demonstrate that the (1) Your application must contain a These forms are: cash or in-kind resources and services, written certification that at least 51 SF–424, Application Federal which you will use as match amounts percent of the public housing residents Assistance; (including resources from a (including Section 8 tenants as HUD–424M, Federal Assistance Comprehensive Grant, other applicable) to be included in the Funding Matrix; governmental units/agencies of any proposed program are currently eligible SF–424A, Federal Assistance Budget type, and/or private sources, whether to receive, are currently receiving, or Information—Non Construction; for-profit or not-for-profit), are firmly have received within the preceding four SF–424B, Assurances for Non- committed and will support the years, assistance or services funded Construction Programs; proposed grant activities. ‘‘Firmly under the TANF, SSI, or food stamp HUD Form 50070, Drug-Free Workplace committed’’ means there must be a programs. Certification; written agreement to provide the (2) Your application must contain a HUD Form 50071, Certification of resources and services signed by an signed Memorandum of Understanding Payments to Influence Federal official legally able to make (MOU) between the RA and PHA which Transactions, and if applicable SF– commitments on behalf of the describes the specific roles, LLL, Disclosure of Lobbying organization and specifies the cash and/ responsibilities and activities to be Activities; or in-kind assistance to be provided. If undertaken by all parties to the MOU. HUD Form 2880, Applicant/Recipient offering in-kind assistance, the letter Your MOU, at a minimum must identify Disclosure/Update Report; should provide an estimated dollar the principal parties (i.e. the name of HUD Form 2992, Certification of value for the in-kind services. The the PHA and RA, the terms of Debarment and Suspension; written agreement may be contingent agreement), expectations or terms for HUD Form 2993, Acknowledgement of upon your receiving a grant award. The each party, and indicate that the Application Receipt. following are guidelines for valuing agreement pertains to the support of The standard forms can be found in certain types of in-kind contributions: your grant application. Appendix B to the General Section of (c) The value of volunteer time and This document is the basis for the the SuperNOFA. The remaining services shall be computed at a rate of foundation of the relationship between application items that are forms (i.e., six dollars per hour except that the the Ra and PHA. The MOU must be excluding such items as narratives), value of volunteer time and services precise and outline the specific duties referred to as the ‘‘non-standard forms’’ involving professional and other special and objectives to be accomplished can be found as Appendix A to this skills shall be computed on the basis of under the grant. All MOUs must be program section of the SuperNOFA. the usual and customary hourly rate finalized, dated and signed by duly All applicants must include the paid for the service in the community authorized officials of both the RA and following information regardless of the where the activity is located; and PHA upon submission of the

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00388 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9709 application. Submission of the MOU is (8) List of RAs participating with the (1) Written Agreement with Mediator. not required as part of the application City-Wide Resident Organization Only conflict Resolution applicants process. (CWRO). You must list in your must develop a work plan with a (3) Accessible Community Facility. application, the name(s) of RAs that will professional mediator or ‘‘grass roots’’ You must provide written evidence (e.g. receive services and you must submit mediation organization (mediation/ through an executed use agreement if letters of support from each RA partner) that outlines the roles and the facility is to be provided by an entity identified in your application; responsibilities of each party. The work other than the PHA) that a majority of (9) Physical Improvements. You must plan must specify that the mediation/ the proposed activities will be submit a description of the renovation partner will train grantee staff and/or administered at community facilities or conversion to be conducted along volunteers such that the grantee will be within easy transportation access (i.e., with a budget and timetable for those capable of providing mediation walking or by direct (no transfers activities. You must demonstrate a firm assistance independently by the end of required), convenient, inexpensive and commitment of assistance from one or the grant term. reliable transportation of the property more sources ensuring that supportive (2) Mediation Experience/Referral represented by the PHA. The written services will be provided for not less Agreement. Only conflict Resolution agreement must certify that community that 2 years following the completion of applicants must provide evidence that facilities meet the structural renovation, conversion, or repair their mediator/partner has at least one accessibility requirement of section 504 activities funded under this ROSS year of experience in providing of the Rehabilitation Act of 1973 and the competition. mediation services and at least one year Americans With Disabilities Act of The following are application of mediation training. Include either one 1990. submission requirements and will not referral agreement with a judicial, law (4) Your application must contain be used for determining eligibility for enforcement, or social service agency letter(s) of support indicating first-come first serve funding. such as the court system or Welfare supplemental grant funds of not less (10) Explanations for proposed grant Department for mediation of public than 25% of the grant amount. See activities must be provided by narrative housing residents, or a narrative section VI (A) (5) of the program section statements or descriptions; description of direct experience with of this SuperNOFA. (11) Resident Management and public or assisted housing residents. (5) You must provide either a signed Business Development grant (3) Applicant Nonprofit Status. You certification from HUD or an applications must include a narrative must provide evidence that your Independent Public Accountant that description (two page limit) describing organization has registered with the your financial management system and the activities that you will carry out State as a nonprofit corporation or has procurement procedures fully comply with RMBD grant funds. Your 501(c) nonprofit corporation status with with 24 CFR part 84, or your application description must include specific goals, the United States Internal Revenue must contain a signed Contract objectives and program strategies that Service at the time of application Administrator Partnership Agreement will result in successful transition of submission. (4) Your application must contain that you will use the services of a residents from welfare to work or other letter(s) of support indicating Contract Administrator in administering proposed grant activities; supplemental grant funds of not less your grant. Applicants that are troubled (12) Your RMBD application must than 25% of the grant amount. See PHAs are required to provide written provide information about the RA, section VI(A)(5) of this program section agreement that a Contract Administrator including its history, staff qualifications, has been retained for the term of the of the SuperNOFA. and its previous experience (two page (5) List of RAs Receiving Support. In grant. In cases where the Contract limit). For proposed grant staffing, you CB and CR applications, you must list Administrator is the PHA, the Contract must include a resume or summary of in your application the name of the RAs Administration responsibilities can be qualifications for all proposed grant that will receive training, technical incorporated into the MOU discussed staff: assistance and/or coordinated above. Chart A—RMBD Program Staffing supportive services and you must (6) If you are a RA/RC/RMC/CWRO Chart B—RMBD Applicant/ submit letters of support from each you must include evidence that your Administrator Track Record entity identified in your application. organization is registered with the State Chart C—Summary RMBD Budget Line The following are application as a nonprofit corporation at the time of Items submission requirements. Only application submission or has section threshold requirements, and not 501(c) status with the United States (13) You must provide a summary of a proposed work plan to carry out application submission requirements, Internal Revenue Service at the time of will be used to determine eligibility for application . Evidence of State proposed grant activities. This work plan must include tasks, budgeted first-come first serve funding. registration shall be a copy of the (6) Explanations for proposed grant certificate of incorporation or certificate amounts, and dates for all activities during the grant period. activities must be provided by narrative of good standing from the State statements or descriptions as well as the Government (i.e. Secretary of State or Chart D—Budget Workplan Summary forms indicated below: Secretary of Corporations). Evidence of (7) Needs Assessment. For the CB and 501 (c) status shall be a copy of the IRS (C) Applications for Capacity Building or Conflict Resolution. CR grant applications you must provide 501 (c) designation. a narrative description of proposed (7) Certification of Resident Council All applications for funding under activities that addresses the following Board Elections. If you are a Resident this funding category must contain the information: Organization, you must submit following documents and information (i) A description of the geographic certifications of the RA board election as (Please note that items 1–5 are threshold boundaries of the RAs or RMCs required by HUD, signed by the local requirements used to determine awards included in the application; PHA and/or an independent third party for this category; items 6–10 will not be (ii) A description of the public monitor and notarized; used to select awardees): housing community;

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00389 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9710 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(iii) A detailed description of the through an executed use agreement if (9) List of RAs Receiving Support. In issues or problems involved with each the facility is to be provided by an entity RSDM applications you must list in RA to be served by the grant; and other than the PHA) that a majority of your application the name of the RAs (iv) The resources that are currently the proposed activities will be that will receive training, technical being devoted to the problem or issue administered at community facilities assistance and/or coordinated under consideration. within easy transportation access (i.e., supportive services and must submit (8) Proposed Program Activities. walking or by direct (no transfers letters of support from each entity Resident Management and Business required), convenient, inexpensive and identified in your application. Development grant applications must reliable transportation of the property (10) Responses to Factors of Award include a narrative description represented by the PHA. The written may be narrative statements or describing the activities that you will agreement must certify that the descriptions and the forms indicated carry out with CB/CR grant funds. Your community facilities meet the structural below: description must include specific goals, accessibility requirements of section 504 Factor 1—Capacity of the Applicant and objectives and program strategies that of the Rehabilitation Act of 1973 and the Relevant Organizational will result in successful proposed grant Americans With Disabilities Act of Experience; activities; 1990. Chart A—Program Staffing (9) Experience and Staffing. Your CB/ (4) Your application must contain Chart B—Applicant/Administrator CR grant application must provide letter(s) of support indicating Track Record information about the RA, including its supplemental grant funds of not less Factor 2—Need/Extent of the Problem; history, staff qualifications, and its than 25% of the grant amount. See Chart C—Summary Budget line Items previous experience (two page limit). section VI (A)(5) of this program section Chart D—Budget Workplan Summary For proposed grant staffing, you must of the SuperNOFA. Factor 3—Soundness of Approach; include a resume or summary of (5) Physical Improvements. You must Factor 4—Leveraging Resources; and qualifications for all proposed grant submit a description of the renovation Factor 5—Comprehensiveness and staff: or conversion to be conducted along Coordination. Certification of Consistency with the Chart A—CB/CR Program Staffing with a budget and timetable for those Consolidated Plan Chart B—CB/CR Applicant/ activities. You must demonstrate a firm Bonus Points Administrator Track Record commitment of assistance from one or Chart C—Summary CB/CR Budget Line Certification of Consistency with the more sources ensuring that supportive Items EZ/EC Strategic Plan services will be provided for not less (10) Budget and Cost Information. that 2 years following the completion of (E) Application Submission You must provide a summary of your renovation, conversion, or repair Requirements for Service Coordinators proposed work plan to carry out your activities funded under this ROSS for the Elderly and Persons With proposed grant activities. The work plan competition. Disabilities must include tasks/activities, budgeted (6) You must provide either a signed All applications for funding under amounts, and start and end dates for all certification from HUD or an activities during the grant period. this funding category must contain the Independent Public Accountant that following documents and information Chart D—Budget Workplan Summary your financial management system and (Please note that items 1–4 are threshold (D) Application Submission procurement procedures fully comply requirements used to determine renewal Requirements for Resident Service with 24 CFR part 84, or your application funding for this category): Delivery Models must contain a signed Contract (1) Elderly Housing Development All applications for funding under Administrator Partnership Agreement Certification. A certification that at least this funding category must contain the that you will use the services of a 25% of the residents of the following documents and information Contract Administrator in administering development(s) proposed for grant (Please note that items 1–9 are threshold your grant. Applicants that are troubled activities are elderly and/or non-elderly requirements used to determine scoring PHAs are required to provide evidence people with disabilities at the time of of ranking and ranking factors for this that a Contract Administrator has been application.; category): retained for the term of the grant. In (2) Accessible Community Facility. (1) Your application must contain a cases where the Contract Administrator The application must provide evidence written certification that at least 51 is the PHA, the Contract Administration (e.g., through an executed use agreement percent of the public housing residents responsibilities can be incorporated into or MOU if the facility is to be provided (including Section 8 tenants as the MOU discussed above. by an entity other than the PHA. The applicable) to be included in the (7) Applicant Non-Profit Status. majority of the proposed activities will proposed program are currently eligible Except for PHAs, you must provide be administered at community facilities to receive, are currently receiving, or evidence that the applicant is registered within easy transportation access, i.e., have received within the preceding four with the State as a nonprofit corporation walking or by direct (no transfers years, assistance or services funded or has 501(c) status with the United required), convenient, inexpensive and under the TANF, SSI, or food stamp States Internal Revenue Service at the reliable transportation, to the property programs. time of application submission. represented by the PHA. Your executed (2) Elderly and/or Disabled Housing Evidence of State registration shall be a use agreement or MOU must specifically Development Certification. A copy of the certificate of incorporation state that the community facilities meet certification that at least 25% of the or certificate of good standing from the the structural accessibility requirements residents of the development(s) State Government (i.e. Secretary of State of section 504 of the Rehabilitation Act proposed for grant activities are elderly or Secretary of Corporations). Evidence of 1973 and the Americans With and/or non-elderly people with of 501(c) status shall be a copy of the Disabilities Act of 1990. disabilities at the time of application. IRS 501(c) designation. (3) Your application must contain (3) Accessible Community Facility. (8) Certification of Resident Council letter(s) of support indicating You must provide evidence (e.g. Board Elections; supplemental grant funds of not less

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00390 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9711 than 25% of the grant amount. See VIII. Environmental Requirements (2) If the grantee is a PHA, HUD has section VI (A)(5) of this program section approved the grantee’s Request for of the SuperNOFA. It is anticipated that most activities Release of Funds (HUD Form 7015.15) (4) SC Request Letter Format; The under this ROSS funding will be following a Responsible Entity’s following are application submission categorically excluded under 24 CFR completion of an environmental review requirements. Only threshold 50.19(b)(3), (b)(9), (b)(12), or (b)(14). An under 24 CFR part 58, where required, requirements, and not application applicant proposing any acquisition, or if HUD has determined in accordance submission requirements, will be used including long-term leasing, disposition, with § 58.11 to perform the for determining eligibility for renewal or physical development activities is environmental review itself under part funding. prohibited from rehabilitating, (5) Evidence of comparable salaries in 50, HUD has completed the converting, leasing, repairing or environmental review. local area; constructing property, or committing or (6) Lead Agency letter format (if expending HUD or non-HUD funds for IX. Authority appropriate); these types of program activities, until Section 34 of the U.S. Housing Act of VII. Corrections to Deficient one of the following has occurred: 1937. Applications (1) If the grantee is not a PHA, HUD The General Section of the has completed an environmental review BILLING CODE 4210±32±P SuperNOFA provides the procedures for to the extent required by 24 CFR part 50, corrections to deficient applications. prior to grant award.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00391 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9712 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Appendix A The non-standard forms, which follow, are required for the ROSS application.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00392 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9713

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00393 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9714 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00394 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9715

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00395 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9716 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00396 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9717

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00397 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9718 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00398 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9719

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00399 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9720 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00400 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9721

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00401 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9722 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00402 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9723

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00403 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9724 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00404 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9725

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00405 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9726 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00406 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9727

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00407 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9728 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00408 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9729

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00409 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9730 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00410 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9731

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00411 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9732 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00412 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9733

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00413 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9734 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00414 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9735

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00415 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9736 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00416 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9737

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00417 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9738 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00418 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9739

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00419 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9740 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00420 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9741

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00421 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9742 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00422 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9743

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00423 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9744 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00424 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9745

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00425 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9746 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00426 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9747

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00427 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9748 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00428 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9749

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00429 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9750 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00430 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9751

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00431 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9752 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00432 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9753

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00433 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9754 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00434 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9755

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00435 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9756 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00436 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9757

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00437 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9758 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00438 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9759

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00439 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9760 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00440 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9761

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00441 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9762 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00442 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9763

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00443 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9764 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00444 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9765

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00445 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9766 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00446 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9767

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00447 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9768 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00448 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9769

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00449 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9770 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00450 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9771

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00451 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9772 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00452 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9773

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00453 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9774 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00454 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9775

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00455 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00456 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9777

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00457 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00458 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9779

FUNDING AVAILABILITY FOR to OTAG, and include your name, assistance is available to tenants under OUTREACH AND TRAINING mailing address (including zip code) section 514(f)(3) of MAHRA. Therefore, ASSISTANCE GRANTS (OTAG) and telephone number (including area this OTAG section of the SuperNOFA is Program Overview code). intended to make up to an additional $6 For Application Kits. For an million available to ensure that the Purpose of the Program. OTAG funds application kit and any supplemental residents of all eligible properties are used to provide technical assistance materials please call the SuperNOFA receive technical assistance. The for tenants or tenant groups in Information Center at 1–800–HUD– technical assistance is intended to allow properties with project-based rental 8929. Persons with hearing or speech the tenants to (1) participate assistance contracts that are nearing impairments may call the Center’s TTY meaningfully in changes occurring at expiration and properties whose tenants number at 1–800–HUD–2209. The the property and (2) affect decisions have received notice that the owner application kit also will be available on about the future of their housing. For intends to prepay its HUD-insured the Internet through the HUD Web site geographic areas in which no OTAG mortgage. Funds are available to at http://www.HUD.gov. When grantee was selected for an OTAG grant conduct outreach and training activities requesting an application kit, please in 1998, HUD is seeking applicants to for HUD tenants in such properties, refer to OTAG and provide your name, provide services to tenants in all under section 514(f)(3) of the address (including zip code), and properties described in the Program Multifamily Assisted Housing Reform telephone number (including area code). Overview section, above. For geographic and Affordability Act of 1997 For Further Information and areas in which an OTAG grantee was (‘‘MAHRA’’). Section 534 of the Technical Assistance. You may contact selected in 1998, that grantee may apply Departments of Veterans Affairs and Victor Lambert at (202) 708–0001 (ext. for additional funding necessary to Housing and Urban Development, and 3779). Persons with speech or hearing provide services to below-market Independent Agencies Appropriations impairments may call HUD’s TTY properties in addition to the M2M Act, 2000, amended section 514(f)(3) to number (202) 708–0770, or 1–800–877– properties for which the OTAG grantee extend technical assistance to below- 8399 (the Federal Information Relay is currently providing services under market properties. Service TTY). Other than the ‘‘800’’ the 1998 NOFA. A list of the grantees Available Funds. Approximately $6.0 number, these numbers are not toll-free. from the 1998 OTAG funding million. Mr. Lambert can also be reached via the competition, specifying the geographic Eligible Applicants. Any resident- Internet at area served is provided in Appendix A. controlled non-profit organization, [email protected]. (B) Eligible Applicants. (1) An community-based organization and Satellite Broadcast. HUD will hold an organization applying for OTAG public entities may apply for and information broadcast via satellite for funding must be: receive OTAG grant assistance in potential applicants to learn more about (a) A resident-controlled nonprofit accordance with section 514 of the the program and preparation of the organization with a majority of the MAHRA Act of 1997 and this application. For more information about board consisting of residents of HUD SuperNOFA. the date and time of the broadcast, you assisted housing, and have at least two Application Deadline. April 26, 2000. should consult the HUD web site at years of experience in resident Match. None. http://www.hud.gov. organizing and education; (b) A Community-Based Organization Additional Information II. Amount Allocated (CBO), with at least two years of If you are interested in applying for HUD has available a maximum of up experience in resident organizing and funding under this program, please to $6.0 million for the OTAG program, education; or review carefully the General Section of as appropriated in Pub. L. 105–65, (c) A public entity such as: this SuperNOFA and the following ‘‘Multifamily Assisted Housing Reform Community action, legal service, and additional information. and Affordability Act of 1997’’ fair housing counseling agencies; state (MAHRA), (Title V–HUD Multifamily and local government agencies; and I. Application Due Date, Applications Housing Reform, Subtitle A—Section intermediaries. Kits, Further Information, and 514—Mortgage Restructuring and Rental (2) These grants will be awarded on Technical Assistance Assistance Sufficiency Plan), amended a community-, city-, county-, multi- Application Due Date. Submit your by section 534 of the Department of county-, or state-wide basis. Approved completed applications (one original Veterans Affairs and Housing and Urban grantees must initiate an outreach and two copies) on or before 12:00 Development and Independent Agencies program that will identify, deliver midnight, Eastern time, on April 26, Appropriations Act, 2000. training to, and develop a process to 2000, to the address shown below. organize the unorganized residents of See the General Section of this III. Program Description; Eligible eligible low-income housing so they can SuperNOFA for specific procedures Applicants; Eligible Activities; participate in the changes occurring at governing the form of application Ineligible Activities the property and understand the options submission (e.g., mailed applications, (A) Program Description. The Mark- available to them. If your group is express mail, overnight delivery, or to-Market (M2M) OTAG program was applying for an OTAG you must have at hand carried). created in 1998 to provide funds to least two years of experience in Address for Submitting Applications. organizations to conduct outreach and organizing and training tenants to create To HUD Headquarters. Submit your training development for HUD tenants a tenant organization that is able to keep completed application (an original and in properties eligible to participate in tenants informed of their rights and two copies) to: The Office of the M2M program. Six million dollars responsibilities under Section 8, or have Multifamily Housing Assistance was made available under the M2M an affiliation with an organization that Restructuring, Attn: Victor Lambert, OTAG program. Section 534 of the FY has such experience. However, the 1280 Maryland Avenue, SW, Suite 4000, 2000 Appropriations Act added below affiliated organization providing the Washington, DC 20024. When market properties to the categories of experience must not have influence over submitting your application, please refer properties for which technical your decision making.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00459 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9780 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(3) All funds expended under this (C) Eligible Activities. An applicant to appraisers, financial institution program section of the NOFA must be must identify its specific jurisdiction officials, state and local government used for tenant activities as described and the activities it will undertake to officials, community groups, and owner later in this program section. accomplish its objectives. Activities for entities) about changes to Section 8 (4) The definition of a CBO is: A OTAGs can include: contracts, impacts on the property, and private nonprofit organization that: (1) Identifying residents and resident the OTAG process; (a) Is organized under state or local groups living in eligible properties. (10) Reimbursing the expenses of laws; Eligible properties include any property individual tenants necessary to attend (b) Has no part of its earnings with an expiring Section 8 contract that tenant meetings, limited to child care accruing to the benefit of any member, may not be renewed and properties and transportation (the grantee shall founder, contributor, or individual; whose tenants have received notice that multiply $1.00 times the number of (c) Is neither controlled by, nor under the owner intends to prepay its HUD- units in the building to determine the the direction of, individuals or entities insured mortgage; total amount of funds available for seeking to derive profit or gain from the (2) Providing outreach and training to reimbursement; tenants attending the organization; tenants to explain the changes to the meeting may be reimbursed for actual (d) Does not include a public body Section 8 contract renewal or the impact expenses, with the aggregate (including the participating jurisdiction) the non-renewal will have on tenants; reimbursement not to exceed this or an instrumentality of a public body. (3) Organizing residents of eligible amount.); The state or local government may not low-income housing so the tenants can have the right to appoint more than one- effectively participate in the decision (11) Purchasing of computers that are third of the membership of the CBO’s making resulting from the changes in necessary for the proposed activities of governing body and no more than one- the rental assistance or changes in the this grant (reimbursement shall be third of the board members can be building’s ownership; limited to $1,000); and public officials; (4) Performing outreach, training, and (12) Other activities approved by (e) Has a standard of financial counseling consisting of fair housing HUD, which will further the purposes of accountability that conforms to 24 CFR counseling, which may include teaching the grant. part 84; sound housing management, (D) Ineligible Activities. (f) Has among its purposes the maintenance, and financial management provision of decent housing that is and requirements of the Fair Housing (1) Purchase of land or buildings or affordable to low-income and moderate- Act, to residents and resident groups any improvements to land or buildings income persons, as evidenced in its living in eligible OTAG properties; or real estate brokering fees; charter, articles of incorporation, (5) Delivering project-based, (2) Activities already being performed resolutions or by-laws; community-, city-, county-, or state- or that would result in duplication of (g) Is accountable to low-income wide training programs on resident funding; community residents by: homeownership options; (3) Activities completed prior to date (i) Having at least one-third of its (6) Establishing an information funding is approved under this NOFA; governing board’s membership clearinghouse as a resource to resident (4) Activities that do not meet the consisting of low-income neighborhood organizations, community groups and purposes and intent of this NOFA; and residents, other low-income community potential purchasers within their residents, or elected representatives of assigned jurisdiction; (5) Entertainment, including low-income neighborhood (7) Creating informational materials associated costs such as food and organizations. For urban areas, about changes to current Section 8 beverages, including refreshments and ‘‘community’’ may be a neighborhood or contracts for local/state-wide supplies for organizational meetings. neighborhoods, town, village, county, or distribution; IV. Program Requirements multi-county area or state; and (8) Assisting tenants and others (ii) Providing a formal process for approved by HUD to understand their (A) Reporting Requirements. OTAG low-income program beneficiaries to rights under the Section 8 renewal or Grantees must submit a quarterly advise the CBO on its decisions opt-out process; performance report to the Director of the regarding the acquisition, rehabilitation (9) Educating parties outside the Office of Multifamily Housing and management of affordable housing. Department (including but not limited Assistance Restructuring, 1280

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00460 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9781

Maryland Avenue, SW, Suite 4000, Year 2000, but will be utilized for described in the General Section of the Washington, DC, 20024, which lists the OTAG technical assistance activities for SuperNOFA. properties and number of tenants a period ending September 30, 2001. Rating Factor 1: Capacity (25 Points) assisted by the OTAG activities being This period may be extended through performed that quarter. These reports the termination date of MAHRA, if HUD will rate your application based must identify activities conducted, MAHRA is extended beyond this date. on your organization’s capacity and beneficiaries of assistance provided, (E) Grant Requirements. HUD will staffing to carry out activities of the kind evidence of information provided accept OTAG applications that propose proposed in your application. In rating tenants informing them of meetings and a term of up to three successive years. this factor HUD will consider the extent their responsibilities and specific results Your statement of work should propose to which your proposal demonstrates: achieved. activities for a one year period of time. (1) (5 points) The knowledge and (B) Auditing Requirements. OTAG The term of your grant begins on the direct experience of your proposed grantees must have an accounting date of the execution of your grant project director and staff, including the system that meets the OMB agreement and will be for a period of day-to-day program manager, requirements for financial management one year and may be renewed annually consultants and contractors in planning systems in 24 CFR part 84. for no more than a total of three years. and managing the kind of programs for All accounting and other records The grant period will only be extended which you are requesting funding. You associated with OTAG administration if the term of MAHRA is extended will be judged in terms of relevant and must be made available to HUD or its beyond September 30, 2001. The successful experience over the last five designee upon request. renewal will be based upon demand for years in undertaking eligible program (C) Conflict of Interest (CI) TA for tenants and your ability to activities. You must demonstrate you Requirements. perform the work stated in your have sufficient personnel, or access to (1) Funds received under the OTAG application submission (which must be qualified experts or professionals, to program shall not be used to supplant approved by HUD), and the availability enable you to deliver your proposed or duplicate other resources for the of funds. Your proposed annual grant activities in each proposed service area proposed activities. In carrying out your amount should not exceed $150,000. in a timely and effective fashion. duties under this program, you must For grantees that received an award Judgment of your capacity also includes avoid even the appearance of a conflict under the 1998 OTAG portion of the the readiness and ability of your of interest. All executives, board SuperNOFA, the proposed annual grant organization to immediately begin your members, key management personnel, amount should only reflect additional proposed work program. or any other person or entity with direct funding necessary to provide services to (2) (5 points) Your experience in or indirect control, are required to below-market properties in addition to managing programs similar in scope or execute a Conflict of Interest the M2M properties already being nature directly relevant to the work Certification at the time of execution of serviced under the 1998 OTAG grant. activities proposed and ability to carry your Grant Agreement and on each Your grant may be terminated if you fail out grant management responsibilities. anniversary date of execution. to complete the activities proposed for If you have managed large, complex, (2) If you are providing services under the initial one year grant period. HUD interdisciplinary programs, you should your Grant Agreement that are related to reserves the right to give the funds taken include the information as it will be a specific property, and any group from a grantee to another grantee, if used as evidence of your organization’s related to that property receives grant HUD determines that the other grantee management abilities. funds under an Intermediary Technical has greater demand and the capacity to (3) (5 points) If you received OTAG Assistance Grant (ITAG) program, you meet such demand. In carrying out all funding in previous years, your past must cease billing for activities related activities associated with the grant, experience will be evaluated in terms of to that property under the Grant grantees shall act on behalf of HUD, and your ability to attain demonstrated Agreement within 30 days. at all times act in HUD’s best interest. measurable progress in the (3) If you provide any services (e.g., implementation of your most recent consultant) to any property or entity V. Application Selection Process grant awards, as measured by your rate that receives ITAG or OTAG funding, Two types of reviews will be of draw down of funds and they must report such services and the conducted: (1) A threshold review to expenditures and measurable progress compensation received for such services determine applicant eligibility; and (2) in achieving the purpose for which in the reports submitted under the Grant evaluation of your response to the funds were provided. You should Agreement. All OTAG and consultant factors for award described below. indicate the name of the properties at services under an OTAG grant must be (A) Threshold Criteria For Funding which you have organized residents or maintained with separate records and Consideration. Under the threshold educational workshops you have funds cannot be co-mingled. review, your application will be conducted. If you currently have an on- (4) You may only receive funding ineligible for the competition if you are going grant with HUD, you must be able under another technical assistance grant not in compliance with the to demonstrate how you will be able to program (i.e., Public Entity Grants) if the requirements of the General Section of manage a new grant in addition to your proposed activities qualify under the the SuperNOFA and if you do not existing grant(s). If your organization terms of such grants and do not qualify as an Eligible Applicant as has not previously been an OTAG, duplicate activities eligible under your defined in Section III(B) of this OTAG indicate your organization’s ability to OTAG’s Grant Agreement. Section of the SuperNOFA. identify and organize residents and (D) Funding Requirements. The (B) Factors For Award Used To conduct educational workshops for competition in this program is for up to Evaluate and Rate Applications. The tenants of eligible OTAG properties. $6.0 million to fund resident-controlled factors for rating and ranking applicants, Training is to be conducted in a nonprofit organizations, community- and maximum points for each factor, are reasonable time period, within budget, based organizations and public entities provided below. The maximum number and in an effective manner. This in the pursuit of OTAG activities. Up to of points for this program is 102. This criterion can be demonstrated through $6.0 million will be awarded in Fiscal includes two EZ/EC bonus points, as past performance, as evidenced by

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00461 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9782 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices previous experience and success in HAP contracts expire between January (2) (10 points) Achieve the purposes outreach, training, recruitment, 2000 and December 31, 2003. Points of the program for which funding is counseling, and development of tenant will be awarded based on the following: requested and result in measurable nonprofit organizations. References accomplishments that are consistent should be included that indicate groups Number of projects with project- Points with the purposes of the program. of individuals, entities, and projects that based assistance awarded (3) (10 points) Be undertaken using technically competent methodologies received training, along with contact 600 and over ...... 15 information. 400±599 ...... 12 for conducting the work to be performed (4) (5 points) Applicants that can 300±399 ...... 10 and using a cost effective plan for demonstrate they have the staff capacity 200±299 ...... 8 designing, organizing and carrying out to cover state-wide Outreach and 100±199 ...... 6 the proposed activities. The proposed Training activities will receive a greater cost estimates should be reasonable for number of points than applicants who Additional points will be awarded the work to be performed and consistent can only provide assistance to smaller based on the number of properties in with rates established for the level of area(s) within a state. Any applicant that which the owner has opted-out of the expertise required to perform the work can clearly demonstrate the ability to Section 8 contract within the geographic in the proposed geographic area. cover the entire state will receive 5 area in the period from 1997–1999. Rating Factor 4: Leveraging Resources points. Applicants who propose to cover (10 Points) less than the entire state will receive Section 8 opt-out properties 1997 Points proportionally fewer points. total This factor addresses your ability to secure community assets, resources (5) (5 points) Your fiscal capability in 30+ ...... 10 meeting the reporting and audit 20±29 ...... 6 and/or financing to achieve program requirements of 24 CFR part 84 under 10±19 ...... 4 purposes. In evaluating this factor HUD past awards. The ability of your key staff 5±9 ...... 2 will consider: to handle, manage, and adequately 1±4 ...... 1 (1) (5 points) The extent to which you account for financial resources, and to have leveraged resources, such as use acceptable financial control A list of projects with project-based funding and/or in-kind services from procedures, demonstrated through your assistance and a list of properties in governmental entities, private past performance with federal, state or which the owner opted out of Section 8 organizations, resident management local funds, or if you had not previously will be made available with the organizations, educational institutions, been an OTAG, ensure that you can application kit. or other entities to help you implement meet the requirements. Your ability to your program activities. Rating Factor 3: Soundness of (2) (5 points) The extent to which you maintain records and report to HUD on Approach (30 Points) the types of TA services provided, the have partnered with other entities to locations served and the beneficiaries of This factor addresses the quality and make more effective use of available the TA, as well as your ability to cost-effectiveness of your proposed public or private resources. Partnership identify Best Practices or innovative work plan. There must be a clear arrangements may include, but are not approaches and document approaches relationship between your proposed limited to, funding or in-kind services in a manner that others can use to help activities, community needs and the from local governments or government create or organize tenant groups. If you, purpose of the program funding to agencies, nonprofit or for-profit entities, or any staff person or consultant receive points for this factor. This factor private organizations, educational associated with your organization, will be evaluated based on the extent to institutions or other entities that are intends to seek other technical which your proposed activities will: willing to partner with the applicant on assistance funding, as a consultant or by (1) (10 points) Help solve or address proposed activities in order to leverage any other means, under section 514 of an urgent need or problem in the area resources, or partnering with other MAHRA (i.e. Intermediary Technical identified in Rating Factor 2. The program funding recipients to make Assistance Grant program), you must impact of the activity will be evaluated, more effective use of resources within demonstrate that you can maintain the including the tangible benefits to be the geographic area covered by the financial systems required to avoid even attained by the properties in the award either within the community or the appearance of a conflict of interest geographic area being applied for, and within the field office jurisdiction in or duplication of funding. Evidence of by the target population, including which activities are occurring. You may meeting this criteria can be shown by affirmatively furthering fair housing for partner directly or in concert with the demonstrated performance of a classes protected under the Fair others to more effectively address needs recent audit review of your organization Housing Act. You will receive a greater of underserved populations, rural areas, or consultant or a satisfactory HUD number of points if your activities aid minority groups or other client groups Field Office Management Review. a broad diversity of eligible client or that need attention either in the target beneficiary groups, including those that area or the area covered by the field Rating Factor 2: Need/Extent of the have been traditionally underserved, office jurisdiction in which the Problem (25 Points) and help increase community awareness activities are to take place. This factor addresses the extent to in a culturally sensitive manner through Evidence of commitment must which there is a need for funding the education and outreach. HUD will include letters of firm commitment proposed program activities and an consider, within the context of your signed by the chief executive officer of indication of the urgency of meeting the program, the extent to which your organizations legally able to commit the need in the area you targeted for activities are providing for geographic organization, indicating the dollars or assistance. Need will be evaluated based coverage for articulated needs, and will in-kind services or donations to be on the number of properties with assist or result in a community taking provided to the applicant to conduct project-based assistance in the actions to overcome the effects of your program activities. Letters of geographic area for which you propose problems created by the expiration of commitment, memoranda of to provide services and in which the project-based section 8 assistance. understanding, or agreements to

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00462 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9783 participate must be signed by an official (c) The HUD Field Office that has Acquisition Regulations (for all other of the organization legally able to make responsibility for the projects in which applicants). This information should commitments for the organization. The you will carry out activities. contain the name and telephone number greater the leverage, the higher the (C) Selections. HUD will review each of the Independent Auditor, cognizant number of points awarded. OTAG application and assign up to 102 federal auditor, or other audit agency, as points, in accordance with the criteria applicable. Rating Factor 5: Comprehensiveness & described in this Section. After rating, Coordination (10 Points) the staff will rank the applications VI. Application Submission Requirements This factor addresses the extent to received from applicants in geographic which the applicant coordinates its areas that did not receive funding in the (A) Your OTAG application must activities with other known 1998 NOFA according to score and will contain the items listed in this Section organizations, participates or promotes fund them in rank order. The staff will VI(A). These items include the standard participation in a community’s then rank the applications received from forms, certifications, and assurances Consolidated Planning process, and is applicants that received funding in the listed in the General Section of the working toward addressing a need in a 1998 NOFA, and to the extent that funds SuperNOFA that are applicable to this holistic and comprehensive manner remain, will fund them in rank order. funding (collectively, the ‘‘standard through linkages with other activities in Funds will be awarded based upon forms’’). The standard forms can be the community. In evaluating this the highest scores, which represent the found in Appendix B to the General factor, HUD will consider the extent to best overall assessment of the potential Section of the SuperNOFA. (Some of the proposed work activities for which you can demonstrate that you programs in this SuperNOFA, in achieving the principal objectives of this have: addition to the standard forms use competition. Applicants not found to be additional forms (i.e., excluding such (1) (4 points) Coordinated your technically qualified will not be items as narratives to the rating factors, proposed activities with other groups or considered for funding. If two or more letters, etc.) that are referred to as the organizations prior to submission of applications have the same number of ‘‘non-standard forms.’’ This program your application to best complement, points, a resident-controlled (51 percent does not use any non-standard forms.) support and coordinate all known or more of Board participation by HUD The application items are as follows: activities, and outline the specific steps tenants) nonprofit organization will (1) Application for Federal you will take to share information on receive priority rating over a nonprofit Assistance, SF–424; solutions and outcomes with others. organization that is not resident- (2) Federal Assistance Funding You must submit any written controlled. Matrix, HUD–424M; agreements or memoranda of HUD reserves the right to make (3) Budget Information, SF–424A; understanding that will be in place after selections out of rank order to provide (4) Assurances for Non-Construction, the award has occurred. for geographic distribution of funded SF–424B (2) (3 points) Taken or will take OTAGs. The approach HUD will use, if (5) Certification of Drug-Free specific steps to become active in the it decides to implement this option, will Workplace, HUD–50070; community’s Consolidated Planning be to award to the highest ranked (6) Disclosure of Lobbying Activities, process (including the Analysis of applicant in a state, and to fund the next SF–LLL (if applicable); Impediments to Fair Housing Choice) highest ranked applicants in another (7) Applicant/Recipient Disclosure/ established to identify and address a state before duplicating funding for any Update Form, HUD–2880; need/problem that is related to the one state. (8) Certification Regarding Debarment activities the applicant proposes. In the After all applications have been rated and Suspension, HUD–2992; case of technical assistance providers, and ranked and selections have been (9) Certification of Consistency with you should describe the specific steps made, HUD may require that all winners the EZ/EC Strategic Plan, HUD–2990 (if you will take to work with recipients of participate in negotiations to determine applicable); technical assistance services to inform the specific terms of the Statement of (10) A narrative response to Rating them of, and get them involved in, the Work and the grant budget. In cases Factor 1—Capacity. Information about community’s Consolidated Planning where HUD cannot successfully applicant, including your history, staff process. The Department will review conclude negotiations, or a selected qualifications, and experience (two page more favorably applicants who can applicant fails to provide HUD with limit), including any written agreements demonstrate they are active, will requested information, awards will not or signed letters of understanding in become active, or in the case of be made. In such instances, HUD may support of Rating Factor 1; technical assistance providers, work elect to offer an award to the next (11) In response to Rating Factor 2, a with recipients of technical assistance to highest ranking applicant. After award map outlining the proposed geographic get them involved in the local but before grant execution, winners will area in which you will perform OTAG Consolidated Planning (CP) process. be required to provide a certification activities, including your determination from an Independent Public Accountant of the number of Projects with HAP (3) (3 points) Taken or will take or the cognizant government auditor, contract expirations between January 1, specific steps to develop linkages to stating that the financial management 2000 and December 31, 2003 and the coordinate comprehensive solutions system employed by the applicant meets number of Section 8 contracts that an through meetings, information prescribed standards for fund control owner has opted out of during the networks, planning processes or other and accountability required by OMB period from 1997–1999. mechanisms with: Circular A–133, Uniform Administrative (12) A narrative response to Rating (a) Other HUD-funded projects/ Requirements for Grant Agreements Factor 3, including a proposed plan of activities outside the scope of those With Institutions of Higher Education, activities you will carry out, including covered by the Consolidated Plan; and Hospitals, and other Non-Profit your proposed budget to carry out the (b) Other federal, state or locally Organizations, Revised OMB Circular proposed activities (two page limit); funded activities, including those A–110, or 24 CFR part 85 for states and (13) A narrative response to Rating proposed or on-going in the community. local governments, or the Federal Factor 4, including signed third-party

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00463 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9784 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices commitment letters pledging funds in VIII. Environmental Requirements leasing or repair for HUD assistance support of Rating Factor 4: ‘‘Leverage of under these technical assistance In accordance with 24 CFR 50.19(c)(9) other financial resources’’; programs. (14) A narrative response to Rating and (13) and 58.34(a)(9) and 58.35(b)(2), Factor 5; and the assistance provided by these IX. Authority (15) Acknowledgment of Application programs relates only to the provision of Section 514, Multifamily Assisted Receipt form. technical assistance and supportive (B) Your application must meet all the services (up to $6.0 million) and is Housing Reform and Affordability Act applicable threshold requirements of the categorically excluded from the of 1997, and section 534 of the General Section of this SuperNOFA. requirements of the National Department of Veteran Affairs and Environment Policy Act and not subject Housing and Urban Development and VII. Corrections to Deficient to environmental review under the Independent Agencies Appropriations Applications related laws and authorities. This Act, 2000. The General Section of the determination is based on the BILLING CODE 4210±32±P SuperNOFA provides the procedures for ineligibility of real property acquisition, corrections to deficient applications. construction, rehabilitation, conversion,

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00464 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9785

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00465 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00466 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9787

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00467 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00468 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9789

FUNDING AVAILABILITY FOR THE development project or a regional Satellite Broadcast. HUD will hold an ECONOMIC DEVELOPMENT economic development project. information broadcast via satellite for INITIATIVE (EDI) See the General Section of this potential applicants to learn more about SuperNOFA for specific procedures Program Overview the program and preparation of the governing the form of application application. For more information about Purpose of the Program. HUD intends submission (e.g., mailed applications, the date and time of the broadcast, you the approximately $24.1 million in EDI express mail, overnight delivery, or should consult the HUD web site at funds to stimulate economic hand carried). http://www.hud.gov. development by local governments and Address for Submitting Applications. II. Amount Allocated private sector parties. HUD desires to To HUD Headquarters. Submit your see EDI and Section 108 funds used to completed application (an original and A maximum of $24.1 million is finance projects and activities that will one copy) to: Processing and Control available for the EDI program for FY provide near-term results and Unit, Room 7251, Office of Community 2000, as appropriated in Pub.L. 106–74, demonstrable economic benefits, such Planning and Development, Department the FY 2000 HUD Appropriations Act. as job creation and increases in the local of Housing and Urban Development, If any additional funds become tax base. EDI funds are used to enhance 451 Seventh Street, SW, Washington, available during Fiscal Year 2000, HUD the security of a loan guaranteed by DC 20410, Attention: EDI Grant, by mail may either fund additional applicants in HUD under Section 108 of the Act (as or hand delivery. accordance with this program section of defined in Section III(A)(1) below). An To the Appropriate CPD Field Office. this SuperNOFA or may add these funds EDI grant must be used in conjunction At the same time you submit your to any future EDI competitions. If with a new Section 108 guaranteed loan application to HUD Headquarters, you additional funds are used for this commitment. In FY 2000, two types of must submit an additional copy of your competition, they shall be distributed in projects are eligible for funding: general application to the Community Planning proportion to the demand for funds in economic development projects and and Development Division of the general economic development projects regional economic development appropriate HUD Field Office for your and regional economic development projects. jurisdiction. projects. Eligible applications in both When submitting your application, Available Funds. Approximately categories will be funded in rank order. please refer to EDI, and include your $24.1 million is available for EDI grants III. Program Description; Eligible name, mailing address (including zip as follows: Applicants; Eligible Activities code) and telephone number (including (1) Up to $14.1 million for proposals area code). (A) Program Description. EDI funds for general economic development For Application Kits. For an are used to enhance the security of a projects, and; application kit and any supplemental loan guaranteed by HUD under Section (2) Up to $10.0 million for regional information, please call HUD’s 108 of the Act (as defined in Section economic development projects. SuperNOFA Information line toll free at III(A)(1) below) for the same project, or Eligible Applicants. Eligible 1–800-HUD–8929. When requesting the to improve the viability of the project applicants are Community Development application kit, please refer to EDI. financed with the Section 108- Block Grant entitlement units of general Please provide your name, address guaranteed loan. An EDI grant must be local government and non-entitlement (including zip code), and telephone used in conjunction with a new Section units of general local government number (including area code). The 108 guaranteed loan commitment. Both eligible to receive loan guarantees under application kit also will be available on Section 108 loan guarantee proceeds 24 CFR part 570, subpart M. Urban the Internet through the HUD web site and EDI grant funds are initially made counties as defined in 24 CFR 570.3 and at http://www.hud.gov. Persons with available by HUD to public entities 570.307 may apply for funding, but hearing or speech impairments may call approved for assistance. Such public units of general local government which the Center’s TTY number at 1–800– entities may re-loan the Section 108 participate in the Urban County may not HUD–2209 to obtain an application kit. loan proceeds and provide EDI funds to submit an application independent of For Further Information and a business or other entity to carry out an the Urban County. Technical Assistance. You may contact approved economic development Application Deadline. May 24, 2000. either Tony Johnston or Paul Webster of project, or the public entity may carry Match. None. the Office of Economic Development out the eligible project itself. In either Department of Housing and Urban case, EDI grant funds and the 108 Additional Information Development, 451 Seventh Street, SW, proceeds must be used together to If you are interested in applying for Room 7136, Washington, DC 20410; support the same eligible project. funding under this program, please telephone (202) 708–1871 (this is not a In addition to funding general review carefully the General Section of toll-free number). Persons with speech economic development projects, HUD is this SuperNOFA and the following or hearing impairments may access this announcing for FY 2000 its intention to additional information. number via TTY by calling the toll-free target a specific amount for regional Federal Information Relay Service at 1– economic development projects. I. Application Due Date, Application 800–877–8339. Regional economic development Kits, Further Information, and See the General Section of this projects are those which demonstrate Technical Assistance SuperNOFA for guidance on the broad economic benefit to a region and Application Due Date. Please submit provision of technical assistance for EDI result from a project undertaken by your completed applications (one grants. The Section 108 Loan Guarantee combinations of units of general local original and two copies) on or before program is not a competitive program governments formalized through an 12:00 midnight, Eastern time, on May and therefore is not subject the HUD executed inter-municipal agreement 24, 2000, to the addresses shown below. Reform Act. HUD staff will be available among the participants. HUD believes In your transmittal letter, please to provide advice and assistance to such projects are deserving of special indicate whether you are applying for develop your Section 108 loan consideration based on their cross- funding as a general economic applications. jurisdictional and regional benefits,

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00469 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9790 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices including the generation of collateral disqualify the application from further have the meanings given in 24 CFR part economic development, tax revenues funding as a regional economic 570 unless otherwise specified. and jobs. The inter-municipal or development project. Upon HUD Act means Title I, Housing and cooperative agreement must authorize approval of the regional economic Community Development Act of 1974, one of the participating units of general development project, each participating as amended, (42 U.S.C. 5301 et seq.). local government to serve as the lead partner would be awarded an EDI grant Application means a single set of applicant for the FY 2000 EDI grant that will be accompanied by a related documents submitted by an eligible application. To the maximum extent Section 108 loan guarantee to finance applicant for EDI grant funds possible, HUD will deal exclusively the member’s activities under the accompanied by a Section 108 loan with the lead entity with respect to regional development project. Such guarantee request in accordance with issues of coordination, program activities might be carried out within a the provisions of this program section of administration, execution of grant participating partner’s own jurisdiction, this SuperNOFA to finance a general agreements and loan documents. partly in the partner’s jurisdiction and economic development project. For a regional economic development project, One application shall be submitted for partly outside of it, or completely an Application also means a single each regional economic development outside of it. If the participating partner application submitted by an eligible project which must consist of two parts: carries out an activity outside of its lead applicant (Part I) and other eligible Part I, Lead Applicant’s Submission, jurisdiction, it must demonstrate that participating units of general local must include a Cooperative Agreement such an activity is necessary to further government (Part II) in accordance with which stipulates a workplan for the the community development objectives the provisions of this program section of regional economic development project. of the regional economic development this SuperNOFA to finance activities The Cooperative Agreement must be project and that reasonable benefits from the activity will accrue to residents under the region economic development executed by the chief executives of the project. participating jurisdictions. The within the member’s jurisdiction. The participating partner shall document the CDBG funds means those funds Cooperative Agreement workplan must collectively defined at 24 CFR 570.3, basis for such determination as part of indicate the overall purpose, objectives including grant funds received pursuant its plan under Part II of the application. and accomplishments expected from to section 108(q) of the Act and this Each participating partner will be carrying out the project. Your program section of this SuperNOFA. application shall also include the expected, if the application is approved, Economic Development Initiative Standard Form 424, the required to execute a separate EDI agreement, (EDI) means the competitive award of certifications signed by the lead Section 108 commitment, set of section economic development grant assistance applicant, and other materials as 108 promissory notes and Contracts for under section 108(q) of the Act, as described in Section IV(D) of this Loan Guarantee Assistance covering the authorized by Section 232 of the program section of this SuperNOFA. EDI and Section 108 funds to be Multifamily Housing Property The lead applicant shall be responsible expended by such jurisdiction. Disposition Reform Act of 1994 (Pub.L. for coordinating actions of the workplan HUD will rate the regional economic 103–233, approved April 11, 1994). with respect to timing and scheduling. development project as a whole, Economic development project means Part II of the application, Participating including the details included in the an activity or activities (including Members’ Plans, shall contain discrete Cooperative Agreement workplan mixed use projects with housing EDI and Section 108 loan guarantee submitted by the applicant. Economic components) that are eligible under the requests by each participating member development projects may include Act and under 24 CFR 570.703, and that identifying activities to be financed by projects where the participating partners increase economic opportunity for the jurisdiction with grant funds and invest in one project with each persons of low- and moderate-income or guaranteed loan proceeds and shall participating partner’s role (e.g. specific that stimulate or retain businesses or meet the other requirements described contributions to the project, funding jobs or that otherwise lead to economic more fully in Section VI D(2). The being provided) demonstrating how the revitalization. Unless the context member submission must be consistent activity is both necessary to further the indicates otherwise, the term economic with the member’s applicable portion of regional objectives while accruing development project includes a the Cooperative Agreement submitted benefits to residents of the jurisdiction. ‘‘regional economic development by the lead applicant. HUD reserves the An economic development project project’’ as defined below. right to clarify any discrepancies might also include projects carried out Empowerment Zone or Enterprise between the lead applicant’s submission within the boundaries of each Community means an urban area so and the participating member’s participating member’s jurisdiction designated by the Secretary of HUD submission under the provisions where the effect of carrying out the pursuant to 24 CFR part 597 or part 598, regarding technical discrepancies project activities in multiple or a rural area so designated by the described in the General Section of the jurisdictions will create a regional Secretary of Agriculture pursuant to 7 SuperNOFA. However, if the synergy that will result in a reduction or CFR part 25, subpart B. discrepancies cannot be clarified to the elimination of high poverty levels, high General Economic Development satisfaction of the Department, HUD unemployment rates or otherwise Project means an activity or activities reserves the right to eliminate the support other on-going economic (including mixed use projects with member jurisdiction’s application and development projects. housing components) that are eligible fund the remaining portions of the HUD reserves the right to determine under the Act and under 24 CFR application provided the integrity of the whether an application qualifies for 570.703, and that increase economic regional economic development project ranking as a regional economic opportunity for persons of low- and is intact. However, if HUD determines development project as described above, moderate-income or that stimulate or the removal of one or more members’ or meets the general economic retain businesses or jobs or that applications destroys the integrity or development project category. otherwise lead to economic financial feasibility of the economic (1) Definitions. Terms used in this revitalization through projects that are development project, HUD will program section of this SuperNOFA carried out by a single jurisdiction.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00470 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9791

Strategic Plan means a strategy (c) For FY 2000, the Section 108 ensure that the project-based asset(s) developed and agreed to by the program is authorized at $1.261 billion will satisfy the additional collateral nominating local government(s) and in loan guarantee authority. The full requirements. State(s) and submitted in partial faith and credit of the United States will (6) Typical Project Structures. fulfillment of the application be pledged to the payment of all Provided that proposals are consistent requirements for an Empowerment Zone guarantees made under Section 108. with other CDBG requirements, or Enterprise Community designated Under this program, communities (and including national objectives, HUD pursuant to 24 CFR part 597 or part 598. States, if applicable) pledge their envisions that the following project Regional economic development continuing CDBG allocations as security structures could be typical: project means an activity or activities for loans guaranteed by HUD. The (a) Funding Reserves. The cash flow (including mixed use projects with Section 108 program, however, does not generated by an economic development housing components) that are eligible require CDBG funds to be escrowed for project may be expected to be relatively under the Act and under 24 CFR loan repayment (unless such an ‘‘thin’’ in the early stages of the project, 570.703, and that increase economic arrangement is specifically negotiated as i.e. potentially insufficient cash flows to opportunity for persons of low- and loan security and included in the meet operating expenses and debt moderate-income or that stimulate or applicable ‘‘Contract for Loan Guarantee service obligations. The EDI grant can retain businesses or jobs or that Assistance’’). This means that a make it possible for reserves to be otherwise lead to economic community can ordinarily continue to established in a way that enhances the revitalization through projects that spend its existing allocation for other economic feasibility of the project. generate economic benefit to a region or CDBG purposes, unless needed for loan (b) Over-Collateralizing the Section multi-jurisdictions. Especially, a repayment. 108 Loan. (i) The use of EDI grant funds may be regional economic development project (3) EDI Program. The EDI program structured in appropriate cases to shall (a) have participant members was enacted in 1994 and is intended to improve the likelihood that project- whose jurisdictional borders are complement and enhance the Section generated cash flow will be sufficient to contiguous with those of at least one 108 Loan Guarantee program. A purpose cover debt service on the Section 108 other participating member, (b) be of EDI grant funds is to reduce grantees’ loan and directly to enhance the carried out by a combination of at least potential loss of future CDBG security of the guaranteed loan. One two units of general local government, allocations: (a) By strengthening the economic technique for accomplishing this (c) be carried out under a written feasibility of the projects financed with approach is over-collateralization of the cooperative agreement among the Section 108 funds (and thereby Section 108 loan. participating units of general local increasing the probability that the (ii) An example is the creation of a government with an attached workplan project will generate enough cash to loan pool funded with both Section 108 detailing the activities to be carried out repay the guaranteed loan); and EDI grant funds. The community and the accomplishments to be realized. (b) By directly enhancing the security would make loans to various businesses (2) Background. (a) HUD has multiple of the guaranteed loan; or from the combined pool at an interest programs which are intended to (c) Through a combination of these or rate equal to or greater than the rate on stimulate and promote economic and other risk mitigation techniques. the Section 108 loan. The total loan community development. Primary (4) Purpose of EDI Funding. HUD portfolio would be pledged to the among HUD’s resources are the intends the approximately $24.1 million repayment of the Section 108 loan. Community Development Block Grant in EDI funds to stimulate economic (c) Direct Enhancement of the (CDBG) program and the Section 108 development by local governments and Security of the Section 108 Loan. The loan guarantee program. private sector parties. HUD desires to EDI grant can be used to cover the cost (b) The CDBG program provides grant see EDI and Section 108 funds used to of providing credit enhancements. An funds (approximately $4.240 billion in finance projects and activities that will example of how the EDI grant can be FY 2000) by formula to eligible local provide near-term results and used for this purpose is by using the governments (either directly or through demonstrable economic benefits, such grant funds to cover the cost of a States) to carry out community and as job creation and increases in the local standby letter of credit, issued in favor economic development activities. The tax base. of HUD. This letter of credit will be Section 108 loan guarantee program (5) Additional Security for Section available to fund amounts due on the provides local governments with a 108 Loan Guarantee. Public entities Section 108 loan if other sources fail to source of financing for economic should be mindful of the need to materialize and thus will serve to development, public facilities and other provide additional security for the protect the public entity’s future CDBG eligible large scale physical Section 108 loan guarantee pursuant to funds. development projects. HUD is 24 CFR 570.705(b)(3). Although a public (d) Provision of Financing to For- authorized pursuant to Section 108 to entity is required by the Act to pledge Profit Businesses at a Below Market guarantee notes issued by CDBG its current and future CDBG funds as Interest Rate. entitlement communities, and non- security for the Section 108 loan (i) While the rates on loans entitlement units of general local guarantee, the public entity will usually guaranteed under Section 108 are only government eligible to receive funds be required to furnish additional slightly above the rates on comparable under the State CDBG program. The collateral. In most cases, the additional U.S. Treasury obligations, they may Section 108 program is subject to the collateral consists (in whole or in part) nonetheless be higher than can be regulations of 24 CFR part 570 of the asset financed with the Section afforded by businesses in severely applicable to the CDBG program, as 108 loan funds (e.g., a loan made to a economically distressed neighborhoods. described in 24 CFR part 570, subpart business as part of an economic The EDI grant can be used to make M. EDI grants must support Section 108 development project). Applications Section 108 financing affordable. loan guarantees as generally described proposing uses for EDI funding that (ii) EDI grant funds could serve to in this program section of this directly enhance the value of the assets ‘‘buy down’’ the interest rate up front, SuperNOFA. securing the Section 108 loan will help or make full or partial interest

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00471 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9792 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices payments, allowing the businesses to be meet a national objective of the CDBG objective requirements, and meet the financially viable in the early start-up program as described in 24 CFR citizen participation requirements in the period not otherwise possible with 570.208. You must clearly identify in applicable jurisdiction, as required Section 108 alone. This strategy would your narrative statement (as described under 24 CFR 570.704. be particularly useful where a in Section V.(B) below) the CDBG (B) Compliance with Applicable Laws. community was undertaking a large national objective your proposed project An award of EDI funding does not in commercial/retail project in a distressed will achieve and provide the any way relieve you or third party users neighborhood to act as a catalyst for appropriate CDBG national objectives of EDI funds from compliance with all other development in the area. regulatory citation found at 24 CFR applicable Federal, State and local laws. (e) Combination of Techniques. You 570.208. Also, you must address, when (C) Related Section 108 Loan could employ a combination of these or applicable, how your proposed Guarantee Application. other techniques in order to implement activities will comply with the public (1) Each EDI application must be a strategy that carries out an economic benefit standards of the CDBG program accompanied by a request for new development project. as reflected in the regulation at 24 CFR Section 108 loan guarantee assistance. (B) Eligible Applicants. (1) Any public 570.209 for the CDBG Entitlement and Notwithstanding the form of your entity eligible to apply for Section 108 Small Cities programs or 24 CFR request for new section 108 loan loan guarantee assistance pursuant to 24 570.482 for the State CDBG program. guarantee assistance under paragraphs CFR 570.702 may apply for EDI grant (3) In the aggregate, your use of CDBG (a), (b), (c), or (d) of this section below, assistance under Section 108(q). Eligible funds, including any Section 108 loan you must include citations to the applicants are CDBG entitlement units guarantee proceeds and section 108(q) specific regulatory subsections of general local government and non- (EDI) funds provided pursuant to this supporting activity eligibility and entitlement units of general local program section of this SuperNOFA, national objectives compliance for the government eligible to receive loan must comply with the CDBG primary project described in your application. guarantees under 24 CFR part 570, objectives requirement as described in Both the EDI and Section 108 funds subpart M. Urban Counties, as defined section 101(c) of the Act and 24 CFR must be used in conjunction with the at 24 CFR 570.3 and 570.307, are 570.200(c)(3), or 24 CFR 570.484 in the same economic development project. eligible applicants for EDI funds; units case of State grantees. This request may take any of several of general local government which (4) For purposes of a unit of general forms as defined below. participate in an Urban County program local government’s compliance with (a) A formal application for new are not independently eligible CDBG primary and national objectives Section 108 loan guarantee(s), including applicants. For non-entitlement and public benefit regulations for the documents listed at 24 CFR applicants other than those subject to 24 regional economic development 570.704(b). CFR 570, subpart F, applicants will be projects, only the EDI grant funds and (b) A brief description (not to exceed required to provide proof that the State section 108 loan guarantee proceeds three pages) of the project to be applied will support the related Section 108 made available to each unit of general for in a new Section 108 loan guarantee loan with a pledge of its CDBG funds local government participating in the application(s). Such 108 application(s) pursuant to the requirements of 24 CFR project shall be counted toward that must be submitted within 60 days of a 570.705(b)(2). Note that effective unit’s primary objective, low and notice of EDI selection, with HUD January 25, 1995, non-entitlement moderate income benefit national reserving the right to extend such period public entities in the states of New York objective, and public benefit percentage on a case-by-case basis where HUD and Hawaii were authorized to apply to goals. In addition, each unit of general determines there is evidence of good HUD for Section 108 loans (see 59 FR local government’s Section 108 cause. EDI awards will be conditioned 47510, December 27, 1994). Thus, non- outstanding obligations for purposes of on approval of actual Section 108 loan entitlement public entities in all 50 compliance with 24 CFR 570.705(a)(2) commitments. This Section 108 states and Puerto Rico are eligible to (regarding maximum outstanding application description must be participate in the Section 108 and EDI section 108 guaranteed obligations) sufficient to support the basic eligibility programs. shall include only those obligations of the proposed project and activities for (2) Applicants for both general issued by such unit of general local Section 108 assistance. (See Section economic development projects and government itself, not those issued by III(C) of this program section of this regional economic development projects other participating jurisdictions. SuperNOFA.) must comply with the threshold (c) A copy of a pending, unapproved IV. Program Requirements requirements of Section II of the Section 108 loan guarantee application, General Section of the SuperNOFA. (A) CDBG Program Regulations. In and any proposed amendments to the (C) Eligible Activities and National addition to 24 CFR 570.701 Section 108 application which are Objectives. (1) EDI grant funds and (Definitions), 570.702 (Eligible related to the EDI application. The section 108 loan guarantee funds may be applicants), and 570.703 (Eligible applicant’s submission of such an EDI/ used for activities listed at 24 CFR activities), as explained elsewhere in Section 108 application shall be deemed 570.703, provided such activities are this program section of the SuperNOFA, by HUD to constitute a request to carried out as part of an economic the CDBG regulatory requirements in 24 suspend separate processing of the development project as described in this CFR 570.707, including subparts J Section 108 application. The Section EDI section of this SuperNOFA (Grant Administration), K (Other 108 application will not be approved including Section III(A). If your Program Requirements), and O until on or after the date of the related application fails to meet the (Performance Reviews) govern the use of EDI award. requirements for an EDI project as set EDI funds, as applicable. As with (d) A request for a Section 108 loan forth in this program section of the general economic development projects, guarantee assistance (analogous to SuperNOFA, HUD will not give it a participants in regional economic Section IV(C)(1)(a) or (b) above) that rating. development projects must insure that proposes to increase the amount of a (2) Each activity assisted with Section all activities carried out with EDI funds previously approved application. 108 loan guarantee or EDI funds must are eligible activities, they meet national However, any amount of Section 108

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00472 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9793 loan guarantee authority approved fails to fulfill the goals of the EDI (3) If additional EDI grant funds before HUD’s announcement of an EDI program. become available (e.g., from recaptures, grant for the same project is not eligible (E) Time-frames. EDI grant awards appropriations) to HUD, HUD reserves under this program section. will contain conditions requiring you to the right to award grants under this (2) Further, a Section 108 loan adhere to your stated time-frames for SuperNOFA during FY 2000 whose guarantee amount that is required to be implementing your proposed projects aggregate total may exceed the $24.1 used in conjunction with a prior EDI or and drawing Section 108 and EDI funds. million announced in this program Brownfields Economic Development If you fail to adhere to these schedules, section of this SuperNOFA, up to the Initiative (BEDI) grant award, whether HUD may recapture the EDI funds. maximum amount authorized by law. If or not the Section 108 loan guarantee (F) Limitations on Grant Amounts. (1) HUD decides to award grants from these has been approved as of the date of this HUD expects to approve EDI grant additional funds, HUD may make such SuperNOFA, is not eligible for an EDI amounts for approvable applications at funds available in proportion to the award under this SuperNOFA. For a range of ratios of EDI grant funds demand for funds in either the general example, if a public entity has a awarded to new Section 108 loan economic development projects or previously approved Section 108 loan guarantee commitments, but the regional economic development projects guarantee commitment of $12 million, minimum ratio will be $1 of Section 108 and the projects shall be funded in rank even if none of the funds have been loan guarantee commitments for every order. utilized, or if the public entity had $1 of EDI grant funds. However, if you (4) In the event you are awarded an previously been awarded an EDI grant of propose a leverage ratio of 1:1, you will EDI grant that has been reduced below $1 million and had certified that it will not receive any points under Rating the original request (e.g. the application submit a Section 108 loan application Subfactor 4(1): ‘‘Leverage of Section 108 contained some activities that were for $10 million in support of that EDI Funds.’’ For example, an applicant ineligible or there were insufficient grant, the public entity’s EDI application requesting an EDI grant of $1 million funds to fund the last competitive under this SuperNOFA must propose to will be required to leverage a minimum application at the full amount requested increase the amount of its total Section of at least $1 million in new Section 108 or there were technical deficiencies that 108 loan guarantee commitments loan guarantee commitments. Of course, could not be resolved), you will be beyond those amounts (the $12 million even though there is a minimum ratio of required to modify your project plans 1:1, applications with higher ratios will or $10 million in this example) to which and application to conform to the terms receive more points under Rating Factor it has previously agreed. of HUD’s approval before HUD will 4, ‘‘Leveraging Resources/Financial (D) Limitations on Use of EDI and execute a grant agreement. HUD also Need’’ and, all other things being equal, will proportionately reduce or Section 108 Funds. Certain restrictions will be more competitive. You should deobligate the EDI award if you do not shall apply to the use of EDI and Section propose projects with a greater leverage submit approvable Section 108 loan 108 funds: ratio of new Section 108 to EDI grant guarantee applications on a timely basis (1) EDI grants must not be used as a funds (assuming such projects are (including any extension authorized by resource to immediately repay the financially viable). For example, $1 HUD) in the amount required by the principal of a loan guaranteed under million of EDI could leverage $12 EDI/108 leveraging ratio which will be Section 108. Repayment of principal is million of new Section 108 loan approved by HUD as a special condition only permissible with EDI grant funds commitments. HUD intends that the EDI of the EDI grant award (see Section as a matter of security if other sources funds will be used for projects which IV(E)(1) above of this program section of projected for repayment of principal leverage the greatest possible amount of the SuperNOFA). Any modifications or prove to be unavailable. Section 108 loan guarantee amendments to your application (2) You may not use Section 108 commitments. Because a fundable approved pursuant to this SuperNOFA, funds to finance activities that also application is competitive in part whether requested by you or by HUD, include financing generated through the because of the applicant’s proposed must be within the scope of the issuance of federally tax exempt ratio of EDI funds to funds guaranteed approved original EDI application in all obligations. Pursuant to Office of by a Section 108 loan guarantee, HUD respects material to rating the Management and Budget (OMB) will condition a EDI grant award on the application, unless HUD determines Circular A–129 (Policies for Federal grantee’s achievement of that specific that the revised application remains Credit Programs and Non-Tax ratio. Your failure to meet that condition within the competitive range and is Receivables), Section 108 guaranteed by obtaining timely HUD approval of a otherwise approvable under this loan funds may not directly or commitment for, and issuance of, the SuperNOFA competition. indirectly support federally tax-exempt required Section 108 guaranteed (5) In the case of requested increase in obligations. obligations ratio may result in the guarantee assistance for a project with a (3) HUD will not consider for funding cancellation and recapture of all or a previously approved Section 108 loan any EDI proposal in which the related proportionate share of the EDI grant guarantee commitment (as further Section 108 loan guarantee would be award. discussed in Section IV(C)(1)(d), above), used solely as security. EDI funds are to (2) HUD will cap EDI awards at a the EDI assistance approved will be be used to support and enhance maximum of $2 million for both general based on the increased amount of activities financed with Section 108 and regional economic development Section 108 loan guarantee assistance. loan guarantee proceeds from HUD’s projects. Any application in excess of $1 (6) Pursuant to another portion of this interim lending or public offering million may be reduced below the SuperNOFA, HUD is simultaneously mechanisms and thereby leverage amount requested by the applicant if announcing the availability of $25 greater use of the Section 108 program. HUD determines that such a reduction million of Brownfields Economic Awarding EDI funds to a project which is appropriate. In the case of regional Development Initiative (BEDI) funds. would use the Section 108 guarantee economic development projects, these While HUD will permit applicants to only as a security guarantee for other caps shall apply to the total project pursue BEDI and EDI funds for the same financing can be tantamount to making amount for the regional economic project, HUD requires that the BEDI and a simple grant to the project and thereby development project. EDI applications (and their components)

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00473 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9794 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices be independent of one another. Thus, selection criteria below. Applications participating partner’s role (e.g. funding, each application should have an will be selected for funding in two planning) being explained to identifiable amount of Section 108 groups as follows: demonstrate how the activity is both funding associated with its respective (a) All acceptable EDI grant necessary to further the regional request for EDI and BEDI funds for applications for general economic objectives while accruing reasonable purposes of determining the leverage of development projects will be separately benefits to residents of the partner’s Section 108 funding to the ranked in order of points assigned with jurisdiction. An economic development corresponding amount of EDI or BEDI the applications receiving more points project might also include projects funds requested. Further, the proposed ranking above those receiving fewer carried out within the boundaries of amount of Section 108 borrowing points. Acceptable economic each participating member’s jurisdiction associated with the BEDI or EDI grant development applications must meet where the effect of carrying out the shall not be used to determine leverage the threshold requirements stipulated in project activities in multiple of other financial resources under the General Section of this SuperNOFA jurisdictions will create a regional Rating Subfactor 4(3). Further, if you and be complete as required by the synergy that will cause a reduction to or seek both BEDI and EDI funds for the Submission requirements of this elimination of the regional problem or same project, you must include in your program section of this SuperNOFA. condition (e.g., high poverty levels, high response to Rating Factor 3 and the General economic development projects unemployment). The workplan must ‘‘Financial feasibility’’ portion of Rating will be funded in rank order until the describe such jurisdictional efforts and Factor 4 a discussion of how the project total aggregate amount of the the extent to which their combined can be financed and implemented if you applications funded is equal to up to efforts accomplish the objectives of the fail to obtain either BEDI or EDI funds $14.1 million (subject to the regional economic development project. under this SuperNOFA. Department’s discretion described in Regional economic development (G) Timing of Grant Awards. (1) To Section V(A)(4) below). projects will be funded in rank order the extent you submit a full Section 108 (b) All acceptable EDI applications for until the total aggregate amount of the application with your EDI grant regional economic development projects applications funded is equal to up to application, HUD will evaluate the will be separately ranked in order of $10 million (subject to the Department’s Section 108 application concurrently points assigned with the application discretion described in section V(A)(4) with the request for EDI grant funds. receiving more points ranking above below); those receiving fewer points. Acceptable Note that EDI grant assistance cannot be (c) If there are more EDI funds than applications for regional economic used to leverage a Section 108 loan general economic development projects development projects are those that guarantee approved prior to the date of qualified for funding then such excess meet the threshold requirements in the HUD’s announcement of an EDI grant funds can be shifted to fund regional General Section of this SuperNOFA and pursuant to this SuperNOFA. However, economic development projects the Submission requirements in Section the EDI grant may be awarded before qualified for funding. HUD approval of the Section 108 VI of this program section of this SuperNOFA. Such applications shall (3) After selection, but prior to award, commitment if HUD determines that if HUD determines that your application such award will further the purposes of also meet the definition requirements for ‘‘Application’’ and ‘‘Regional could be funded at a lesser EDI grant the Act. amount than requested consistent with (2) HUD notice to you of the amount economic development project,’’ as feasibility of the funded project or and conditions of EDI funds awarded, described in Section III(A)(1), including activities and the purposes of the Act, based upon review of the EDI the threshold requirements. HUD will HUD reserves the right to reduce the application, constitutes an obligation of rate the regional economic development amount of the EDI award and/or grant funds, subject to compliance with project by evaluating the Cooperative increase the required Section 108 loan the conditions of award and execution Agreement and the descriptive details guarantee commitment, if necessary. An of a grant agreement. EDI funds must included in the workplan attached application in excess of $1 million may not be disbursed to the public entity against the factors for award. The be reduced below the amount requested before the issuance of the related workplan details must include (i) the by the applicant if HUD determines that Section 108-guaranteed obligations. activities to be carried out and (H) Economic Opportunities for Low accomplishments to be realized under such a reduction is appropriate. and Very Low-Income Persons (Section the regional economic development (B) Narrative Statement. 3). Section 3 of the Housing and Urban project and (ii) the management plan (1) Provide narrative statements Development Act of 1968 (12 U.S.C. followed to insure the successful describing the activities that you will 1701u) is applicable to EDI grant coordination of the varies actions carry out with the EDI grant funds. Your undertaken by the participating partners narrative statement must not exceed recipients. Please see Section II(E) of the ′′ ″ General Section of the SuperNOFA. and to insure proper coordination with three (3) 8.5 by 11 pages. other nonprofit, local, state and federal (2) Describe how your proposed uses V. The Application Selection Process agencies’ involvement in the project. of EDI funds will meet the national (A) Rating and Ranking. (1) Each This description must be included in objectives under 24 CFR 570.208 for the rating factor and the maximum number Part I, the Lead Applicant’s section of CDBG program and qualify as eligible of points is provided below. The the application, and must include the activities under 24 CFR 570.703. You maximum number of points to be role of the lead applicant in must include citations to the specific awarded is 102. All EDI applications coordinating the activities under the regulatory subsections supporting must obtain an average score of at least project generally and the extent of its activity eligibility and national 70 points to be considered fundable. coordinating activities within the objectives compliance. (See Section This includes two EZ/EC bonus points jurisdictions of the participating III(C) of this program section of this as described in the General Section of members. SuperNOFA). this SuperNOFA. Economic development projects may (3) You must respond to the rating (2) All technically acceptable include projects where the participating factors below. Each of the listed rating applications will be scored under the partners invest in one project with each factors (or, where applicable, each

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00474 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9795 subfactor) below has a separate page (2) If you have previously received an provide the poverty rate for your limitation specified. EDI or BEDI grant award(s), you must jurisdiction as a whole and for the areas (4) Print your narrative statements in describe the status of the to be served and/or where the EDI/ 12 point type/font, and use sequentially implementation of those project(s) Section 108 funded project is located; numbered pages. assisted with EDI or BEDI funds, any however, in addition, you may (C) Factors for Award Used to delays that have been encountered and demonstrate the level of distress with Evaluate and Rate Applications. HUD the actions you are taking to overcome other factors such as income levels and will consider your application for any such delays to carry out the project unemployment rates. selection based on the following factors in a timely manner. For such previously (3) Regional economic development that demonstrate the quality of your funded EDI or BEDI grant projects, HUD projects only: Additionally, the lead proposed project or activities, and your will consider the extent to which you applicant must identify the region’s capacity and commitment to obtain have used the awarded EDI or BEDI problems that have impacted negatively maximum benefit from the EDI funds, in grant funds and the associated Section or adversely on sound regional accordance with the purposes of the 108 guaranteed loan funds, and the economic development growth and the Act. accomplishments achieved. attractiveness of the region for economic (3) The capacity of subrecipients, development opportunities requiring Rating Factor 1: Capacity of the nonprofit organizations and other immediate attention to correct which Applicant and Relevant Organizational entities that have a role in implementing changes are the result of national shifts Experience (15 Points) your proposed program will be included in the economy. HUD requires the use [Your response to this factor is limited in this review. of sound and reliable data (e.g., U.S. to three (3) pages.] (4) In addition to the application, Census data, statistical reports, This factor addresses the extent to HUD also may rely on information from university studies/reports) to document which you have the organizational performance reports, financial status such national shifts or conditions to resources necessary to successfully information, monitoring reports, audit support the claims in your application. implement your proposed activities in a reports and other information available (4) To the extent that your timely manner. The rating of the to HUD in making its determination Consolidated Plan and your Analysis of ‘‘applicant’’ or the ‘‘applicant’s under this factor. Impediments to Fair Housing choice organization and staff’’ for will include (5) For regional economic (AI) identifies the level of distress in the any subcontractors, consultants, development projects submitted under community and the neighborhood in subrecipients, and members of consortia Part II of the application by each which your project is being carried out, that are firmly committed (i.e., has a participating member: the extent to you should include references to such written agreement or a signed letter of which the participating member’s documents in preparing your response understanding with the applicant description under this factor is to this factor. Also, you should discuss agreeing in principle to its participation supportive of and compatible with the the extent to which the analysis of and role in the project). In rating this description in the overall workplan impediments identifies unhealthy factor, HUD will consider the following: incorporated into the Cooperative environmental conditions in your (1) With regard to the EDI/Section 108 Agreement. project area, and how such conditions negatively impact your target project you propose, you should Rating Factor 2: Distress/Extent of the demonstrate that you have the capacity neighborhood. Problem (15 Points) (5) For regional economic to implement the specific steps required [Your response to this factor is limited development projects submitted under to successfully carry out your proposed to three (3) pages.] Part II of the application by each EDI/Section 108 project. This includes This factor addresses the extent to participating member: HUD will factors such as your: which there is need for funding your evaluate the extent to which the (a) Performance in the administration proposed activities based on levels of participating member’s description of your CDBG, HOME or other distress, and an indication of the under this factor is supportive of and programs; urgency of meeting the need/distress in compatible with the description in the (b) Previous experience, if any, in your target area. overall workplan incorporated into the administering a Section 108 loan (1) In applying this factor, HUD will Cooperative Agreement. guarantee; consider current levels of distress in the (c) Performance and capacity in immediate community to be served by Rating Factor 3: Soundness of carrying out economic development your project and the jurisdiction Approach (30 Points) projects; applying for assistance. If you are able [Your response to this factor is limited (d) Ability to conduct prudent to indicate a level of distress in the to three (3) pages.] underwriting; immediate project area that is greater This factor addresses the quality and (e) Capacity to manage and service than the level of distress in your cost-effectiveness of your proposed loans made with the guaranteed loan jurisdiction as a whole, HUD will give plan. There must be a relationship funds or previous EDI or BEDI grant your application a higher score for this between the proposed activities, funds; factor. HUD requires you to use sound community needs and purposes of the (f) Capacity to carry out your projects and reliable data that is verifiable to program funding for you to receive and programs in a timely manner; and, support the level of distress you claim points for this factor. In rating this (g) If applicable, your capacity to in your application. You must provide factor, HUD will consider the following: manage projects under this program a source for all information you cite and (1) The quality of your plan/proposal section of this SuperNOFA along with indicate the publication date or for the use of EDI funds and Section 108 any federal funds awarded as a result of origination date of the data. loan funds, including the extent to a federal urban Empowerment Zone/ (2) In previous EDI competitions, the which your proposed plan for effective Enterprise Community designation poverty rate was often considered the use of EDI grant/Section 108-guaranteed (including Enhanced Enterprise best indicator of distress. Therefore, at loan funds will address the needs you Community (EEC) designation). a minimum, your response must described in Rating Factor 2 above

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00475 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9796 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices regarding the distress and extent of the proposal will be evaluated on the extent Rating Factor 4: Leveraging Resources/ problem in your immediate community to which it will contribute to the Financial Need (30 Points) and/or jurisdiction. As part of the physical and economic revitalization of [Page limits for the response to this response to this factor, you should the region and strengthen its economic factor are listed separately for each identify the eligible activities you will health through job creation, improving subfactor under this factor.] carry out and fully describe how your the local tax base and similar or other In evaluating this factor, HUD will project will achieve a national objective. benefits; consider the extent to which your (4) The extent to which your proposed You should demonstrate how your response demonstrates the financial project addresses your Analysis of proposed project would mitigate or need and feasibility of your project and Impediments and the needs identified otherwise address the distress identified the leverage ratio of Section 108 loan in Rating Factor 2 above. in Rating Factor 2; the extent to which proceeds to EDI grant funds. This factor (2) The extent to which your plan is such project activities will result in the has three subfactors, each with its own feasible and likely to achieve its stated physical and economic improvement for purpose. HUD’s desire is to fund the residents in the neighborhood in maximum point total: (1) Leverage of Section 108 funds (15 projects and activities which will which your project will be carried out; quickly produce demonstrable results the extent to which you will offer points). [Your response to this subfactor is and advance the purposes of the EDI residents an opportunity to relocate to program, including the number of jobs environmentally healthy housing or limited to one (1) page.] The minimum ratio of Section 108 to be created by the project and the neighborhoods; or the extent to which impact of the project on job creation that residents will benefit from the funded funds to EDI funds in any project may will benefit individuals on welfare or project to enable them to continue to not be less than 1:1. The extent to which low to very low income persons. You live in a redeveloped or revitalized your proposed project leverages an should demonstrate that you have a neighborhood and thus share in the amount of Section 108 funds beyond the clear understanding of the steps anticipated economic benefits your 1:1 ratio will result in your receiving a required to implement your project, the project is expected to generate. higher number of points. If you have a actions that you and others responsible (5) The extent to which your project ratio of 1:1, your application will not for implementing your project must incorporates one or more elements that receive any points under this subfactor. complete. You must include a time facilitate a successful transition of If you use your EDI grant to leverage schedule for carrying out your project. welfare recipients from welfare to work. more new Section 108 commitments, You must use the timeline form Such an element could include, for your application will receive more contained in the Appendix A to this example, linking your proposed project points under this subfactor. program section of this SuperNOFA. or loan fund to social and/or other (2) Financial feasibility (10 points). (3) For Regional economic services needed to enable welfare [Your response to this subfactor is development projects: Points will be recipients to successfully secure and limited to three (3) pages.] received for this factor to the extent to carry out full-time jobs in the private HUD will consider the extent to which: sector; provision of job training to which you demonstrate that your (a) Your workplan is feasible there are welfare recipients who might be hired project is financially feasible. In specific projects and activities and by businesses financed through the responding to this subfactor, you must benefits to be derived from the projects proposal; and/or incentives for clearly address the question of why the and activities in your plan that will businesses financed with EDI/section EDI funds are critical to the success of work to address the specific regional 108 funds to hire and train welfare this project. Your response should needs described in Rating Factor 2; recipients. include these items as applicable: (b) Responsibilities are delineated; (6) Due to an order of the U.S. District (a) Project costs and financial (c) Activities/actions undertaken by Court for the Northern District of Texas, requirements. You should provide a the participating partners are shown to Dallas Division, with respect to any funding sources and uses statement (not contribute to the cooperative application submitted by the City of included in the 3 page narrative limit), undertaking and will effect Dallas, Texas, HUD’s consideration of as well as justifications for project costs. cohesiveness in the cooperative the response to this factor, ‘‘Soundness (b) The amount of any debt service or relationship; and of Approach,’’ will include the extent to operating reserve accounts you will (d) The extent to which your proposal which Dallas’’ plan for the use of EDI establish in connection with the addresses the conditions that have funds and Section 108 loans will be economic development project. negatively and adversely impacted the used to eradicate the vestiges of racial (c) The reasonableness of the costs of region’s competitiveness with other segregation in the Dallas Housing any credit enhancement paid with EDI regions and emphasizes solutions to Authority’s programs consistent with grant funds. such regional problems that stress the Court’s order. Up to two (2) (d) The amount of program income (if emerging technologies, environmentally additional points will be awarded to any any) you will receive each year during sound developments and/or tourism. application submitted by the City of the repayment period for the guaranteed Where proposed activities for regional Dallas, Texas, to the extent this loan. economic development projects are subfactor is addressed. (e) Interest rates on those loans to designed to enhance existing cultural (7) For regional economic third parties (other than subrecipients) and historic resources of national development projects submitted under (either as an absolute rate or as a plus/ significance that will benefit from the Part II of the application by each minus spread to the Section 108 rate). project, your application will receive a participating member: The extent to (f) Underwriting criteria that you will higher rating score. Resources of which the participating member’s use in determining project feasibility. national significance are those description under this factor is (3) Leverage of other financial recognized by the Federal Government, supportive of and compatible with the resources (5 points). Your response to such as historic properties, historic description in the overall workplan this subfactor is limited to one (1) page battlefields, declared scenic rivers or contained in the Cooperative plus supporting documentation environmental safe areas. Your plan/ Agreement. evidencing third party commitment

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00476 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9797

(written and signed) of funds. HUD will (2) Developed linkages, or specific found in Appendix B to the General evaluate the extent to which you steps to develop linkages with other Section. The remaining application leverage other funds (public or private) activities, programs or projects (through items that are forms (i.e., excluding such with EDI grant funds and Section 108 meetings, information networks, items as narratives or letters, etc.), guaranteed loan funds and the extent to planning processes or other mechanisms referred to as the ‘‘non-standard forms’’ which such other funds are firmly to coordinate activities), so that can be found in Appendix B to this pledged to the project. This could solutions are holistic and program section of the SuperNOFA. include the use of CDBG funds, other comprehensive. Describe any linkages Note: that the first 6 application items in Federal or state grants or loans, your with other HUD-funded projects/ Appendix A to this program section of the general funds, project equity or activities outside the scope of those SuperNOFA are applicable to both EDI and commercial financing provided by covered by the Consolidated Plan, as BEDI (the BEDI funding announcement private sources or funds from non- well as established linkages and follows). The remaining application items are profits or other sources. Funds will be outreach with residents of your project applicable to regional economic development projects. considered pledged to the project if area. there is evidence of the third party’s (3) For Regional economic (B) Transmittal Letter signed by the written commitment to make the funds development projects. The extent to authorized representative of your available for the EDI/108 project, subject which your workplan demonstrates organization indicating that you are to approval of the EDI and Section 108 collaboration with Federal agencies submitting your application for funding assistance and completion of any including but not limited to those under the Economic Development environmental review required under 24 mentioned in Rating Factor 3 above, as Initiative Program and you are CFR part 58 for the project. Note, that well as the U.S. Department of requesting funding consideration for an with respect to CDBG funds, your Commerce and the Small Business EDI project. pledge of your CDBG funds will be Administration and evidence of existing (C) Checklist and Submission Table of considered sufficient commitment. Federal, state and not-for-profit Contents indicating the page numbers (4) For regional economic presence and participation in regional where the submission items can be development projects submitted under economic development (through found in your application (form HUD– Part II of the application by each evidence of funding, providing in-kind 40076–EDI/BEDI). participating member: Your application contributions, participating in planning (D) Section 108 Funding Eligibility will be evaluated based on the extent to efforts, coordinating activities, Statement. A completed EDI/BEDI which the participating member’s providing other resources, etc.) will be Section 108 Funding Eligibility description under this factor is critical to the overall competitiveness of Statement (form HUD–40076-EDI/BEDI). supportive of and compatible with the your plan/proposal for this factor. (E) Request for Loan Guarantee Further, the workplan will be evaluated description in the overall workplan Assistance. A request for loan guarantee on the extent to which the regional incorporated into the Cooperative assistance under Section 108, as further economic development project includes Agreement. described in Section IV(C) of this specific steps taken or to be taken to program section of the SuperNOFA. Full Rating Factor 5: Comprehensiveness protect the environment, and evidences application guidelines for the Section and Coordination (10 Points) authority to proceed with the project by 108 program are found at 24 CFR having received from or filed with the [Your response to this factor is limited 570.704. appropriate agencies of your unit of to two (2) pages.] (F) Narrative Response to Factors for general local government, other unit(s) Award: This factor addresses the extent to of general local government, as well as (1) Rating Factor 1: Capacity and which you have coordinated your state and federal agencies for any activities with other known necessary zoning classification, waivers, Relevant Organizational Experience. organizations; you participate or general permits, special use permits, Provide a narrative indicating your promote participation in your or a assessment districts designation, public capacity and the relevant capacity of State’s Consolidated Planning process; easements and rights-of way. your organization and staff to perform and you are working towards addressing (4) For regional economic the work for which you are requesting a need in a comprehensive manner development projects submitted under funding. through linkages with other activities in Part II of the application by each (2) Rating Factor 2: Need Statement the community. participating member: The extent to Identifying the level of Distress/Extent In evaluating this factor, HUD will which the participating member’s of the Problem. Provide a narrative consider the extent to which you description under this factor seems statement including any documentation demonstrate you have: supportive of and compatible with the supporting your statement of need. You (1) Coordinated your proposed description in the overall workplan may also use optional form HUD– activities with those of other groups or contained in the Cooperative 40076–EDI/BEDI as a format to respond organizations before submission, in Agreement. to this factor for award. order to best complement, support and (3) Rating Factor 3: Soundness of coordinate all known activities; and VI. Application Submission Approach. Include your activities, developed specific steps to share Requirements budget and time frame for conducting information on solutions and outcomes A. EDI Funding. If you are submitting activities in your response (see form with others. Describe any written an application for funding under the HUD40076–EDI/BEDI). agreements or memoranda of EDI funding allocation under this (4) Rating Factor 4: Leveraging understanding in place, or that will be program section of the SuperNOFA you Resources/Financial Need. Your in place after award. For regional must submit the following items to have response should include a completed economic development projects, these a complete application. The standard copy of form HUD–40076–EDI/BEDI, are agreements in addition to your forms, certifications and assurances that ‘‘Rating Factor 4: Leveraging Resources/ Cooperative Agreement signed by your are required for the EDI application (and Financial Need Sources and Uses participating members. listed in paragraph (G) below) can be Statement.’’

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00477 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9798 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(5) Rating Factor 5: officials of each of the jurisdictions (b) Rating Factor 2: Need Statement Comprehensiveness and Coordination. participating in your regional economic Identifying the level of Distress/Extent Provide a narrative response to this development project and indicating they of the Problem. Provide a narrative factor. agree to the Work Plan submitted with statement including any documentation (G) Additional Application Forms and your application. supporting your statement of need. You Certifications. In addition to any forms (6) Certifications specified in Section may also use optional form HUD as a you have submitted in response to the II(G) of the General Section of this format to respond to this factor for Factors for Award (which may be found NOFA, with the exception of Standard award (form HUD–40076–EDI/BEDI). at Appendix A for general ED project Form 424A, Budget Information for (c) Rating Factor 3: Soundness of and for regional ED project, you must Non-Construction Programs and Approach. Include your activities, also submit the following forms and Standard Form 424C, Budget budget and time frame for conducting certifications. Information for Construction Programs. activities in your response. (1) Application for Federal Assistance The required forms include: (d) Rating Factor 4: Leveraging (Standard Form (SF) 424). (1) Application for Federal Assistance Resources/Financial Need. Your (2) Federal Assistance Funding Matrix (SF 424). response should include a completed (HUD 424M). (2) Federal Assistance Funding Matrix copy of HUD Form, ‘‘Rating Factor 4: (3) Standard Form for Assurances— (HUD 424M). Leveraging Resources/Financial Need Non-Construction Programs (SF 424B) (3) Standard Form for Assurances— Sources and Uses Statement’’ (form and/or Standard Form for Assurances— Non-Construction Programs (SF 424B) HUD–40076–EDI/BEDI) Construction Programs (SF 424D)—not and/or Standard Form for Assurances— (e) Rating Factor 5: applicable for this program section. Construction Programs (SF 424D) as (4) Drug-Free Workplace Certification, Comprehensiveness and Coordination. applicable to your proposed work plan. Provide a narrative response. HUD–50070. (4) Drug-Free Workplace Certification, (12) Part II, Participating Member’s (5) Certification of Payments to HUD–50070. Plan. The participating members in your Influence Federal Transactions, HUD– (5) Certification of Payments to regional economic development project 50071, and if engaged in Lobbying, the Influence Federal Transactions, HUD must submit with your Part II Disclosure Form Regarding Lobbying, 50071, and if engaged in Lobbying, the documents, the following information: SF–LLL. Disclosure Form Regarding Lobbying, (a) A request for loan guarantee (6) Applicant/Recipient Disclosure/ SF–LLL. Update Report, HUD–2880 (6) Applicant/Recipient Disclosure/ assistance under Section 108 as further (7) Certification Regarding Debarment Update Report, HUD–2880. described in Section IV(C) of this and Suspension, HUD–2992 (7) Certification Regarding Debarment program section of the SuperNOFA. Full (8) Certification of Consistency With and Suspension, HUD–2992. application guidelines for the Section EZ/EC Strategic Plan, HUD–2990 (8) Certification of Consistency With 108 loan guarantee program are found at These forms are found in the EZ/EC Strategic Plan, HUD–2990. 24 CFR 570.704; Appendix B to the General Section of (9) A Cooperative Agreement, (b) As described in Section V(B) of this SuperNOFA. You are not required executed on behalf of each of the this program section of this to submit Budget Information on participating members by its authorized SuperNOFA, a narrative statement (3 Standard Forms 424B or 424C under representative which describes the page limit) describing the activities that this EDI section of the SuperNOFA. nature of the project and the activities you will carry out with the EDI grant If you wish to receive an to be carried out in each jurisdiction funds; Responses to each of the rating acknowledgment of HUD’s receipt of and which activities will be financed factors (within the page limits provided your application, please submit a with EDI and Section 108 loan for each factor or sub-factor as completed Acknowledgment of Receipt applicable) which must be supportive of of Application form. guarantee proceeds. The agreement must include a certification that the and compatible with the description in (H) Regional Economic Development the Workplan attached to the Projects. If you are submitting an entities have the capacity to carry out the eligible activities under the regional Cooperative Agreement for each application for a regional economic corresponding factor. The rating factors development project, then you must economic development project as for award and submission requirements submit the following items to have a required. are: complete application: (10) A Workplan attached to the (1) Part 1: Lead Applicant Submission agreement which shall contained, as (i) Rating Factor 1: Capacity and (2) Transmittal Letter signed by the described in Section V(B) of this Relevant Organizational Experience. authorized representative of your program section of this SuperNOFA, a Provide a narrative indicating your organization indicating that you are narrative statement (3 page limit) capacity and the relevant capacity of submitting your application for funding describing the activities that you will your organization and staff to perform under the Economic Development carry out with the EDI grant funds; the work for which you are requesting Initiative Program and you are (11) Responses in the Workplan to funding. requesting funding consideration for a each of the rating factors (within the (ii) Rating Factor 2: Need Statement Regional Economic Development page limits provided for each factor or Identifying the level of Distress/Extent Project. sub-factor as applicable). The rating of the Problem. Provide a narrative (3) Checklist and Submission Table of factors for award and submission statement including any documentation Contents (form HUD–40076–EDI/BEDI) requirements are: supporting your statement of need. You indicating the page numbers where the (a) Rating Factor 1: Capacity and may also use optional form HUD– submission items can be found in your Relevant Organizational Experience. 40076–EDI/BEDI) as a format to respond application. Provide a narrative indicating your to this factor for award. (4) A Cross-Jurisdictional Funding capacity and the relevant capacity of (iii) Rating Factor 3: Soundness of Sources and Uses Statement. your organization and staff to perform Approach. Include your activities, (5) Cross-Jurisdictional letters of the work for which you are requesting budget and time frame for conducting Commitment signed by authorized funding. activities in your response.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00478 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9799

(iv) Rating Factor 4: Leveraging pursuant to 24 CFR 570.604, each Address Environmental Justice in Resources/Financial Need. Your project or activity assisted under this Minority Populations and Low-Income response should include a completed program is subject to the provisions of Populations) directs Federal agencies to copy of HUD Form 40076–EDI/BEDI), 24 CFR part 58, including limitations on develop strategies to address ‘‘Rating Factor 4: Leveraging Resources/ the EDI grant and Section 108 public environmental justice. Environmental Financial Need Sources and Uses entity’s commitment of HUD and non- justice seeks to rectify the Statement’’ HUD funds prior to the completion of disproportionately high burden of (v) Rating Factor 5: environmental review, notification and environmental pollution that is often Comprehensiveness and Coordination. release of funds. No such assistance will borne by low-income, minority, and Provide a narrative response. be released by HUD until a request for other disadvantaged communities, and release of funds is submitted and the to ensure community involvement in VII. Corrections to Deficient requirements of 24 CFR part 58 have Applications policies and programs addressing this been met. All public entities, including issue. The General Section of the nonentitlement public entities, shall SuperNOFA provides the procedures for submit the request for release of funds IX. Authority corrections to deficient applications. and related certification, required pursuant to 24 CFR part 58, to the Section 108(q), Title I, Housing and VIII. Environmental Requirements appropriate HUD field office for each Community Development Act of 1974, (A) Environmental Review. After the project to be assisted. as amended, (42 U.S.C. 5301–5320); 24 completion of this competition and after (B) Environmental Justice. Executive CFR part 570. HUD’s award of EDI grant funds, Order 12898 (Federal Actions to BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00479 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9800 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Appendix A The first 6 non-standard forms, which follow, are required for your EDI (General) or BEDI applications. The remaining forms are applicable to regional economic development project applications.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00480 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9801

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00481 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9802 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00482 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9803

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00483 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9804 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00484 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9805

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00485 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9806 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00486 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9807

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00487 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9808 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00488 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9809

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00489 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9810 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00490 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9811

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00491 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9812 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00492 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9813

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00493 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00494 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9815

FUNDING AVAILABILITY FOR THE original and one copy) to: Processing II. Amount Allocated BROWNFIELDS ECONOMIC and Control Unit, Room 7251, Office of HUD has available a maximum of $25 DEVELOPMENT INITIATIVE (BEDI) Community Planning and Development, million for the BEDI program, as Program Overview Department of Housing and Urban appropriated in the FY 2000 HUD Development, 451 Seventh Street, SW, Appropriations Act for the purpose of Purpose of the Program. BEDI funds Washington, D.C. 20410, Attention: are used to enhance the security of a assisting public entities in the BEDI Grant, by mail or hand delivery. redevelopment of brownfields. loan guaranteed by HUD under Section To the Appropriate CPD Field Office. 108 of the Act as defined in Section At the same time your submit your III. Program Description; Eligible III(A)(1) below for the same project, or application to HUD Headquarters, you Applicants; Eligible Activities to improve the viability of the project must submit an additional copy of the (A) Program Description. BEDI is financed with the Section 108- application to the Community Planning designed to help cities redevelop guaranteed loan. A BEDI grant is and Development Division of the abandoned, idled, or underutilized required to be used in conjunction with appropriate HUD Field Office for your industrial and commercial facilities a new Section 108 guaranteed loan jurisdiction. where expansion or redevelopment is commitment. Both Section 108 loan When submitting your application, complicated by real or perceived guarantee proceeds and BEDI grant please refer to BEDI, and include your environmental contamination— funds are initially made available by name, mailing address (including zip brownfields. BEDI accomplished this by HUD to public entities approved for code) and telephone number (include providing funding to local governments assistance under the application process area code). to be used in conjunction with Section described herein. Such public entities For Application Kits. For an 108 loan guarantees to finance may re-loan the Section 108 loan application kit and any supplemental redevelopment of brownfields sites. proceeds to a business or other entity to information, please call HUD’s (1) Definitions. Unless otherwise carry out an economic development SuperNOFA Information line toll free at defined herein, terms defined in 24 CFR project eligible under this program 1–800–HUD–8929. When requesting an part 570 and used in this program section of this SuperNOFA, or the application kit, please refer to BEDI. section of this SuperNOFA shall have public entity may carry out the eligible Please be sure to provide your name, the respective meanings given thereto in project itself. In either case, BEDI grant address (including zip code), and that part. funds must be used in support of the telephone number (including area code). Act means Title I, Housing and same eligible project in accordance with Persons with hearing or speech Community Development Act of 1974, this program section. impairments may call the Center’s TTY as amended, (42 U.S.C. 5301 et seq.). Available Funds. Approximately $25 number at 1–800–HUD–2209 to obtain Brownfields means abandoned, idled, million. an application kit. The application kit Eligible Applicants. Any public entity or under-used real property (including will also be available on the Internet eligible to apply for and receive Section industrial and commercial facilities) through the HUD web site at http:// 108 loan guarantee assistance in where expansion or redevelopment is www.hud.gov. accordance with 24 CFR 570.702 may complicated by real or perceived For Further Information and apply for BEDI grant assistance under contamination. Technical Assistance. You may contact section 108(q) and this SuperNOFA. Brownfields Economic Development either Tony Johnston or Paul Webster, (See Section III(B) below for additional Initiative (BEDI) means the competitive Financial Management Division, Office information regarding eligible award of up to $2 million, as of Block Grant Assistance, Department applicants.) appropriated in the FY 2000 HUD of Housing and Urban Development, Application Deadline. June 13, 2000. Appropriations Act, for economic Match. None. 451 Seventh Street, SW, Room 7136, development grant assistance under Washington, DC 20410, telephone (202) section 108(q) of the Act for the purpose Additional Information 708–1871 (this is not a toll-free of assisting public entities in the If you are interested in applying for number). Persons with speech or redevelopment of brownfields. funding under this program, please hearing impairments may access this Brownfields economic development review carefully the General Section of number via TTY by calling the toll-free (BEDI) project means an activity or this SuperNOFA and the following Federal Information Relay Service at 1– activities (including mixed use projects additional information. 800–877–8339. with housing components) that are See the General Section of this eligible under the Act and under 24 CFR I. Application Due Date, Application SuperNOFA for guidance on technical 570.703, and that increase economic Kits, Further Information, and assistance. With respect to the Section opportunity for persons of low- and Technical Assistance 108 Loan Guarantee program, which is moderate-income or that stimulate or Application Due Date. Submit your not a competitive program and thus not retain businesses or jobs or that completed applications (one original subject to those provisions of the HUD otherwise lead to economic and two copies) on or before 12:00 Reform Act pertaining to competitions, revitalization in connection with midnight, Eastern time, on June 13, HUD staff will be available to provide brownfields. 2000, to the addresses shown below. advice and assistance to develop CDBG funds means those funds See the General Section of this Section 108 loan applications. collectively defined at 24 CFR 570.3, SuperNOFA for specific procedures Satellite Broadcast. HUD will hold an including grant funds received pursuant governing the form of application information broadcast via satellite for to section 108(q) and this program submission (e.g., mailed applications, potential applicants to learn more about section of this SuperNOFA. express mail, overnight delivery, or the program and preparation of the Economic Development Initiative hand carried). application. For more information about (EDI) means the provision of economic Addresses for Submitting the date and time of the broadcast, you development grant assistance under Applications. To HUD Headquarters. should consult the HUD web site at section 108(q) of the Act, as authorized Submit your completed application (an http://www.hud.gov. by section 232 of the Multifamily

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00495 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9816 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Housing Property Disposition Reform pledged to the payment of all guarantees Section 108 loan guarantee pursuant to Act of 1994 (Pub.L. 103–233, approved made under Section 108. Under this 24 CFR 570.705(b)(3). While public April 11, 1994). program, communities (and States, if entities are required by the Act to Empowerment Zone or Enterprise applicable) pledge their continuing pledge their current and future CDBG Community means an urban area so CDBG allocations as security for loans funds as a source of security for the designated by the Secretary of HUD guaranteed by HUD. The Section 108 Section 108 loan guarantee, the public pursuant to 24 CFR part 597 or part 598, program, however, does not require entity will usually be required to or a rural area so designated by the CDBG funds to be escrowed for loan furnish additional collateral which, Secretary of Agriculture pursuant to 7 repayment (unless such an arrangement ideally, will be the assets financed with CFR part 25, subpart B. is specifically negotiated as loan the Section 108 loan funds. Clearly, a EPA means the U.S. Environmental security) and included in the applicable redevelopment focus for the BEDI funds Protection Agency. ‘‘Contract for Loan Guarantee will help achieve this goal by enhancing Showcase Community means an Assistance.’’ This means that a the value of the assets securing the applicant chosen by the Federal community can ordinarily continue to Section 108 loan. Government’s Brownfields National spend its existing allocation for other (6) Integration of Other Government Partnership for inclusion in the Federal CDBG purposes, unless needed for loan Brownfields Programs. HUD expects and Government’s Brownfields Showcase repayment. encourages local governments which are Communities program. (3) EDI Program. The EDI program designated through (a) the Federal Strategic Plan means a strategy was enacted in 1994 and is intended to Government’s Brownfields Showcase developed and agreed to by the complement and enhance the Section Community program, (b) other Federal nominating local government(s) and 108 Loan Guarantee program. A purpose brownfields programs (e.g., EPA’s State(s) and submitted in partial of EDI (and BEDI) grant funds is to Assessment Pilot or Revolving Loan fulfillment of the application reduce grantees’ potential loss of future Fund programs), (c) a State-supported requirements for an Empowerment Zone CDBG allocations: brownfields program, or (d) a State or or Enterprise Community designated (a) By strengthening the economic local related economic development pursuant to 24 CFR part 597 or part 598. feasibility of the projects financed with program, to integrate efforts arising from (2) Background. (a) HUD has multiple Section 108 funds (and thereby those programs in developing projects programs which are intended to increasing the probability that the for assistance under HUD’s BEDI and stimulate and promote economic and project will generate enough cash to Section 108 programs. Applicants community development and can be repay the guaranteed loan); should elaborate upon these ties in their effectively employed to address and (b) By directly enhancing the security response to the rating factors, where remedy brownfields conditions. Primary of the guaranteed loan; or appropriate (e.g. ‘‘Capacity of the among HUD’s resources are the (c) Through a combination of these or Applicant,’’ ‘‘Soundness of Approach,’’ Community Development Block Grant other risk mitigation techniques. ‘‘Leveraging Resources,’’ or (CDBG) program and the Section 108 (4) BEDI Program. For FY 2000, ‘‘Comprehensiveness and loan guarantee program. Congress has made a specific Coordination,’’—Rating Factors 1, 3, 4, The CDBG program provides grant appropriation of $25 million for the EDI and 5 respectively.) funds (approximately $4.240 billion in program to assist in financing (7) Typical Project Structures. FY 2000) by formula to local ‘‘brownfields’’ redevelopment. HUD Provided that proposals are consistent governments (either directly or through intends the $25 million in Brownfields with other CDBG requirements, States) to carry out community and EDI (BEDI) funds available pursuant to including national objectives, HUD economic development activities. The this program section of this SuperNOFA envisions that the following project Section 108 loan guarantee program to be used with a particular emphasis structures could be typical: provides local governments with a upon the redevelopment of brownfields (a) Land Writedowns. Local source of financing for economic sites consistent with the statutory governments may use a combination of development, public facilities, and other purpose of the FY 2000 HUD Section 108 and BEDI funds to acquire eligible large scale physical Appropriations Act. Accordingly, BEDI a brownfields site for purposes of development projects. HUD is funds shall be used as the stimulus for reconveying the site to a private authorized pursuant to Section 108 to local governments and private sector developer at a discount from its guarantee notes issued by CDBG parties to commence redevelopment or purchase price. This approach would entitlement communities and non- continue phased redevelopment efforts provide the developer with an asset of entitlement units of general local on brownfields sites where enhanced value which could be used as government eligible to receive funds contamination is known or suspected collateral for other sources of funding. under the State CDBG program. and a redevelopment plans exist. HUD Such other sources of financing could Regulations governing the Section 108 desires to see BEDI and Section 108 be used to finance environmental program are found at 24 CFR part 570, funds used to finance projects and remediation or other development costs. subpart M. It must be noted that the activities that will provide near-term In theory, the level of BEDI assistance Section 108 program is subject to the results and demonstrable economic would approximate the difference regulations of 24 CFR part 570 benefits, such as job creation and between the original cost of the site and applicable to the CDBG program as increases in the local tax base. HUD its remediation in comparison to the described in 24 CFR part 570, subpart does not encourage applications whose market value of the remediated M. EDI and BEDI grants must support scope is limited only to site acquisition property. Section 108 loan guarantees as generally and/or remediation (i.e., land banking), (b) Site Remediation Costs. Local described under the above section where there is no immediately planned governments may use BEDI funds in any entitled ‘‘Purpose of the Program.’’ redevelopment. of several ways to address site For FY 2000, the Section 108 program (5) Redevelopment Focus. The remediation costs. If the local is authorized at $1.261 billion in loan redevelopment focus for BEDI-assisted government used Section 108 funds to guarantee authority. The full faith and projects is also prompted by the need to acquire real property, BEDI funds could credit of the United States will be provide additional security for the be used to address assessment and site

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00496 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9817 remediation costs as part of demolition, period not otherwise possible with program section below) the CDBG clearance, or site preparation activities. Section 108 alone. This strategy would national objective to be achieved by the If the local government used Section be particularly useful where a proposed project and provide the 108 funds to make a loan to a developer, community was undertaking a large appropriate CDBG national objective BEDI funds could be granted to the commercial/retail project in a distressed regulatory citation found at 24 CFR developer for the purpose of addressing neighborhood to act as a catalyst for 570.208. Applicants must also address, remediation costs as part of an other development in the area. when applicable, how the proposed economic development activity. (g) Combination of Techniques. An activities will comply with the public (c) Funding Reserves. The cash flow applicant could employ a combination benefit standards of the CDBG program generated by an economic development of these or other techniques in order to as reflected in the regulation at 24 CFR project may be expected to be relatively implement a strategy that carries out a 570.209 for the Entitlement and Small ‘‘thin’’ in the early stages of the project, BEDI project. Cities programs or 24 CFR 570.482 for i.e. potentially insufficient cash flows to (B) Eligible Applicants. Any public the State CDBG program. meet operating expenses and debt entity eligible to apply for Section 108 (3) In the aggregate, a grantee’s use of service obligations. The BEDI grant can loan guarantee assistance in accordance CDBG funds, including any Section 108 make it possible for reserves to be with 24 CFR 570.702 may apply for loan guarantee proceeds and section established in a way that enhances the BEDI grant assistance under section 108(q) (EDI) funds provided pursuant to economic feasibility of the project. 108(q). Eligible applicants are CDBG this program section of this (d) Over-Collateralizing the Section entitlement units of general local SuperNOFA, must comply with the 108 Loan. government and non-entitlement units CDBG primary objectives requirements (i) The use of BEDI grant funds may of general local government eligible to as described in section 101(c) of the Act be structured in appropriate cases so as receive loan guarantees under 24 CFR and 24 CFR 570.200(c)(3) or 570.484 in to improve the likelihood that project- part 570, subpart M. Urban Counties, as the case of State grantees. generated cash flow will be sufficient to defined at 24 CFR 570.3 and 570.307, cover debt service on the Section 108 are eligible applicants for BEDI funds; IV. Program Requirements loan and directly to enhance the units of general local government which (A) CDBG Program Regulations. In guaranteed loan. One technique for participate in an Urban County program addition to 24 CFR 570.701 accomplishing this approach is over- are not independently eligible (Definitions), § 570.702 (Eligible collateralization of the Section 108 loan. applicants. Non-entitlement applicants, applicants), and § 570.703 (Eligible (ii) An example is the creation of a other than those subject to 24 CFR part activities), as explained elsewhere in loan pool funded with both Section 108 570, subpart F will be required to this program section of the SuperNOFA, and BEDI grant funds. The community provide proof that the State will support the CDBG regulatory requirements cited would make loans to various businesses the related Section 108 loan with a in 24 CFR 570.707, including subparts from the combined pool at an interest pledge of its CDBG funds pursuant to J (Grant Administration), K (Other rate equal to or greater than the rate on the requirements of 24 CFR Program Requirements), and O the Section 108 loan. The total loan 570.705(b)(2). Note that effective (Performance Reviews) govern the use of portfolio would be pledged to the January 25, 1995, non-entitlement BEDI funds, as applicable. repayment of the Section 108 loan. public entities in the states of New York (e) Direct Enhancement of the and Hawaii were authorized to apply to (B) Compliance with Applicable Laws. Security of the Section 108 Loan. The HUD for Section 108 loans (see 59 FR Applicants are advised that an award of BEDI grant can be used to cover the cost 47510, December 27, 1994). Thus non- BEDI funding does not in any way of providing enhanced security. An entitlement public entities in all 50 relieve the applicant or third party users example of how the BEDI grant can be states and Puerto Rico are eligible to of BEDI funds from compliance with all used for this purpose is by using the participate in the Section 108 and BEDI applicable Federal, State and local laws, grant funds to cover the cost of a programs. particularly those addressing the standby letter of credit, issued in favor (C) Eligible Activities and National environment. Applicants are further of HUD. This letter of credit will be Objectives. (1) BEDI grant funds and advised that HUD may require evidence available to fund amounts due on the section 108 loan guarantee funds may be that any project involving remediation Section 108 loan if other sources fail to used for activities listed at 24 CFR has been or will be carried out in materialize and thus will serve to 570.703, provided such activities are accordance with State law, including protect the public entity’s future CDBG carried out as part of a BEDI project as voluntary clean up programs. funds. described in this BEDI section of this (C) Related Section 108 Loan (f) Provision of Financing to For-Profit SuperNOFA, including Section III(A) of Guarantee Application. (1) Each BEDI Businesses at a Below Market Interest this program section of the SuperNOFA. application must be accompanied by a Rate. You are required to submit applications request for new Section 108 loan (i) While the rates on loans that seek funding for BEDI projects that guarantee assistance. Notwithstanding guaranteed under Section 108 are only will contribute to the redevelopment the form of your request for new section slightly above the rates on comparable and revitalization of brownfields. 108 loan guarantee assistance under U.S. Treasury obligations, they may Applications that fail to meet the paragraphs (a),(b),(c),or (d) below of this nonetheless be higher than can be requirements for a BEDI project as set Section IV(C), you must include afforded by businesses in severely forth in this SuperNOFA will not be citations to the specific regulatory economically distressed neighborhoods. rated by HUD. subsections supporting activity The BEDI grant can be used to make (2) Each activity assisted with Section eligibility and national objectives Section 108 financing affordable. 108 loan guarantee or BEDI funds must compliance for the project described in (ii) BEDI grant funds could serve to meet a national objective of the CDBG your application. (See Section III (C) of ‘‘buy down’’ the interest rate up front, program as described in 24 CFR this program section of this or make full or partial interest 570.208. Applicants must clearly SuperNOFA.) Both the BEDI and payments, allowing the businesses to be identify in their narrative statement (as Section 108 funds must be used in financially viable in the early start-up described in Section V(B) of this conjunction with the same BEDI project.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00497 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9818 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

The request may take any of several guarantee commitments beyond those (E) Limitations on Grant Amounts. (1) forms as defined below. amounts (the $12 million or $10 million HUD expects to approve BEDI grant (a) A full application for new Section in this example) to which it has amounts for approvable applications at 108 loan guarantee(s), including the previously agreed. a range of ratios of BEDI grant funds documents listed at 24 CFR 570.704(b). (D) Limitations on Use of BEDI and awarded to new Section 108 loan (b) A brief description (not to exceed Section 108 Funds. Certain restrictions guarantee commitments but the three pages) of the project to be applied shall apply to the use of BEDI and minimum ratio will be $1 of Section 108 for in a new Section 108 loan guarantee Section 108 funds: loan guarantee commitments for every application(s). Such 108 application(s) (1) BEDI grants shall not be used as a $1 of BEDI grant funds. However, if you will be submitted within 60 days of a resource to immediately repay the propose a leverage ratio of 1:1, your notice of BEDI selection, with HUD principal of a loan guaranteed under application will not receive any points reserving the right to extend such period Section 108. Repayment of principal is under the Rating Subfactor 4(1): for good cause on a case-by-case basis. only permissible with BEDI grant funds ‘‘Leverage of Section 108 Funds.’’ BEDI awards will be conditioned on as a matter of security if other sources For example, if you request a BEDI approval of actual Section 108 loan projected for repayment of principal grant of $1 million, you will be required commitments. The application prove to be unavailable. to leverage a minimum of at least $1 description must be sufficient to (2) You should not use Section 108 million in new Section 108 loan support the basic eligibility of the funds to finance activities which also guarantee commitments. Of course, even proposed project and activities for include financing generated through the though there is a minimum ratio of 1:1, Section 108 assistance. (See Section issuance of federally tax exempt applications with higher ratios will III(C) of this program section of the obligations. Pursuant to Office of receive more points under Rating Factor SuperNOFA.) Management and Budget (OMB) 4, ‘‘Leveraging Resources/Financial (c) A copy of a pending, unapproved Circular A–129 (Policies for Federal Need’’ and, all other things being equal, Section 108 loan guarantee application, will be more competitive. You are and any proposed amendments to the Credit Programs and Non-Tax Receivables), Section 108 guaranteed encouraged to propose projects with a Section 108 application which are greater leverage ratio of new Section 108 related to the BEDI application. The loan funds may not directly or indirectly support federally tax-exempt to BEDI grant funds (assuming such applicant’s submission of such a BEDI/ projects are financially viable). For obligations. Section 108 application shall be deemed example $1 million of BEDI could (3) HUD will not consider for funding by HUD to constitute a request to leverage $12 million of new Section 108 any BEDI proposal in which the related suspend separate processing of the loan commitments. HUD intends that Section 108 loan guarantee would be Section 108 application. The Section the BEDI funds will be used for projects used solely as security. BEDI funds are 108 application will not be approved that leverage the greatest possible to be used to support and enhance until on or after the date of the related amount of Section 108 loan guarantee BEDI award. activities financed with Section 108 commitments. Because a fundable (d) A request for a Section 108 loan loan guarantee proceeds from HUD’s application is competitive in part guarantee amendment (analogous to interim lending or public offering because of the applicant’s proposed Section IV(C)(1)(a) or (b) of this BEDI mechanisms and thereby leverage ratio of BEDI funds to funds guaranteed section of the SuperNOFA) that greater use of the Section 108 program. by a Section 108 loan guarantee, HUD proposes to increase the amount of a Awarding BEDI funds to a project which will condition a BEDI grant award on previously approved application. would use the Section 108 guarantee the grantee’s achievement of that However, any amount of Section 108 only as a security guarantee for other specific ratio. Your failure to meet that loan guarantee authority approved financing can be tantamount to making condition by obtaining timely HUD before HUD’s announcement of a BEDI a simple grant to the project and thereby approval of a commitment for, and grant for the same project pursuant to fails to fulfill the goals of the BEDI issuance of, the required Section 108 this SuperNOFA is not eligible to be program. guaranteed obligations ratio may result used in conjunction with a BEDI grant (4) BEDI grant funds shall not be used in the cancellation and recapture of all under this SuperNOFA. in any manner by grantees to provide or a proportionate share of the BEDI (2) Further, a Section 108 loan public or private sector entities with grant award. guarantee amount that is required to be funding to remediate conditions caused (2) HUD will cap BEDI awards at a used in conjunction with a prior EDI or by their actions, where the public entity maximum of $2 million. Any BEDI grant award, whether or not the (or other known prospective beneficiary application in excess of $1 million may Section 108 loan guarantee has been of the proposed BEDI grant) has been be reduced below the amount requested approved as of the date of this determined responsible for causation by the applicant if HUD determines that SuperNOFA, is not eligible for a BEDI and remediation by order of a court or such a reduction is appropriate. award under this SuperNOFA. For a Federal, State, or local regulatory (3) In the event you are awarded a example, if a public entity has a agency, or is responsible for the BEDI grant that has been reduced below previously approved Section 108 loan remediation as part of a settlement the original request (e.g., your guarantee commitment of $12 million, approved by such a court or agency. application contained some activities even if none of the funds have been (5) Applicants may not propose that were ineligible or there were utilized, or if the public entity had projects on sites which are listed or insufficient funds to fund the last previously been awarded an EDI grant of proposed to be listed on EPA’s National competitive application at the full $1 million and had certified that it will Priority List (NPL). Further, applicants amount requested), you will be required submit a Section 108 loan application are cautioned against proposing projects to modify your project plans and for $10 million in support of that EDI on sites where the nature and degree of application to conform to the terms of grant, the public entity’s application environmental contamination is not HUD approval before execution of a under this program section of this well quantified or which are the subject grant agreement. HUD also will SuperNOFA must propose to increase of on-going litigation or environmental proportionately reduce or deobligate the the amount of its total Section 108 loan enforcement action. BEDI award if you do not submit an

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00498 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9819 approvable Section 108 loan guarantee pursuant to this SuperNOFA. However, (5) HUD desires to fund projects application on a timely basis (including the BEDI grant may be awarded prior to which will quickly produce any extension authorized by HUD) in HUD approval of the Section 108 demonstrable results. BEDI grant awards the amount required by the BEDI/108 commitment if HUD determines that will contain conditions requiring you to leveraging ratio, which will be approved such award will further the purposes of adhere to your stated timeframes for by HUD as a special condition of the the Act. implementing your proposed projects BEDI grant award (see Section IV(E)(1) (2) HUD’s notice to you of the amount and drawing Section 108 and EDI funds. above of this program section of the and conditions of BEDI funds awarded, Failure to adhere to these schedules SuperNOFA). Any modifications or based upon review of the BEDI may be cause for HUD to recapture the amendments to your application application, constitutes an obligation of BEDI funds. approved pursuant to this SuperNOFA, grant funds, subject to compliance with (B) Narrative Statement. (1) Provide a whether requested by you or by HUD, the conditions of award and execution narrative statement describing the must be within the scope of the of a grant agreement. BEDI funds will activities that you will carry out with approved original BEDI application in not be disbursed to the public entity the BEDI grant funds, explaining the all respects material to rating the before the issuance of the related nature and extent of the Brownfield’s application, unless HUD determines Section 108 guaranteed obligations. problems(s) affecting the project. Your that your revised application remains (3) If additional BEDI grant funds narrative statement must not exceed within the competitive range and is become available to HUD as the result three (3) 8.5″ by 11″ pages for the otherwise approvable under this of recaptures prior to the date of this description of the activities to be carried SuperNOFA competition. SuperNOFA, HUD reserves the right to out with the BEDI grant funds. (4) In the case of requested award grants under this SuperNOFA (2) Describe how your proposed uses amendments to a previously approved whose aggregate total may exceed the of BEDI funds will meet the national Section 108 loan guarantee commitment $25 million announced in this objectives for the CDBG program under (as further discussed in Section SuperNOFA, up to the maximum 24 CFR 570.208 and qualify as eligible IV(C)(1)(d) of this program section amount authorized by law. activities under 24 CFR 570.703. You above), the BEDI assistance approved V. The Application Selection Process must include citations to the specific will be based on the increased amount regulatory subsections supporting of Section 108 loan guarantee (A) Rating and Ranking. (1) Each activity eligibility and national assistance. Pursuant to another portion rating factor and the maximum number objectives compliance. (See Section of this SuperNOFA, HUD is of points is provided below. The III(C) of this program section of this simultaneously announcing the maximum number of points to be SuperNOFA.) availability of up to $24.1 million of EDI awarded is 102. This includes two EZ/ (3) Respond to the rating factors funds. While HUD will permit you to EC bonus points as described in the below. Each of the listed rating factors pursue BEDI and EDI funds for the same General Section of the SuperNOFA, or (or, where applicable, each subfactor) project, HUD requires that your BEDI two bonus points for having received a below has a separate page limitation and EDI applications (and components Federal designation as a Brownfields specified. contained in the applications) be Showcase Community. (Please note that (4) Print your narrative statements in independent of one another. Thus, each in any event, the maximum number of 12 point type/font, and use sequentially application should have an identifiable bonus points is limited to a total of two numbered pages. amount of Section 108 funding (2).) (C) Factors for Award Used to associated with its respective request for (2) Once scores are assigned, HUD Evaluate and Rate Applications. HUD EDI and BEDI funds, for purposes of will rank all applications in order of will consider your application for determining the leverage of Section 108 points assigned, with the applications selection based on the following factors funding to the corresponding amount of receiving more points ranking above that demonstrate the quality of your EDI or BEDI funds requested. Further, those receiving fewer points. proposed project or activities, and your the proposed amount of Section 108 Applications will be funded in rank creativity, capacity and commitment to borrowing associated with either the order. obtain maximum benefit from the BEDI BEDI or EDI grant must not be used to (3) Prior to award, if HUD determines funds, in accordance with the purposes determine leverage of other financial that an application rated, ranked and of the Act. sources under Rating Subfactor 4(3). fundable could be funded at a lesser Rating Factor 1: Capacity of the Further, if you seek both BEDI and EDI BEDI grant amount than requested Applicant and Relevant Organizational funds for the same project, you must consistent with feasibility of the funded Experience (15 Points) include, in your response to Rating project or activities and the purposes of Factor 3 and the ‘‘Financial feasibility’’ the Act, HUD reserves the right to [Your response to this factor is limited portion of Rating Factor 4, a discussion reduce the amount of the BEDI award to three (3) pages.] of how your project can be financed and and/or increase the required Section 108 This factor addresses the extent to implemented if you fail to obtain either loan guarantee commitment, if which you have the organizational BEDI or EDI funds under this necessary, in accordance with such resources necessary to successfully SuperNOFA. determination. An application in excess implement the proposed activities in a (F) Timing of Grant Awards. (1) To the of $1 million may be reduced below the timely manner. The rating of the extent you submit a full Section 108 amount requested by the applicant if ‘‘applicant’’ or the ‘‘applicant’s application with the BEDI grant HUD determines that such a reduction organization and staff’’ for technical application, HUD will evaluate your is appropriate. merit or threshold compliance, unless Section 108 application concurrently (4) HUD may decide not to award the otherwise specified, will include any with your request for BEDI grant funds. full amount of BEDI grant funds subcontractors, consultants, Note that BEDI grant assistance cannot available under this program section of subrecipients, and members of consortia be used to leverage a Section 108 loan this SuperNOFA and may make any that are firmly committed (i.e. have a guarantee approved prior to the date of remaining amounts available under a written agreement or a signed letter of HUD’s announcement of a BEDI grant future SuperNOFA. understanding with you agreeing in

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00499 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9820 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices principle to their participation and role (3) The capacity of subrecipients, Rating Factor 3: Soundness of in the project). In rating this factor, HUD nonprofit organizations and other Approach (25 Points) will consider the following: entities that have a role in implementing [Your response to this factor is limited (1) With regard to the BEDI/Section your proposed program will be included to three (3) pages.] 108 project you propose, you should in this review. HUD also may rely on This factor addresses the quality and demonstrate that you have the capacity information from performance reports, cost-effectiveness of your proposed to implement the specific steps required financial status information, monitoring plan. There must be a clear relationship to successfully carry out the proposed reports, audit reports and other between the proposed activities, BEDI/Section 108 project. This includes information available to HUD in making community needs and purposes of the factors such as your: its determination under this factor. program funding for you to receive (a) Performance in the administration points for this factor. In rating this of your CDBG, HOME or other Rating Factor 2: Distress/Extent of the factor, HUD will consider the following: programs; Problem (15 Points) (1) The quality of your plan/proposal (b) Previous experience, if any, in for using BEDI funds and Section 108 administering a Section 108 loan [Your response to this factor is limited loan funds, including the extent to guarantee; to three (3) pages.] which your proposed plan for effective (c) Performance and capacity in This factor addresses the extent to carrying out economic development use of BEDI grant/Section 108- which there is need for funding your guaranteed loan funds will address the projects; proposed activities based on levels of (d) Performance and capacity to carry needs you described in Rating Factor 2 distress, and an indication of the above regarding the distress and extent out Brownfields redevelopment urgency of meeting the need/distress in projects; of the problem in your immediate your target area. (e) Ability to conduct prudent community and/or jurisdiction. As part underwriting; (1) In applying this factor, HUD will of the response to this factor, you (f) Capacity to manage and service consider current levels of distress in the should identify the eligible activities loans made with the guaranteed loan immediate community to be served by you will carry out and fully describe funds or previous EDI or BEDI grant your project and the jurisdiction how your project will achieve a CDBG funds; applying for assistance. If you are able national objective. You should make (g) Capacity to carry out your projects to indicate a level of distress in the substantial efforts to demonstrate how and programs in a timely manner; and, immediate project area that is greater your proposed project would mitigate or (h) If applicable, your capacity to than the level of distress in your otherwise address the distress you manage projects under this program jurisdiction as a whole, HUD will give identified in Rating Factor 2 above. (2) The extent to which your plan is section of this SuperNOFA along with your application a higher score under logically, feasibly, and substantially any federal funds awarded as a result of this factor than other applications that likely to achieve your stated purpose. a federal urban Empowerment Zone/ do not. HUD requires you to use sound HUD’s desire is to fund projects and Enterprise Community designation and reliable data that is verifiable to (including Enhanced Enterprise activities that will quickly produce support the level of distress you claim Community (EEC) designations). demonstrable results and advance the (2)(a) If you have previously received in your application. You must provide public interest including the number of an EDI or BEDI grant award(s), you must a source for all information you cite and jobs to be created by the project. You describe the status of the indicate the publication date or should demonstrate that you have a implementation of those project(s) origination date of the data. clear understanding of the steps assisted with EDI or BEDI funds, any (2) In previous EDI competitions, the required to implement your project, the delays that have been encountered and poverty rate was often considered the actions that you and others responsible the actions you are taking to overcome best indicator of distress. You must for implementing the project must any such delays in order to carry out the provide the poverty rate for your complete. You must include a project in a timely manner. For such jurisdiction as a whole and for the areas reasonable time schedule for carrying previously funded EDI or BEDI grant to be served and/or where the BEDI/ out your project. The application kit projects, HUD will consider the extent Section 108-funded project is located; contains a timeline form that you must to which you have used the awarded however, in addition, you may use to indicate your project timing. EDI or BEDI grant funds and the demonstrate the level of distress with (3) The extent to which your response associated Section 108-guaranteed loan other factors such as income levels and to this factor takes into account certain funds. unemployment rates. site selection, planning, and (b) Further, if you have EDI or BEDI environmental issues. Further, you are funds and related Section 108 loan (3) To the extent that your cautioned against proposing projects on guarantee authority available as a result Consolidated Plan and its Analysis of sites where the nature and degree of of earlier HUD awards and Impediments to Fair Housing choice environmental contamination is not commitments for activities such as (but (AI) identifies the level of distress in the well quantified or that are the subject of not limited to) economic development community and the neighborhood in on-going litigation or environmental loan funds, community development which your project is being carried out, enforcement. Sites with unknown or banks, and community and individual you should include references to such exceptionally expensive contamination investment corporations, you should documents in preparing your response problems may be beyond the scope of use those existing financial resources to this factor. Also, you should discuss the BEDI program’s financial resources, before applying for additional BEDI or the extent to which the analysis of and sites subject to pending and current EDI funds and Section 108 impediments identifies unhealthy litigation may not be available for commitments. If HUD determines that environmental conditions, such as remediation and development in a you could fund your project from such contaminated soil and/or water and how timeframe consistent with HUD’s desire existing resources, HUD will reduce such conditions negatively impact your for rapid progress in the use of BEDI and your score under this rating factor to 0. target neighborhood. Section 108 funds.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00500 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9821

(4) The extent to which your projects the leverage ratio of Section 108 loan profits or other sources. Funds will be will integrate environmental justice proceeds to BEDI grant funds. This considered pledged to your project if concerns and provide demonstrable factor has three subfactors, each with its there is evidence of the third party’s benefits for affected communities and own maximum point total: written commitment to make the funds their residents. The BEDI program is (1) Leverage of Section 108 funds (20 available for the BEDI/108 project, intended to promote the clean up and points). [Your response to this subfactor subject to approval of the BEDI and redevelopment of brownfields sites. is limited to one (1) page.] The Section 108 assistance and completion (5) The extent to which your proposed minimum ratio of Section 108 funds to of any environmental clearance required project addresses your Analysis of BEDI funds in any project may not be under 24 CFR part 58 for the project. Impediments and the needs identified less than 1:1. The extent to which your Note that with respect to CDBG funds, in Rating Factor 2; the extent to which proposed project leverages an amount of your pledge of your CDBG funds will be such project activities will result in the Section 108 funds beyond the 1:1 ratio considered sufficient commitment. physical and economic improvement for will be considered a positive factor. If the residents in the neighborhood in you have a ratio of 1:1, your application Rating Factor 5: Comprehensiveness which your project will be carried out; will not receive any points under this and Coordination (10 Points) the extent to which you will offer subfactor. If you use your BEDI grant to [Your response to this factor is limited residents an opportunity to relocate to leverage more new Section 108 to two (2) pages.] environmentally healthy housing or commitments, your application will This factor addresses the extent to neighborhoods; or the extent to which receive more points under this which you have coordinated your residents will benefit from the funded subfactor. activities with other known project to enable them to continue to (2) Financial feasibility (10 points). organizations; you participate or live in a redeveloped or revitalized [Your response to this subfactor is promote participation in your or a neighborhood and thus share in the limited to three (3) pages.] HUD will State’s Consolidated Planning process; anticipated economic benefits and consider the extent to which you and you are working towards addressing environmental improvements your demonstrate that your project is a need in a comprehensive manner project is expected to generate. financially feasible. In responding to through linkages with other activities in (6) The extent to which your project this subfactor, you must clearly address the community. incorporates one or more elements that the question of why the BEDI funds are In evaluating this factor, HUD will facilitate a successful transition of critical to the success of your project. consider the extent to which you welfare recipients from welfare to work. This may include factors such as: demonstrate you have: Such an element could include, for (a) Project costs and financial (1) Coordinated your proposed example, linking your proposed project requirements. You should provide a activities with those of other groups or or loan fund to social and/or other funding sources and uses statement (not organizations before submitting your services needed to enable welfare included in the 3 page narrative limit), application, in order to best recipients to successfully secure and as well as justifications for project costs. complement, support and coordinate all carry out full-time jobs in the private (b) The amount of any debt service or known activities; and developed sector; provision of job training to operating reserve accounts you will specific steps to share information on welfare recipients who might be hired establish in connection with your solutions and outcomes with others. by businesses financed through the economic development project. proposal; and/or incentives for (c) The reasonableness of the costs of Describe any written agreements or businesses financed with BEDI/section any credit enhancement you pay with memoranda of understanding in place, 108 funds to hire and train welfare BEDI grant funds. or that will be in place after award. recipients. (d) The amount of program income (if (2) Developed linkages, or specific (7) Due to an order of the U.S. District any) you will receive each year during steps to develop linkages with other Court for the Northern District of Texas, the repayment period for the guaranteed activities, programs or projects (through Dallas Division, with respect to any loan. meetings, information networks, application submitted by the City of (e) Interest rates on those loans to planning processes or other mechanisms Dallas, Texas, HUD’s consideration of third parties (other than subrecipients) to coordinate your activities), so that the response to this factor, ‘‘Soundness (either as an absolute rate or as a plus/ solutions are holistic and of Approach’’ will include the extent to minus spread to the Section 108 rate). comprehensive. Describe any linkages which Dallas’’ plan for BEDI funds and (f) Underwriting criteria that you will with other HUD-funded projects/ Section 108 loans will speed eradication use in determining project feasibility. activities outside the scope of those of the vestiges of racial segregation in (3) Leverage of other financial covered by the Consolidated Plan, as the Dallas Housing Authority’s resources (5 points). [Your response to well as established linkages and programs consistent with the Court’s this subfactor is limited to one (1) page outreach with residents of your project order. Up to two (2) additional points plus supporting documentation area. will be awarded to any application evidencing third party commitment (3) Coordinated your efforts with submitted by the City of Dallas, Texas, (written and signed) of funds.] HUD will other Federal, State or locally supported to the extent this subfactor is addressed. evaluate the extent to which you activities, including EPA’s various leverage other funds (public or private) Brownfields initiatives, and those Rating Factor 4: Leveraging Resources/ with BEDI grant funds and section 108 proposed or on-going in the community. Financial Need (35 Points) guaranteed loan funds, and the extent to VI. Application Submission [Page limits for the response to this which such other funds are firmly Requirements factor are listed separately for each pledged to the project. This could subfactor under this factor.] include the use of CDBG funds, other (A) Public entities seeking BEDI In evaluating this factor, HUD will Federal or state grants or loans, your assistance must make a specific request consider the extent to which your general funds, project equity or for that assistance, in accordance with response demonstrates the financial commercial financing provided by the requirements of this program section need and feasibility of your project and private sources or funds from non- of this SuperNOFA.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00501 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9822 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(B) You must submit an original and (a) Rating Factor 1: Capacity and project or activity assisted under this one copy of the items listed below to Relevant Organizational Experience. program is subject to the provisions of HUD Headquarters (see the section Provide a narrative indicating your 24 CFR part 58, including limitations on ‘‘Addresses For Submitting capacity and the relevant capacity of the EDI grant and Section 108 public Applications in this program section of your organization and staff to perform entity’s commitment of HUD and non- this SuperNOFA). In addition, you must the work for which you are requesting HUD funds prior to the completion of submit one additional copy directly to funding. environmental review, notification and the Community Planning and (b) Rating Factor 2: Need Statement release of funds. HUD will not release Development Division of the Identifying the level of Distress/Extent such assistance until you submit a appropriate HUD Field Office for your of the Problem. Provide a narrative request for release of funds and you jurisdiction. statement including any documentation satisfy the requirements of 24 CFR part (C) Your BEDI application consists of supporting your statement of need. You 58. All public entities, including the items listed in this Section VI(C). may also use optional form HUD– nonentitlement public entities, must These items include the standard forms, 40076–EDI/BEDI as a format to respond submit the request for release of funds certifications, and assurances listed in to this factor for award. and related certification, pursuant to 24 Section II(G) of the General Section of (c) Rating Factor 3: Soundness of CFR part 58, to the appropriate HUD Approach. Include your activities, the SuperNOFA that are applicable to field office for each project to be budget and time frame for conducting this funding (collectively, referred to as assisted. activities in your response (see form the ‘‘standard forms’’). Additional (B) Environmental Justice. (1) HUD–40076–EDI/BEDI). application items that are forms (i.e., (d) Rating Factor 4: Leveraging Executive Order 12898 (Federal Actions excluding such items as narratives or Resources/Financial Need. Your to Address Environmental Justice in letters, etc.), referred to as the ‘‘non- response should include a completed Minority Populations and Low-Income standard forms’’ can be found in copy of form HUD–40076–EDI/BEDI, Populations directs Federal agencies to Appendix A to the EDI program section ‘‘Rating Factor 4: Leveraging Resources/ develop strategies to address of the SuperNOFA (which immediately Financial Need Sources and Uses environmental justice. Environmental precedes this BEDI program section). Statement.’’ justice seeks to rectify the (1) Transmittal Letter signed by the (e) Rating Factor 5: disproportionately high burden of authorized representative of your Comprehensiveness and Coordination. environmental pollution that is often organization indicating that you are Provide a narrative response to this borne by low-income, minority, and submitting your application for funding factor. other disadvantaged communities, and under the Economic Development (D) A single application must contain to ensure community involvement in Initiative Program and you are a request for funds for a single BEDI/108 policies and programs addressing this requesting funding consideration for an project. You may submit more than one issue. EDI project. application for each additional (2) Brownfields are often located in (2) Checklist and Submission Table of unrelated BEDI/108 project. Each distressed neighborhoods, contribute to Contents indicating the page numbers application will be rated and ranked neighborhood blight, and lower the where the submission items can be individually. In no event will HUD rate quality of social, economic, and found in your application (form HUD– and rank more than one BEDI project environmental health of communities. 40076–EDI/BEDI). per application. The BEDI program is intended to (3) Section 108 Funding Eligibility (E) Your application must meet all of promote the clean up and Statement. A completed EDI/BEDI the applicable threshold requirements of redevelopment of brownfields sites and, Section 108 Funding Eligibility Section II(B) of the General Section of to this end, HUD expects that projects Statement (form HUD–40076–EDI/ this SuperNOFA. presented for BEDI funding will BEDI). VII. Corrections to Deficient integrate environmental justice concerns (4) Request for Loan Guarantee Applications and provide demonstrable benefits for Assistance. A request for loan guarantee affected communities and their The General Section of the residents. assistance under Section 108, as further SuperNOFA provides the procedures for described in Section IV(C) of this corrections to deficient applications. IX. Authority program section of the SuperNOFA. Full application guidelines for the Section VIII. Environmental Requirements Section 108(q), Title I, Housing and 108 program are found at 24 CFR (A) Environmental Review. After the Community Development Act of 1974, 570.704. completion of this competition and after as amended, (42 U.S.C. 5301–5320); 24 (5) Narrative Response to Factors for HUD’s award of BEDI grant funds, CFR part 570. Award: pursuant to 24 CFR 570.604, each BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00502 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9823

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00503 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00504 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9825

FUNDING AVAILABILITY FOR SELF- Housing Programs, Department of consortium, one organization must be HELP HOMEOWNERSHIP Housing and Urban Development, Room chosen as the lead entity. The lead OPPORTUNITY PROGRAM (SHOP) 7168, 451 Seventh Street, SW, entity must submit the application and, Program Overview Washington, DC 20410; telephone (202) if selected for funding, will execute the 708–2684, ext. 4594 (this is not a toll- grant agreement and assume primary Purpose of the Program. To facilitate free number). This number can be responsibility for carrying out grant and encourage innovative accessed via TTY by calling the Federal activities in compliance with all homeownership opportunities through Information Relay Service Operator at program requirements. Other self-help housing where the homebuyer 1–800–877–8339. participants in your consortium must be contributes a significant amount of Satellite Broadcast. HUD will hold an identified in your application. sweat-equity toward the construction of information broadcast via satellite for Your application may not propose a the new dwelling. potential applicants to learn more about partnership with or funding for any Available Funds. Approximately $20 the program and preparation of the affiliate or consortium member which is million. application. For more information about also included in another SHOP Eligible Applicants. You must be a the date and time of the broadcast, you application. You must assure that any nonprofit national or regional should consult the HUD web site at affiliate, consortium member, or organization or consortium. http://www.hud.gov. potential subrecipient under your FY Application Deadline. April 25, 2000. II. Amount Allocated 2000 application is not also seeking Match. None. funding from another SHOP applicant The amount available for this program Additional Information for FY 2000 funds. is approximately $20,000,000 (C) Eligible Activities. The only If you are interested in applying for eligible activities are land acquisition funding under this program, please III. Program Description; Eligible Applicants; Eligible Activities (including financing and closing costs), review carefully the General Section of infrastructure improvement (installing, this SuperNOFA and the following (A) Program Description. SHOP is extending, constructing, rehabilitating, additional information: intended to facilitate and encourage or otherwise improving utilities and innovative homeownership I. Application Due Date, Standard other infrastructure, including removal opportunities on a national of environmental hazards), and Forms, Further Information, and geographically-diverse basis through Technical Assistance administration, planning and self-help housing where the homebuyer management development [as defined] Application Due Date. Applications contributes a significant amount of under the HOME Investment for SHOP grants must be physically sweat-equity toward the construction or Partnerships Program (24 CFR part received by HUD on or before 12:00 rehabilitation of the dwelling. 92.207) and not to exceed 20 percent of midnight, Eastern time on April 25, Decent, safe, and sanitary non-luxury any SHOP grant. Costs associated with 2000. dwellings developed under SHOP must the rehabilitation, improvement, or See the General Section of this be made available to eligible construction of dwellings are not SuperNOFA for specific procedures homebuyers at prices below the eligible uses of program funds. governing the form of application prevailing market prices. Eligible submission (e.g., mailed applications, homebuyers are low-income families IV. Program Requirements express mail, overnight delivery, or (families whose annual incomes do not In addition to the program hand carried). exceed 80 percent of the median income requirements listed in the General Address for Submitting Applications. for the area, as established by HUD) who Section of this SuperNOFA, you are Submit one original and two copies of are unable to purchase a dwelling. subject to the following SHOP the application to Department of Housing assisted under this Notice must requirements: Housing and Urban Development, Office involve community participation (A) Statutory Requirements. You must of Community Planning and through the use of homebuyers and/or comply with all statutory requirements Development, Processing and Control volunteers in the construction of applicable to SHOP as cited in Section Unit, 451 Seventh Street, SW, Room dwellings and by other activities which IX of this program section below. There 7251, Washington, DC 20410, ATTN: involve the community in the project. are no regulations for this program. You Self-Help Homeownership Opportunity (B) Eligible Applicants. You must be must be capable of: Program. a nonprofit national or regional (1) Developing, through significant For Application Forms. Copies of the organization or consortium that has the amounts of sweat-equity and volunteer standard forms are located in the capacity and experience to provide or labor, at least 30 dwellings at an average General Section of this SuperNOFA or facilitate self-help housing cost of no more than $10,000 per unit you may request copies by calling homeownership opportunities. Local in SHOP funds; HUD’s SuperNOFA Information Center affiliates of national or regional (2) Using your grant to leverage other at: 1–800–HUD–8929. If you have a organizations or consortia must apply as sources of funding, including private or hearing or speech impairment, please part of the national or regional other public funds; call the Center’s TTY number at 1–800– organization or consortia and may not (3) Developing quality dwellings that HUD–2209. When requesting apply for SHOP independently. comply with local building and safety application forms, you should refer to ‘‘Regional’’ is defined for the purpose of codes and standards and which will be SHOP and provide your name and this program section of the SuperNOFA available to homebuyers at prices below address (including zip code) and to be a ‘‘regional area’’ such as the the prevailing market price; and telephone number (including area code). Southwest or Northeast which must (4) Scheduling activities to expend all You may also access the application on include at least two or more States (the grant funds awarded and substantially the Internet through HUD’s web site at States need not be contiguous and the fulfill your construction obligations www.hud.gov. operational boundaries of the under your grant agreement within 24 Further Information. You may contact organization need not precisely conform months after grant funds are first made Lou Thompson, Office of Affordable to State boundaries). If you are a available to you.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00505 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9826 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(B) Economic Opportunities for Low- (C) Threshold Requirements. The Rating Factor 1: Capacity of the and Very Low-Income Persons (Section following threshold requirements apply Applicant and Relevant Organizational 3). If you fund infrastructure specifically to SHOP. You must also be Staff (20 Points) improvements under this program, you sure to address the threshold This factor examines the extent to are required to comply with section 3 of requirements listed in the General which you, as a single applicant or as the Housing and Urban Development Section of the SuperNOFA and must a consortium (including sub-recipients Act of 1968, 12 U.S.C. 1701u (Economic submit all forms, certifications, and and/or members of the consortium, if Opportunities for Low- and Very Low- assurances identified in the General any), have the experience and Income Persons) and the HUD Section. organizational resources necessary to regulations at 24 CFR part 135, (1) You, the applicant, must be carry out the proposed activities in a including the reporting requirements eligible to apply under SHOP (see timely manner. Section III(B) of this program section of subpart E. Section 3 requires that you In evaluating this factor, HUD will provide training, employment and other the SuperNOFA). consider your recent and relevant economic opportunities, to the greatest (2) The amount of funding you experience in carrying out the activities extent feasible, to: (1) low- and very request must support no less than 30 you propose, and your administrative low-income persons, particularly those self-help units and may not exceed an ability, and fiscal management ability. who are recipients of government average amount of $10,000 per unit. HUD may also rely on information from assistance for housing and (2) business (3) The population you plan to serve performance reports, financial status concerns which provide economic must be eligible under SHOP (see information, monitoring reports, audit opportunities to low- and very low- Section III(A) of this program section of reports and other information available income persons. the SuperNOFA). (4) You must demonstrate that you to HUD in making its determination V. Application Selection Process have completed at least 30 self-help under this factor. If you are not a current (A) Rating. HUD will review all homeownership units within a national recipient of HUD funds, you may submit applications in accordance with the or regional area (where the homebuyers evidence of internal or external Application Selection Process in the contributed a significant amount of performance reports or other General Section of this SuperNOFA. sweat-equity and/or volunteer labor information which will assist HUD in HUD will review all applications based toward the construction of the making this determination. on the threshold factors listed in Section dwellings) within the 24-month period Submission Requirements for Rating V(C) of this program section below. preceding the publication of this Factor 1. Applications which meet all threshold SuperNOFA. (1) You must describe your past requirements will be rated according to Submission Threshold Requirements: experience in carrying out activities that the selection factors in this section of (1) Evidence of your non-profit status, are the same as, or similar to, the the SuperNOFA. Applications which do such as a copy of a current Internal activities you propose for funding, and not meet all threshold factors will be Revenue Service ruling that your demonstrate reasonable success in rejected and not rated. organization is exempt from taxation carrying out those activities. You may (B) Ranking and Selection Procedures. under section 501(c)(3) or 501(c)(4) of demonstrate such reasonable success by Applications that receive a total rating the Internal Revenue Code of 1986. showing that your previous activities of 60 points or more (without the Where an IRS ruling is unavailable, you were carried out as proposed and in a addition of EC/EZ bonus points) will be may submit a certified copy of your timely manner. You must show that eligible for selection, and HUD will approved charter, articles of established benchmarks were met and place them in rank order. After adding incorporation or bylaws demonstrating performance reports were prepared, as any bonus points for EC/EZ, HUD will that you are established as a nonprofit required. You must also describe any select these applications based on rank organization under state law. If you are delays that were encountered, and the order, up to and including the last a consortium, each participant in your actions you took to overcome such application that can be funded, up to consortium must be a nonprofit delays to successfully complete your amount of funding available. organization, but only the lead entity program. HUD reserves the right to fund less should submit evidence of its nonprofit (2) You must demonstrate that you than the full amount requested in any status. However, the lead entity must have completed at least 30 self-help application to ensure a fair distribution maintain a copy of the above-described homeownership units within a national of the funds and that dwellings will be documentation for each participant in or regional area (where the homebuyers developed on a national geographically- your consortium. contributed sweat-equity and/or diverse basis as required by the statute. Submission threshold requirements volunteer labor toward the construction HUD will not fund any portion of an (2) through (4) require no additional of the dwellings) within the 24-month application that is ineligible for funding submissions. These requirements are period preceding the publication of this under program statutory requirements, addressed under the submission SuperNOFA. or which does not meet the requirements for the rating factors listed (3) You must provide a description of requirements of the General Section of in Section V(D) of this program section your management structure. You must this SuperNOFA or the requirements in of the SuperNOFA below. also describe how you will staff and the SHOP section of the SuperNOFA. (D) Factors for Award Used to manage your proposed activities. HUD will not fund any eligible Evaluate Applications. HUD will rate all (4) You must demonstrate your ability applicant for less than the minimum SHOP applications that successfully to handle financial resources with amount necessary to complete at least complete technical processing using the adequate financial control and 30 homes (at a maximum of $10,000 per Rating Factors and the Application accounting procedures. Your existing home or a lesser amount if lower costs Submission Requirements described financial control procedures must meet are reflected in the application). If funds below. The maximum number of points 24 CFR 84.21, ‘‘Standards for Financial remain after all selections have been for this program is 102. This includes Management Systems.’’ You must made, these funds may be available for two EZ/EC bonus points, as described in provide a copy of your most recent audit other competitions. the General Section of the SuperNOFA. (only an audit of the lead entity must be

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00506 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9827 provided with an application for a (2) How your planned activities the community, and describe how you consortium). further one or more of the policy will ascertain and measure the benefits. (5) You must demonstrate your priorities of the Department. (7) Provide a detailed budget with a experience and ability in constructing Departmental policy priorities are: break-out for each proposed task and and altering homes with accessibility (i) Affirmatively furthering fair each budget category (acquisition, features, when necessary. housing by promoting greater infrastructure improvements, and opportunities for housing choice for all administration) in the SF–424A. Rating Factor 2: Need/Extent of the (8) Demonstrate that projected costs Problem (15 Points) segments of the population regardless of race, color, religion, national origin, sex, for the proposed activities do not This factor examines the extent to familial status and disability; deviate substantially from the norm in which you identify the community (ii) Promoting healthy homes; the locale in which your activities will need, or problem, or distress that your (iii) Providing opportunities for self- take place, will not exceed an average proposed activities will target, and the sufficiency, particularly for persons cost of $10,000 per home in SHOP urgency of meeting that need. enrolled in Welfare to Work programs; funds, and your ability to carry out your The purpose of this factor is to make (iv) Providing educational and job proposed activities cost effectively. sure that funding is provided where a training opportunities through such (9) Describe how the policy priorities need for funding exists. Under this initiatives as Neighborhood Networks, of the Department are furthered and factor, you must identify the need or and linking programs to AmeriCorps PATH technologies are addressed by needs in the community that your activities; and your proposed activities. proposed activities are designed to (v) Enhancing on-going efforts to (10) Describe how you will reach address or, if you plan to select specific eliminate drugs and crime from potential homebuyers through the use of subrecipients only after you receive neighborhoods through program policy services and materials that are SHOP funding, you must demonstrate efforts such as ‘‘One Strike and You’re accessible or visitable to all persons, how you plan to identify need prior to Out’’ or the ‘‘Officer Next Door’’ including persons with disabilities (e.g., your selection of any subrecipients. initiative. languages, formats, locations, Submission Requirements for Rating (3) Your SHOP strategy to employ the distribution, use of minority media to Factor 2. President’s Partnership for Advancing attract those least likely to apply). (1) Identify the communities or areas (11) Describe how activities will Technology in Housing (PATH) in which your proposed activities will benefit eligible homebuyers and your technologies to improve the be carried out or how you will select selection factors for participating affordability, durability, energy communities or projects based on need homebuyers. efficiency, environmental protection, after you have received an award under (12) Describe how your proposed disaster resistance and safety of SHOP. activities will yield long-term results housing. HUD will consider how your (2) Depending on the type of activities and innovative strategies or ‘‘best planned activities exceed prevailing proposed, the kind of information you practices’’ that can be readily national building practices by: reducing submit to demonstrate the need or needs disseminated to other organizations, costs of housing; improving durability in the target area may include, but is not communities, and/or State and local and reducing maintenance costs; limited to, one or more of the following: governments. (a) Housing market data such as increasing safety and disaster resistance; (13) Describe how your program will information included in the local Five and reducing energy consumption and provide reasonable accommodations for Year Comprehensive Plan or other data environmental impact. For additional persons with a variety of disabilities by sources; information, PATH’s web address is providing ‘‘sweat equity’’ assignments (b) Data dealing with such factors as http://www.pathnet.org. which can be performed by the client housing density, housing affordability, Submission Requirements for Factor regardless of disability; accessible housing age or deterioration, and lack of 3. housing regardless of the nature of the adequate infrastructure or utilities; (1) Identify all activities you propose disability of its intended residents; and (c) Data on the need for accessible to fund with SHOP. ‘‘visitable’’ housing for all clients. homes in the area; (2) Provide a timetable for the (d) Evidence of housing selection of your participating local Rating Factor 4: Leveraging Resources discrimination; affiliates or partners, if they are not (15 Points) (e) Evidence from the local Analysis specified in the application. This factor addresses your ability to of Impediments to Fair Housing Choice (3) Submit a construction and secure other resources that can be which shows the need for this program. completion schedule which expends combined with HUD’s program SHOP funds within 24 months and resources to achieve the purposes of Rating Factor 3: Soundness of demonstrates that remaining housing SHOP. HUD will consider the extent to Approach (40 Points) construction will be completed within a which you document firm commitments This factor examines the quality of reasonable period of time. of resources in the form of cash funding, your plan of proposed activities. In (4) List the benchmarks against which in-kind contributions, or personnel from evaluating this factor HUD will HUD is to measure your performance Federal, State, local, and private consider: progress in expending funds, sources, who are jointly referred to as (1) The specificity in your plan; your completing activities, and substantially your leverage partners. HUD will also established benchmarks for fulfilling the obligations of SHOP. consider the extent that the applicant’s performance; your schedule for (5) Describe how your proposed proposed sweat-equity requirements expending funds and completing activities address the need or needs you and other leveraged resources will serve construction; your proposed budget and have identified under Rating Factor 2, to reduce costs to the homebuyers. the cost effectiveness of your program; above. Submission Requirements for Factor and your plans to reach all potentially- (6) List the long-and short-term 4. eligible homebuyers, including those benefits from your activities to the (1) Provide a list of amounts and with disabilities or least likely to apply. community and targeted groups within sources of all firm commitments of cash

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00507 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9828 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices funding, in-kind contributions, or role they will have in carrying out such lllHUD–50070, Certification for a personnel from other Federal, State, activities. Drug-Free Workplace local, and private sources which will be (2) Describe how you will share with lllHUD–50071, Certification of available to complete your project. others information on solutions and Payment to Influence Federal Together with the grant funds, these outcomes resulting from the activities, if Transactions commitments must be sufficient to funded. lllSF–LLL, Disclosure of Lobbying develop not less than 30 units. (3) Describe the specific steps you Activity, as applicable (2) Provide copies of written evidence have taken or will take to become active lllHUD–2880, Applicant/Recipient to support your list of firm in the community’s Consolidated Plan Disclosure/Update Report and Analysis of Impediments to Fair commitments from the source of the lllHUD–2990, Certification of Housing Choice process; or the commitment. There must be a written Consistency with the EZ/EC community’s Indian Housing Plan agreement to provide the resources. The Strategic Plan written agreement may be contingent process; and to address, through these lllHUD–2992, Certification upon you receiving a grant award. processes, the needs that are the focus Regarding Debarment and (3) Provide a description of the of the proposed activities. (4) Describe the specific steps you Suspension individual sweat-equity requirements of lll your program and how this contribution have taken, or will take, to coordinate HUD–2993, Acknowledgement of of labor will serve to reduce the costs of your activities with other proposed or Application Receipt the home to the homebuyer. Reasonable on-going activities in the community VII. Corrections to Deficient accommodation must be allowed for funded by Federal, State, local, or Applications persons with a variety of disabilities to private sources (through meetings, The General Section of the participate in your program. information networks, planning processes, or other mechanisms). SuperNOFA provides the procedures for Rating Factor 5: Comprehensiveness corrections to deficient applications. and Coordination (10 Points) VI. Application Requirements and Checklist for Application Submission VIII. Environmental Requirements This factor addresses the extent to which your application reflects a Your application consists of the items The provisions contained in Section coordinated, comprehensive approach listed in this Section VI. The standard 305(c) of the Multifamily Housing to identifying community needs and forms, certifications, and assurances Property Disposition Reform Act of addressing them on an ongoing basis. In that are applicable to this funding 1994, Environmental Review, evaluating this factor, HUD will (collectively, referred to as the implemented in the Environmental consider: ‘‘standard forms’’) can be found in Review regulations at 24 CFR part 58, (1) The extent to which you Appendix B to the General Section of are applicable to properties assisted demonstrate the support and the SuperNOFA. with SHOP funds. All SHOP assistance participation of the community’s lllStandard Form 424, Application is subject to the National Environmental residents, organizations, businesses, and for Federal Assistance (signed by Policy Act of 1969 and related federal government in the design and the authorized representative environmental authorities. SHOP grant implementation of the proposed organization eligible to receive applicants are cautioned that no federal activities. funds) or non-federal funds or assistance which (2) The specific steps you will take to lllEvidence of Non-Profit status limits reasonable choices or could share information on solutions, Narrative Statement Addressing: produce a significant adverse outcomes, and best practices resulting lllFactor 1—Capacity of the environmental impact may be from the activities, if funded. Applicant and Relevant committed to a project until all required (3) The specific steps you have taken Organizational Staff, including environmental reviews and notifications or will take to coordinate, through recent audit. have been completed by a unit of meetings, information networks, lllFactor 2—Need/Extent of the general local government, tribe or State planning processes, or other Problem and until HUD approves a recipient’s mechanisms, your activities with other lllFactor 3—Soundness of request for release of funds under the proposed or on-going activities in the Approach environmental provisions contained in community funded by Federal, State, lllFactor 4—Leveraging Resources 24 CFR part 58. lll local, or private sources. Factor 5—Comprehensiveness IX. Authority Submission Requirements for Factor and Coordination 5. Forms, Certifications and Assurances: The funding made available under (1) Describe what role residents, lllSF 424A, Budget Information, this program section of the SuperNOFA community leaders and organizations, Non-Construction Programs is authorized by section 11 of the and government and private entities in lllSF 424B, Assurances—Non- Housing Opportunity Program the targeted community have had, or Construction Programs Extension Act of 1996 (42 U.S.C. 12805 will have, in planning the activities lllSF 424M, Federal Assistance note) (the ‘‘Extension Act’’). described in your application and what Funding Matrix BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00508 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9829

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00509 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00510 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9831

FUNDING AVAILABILITY FOR THE Field Office during normal business (2) To foster the development of YOUTHBUILD PROGRAM hours before the application due date. leadership skills and commitment to PROGRAM OVERVIEW On the application due date, business community; hours will be extended to 6:00 p.m. (3) To expand the supply of Purpose of the Program. The purpose local time. Please be sure to arrive at the permanent affordable housing for of the Youthbuild program is to assist HUD Field Office with adequate time to homeless and low- and very low-income disadvantaged young adults in submit the application before the 6:00 persons by providing implementation completing their high school education, pm deadline by the application due grants for carrying out a Youthbuild and provide them with construction and date. program. the training on worksite for housing For Application Kits. For an (4) To provide disadvantaged young designated for homeless persons and application kit and any supplemental adults with meaningful on-site training low- and very low income families, material please call the SuperNOFA experiences in housing construction and leadership skills to further opportunities Information Center at 1–800–HUD– rehabilitation to enable them to render for their gainful employment. 8929. Persons with hearing or speech a service to their communities by Available Funds. Approximately impairments may call the Center’s TTY helping to meet the housing needs of $40,000,000 is available for the number at 1–800–HUD–2209. An homeless persons and low-income Youthbuild Program. application kit also will be available on families; Eligible Applicants. Eligible the Internet through the HUD web site (5) To give, to the greatest extent applicants are public or private at http://www.hud.gov. When feasible, job training, employment, nonprofit agencies, State or local requesting an application kit, please contracting and other economic housing agencies or authorities, State or refer to Youthbuild and provide your opportunities to low-income persons. local units of general local government, name, address (including zip code), and (B) Eligible Activities. (1) Work and or any entity eligible to provide telephone number (including area code). activities associated with the education and employment training For Further Information. You may acquisition, rehabilitation or under other Federal employment contact Phyllis Williams, Office of construction of the housing, as defined training programs, as further defined in Economic Development and in HUD’s regulations at 24 CFR 585.309, HUD’s regulation at 24 CFR 585.4. Empowerment Service in the Office of 585.310, and 585.311. Application Deadline. June 6, 2000. Community Planning and Development, (2) Relocation payments and other Match. None. Department of Housing and Urban assistance required to comply with Additional Information Development, 451 Seventh Street, SW, HUD’s regulation at 24 CFR 585.308; (3) Costs of ongoing training and Room 7140, Washington, DC 20410, If you are interested in applying for technical assistance needs related to telephone (202) 708–2035. Persons with funding under this program, please carrying out a Youthbuild program; speech or hearing impairments may call review carefully the General Section of (4) Education, job training, HUD’s TTY number (202) 708–0770, or this SuperNOFA and the following counseling, employment, leadership 1–800–877–8399 (the Federal additional information. development services and optional Information Relay Service TTY). Other activities that meet the needs of the I. Application Due Date, Application than the ‘‘800’’ number, these numbers participants including entrepreneurial Kits, Further Information, and are not toll-free. Technical Assistance training, drivers’ education, internships, For Technical Assistance. Write or programs for those with learning Application Due Date. Your call Peter Twichell, YouthBuild USA, disabilities, and in-house staff training. completed application (one original and 58 Day Street, Somerville, MA 02144, (5) Outreach to potential participants; two copies) is due on or before 12:00 telephone (617) 623–9900, ext. 1211, (6) Wages, benefits, and need-based midnight, Eastern time, on June 6, 2000. under contract with HUD to provide stipends for participants; and See the General Section of this technical assistance in developing your Administrative costs—Youthbuild funds SuperNOFA for specific procedures that application. for these costs should not exceed 15 you must follow for the form of II. Amount Allocated percent of the total amount of application submission (e.g., mailed Youthbuild assistance, unless a higher applications, express mail, overnight Approximately $40,000,000 is amount is justified to support capacity delivery, or hand carried). available for the Youthbuild Program. development by a private nonprofit Addresses for Submitting The net available program funds will be organization. Applications. To HUD Headquarters. divided between two categories of Please refer to HUD’s regulation at 24 Your completed application consists of grants as described in Section III(C) of CFR 585.305 for further details on an original signed application and two this program section of the SuperNOFA: eligible activities. copies. Submit the original application 1. $4,800,000—Grants for new and one copy, by hand or mail delivery, applicants for up to $300,000; and IV. Program Requirements to: Processing and Control Branch, 2. $35,200,000—Grants for up to In addition to the program Office of Community Planning and $700,000. requirements listed in the General Development, Department of Housing Section of this SuperNOFA, as an III. Program Description; Eligible and Urban Development, 451 Seventh applicant you must comply with the Applicants; and Eligible Activities Street, SW, Room 7255, Washington, DC following requirements: 20410, Attention: Youthbuild Grant. (A) Program Description. The (A) Eligible Participants. Participants To the Appropriate CPD Field Office. purposes of the Youthbuild Program are: in a Youthbuild program must be very Submit the second copy of your (1) To provide economically- low-income high school dropouts application to the Community Planning disadvantaged young adults with between the ages of 16 and 24, and Development Division of the opportunities to obtain an educational inclusive, at the time of enrollment. Up appropriate HUD Field Office for your experience that will enhance their to 25 percent of participants may be jurisdiction. A hand carried application employment skills, as a means to above very low-income or high school will be accepted at the specified HUD achieving self-sufficiency; graduates (or equivalent), but must have

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00511 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9832 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices educational needs that justify their V. Application Selection Process effective date of the grant agreement, or participation in the program. You, the applicant, must meet all of such other period specified. (B) Locational Limitations. You may the applicable threshold requirements of (E) Maximum Awards. Under the submit more than one application in the Section II(B) of the General Section of competition established by this current competition if your program’s the SuperNOFA. HUD will review each Youthbuild Program section of the participant recruitment and housing application and assign points in SuperNOFA, the maximum award for a areas are in different jurisdictions. Each accordance with the selection factors Youthbuild grant is $700,000. HUD application you submit may only described in this section. The maximum reserves the right to determine the propose activities to carry out one number of points is 102 (except for an maximum or minimum of any Youthbuild program, i.e., to start a new application submitted by the City of Youthbuild award per application, Youthbuild program or to fund new Dallas, Texas, which would be eligible project, or budget line item. HUD will classes of Youthbuild participants for an for a maximum of 104 points, in not make amendments to awards under existing program. accordance with paragraph (3) of Rating this competition that will increase (C) Youthbuild Program Components. Factor 3 below). This maximum previously approved grant amounts. To Youthbuild programs that receive includes two Empowerment Zone/ ensure reasonable geographic diversity, assistance under this Youthbuild Enterprise Community (EZ/EC) bonus HUD will not give a CDBG entitlement Program section of the SuperNOFA points as described in the General jurisdiction more than $2.1 million in must contain the three components Section of the SuperNOFA. Youthbuild grants under this described in paragraphs (1), (2), and (3) (A) Rating and Ranking. HUD will competition. below of this Section IV(C). rate each eligible application based (F) Potential Environmental (1) Educational and job training upon the rating factors described in Disqualification. HUD reserves the right services. Section V of this Youthbuild Program to disqualify an application where one (2) Leadership training, counseling, section of the SuperNOFA. Using the or more environmental thresholds are and other support activities. scores assigned, HUD will place the exceeded if HUD determines that it (3) On-site training through actual application in rank order within each cannot conduct the environmental housing rehabilitation and/or new category. HUD will select applications review and satisfactorily complete the construction work, including the for funding in accordance with their review within the HUD application provision of alternative training rank order. To be eligible for funding, an review period. (See 24 CFR 585.307.) experiences that are necessary as a application must have a score of 50 Environmental thresholds are explained reasonable accommodation for students points for Rating Factors 1, 2, and 3. in Appendix A of this program section with disabilities. Your application must If two or more applications are rated of this SuperNOFA. Complete form contain a letter from the property owner fundable, and have the same score, but 2Cl3a, 2C13b,or 2C13c and form 2C15 management company(ies) allowing there are insufficient funds to fund all only if you are proposing to use access to the housing site(s) for on-site of them, HUD will select the Youthbuild funds for new housing construction training. Each program application(s) with the highest score for construction or rehabilitation. must be structured so that 50 percent of Rating Factor 3(1) under Soundness of (G) Notification of Approval or each participant’s time is spent in on- Approach. If two or more applicants Disapproval. HUD will notify you site training and the other 50 percent in still have the same score, the highest whether or not you have been selected educational training. score in the following factors will be for an award. If you are selected, HUD’s (D) Classroom Limitation. If you are a selected sequentially until one highest notice to you of the amount of the grant first time applicant and apply under the score can be determined: Rating Factor award based on the approved Category 1 Grant described in Section 1 (Capacity and Experience), Rating application will constitute HUD’s V(C) below of this program section, you Factor 4 (Leveraging of Resources), preliminary approval, subject to should have a graduating class of not Rating Factor 2 (Need). execution of the grant agreement by more than 20 students. (C) Categories of Grants. HUD will HUD. (E) Desirable Elements of a make grants in two categories: (H) Factors for Award Used to (1) Category 1 Grants. Grants for new Youthbuild Program. You should Evaluate and Rate Applications. applicants that have not previously document the extent to which HUD’s received Youthbuild Implementation Rating Factor 1: Capacity of the policy priorities are furthered by the Grants and that have elected not to Applicant and Relevant Organizational proposed activities. As referenced in the apply under Category 2 Grants, below. Experience (30 Points) General Section of the SuperNOFA, Applicants in Category 1 Grants will such policy priority areas are: (Provide a Narrative of No More Than receive approximately twelve percent of 10 Pages) (1) Affirmatively furthering fair the funds available. These grants will be housing by promoting greater limited to $300,000, for a period of 18 This factor addresses the qualification opportunities for housing choice for months. and experience of you the applicant and minorities and persons with disabilities; (2) Category 2 Grants. HUD will participating parties to implement a (2) Promoting healthy homes; award half the funding in this category successful young adult education and (3) Providing opportunities for self- (44% of the total funding) to applicants training program within six months of sufficiency, particularly for persons proposing grant(s) of $400,000 or less execution of the grant agreement. HUD enrolled in welfare to work programs; and which do not exceed 24 months. will review and evaluate the (4) Providing educational and job The other half of the funding for this information provided documenting training opportunities and linking category will be awarded to applicants capability. In assigning points for this programs to Americorps activities; and proposing grants over $400,000 and criterion, HUD will consider evidence (5) Promoting welfare reform. Refer to activities for up to 30 months. HUD will in your application that demonstrates HUD’s regulation at 24 CFR 585.3 for a not fund grants over $700.000. the following: detailed description of program (D) Grant Period. You should expend (1) Experience in implementing and components. funds awarded within 30 months of the operating a comprehensive, integrated,

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00512 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9833 multidisciplinary program with the community’s Consolidated Plan or (i) Specific steps you will take to following components: Analysis of Impediments to Fair attract potential eligible participants (a) Young adult education and Housing Choice (AI) identifies the level who are unlikely to be aware of this training programs, including programs of the problem and the urgency in program (because of race, ethnicity, sex for low-income persons from meeting the need, you should include or disability) and selection strategies; economically distressed neighborhoods. references to these documents in your (ii) Special outreach efforts you will (b) Young adult leadership response. HUD will review more make to recruit eligible young women, development training and related favorably those applicants that use these young women with dependent children, activities for young adults. documents to identify need. If you have and persons receiving public assistance; (c) Young adult on-site training in no Consolidated Plan, points will not be and housing construction or rehabilitation taken against you. Examples of data you (iii) Recruitment arrangements you for the production of sound and might use to demonstrate need include, have made with public agencies, courts, affordable housing for homeless persons but are not limited to, economic and homeless shelters, local school systems, and low-income families. demographic data relevant to the target local workforce development systems, (2) The extent to which you or area, including poverty and community-based organizations, etc. participating parties have been unemployment rates; levels of (b) Educational and job training successful in past education, training, homelessness; extent of drug usage and services and activities including: (i) The types of in-class academic and and employment programs and crime statistics; lead poisoning rates; vocational instruction you will provide; activities, including Federally-funded housing market data available from Youthbuild programs. If you have (ii) The number and qualifications of HUD Reports or other data sources program instructors and ratio of received a Youthbuild grant, you must including the Public Housing submit copies of your last two progress instructors to participants; Authorities’ Five Year Comprehensive (iii) Scheduling plan for classroom reports or, if applicable, a closeout Plan, State or local Welfare and on-the-job training needed to meet report. In applying the rating criteria, Department’s Welfare Reform Plan program requirements and ensure HUD will take into consideration your (including, where applicable, the timely completion of your program; performance (including meeting target Welfare to Work Plan Addendum); and/ (iv) Reasonable payments of dates and schedules) as reported. or lack of other Federal, State, or local participants’ wages, stipends, and (3) The extent to which you, funding that could be or are used to incentives. including your program director, address the problem HUD program (c) Leadership development, principal staff, or participating parties funds are designed to address. If the including the leadership development have demonstrated past ability to proposed activity is not covered under training you will offer to participants, leverage other resources to cover the scope of the Consolidated Plan and and strategies for providing the training administrative, educational, and AI, you should indicate such, and use to build group cohesion and peer training costs. other official data sources to identify the support. (4) The extent to which you level of need and the urgency in (d) Support services. You must demonstrate that your proposed Staff meeting the need. Types of other document counseling and referral and Program Manager possess the sources include, but are not limited to, services to be offered to participants, the background, experience, and capacity to Census reports, Continuum of Care gaps type of counseling, social services, and/ conduct the proposed project, as analysis, law enforcement agency crime or need-based stipends you will evidenced by recent work experience in reports, Public Housing Authorities’ provide. To receive higher points, managing projects of the same or similar Five Year Comprehensive Plan, HUD’s support services must be documented size, dollar amount, and types of Consolidated Plan for your jurisdiction, by letter of commitment from providers. activities as those proposed in the state or county agency reports or (e) On-site training, including: application. studies, etc. (i) The housing construction or rehabilitation activities participants will Rating Factor 2: Need/Extent of the Rating Factor 3: Soundness of undertake at the site(s) to be used for the Problem (15 Points) Approach (40 Points) on-site training component of the (Provide a Narrative of No More Than (Provide a Narrative of No More Than program; 2 Pages) 15 Pages and Complete Exhibit 4A) (ii) The qualification and number of on-site supervisors; This factor addresses the extent to (1) (30 points) HUD will consider the (iii) The ratio of trainers to students; which there is a need for funding—your (iv) The number of students per site; proposed program activities and an overall quality and feasibility of your proposed statement of work as and indication of the urgency of meeting the (v) The amounts, wages, and/or need in the target area. Documentation measured by the specific activities and tasks that meet; the overall objectives stipends you will pay to participants of need should address the extent to during on-site work. which you document a critical level of of—your Youthbuild program and the intent of this announcement of funding (f) Job placement assistance, including need for the proposed activities in the your commitments, strategies, and area where activities will be availability; whether the proposed program activities will be accomplished procedures for: implemented. The documentation must (i) Participant placement in related within the projected time frame; apply to the targeted area rather than the employment, enrollment in whether the proposed program activities entire locality. If the target area is an postsecondary education programs, job are comprehensive and integrated; and entire locality or State, then development, starting business the potential for success of the proposed documenting need at this level is enterprises, or other opportunities program. Areas HUD will consider in appropriate. leading to economic independence; and Your documentation of need should evaluating the overall quality of the (ii) Follow-up assistance and support demonstrate the extent and urgency of proposed program are: activities to program graduates. the problem the proposed activities (a) Outreach, recruitment and (2) (10 points) HUD will assign address. To the extent that your selection activities including: Housing Program Priority Points to all

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00513 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9834 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices applications that contain evidence that In rating this element, HUD will (3) Taken or will take specific steps to housing resources from other Federal, consider only those contributions for develop linkages to coordinate State, local, or private sources that are which current firm commitments have comprehensive solutions through available and firmly committed to cover been provided. HUD will evaluate the meetings, information networks, all costs, in full, for the following level of non-housing resources proposed planning processes, or other housing activities for the proposed based on their importance to the total mechanisms with: Youthbuild program: acquisition, program. Leveraging will only be (a) Other HUD funded projects/ architectural and engineering fees, counted if you have documented proof. activities outside the scope of those construction, and rehabilitation. It also Letters of commitment should include covered by the Consolidated Plan; and is imperative that your proposed the dollar amount and be signed by the (b) Other activities funded by HUD, housing sites provide quality training. donors. Federal, State, or local sources, Applications that do not include proper Resources from other Federal, State, including those proposed or on-going in documentation of firm financial Local or Private Entities. You should use the community(s) served. commitments of non-Youthbuild existing housing and homeless VI. Application Submission resources or propose to use Youthbuild assistance programs administered by Requirements grant funds, in whole or in part, or do HUD or other Federal, State, local, or not evidence site control, for any one of private and nonprofit housing programs (A) Site Access Submission the housing activities listed above will as part of your Youthbuild Program. In Requirements. You must submit a not be entitled to housing program addition, you should use other non- schedule for the program, budgets, priority points. HUD will not use Youthbuild funds available for identification of specific housing sites, housing resources in evaluating the vocational, adult, and bilingual and firm evidence of site access. Leveraging Resources factor. Forms 2C, education programs or for job training (1) Guidance on evidence of site Housing Site Description, and 2C10, under the Job Training Partnership Act access: Youthbuild Grant Individual Housing and the Personal Responsibility and (i) If the applicant or joint applicant Project Site Estimate, must be Work Opportunity Reconciliation Act of have a contract or option to purchase completed to receive the Housing 1996. The selection process described in the property, you should provide a Priority points. this Youthbuild Program section of the statement to that effect and include a (3) HUD will award up to two (2) SuperNOFA provides for applicants to copy of the contract or option; (ii) If a third party owns the property additional points to any application receive points where grant applications or has a contract or option to purchase, submitted by the City of Dallas, Texas, contain firm commitments from Federal, that third party must provide a letter to to the extent this subfactor is addressed. State, local, or private sources to you stating the nature of the ownership Due to an order of the U.S. District provide resources to carry out and specifically providing you with Court for the Northern District of Texas, Youthbuild activities. access to the property for the purposes Dallas Division, with respect to any Rating Factor 5: Comprehensiveness of the program and the time frame in application submitted by the City of and Coordination (5 Points) which the property will be available. In Dallas, Texas, HUD will consider the the case of a contract or option, include extent to which the application’s (Provide a Narrative of No More Than a copy of the document; and proposed activities will eradicate the 2 Pages and Complete Exhibit 5B) (iii) You must provide the required vestiges of racial segregation in the This factor addresses the extent to certification that the proposed activities Dallas Housing Authority’s programs which your program reflects a are consistent with the HUD-approved consistent with the Court’s order. coordinated, community-based process Consolidated Plan in accordance with Rating Factor 4: Leveraging Resources of identifying needs and building a 24 CFR part 91 and referenced in (10 Points) system to address the needs by using Section II(G)(7) of the General Section available HUD funding resources and of the SuperNOFA. (Exhibit 4B Non-Housing Program other resources available to the (B) Application Items. Your Resources Must Be Completed and You community. application must contain the items Must Provide Letters of Firm In evaluating this factor, HUD will listed in this Section VII(B). These items Commitment From the Donor With the consider the extent to which you include the standard forms, Amount of Cash or In-Kind demonstrate that you have: certifications, and assurances listed in Contribution) (1) Coordinated your proposed the General Section of the SuperNOFA This factor addresses the extent to activities with those of other groups or that are applicable to this funding which firm commitment of resources are organizations in order to best (collectively, referred to as the obtained from Federal, State, local, and complement, support, and coordinate ‘‘standard forms’’). The standard forms private and nonprofit sources other than all known activities, and the specific can be found in Appendix B to the from you the applicant. In assigning steps you will take to share information General Section of the SuperNOFA. The points for this criterion, HUD will on solutions and outcomes with others. remaining application items that are consider the level of non-housing You should describe any written forms (i.e., excluding such items as resources obtained for cash or in-kind agreements, memoranda of narratives, letters), referred to as the contributions to cover the following understanding in place, or those that ‘‘non-standard forms’’ can be found as kinds of areas: will be in place after award. Appendix B to this program section of (1) Social services (i.e., counseling (2) Taken or will take specific steps to the SuperNOFA. The items are as and training); become active in the community’s follows: (2) Use of existing vocational, adult, Consolidated Planning process (1) SF–424, Application for Federal and bilingual educational courses; (including the Analysis of Impediments Assistance. (3) Donation of labor, resource to Fair Housing Choice) established to (2) HUD–424M, Federal Assistance personnel, supplies, teaching materials, identify and address a need/problem Funding Matrix. classroom, and/or meeting space; that is related to the activities you (3) SF–424A, Budget Information for (4) Other commitments. propose. Non-Construction Programs.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00514 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9835

(4) SF–424B, Assurances for If you propose to use your Youthbuild will be used to determine Construction Programs. funds to cover any costs of the lease, environmental approval or disapproval (5) SF–424C, Budget Information for acquisition, rehabilitation, or new by HUD of proposals for physical Construction Programs. construction of real property, you must development of properties. (6) HUD–50070, Certification of Drug- submit all relevant environmental 2. After selecting a property for Free Workplace. information in your application to proposed Youthbuild funding, you are (7) HUD–2880, Applicant/Recipient support HUD decisionmaking in to determine the activities to be Disclosure/Update Form. accordance with the environmental undertaken with your Youthbuild (8) HUD–50071, Certification of procedures and standards set forth in funds. You are to indicate in section E Payments to Influence Certain Federal HUD Regulation 24 CFR 585.307. whether the Youthbuild funds will be Transactions. used for: IX. Authority (9) SF–LLL, Disclosure of Lobbying (a) Lease or purchase of a property; Activities (if applicable). This program is authorized under (b) Minor rehabilitation or (10) HUD–2992, Certification subtitle D of title IV of the Cranston- (c) Major rehabilitation; or Regarding Debarment and Suspension. Gonzalez National Affordable Housing (d) New construction of housing. (11) Letters from property owners Act, as added by section 164 of the The activities proposed for allowing access to the housing site for Housing and Community Development Youthbuild funding will determine the construction training. Act of 1992 (Pub.L. 102–550, 106 Stat. kind of data that you will need to obtain (12) Submission of 501(c)(3) status 3723, 42 U.S.C. 12899). The Youthbuild from a qualified data source in order to and/or letter certifying non-profit status Program regulations are found in 24 complete Exhibit 2C(15). if the applicant is a public non-profit CFR part 585. 3. Once you have selected a property organization. and determined the activities for Appendix A—Instructions for Youthbuild funding, you are advised to (13) Narrative Response to Factors for Completion of Youthbuild Award. check with your city or county agency Environmental Requirements (Exhibit that administers HUD’s Community Factor 1—Capacity 2C(15)) Development Block Grant program and Factor 2—Need A. Instructions to Applicants performs environmental reviews, or the local planning agency. The reason is Factor 3—Soundness of Approach, 1. If you propose to use Youthbuild that most, if not all, the data needed for including completed Youthbuild Grant funds to cover any costs of the lease, preparing Exhibit 2C(15) is readily Budget (Exhibit 4A), Housing Site acquisition, rehabilitation, or new available from the local community Description (Exhibit 2C), Youthbuild construction or real property, you shall development agency and the local Grant Individual Housing Site Estimate submit all relevant environmental planning agency. You are advised to ask (Exhibit 2C10), Documentation information in your application to the environmental staff of those Necessary To Complete Environmental support HUD decisionmaking in agencies the following: Review (Exhibit 2C15), and Relocation accordance with the environmental (a) Has the agency ever prepared an Narrative, if Applicable procedures and standards set forth in 24 environmental review of the proposed Factor 4—Leveraging, Including Your CFR 585.307. For each proposed Youthbuild property or the Letters(s) Evidencing the Leveraged Youthbuild property for which HUD neighborhood in which the property is Commitment(s) environmental procedures apply, you located, and if so, would it provide a are to prepare a separate Exhibit 2C(15) copy to the applicant for use by HUD; Factor 5—Coordination, Include HUD– in which you supply HUD with (b) Would the agency assist you in 2991, Certification of Consistency With environmental threshold information completing section G; or if the agency is the Consolidated Plan and letters from qualified data sources not able to help complete any item in (13) HUD–2990, Certification of (see definition below) which support section G, would the agency advise you Consistency with the EZ/EC Strategic the information. HUD will review your which local or State agency is the Plan (if applicable); submission and determine how, if appropriate qualified data source for necessary, HUD will comply with any obtaining the information. VII. Corrections to Deficient Federal laws and authorities that may be Also, you should check with the local Applications applicable to your property proposed for planning agency before proceeding The General Section of the Youthbuild funding. If environmental elsewhere for the information. SuperNOFA provides the procedures for procedures apply and Exhibit 2C(15) You are advised that the cost of corrections to deficient applications. with supporting documentation is not preparing information and analyses included then the application will be needed for Exhibit 2C(15) is an eligible VIII. Environmental Requirements deemed ineligible. cost under the Youthbuild program and Environmental procedures apply to You are to follow these instructions is reimbursable if you are approved for HUD approval of grants when you for preparing Exhibit 2C(15). The a grant. propose to use Youthbuild funds to instructions advise you on how to 4. The following definitions are of key cover any costs for the lease, obtain and document certain terms used in these instructions. Most of acquisition, rehabilitation, or new information to be supplied to HUD in the other terms are technical and their construction of real property proposed this exhibit. Before selecting a property definition would be known to qualified for housing project development. for Youthbuild funding, you should data sources. Environmental procedures do not apply read these instructions and be advised (a) Qualified data source means any to HUD approval of your application that HUD encourages you to select, to Federal, State or local agency with when you propose to use your the extent practicable, properties and expertise or experience in Youthbuild funds solely to cover costs locations that are free of environmental environmental protection (e.g., the local for classroom and/or on-the-job hazards and problems discussed in community development agency; the construction training and support these instructions. The responses to the land planning agency; the State services. environmental criteria in Exhibit 2C(15) environmental protection agency; the

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00515 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9836 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

State Historic Preservation Officer) or environmental threshold information for approve the provision of financial any other source qualified to provide items 1 through 7 in section G. assistance to residential properties reliable information on the particular 5. Applicants subject to HUD’s located on contaminated sites. Sites subject. A letter supporting the environmental procedures are to submit known or suspected to be contaminated information from each qualified data Exhibit 2C(15) and accompanying by toxic chemicals or radioactive source is to be attached to Exhibit documentation to HUD with the materials include but are not limited to 2C(15). applications for grant assistance. Such sites: (i) listed on either an EPA (b) Minor rehabilitation means applicants are prohibited from Superfund National Priorities List (NPL) proposed fixing and building repair: committing or expending State, local or or CERCLA (Comprehensive (i) Where the estimated cost of the other funds to undertake property Environmental Response, work is less than 75 percent of the rehabilitation, construction (including Compensation, and Liability Act) List, property value after completion; demolition), or acquisition (including or equivalent State list; (ii) located (ii) That does not involve changes in lease), until HUD and the grantee within 3,000 feet of a toxic or solid land use from residential to execute a grant agreement for the waste landfill site; or (iii) with an nonresidential, or from nonresidential proposed Youthbuild project. underground storage tank (which is not to residential; 6. HUD reserves the right to disqualify a residential fuel tank). (iii) That does not involve the any application where one or more * Documentation: You are to select demolition of one or more buildings, or environmental thresholds are exceeded either A or B for the condition that best parts of a building, containing the if HUD determines that the compliance describes property and report the option primary use served by the project; and review cannot be conducted and selected in item 2 of section G. (iv) That does not increase unit satisfactorily completed within the HUD A. You are providing HUD with a density by more than 20 percent. review period for Youthbuild finding made by a qualified data source For minor rehabilitation of a building applications. stating that the proposed Youthbuild located in a floodplain, the criteria for property and any neighboring properties substantial improvement modify this B. Environmental Threshold and do not contain any sites known or definition. (See Item B 3 below) Documentation Requirements suspected to be contaminated with toxic (c) Major rehabilitation means The threshold and documentation chemicals and radioactive materials. proposed fixing and building repair: requirements for each of the Federal B. You are providing any site (i) Where the estimated cost of the environmental laws and authorities are contamination data by a qualified data work is 75 percent or more of the described below, following the same source in your letter for HUD’s property value after completion; or order as they appear in section G. evaluation of contamination and/or (ii) That involves changes in land use 1. Site within designated coastal suspicion of any contamination of a from residential to nonresidential, or barrier resources: proposed property or any neighboring from nonresidential to residential; or Threshold: Youthbuild applicants are properties. (iii) That involves the demolition of prohibited by Federal law from using 3. Site affecting a floodplain: one or more buildings, or parts of a Federal financial assistance for Threshold: A property located within building, containing the primary use properties, if the properties are located a floodplain and proposed for funding is served by the project; or within designated coastal barriers of the subject to Executive Order 11988, (iv) That increases unit density by Atlantic Ocean, Gulf of Mexico, and the Floodplain Management. The Executive more than 20 percent. Great Lakes (Coastal Barrier Resources Order directs HUD to avoid, where (d) Multifamily housing means any Act, as amended, 16 U.S.C. 3501). practicable, proposed financial support residential building that contains five or * Documentation: You are to select for any floodplain property, whenever more apartments or rooming units. either A or B for the condition that best HUD has options to approve properties (e) Single-family housing means any describes the property and report the in flood-free locations. The Order does residential building that contains one- option selected in item 1 of section G. not apply to existing single-family to-four dwelling units. A. You state that your program properties proposed for purchase or Because each Federal environmental operates in a community that does not lease except for: (i) property that is law or authority has compliance contain any shores along the Atlantic located within a floodway or coastal requirements that differ according to the Ocean, the Gulf of Mexico, or the Great high hazard area; and (ii) substantial type of proposed activity to be funded, Lakes. improvement. Substantial improvement you are required to supply information B. If your program operates in a for flood hazard purposes means any in Exhibit 2C(15) only for the type of community that does contain shores property rehabilitation which: (a) activity for which the Youthbuild grant along the Atlantic Ocean, the Gulf of increases the unit density of the will be used. Mexico, or the Great Lakes, you must property; or (b) equals or exceeds 50 (a) If you propose new construction or provide HUD with a finding made by a percent of the market value of the major rehabilitation of multifamily qualified data source stating that the property before rehabilitation, but housing, you must supply complete and proposed property is not located within excluding the costs for correcting reliable environmental threshold a designated coastal barrier resource by health, sanitary, and safety code information for items 1 through 13 in citing the map panel number of the violations. Note: Proposed funding for section G. official maps issued by the Department substantial improvement and new (b) If you propose new construction of of the Interior (DOI) on the basis of construction are subject to the Executive single family housing, you must supply which the finding was made. Order decision making process. This complete and reliable environmental 2. Site contaminated with toxic may result in a disqualification of your threshold information for items 1 chemicals and radioactive materials: application (refer above to number 7 through 12 in section G. Threshold: Under HUD policy, as under ‘‘Instructions to Applicants’’). (c) If you propose minor rehabilitation described in HUD Notice 79–33 (Policy * Documentation: You are to select A of multifamily or single-family housing, Guidance to Address the Problems or B for the condition that best describes or the purchase or lease of a property, Posed by Toxic Chemicals and your property and report the option you must supply complete and reliable Radioactive Materials), HUD will not selected in item 3 of section G.

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00516 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9837

A. You are providing HUD with a Policy Declarations form, which is used (b) Accident potential zones: For finding made by a qualified data source to verify compliance. The Youthbuild properties located within the accident stating that the property is not located applicants responsibility ceases in cases potential zone (APZ), HUD shall within the Special Flood Hazard Area where a mortgage loan is approved determine whether the use of the (SFHA). requiring flood insurance as condition property is generally consistent with B. You are providing HUD with a of loan approval by a lender (other than Department of Defense ‘‘Land Use finding made by a qualified data source the Youthbuild applicant), whose Compatibility Guidelines for Accident that the property is located within the responsibility is to assure flood Potential Zones.’’ Special Flood Hazard Area (SFHA) and insurance coverage for the loan. *Documentation: You are to select indicating if whether the property is *Documentation: You are to select either A or B for the condition that best located within a floodway or coastal either A or B for the condition that best describes your property and report the high hazard area. describes your property and report the option selected in item 5 of section G. The information for A and B must option selected in item 4 of section G. A. The property is not located within provide HUD with the flood map panel A. You already own the property and 3,000 feet of a civil airport or military number obtained either from the official attach a copy of the Policy Declarations airfield. maps issued for the National Flood form confirming that a current flood B. If your property is located within Insurance Program or from the property insurance policy is in effect and the 3,000 feet of a civil airport or military appraisal report used to make the policy provides adequate coverage for airfield, you must provide HUD with a finding. the building proposed for the finding from the airport operator stating For all proposed rehabilitation of Youthbuild project located within the whether or not the property is located properties that are located within a Special Flood Hazard Area. within a runway clear zone at a civil SFHA, you must provide HUD with B. After you have purchased (or airport, or a clear zone or accident estimates of: (i) the property value constructed, in the case of proposed potential zone at a military airfield. before rehabilitation, and (ii) the cost of new construction) the Youthbuild For properties that are located within the proposed rehabilitation. Provide the property, you must obtain and maintain a runway clear zone or a clear zone or estimates in section F. flood insurance protection. For the term accident potential zone, if you propose If the property is found to be located and amount of coverage prescribed by to rehabilitate such a property you must within a SFHA, proceed to item 4 on law, you must provide HUD with a copy provide HUD with estimates of: (i) the flood insurance protection. Otherwise of the Policy Declarations form cost of the proposed rehabilitation, and proceed to item 5. confirming that the flood insurance (ii) the property value after completion 4. Building requiring flood insurance policy is in effect and the policy of the rehabilitation. The estimates are protection: provides adequate coverage for the to be provided in section F. Threshold: HUD will estimate the Youthbuild building located within the 6. Site is or affects an historic amount and period of flood insurance Special Flood Hazard Area. property: coverage that is to be made a condition 5. Site within clear zones or accident Threshold: Only if a property is of approval of any HUD financial potential zones of airports and airfields: proposed for rehabilitation or new assistance for a building located within Threshold: HUD policy as described construction must HUD in consultation a Special Flood Hazard Area (SFHA). in 24 CFR part 51, subpart D applies to with the State Historic Preservation The Flood Disaster Protection Act of HUD approval of financial assistance to: Officer (SHPO), and following the 1973 requires owners of HUD-assisted (a) properties located within clear Department of the Interiors Standards buildings to purchase and maintain zones; and (b) in the case of new and Guidelines for Evaluation, make a flood insurance protection as a construction or major rehabilitation, determination whether the property is: condition of approval of any HUD properties located within accident (a) Listed on or formally determined financial assistance for the proposed potential zones. to be eligible for listing on the National purchase, rehabilitation, or new (a) Clear zones: New construction and Register of Historic Places; construction of any SFHA building. The major rehabilitation of a property that is (b) Located within or directly adjacent law prescribes the coverage period and located on a clear zone site is to an historic district; or dollar amount of flood insurance prohibited. HUD financial assistance in (c) A property whose area of potential protection. a clear zone is allowed only for the effects includes an historic district or Proof of Purchase of Flood Insurance proposed lease, purchase, or minor property. Protection: You must provide HUD with rehabilitation of properties (24 CFR Historic properties and districts are proof of purchase of flood insurance 51.302(a)). For HUD funding approval subject by law to special protection and protection for any proposed Youthbuild for any property in a clear zone: (a) HUD historic preservation processing which building located within the SFHA, will give advance written notice to the HUD must perform to comply with the whenever HUD funding is being used prospective property buyer in accord regulations of the Advisory Council on for property purchase, rehabilitation, or with 24 CFR 51.303(a)(3); and (b) a copy Historic Preservation (ACHP: 36 CFR new construction. The standard of the HUD notice signed by the part 800). Note: If you are using documentation for compliance is the prospective property buyer will be information from the SHPO as a Policy Declarations form issued by the placed in the property file. The written qualified data source you need to allow National Flood Insurance Program notice informs the prospective property sufficient time to obtain the information (NFIP) or issued by any property buyer of: (i) the potential hazards from from the SHPO. You may wish to make insurance company offering coverage airplane accidents which studies have special arrangements with the SHPO for under the NFIP. Whenever the shown more likely to occur within clear rapid review of the proposed property requirement applies to coverage which zones than in other areas around the where this is practicable. In addition, extends to future years, the grant airport/airfield; and (ii) the potential for properties determined to be historic agreement will require that the insured acquisition by airport or airfield properties, HUD will require 30 to 90 has its insurer automatically forward to operators, who may wish to buy the days in most cases for HUD to perform HUD, in the same manner as to the property at some future date as part of historic preservation compliance with insured, an information copy of the a clear zone acquisition program. the ACHP regulations. This may result

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00517 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9838 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices in a disqualification of the application conversion of a non-residential land use exposed sites to non-housing land uses (refer above to number 7 under to a residential land use including compatible with the high noise levels. ‘‘Instructions to Applicants’’). making habitable a building condemned For major rehabilitation projects *Documentation: You are to select for habitation; or (iii) rehabilitation that involving five or more dwelling units one of the following options that best increases the density of a residential located in the ‘‘Normally Unacceptable’’ describes the condition of your property structure by increasing the number of and ‘‘Unacceptable’’ noise zones, HUD and report the option selected in item 6 dwelling or rooming units; and you are actively seeks to have project sponsors of section G. providing HUD with a finding by a incorporate noise attenuation features, A. You propose financial assistance qualified data source that the proposed given the extent and nature of the for rehabilitation or new construction, property is not located within the rehabilitation being undertaken and the and are providing HUD with a SHPO’s immediate vicinity of hazardous level of exterior noise exposure. finding that the proposed Youthbuild industrial operations handling fuel or *Documentation: You are to select A activity: chemicals of an explosive or flammable or B for the condition that best describes 1. Is located within an area where nature by citing data used and the maps their project and report the option there are no historic properties; or used. selected in item 8 of section G. 2. Will have no effect on historic C. The applicant proposes: (I) A. You are providing HUD with a properties; or construction of a building; (ii) finding made by a qualified data source 3. Will have an effect on historic conversion of a non-residential land use stating that the property proposed by properties not considered adverse. to a residential land use including the applicant for a major rehabilitation B. You propose financial assistance making habitable a building condemned or new construction project involving for rehabilitation or new construction, for habitation; or (iii) rehabilitation that five or more dwelling units is not and are providing HUD with a SHPOs increases the density of a residential located within: (i) 1,000 feet of a major finding that the proposed Youthbuild structure by increasing the number of noise source, road, or highway; (ii) activity will have an adverse effect on dwelling or rooming units; and the 3,000 feet of a railroad; or (iii) 1 mile of historic properties. grantee provides HUD a finding made a civil or 5 miles of a military airfield. C. You are providing HUD with a by a qualified data source stating: (1) copy of a letter from the SHPO stating B. The applicant provides HUD with that the proposed property is located a finding made by a qualified data any reasons for not being able to provide within the immediate vicinity of you with the requested information and source: (i) stating that the plans for the hazardous industrial operations property proposed by the applicant for finding. handling fuel or chemicals of an a major rehabilitation or new 7. Site near hazardous industrial explosive or flammable nature; (2) the construction project involving five or operations: type and scale of such hazardous more dwelling units will incorporate Threshold: Properties that are located industrial operations; (3) the distance of noise attenuation features in accord near hazardous industrial operations such operations from the proposed with HUD environmental criteria and handling fuels or chemicals of an property; (4) a preliminary calculation standards contained in Subpart B (Noise explosive or flammable nature are of the acceptable separation distance Abatement and Control) of 24 CFR part subject to HUD safety standards (24 CFR (ASD) between such operations and the 51; (ii) stating whether the property is 51, Subpart C). However, under the proposed property; and (5) a located within a ‘‘Normally Youthbuild program, these standards recommendation as to whether it is safe would apply only if you propose: (i) to use the property in accord with 24 Unacceptable’’ or ‘‘Unacceptable’’ noise construction of a building; (ii) CFR 51, Subpart C. zone; and (iii) providing HUD plans and conversion of a non-residential land use 8. Site near high noise source: a statement of the anticipated interior to a residential land use including Threshold: For new construction noise levels. making habitable a building condemned which is to occur in high noise areas 9. Site affecting coastal zone for habitation; or (iii) rehabilitation that (i.e. exceeding 65 decibels), applicants management: increases the density of a residential shall incorporate noise attenuation Threshold: Only for proposed structure by increasing the number of features to the extent required by HUD activities involving new construction or dwelling or rooming units. In the case environmental criteria and standards major rehabilitation of multifamily of tanks containing common liquid contained in Subpart B (Noise housing does the Coastal Zone fuels, the requirement for an acceptable Abatement and Control) of 24 CFR part Management (CZM) authority apply. separation distance (ASD) calculation 51. Approvals in a Normally Projects which can affect the coastal only applies to storage tanks that have unacceptable noise zone require a zone must be carried out in a manner a capacity of more than 100 gallons. minimum of 5 decibels additional consistent with the approved State *Documentation: You are to select sound attenuation for buildings having coastal zone management program one of the following options that best noise-sensitive uses if the day-night under Sec. 307 of the Coastal Zone describe the condition of the property, average sound level is greater than 65 Management Act of 1972, as amended. and report the option selected in item 7 decibels but does not exceed 70 *Documentation: You are to select of section G. decibels, or a minimum of 10 decibels either A or B for the condition that best A. The proposed project does not of additional sound attenuation if the describes the project and report the include: (i) construction of a building; day-night average sound level is greater option selected in item 9 of section G. (ii) conversion of a non-residential land than 70 decibels but does not exceed 75 A. You state that your project is not use to a residential land use including decibels. located within a coastal zone, as defined making habitable a building condemned Proposed housing sites with above 75 by the States Coastal Zone Management for habitation; or (iii) rehabilitation that decibels are unacceptable and the noise Plan. increases the density of a residential attenuation measures require the B. If your project is located within a structure by increasing the number of approval of the Assistant Secretary for coastal zone, you are providing HUD dwelling or rooming units. Community Planning and Development. with a finding made by the State CZM B. The proposed project includes: (i) In Unacceptable noise zones, HUD agency that the project proposed by the construction of a building; (ii) strongly encourages conversion of noise- applicant is consistent with the

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00518 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9839 approved State coastal zone *Documentation: You are to select that the property is located within a management program. either A or B for the condition that best designated wetland, which applies only 10. Site affecting a sole source aquifer: describes the property and report the to property where new construction or Threshold: The sole source aquifer option selected in item 11 of section G. conversion is proposed. authority applies primarily to activities A. If your project proposes new The information for A and B must involving proposed new construction or construction or conversion activities, provide HUD with the wetland panel conversion to housing of non-residential you are providing HUD with a finding number obtained from official maps property. Projects which can affect made by a qualified data source that the issued by the Department of the Interior aquifers designated by the project is not likely to affect any listed on the basis of which the finding was Environmental Protection Agency (EPA) or proposed endangered or threatened made, or where DOI has not mapped the must be reviewed for impact on such species or critical habitat. The finding area, a letter or other documentation designated aquifer sources. The Safe shall indicate whether the project is from the Army Corps of Engineers or Drinking Water Act of 1974 requires located within a critical habitat, and if other Federal agency. so, explain why the project is not likely protection of drinking water systems 13. Significant impact to the human which are the sole or principal drinking to affect the species or habitat. B. If your project proposes new environment: water source for an area and which, if construction or conversion activities Threshold: HUD must perform an contaminated, would create a significant that are likely to affect listed or environmental assessment of any hazard to public health. proposed endangered or threatened property proposed for major *Documentation: You are to select species or critical habitat, you are rehabilitation or new construction either A or B for the condition that best providing HUD with a statement from a except for a single-family property describes their project and report the qualified data source explaining the having one-to-four dwelling units. It is option selected in item 10 of section G. likely affect, and/or a finding made by the policy of the Department to reject A. You are providing HUD with a the Fish and Wildlife Service of the proposals which have significant finding made by a qualified data source Department of the Interior stating as adverse environmental impacts and to stating that the proposed property is not acceptable the proposed mitigation that encourage the modification of projects located on nor does it affect a sole you will provide to protect any affected in order to enhance environmental source aquifer designated by EPA. endangered or threatened species or quality and minimize environmental B. If your project proposes new critical habitat. harm. This policy is authorized by the construction or conversion activities 12. Site affecting a designated National Environmental Policy Act that are located on or may affect any wetland: (NEPA) and the implementing sole source aquifer designated by the Threshold: New construction or regulations of the Council on EPA, you are identifying the aquifer and conversion to housing of a non- Environmental Quality and HUD’s providing HUD with an explanation of residential property located within a Environmental Rule at 24 CFR part 50. the effect on the aquifer from a qualified designated wetland is subject to * Documentation: You are to provide data source, and/or a copy of any Executive Order 11990, Protection of HUD with any information on any comments on the proposed project that Wetlands. This Executive Order directs adverse environmental impacts that have been received from the EPA HUD to avoid, where practicable, affect the property or that the project Regional Office as well as from any financial support for new construction would create. You are to report this data State or local agency with jurisdiction on wetland property. on a separate sheet and attach it to for protecting the drinking water Note: Proposed funding for new Exhibit 2C(15). Examples of adverse system. construction or conversion is subject to the impacts are: soil instability and 11. Site affecting endangered species: Executive Order decision making process. This may result in a disqualification of the erodibility; natural or person-made Threshold: The Endangered Species application (refer above to number 7 under hazards and nuisances; air pollution; Protection (ESP) authority applies ‘‘Instructions to Applicants’’). inadequate infrastructure (e.g., water primarily to activities involving * Documentation: You are to select A supply, waste water treatment, storm proposed new construction or or B for the condition that best describes water management, solid waste conversion to housing of a non- the property and report the option collection), inadequate public services residential property. Projects which can selected in item 12 of section G. (i.e., fire, police, health care, social affect listed or proposed endangered or A. You are providing HUD with a services, schools, parks) and threatened species or critical habitats finding made by a qualified data source transportation; and encroachment on require consultation with the stating that the property is not located prime farmlands and wild and scenic Department of the Interior in within a designated wetland where new river areas. You are to identify any compliance with the procedure of construction or conversion is proposed. significant impacts to the human Section 7 of the Endangered Species Act B. You are providing HUD with a environment. of 1973, as amended. finding made by a qualified data source BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00519 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9840 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Appendix B The non-standard forms, which follow, are required for your Youthbuild application.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00520 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9841

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00521 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9842 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00522 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9843

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00523 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9844 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00524 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9845

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00525 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9846 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00526 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9847

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00527 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9848 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00528 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9849

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00529 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00530 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9851

FUNDING AVAILABILITY FOR of your application by the deadline date from previous awards or budget CONTINUUM OF CARE HOMELESS as well. The determination, however, transfers may be used in addition to ASSISTANCE PROGRAMS— that your application was received on 2000 appropriations to fund SUPPORTIVE HOUSING PROGRAM time will be made solely on receipt of applications submitted in response to (SHP), SHELTER PLUS CARE (S+C), the application at HUD Headquarters in this program section of this SECTION 8 MODERATE Washington. Reviews will be based SuperNOFA. The funds available for the REHABILITATION SINGLE ROOM upon the contents of the application Continuum of Care program can be used OCCUPANCY PROGRAM FOR submitted to HUD Headquarters. under any of three programs that can HOMELESS INDIVIDUALS (SRO) For Application Kits. For an assist in creating community systems for application kit, please call the Program Overview combating homelessness. The three SuperNOFA Information Center at 1– programs are: Purpose of the Programs. The purpose 800–HUD–8929 (voice) or 1–800–HUD– (1) Supportive Housing; of the Continuum of Care Homeless 2209 (TTY), or you may download an (2) Shelter Plus Care; and Assistance Programs is to fund projects application by Internet at http:// (3) Section 8 Moderate Rehabilitation that will fill gaps in locally developed www.HUD.gov. for Single Room Occupancy Dwellings Continuum of Care systems to assist For Further Information. You may for Homeless Individuals. contact the HUD Field Office serving homeless persons move to self- The chart in the Appendix A to this your area, at the telephone number sufficiency and permanent housing. program section of this SuperNOFA shown in Appendix A to the General Available Funds. Approximately $850 summarizes key aspects of the Section of the SuperNOFA, or you may million. programs, and also provides the Eligible Applicants. The chart in the contact the Community Connections citations for the statutes and regulations Appendix A to this program section of Information Center at 1–800–998–9999 that authorize these programs. The this SuperNOFA identifies the eligible (voice) or 1–800–HUD–2209 (TTY) or by regulations listed in the chart provide applicants for each of the three Internet at: http://www.comcon.org/ more detailed descriptions of each of programs under the Continuum of Care. ccprog.html. the programs. Application Deadline. May 31, 2000. For Technical Assistance. Before the Match. Yes. application deadline, HUD staff will be As in previous funding availability available to provide you with general announcements for the Continuum of Additional Information guidance. HUD staff, however, cannot Care Homeless Assistance Programs, If you are interested in applying for provide you with guidance in actually HUD will not specify amounts for each funding under any of the Continuum of preparing your application. HUD Field of the three programs this year. Instead, Care Homeless Assistance programs, Office staff also will be available to help the distribution of funds among the please review carefully the General you identify organizations in your three programs will depend largely on Section of the SuperNOFA and the community that are involved in locally determined priorities and overall following additional information. developing the Continuum of Care demand. Local priorities system and, in the case of renewals, to notwithstanding, due to recent I. Application Due Date, Application determine the HUD final year amount Congressional action, not less than 30 Kits, Further Information, and (e.g., leasing, supportive services and percent of this year’s total homeless Technical Assistance operations for SHP, and rental assistance appropriation of $1.020 Application Due Date. Your assistance for S+C). Following billion must be used for permanent completed application (an original conditional selection of applications, housing projects. (See Sections containing the signed documentation HUD staff will be available to assist V(A)(4)(b) and V(A)(7) of this program and two copies) is due on or before selected applicants in clarifying or section of the SuperNOFA for additional 12:00 midnight, Eastern time, on May confirming information that is a information.) Should Congress pass and 31, 2000 to the addresses shown below. prerequisite to the offer of a grant the President sign legislation prior to See the General Section of this agreement or Annual Contributions this year’s grant announcement SuperNOFA for specific procedures that Contract by HUD. However, between the permitting eligible S+C renewals you must follow for the form of application deadline and the selected for funding in the 2000 application submissions (e.g., mailed announcement of conditional selections, competition to be funded from sources applications, express mail, overnight HUD will accept no information that other than the McKinney Act, HUD delivery, or hand carried). would improve the substantive quality reserves the right to exercise this Addresses for Submitting of your application pertinent to HUD’s authority. Should this authority be Applications. To HUD Headquarters. funding decision. exercised, HUD will skip over these Submit your original completed Satellite Broadcast. HUD will hold an selected S+C renewal projects funded application (the application with the information broadcast via satellite for from sources other than the McKinney original signed documentation) to: potential applicants to learn more about Act in choosing projects from Room 7270, Office of Community the program and preparation of the Continuum of Care priority lists for Planning and Development, Department application. For more information about McKinney Act funding in this year’s of Housing and Urban Development, the date and time of the broadcast, you competition. These skipped over S+C 451 Seventh Street, SW, Washington, should consult the HUD web site at renewal projects will not count against DC 20410, Attention: Continuum of Care http://www.hud.gov. your continuum’s prorata need amount, Programs. thus increasing the funds available for To the Appropriate CPD Field Office. II. Amount Allocated other projects. You should plan for this Also submit two copies of your Approximately $850 million is eventuality when developing your completed application to the available for this competition in FY Continuum of Care priority list. All Community Planning and Development 2000. Any unobligated funds from Shelter Plus Care renewals selected for Division of the appropriate HUD Field previous competitions or additional funding, regardless of funding source, Office for your jurisdiction. The HUD funds that may become available as a will count toward the 30 percent Field Office must receive the two copies result of deobligations or recaptures permanent housing requirement.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00531 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9852 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

III. Program Description; Eligible issues, persons with HIV/AIDS, persons evidence court proceedings and Applicants; Eligible Activities with multiple diagnoses, victims of decisions, or the determinations of other (A) Program Description. domestic violence, youth, and any independent and impartial review (1) Developing Continuum of Care others. The term ‘‘multiple diagnoses’’ bodies. Entities and individuals so Systems. The purpose of the Continuum may include diagnoses of multiple prohibited under this authority will be of Care Homeless Assistance Programs physical disabilities or multiple mental notified in writing within 15 days of the is to fund projects that will fill gaps in disabilities or a combination of these publication of this Continuum of Care locally developed Continuum of Care two types. NOFA in the Federal Register. As an applicant, the community systems to assist homeless persons In deciding the geographic area you process you use in developing a move to self-sufficiency and permanent will cover in your Continuum of Care Continuum of Care system should housing. The process of developing a strategy, you should be aware that the include interested veteran service Continuum of Care system to assist single most important factor in being organizations. To ensure that the homeless persons is part of the awarded funding under this competition Continuum of Care system addresses the community’s larger effort of developing will be the strength of your Continuum needs of homeless veterans, it is of Care strategy when measured against a Consolidated Plan. For a community particularly important that you involve to successfully address its often the Continuum of Care rating factors veteran service organizations with described in this SuperNOFA. When complex and interrelated problems, specific experience in serving homeless including homelessness, the community you determine what jurisdictions to veterans. In addition, given the large include in your Continuum of Care must marshall its varied resources— number of youths aging out of the Foster community and economic development strategy area, include only those Care system each year, you should seek jurisdictions that are involved in the resources, social service resources, to include persons knowledgeable on housing and homeless assistance development and implementation of the this issue in the planning process and Continuum of Care strategy. resources—and use them in a ensure that your continuum of Care coordinated and effective manner. The The more jurisdictions you include in system adequately addresses this need. the Continuum of Care strategy area, the Consolidated Plan, including the Your application will be given a high larger the pro rata need share that will Analysis of Impediments to Fair score under the Continuum of Care be allocated to the strategy area (as Housing Choice, serves as the vehicle scoring factors if the application for a community to comprehensively demonstrates the achievement of two described in Section V(A)(4) of this identify each of its needs and to basic goals: program section of the SuperNOFA). coordinate a plan of action for • That you have provided maximum However, it would be a mistake to addressing them. participation by non-profit providers of include jurisdictions that are not fully A Continuum of Care system consists housing and services; homeless and involved in the development and of four basic components: formerly homeless persons; state and implementation of the Continuum of (a) A system of outreach and local governments and agencies; veteran Care strategy since this would adversely assessment for determining the needs service organizations; organizations affect the Continuum of Care score. If and conditions of an individual or representing persons with disabilities; you are a rural county, you may wish to family who is homeless; the private sector; housing developers; consider working with larger groups of (b) Emergency shelters with foundations and other community contiguous counties to develop a region- appropriate supportive services to help organizations. wide or multi-county Continuum of ensure that homeless individuals and • That you have created, maintained Care strategy covering the combined families receive adequate emergency and built upon a community-wide service areas of these counties. shelter and referral to necessary service inventory of housing and services for Since the basic concept of a providers or housing finders; homeless families and individuals; Continuum of Care strategy is to create (c) Transitional housing with identified the full spectrum of needs of a single, coordinated, inclusive appropriate supportive services to help homeless families and individuals; and homeless assistance system for an area, those homeless individuals and families coordinated efforts to obtain resources, the areas covered by Continuum of Care who are not prepared to make the particularly resources sought through strategies should not overlap. If your transition to permanent housing and this program section of the SuperNOFA, Continuum of Care strategy independent living; and to fill gaps between the current geographically overlaps to the extent (d) Permanent housing, or permanent inventory and existing needs. This that they are essentially competing with supportive housing, to help meet the coordinated effort must appropriately each other, projects in the applications/ long-term needs of homeless individuals address all aspects of the continuum, Continuum of Care that receive the and families. especially permanent housing. highest score out of the possible 60 A Continuum of Care system is Should HUD determine, in its sole points for Continuum of Care will be developed through a community-wide discretion, that sufficient evidence eligible for up to 40 points under Need. or region-wide process involving exists to confirm that the entity Projects in the competing applications/ nonprofit organizations (including those responsible for convening and managing Continuum of Care with the less representing persons with disabilities), the Continuum of Care process in a effective Continuum of Care strategies government agencies, other homeless community has failed in the past to will be eligible for only 10 points under providers, housing developers and conduct a fair process, including a Need. In no case will the same service providers, private foundations, priority selection process that gives geographical area be used more than one neighborhood groups, and homeless or equal consideration to projects proposed time in assigning Need points. The local formerly homeless persons. A by non profit organizations, HUD HUD Field Office can help you Continuum of Care system should reserves the right to prohibit that entity determine if any of the areas proposed address the specific needs of each and the individuals comprising that for inclusion by your Continuum of Care homeless subpopulation: the jobless, entity from participating in that capacity system is also likely to be claimed under veterans, persons with serious mental in the future. In making this another Continuum of Care system in illnesses, persons with substance abuse determination, HUD will consider as this competition.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00532 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9853

(2) Prioritizing. HUD’s policy is that need points in continuum of care (B) Eligible Applicants. See Appendix decisions about priority are best made systems that: (1) Would not otherwise A. through a locally-driven process and are receive funding; and (2) have not (C) Eligible Activities. See Appendix key to the ultimate goal of reducing previously been awarded funds under A. homelessness. Again this year, you must this authority. IV. Program Requirements list all projects proposed for funding Regardless of the priority assigned to under this program section of the expiring projects, you should fully (A) Statutory and Regulatory SuperNOFA in priority order from the consider how persons currently being Requirements. highest priority to the lowest. Generally, served by those projects will continue to (1) SRO Program. As an applicant, this priority order will mean, for be served, and address this issue in your you need know that the following example, that if HUD has funds gaps analysis. In previous competitions, limitations apply to the Section 8 SRO available only to award 8 of 10 proposed some renewal projects that were not program: • projects, then it will award funding to assigned top priority by a locality did Under section 8(e)(2) of the United the first eight eligible projects listed, not receive funding. To the extent your States Housing Act of 1937, no single except as may be necessary to achieve community desires to have such project may contain more than 100 the new 30 percent overall permanent projects renewed, you should give them assisted units; • housing requirement—in which case the top priorities on the priority projects Under 24 CFR 882.802, applicants higher priority non-permanent housing listing in the application. It is also that are private nonprofit organizations projects may be skipped over to fund important that they meet minimum must subcontract with a Public Housing lower priority permanent housing project eligibility, capacity, and quality Authority to administer the SRO projects. You should give non-profit standards identified in this program assistance; • organizations an opportunity to section of the SuperNOFA or they will Under section 8(e)(2) of the United participate in establishing these be rejected. States Housing Act of 1937 and 24 CFR priorities. For the renewal of a Supportive 882.802, rehabilitation must involve a To promote permanent housing, a Housing Program project, Supportive minimum expenditure of $3,000 for a special incentive is being provided to Housing Demonstration Program project unit, including its prorated share of Continuum of Care systems that place or SAFAH project, you may request work to be accomplished on common an eligible, new permanent housing funding for one (1), two (2) or three (3) areas or systems, to upgrade conditions project in the number one priority slot years. For the renewal of a Shelter Plus to comply with the Housing Quality on the priority list. See Section Care project, the grant term is fixed at Standards. V(A)(4)(b) of this program section of the five (5) years as required by statute. You • Under section 441(e) of the SuperNOFA for a description of this may request up to the amount McKinney Act and 24 CFR incentive. determined by multiplying the number 882.805(d)(1), HUD publishes the SRO HUD will use this priority list to of units under lease at the time of per unit rehabilitation cost limit each award up to 40 points per project under application for renewal funding under year to take into account changes in the ‘‘Need’’ scoring factors. Higher this SuperNOFA by the applicable construction costs. This cost limitation priority projects will receive more current Fair Market Rent(s) by 60 applies to rehabilitation that is points under Need than lower priority months. While full funding of existing compensated for in a Housing projects. A project priority chart is grants may be requested, there is no Assistance Payments Contract. For included in the application kit and you guarantee that the entire amount will be purposes of Fiscal Year 2000 funding, should complete and submit it. If you awarded. As is the case with SHP, HUD the cost limitation is raised from do not submit clear project priority will recapture Shelter Plus Care grant $17,500 to $17,850 per unit to take into designations for the continuum, or if funds remaining unspent at the end of account increases in construction costs HUD, at its sole discretion, cannot the original grant period when it renews during the past 12-month period. determine priority designations, then a grant. (2) Shelter Plus Care/Section 8 SRO HUD will give all projects the lowest This program section of the Component. With regard to the SRO score for Need. SuperNOFA is not applicable to the component of the Shelter Plus Care Project renewals. If your Supportive renewal of funding under the SRO program, if you are a State or a unit of Housing, Supportive Housing program. For further guidance on SRO general local government, you must Demonstration Program, SAFAH, or renewals, please contact your local HUD subcontract with a Public Housing Shelter Plus Care grants will be expiring Field Office. Authority to administer the Shelter Plus in calendar year 2001, you must apply As a project applicant, you are eligible Care assistance. Also with regard to this under this Continuum of Care program to apply for renewal of a grant only if component, no single project may section of the SuperNOFA to get you have executed a grant agreement for contain more than 100 units. continued funding. the project directly with HUD. If you are (3) Supportive Housing Program. Your local needs analysis process a project sponsor or subrecipient who Please be advised that: must consider the need to continue has not signed such an agreement, you • Where an applicant for Supportive funding for projects expiring in calendar are not eligible to apply for renewal of Housing Program funding is a State or year 2001, and you must assign a these projects. HUD will reject unit of general local government that priority to those projects requesting applications for renewal submitted by utilizes one or more nonprofit renewal. HUD will not fund renewals ineligible applicants. If you have organizations to administer the out of order on the priority list except questions about your eligibility to apply homeless assistance project(s), as may be necessary to achieve the new for project renewal, contact the local administrative funds provided as part of 30 percent overall permanent housing HUD field office. To be considered an the SHP grant must be passed on to the requirement. HUD reserves the authority applicant when applying as part of a nonprofit organization(s) in proportion to use FY 2001 funds, if available, to consolidated application, you must to the administrative burden borne by conditionally select for one year of submit an originally signed HUD Form them for the SHP project(s). HUD will funding lower-rated eligible SHP SF–424 and the necessary certifications consider States or units of general local renewal projects that are assigned 40 and assurances. government that pass on at least 50

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00533 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9854 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices percent of the administrative funds they need, to the extent possible, the of the S+C program, the rehabilitation made available under the grant as Department encourages providers to work must be completed and the having met this requirement which was develop housing programs which do not Housing Assistance Payments contract contained in the congressional require participation in services as a executed within twelve (12) months of committees’ report accompanying the part of their tenancy requirements while execution of the Annual Contributions FY 2000 HUD Appropriations Act. This ensuring that, in the case of Shelter Plus Contract. HUD may reduce the number requirement does not apply to either the Care, the supportive service match of units or the amount of the annual SRO Program, since no administrative requirement is met. contribution commitment if, in HUD’s funds are provided as part of the grant, (E) Timeliness Standards. As an determination, the Public Housing or to the S+C Program, since paying the applicant, you are expected to initiate Authority fails to demonstrate a good costs associated with the administration your approved projects promptly. HUD faith effort to adhere to this schedule. of these grants is ineligible by may take action if you fail to satisfy the V. Application Selection Process regulation. following timeliness standards: • HUD anticipates publishing an (1) Supportive Housing Program. (A) Review, Rating and Conditional amendment to SHP program regulations • HUD will deobligate SHP funds if Selection. HUD will use the same in the near future, which amendment you have not demonstrated site control review, rating, and conditional selection would allow HUD to pay up to 75% of within one (1) year after you were process for all three programs (S+C, the annual operating costs for initially notified of the grant award, as SRO, and SHP). The standard factors for supportive housing in every year of the provided in 24 CFR 583.320(a), subject award identified in the General Section grant. The current rule, found at 24 CFR to the exceptions noted in that of this SuperNOFA have been modified 583.125(c), allows HUD to pay up to regulation. in this program section as described 75% in the first two years of the grant • Except where HUD finds that delay below. Only the factors described in this and up to 50% in the remaining years. was due to factors beyond your control, program section—Continuum of Care If the amendment of this section is HUD may deobligate SHP funds if the and Need—will be used to assign published with final effect before you do not meet the following points. To review and rate applications, conditional selection of awards under additional timeliness standards: HUD may establish panels. In order to this NOFA, the amendment will apply —You must begin construction obtain certain expertise and outside to grants awarded in this competition. activities within eighteen (18) months points of view, including views from (B) Match. You must match after initial notification of your grant other Federal agencies, these panels Supportive Housing Program funds award and complete them within may include persons not currently provided for acquisition, rehabilitation, thirty-six (36) months after that employed by HUD. Two types of and new construction with an equal notification. reviews will be conducted. Paragraphs amount of funds from other sources; for —For activities that cannot begin until (1) and (2) below describe threshold operating costs, see preceding construction activities are completed, reviews and paragraphs (3) and (4) paragraph. In addition, in this year’s such as supportive service or describe factors—Continuum of Care competition, you must match by 25% operating activities that will be and Need—that will be used to assign all funding for supportive services. The conducted within the building being points. Up to 104 points (including cash source may be you, the Federal rehabilitated or newly constructed, bonus points and points for the court- Government, State and local you must begin these activities within ordered consideration described in governments, or private resources. You three (3) months after you complete Section III(C)(1) and (2) of the GENERAL must match rental assistance provided construction. SECTION of the SuperNOFA) will be through the Shelter Plus Care Program —You must begin all activities that may assigned using these factors. in the aggregate with supportive proceed independent of construction (1) Applicant and sponsor eligibility services. activities within twelve (12) months and capacity. HUD will review your (C) Linking Supportive Housing after initial notification of your grant capacity as the applicant and project Programs and Americorps. Applicants award. sponsor to ensure the eligibility and for the Supportive Housing Program are (2) Shelter Plus Care Program capacity standards in this section are encouraged to link their proposed Components Except SRO Component. met. If HUD determines these standards projects with AmeriCorps, a national Except where HUD finds that delay was are not met, the project will be rejected service program engaging thousands of due to factors beyond your control, HUD from the competition. The eligibility Americans on a full or part-time basis to will deobligate S+C funds if you do not and capacity standards are: help communities address their meet the following timeliness standards: • You must be eligible to apply for toughest challenges, while earning • For Tenant-based Rental Assistance, the specific program; support for college, graduate school, or for Sponsor-based Rental Assistance, • You must demonstrate ability to job training. For information about and for Project-based Rental Assistance carry out the project(s). With respect to AmeriCorps SHP partnerships, call the without rehabilitation, you must start each proposed project, this means that Corporation for National Service at (202) the rental assistance within twelve (12) in addition to knowledge of and 606–5000 extension 486. (This is not a months of the initial announcement of experience with homelessness in toll-free number.) the grant award. general, the organization carrying out (D) Linking Housing and Supportive • For Project-based Rental Assistance the project, its employees, or its Services. Many of the clients who will with rehabilitation, you must complete partners, must have the necessary be served by the HUD programs covered the rehabilitation within twelve (12) experience and knowledge to carry out by this Continuum of Care NOFA may months of initial notification of your the specific activities proposed, such as need services in addition to housing. It grant award. housing development, housing is important that potential grantees (3) SRO Program and SRO management, and service delivery; design programs which enhance access Component of the Shelter Plus Care • If you or the project sponsors are to those needed services. While HUD Program. current or past recipients of assistance recognizes that there are many ways to For projects carried out under the under a HUD McKinney Act program or ensure that clients receive the services SRO program and the SRO component the HUD Single Family Property

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00534 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9855

Disposition Homeless Program, there • Supportive services only projects, homeless needs identified in the must have been no delay in and all others, must show how Continuum of Care strategy; and implementing projects exceeding participants will be helped to access • Proposes projects that are consistent applicable program timeliness standards permanent housing and achieve self- with the priority analysis described in that HUD determines is within your or sufficiency. An SHP renewal will be the Continuum of Care strategy, the project sponsor’s control, considered as having met this describes a fair project selection unresolved HUD finding, or outstanding requirement through its previously process, explains how gaps identified audit finding of a material nature approved grant application; through the analysis are being regarding the administration of HUD • For the Section 8 SRO program, at addressed, and correctly completes the McKinney Act programs or the HUD least 25 percent of the units to be priority chart. Single Family Property Disposition assisted at any one site must be vacant When HUD reviews a community’s Homeless Program; and at the time of application; and Continuum of Care to determine the • • You and the project sponsors must For those projects proposed under points to assign, HUD will consider be in compliance with applicable civil the SHP innovative category: Whether whether the community took its renewal rights laws and Executive Orders, and or not a project is considered innovative needs into account in preparing its must meet the threshold requirements of will be determined on the basis that the project priority list. (See discussion on Section II(B) of the General Section of particular approach proposed is new renewals in Section III(A)(2) of this the SuperNOFA. within its geographic area, and can be NOFA.) (2) Project eligibility and quality. HUD replicated. (c) Supplemental Resources. HUD will review projects to determine if they (3) Continuum of Care. HUD will will award up to 10 points based on the meet the following eligibility and award up to 60 points as follows: extent to which your application quality standards. If HUD determines (a) Process and Strategy. HUD will incorporates mainstream resources and the following standards are not met by award up to 30 points based on the demonstrates leveraging of funds a specific project or activity, the project extent to which your application requested under this program section of or activity will be rejected from the demonstrates: the SuperNOFA with other resources, • The existence of a coordinated and competition. including private, other public, and inclusive community process, including • The population to be served must mainstream services and housing organizational structure(s), for meet the eligibility requirements of the programs. To achieve the highest rating developing and implementing a specific program, as described in this for this factor, applicants must evidence Continuum of Care strategy which program section; strategies to expand access to McKinney includes nonprofit organizations (such • At least one of the activities for and non-McKinney-funded programs by as veterans service organizations, which assistance is requested must be coordinating and integrating homeless organizations representing persons with programs with other mainstream health, eligible under the specific program, as disabilities, and other groups serving social services and employment described in the program regulations; homeless persons), State and local programs for which homeless • The housing and services proposed governmental agencies, other homeless populations may be eligible. These must be appropriate to the needs of the providers, housing developers and include Medicaid, State Children’s persons to be served. HUD may find a service providers, private foundations, Health Insurance Program, Temporary project to be inappropriate if: local businesses and the banking Assistance for Needy Families, Food —The type and scale of the housing or community, neighborhood groups, and Stamps, and services funding through services clearly does not fit the needs homeless or formerly homeless persons; the Mental Health and Substance Abuse of the proposed participants (e.g., and Block Grant, Workforce Investment Act housing homeless families with • That a well-defined and and the Welfare-to-Work grant program. children in the same space as comprehensive strategy has been (d) EZ/EC bonus points. As provided homeless individuals, or separating developed which addresses the for in Section III(C)(1) of the General members of the same family, without components of a Continuum of Care Section of this SuperNOFA, HUD will an acceptable rationale provided); system (i.e., outreach, intake, and add a bonus of up to 2 points to the —Participant safety is not ensured; assessment; emergency shelter; Continuum of Care score when: (1) At —The housing or services are clearly transitional housing; permanent and least one proposed homeless assistance designed to principally meet permanent supportive housing) and that project will be located within the emergency needs rather than helping strategy has been designed to serve all boundaries and/or will principally serve participants achieve self-sufficiency; homeless subpopulations in the the residents of a federal Empowerment —Transportation and community community (e.g., seriously mentally ill, Zone, Enterprise Community, Enhanced amenities are not available and persons with multiple diagnoses, Enterprise Community, or Strategic accessible; or veterans, persons with HIV/AIDS), Planning Communities (collectively —Housing accessibility for persons with including those persons living in ‘‘EZ/EC’’); and (2) if priority placement disabilities is not provided as emergency shelters, supportive housing will be given by the project(s) to required by applicable laws; for homeless persons, or in places not homeless persons living on the streets or An SHP project renewal will be designed for, or ordinarily used as, a in shelters within the EZ/EC, or whose considered as having met this regular sleeping accommodation for last known address was within the EZ/ requirement through its previously human beings. EC. In addition, and in order for a approved grant application. (b) Gaps and Priorities. HUD will Continuum of Care system to receive • The project must be cost-effective in award up to 20 points based on the any of the bonus points, the applicant HUD’s opinion, including costs extent to which your application: must specifically state how it meets the associated with construction, • Describes the gap analysis requirements for the two EZ/EC bonus operations, and administration, with performed, uses reliable information points, and provide a narrative such costs not deviating substantially and sources that are presented describing the extent of the linkages and from the norm in that locale for the type completely and accurately, and coordination between proposed projects of structure or kind of activity; establishes the relative priority of and the EZ/EC. Examples of such

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00535 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9856 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices coordination include having common pro rata need for the COC. Remaining COCs with the same total score, HUD board or committee membership (EZ/EC projects each receive 10 points. If will use the tie-breaking rules described and Continuum of Care), and having EZ/ projects are not prioritized for the above. In addition, if the highest priority EC resources directed toward Continuum, then all projects will project passing threshold requirements Continuum of Care activities. The receive 10 points for Need. within a COC fails to meet the criteria greater the extent of EZ/EC involvement In the case of competing applications for receiving 40 Need points, HUD in and coordination with the from a single jurisdiction or service reserves the right to reduce the total implementation strategy for the area, projects in the application that requested amount for that project to Continuum of Care system and projects, received the highest score out of the allow it to qualify for 40 Need points. the greater the likelihood that bonus possible 60 points for Continuum of HUD may otherwise adjust funding of points will be awarded. Care are eligible for up to 40 points applications in accordance with the (e) Court-ordered consideration. under Need. Projects in the competing provisions of Section III(E) of the Section III(C)(2) of the General Section applications with lower Continuum of General Section of the SuperNOFA. In is applicable to this program. Care scores are eligible for only 10 addition, HUD reserves the right to (4) Need. HUD will award up to 40 points under Need. ensure that a project that is applying for, points for need. There is a three-step (5) Ranking. HUD will add the score and eligible for, selection under this approach to determining the need scores for Continuum of Care to the Need score competition is not awarded funds that to be awarded to projects: to obtain a total score for each project. duplicate activities. (a) Determining relative need: To The projects will then be ranked from (7) Additional selection determine the homeless assistance need highest to lowest according to the total considerations. HUD also will apply the of a particular jurisdiction, HUD will combined score. limitations on funding described below use nationally available data, including (6) Conditional Selection and in making conditional selections. the following factors as used in the Adjustments to Funding. In accordance with the appropriation Emergency Shelter Grants program: Data (a) Conditional Selection. Whether a for homeless assistance grants in the on poverty, housing overcrowding, project is conditionally selected, as Fiscal Year 2000 Appropriation Act for population, age of housing, and growth described in Section V(B) below, will HUD (Pub.L. 106–24, approved October lag. Applying those factors to a depend on its overall ranking compared 20, 1999; 113 Stat. 1047), HUD will use particular jurisdiction provides an to others, except that HUD reserves the not less than 30 percent of the total FY estimate of the relative need index for right to select lower rated eligible 2000 homeless grant assistance that jurisdiction compared to other projects in order to meet the 30 percent appropriation to fund projects that meet jurisdictions applying for assistance overall permanent housing requirement. the definition of permanent housing. under this program section of the When insufficient funds remain to Projects meeting the definition of SuperNOFA. fund all projects having the same total permanent housing are: (1) new Shelter (b) Applying relative need: HUD will score, HUD will first fund permanent Plus Care projects; (2) Shelter Plus Care then apply that relative need index to housing projects if necessary to achieve renewal projects; (3) Section 8 SRO the total amount of funding estimated to the 30 percent overall permanent projects; and (4) new and renewal be available under this program section housing requirement. HUD will then projects designated as permanent of the SuperNOFA to determine a break ties among the remaining projects housing for homeless persons with jurisdiction’s pro rata need. However, in with the same total score by comparing disabilities under the Supportive order to promote permanent housing for scores received by the projects for each Housing Program. Since the FY 2000 the homeless, if a Continuum of Care’s of the following scoring factors, in the homeless grant assistance appropriation number one priority project qualifies as order shown: Need, Overall Continuum is $1.020 billion, not less than $306 an eligible, new permanent housing of Care (COC) score, COC Process and million must be awarded to permanent project, then the full amount of that Strategy, COC Gaps and Priorities, and housing projects unless an insufficient project’s eligible activities, up to COC Supplemental Resources. The final number of approvable permanent $250,000, will be added to the final pro tie-breaking factor is the priority housing projects is submitted in which rata need amount for the Continuum. number of the competing projects on the case HUD will carry over the amount of HUD also reserves the right to adjust pro applicable COC priority list(s). the permanent housing funding shortfall rata need, if necessary, to address the (b) Adjustments to Funding. The to next year’s competition. This issue of project renewals. Secretary of HUD has determined that permanent housing funding requirement (c) Awarding need points to projects: geographic diversity is appropriate to may result in higher scoring non- Once the pro rata need is established, it carrying out homeless assistance permanent housing projects being is applied against the priority project programs in an effective manner. HUD skipped over to fund lower scoring list in the application. Starting from the believes that geographic diversity can be permanent housing projects or, within a highest priority project, HUD proceeds achieved best by awarding grants to as continuum, higher priority non- down the list to award need points to many COCs as possible. To this end, in permanent housing projects being each project. An eligible project will instances where any of the 50 States, the skipped over to fund lower priority receive the full 40 points for need if at District of Columbia, the permanent housing projects. least one half of its requested amount Commonwealth of Puerto Rico, Guam, In accordance with section 429 of the falls within the pro rata need amount for the Northern Mariana Islands, the Virgin McKinney Act, HUD will award that Continuum of Care (COC). Islands, and American Samoa does not Supportive Housing funds as follows: Thereafter, HUD proceeds further down have at least one funded COC, HUD not less than 25 percent for projects that the priority project list and awards 20 reserves the right to fund eligible primarily serve homeless families with points for need to each project if at least project(s) receiving 40 Need points in children; not less than 25 percent for one half of its requested amount falls the COC with the highest total score in projects that primarily serve homeless within the ‘‘second tier’’ of pro rata that jurisdiction. To qualify for funding, persons with disabilities; and not less need amount for that Continuum of the total score for these first tier projects than 10 percent for supportive services Care. The ‘‘second tier’’ is the amount on the COC priority list must be at least not provided in conjunction with between the pro rata need and twice the 70 points. In the case of two or more supportive housing. After projects are

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00536 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9857 rated and ranked, based on the factors applications received in response to this The application requires a description described above, HUD will determine if program section of the SuperNOFA. of the Continuum of Care system and the conditionally selected projects (B) Action on Conditionally Selected the proposed project(s). To ensure that achieve these minimum percentages. If Applications. HUD will notify no applicant is afforded an advantage in not, HUD will skip higher-ranked conditionally selected applicants in the rating of the Continuum of Care projects in order to achieve these writing. As necessary, HUD will element (described in Section V(A)(3) minimum percentages. subsequently request them to submit above), HUD is establishing a limitation In accordance with section 463(a) of additional project information, which of 25 pages, excluding required multiple the McKinney Act, as amended by the may include documentation to show the page tables or charts but including any Housing and Community Development project is financially feasible; attachments, on the length of Exhibit 1 Act of 1992, at least 10 percent of documentation of firm commitments for of any application submitted in Shelter Plus Care funds will be awarded cash match; documentation showing response to this NOFA. HUD will not for each of the four components of the site control; information necessary for consider the contents of any pages program: Tenant-based Rental HUD to perform an environmental exceeding this limit when rating the Assistance; Sponsor-based Rental review, where applicable; and such Continuum of Care element of any Assistance; Project-based Rental other documentation as specified by application. The application kit also Assistance; and Section 8 Moderate HUD in writing to the applicant, that contains certifications that the applicant Rehabilitation of Single Room confirms or clarifies information will comply with fair housing and civil Occupancy Dwellings for Homeless provided in the application. HUD will rights requirements, program Individuals (provided there are notify SHP, SRO, S+C and S+C/SRO regulations, and other Federal sufficient numbers of approvable applicants of the deadline for requirements, and (where applicable) projects to achieve these percentages). submission of such information. If an that the proposed activities are After projects are rated and ranked, applicant is unable to meet any consistent with the HUD-approved based on the factors described above, conditions for fund award within the Consolidated Plan of the applicable HUD will determine if the conditionally specified timeframe, HUD reserves the State or unit of general local selected projects achieve these right not to award funds to the government, including the Analysis of minimum percentages. If necessary, applicant, but instead to either: use Impediments to Fair Housing Choice HUD will skip higher-ranked projects in them to select the next highest ranked and the Action Plan to address these order to achieve these minimum application(s) from the original impediments. Projects funded under percentages. competition for which there are this SuperNOFA shall operate in a In accordance with section 455(b) of sufficient funds available; or add them fashion that does not deprive any individual of any right protected by the the McKinney Act, no more than 10 to funds available for the next Fair Housing Act (42 U.S.C. 3601–19), percent of the assistance made available competition for the applicable program. section 504 of the Rehabilitation Act of for Shelter Plus Care in any fiscal year VI. Application Submission 1973 (29 U.S.C. 794), the Americans may be used for programs located Requirements with Disabilities Act of 1990 (42 U.S.C. within any one unit of general local 12101 et seq.), Title VI of the Civil government. In accordance with section The application kit provides the Rights Act of 1964 (42 U.S.C. 2000d), 441(c) of the McKinney Act, no city or application materials, including Form Section 109 of the Housing and urban county may have Section 8 SRO SF–424 and certifications, that must be Community Development Act of 1974 projects receiving a total of more than used in applying for homeless (42 U.S.C. 5301) or the Age 10 percent of the assistance made assistance under this SuperNOFA. These application materials substitute Discrimination Act of 1974 (42 U.S.C. available under this program. HUD is 6101). Section II(D) of the General defining the 10 percent availability this for the forms, certifications, and assurances listed in Section II(G) of the Section of this SuperNOFA regarding fiscal year as $10 million for Shelter Affirmatively Furthering Fair Housing Plus Care and $10 million for Section 8 General Section of the SuperNOFA (collectively, the ‘‘standard’’ forms). does not apply to the Continuum of Care SRO. However, if the amount awarded Homeless Assistance programs. In addition to the required narratives, under either of these two programs There are three options for submitting the items that you must submit to HUD exceeds $100 million, then the amount an application under this program awarded to any one unit of general local as part of the application for homeless section of the SuperNOFA. government (for purposes of the Shelter assistance funding are as the following. One: A ‘‘Consolidated Application’’ is Plus Care program) or city or urban The standard forms can be found in submitted when a jurisdiction (or a county (for the purposes of the SRO Appendix B to the General Section of consortium of jurisdictions) submits a program) could be up to 10 percent of the SuperNOFA. The remaining forms single application encompassing a the actual total amount awarded for that (i.e., excluding such items as Continuum of Care strategy and program. narratives), referred to as the non- containing all the projects within that Lastly, HUD reserves the right to standard forms can be found as strategy for which funding is being reduce the amount of a grant if Appendix B to this program section of requested. Individual projects are necessary to ensure that no more than the SuperNOFA): contained within the one consolidated 10 percent of assistance made available 1. 2000 Application Summary Form. application. Grant funding may go to under this program section of the 2. Continuum of Care and Project one entity which then administers all SuperNOFA will be awarded for Exhibits. funded projects submitted in the projects located within any one unit of 3. Gaps Analysis Form. application, or under this option, grant general local government or within the 4. Project Priorities Form. funding may go to all or any of the geographic area covered by any one 5. Project Leveraging Form. projects individually. Your application Continuum of Care. If HUD exercises a 6. EZ/EC Certification. will specify the grantee for each project. right it has reserved under this program 7. SF–424. Two: ‘‘Associated Applications’’ are section of the SuperNOFA, that right 8. Applicant Certifications. submitted when applicants plan and will be exercised uniformly across all 9. Consolidated Plan Certification(s). organize a single Continuum of Care

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00537 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9858 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices strategy which is adopted by project to the National Environmental Policy income persons, particularly those who sponsors or operators who choose to Act of 1969 and related Federal are recipients of government assistance submit separate applications for projects environmental authorities. No Federal for housing, and to businesses that while including the identical or non-Federal funds or assistance that provide economic opportunities for Continuum of Care strategy. In this case, limits reasonable choices or could these persons. project funding would go to each produce a significant adverse IX. Authority successful applicant individually and environmental impact may be each would be responsible to HUD for committed to a project until all required The Supportive Housing Program is administering its separate grant. environmental reviews and notifications authorized by title IV, subtitle C, of the Three: A ‘‘Solo Application’’ is have been completed. Conditional Stewart B. McKinney Homeless submitted when an applicant applies for selection of projects under the Assistance Act (McKinney Act), 42 a project exclusive of participation in Continuum of Care Program is subject to U.S.C. 11381. Funds made available any community-wide or region-wide the environmental review requirements under this program section of the Continuum of Care development under 24 CFR 582.230, 583.230, and SuperNOFA for the Supportive Housing process. 882.804(c), as applicable. Program are subject to the program Options one and two are not regulations at 24 CFR part 583. substantively different and will be (B) Local Resident Employment. To the extent that any housing assistance The Shelter Plus Care program is considered equally competitive. authorized by title IV, subtitle F, of the Applicants are advised that projects that (including rental assistance) funded through this program section of the McKinney Act, 42 U.S.C. 11403. Funds are not a part of a Continuum of Care made available under this program strategy will receive few, if any, points SuperNOFA is used for housing rehabilitation (including reduction and section of the SuperNOFA for the under the Continuum of Care rating Shelter Plus Care program are subject to factors. abatement of lead-based paint hazards, but excluding routine maintenance, the program regulations at 24 CFR part VII. Corrections to Deficient repair, and replacement) or housing 582. Applications construction, then it is subject to section The Section 8 Moderate Rehabilitation Program for Single Room The General Section of the 3 of the Housing and Urban Occupancy Dwellings for Homeless SuperNOFA provides the procedures for Rehabilitation Act of 1968, and the Individuals (SRO) is authorized by corrections to deficient applications implementing regulations at 24 CFR part section 441 of the McKinney Act, 42 (See Section V of the General Section). 135. Section 3, as amended, requires that economic opportunities generated U.S.C. 11401. Funds made available VIII. Environmental and Local Resident by certain HUD financial assistance for under this NOFA for the SRO program Employment Requirements housing and community development are subject to the program regulations at (A) Environmental Requirements. All programs shall, to the greatest extent 24 CFR part 882, subpart H. Continuum of Care assistance is subject feasible, be given to low- and very low- BILLING CODE 4210±32±P

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00538 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9859

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00539 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9860 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00540 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9861

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00541 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9862 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00542 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9863

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00543 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9864 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00544 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9865

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00545 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00546 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9867

FUNDING AVAILABILITY FOR THE efforts you must submit two copies of data collection on project outcomes in HOUSING OPPORTUNITIES FOR your application to the Field Office that relation to the amount requested for PERSONS WITH AIDS (HOPWA) serves your main office. The list of program activities. PROGRAM addresses for area CPD Field Offices is (B) Award Modifications. See the General Section of this SuperNOFA for Program Overview provided as Appendix B of this program section of this SuperNOFA. If you information with regard to adjustments Purpose of the Program. To provide propose nationwide activities, you must to funding. HUD also reserves the right States and localities with the resources send all copies to the HUD headquarters to ensure that activities funded under and incentives to devise long-term office. When submitting your the FY 2000 Continuum of Care will not comprehensive strategies for meeting applications, please refer to HOPWA, duplicate activities funded under this the housing and related supportive and include your name, mailing address competition. service needs of persons with HIV/AIDS (including zip code), facsimile and III. Program Description; Eligible and their families. telephone number (including area code). Applicants; Eligible Activities Available funds. Approximately For Application Kits. Although you $23,026,000 (and under a related part of may begin working on your application (A) Program Description. Funds under this SuperNOFA, up to $1,740,000 for with the materials provided in this this program are to be used to support technical assistance for the HOPWA program section of the SuperNOFA and the Department’s national goal of program). its appendixes, for an application kit, increasing the availability of decent, Eligible Applicants. (1) States, units of please call the SuperNOFA Information safe, and affordable housing in general local government, and nonprofit Center at 1–800-HUD–8929 (1–800– American communities. The statutory organizations for grants for Special 483–8929). Persons with hearing or purpose of the HOPWA program is ‘‘for Projects of National Significance (SPNS) speech impairments may call the meeting the housing needs of persons’’ grants. Center’s TTY number at 1–800-HUD– with HIV/AIDS and their families and (2) States and units of general local 2209 (1–800–483–2209). The planned activities must address this government may apply for projects application kit also will be available on purpose. HOPWA funds projects to under the Long-Term category of grants, the Internet through the HUD web site provide housing and related supportive if activities will serve areas that were at http://www.hud.gov. services for low-income persons with not eligible for HOPWA formula For Further Information and HIV/AIDS and their families under two allocations in Fiscal Year 2000. Technical Assistance. You may call the categories of assistance: Appendix A in this program section of HUD Field Office serving your area, at (1) Grants for Special Projects of the SuperNOFA identifies the formula the telephone number shown in the National Significance (SPNS) that, due areas. application kit for this program, or you to their innovative nature or their Application Deadline. May 23, 2000. may contact the Community potential for replication, are likely to Match. None. Connections Information Center at 1– serve as effective models in addressing 800–998–9999 (voice) or 1–800–483– the housing and related supportive Additional Information 2209 (TTY) or by Internet at: http:// service needs of low-income persons If you are interested in applying for www.comcon.org/ccprog.html. living with HIV/AIDS and their families. funding under this program, please Satellite Broadcast. HUD will hold an Under this program section of the review carefully the General Section of information broadcast via satellite for SuperNOFA, HUD will set-aside up to this SuperNOFA and the following potential applicants to learn more about 40% of the funds allocated to SPNS to additional information. the program and preparation of the projects targeting underserved populations as defined in Section (D); I. Application Due Date, Application application. For more information about the date and time of the broadcast, you and Kits, Further Information, and (2) Grants for projects that are part of Technical Assistance should consult the HUD web site at http://www.hud.gov. Long-Term Comprehensive Strategies Application Due Date. You must (Long-Term) which provide housing and submit applications on or before 12:00 II. Amount Allocated related supportive services for low- midnight, Eastern time, on May 23, Approximately $23,026,000 is being income persons living with HIV/AIDS 2000, at HUD Headquarters. made available for funding under this and their families in areas that are not See the General Section of this program section of the SuperNOFA. eligible for HOPWA FY 2000 formula SuperNOFA for specific procedures Additional funds may be awarded if allocations found in Appendix A of this governing the form of application funds are recaptured, deobligated, program section of this SuperNOFA. submission (e.g., mailed applications, appropriated or otherwise made (B) Eligible Applicants and Project express mail, overnight delivery, or available during the fiscal year. Sponsors. (1) States, units of general hand carried). (A) Maximum Grant Amounts. The local government, and nonprofit Address for Submitting Applications. maximum amount that you may receive organizations may apply for grants for Your completed application consists of is $1,200,000 for program activities (e.g., Special Projects of National an original signed application and two activities that directly benefit low- Significance; copies. Submit the original application income persons living with HIV/AIDS (2) States and units of general local to: Department of Housing and Urban and their families). You may also add- government may apply for grants for Development, 451 Seventh Street, SW, on up to 3 percent of this program projects under the Long-Term category Room 7251, Washington, DC 20410. The activities amount for grantee of grants, if proposed activities will original application submitted to HUD administrative costs and, if your serve areas that were not eligible to headquarters is considered the official program involves project sponsors, add- receive HOPWA formula allocations in application. on up to 7 percent for their Fiscal Year 2000. A list of the formula Submit the two (2) copies of your administrative costs. In addition, up to areas and a list of the areas not eligible application to the area CPD Field Office $50,000 may be requested to collect data to receive HOPWA Formula funds, can or Offices that serve the area in which on project outcomes. HUD reserves the be found in Appendix A of this program activities are proposed. For multi-state right to reduce the amount requested for section of this SuperNOFA. Nonprofit

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00547 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9868 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices organizations are not eligible to apply organization has a functioning (i) Resource identification to directly for the Long-Term grants but accounting system that is operated in establish, coordinate and develop may serve as a project sponsor for an accordance with generally acceptable housing assistance resources and eligible State or local government accounting principles or that a technical assistance in establishing and grantee. You must identify your project qualifying entity is designated for that operating a community residence. HUD sponsors in your application. activity, or the United Way member will not select under this notice an (3) Nonprofit organizations must have agency certification noted in item (ii); application that is primarily directed at appropriate credentials, in accordance and providing these activities, since national with HOPWA regulations at 24 CFR (iv) A certified copy of your nonprofit HOPWA technical assistance funds are 574.3. If you are a nonprofit organization’s articles of incorporation, being made available under the organization, to be an eligible applicant by-laws, statement of purposes, board of Community Development Technical or project sponsor, you must either: director’s resolution or a similar Assistance (CDTA) part of this notice for —Have, by the application due date, an document that includes a provision this purpose. You may propose a IRS ruling that grants you tax exempt demonstrating its purpose regarding resource identification or technical status under section 501(c)(3) of the significant activities for persons living assistance component in your Internal Revenue Code; or with HIV/AIDS. application, if the amount of funds —Provide documentation that shows If your organization does not provide designated for these activities are less that your organization satisfies the the requested documentation, you are than 20 percent of the proposed criteria in the statutory definition of not eligible to receive funds and serve program activity costs; and nonprofit organization in 42 USC as the grantee or as a project sponsor. (j) As authorized by the statute, you 12902(13) However, you may collaborate with may propose other activities in your The statutory definition reads: eligible nonprofit organizations or with application, if approved by HUD, The term ‘‘nonprofit organization’’ a government agency that applies for the including data collection on project means any nonprofit organization grant and assist them, for example, in outcomes, as described below in (including a State or locally chartered, planning for the proposed activities, paragraph (2). HUD will not approve nonprofit organization) that—(i) is identifying needs in your community proposals that depend on future organized under State or local laws; (ii) and identifying clients who will be decisions on how funds are to be used, has no part of its net earnings inuring assisted. In addition, you may do work for example, a proposal to establish a to the benefit of any member, founder, under contract with a grantee for local request-for-proposal process to contributor, or individual; (iii) complies services funded by this grant. select activities or project sponsors. You with standards of financial (C) Eligible Activities. (1) The must identify your project sponsors at accountability acceptable to the following eligible activities are subject the time of the application. Secretary; and (iv) has among its to standards and limitations found in 24 (2) You may request up to $50,000 to purposes significant activities related to CFR part 574. collect information and report to HUD, providing services or housing to persons (a) Housing information services or a third party designated by HUD, on with acquired immunodeficiency (including fair housing counseling). project outcomes. If you requested these syndrome or related diseases. (b) Project-based or tenant-based funds, you must propose data collection HUD interprets the use of the term rental assistance. activities in your application. The ‘‘related diseases’’ in this definition to (c) New construction of a community persons who will conduct these include HIV infection. residence or SRO dwelling. activities may include an expert third- Adequate documentation of nonprofit (d) Acquisition, rehabilitation, party. Project outcome activities status includes the following: conversion, lease or repair of facilities to include: (a) In lieu of an IRS exemption for provide housing and services. (a) Defining monitoring questions that nonprofits in Puerto Rico, a ruling from will be addressed and examined during the Treasury Department of the (e) Operating costs for housing. (f) Short-term rent, mortgage and the project period; Commonwealth of Puerto Rico granting (b) Specifying outcome measures; income tax exemption under section utility payments to prevent (c) Developing instruments to assess 101 of the Income Tax Act of 1954, as homelessness. project outcomes and systems outcomes; amended (13 LPRA 3101); (g) Supportive services. Many of the (d) Training project staff in the (b) In lieu of documentation under clients who will be served by the HUD collection of data; section 501(c)(3), documentation of an program covered by this NOFA may (e) Monitoring data collection IRS ruling of tax exempt status under need services in addition to housing. It activities to assure that submissions are section 501(c)(4), (6), (7), (9), or (19); is important that you design programs complete and accurate, including data (c) Documentation of satisfying the which enhance access to those needed coding and entry; statutory criteria by submitting the services, including access to health-care, (f) Summarizing data collected; and following four items: AIDS drug assistance, and other services (g) Preparing reports summarizing (i) Certification by an appropriate funded through the Ryan White CARE findings, including the standard official of the jurisdiction under whose Act or other Federal, State, local or HOPWA Annual Progress Report. laws the nonprofit organization was private funds. While HUD recognizes (D) Targeting Resources to organized that your organization was so that there are many ways to ensure that Underserved Populations. The organized and is in good standing; clients receive the services they need, to Department has been advised by (ii) Documentation that your the extent possible, the Department persons living with HIV/AIDS, HIV/ organization is a certified United Way encourages you to develop housing AIDS housing providers, and national member agency or other documentation programs which do not require organizations, of the continuing that shows that no inurement of benefits participation in services as a part of disparity in accessing health-care and to the managers of your organization your or your project sponsor’s tenancy HIV/AIDS treatment among underserved occurs; requirements. populations, such as, racial and ethnic (iii) Documentation from a CPA or (h) Administrative expenses (see minority populations, women, and Public Accountant that your limits for grantees and sponsors). persons living in rural areas. In an effort

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00548 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9869 to meet this continuing need and groups as determined by your service (2) Measure your performance. After diversify the number and type of area, whose housing and related service each year of operation, you must report organizations that have traditionally needs are not currently being met in the on the number of short-term and received HOPWA funding, the service area. To meet the program permanent housing units that were Department is encouraging definition of underserved group, you provided with HOPWA funding, and collaborations among community-based must show the unmet need in the number of additional persons served organizations for providing housing provision of housing and related with related supportive services. HUD assistance and/or technical assistance to supportive services for the identified will measure your progress and better serve underserved populations on underserved population in your service achievements in evaluating your a national, regional, or local level. area by presenting reliable statistics and performance on your HOPWA grant. Collaborations pair organizations that data sources (i.e. Census, health Examples of reporting performance are experienced in developing or department statistics, research, measures are: operating housing facilities and housing scientific studies, and Needs Analysis of (a) In your community over the last assistance programs with community- Consolidated Plan and/or Continuum of year, a transitional housing facility based organizations that provide Care documentation). HUD will providing 5 units of housing was services or use culturally-sensitive consider your presentation of statistics operated with HOPWA funds. Residents efforts to reach persons in underserved and data sources based on soundness also received drug and/or alcohol abuse communities, but may have little or no and reliability and the specificity of treatment and counseling by qualified experience in meeting the housing information to the underserved staff. During that year, ten persons needs of persons living with HIV/AIDS. population and the area to be served; resided in the facility and benefited This team approach is expected to: (1) and from the intense on-site assistance, strengthen the organization—improve • Evidence the method, by which which also included helping them capacity to develop, operate, manage, your plans will, as defined above, develop and follow a plan to find and evaluate housing assistance strengthen the organization, serve permanent housing and continue programs for persons living with HIV/ underserved populations, increase treatment after leaving the facility, AIDS; (2) serve underserved planning, and support fair housing in including monthly phone contacts or populations—help reach underserved the Soundness of Approach section of visits by staff; and populations in areas that lack housing your application as detailed under (b) Over the last 12 months, a and health care infrastructure; and (3) Rating Factor 3 of this program section nonprofit organization distributed Increase Planning—develop holistic of the SuperNOFA. tenant-based rental assistance vouchers community approaches to better If HUD determines that the to 15 households within your three- coordinate housing and related services application fails to meet the above county metropolitan area. The vouchers in communities impacted by HIV and considerations, the application will not provided for on-going housing AIDS. Note: All assistance provided to be considered for funding under the 40 assistance (up to three years) and the targeted underserved communities must percent of SPNS funds allocated for program advised the clients on tenant- be in accordance with the requirements collaborative projects targeting landlord issues and arranged for of the Fair Housing Act. In order to underserved populations. HUD will housing quality standard inspections of support these collaborations and to consider the application under the the apartments selected. A case manager encourage new collaborations to receive remaining SPNS category. who is funded under the Ryan White HOPWA funding, up to 40% of the CARE Act program, advised the tenants IV. Program Requirements funds targeted toward SPNS and helped them access health-care and applications will be awarded to (A) Performance Measures and Project other services from providers in this applications with these collaborations to Goals and Objectives. You must use community. During this year, 22 serve underserved populations. HUD’s required performance measures persons received permanent housing To be considered as a collaboration, that will show your accomplishments in assistance with HOPWA funds and for in your application you must: using HOPWA funds to expand the three of these families who were unable • Identify and evidence the housing options that benefit low-income to find housing within 30 days, experience of all collaborating persons with HIV/AIDS and their additional efforts were made and an organizations as detailed under Rating families. You may also establish appropriate apartment was located and Factor 1 of this program section of the individual goals and objectives for your used. SuperNOFA in the Capacity of the proposal. They should be specific, (B) Performance Benchmarks. Funds Applicant and Project Sponsors and achievable and measured within set received under this competition are Relevant Organizational Experience time periods. Your individual goals and expected to be expended within 3 years section of your application; objectives should result in possible following the effective date of a grant • Identify the underserved population findings on the successes and lessons agreement. You will be expected to meet and evidence in the Description of learned in undertaking your activities the following performance benchmarks: Unmet Need section of your application that would be shared with other (1) If you acquire or lease a site, you as detailed under Rating Factor 2 that communities. In designing your are required to gain site control within substantial housing and related service proposal, please use the following: one year of your selection (i.e, one year needs of the identified underserved (1) Required HOPWA national from the date of the signing of your population living with HIV/AIDS and performance goal. Your proposed selection letter by HUD); their families are not being met in the activities must: (2) If you propose to use HOPWA area. For the purposes of this program Increase the amount of housing funds to undertake rehabilitation or new NOFA, the Department has defined assistance and related supportive construction activities, you are required underserved populations as low-income services to low-income persons living to begin the rehabilitation or populations living with HIV/AIDS and with HIV/AIDS and their families to construction within 18 months of your their families, such as racial or ethnic enable them to achieve housing stability selection and to complete that activity minority groups, women, persons living and access to health-care and related within 3 years from the date of your in rural areas, or other underserved supportive services. selection letter by HUD; and

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00549 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9870 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(3) You are requested to provide an funds, submit an application for funds Rating Factor 1: Capacity of the initial report to the Field Office and the under the Community Development Applicant and Project Sponsors and Headquarters on the startup of the Technical Assistance (CDTA) part of Relevant Organizational Experience (20 planned activities within six months of this notice, which is published Points) your selection. Please outline any elsewhere in this SuperNOFA. The Please address the following factor on accomplishments in implementing the CDTA notice provides up to $1,740,000 not more than five (5) double-spaced, funds along with identifying any in HOPWA funds to organizations for typed pages. This factor addresses the barriers or issues for which the technical assistance support on a extent to which you and any project Department may provide assistance. national or regional basis. sponsor has the organizational resources Except as noted in paragraph (2) for necessary to successfully implement rehabilitation or construction activities, V. Application Selection Process you must begin to operate your program your proposed activities in a timely within one year from your selection. If (A) HOPWA Application Reviews. manner. If you will be using project a selected project does not meet the HUD will review your HOPWA sponsor(s) in your project, you must appropriate performance benchmark, application to ensure that: identify each project sponsor in your application. HUD will award up to 20 HUD reserves the right to cancel or (1) Your application meets the withdraw the grant funds. points based on your and any project threshold requirements found in the sponsor’s ability to develop and operate (C) Descriptive Budget. You must General Section of the SuperNOFA; provide a description of each of your your proposed program, such as housing requested budget items and how the (2) A Certification of Consistency with development, management of housing funds will be used, including each Consolidated Plans is provided as facilities or units, and service delivery, amount of requested funding for you Appendix C to this program section of in relation to which entity is carrying and your project sponsors, and a the SuperNOFA. Under the HOPWA out an activity. description of how each line item will program, proposed activities that are (1) With regard to both you and any relate to eligible HOPWA activities as located in a jurisdiction are required to project sponsor(s), HUD will consider: defined in Section III(C), of this program be consistent with the jurisdiction’s (a) Past experience and knowledge in section of the SuperNOFA. You are current, approved Consolidated Plan, serving persons with HIV/AIDS and expected to match requested funds to including the Analysis of Impediments their families; (b) Past experience and knowledge in specific goals and objectives in your to Fair Housing choice and the Action programs similar to those proposed in project. See Appendix C of this program Plan to address these impediments, section of the SuperNOFA. your application; except that this certification is not (c) Experience and knowledge in (D) Availability of FY 2000 Formula required for projects that propose to Allocations. You are also encouraged to monitoring and evaluating program undertake activities on a national basis; consider seeking funds for your performance and disseminating and proposed activities under the formula information on project outcomes; and component of the HOPWA program and (3) You are currently in compliance (d) Past experience as measured by from other resources that are made with the Federal requirements expenditures and measurable progress available in communities. Ninety (90) contained in 24 CFR part 574, subpart in achieving the purpose for which percent of the HOPWA program is G, ‘‘Other Federal Requirements.’’ funds were provided. (2) In reviewing the elements of allocated by formula and recipient (B) The HOPWA Competition. This paragraph (1), HUD will consider the States and cities are required to consult national competition will involve the extent to which your proposal with the public on designing the use of review, rating, and selection of HOPWA these funds. In FY 2000, a total of demonstrates: applications under each of the two $207.234 million was allocated by (a) The knowledge and experience of formula to the qualifying cities for 67 categories of assistance Special Projects the proposed project director and staff, eligible metropolitan statistical areas of National Significance (SPNS) and including the day-to-day program (EMSAs) and to 34 eligible States for Long-Term Comprehensive Strategies manager, consultants and contractors in areas outside of EMSAs. All HOPWA (Long-Term) in areas that do not qualify planning and managing the kind of formula grants are available as part of for HOPWA formula allocations. activities for which you are requesting the jurisdiction’s Consolidated Plan, (C) Procedures for the Rating of funds. You and any project sponsor will which also includes the Community Applications. HUD will rate all HOPWA be judged in terms of recent, relevant Development Block Grant, HOME applications based on the criteria listed and successful experience of staff to Investment Partnerships program, and below. undertake eligible program activities, Emergency Shelter Grants. Plans are including experience and knowledge in (D) Factors For Award Used to developed through a public process that serving persons with HIV/AIDS and Evaluate and Rate Applications. The assesses area needs, creates a multiple- their families. year strategy and proposes an action factors for rating and ranking your (b) Your and/or the sponsor’s plan for use of Federal funds and other application, and the maximum points experience in managing complex community resources in a coordinated for each factor, are provided below. The interdisciplinary programs, especially and comprehensive manner. points awarded for the factors total 100. those involving housing and community Information on consolidated planning, In addition, bonus points for projects in development programs directly relevant including HOPWA formula programs EZ/EC areas and by the City of Dallas to the work activities proposed and and descriptions of previously awarded may be available under Section III(C)(2) carrying out grant management competitive grants, is available on the of the General Section of this responsibilities. HUD HOME Page at www.hud.gov. SuperNOFA apply to this competition. (c) If you and/or the sponsor received (E) Availability of National HOPWA After rating, all applications will be funding in previous years in the Technical Assistance. If you are placed in the rank order of their final program area for which you are interested in providing technical score for selection within the currently seeking funding, you and your assistance activities with HOPWA appropriate category of assistance. sponsor’s past experience will be

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00550 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9871 evaluated in terms of the ability to attain comprehensive HIV/AIDS housing plans your previous HOPWA-funded activities demonstrated measurable progress in are applicable and identify the level of have been carried out and are nearing the implementation of your recent grant the problem and the urgency of the completion of the planned activities in awards. Measurable progress is defined need. Urgent and unmet needs may be a timely manner. Measurable progress is as: demonstrated, as follows: defined as: (i) meeting performance (i) Meeting performance benchmarks, (a) If you apply for a proposed Special benchmarks, as appropriate, in program as applicable, in program development Project of National Significance, you development and operation, (ii) meeting and operation; must describe a need that is not project goals and objectives, such as, (ii) Meeting project goals and currently addressed by other projects or that the number of persons assisted is objectives, such as, that the number of programs in the area; also describe any comparable to the number that was persons assisted was comparable to the unresolved or emerging issues, and the planned at the time of application, (iii) number that was planned at the time of need to provide new or alternative submitting timely performance reports, application; forms of assistance that, if provided, and (iv) expending 80% of prior funding (iii) Submitting timely performance would enhance your area’s programs for by the application due date of this reports; and housing and related care for persons program section of the SuperNOFA. (iv) Expending 80% of prior funding living with HIV/AIDS and their families; (4) (5 Points) Highest Rated in a State by the application due date of this or or the Nation (for nationwide activities). program section of the SuperNOFA. (b) If you apply for a project that is After the other rating factors have been Rating Factor 2: Need/Extent of the part of a Long-Term Comprehensive determined, HUD will award five of the Problem (20 Points) Strategy in an area that does not receive points to help achieve greater a HOPWA formula allocation, you must geographic diversity in funding Please address the following factor on describe the need that is not currently activities within a variety of States. not more than five (5) double-spaced, addressed by other projects or programs Under this criterion, five points will be typed pages. This factor addresses the in the area; you must also describe any awarded to the highest rated SPNS and extent to which there is a need for unresolved or emerging issues, and/or Long-term applications in each State funding the proposed program activities the need to provide forms of assistance and to the highest rated SPNS and an indication of the urgency of that enhance the community’s strategy application among the applications that meeting the need in the target area. Up for providing housing and related propose nationwide activities. to 20 points will be awarded for this services to eligible persons. factor. HUD will consider your presentation Rating Factor 3: Soundness of (1) (5 Points) AIDS Cases. Up to five of statistics and data sources based on Approach: Responsiveness and Model of these points will be determined by soundness, reliability and the specificity Qualities (40 Points) the relative numbers of AIDS cases and of information to the target population Please address the following factor on per capita AIDS incidence within your and the area to be served. If you propose not more than fifteen (15) double- service area, in metropolitan areas of to serve a subpopulation of eligible spaced, typed pages. This factor over 500,000 population and in areas of persons on the basis that these persons addresses the method by which your a State outside of these metropolitan have been traditionally and are plan meets your identified needs. HUD areas, in the State for proposals currently underserved (e.g., persons will award up to 40 points based on the involving state-wide activities, and in with multiple disabilities including extent to which your plan evidences a the nation for proposals involving AIDS), your application must document sound approach in its responsiveness to nation-wide activities. Your application the need for this targeted effort through the persons that you will be assisting must define a planned service area. To statistics and data sources that support and how it offers model qualities in determine these points, HUD will obtain the need of this population in your providing supportive housing AIDS surveillance information from the service area. opportunities for low-income persons Director of the Centers for Disease (3) (5 Points) Need in Non-Formula living with HIV/AIDS and their families, Control and Prevention. Areas and Need for Renewals. Within when compared to other applications (2) (5 Points) Description of Unmet the points available under this criterion, and projects funded under previous Need. Up to five of these points will be HUD will award points under the HOPWA competitions. The points will determined by the extent to which there following two circumstances: be awarded as follows: is a need for funding eligible activities (a) Five points will be awarded, if (1) Responsiveness (20 Points). HUD in the area to be served. To receive the your SPNS application proposes to will award up to 20 points based on highest ratings in this factor, you must serve clients in an area that does not how well your project plan responds to demonstrate that substantial housing qualify for HOPWA formula allocation; the unmet needs of the target population and related service needs of low-income or including the specific needs that you persons living with HIV/AIDS and their (b) Up to five points will be awarded, identified under the Need Criterion with families are not being met in the area if you propose to continue the specific goals and objectives for and that reliable statistics and data operations of HOPWA funded activities providing housing and related sources (i.e. Census, health department that have been supported by HOPWA supportive services for people living statistics, research, scientific studies, competitive funds in the year with HIV/AIDS and their families. To and Needs Analysis of Consolidated immediately prior to this application receive the highest ratings in this Plan and/or Continuum of Care and that have operated with measurable element, you must offer a plan that documentation) show this unmet need. success. To receive the highest ratings evidences the following: To receive the highest number of points, in this factor, you must describe what (a) Your project’s goals and objectives. you also must show that your unmet need would result if funding for You must describe your project’s goals jurisdiction’s Consolidated Plan and the project was not renewed and and objectives and how you will Analysis of Impediments to Fair describe your efforts to secure other measure how the project is performing Housing Choice, Continuum of Care sources of funding to continue this under the required HOPWA Homeless Assistance plans (if homeless project. You must also show that you performance goal, i.e., increasing the persons are to be served), and operated with measurable progress and amount of housing assistance and

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00551 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9872 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices related supportive services to low- connection of these services in helping operations and your basis for making income persons living with HIV/AIDS clients obtain and/or maintain housing; relative adjustments based on outcomes and their families to enable them to (D) the roles and responsibilities of and lessons learned from operation of achieve housing stability and access to project sponsors and other organizations your activities. HUD will provide a health-care and supportive services. in undertaking these activities. If you greater number of points for programs You are encouraged to review Section propose to use more than 10% of your which will serve as a national model IV: Program Requirements, Part A: HOPWA funds for supportive services, and which provide for the Performance Measures and Project Goals emergency or transitional housing dissemination of information from the and Objectives of this Notice of Funds activities, to receive the highest number lessons learned from your proposed Available (NOFA) when developing of rating points, you must address how activities. your goals and objectives. To receive the you will meet your clients’ permanent (e) Innovative Qualities. If you highest rating your goals should housing needs with HOPWA funds or propose a new program, or an address: funds from other sources. You can fulfill alternative method of meeting the needs (i) The projected numbers of persons this commitment by allocating funds for of your clients, you should describe the to be served through each activity for housing vouchers for HOPWA clients or innovative qualities of your activities. each year of your program; developing permanent housing with this HUD will rate your applications higher (ii) The projected number of housing grant or other sources. if your justification for these units to be provided through your (2) Model Qualities (20 Points). HUD innovations provide strong evidence project, (unless you are proposing will award up to 20 points based on that they will yield qualities that will supportive service only activities) and; your service delivery model plan and benefit or expand our knowledge in (iii) The specific organizations that how well it addresses the ongoing offering assistance to persons living will provide housing either through an housing and supportive service needs with HIV/AIDS and their families, when agreement with your organization or within a replicable operational compared to other applications and through funding from your project. framework. To receive the highest (b) Your plans for accomplishing HOPWA projects funded in the past. In ratings in this factor, you must offer a order to learn about innovative qualities these goals and objectives. You must plan that evidences a permanent demonstrate your methodology for of previously funded and on-going housing arrangement and the following: HOPWA projects, please review the achieving these goals and objectives by (a) Operational Procedures. You must HOPWA Executive Summaries for all describing the service delivery model describe your program’s outreach, HOPWA formula and competitive that you intend to implement and intake, and assessment procedures, as grantees at http://www.hud.gov/cpd/ explain how you will integrate the well as how clients will link to services hopwahom.html. following items: and (if necessary) housing funded from (i) Housing. You must demonstrate other sources and how your project Rating Factor 4: Leveraging Resources how the housing needs of clients will be provides for consistent monitoring of all (10 Points) addressed by including: (A) the type and clients. You must include within this This factor addresses your ability to number of units of housing to be description how a client moves through provided and/or made more appropriate the program from intake, assessment, secure community resources which can if currently available in the community; service delivery, and finally to be combined with HUD’s program (B) the names of the project sponsors termination or linkage to other services. resources to achieve program purposes. and/or organizations providing housing (b) Project Management and HUD will award up to 10 points based including their roles and Oversight. You must describe your on the extent to which resources from responsibilities; (C) the connection of method for coordinating the project other public or private sources have any emergency or transitional housing sponsors’ services whether for housing been committed at the time of in obtaining and maintaining permanent or related supportive services with your application, to support your project. To housing; (D) any appropriate site staff and volunteers, and any other achieve the highest ratings for this features, including accessibility, organizations in order to benefit the factor, you must evidence commitments visitability, and access to other clients; identify staff members who are of leveraged resources that match or community amenities; (E) ensuring responsible for described housing and exceed the amount of HOPWA funds clients and their families to access supportive service tasks; and the ability that are requested. health care and other supportive of your operations to be self-sustaining In establishing leveraging, HUD will services; (F) demonstrating how tenants’ beyond the life of this grant. not consider other HOPWA-funded rights will be observed and addressed (c) Descriptive Budget. HUD will rate activities, entitlement benefits inuring by providing safe, decent, and your budget in describing (i) how each to eligible persons, or conditioned affordable housing through such amount of requested funding for you commitments that depend on future activities as, the delivery of and your project sponsors will be used; fund-raising or actions. In assessing the maintenance services, security services, (ii) how each line item will relate to use of acceptable leveraged resources, and consistency with local and national eligible HOPWA activities as defined in HUD will consider the likelihood that fair housing laws; (G) demonstrating Section III(C), of this program section of State and local resources will be clients participation in decision making the SuperNOFA; and (iii) how specific available and continue during the in project operation and management. line items match with the goals and operating period of your grant. In (ii) Supportive Services. You must objectives in your project. evaluating this factor HUD will also describe how the supportive service (d) Evaluation. Evaluation is defined consider: needs of clients will be addressed from as your method for collecting data on (1) The extent to which you document HOPWA or other sources by including: HUD program goals related to housing leveraged resources, such as funding (A) the type of supportive services that and related supportive services, as well and/or in-kind services from will be offered and/or how services will as, your project’s unique goals and governmental entities, private be accessed and coordinated; (B) the objectives. HUD will assess your organizations, resident management names of the organizations providing method for reviewing this data and organizations, educational institutions, the supportive services; (C) the other information on the program’s or other entities to achieve the purposes

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00552 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9873 of the project for which you are licensed independent real estate Rating Factor 5: Comprehensiveness requesting HOPWA funds. appraiser made this assessment which is and Coordination (10 Points) (2) The extent to which the based on comparable properties in the Please address the following factor on documented resources evidence that area. (Signature of applicants authorized not more than five (5) double-spaced, you have partnered with other entities representative and date) Ownership of a typed pages. This factor addresses the to make more effective use of available building or portion of a building to be extent to which the you coordinated the public or private resources. Partnership used in the project may be counted as specific proposal with other known arrangements may include funding or leveraging. The fair market value of the organizations, consulted prospective in-kind services from local governments building or portion of the building being clients or persons with HIV/AIDS in or government agencies, nonprofit or contributed may be counted. Do not designing your proposal, participates or for-profit entities, private organizations, send an appraisal to HUD, but keep promotes participation in the educational institutions, or other documentation of fair market value on jurisdiction’s Consolidated Planning entities that are willing to partner with you on proposed activities, or file. The contribution of land (as a process, and in a community’s partnering with other program funding leveraged resource for new Continuum of Care Homeless Assistance recipients to make more effective use of construction) should be treated the same planning process (if homeless persons resources within the geographic area as contribution of a building. You will are to be served by proposed activities), covered by your award. need to keep documentation of the fair and is working towards addressing a To receive highest leveraging points, market value on file, particularly if it is need in a holistic and comprehensive you must document the cash value of improved land and you wish to include manner through linkages with other leveraged resources pledged to your the value of the improvements in the activities in the community. HUD will project(s). Appropriate language is contribution. award up to 10 points based on your proposal’s comprehensiveness and described below: (v) Contribution of a Building to be (i) Applicant or Third Party Cash coordination. In order to ensure that Acquired with HOPWA Funds. If this resources are used to their maximum Resources. If this proposal is funded, proposal is funded, (applicant name) (applicant name or third party name) effect within the community, it is commits the building at (site address) commits $(amount) (of its own funds, if important that you be involved in for the HOPWA program. The building applicant, or to applicant name, if third HUD’s planning processes for party) for (type of activity) to be made has a fair market value of $(amount). A community development and homeless available to the HOPWA program. These licensed independent real estate assistance resources. If you, your funds will be available from (date) to appraiser made this assessment which is sponsors, or others partnering with you (date). (Signature and Title of based on comparable properties in the have been involved in these processes, authorized representative and date). area. The HOPWA request for the you should describe that involvement (ii) Non-Cash Resources. If this building is $(amount). Therefore, the under this factor. proposal is funded, (organization’s contribution is the difference between HUD will consider the extent to name) commits to make available (type the fair market value and the HOPWA which your activities were planned with of resource) valued at $(amount) to the request, or $(amount). (Signature of community involvement in a larger HOPWA program proposed by applicants authorized representative community or regional plans which (applicant name). These resources will and date) The difference between the links the provision of health care, be made available to the HOPWA documented fair market value and the supportive services, and housing. Also, program from (date) to (date). (Signature portion paid for with HOPWA funds how planned activities are proposed to and Title of authorized representative may be counted as leveraging. Maintain be carried out with HOPWA funds and and date) The donation of a third party documentation of fair rental value on other resources in order to provide a professional service should be valued at file. comprehensive and responsive range of the professional’s customary charge. (vi) Contribution of Leasehold housing and related supportive services The value of materials to be contributed Interest. If this proposal is funded, to meet the changing needs of persons with HIV/AIDS. Your proposal should to the project by a third party or by the (applicant name) commits the leasehold demonstrate that housing is provided in applicant may also be counted as interest at (site address) for the HOPWA leveraging. conjunction with the client’s access to program. The fair rental value of this (iii) Volunteer Time. If this proposal health-care and other supportive site is $(amount) annually, and at is funded, (name of the organization or services in the area to be served, constant value will amount to of self), commits to provide (number of including assistance provided under the hours) of volunteer time from (date) to $(amount) over (term of the lease, up to Ryan White CARE Act programs. (date) to provide (type of activity) to the three years). An appropriate In evaluating this factor, HUD will HOPWA program proposed by independent third party made this consider the extent to which you (applicant name). The total value of assessment which is based on demonstrate you have: these services, based on $10.00 per comparable properties in the area. The (1) Coordinated your proposed hour, is $(amount). (Signature and Title, total leasing cost over the term of the activities with those of other groups or and date) Time to be contributed to the lease to be paid with HOPWA funds is organizations prior to submission, to project by volunteers should be valued $(amount). Therefore, the contribution best complement, support, and at $10.00 per hour. In the case of is the difference between the HOPWA coordinate all known activities; and if individuals volunteering their time leasing cost and the fair rental value, or funded, the specific steps you will take directly to the applicant, the applicant $(amount). (Signature of applicants to share information on solutions and should list itself as the organization. authorized representative and date) The outcomes with others. You should (iv) Contribution of a Building. If this difference between the fair rental value describe any written agreements, proposal is funded, (applicant name) (for a term up to three years) and the memoranda of understanding in place, pledges the building at (site address) to cost of the lease to be paid for with or that will be in place after award. the HOPWA program. The building has HOPWA funds may be counted as (2) Been actively involved in your a fair market value of $(amount). A leveraging. community’s Continuum of Care

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00553 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9874 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Homeless Assistance planning process HUD reserves the right to achieve Item 5—Add e-mail address of the (if homeless persons are to be served by greater diversity in the selection of contact person; proposed activities), and/or the applications by selecting the highest Item 7—The applicable letters are ‘‘A’’ jurisdiction’s Consolidated Planning rated application in a State where no for State; ‘‘B, C, or D’’ for a unit of local process established to identify and applicant has been the recipient of any government; or ‘‘N’’ for Nonprofit; address a need/problem that is related prior HOPWA competitive grant or Item 9—Enter U.S. Department of to the activities you propose to formula allocation over a higher rated Housing and Urban Development or undertake. application in a State that has received HUD if not preprinted In the case of technical assistance prior HOPWA funding. In selecting a Item 10—Enter 14–21 and the title providers, you will be evaluated on the lower rated application, HUD will not ‘‘Housing Opportunities for Persons specific steps you will take to work with select an application that is rated below with AIDS Program’’ or ‘‘HOPWA’’ for recipients of technical assistance 50 points. the Catalogue of Federal Domestic services to inform them of, and get them In the event of a tie between Assistance; involved in, the community’s applications in a category of assistance, Item 15—You must complete the Continuum of Care Homeless Assistance HUD reserves the right to break the tie: budget on SF–424 and the HOPWA planning process and/or the by selecting the proposal that increases Project Budget Form. Please make sure jurisdiction’s Consolidated Planning geographic diversity as defined in the that both the total budget on the SF–424 process, as applicable. HUD will review prior paragraph; and, if greater and the ‘‘Total Budget’’ section on the more favorably your application if you geographic diversity is not achievable, HOPWA Project Budget Form are the can demonstrate you are active or are by selecting the proposal that was same. In the event that the total budgets working with recipients of technical scored higher on a rating criterion in the are in conflict, HUD will refer to the assistance to get them involved in local following order: Soundness of HOPWA Project Budget form. and State planning processes. Approach: Responsiveness and Model Item 16—Check ‘‘No’’. (B) Summary. Please provide on no (3) Developed linkages, or specific Qualities (Rating Factor 3); more than two double-spaced, typed steps you will take to develop linkages Comprehensiveness and Coordination pages an abstract of your proposed with other activities, programs or (Rating Factor 5); the Capacity of the project. HUD will use this as a summary projects through meetings, information Applicant and Relevant Organizational if your project is chosen for funding. In networks, planning processes, or other Experience (Rating Factor 1); the Need/ your abstract, include your mechanisms, to coordinate your Extent of the Problem (Rating Factor 2); organization’s name and the name of activities so solutions are holistic and and Leveraging Resources (Rating Factor 4). any project sponsor; comprehensive, including linkages HUD will notify you in writing if you (C) Narrative Statements. Your with: are conditionally selected. You may be application must include narrative (a) Other HUD-funded projects/ notified subsequently of any statements that address each of the activities outside the scope of those modification made by HUD, the Factors for Award found at Section V(D) covered by the Consolidated Plan; and additional project information necessary of this program section of the (b) Other activities funded by the for grant award, and the date of deadline SuperNOFA. Respond to each factor Federal, State, or local government, for submission of the required within the stated page limits and do not including those proposed or on-going in information. In the event that a use a font size smaller than 12 point. the community. conditionally-selected applicant is (D) Proposed HOPWA Project (E) Selection of HOPWA Awards. unable to meet any conditions for fund Information Form. See Appendix C in Whether your HOPWA application is award within the specified, HUD program section of SuperNOFA. conditionally selected will depend on reserves the right not to award funds to Complete the form including the your overall ranking compared to other the applicant, but use those funds to following: applications within each of the two make awards to the next highest rated (1) Project Sponsors. You must categories of assistance. HUD will select applications in this competition; to identify any organization that will applications in rank order in each restore amounts to a funding request receive HOPWA funds as a project category of assistance to the extent that that had been reduced in this sponsor and the amount of funds to be funds are available, except as noted competition; or to add amounts to funds received. below. In allocating amounts to the available for the next competition. (2) Non-profit Status. Non-profit categories of assistance, HUD reserves grantees or project sponsors must the right to ensure that sufficient funds VI. Application Submission submit documentation verifying your are available for the selection of at least Requirements non-profit status, as outlined under one application with the highest ranking Your HOPWA application must Section III, Eligible Applicants and under each category of assistance. In contain the following items in the order Project Sponsors, in this program selecting projects that target resources to shown below. The standard forms can section of the SuperNOFA. underserved populations as outlined in be found in Appendix B to the General (3) Service Areas. Your application Section III(D) in this program section of Section of the SuperNOFA. The must identify the area(s) in which you the SuperNOFA, HUD will ensure that remaining application items that are are proposing to offer housing and other up to (40) percent of the funds awarded forms (i.e., excluding such items as assistance. for Special Projects of National narratives, letters), referred to as the (E) Budget. In addition to the budget Significance (SPNS) grants are awarded ‘‘non-standard forms’’ can be found as narrative described under Section IV of to applications with collaborations to Appendix C to this program section of this program section of the SuperNOFA serve underserved populations. If there the SuperNOFA: The items are as (see Section IV(C), Program is an insufficient request by applicants follows: Requirements, and Paragraph (2)(c) of for funds targeting underserved (A) Application for Federal Assistance Rating Factor 3, Soundness of populations, HUD will use remaining (Form SF–424). You should complete Approach), you must complete the funds for the next highest ranked SPNS Items 1 through 18 with the following HOPWA Project Budget Form found in Applications in rank order. additions: Appendix C of this program section of

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00554 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9875 the SuperNOFA which lists the amount submitted as directed in the General environmental responsibilities for of requested HOPWA funds designated Section of the SuperNOFA. projects being funded through FY 2000 for each type of HOPWA-eligible (5) HUD–2880, Applicant/Recipient HOPWA funds. Upon authorization, activity. Disclosure Update Report. This must be successful applicants will be notified of (F) Statutory Certifications. HOPWA signed by you the applicant. their environmental responsibilities. applicants are not required to provide After your entire application is (B) Local Resident Employment the forms, certifications, and assurances assembled, please mark each exhibit (Section 3 Requirements). For grants in listed in the General Section of the with an appropriately numbered tab and excess of $200,000, to the extent that SuperNOFA unless stated below. number every page of the application any housing assistance funded through Additionally, the requirement to sequentially. Complete the HOPWA this program section of the SuperNOFA Affirmatively Further Fair Housing does Application Checklist found in is used for housing rehabilitation not apply to the HOPWA program. The Appendix C to this program section of (including reduction and abatement of following certifications are required by the SuperNOFA. Attach the HOPWA lead-based paint hazards, but excluding law for funding and should be included Application Checklist to the front of routine maintenance, repair, and with your application. All certifications your application. replacement) or housing construction, and forms, except those found in the VII. Corrections to Deficient then it is subject to section 3 of the General Section of the SuperNOFA, are Applications Housing and Urban Rehabilitation Act included in the appendixes to the The General Section of the of 1968, and the implementing program section of this SuperNOFA. regulations at 24 CFR part 135. Section (1) Consolidated Plan Certification. SuperNOFA provides the procedures for corrections to deficient applications. 3 requires that economic opportunities Except as stated below, you must generated by certain HUD financial include a Consolidated Plan (hereafter VIII. Other Requirements assistance for housing and community called the plan) certification from the (A) Environmental Requirements. All development programs shall, to the applicable State or local government HOPWA assistance is subject to the greatest extent feasible, be given to low- official responsible for submitting the National Environmental Policy Act of and very low-income persons, appropriate plan. If your project will be 1969, applicable related Federal particularly those who are recipients of carried out on a national basis or will environmental authorities, and the government assistance for housing, and be located on a reservation of an Indian environmental review requirements of to businesses that provide economic tribe, Guam, the Virgin Islands, 24 CFR 574.510. HUD’s conditional opportunities for these persons. American Samoa, or the Northern selection of an application does not (C) Lead-Based Paint Requirement. Mariana Islands you are not required to constitute approval of a proposed site. The lead-based paint requirements include a Consolidated Plan HOPWA recipients or project sponsors described in Subpart M (Tenant-Based certification with your application. This may not commit or expend any grant or Rental Assistance) at 24 CFR 35.1200– certification must be signed by the nonfederal funds on project activities 1225 of HUD’s new regulation on Lead- authorizing official from the State or (other than activities excluded under Based Paint Hazards in Federally local government. (See Appendix C to § 50.19(b)) until HUD has completed the Owned Housing and Housing Receiving this program section of the environmental review under part 50. Federal Assistance, published at 64 FR SuperNOFA.) The HOPWA recipients or project 50217, do not apply to this Notice of (2) Certifications. The following sponsors may not acquire, rehabilitate, Funding Availability. A technical certifications are required as stated in convert, lease, repair, or construct correction establishing the effective date Section II(G) of the General Section of property or commit or expend any grant of this subpart as September 15, 2000, the SuperNOFA: HUD–50070, or nonfederal funds for these program was published in the Federal Register Certification of Drug-Free Workplace; activities until HUD provides written on January 21, 2000 (65 FR 3386). and SF–LLL, Disclosure of Lobbying notice to the recipient that HUD has The grantee and program sponsor Activities (if applicable). completed the environmental review. must comply with the existing (3) HOPWA Applicant Certifications. The expenditure of commitment of requirements of the Lead-Based Paint The required HOPWA certifications HOPWA or nonfederal funds for these Poisoning Prevention Act (42 U.S.C. cover the following items: (i) fair activities prior to the completion of the 4821–4846) and implementing housing and non-discrimination; (ii) HUD environmental review may result regulations at 24 CFR part 35, as uniform relocation assistance; (iii) in the denial of assistance for the project applicable. environmental law and authorities; (iv) under consideration. continued use periods for structures In the event that Congress authorizes IX. Authority assisted; and (v) debarred, suspended the Department to delegate and ineligible principals requirements. environmental responsibility pursuant This program is authorized under the (See Appendix C to this program section to 24 CFR part 58, responsible entities AIDS Housing Opportunity Act (42 of the SuperNOFA.) (including units of general local U.S.C. 12901). The regulations for (4) Certification of Consistency with government, States, Indian tribes, and HOPWA are found at 24 CFR part 574. EZ/EC Strategic Plan. This may be Alaska native villages) will assume the BILLING CODE 4210±32±P

VerDate 162000 04:45 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00555 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm01 PsN: 24FEN3 9876 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00556 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9877

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00557 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9878 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00558 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9879

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00559 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9880 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00560 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9881

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00561 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9882 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00562 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9883

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00563 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9884 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00564 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9885

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00565 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9886 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00566 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9887

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00567 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9888 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00568 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9889

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00569 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9890 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00570 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9891

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00571 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9892 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00572 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9893

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00573 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9894 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00574 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9895

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00575 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9896 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00576 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9897

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00577 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9898 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00578 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9899

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00579 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00580 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9901

FUNDING AVAILABILITY FOR telephone numbers, including TTY the date and time of the broadcast, you SECTION 202 SUPPORTIVE HOUSING numbers. This information is also should consult the HUD web site at FOR THE ELDERLY PROGRAM available from HUD’s SuperNOFA http://www.hud.gov. (SECTION 202 PROGRAM) Information Center at 1–800-HUD–8929 II. Amount Allocated Program Overview and from the Internet through the HUD web site at http://www.hud.gov. For FY 2000, $426,258,926 is Purpose of the Program. This program Persons with hearing or speech available for capital advances for the provides supportive housing for very impairments may call the Center’s TTY supportive housing for the elderly low-income persons 62 years of age or number at 1–800-HUD–2209. program. The FY 2000 HUD older. For Application Kits. For an Appropriations Act (HUD Available Funds. Approximately $426 application kit and any supplemental Appropriations Act) provides million. materials, please call HUD’s $610,000,000 for capital advances, Eligible Applicants. Private nonprofit SuperNOFA Information Center at 1– including amendments to capital organizations and nonprofit consumer 800–HUD–8929. Persons with hearing advance contracts, for supportive cooperatives. or speech impairments may call the housing for the elderly as authorized by Application Deadline. May 18, 2000. Center’s TTY number at 1–800-HUD– section 202 of the Housing Act of 1959, Match Requirements. No. 2209. When requesting an application and for project rental assistance, and amendments to contracts for project Additional Information kit, please refer to the Section 202 Program and provide your name, rental assistance, for supportive housing If you are interested in applying for address (including zip code), and for the elderly under section 202(c)(2) of funding under this program, please telephone number (including area code). the Housing Act of 1959. review carefully the General Section of The application kit also will be In accordance with the waiver this SuperNOFA and the following available on the Internet through the authority provided in the HUD additional information. HUD web site at http://www.hud.gov Appropriations Act, the Secretary is waiving the following statutory and I. Application Due Date, Application and from the appropriate Multifamily regulatory provision: the term of the Kits, Further Information, and Hub or Multifamily Program Center. project rental assistance contract is Technical Assistance For Further Information and Technical Assistance. You may contact reduced from 20 years to 5 years. HUD Application Due Date. Submit your the appropriate Multifamily Hub Office anticipates that at the end of the completed applications on or before or Multifamily Program Center, Aretha contract terms, renewals will be 6:00 pm, local time, on May 18, 2000, Williams at HUD Headquarters at (202) approved subject to the availability of at the address shown below. 708–2866, or access the Internet at http:/ funds. In addition to this provision, See the General Section of this /www.hud.gov. HUD will reserve project rental SuperNOFA for specific procedures HUD encourages minority assistance contract funds based on 75 governing the form of application organizations to participate in this percent rather than on 100 percent of submission (e.g., mailed applications, program and strongly recommends that the current operating cost standards for express mail, overnight delivery, or prospective applicants attend the local approved units in order to take into hand carried). HUD Office workshop. At the account the average tenant contribution Address for Submitting Applications. workshops, HUD will explain toward rent. Submit your completed application (an application procedures and The allocation formula used for original and four copies) to the Director requirements as well as address Section 202 reflects the ‘‘relevant of the appropriate Multifamily Hub concerns such as local market characteristics of prospective program Office or Multifamily Program Center as conditions, building codes and participants,’’ as specified in 24 CFR listed in Appendix A to the Section 811 accessibility requirements, historic 791.402(a). The FY 2000 formula program section of this SuperNOFA preservation, floodplain management, consists of one data element: a measure with the following exceptions: displacement and relocation, zoning, of the number of one and two person 1. Applications for projects proposed and housing costs. If you are interested renter households with incomes at or to be located within the jurisdiction of in attending the workshop, make sure below HUD’s Very-low Income Limit the Seattle, Washington and the that your name, address and telephone (50 percent of area median family Anchorage, Alaska Offices must be number are on the appropriate HUD income, as determined by HUD, with an submitted to the Portland, Oregon Office’s mailing list so that you will be adjustment for household size), which Office. informed of the date, time and place of have housing deficiencies. The counts 2. Applications for projects proposed the workshop. Persons with disabilities of elderly renter households with to be located within the jurisdiction of should call the appropriate HUD Office housing deficiencies were taken from a the Sacramento, California Office must to ensure that any necessary special tabulation of the 1990 Decennial be submitted to the San Francisco, arrangements can be made to enable Census. The formula focuses the California Office. your attendance and participation in the allocation on targeting the funds based 3. Applications for projects proposed workshop. on the unmet needs of elderly renter to be located within the jurisdiction of If you cannot attend the workshop, households with housing problems. the Cincinnati, Ohio Office must be call the appropriate HUD Office if you Under Section 202, 85 percent of the submitted to the Columbus, Ohio Office. have any questions concerning the total capital advance amount is 4. Applications for projects proposed submission of applications to that allocated to metropolitan areas and 15 to be located within the jurisdiction of particular office and to request any percent to nonmetropolitan areas. In the Washington, DC Office must be materials distributed at the workshop. addition, each HUD Office jurisdiction submitted to the Baltimore, Maryland Satellite Broadcast. HUD will hold an receives sufficient capital advance funds Office. information broadcast via satellite for for a minimum of 20 units in The application kit also includes a potential applicants to learn more about metropolitan areas and 5 units in listing of the Multifamily Hubs and the program and preparation of the nonmetropolitan areas. The total Program Centers, their addresses and application. For more information about amount of capital advance funds to

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00581 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9902 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices support these minimum set-asides are definitions of metropolitan and among the HUD Office jurisdictions. subtracted from the respective nonmetropolitan areas, as defined by The adjusted needs percentage for the (metropolitan or nonmetropolitan) total the Office of Management and Budget. applicable metropolitan or capital advance amounts available. The A fair share factor is developed for nonmetropolitan portion of each remainder is fair shared to each HUD each metropolitan and nonmetropolitan jurisdiction is then multiplied by the Office jurisdiction whose fair share portion of each local HUD Office respective total remaining capital exceeds the minimum set-aside based jurisdiction by dividing the number of advance funds available nationwide. on the allocation formula fair share renter households for the jurisdiction by factors described below. NOTE: The the total number of rental households in Based on the allocation formula, HUD allocations for metropolitan and the United States. The resulting has allocated the available capital nonmetropolitan portions of the percentage for each local HUD Office advance funds as shown on the Multifamily Hub or Program Center jurisdiction is then adjusted to reflect following chart: jurisdictions reflect the most current the relative cost of providing housing BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00582 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9903

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00583 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9904 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00584 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9905

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00585 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9906 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00586 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9907

III. Program Description; Eligible serving the frail elderly, eligible costs (b) These cost limits reflect those Applicants; Eligible Activities include the salary of a service costs reasonable and necessary to (A) Program Description. HUD coordinator. develop a project of modest design that provides capital advances and contracts (D) Ineligible Activities. Section 202 complies with HUD minimum property for project rental assistance in funds may not be used for nursing standards; the accessibility accordance with 24 CFR part 891. homes, infirmaries, medical facilities, requirements of § 891.120(b); and the Capital Advances may be used for the mobile home projects, community project design and cost standards of construction or rehabilitation of a centers, headquarters for organizations § 891.120 and § 891.210. structure, or acquisition of a structure for the elderly, nonhousekeeping (2) Increased development cost limits. from the Federal Deposit Insurance accommodations, or refinancing of (a) HUD may increase the Corporation (formerly held by the sponsor-owned facilities without development cost limits set forth in Resolution Trust Corporation) (FDIC/ rehabilitation. Section IV(C)(1) of this program section RTC). Capital Advance funds bear no IV. Program Requirements of the SuperNOFA, above, by up to 140 interest and are based on development percent in any geographic area where In addition to the program the cost levels require, and may increase cost limits published in this requirements listed in the General SuperNOFA. Repayment of the capital the development cost limits by up to Section of this SuperNOFA, as an 160 percent on a project-by-project advance is not required as long as the applicant, you must comply with the housing remains available for basis. This increase may include following requirements: covering additional costs to make occupancy by very low-income elderly (A) Statutory and Regulatory persons for at least 40 years. dwelling units accessible through Requirements. You must comply with rehabilitation. Project rental assistance contract all Section 202 Program statutory and (PRAC) funds are used to cover the (b) If HUD finds that high regulatory requirements, as listed in construction costs in Alaska, Guam, the difference between what the residents Sections III, IV and IX of this program pay for rent and the HUD-approved Virgin Islands, or Hawaii make it section of the SuperNOFA. infeasible to construct dwellings, expense to operate the project. Project (B) HUD/RHS Agreement. HUD and Rental Assistance Contract funds may without the sacrifice of sound standards the Rural Housing Service (RHS) have of construction, design, and livability, also be used to provide supportive an agreement to coordinate the services and to hire a service within the development cost limits administration of the agencies’ provided in Section IV(C)(1) of this coordinator in those projects serving the respective rental assistance programs. frail elderly residents. The supportive program section of the SuperNOFA, As a result, HUD is required to notify above, the amount of the capital services must be appropriate to the RHS of applications for housing category or categories of frail elderly advances may be increased to assistance it receives. This notification compensate for such costs. The increase residents to be served. gives RHS the opportunity to comment (B) Eligible Applicants. Private may not exceed the limits established if it has concerns about the demand for under this section (including any high nonprofit organizations and nonprofit additional assisted housing and possible consumer cooperatives are the only cost area adjustment) by more than 50 harm to existing projects in the same percent. eligible applicants under this Section housing market area. HUD will consider (D) Minimum Capital Investment. 202 Program. Neither a public body nor RHS’ comments in its review and Selected nonprofit organizations must an instrumentality of a public body is application selection process. provide a minimum capital investment eligible to participate in the program. (C) Development Cost Limits. (1) The of one-half of one percent of the HUD- A Sponsor or Co-sponsor may not following development cost limits, approved capital advance amount, not apply for more than 200 units of adjusted by locality as described in to exceed $10,000 in accordance with housing for the elderly in a single Hub Section IV(C)(2) of this program section § 891.145, with the following exception. or more than 10 percent of the total of the SuperNOFA, below, will be used If you, as Sponsor or Co-Sponsor, have units allocated to all HUD Offices. Also, to determine the capital advance one or more Section 202 or one or more no single application may propose more amount to be reserved for projects for Section 811 project(s) under reservation, than the number of units allocated to a the elderly: HUD office or 125 units, whichever is (a) The total development cost of the construction, or management in two or less. Reservations for projects will not property or project attributable to more different HUD geographical be approved for fewer than 5 units. dwelling use (less the incremental regions (Hubs), the minimum capital Affiliated entities that submit separate development cost and the capitalized investment shall be one half of one applications are considered to be a operating costs associated with any percent of the HUD-approved capital single entity for the purpose of these excess amenities and design features advance amount, not to exceed $25,000. limits. you must pay for) may not exceed: (E) Economic Opportunities for Low (C) Eligible Activities. Section 202 Nonelevator structures: and Very Low-Income Persons (Section capital advance funds must be used to $33,638 per family unit without a 3). You must comply with section 3 of finance the development of housing bedroom; the Housing and Urban Development through new construction, $38,785 per family unit with one Act of 1968, 12 U.S.C. 1701u (Economic rehabilitation, or acquisition of housing bedroom; Opportunities for Low and Very Low from the FDIC/Resolution Trust $46,775 per family unit with two Income Persons), and its implementing Corporation. Project Rental Assistance bedrooms; regulations at 24 CFR part 135. You funds are provided to cover the For elevator structures: must ensure that training, employment difference between the HUD-approved $35,400 per family unit without a and other economic opportunities shall, operating costs and the amount the bedroom; to the greatest extent feasible, be residents pay (each resident pays 30 $40,579 per family unit with one directed toward low-and very low- percent of adjusted income) as well as bedroom; income persons, particularly those who to provide supportive services to frail $49,344 per family unit with two are recipients of government assistance elderly residents. In projects principally bedrooms. for housing and to business concerns

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00587 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9908 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices which provide economic opportunities not reject your application based on units by no more than 10 percent, to low and very low income persons. technical review without notifying you rounded to the nearest whole number, of that rejection with all the reasons for provided the reduction will not render V. Application Selection Process rejection, and providing you an the project infeasible. For this purpose, (A) Review for Curable Deficiencies. opportunity to appeal. You will have 14 however, HUD will not reduce the HUD will screen all applications calendar days from the date of HUD’s number of units in projects of five units received by the deadline for curable written notice to appeal a technical or less. deficiencies. A curable deficiency is a rejection to the HUD office. If the Once this process has been missing Exhibit or portion of an Exhibit rejection is due to the nonsubmission of completed, HUD offices may combine that will not affect the rating of the the following exhibits because of the their unused metropolitan and application. The following is a list of the failure of a third party to provide nonmetropolitan funds in order to select deficiencies that will be considered information under the control of the the next ranked application in either curable in a Section 202 application: third party but outside your control category, using the unit reduction policy (e.g., by contract), and you were not described above, if necessary. Exhibits provided the opportunity to cure the After the offices have funded all (1) Form 92015–CA (Application deficiency during the curable deficiency possible projects based on the process Form)* period, you can submit the information above, combined metropolitan and (2) (a) Articles of Incorporation* required to cure the deficiency during nonmetropolitan residual funds from all (b) By-laws* the 14 calendar day appeal period: HUD Offices in each Multifamily Hub (c) IRS tax exemption ruling* (1) Exhibit 4(d)(iii), Evidence of will be combined. These funds will be (4) (c)(ii) Energy efficiency permissive zoning, and/or used first to restore units to projects (d)(i) Evidence of site control (2) Exhibit 7(g), Form-HUD 2991, reduced by HUD offices based on the (d)(ii) Evidence site is free of Certification of Consistency with the above instructions. Second, additional limitations, restrictions or reverters Consolidated Plan. applications within each Multifamily (d)(iii) Evidence of permissive zoning The information required to cure the Hub will be selected in rank order with (d)(vi) Phase I Environmental Site above identified deficiencies includes only one application selected per HUD Assessment the deficient Exhibit and documentation Office. More than one application may (d)(vii) Letter from State Historic showing that the information had been be selected per HUD Office if there are Preservation Officer (SHPO) requested from the third party at least no approvable applications in other (5) Applications submitted to other 45 days prior to the application HUD Offices within the Multifamily Offices deadline date. Hub. This process will continue until (6) Relocation The HUD office will make a there are no more approvable (7) (a) Standard Form 424, Application determination on an appeal before applications within the Multifamily for Federal Assistance* making its selection recommendations. Hub that can be selected with the (b) HUD–50070, Certification of a All applications will be either rated or remaining funds without skipping over Drug-free Workplace technically rejected at the end of any application. HUD may use any (c) Form—HUD 50071, Certification of technical review. If your application remaining residual funds, however, to Payments to Influence Federal meets all program eligibility select the next rank-ordered application Transactions and Standard Form- requirements after completion of by reducing the number of units by no LLL, Disclosure of Lobbying technical review, it will be rated more than 10 percent rounded to the Activities according to the rating factors in Section nearest whole number, provided the (d) Form—HUD 2880, Applicant/ V(D) of this Section 202 Program section reduction will not render the project Recipient Disclosure/Update Report of the SuperNOFA. infeasible or result in the project being (e) Form—HUD 2992, Certification (C) Ranking and Selection Procedures. less than five units. Regarding Debarment and Applications submitted in response to Funds remaining after these processes Suspension the advertised metropolitan allocations are completed will be returned to (f) Executive Order 12372 or nonmetropolitan allocations that Headquarters. HUD will use these funds Certification have a total base score (without the to restore units to projects reduced by (g) Form—HUD 2991, Certification of addition of EC/EZ bonus points) of 60 HUD offices as a result of the Consistency with Consolidated Plan points or more and meet all of the instructions for using their residual (h) Conflict of Interest Resolution applicable threshold requirements of funds. Second, HUD will use these (i) Resolution for Commitment to Section II(B) of the General Section of funds for selecting applications based Project* the SuperNOFA will be eligible for on field offices’ rankings beginning with (k) Combined Certifications selection, and HUD will place them in the highest rated application The HUD Office will notify you in rank order per metropolitan or nationwide. Only one application will writing if your application is missing nonmetropolitan allocation. These be selected per HUD office from the any of the exhibits or portions of applications, after adding any bonus national residual amount. If there are no exhibits and you will be given 14 days points for EC/EZ, will be selected based approvable applications in other HUD from the date of the HUD notification to on rank order, up to and including the offices, the process will begin with the submit the information required to cure last application that can be funded out selection of the next highest rated the noted deficiencies. The items of each HUD office’s metropolitan or application nationwide. This process identified by an asterisk (*) must be nonmetropolitan allocation. HUD offices will continue until all approvable dated on or before the application must not skip over any applications in applications are selected using the deadline date. order to select one based on the funds available remaining funds. (B) Rating. HUD will review and rate remaining. After making the initial (D) Factors For Award Used To your application in accordance with the selections in each allocation area, Evaluate and Rate Applications. HUD Application Selection Process in the however, HUD may use any residual will rate applications that successfully General Section of this SuperNOFA funds to select the next rank-ordered complete technical processing using the with the following exception. HUD will application by reducing the number of Rating Factors set forth below and in

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00588 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9909 accordance with the application the HUD Office. In making this standards at 24 CFR 891.125(b) and (c) submission requirements identified in determination, HUD will consider your by examining relevant data in your Section VI(B) below. The maximum evidence of need in the area, as well as application or in the HUD Office. Where number of points an application may other economic, demographic, and appropriate, HUD may visit the site. receive under this program is 102. This housing market data available to the (i) The site will be deemed acceptable includes two EZ/EC bonus points, as HUD office. The data could include if it increases housing choice and described in the General Section of the information on the number of existing opportunity by: SuperNOFA. Federally assisted housing units (HUD —Expanding housing opportunities in and RHS) for the elderly in the area and Rating Factor 1: Capacity of the non-minority neighborhoods (if current occupancy in such facilities; Applicant and Relevant Organizational located in such a neighborhood); or Federally assisted housing for the Staff (25 Points) —Contributing to the revitalization of elderly under construction or for which and reinvestment in minority This factor addresses the extent to fund reservations have been issued; and neighborhoods, including which you have the organizational in accordance with an agreement improvement of the level, quality and resources to successfully implement the between HUD and the RHS, comments affordability of services furnished to proposed activities in a timely manner. from the RHS on the demand for minority elderly. You should refer to Submit information responding to this additional assisted housing and the the Site and Neighborhood Standards factor in accordance with Application possible harm to existing projects in the provisions of the regulations Submission Requirements in paragraphs same housing market area. The governing the Section 202 Supportive (B)(2), (B)(3)(a), (B)(3)(b), and (B)(3)(e) of Department will also review more Housing for the Elderly program (24 Section VI of this program section of the favorably those applications which CFR 891.125(b) and (c)) when SuperNOFA. establish a connection between the considering sites for your project. In rating this factor, HUD will proposed project and the community’s (ii) For the purpose of this consider the extent to which your Analysis of Impediments to Fair competition, the term ‘‘minority application demonstrates your ability to Housing Choice (AI) or other planning neighborhood (area of minority develop and operate the proposed document that analyzes fair housing concentration)’’ is defined as one where housing on a long-term basis, issues and is prepared by a local considering the following: planning or similar organization. You any one of the following statistical (a) (15 points) The scope, extent, and must show how your proposed project conditions exists: quality of your experience in providing will address an impediment to fair —The percentage of persons of a housing or related services to those housing choice described in the AI or particular racial or ethnic minority is proposed to be served by the project and meet a need identified in the other type at least 20 points higher than the the scope of the proposed project (i.e., of planning document. minority’s or combination of number of units, services, relocation minorities’ percentage in the housing costs, development, and operation) in Rating Factor 3: Soundness of market as a whole; or, relationship to your demonstrated Approach (40 Points) —The neighborhood’s total percentage development and management capacity This factor addresses the quality and of minority persons is at least 20 as well as your financial management effectiveness of your proposal. There points higher than the total capability; and must be a clear relationship between percentage of minorities for the (b) (10 points) The scope, extent, and your proposed activities, the housing market as a whole; or, quality of your experience in providing community’s needs and purposes of the —The neighborhood’s total percentage housing or related services to minority program funding for your application to of minorities exceeds 50 percent of persons or families as well as your ties receive points for this factor. Submit the population. The term to the community at large and to the information responding to this factor in ‘‘nonminority area’’ is defined as one minority and elderly communities in accordance with Application in which the minority population is particular. For purposes of this program Submission Requirements in paragraphs lower than 10 percent. section of the SuperNOFA, ‘‘minority’’ (B)(4)(c), (B)(4)(d) and (B)(4)(e) of (c) (3 points) The extent to which means the basic racial and ethnic Section VI of this program section of the your proposed design will meet the categories for Federal statistics and SuperNOFA. In evaluating this factor, special physical needs of elderly administrative reporting, as defined in HUD will consider the following: persons; OMB’s Statistical and Policy Directive (a) (15 points) The proximity or (d) (3 points) The extent to which the No. 15. (See 62 FR 58782, October 30, accessibility of the site to shopping, proposed size and unit mix of the 1997.). medical facilities, transportation, places housing will enable you to manage and of worship, recreational facilities, places operate the housing efficiently and Rating Factor 2: Need/Extent of the of employment, and other necessary ensure that the provision of supportive Problem (15 Points) services to the intended occupants; services will be accomplished in an This factor addresses the extent to adequacy of utilities and streets; economical fashion; which there is a need for funding the freedom of the site from adverse (e) (3 points) The extent to which the proposed activities to address a environmental conditions; compliance proposed design of the housing will documented problem in the target area. with site and neighborhood standards accommodate the provision of Submit information responding to this (24 CFR 891.125(a), (d) and (e)); supportive services that are expected to factor in accordance with Application (b) (10 points) The suitability of the be needed, initially and over the useful Submission Requirements in paragraphs site from the standpoints of promoting life of the housing, by the category or (B)(4)(a) and (B)(4)(b) of Section VI of a greater choice of housing categories of elderly persons the this program section of the SuperNOFA. opportunities for minority elderly housing is intended to serve; In evaluating this factor, HUD will persons/families, and affirmatively (f) (3 points) The extent to which the consider: furthering fair housing. In reviewing proposed supportive services meet the The extent of the need for the project this criterion, HUD will assess whether identified needs of the anticipated in the area based on a determination by the site meets the site and neighborhood residents; and

VerDate 162000 06:00 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00589 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9910 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(g) (3 points) The extent to which you with other activities, programs or can be found in Appendix B to the demonstrate that the identified projects related to the proposed project General Section of the SuperNOFA. The supportive services will be provided on to coordinate your activities so solutions remaining application items that are a consistent, long-term basis. are holistic and comprehensive; and forms (i.e., excluding such items as narratives), referred to as the ‘‘non- Rating Factor 4: Leveraging Resources Bonus Points standard forms’’ can be found as (10 Points) (2 bonus points) Location of proposed Appendix B to this program section of This factor addresses your ability to site in an EZ/EC area, as described in the SuperNOFA. The items are as secure other community resources the General Section of this SuperNOFA. follows: which can be combined with HUD’s Submit the information responding to (1) Form HUD–92015-CA, Application program resources to achieve program the bonus points in accordance with the for Section 202 Supportive Housing purposes. Submit information Application Submission Requirements Capital Advance. responding to this factor in accordance in paragraph (B)(7)(j) of Section VI of (2) Evidence of your and each Co- with Application Submission this program section of the SuperNOFA. Sponsor’s legal status as a private Requirements in paragraphs (B)(3)(c) VI. Application Submission nonprofit organization or nonprofit and (B)(3)(d) of Section VI of this Requirements consumer cooperative, including the program section of the SuperNOFA. following: (A) Application. Your application (a) (5 points) The extent of local (2)(a) Articles of Incorporation, must include all of the information, government support (including financial constitution, or other organizational materials, forms, and exhibits listed in assistance, donation of land, provision documents; Section VI(B) of this program section of of services, etc.) for the project; and (2)(b) By-laws; the SuperNOFA (unless you were (b) (5 points) The extent of your (2)(c) IRS tax exemption ruling (this selected for a Section 202 fund activities in the community, including must be submitted by you and each Co- reservation within the last three funding previous experience in serving the area Sponsor, including churches). A cycles). If you qualify for this exception, where the project is to be located, and consumer cooperative that is tax exempt you are not required to submit the your demonstrated ability to enlist under State law, has never been liable volunteers and raise local funds. information described in Sections VI(B)(2)(a), (b), and (c) of this program for payment of Federal income taxes, Rating Factor 5: Comprehensiveness section of the SuperNOFA (Exhibits 2.a., and does not pay patronage dividends and Coordination (10 Points) b., and c. of the application kit), which may be exempt from the requirement set out in the previous sentence if it is not This factor addresses the extent to are the articles of incorporation, (or eligible for tax exemption. which you coordinated your activities other organizational documents), by- with other known organizations, laws, and the IRS tax exemption, Note: If you received a Section 202 fund respectively. If there has been a change reservation within the last threefunding participate or promote participation in cycles, you are not required to submit the the community’s Consolidated Planning in any of these documents since your documents described in paragraphs (2)(a), process, and are working toward previous HUD approval, you must (2)(b), and (2)(c), above. Instead, you must addressing a need in a holistic and submit the updated information in your submit the project number of the latest comprehensive manner through application. HUD offices will verify application selected and the HUD office to linkages with other activities in the your indication of previous HUD which it was submitted. If there have been community. Submit information approval by checking the project any modifications or additions to the subject responding to this factor in accordance number and approval status with the documents, indicate such, and submit the with Application Submission appropriate HUD Office based on the new material. Requirements in paragraphs (B)(3)(f), information submitted in response to (3) A description of your purpose, (B)(3)(g), (B)(3)(h) and (B)(3)(i) of Section VI(B)(2) below. community ties, and experience, Section VI of this program section of the In addition to this relief of paperwork including the following: SuperNOFA. burden in preparing applications, you (3)(a) A description of your purpose, (a) (4 points) Your involvement of will be able to submit information and current activities and how long you elderly persons, particularly minority exhibits you have previously prepared have been in existence; elderly persons, in the development of for prior applications under Section (3)(b) A description of your ties to the the application, and your intent to 202, Section 811, or other funding community at large and to the minority involve elderly persons, particularly programs. Examples of exhibits that may and elderly communities in particular; minority elderly persons, in the be readily adapted or amended to (3)(c) A description of local development and operation of the decrease the burden of application government support for the project project; preparation include, among others, (including financial assistance, donation (b) (2 points) The extent to which you those on previous participation in the of land, provision of services, etc.); coordinated your application with other Section 202 or Section 811 Programs, (3)(d) Letters of support for your organizations to complement and/or your experience in provision of housing organization and for the proposed support the proposed project; and services, supportive services plan, project from organizations familiar with (c) (2 points) The extent to which you community ties, and experience serving the housing and supportive services demonstrated that you have been minorities. needs of the elderly that you expect to actively involved, or if not currently (B) General Application serve in the proposed project; active, the steps you will take to become Requirements. Your application must (3)(e) A description of your housing actively involved in the community’s contain the items listed in this Section and/or supportive services experience. Consolidated Planning process to VI(B). These items include the standard The description should include any identify and address a need/problem forms, certifications, and assurances rental housing projects and/or that is related in whole or part, directly listed in the General Section of the supportive services facilities that you or indirectly to the proposed project; SuperNOFA that are applicable to this have sponsored, owned, and/or (d) (2 points) The extent to which you funding (collectively referred to as the operated; your past or current developed or plan to develop linkages ‘‘standard forms’’). The standard forms involvement in any programs other than

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00590 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9911 housing that demonstrates your comprehensive and holistic solution to (4)(d)(i) Acceptable evidence of site management capabilities (including the needs of the target population. control is limited to any one of the financial management) and experience; (4) Project information, including the following: your experience in serving the elderly, following: (A) Deed or long-term leasehold including elderly persons with (4)(a) Evidence of need for supportive which evidences that you have title to disabilities, and/or families and housing. Such evidence would include or a leasehold interest in the site. If a minorities; and the reasons for receiving a description of the category or leasehold, the term of the lease must be any increases in fund reservations for categories of elderly persons the at least 50 years; (B) Contract of sale for the site which developing and/or operating previously housing is intended to serve and is free of any limitations affecting ability funded Section 202 or Section 811 evidence demonstrating sustained to deliver ownership to you after you projects. The description should include effective demand for supportive housing receive and accept a notice of section data on the facilities and services for that population in the market area to 202 capital advance. The only condition provided, the racial/ethnic composition be served, taking into consideration the for closing on the sale can be your of the populations served, if available, occupancy and vacancy conditions in receipt and acceptance of the capital and information and testimonials from existing Federally assisted housing for advance. The contract of sale cannot residents or community leaders on the the elderly (HUD and RHS; e.g., public require closing on a date earlier than the quality of the activities. Examples of housing); State or local data on the activities that could be described section 202 closing. limitations in activities of daily living (C) Option to purchase or for a long- include housing counseling, nutrition among the elderly in the area; aging in and food services, special housing term leasehold which must remain in place in existing assisted rentals; trends effect for six months from the date on referral, screening and information in demographic changes in elderly projects. which the applications are due, and population and households; the must state a firm price binding on the (3)(f) A description, if applicable, of numbers of income eligible elderly seller. The only condition on which the your efforts to involve elderly persons, households by size, tenure, and housing option may be terminated is if you are including minority elderly persons, in condition; the types of supportive not awarded a fund reservation. The the development of the application, as services arrangements currently option must be renewable at the end of well as your intent to involve elderly available in the area; and the use of such the six months option period. persons in the development and services as evidenced by data from local (D) Where the proposed site is subject operation of the project. social service agencies or agencies on to a mortgage under a HUD program (e.g., (3)(g) A description of the steps you aging. Also, a description of how an earlier 202 or an FHA insured took to identify and coordinate your information in the community’s mortgage), you must submit evidence application with other organizations to Analysis of Impediments to Fair that consent to release of the site from complement and/or support the Housing Choice was used in that mortgage has been obtained or has proposed project as well as the steps documenting the need for the project. been requested from HUD and from the you will take, if funded, to share (4)(b) A description of how the mortgagee, if other than HUD. information on solutions and outcomes proposed project will benefit the target (E) For sites to be acquired from a relative to the development of the population and the community in public body, evidence is needed that the proposed project. which it will be located. public body possesses clear title to the (3)(h) A description of your (4)(c) A description of the project, site and has entered into a legally involvement in the community’s including the following: (4)(c)(i) A binding agreement to lease or convey Consolidated Planning process narrative description of the building the site to you after you receive and including: design, including a description of the accept a notice of section 202 capital (3)(h)(i) An identification of the lead/ number of units with bedroom advance. Where HUD determines that facilitating agency that organizes/ distributions, any special design time constraints of the funding round administers the process; features, amenities, and/or community will not permit all of the required (3)(h)(ii) An identification of the space, and how this design will official actions (e.g., approval of Consolidated Plan issue areas in which facilitate the delivery of services in an Community Planning Boards) that are you participate; economical fashion and accommodate necessary to convey publicly-owned (3)(h)(iii) Your level of participation the changing needs of the residents over sites, a letter in the application from the in the process, including active the next 10–20 years. mayor or director of the appropriate involvement with any neighborhood- Note: If these community spaces, local agency indicating that conveyance based organizations, associations, or any amenities, or features would not comply with or leasing of the site is acceptable committees that support programs and the project design and cost standards of 24 without imposition of additional activities that enhance projects or the CFR 891.120 and the special project covenants or restrictions and only lives of residents of the projects, such as standards of 24 CFR 891.210, you must state contingent on the necessary approval the one proposed in your application. your ability and willingness to contribute action. Such a letter commitment will If you are not currently active, both the incremental development cost and be considered sufficient evidence of site describe the specific steps you will take continuing operating cost associated with the control. to become active in the Consolidated community spaces, amenities, or features; (4)(d)(ii) Whether you have title to the Planning process. (Consult the local (4)(c)(ii) A description of whether and site, a contract of sale, an option to HUD Office for the identification of the how the project will promote energy purchase, or are acquiring the site from Consolidated Plan community process efficiency, and, if applicable, innovative a public body, you must provide for the appropriate area.) construction or rehabilitation methods evidence (a title policy or other (3)(i) A description of the linkages or technologies to be used that will acceptable evidence) that the site is free that you have developed or plan to promote efficient construction. of any limitations, restrictions, or develop with other related activities, (4)(d) Evidence that the Sponsor has reverters which could adversely affect programs or projects in order that the site control and permissive zoning, the use of the site for the proposed development of the project provides a including the following: project for the 40-year capital advance

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00591 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9912 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices period under HUD’s regulations and State’s, to which input should have Note: This could be an expensive requirements (e.g., reversion to seller if been provided by local community undertaking. You must pay for the cost of any title is transferred). If the title evidence organizations, agencies in the clean-up and/or remediation. contains restrictions or covenants, community, and residents of the (4)(d)(vii) A letter from the State copies of such covenants or restrictions community. Alternatively, a document Historic Preservation Officer (SHPO) must be submitted with the application. that addresses fair housing issues and indicating whether the proposed site If the site is subject to any such remedies to barriers to fair housing in has any historical significance. If you limitations, restrictions, or reverters, the the community that was previously cannot obtain a letter from the SHPO application will be rejected. Purchase prepared by a local planning, or similar due to the SHPO not responding to your money mortgages that will be satisfied organization, may be used. Applicable request or the SHPO responding that it from capital advance funds are not impediments could include the need for cannot or will not comply with the considered to be limitations or improved housing quality and services requirement, you must submit the restrictions that would adversely affect for elderly minority families, lack of following: the use of the site. If the contract of sale affirmative marketing and outreach to (A) A letter indicating that you or the option agreement contains minority elderly persons, and the need attempted to get the required letter from provisions that allow a Sponsor not to for quality eldercare services within the SHPO but that the SHPO either had purchase the property for reasons such areas of minority concentration when not responded to your request or would as environmental problems, failure of compared with the type and quality of not honor or recognize your request; the site to pass inspection, or the similar services and housing in (B) A copy of your letter to the SHPO appraisal is less than the purchase price, nonminority areas. requesting the required letter; and, then such provisions are not (4)(d)(v) A map showing the location (C) A copy of the SHPO’s response, if objectionable and a Sponsor is allowed of the site and the racial composition of available. (4)(e) Provision of supportive services to terminate the contract of sale or the the neighborhood, with the area of racial option agreement. in the proposed facility: concentration delineated; (4)(e)(i) A detailed description of the Note: A proposed project site may not be (4)(d)(vi) A Phase I Environmental acquired or optioned from a general supportive services proposed to be contractor (or its affiliate) that will construct Site Assessment, in accordance with the provided to the anticipated occupancy; the section 202 project or from any other American Society for Testing and (4)(e)(ii) A description of public or development team member. Material (ASTM) Standards E 1527–97, private sources of assistance that (4)(d)(iii) Evidence that the project as as amended. The Phase I study must be reasonably could be expected to fund proposed is permissible under completed and submitted with the the proposed services; applicable zoning ordinances or application. Therefore, it is important (4)(e)(iii) The manner in which such regulations, or a statement of the that you start the site assessment services will be provided to such proposed action required to make the process as soon after publication of this persons (i.e., on or off-site), including proposed project permissible and the SuperNOFA as possible. whether a service coordinator will basis for your belief that the proposed If the Phase I study indicates the facilitate the adequate provision of such action will be completed successfully possible presence of contamination and/ services, and how the services will meet before the submission of the firm or hazards, you must decide whether to the identified needs of the residents. commitment application (e.g., a continue with this site or choose Note: You may not require residents, as summary of the results of any requests another site. Should you choose another a condition of occupancy, to accept any for rezoning and/or the procedures for site, the same environmental site supportive service. obtaining special or conditional use assessment procedure identified above (5) A list of the applications, if any, permits on land in similar zoning must be followed for that site. that you have submitted or are planning classifications and the time required for Note: For properties to be acquired from to submit to any other HUD office in such rezoning, or preliminary the FDIC/RTC, include a copy of the FDIC/ response to this announcement of indications of acceptability from zoning RTC prepared Transaction Screen Checklist Section 202 Program funding bodies, etc.); or Phase I Environmental Site Assessment, availability or the announcement of (4)(d)(iv) A narrative topographical and applicable documentation, per the FDIC/ Section 811 Program (Supportive and demographic description of the RTC Environmental Guidelines. Housing for Persons with Disabilities) suitability of the site and area, and how If you choose to continue with the funding availability, published the site will promote greater housing original site on which the Phase I study elsewhere in this SuperNOFA. Indicate opportunities for minority elderly and indicated contamination or hazards, you by HUD office, the proposed location by elderly persons with disabilities, must undertake a detailed Phase II city and State, and the number of units thereby affirmatively furthering fair Environmental Site Assessment by an requested for each application. Include housing; (NOTE: You can best appropriate professional. If the Phase II a list of all FY 1999 and prior year demonstrate your commitment to Assessment reveals site contamination, projects to which you are the Sponsor affirmatively furthering fair housing by the extent of the contamination and a that have not been finally closed. Such describing how your proposed activities plan for clean-up of the site must be projects must be identified by project will assist the jurisdiction in submitted to the local HUD office. The number and HUD office. overcoming impediments to fair housing plan for clean-up must include a (6) A statement that: choice identified in the applicable contract for remediation of the (6)(a) Identifies all persons (families, jurisdictions’s Analysis of Impediments problem(s) and an approval letter from individuals, businesses, and nonprofit to Fair Housing Choice (AI), which is a the applicable Federal, State, and/or organizations), by race/minority group, component of the jurisdiction’s local agency with jurisdiction over the and status as owners or tenants, Consolidated Plan, or any other site. In order for the application to be occupying the property on the date of planning document that addresses fair considered for review under this FY submission of the application for a housing issues. The applicable 2000 funding competition, you must capital advance; Consolidated Plan and AI may be the submit this information to the local (6)(b) Indicates the estimated cost of Community’s, the County’s, or the HUD office on or before June 19, 2000. relocation payments and other services;

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00592 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9913

(6)(c) Identifies the staff organization will be located within the jurisdiction of laws prohibiting discrimination and that will carry out the relocation the unit of general local government promoting equal opportunity including activities; and authorized to use an abbreviated affirmatively furthering fair housing. (6)(d) Identifies all persons that have strategy, and if it is willing to prepare (7)(k)(ii) Design and Cost Standards. moved from the site within the past 12 such a Plan. Certification of Compliance with HUD’s months. All certifications must be made by the Section 202 project design and cost Note: If any of the relocation costs will be public official responsible for standards (24 CFR 891.120 and funded from sources other than the section submitting the Plan to HUD. The 891.210), the Uniform Federal 202 capital advance, you must provide certifications must be submitted as part Accessibility Standards (24 CFR 40.7), evidence of a firm commitment of these of the application by the application section 504 of the Rehabilitation Act of funds. When evaluating applications, HUD submission deadline date set forth in 1973 and HUD’s implementing will consider the total cost of proposals (i.e., this program section of the SuperNOFA. regulations at 24 CFR part 8, and for cost of site acquisition, relocation, The Plan regulations are published in 24 construction, and other project costs). covered multifamily dwellings designed CFR part 91. and constructed for first occupancy after (7) Certifications and Resolutions. In (7)(h) A certified Board Resolution March 13, 1991, the design and addition to the certifications and that no officer or director of the Sponsor construction requirements of the Fair assurances listed in the General Section or Owner has or will have any financial Housing Act and HUD’s implementing of this SuperNOFA with the exception interest in any contract with the Owner regulations at 24 CFR part 100, and the of SF–424A, SF–424B, SF–424C, SF– or in any firm or corporation that has or Americans with Disabilities Act of 1990; 424D, HUD–424M and the OMB will have a contract with the Owner, (7)(k)(iii) Acquisition and Relocation. Circulars which are not required, you including a current listing of all duly Certification of Compliance with the are required to submit signed copies of qualified and sitting officers and acquisition and relocation requirements the following: directors by title, and the beginning and of the Uniform Relocation Assistance (7)(a) Standard Form 424. Application ending dates of each person’s term. and Real Property Acquisition Policies for Federal Assistance and indication of (7)(i) A certified Board Resolution, Act of 1970, as amended (49 CFR part whether you are delinquent on any acknowledging the responsibilities of 24 and 24 CFR part 891.155(e)); Federal debt. (See instructions for sponsorship, long-term support of the (7)(k)(iv) Formation of Owner submitting this form in the Consolidated project(s), willingness to assist the Corporation. Certification that you will Application Submission section of the Owner to develop, own, manage, and form an ‘‘Owner’’ (24 CFR 891.205) after General Section of the SuperNOFA.) provide appropriate services in issuance of the capital advance; cause (7)(b) Drug-Free Workplace (HUD– connection with the proposed project, the Owner to file a request for 50070). Certification to provide a drug- and that it reflects the will of its determination of eligibility and a free workplace. membership. Also, the resolution shall request for capital advance, and provide (7)(c) Payments to Influence Federal indicate your willingness to fund the sufficient resources to the Owner to Transactions (HUD–50071) and estimated start-up expenses, the insure the development and long-term Standard Form LLL, Disclosure of Minimum Capital Investment (one-half operation of the project, including Lobbying Activities. Certification of of 1 percent of the HUD-approved capitalizing the Owner at firm whether any of the funds received will capital advance, not to exceed $10,000, commitment processing in an amount be used to influence any Federal if nonaffiliated with a National Sponsor; sufficient to meet its obligations in transactions and disclosure of those one-half of 1 percent of the HUD- connection with the project; activities, if applicable. approved capital advance, not to exceed (7)(k)(v) Supportive Services. (7)(d) Applicant/Recipient Disclosure/ $25,000, for all other Sponsors;), and the Certification that you will not require Update Report, including Social estimated cost of any amenities or residents to accept any supportive Security Numbers and Employee features (and operating costs related services as a condition of occupancy; Identification Numbers, (HUD–2880). A thereto) that would not be covered by and, disclosure of assistance from other the approved capital advance. (7)(k)(vi) Davis-Bacon. Certification of government sources received in (7)(j) Certification of Consistency with compliance with the Davis-Bacon connection with the project. the EZ/EC Strategic Plan HUD–2990). A requirements and the Contract Work (7)(e) Certification Regarding certification that the project is Hours and Safety Standards Act. Debarment and Suspension (HUD–2992) consistent with the EZ/EC strategic (24 CFR 24.510). A certification attesting plan, is located within the EZ/EC, and VII. Corrections to Deficient to the eligibility of your principals. serves EZ/EC residents. Applications (7)(f) Executive Order 12372 (7)(k) Sponsor’s Combined The General Section of the Certification. A certification that you Certifications. SuperNOFA provides the procedures for have submitted a copy of your (7)(k)(i) Certification in Connection corrections to deficient applications. application, if required, to the State with the Development and Operation of agency (single point of contact) for State a Section 202 Project. A certification of VIII. Environmental Requirements review in accordance with Executive compliance with the requirements of the In accordance with 24 CFR part 50, all Order 12372. Fair Housing Act, Title VI of the Civil Section 202 assistance is subject to the (7)(g) Certification of Consistency with Rights Act, the Age Discrimination Act National Environmental Policy Act of the Consolidated Plan (Plan), Form of 1975, section 3 of the Housing and 1969 and applicable related Federal HUD–2991, for the jurisdiction in which Urban Development Act of 1968 (12 environmental authorities. The the proposed project will be located. U.S.C. 1701u) and the implementing environmental review provisions of the The certification must be made by the regulations at 24 CFR part 135, the Section 202 Program regulations are in unit of general local government if it is affirmative fair housing marketing 24 CFR 891.155(b). required to have, or has, a complete requirements of 24 CFR part 200, Plan. Otherwise, the certification may subpart M and the implementing IX. Authority be made by the State, or by the unit of regulations at 24 CFR part 108, and The Section 202 Supportive Housing general local government if the project other applicable Federal, State and local for the Elderly Program is authorized by

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00593 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9914 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices section 202 of the Housing Act of 1959 application (an original and four copies) the Sacramento, California Office must (12 U.S.C. 1701q). See section 801 of the to the Director of the appropriate be submitted to the San Francisco, Cranston-Gonzalez National Affordable Multifamily Hub Office or Multifamily California Office. Housing Act (Pub.L. 101–625; approved Program Center as listed in Appendix A 3. Applications for projects proposed November 28, 1990); the Housing and to the Section 811 program section of to be located within the jurisdiction of Community Development Act of 1992 this SuperNOFA with the following the Cincinnati, Ohio Office must be (Pub.L. 102–550; approved October 28, exceptions: 1992), and the Rescissions Act (Pub.L. 1. Applications for projects proposed submitted to the Columbus, Ohio Office. 104–19; enacted on July 27, 1995). to be located within the jurisdiction of 4. Applications for projects proposed the Seattle, Washington and the to be located within the jurisdiction of APPENDIX A—ADDRESSES FOR Anchorage, Alaska Offices must be the Washington, DC Office must be SUBMITTING APPLICATIONS submitted to the Portland, Oregon submitted to the Baltimore, Maryland Please see Appendix A to the Section Office. Office. 811 Program Section of this 2. Applications for projects proposed BILLING CODE 4210±32±P SuperNOFA. Submit your completed to be located within the jurisdiction of

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00594 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9915

APPENDIX B The non-standard forms, which follow, are required for your Section 202 Program application.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00595 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9916 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00596 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9917

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00597 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9918 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00598 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9919

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00599 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9920 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00600 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9921

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00601 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9922 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00602 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9923

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00603 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9924 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00604 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9925

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00605 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00606 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9927

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00607 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00608 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9929

FUNDING AVAILABILITY FOR THE the Washington, DC Office must be particular office and to request any SECTION 811 PROGRAM OF submitted to the Baltimore, Maryland materials distributed at the workshop. SUPPORTIVE HOUSING FOR Office. Satellite Broadcast. HUD will hold an PERSONS WITH DISABILITIES The application kit also includes a information broadcast via satellite for (SECTION 811 PROGRAM) listing of the Multifamily Hubs and potential applicants to learn more about Program Centers, their addresses and the program and preparation of the Program Overview telephone numbers, including TTY application. For more information about Purpose of the Program. This program numbers. This information is also the date and time of the broadcast, you provides funding for supportive housing available from HUD’s SuperNOFA should consult the HUD web site at for very low-income persons with Information Center at 1–800–HUD–8929 http://www.hud.gov. disabilities who are at least 18 years old. and from the Internet through the HUD II. Amount Allocated (Please note that funding for a related web site at http://www.hud.gov. program, Mainstream Opportunities for Persons with hearing or speech For FY 2000, $108,774,343 for capital Persons with Disabilities, is found impairments may call the Center’s TTY advances is available for the Section 811 elsewhere in this SuperNOFA.) number at 1–800–HUD–2209. Program of Supportive Housing for Available Funds. Approximately $109 For Application Kits. For an Persons with Disabilities. The FY 2000 million. application kit and any supplemental HUD Appropriations Act (HUD Eligible Applicants. Nonprofit information, please call HUD’s Appropriations Act) provides organizations that have a section SuperNOFA Information Center at 1– $201,000,000 for capital advances, 501(c)(3) tax exemption from the 800–HUD–8929. Persons with hearing including amendments to capital Internal Revenue Service. or speech impairments may call the advance contracts; for supportive Application Deadline. May 18, 2000. Center’s TTY number at 1–800–HUD– housing for persons with disabilities, as Match Requirements. No. 2209. When requesting an application authorized by section 811 of the kit, please refer to the Section 811 National Affordable Housing Act of Additional Information Program and provide your name, 1990 (NAHA); and for project rental If you are interested in applying for address (including zip code), and assistance, including amendments to funding under this program, please telephone number (including area code). contracts for project rental assistance, review carefully the General Section of The application kit also will be for supportive housing for persons with this SuperNOFA and the following available on the Internet through the disabilities under section 811 of the additional information. HUD web site at http://www.hud.gov NAHA. and from the appropriate Multifamily Twenty-five percent (25%) of this I. Application Due Date, Application Hub Office or Multifamily Program amount is being set aside for tenant- Kits, Further Information, and Center. based rental assistance for persons with Technical Assistance For Further Information and disabilities administered through public Application Due Date. Submit your Technical Assistance. You may contact housing agencies (PHAs) and nonprofit completed application on or before 6:00 the appropriate Multifamily Hub Office organizations under the Mainstream pm, local time, on May 18, 2000, at the or Multifamily Program Center, Gail Housing Opportunities for Persons with address shown below. Williamson at HUD Headquarters at Disabilities Program which is found See the General Section of this (202) 708–2866, or access the Internet at elsewhere in this SuperNOFA. SuperNOFA for specific procedures http://www.hud.gov. In accordance with the waiver governing the form of application HUD encourages minority authority provided in the HUD submission (e.g., mailed applications, organizations to participate in this Appropriations Act, the Secretary is express mail, overnight delivery, or program and strongly recommends waiving the following statutory and hand carried). prospective applicants attend the local regulatory provision: The term of the Address for Submitting Applications. HUD Office workshop. At the project rental assistance contract is Submit your completed application (an workshops, HUD will explain reduced from 20 years to 5 years. HUD original and four copies) to the Director application procedures and anticipates that at the end of the of the appropriate Multifamily Hub requirements, as well as address contract terms, renewals will be Office or Multifamily Program Center as concerns such as local market approved subject to the availability of listed in Appendix A to this program conditions, building codes and funds. In addition to this provision, section of the SuperNOFA with the accessibility requirements, historic HUD will reserve project rental following exceptions: preservation, floodplain management, assistance contract funds based on 75 1. Applications for projects proposed displacement and relocation, zoning, percent rather than on 100 percent of to be located within the jurisdiction of and housing costs. If you are interested the current operating cost standards for the Seattle, Washington and the in attending the workshop, make sure approved units in order to take into Anchorage, Alaska Offices must be that your name, address and telephone account the average tenant contribution submitted to the Portland, Oregon number are on the appropriate HUD toward rent. Office. Office’s mailing list so that you will be The allocation formula used for 2. Applications for projects proposed informed of the date, time and place of Section 811 reflects the ‘‘relevant to be located within the jurisdiction of the workshop. Persons with disabilities characteristics of prospective program the Sacramento, California Office must should call the appropriate HUD Office participants,’’ as specified in 24 CFR be submitted to the San Francisco, to assure that any necessary 791.402(a). The FY 2000 formula California Office. arrangements can be made to enable consists of two data elements from the 3. Applications for projects proposed their attendance and participation in the 1990 Decennial Census: (1) The number to be located within the jurisdiction of workshop. of non-institutionalized persons age 16 the Cincinnati, Ohio Office must be If you cannot attend the workshop, or older with a work disability and a submitted to the Columbus, Ohio Office. call the appropriate HUD Office if you mobility or self-care limitation and (2) 4. Applications for projects proposed have any questions regarding the the number of non-institutionalized to be located within the jurisdiction of submission of applications to that persons age 16 or older having a

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00609 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9930 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices mobility or self-care limitation but bathing, or getting around inside the persons in each of the two elements for having no work disability. home. Temporary (short term) problems each state, or state portion, of each local A work disability is defined as a such as broken bones that are expected HUD Office jurisdiction as a percent of health condition that had lasted for 6 or to heal normally are not considered the sum of the two data elements from more months which limited the kind problems. the Decennial Census, described above, (restricted the choice of jobs) or amount Under the Section 811 Program, each for the total United States. The resulting (not able to work full time) of work a HUD Office jurisdiction receives percentage for each local HUD Office is person could do at a job or business. A sufficient capital advance funds for a then adjusted to reflect the relative cost mobility limitation is defined as a minimum of 10 units. The total amount of providing housing among the local health condition that lasted for 6 or of capital advance funds to support this HUD Office jurisdictions. The adjusted more months, making it difficult for the minimum set-aside is then subtracted needs percentage for each local HUD person to go outside the home alone. from the total capital advance available. Office is then multiplied by the total This includes outside activities, such as The remainder is fair shared to each amount of capital advance funds shopping or visiting a doctor’s office. A HUD Office jurisdiction whose fair available nationwide. self-care limitation is defined as a health share would exceed the set-aside based The Section 811 capital advance care limitation that had lasted for 6 or on the allocation formula fair share funds have been allocated, based on the more months which made it difficult for factors described below. formula above, to 51 local HUD Offices the person to take care of his/her own The fair share factors were developed as shown on the following chart: personal needs such as dressing, by taking the sum of the number of BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00610 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9931

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00611 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9932 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00612 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9933

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00613 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9934 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

III. Program Description; Eligible (D) Ineligible Activities. Section 811 capitalized operating costs associated Applicants; Eligible Activities funds may not be used for any of the with any excess amenities and design (A) Program Description. HUD following: features you will pay for) may not provides capital advances and contracts (1) Nursing homes, infirmaries and exceed: for project rental assistance in medical facilities; Non-elevator structures: accordance with 24 CFR part 891. (2) Transitional housing facilities; $33,638 per family unit without a Capital advances may be used to (3) Manufactured housing facilities; bedroom; construct, rehabilitate, or acquire (4) Intermediate care facilities; $38,785 per family unit with one structures (including structures from the (5) Community centers, with or bedroom; Federal Deposit Insurance Corporation without special components for use by $46,775 per family unit with two (formerly held by the Resolution Trust persons with disabilities; bedrooms; Corporation) (FDIC/RTC), to be (6) Sheltered workshops and centers $59,872 per family unit with three developed into a variety of housing for persons with disabilities; bedrooms; options described in Section III(C) (7) Headquarters for organizations for $66,700 per family unit with four below. Capital advance funds bear no persons with disabilities; and bedrooms. interest and are based on development (8) Refinancing of Sponsor-owned For elevator structures: facilities without rehabilitation. cost limits published in this $35,400 per family unit without a SuperNOFA. Repayment of the capital IV. Program Requirements bedroom; advance is not required as long as the $40,579 per family unit with one housing remains available for at least 40 In addition to the program bedroom; years for occupancy by very low-income requirements listed in the General persons with disabilities. Section of this SuperNOFA, you must $49,344 per family unit with two Project rental assistance contract comply with the following bedrooms; (PRAC) funds are used to cover the requirements: $63,834 per family unit with three difference between the tenants’ (A) Statutory Requirements and bedrooms; contributions toward rent (30 percent of Regulatory Requirements. You must $70,070 per family unit with four adjusted income) and the HUD- comply with all statutory and regulatory bedrooms. approved cost to operate the project. requirements listed in Sections III, IV (b) For group homes only: (B) Eligible Applicants. Nonprofit and IX of this program section of the organizations with a section 501(c)(3) SuperNOFA. TYPE OF DISABILITY tax exemption from the Internal (B) HUD/RHS Agreement. HUD and Revenue Service are the only eligible the Rural Housing Service (RHS) have Physical/ Chronic No. residents develop- mental ill- applicants for this program. A Sponsor an agreement to coordinate the mental ness or Co-sponsor may not apply for more administration of the agencies’ than 70 units of housing or 4 projects respective rental assistance programs. 2 ...... $143,628 $138,645 (whichever is less) for persons with As a result, HUD is required to notify 3 ...... 154,452 149,094 disabilities in a single Hub. In addition, RHS of applications for housing 4 ...... 165,276 158,376 a Sponsor or Co-sponsor may not apply assistance it receives. This notification 5 ...... 176,100 167,658 for more units in a given HUD Office gives RHS the opportunity to comment 6 ...... 186,912 176,940 than allocated for the Section 811 if it has concerns about the demand for program in that HUD Office, or for more additional assisted housing and possible (c) These cost limits reflect those costs than 10 percent of the total units harm to existing projects in the same reasonable and necessary to develop a allocated in all HUD offices. A single housing market area. HUD will consider project of modest design that complies application must propose at least five RHS comments in its review and with HUD minimum property units, not necessarily in one structure if application selection process. standards; the minimum group home the project will be an independent (C) Development Cost Limits. (1) The requirements of 24 CFR 891.310(a) (if living project and two units if the following development cost limits, applicable); the accessibility project will be a group home. Affiliated adjusted by locality as described in requirements of 24 CFR 891.120(b) and entities that submit separate Section IV(C)(2) below, must be used to 891.310(b); and the project design and applications are considered a single determine the capital advance amount cost standards of 24 CFR 891.120. entity for the purpose of these limits. reserved for projects for persons with (2) Increased development cost limits. (C) Eligible Activities. The types of disabilities: (a) HUD may increase the housing that can be developed with (a) For independent living projects development cost limits set forth in Section 811 capital advance funds and dwelling units in multifamily Section IV(C)(1) of this program section include small group homes, housing developments, condominium of the SuperNOFA by up to 140 percent independent living projects and and cooperative housing: The total in any geographic area where the cost dwelling units in multifamily housing development cost of the project levels require, and may increase the developments, condominium and attributable to dwelling use (less the development cost limits by up to 160 cooperative housing. incremental development cost and the percent on a project-by-project basis.

VerDate 162000 06:07 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00614 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9935

This increase may include covering or non-contiguous independent living local agency well in advance of the additional costs to make dwelling units units on scattered sites). Criterion (a)(iii) application submission deadline date accessible through rehabilitation. which is worth five points for site for the State or local agency to review (b) If HUD finds that high control will be awarded as outlined in your Supportive Services Plan (Exhibit construction costs in Alaska, Guam, the Section IV(D)(5) below. Regardless of 4(e) of the application kit) and complete Virgin Islands or Hawaii make it whether you submit evidence of site the Supportive Services Certification infeasible to construct dwellings, control or have identified a site without (Exhibit 7(l) of the application kit) and without the sacrifice of sound standards obtaining control of the site, the site will return it to you so that you can include of construction, design, and livability, be evaluated based on its proximity or it in the application you submit to HUD. within the development cost limits accessibility to shopping, medical (1) HUD will reject your application if provided in Section IV(C)(1) of this facilities, transportation, places of the supportive services certification: program section of the SuperNOFA, the worship, recreational facilities, places of (i) Is not submitted with your amount of capital advances may be employment and other necessary application and is not submitted to HUD increased to compensate for such costs. services to the intended tenants. within the 14-day cure period; or The increase may not exceed the limits (4) To meet the ‘‘proximity’’ or (ii) Indicates that the provision of established under this section ‘‘accessibility’’ test, you must supportive services is not well designed (including any high cost area demonstrate that community services to address the individual health, mental adjustment) by more than 50 percent. and amenities described above are health and other needs of persons with (c) For group homes only, HUD either near or accessible to the residents. disabilities who will live in your Offices may approve increases in the Sites where the community services and project. development cost limits in Section amenities described above are either (2) In addition, if the agency IV(C)(1)(b), above, in areas where you near or accessible to the residents other completing the certification will be a can provide sufficient documentation than solely by a project residence or major funding or referral source for your that high land costs limit or prohibit private vehicle will be rated more proposed project or be responsible for project feasibility. An example of favorably than sites where residents licensing the project, HUD will reject acceptable documentation is evidence of must depend upon the project residence your application if either the agency’s at least three land sales which have or private vehicle to access such supportive services certification actually taken place (listed prices for community services and amenities. indicates—or, where the agency fails to land are not acceptable) within the last Your application will also be evaluated complete item 2 or 3 of the certification, two years in the area where your project to determine whether it complies with HUD determines that: is to be built. The average cost of the the site and neighborhood standards in (i) You failed to demonstrate that documented sales must exceed seven 24 CFR 891.125. supportive services will be available on percent of the development cost limit (5) Criterion (a)(iii) relates to the a consistent long-term basis; and/or for your project in order for an increase existence of legally acceptable site (ii) The proposed housing is not to be considered. control. If you: consistent with State or local agency (D) Sites. (1) NAHA requires you to (a) Submit evidence of site control for plans/policies governing development provide in your application either: all proposed sites in your application, and operation of housing for persons (a) Evidence of site control, or (b) The evidence is determined to be with disabilities. (b) A reasonable assurance that you legally acceptable for all of the sites, and Any prospective resident of a Section will have control of a site within six (c) All of the sites are approvable (i.e., 811 project who believes he/she needs months of notification of fund receive a score of 1 or higher for supportive services must be given the reservation. Criterion (a)(i), your application will choice to be responsible for acquiring (2) Accordingly, if you have control of receive 5 points for Criterion (a)(iii). his/her own services or to take part in a site at the time you submit your (6) If your application contains your Supportive Services Plan which application, you must include evidence evidence of site control where either the must be designed to meet the individual of such as described in Section evidence or the site is not approvable, needs of each resident. Residents or VI(B)(4)(d)(i) of this program section of your application will not be rejected applicants may not be required to accept the SuperNOFA relative to site control provided you indicate in your any supportive service as a condition of and in the application kit. If you do not application that you are willing to seek occupancy or admission. have site control, you must provide the an alternate site and provide an (F) Project Size Limits. (1) Group information required in Section assurance that site control will be home—The minimum number of VI(B)(4)(d)(x) of this program section of obtained within six months of fund persons with disabilities that can reside the SuperNOFA relative to reservation notification. in a group home is two, and the identification of a site and in the (E) Supportive Services. You are maximum number is six. Only one application kit for identified sites as a required to include a Supportive person per bedroom is allowed, unless reasonable assurance that site control Services Plan and a certification from two residents choose to share one will be obtained within six months of the appropriate State or local agency bedroom or a resident determines he/ fund reservation notification. that the provision of services identified she needs another person to share his/ (3) Under Criterion (a) of Rating in your Supportive Services Plan is well her bedroom. Factor 3 in Section V(D), below, related designed to address the individual (2) Independent living project—The to your proposed site, your application health, mental health and other needs of minimum number of units that can be has the potential of earning 15 points. persons with disabilities who will live applied for in one application is five; Criterion (a)(i) is related to site in your proposed project. Section not necessarily in one structure. The approvability and is worth a maximum VI(B)(4)(e) of this program section of the maximum number of persons with of 7 points. Three points for Criterion SuperNOFA, below, outlines the disabilities that can be housed in an (a)(ii) will be awarded if your project information that must be in the independent living project is 18. will represent an integrated housing Supportive Services Plan. You must (3) Exceptions—If you are submitting model (e.g., condominium units submit one copy of your Supportive an application with site control, you scattered within one or more buildings Services Plan to the appropriate State or may request an exception to the above

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00615 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9936 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices project size limits by providing the Exhibits period, you can submit the information information required in Section (1) Form 92016–CA (Application required to cure the deficiency during VI(B)(4)(d)(ix) in this program section of Form)* the 14 calendar day appeal period: (1) Exhibit 7(g), Form HUD–2991, the SuperNOFA, below, and in the (2)(a) Articles of Incorporation* Certification of Consistency with the application kit. Not more than 25 (b) By-laws* Consolidated Plan; and/or percent of any amounts for capital (c) IRS tax exemption ruling* advances or project rental assistance (2) Exhibit 7(l), Certification for (4)(c)(ii) Energy efficiency Provision of Supportive Services. The will be used for independent living (d)(vii) Letter from the State Historic projects that exceed 24 units. information required to cure the above Preservation Officer (SHPO) identified deficiencies includes the (G) Minimum Capital Investment. (d)(viii) Seek alternate site deficient Exhibit and documentation Selected nonprofit organizations must (d)(ix) Exception to project size limits showing that the information had been provide a minimum capital investment (5) Applications submitted to other requested from the third party at least of one-half of one percent of the HUD- offices 45 days prior to the application approved capital advance amount not to (6) Relocation deadline date. exceed a maximum of $10,000 in (7) (a) Standard Form 424, The HUD Office will make a accordance with 24 CFR 891.145. Application for Federal Assistance* determination on an appeal before (b) Form-HUD 50070, Certification of (H) Economic Opportunities for Low making its selection recommendations. a Drug-Free Workplace Your application(s) will be either rated and Very Low Income Persons. You (c) Form-HUD 50071, Certification of must comply with section 3 of the or technically rejected at the end of Payments to Influence Federal technical review. If your application Housing and Urban Development Act of Transactions and Standard Form- 1968, 12 U.S.C. 1701u (Economic meets all program eligibility LLL, Disclosure of Lobbying requirements after completion of Opportunities for Low and Very Low Activities technical review, your application will Income Persons) and its implementing (d) Form-HUD 2880, Applicant/ be rated according to the Rating Factors regulations at 24 CFR part 135. To Recipient Disclosure/Update Report in Section V(D) below. comply, you must ensure that training, (e) Form-HUD 2992, Certification (C) Ranking and Selection Procedures. employment and other economic Regarding Debarment and Applications that have a total base score opportunities are directed, to the Suspension of 60 points or more (without the greatest extent feasible, toward low and (f) Executive Order 12372 addition of EC/EZ bonus points) and very low income persons, particularly Certification meet all of the applicable threshold those who are recipients of government (g) Form-HUD 2991, Certification of requirements of Section II(B) of the assistance for housing; and to business Consistency with Consolidated Plan General Section of the SuperNOFA will concerns which provide economic (h) Conflict of Interest Resolution be eligible for selection and will be opportunities to low and very low (i) Resolution for Commitment to placed in rank order. HUD will select income persons. Project* applications, after adding any bonus (I) Accessibility. If you intend to (k) Combined Certifications points for EC/EZ, based on rank order, construct, substantially rehabilitate, or (l) Supportive Services Certification up to and including the last application acquire, with or without rehabilitation, (m) Lead-Based Paint Certification that can be funded out of each HUD structures to be used as housing for The HUD Office will notify you in Office’s allocation. HUD Offices must writing if your application is missing persons with disabilities, you should not skip over any applications in order any of the above exhibits or portions of note 24 CFR 891.310, which requires to select one based on the funds exhibits and will give you 14 days from that your project meets accessibility remaining. After making the initial the date of the notification to submit the requirements. In addition, you should selections, however, HUD may use any information required to cure the noted note that 24 CFR 8.4(b)(5) prohibits the residual funds to select the next rank- deficiencies. The items identified by an selection of a site or location which has ordered application by reducing the asterisk (*) must be dated on or before the purpose or effect of excluding number of units by no more than 10 the application deadline date. percent rounded to the nearest whole persons with disabilities from the (B) Rating. HUD will review and rate number, provided the reduction will not Federally assisted program or activity. your application in accordance with the render the project infeasible. For this Thus, if you choose an existing Application Selection Process in the purpose, however, HUD will not reduce structure, make sure that it can be made General Section of this SuperNOFA the number of units in projects of five accessible without resulting in an with the following exception. HUD will units or less. infeasible project. not reject your application based on After this process is completed, V. Application Selection Process technical review without notifying you residual funds from all HUD Offices of the rejection with all the reasons for within each Multifamily Hub will be (A) Review for Curable Deficiencies. rejection and providing you an combined. First, these funds will be You should ensure that your application opportunity to appeal. You will have 14 used to restore units to projects reduced is complete before submitting it to the calendar days from the date of HUD’s by HUD Offices based on the above appropriate HUD office. HUD will written notice to appeal a technical instructions. Second, additional screen all applications received by the rejection to the HUD Office. If the applications within each Multifamily deadline to determine if there are any rejection is due to the nonsubmission of Hub will be selected in rank order with curable deficiencies. A curable the following exhibits because of the only one application selected per HUD deficiency is a missing Exhibit or failure of a third party to provide Office. More than one application may portion of an Exhibit that will not affect information under the control of the be selected per HUD Office if there are the rating of your application. The third party but outside your control no approvable applications in other following is a list of the only (e.g., by contract), and you were not HUD Offices within the Multifamily deficiencies that will be considered provided the opportunity to cure the Hub. This process will continue until curable in a Section 811 application: deficiency during the curable deficiency there are no more approvable

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00616 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9937 applications within the Multifamily the scope of the proposed project (i.e., prepared by a local planning or similar Hub that can be selected with the number of units, services, relocation organization. You must show how the remaining funds. Applications may not costs, development, and operation) in proposed project will address an be skipped over to select one based on relationship to your demonstrated impediment to fair housing choice funds remaining. However, HUD may development and management capacity described in the AI or meet a need use any remaining residual funds, to as well as your financial management identified in the other type of planning select the next rank-ordered application capability; document. by reducing the number of units by no (b) (10 points) The scope, extent, and Rating Factor 3: Soundness of more than 10 percent rounded to the quality of your experience in providing Approach (40 Points) nearest whole number, provided the housing or related services to minority reduction will not render the project persons or families as well as your ties This factor addresses the quality and infeasible or result in the project being to the community at large and to the effectiveness of your proposal. There less than 5 units. minority and disability communities in must be a clear relationship between the Funds remaining after these processes particular. For purposes of this program proposed activities, the community’s are completed will be returned to section of the SuperNOFA, ‘‘minority’’ needs and purposes of the program Headquarters. First, HUD will use these means the basic racial and ethnic funding for your application to receive funds to restore units to projects categories for Federal statistics and points for this factor. Submit reduced by HUD Offices as a result of administrative reporting, as defined in information responding to this factor in the instructions for using their residual OMB’s Statistical and Policy Directive accordance with Application funds. Second, HUD will use these No. 15. (See 62 FR 58782, October 30, Submission Requirements in paragraphs funds for selecting applications based 1997.) (B)(4)(c), (B)(4)(d), and (B)(4)(e) of on field offices’ rankings, beginning (c) (3 points) You have experience in Section VI of this program section of the with the highest rated application developing integrated housing (e.g., SuperNOFA. In evaluating this factor, nationwide. Only one application will condominium units scattered within HUD will consider the following: be selected per HUD Office from the one or more buildings or non- (a)(i) (7 points) Site approvability— national residual amount. If there are no contiguous independent living units on The proximity or accessibility (other approvable applications in other HUD scattered sites). than by sole means of a project Offices, the process will begin again residence or private vehicle) of the site Rating Factor 2: Need/Extent of the to shopping, medical facilities, with the selection of the next highest Problem (15 Points) rated application nationwide. This transportation, places of worship, process will continue until all This factor addresses the extent to recreational facilities, places of approvable applications are selected which there is a need for funding the employment, and other necessary using the available remaining funds. proposed activities to address a services to the intended tenants; (D) Factors For Award Used To documented problem in the target area. adequacy of utilities and streets, and Evaluate and Rate Applications. HUD Submit information responding to this freedom of the site from adverse will rate applications that successfully factor in accordance with Application environmental conditions (based on site complete technical processing using the Submission Requirements in paragraphs visit for site control projects only); and Rating Factors set forth below and in (B)(4)(a) and (B)(4)(b) of Section VI of compliance with site and neighborhood accordance with the application this program section of the SuperNOFA. standards in 24 CFR 891.125(a), (d), and submission requirements in Section In evaluating this factor, HUD will (e); VI(B) below. The maximum number of consider: (a)(ii) (3 points) Integrated model—If points an application may receive under The extent of the need for the project your project will be an integrated model this program is 102. This includes two in the area based on a determination by as described in Section IV(D) above, (2) EZ/EC bonus points, as described in the HUD Office. In making this your application will receive 3 points the General Section of this SuperNOFA. determination, HUD will consider your for this Criterion. evidence of need in the area, as well as (a)(iii) (5 points) Site control—If your Rating Factor 1: Capacity of the other economic, demographic, and application contains legally acceptable Applicant and Relevant Organizational housing market data available to the site control for all proposed sites and all Staff (25 Points) HUD Office. The data could include the of the proposed sites are approvable This factor addresses the extent to availability of existing comparable (i.e., receive a score of 1 or higher on which you have the organizational subsidized housing for persons with Criterion (a)(i)), your application will resources to successfully implement the disabilities and current occupancy in receive 5 points for site control; proposed activities in a timely manner. such housing, comparable subsidized (b) (10 points) The suitability of the Submit information responding to this housing for persons with disabilities site from the standpoints of promoting factor in accordance with Application under construction or for which fund a greater choice of housing Submission Requirements in paragraphs reservations have been issued, and, in opportunities for minorities and persons (B)(2), (B)(3)(a), (B)(3)(b), and (B)(3)(e) of accordance with an agreement between with disabilities and affirmatively Section VI of this program section of the HUD and RHS, comments from RHS on furthering fair housing. In reviewing SuperNOFA. the demand for additional comparable this criterion, HUD will assess whether In rating this factor, HUD will subsidized housing and the possible the site meets the site and neighborhood consider the extent to which your harm to existing projects in the same standards at 24 CFR 891.125(b) and (c) application demonstrates your ability to housing market area. The Department by examining relevant data in your develop and operate the proposed also will review more favorably those application or in the HUD Office. If housing on a long-term basis, applications which establish a appropriate, HUD may visit the site. considering the following: connection between the proposed (i) The site will be deemed acceptable (a) (12 points) The scope, extent, and project and the community’s Analysis of if it increases housing choice and quality of your experience in providing Impediments to Fair Housing Choice opportunity by: housing or related services to those (AI) or other planning document that Expanding housing opportunities in proposed to be served by the project and analyzes fair housing issues and is non-minority neighborhoods (if

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00617 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9938 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

located in such a neighborhood); or — assistance, donation of land, provision Application Submission Requirements Contributing to the revitalization of of services, etc.) for the project; and in paragraph (B)(7)(j) of Section VI of and reinvestment in minority (b) (5 points) The extent of your this program section of the SuperNOFA. neighborhoods, including activities in the community, including VI. Application Submission previous experience in serving the area improvement of the level, quality and Requirements affordability of services furnished to where the project is to be located, minority persons with disabilities. developing integrated housing models (A) Application. Your application You should refer to the Site and and your demonstrated ability to enlist must include all of the information, Neighborhood Standards provisions volunteers and raise local funds. materials, forms, and exhibits listed in of the regulations governing the Section VI(B) of this program section of Rating Factor 5: Comprehensiveness the SuperNOFA (unless you were Section 811 Supportive Housing and Coordination (10 Points) Program (24 CFR 891.125(b) and (c)) selected for a Section 811 fund when considering sites for your This factor addresses the extent to reservation within the last three funding projects. which you coordinated your activities cycles). If you qualify for this exception, you are not required to submit the (ii) For the purpose of this with other known organizations, information described in Section competition, the term ‘‘minority participate or promote participation in VI(B)(2)(a), (b), and (c), below, of this neighborhood (area of minority the community’s Consolidated Planning program section of the SuperNOFA concentration)’’ is defined as one where process, and are working towards (Exhibits 2.a., b., and c. of the any one of the following statistical addressing a need in a holistic and application kit), which are the articles of conditions exists: comprehensive manner through linkages with other activities in the incorporation (or other organizational The percentage of persons of a community. Submit information documents), by-laws, and the IRS tax particular racial or ethnic minority is responding to this factor in accordance exemption, respectively. If there has at least 20 points higher than the with Application Submission been a change in any of these minority’s or combination of Requirements in paragraphs (B)(3)(f), documents since your previous HUD minorities’ percentage in the housing (B)(3)(g), (B)(3)(h), and (B)(3)(i) of approval, you must submit the updated market as a whole; or, Section VI of this program section of the information in your application. The The neighborhood’s total percentage of SuperNOFA. HUD Office will verify your indication minority persons is at least 20 points (a) (4 points) You involved persons of previous HUD approval by checking higher than the total percentage of with disabilities (including minority the project number and approval status minorities for the housing market area persons with disabilities) in the with the appropriate HUD Office based as a whole; or development of the application, and on information submitted in Section The neighborhood’s total percentage of will involve persons with disabilities VI(B)(2) below. minorities exceeds 50 percent of the (including minority persons with In addition to this relief of paperwork population. The term ‘‘minority area’’ disabilities) in the development and burden in preparing applications, you is defined as one in which the operation of the project; are able to use information and exhibits minority population is lower than 10 (b) (2 points) The extent to which you previously prepared for prior percent. coordinated your application with other applications under Section 811, Section (c) (5 points) The extent to which the organizations (including local 202, or other funding programs. proposed design of the project, independent living centers; a list of Examples of exhibits that may be readily including both the exterior and interior such can be obtained from the local adapted or amended to decrease the design, will meet the individual needs HUD Office) to complement and/or burden of application preparation of persons with disabilities the housing support the proposed project; include, among others, those on is expected to serve; (c) (2 points) The extent to which you previous participation in the Section (d) (5 points) The extent to which the demonstrated that you have been 202 or Section 811 programs, your proposed design of the project and its actively involved, or if not currently experience in the provision of housing placement in the neighborhood will active, the steps you will take to become and services, supportive services plans, facilitate the integration of the residents actively involved in the community’s community ties, and experience serving into the surrounding community and Consolidated Planning process to minorities. promote the ability of the residents to identify and address a need/problem (B) General Application live as independently as possible; and that is related in whole or part, directly Requirements. Your application must (e) (5 points) At least 51% of your or indirectly to the proposed project; contain the items listed in this Section board members are persons with and VI(B). These items include the standard disabilities. (d) (2 points) The extent to which you forms, certifications, and assurances developed or plan to develop linkages listed in the General Section of the Rating Factor 4: Leveraging Resources with other activities, programs (for SuperNOFA that are applicable to this (10 Points) example, the Mainstream Housing funding (collectively referred to as the This factor addresses your ability to Opportunities for Persons with ‘‘standard forms’’). The standard forms secure other community resources Disabilities Program) or projects related can be found in Appendix B to the which can be combined with HUD’s to the proposed project to coordinate General Section of the SuperNOFA. The program resources to achieve program your activities so solutions are holistic remaining application items that are purposes. Submit information and comprehensive. forms (i.e., excluding such items as responding to this factor in accordance narratives), referred to as the ‘‘non- with Application Submission Bonus Points standard forms’’ can be found as Requirements in paragraphs (B)(3)(c) (2 bonus points) Location of proposed Appendix B to this program section of and (B)(3)(d) of Section VI of this site in an EZ/EC area, as described in the SuperNOFA. The items are as program section of the SuperNOFA. the General Section of this SuperNOFA. follows: (a) (5 points) The extent of local Submit the information responding to Note: You may apply for a scattered site government support (including financial the bonus points in accordance with the project in one application

VerDate 162000 06:09 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00618 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9939

(1) Form HUD–92016-CA, Application description should include data on the population and evidence demonstrating for Section 811 Supportive Housing facilities and services provided, the sustained effective demand for Capital Advance. racial/ethnic composition of the supportive housing for the proposed (2) Evidence of your and each Co- populations served, if available, and population in the market area to be Sponsor’s legal status as a nonprofit information and testimonials from served, taking into consideration the organization, including the following: residents or community leaders on the occupancy and vacancy conditions in (2)(a) Articles of Incorporation, quality of the activities. Examples of existing comparable subsidized housing constitution, or other organizational activities that could be described for persons with disabilities, State or documents; include housing counseling, nutrition local needs assessments of persons with (2)(b) By-laws; and food services, special housing disabilities in the area, the types of (2)(c) IRS section 501(c)(3) tax referral, screening and information supportive services arrangements exemption ruling (this must be projects. currently available in the area, and the submitted by you and all Co-Sponsors, (3)(f) A description, if applicable, of use of such services as evidenced by including churches). your efforts to involve persons with data from local social service agencies. Note: If you received a section 811 fund disabilities (including minority persons Also, a description of how information reservation within the last three funding with disabilities) and the local center for in the community’s Analysis of cycles, you are not required to submit the independent living in the development Impediments to Fair Housing Choice documents described in paragraph (2)(a), of your application and in the was used in documenting the need for (2)(b), and (2)(c), above. Instead, you must development and operation of the the project. submit the project number of the latest project. (4)(b) A description of how the application selected and the HUD office to (3)(g) A description of the steps you proposed project will benefit the target which it was submitted. If there have been population and the community in any modifications or additions to the subject took to identify and coordinate your application with other organizations to which it will be located; documents, indicate such, and submit the (4)(c) A description of the project, new material. complement and/or support your including the following: (2)(d) The number of people on your proposed project as well as the steps you will take, if funded, to share (4)(c)(i) A narrative description of the board and the number of those people building(s) including the number and who have disabilities. information on solutions and outcomes relative to the development of your type of structure(s), number of (3) A description of your purpose, bedrooms if group home, number of community ties, and experience, proposed project. (3)(h) A description of your units with bedroom distribution if including the following: involvement in the community’s independent living units (including (3)(a) A description of your purpose, Consolidated Planning process, dwelling units in multifamily housing current activities and how long you including: developments, condominiums and have been in existence; (3)(h)(i) An identification of the lead/ cooperatives), number of residents with (3)(b) A description of your ties to the facilitating agency that organizes/ disabilities, and any resident manager community at large and to the minority administers the process; per structure; an identification of all and disability communities in (3)(h)(ii) An identification of the community spaces, amenities, or particular; Consolidated Plan issue areas in which features planned for the housing and a (3)(c) A description of local you participate; description of how the spaces, government support for the project (3)(h)(iii) Your level of participation amenities, or features will be used, and (including financial assistance, donation in the process, including active the extent to which they are necessary of land, provision of services, etc.); involvement with any neighborhood- to accommodate the needs of the (3)(d) Letters of support for your based organizations, associations or any proposed residents. If these community organization and for the proposed committees that support programs and spaces, amenities, or features would not project from organizations familiar with activities that enhance projects, or the comply with the project design and cost the housing and supportive services lives of residents of projects, such as the standards of § 891.120 and the special needs of the persons with disabilities one proposed in your application. project standards of § 891.310, you must that you expect to serve in the proposed If you are not currently active, demonstrate your ability and project (e.g., the local center for describe the specific steps you will take willingness to contribute both the independent living, the Statewide to become active in the Consolidated incremental development cost and Independent Living Council); Planning process. (Consult the local continuing operating cost associated (3)(e) A description of your housing HUD Office for the identification of the with the community spaces, amenities, and/or supportive services experience. Consolidated Plan community process or features; and a description of how the The description should include any for the appropriate area.) design of the proposed project will rental housing projects (including (3)(i) A description of the linkages promote the integration of the residents integrated housing developments) and/ that you have developed or plan to into the surrounding community and or supportive services facilities that you develop with other related activities, the ability of the residents to live as have sponsored, owned, and/or programs (for example, the Mainstream independently as possible; and operated; your past or current Housing Opportunities for Persons with (4)(c)(ii) A description of whether and involvement in any programs other than Disabilities Program) or projects in order how the project will promote energy housing that demonstrates your that the development of the project efficiency, and, if applicable, innovative management capabilities (including provides a comprehensive and holistic construction or rehabilitation methods financial management) and experience, solution to the needs of the target or technologies to be used that will and your experience in serving persons population. promote efficient construction. with disabilities and minorities; and the (4) Project information including the (4)(d) Evidence of control of an reasons for receiving any increases in following: approvable site, OR identification of a fund reservations for developing and/or (4)(a) Evidence of need for supportive site for which you provide a reasonable operating any previously funded housing. Such evidence would include assurance that you will obtain control Section 811 or Section 202 projects. The a description of the proposed within 6 months from the date of fund

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00619 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9940 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices reservation (if you are approved for (a title policy or other acceptable a description of the area surrounding funding). evidence) that the site is free of any the site, the characteristics of the Site control—If you are submitting an limitations, restrictions, or reverters neighborhood, how the site will application with site control, you must which could adversely affect the use of promote greater housing opportunities submit the following: the site for the proposed project for the for minorities and persons with (4)(d)(i) Acceptable evidence that you 40-year capital advance period under disabilities thereby affirmatively have site control, which is limited to HUD’s regulations and requirements furthering fair housing. (NOTE: You can any one of the following: (e.g., reversion to seller if title is best demonstrate your commitment to (A) Deed or long-term leasehold transferred). If the title evidence affirmatively furthering fair housing by which evidences that you have title to contains restrictions or covenants, describing how proposed activities will or a leasehold interest in the site. If a copies of the restrictions or covenants assist the jurisdiction in overcoming leasehold, the term of the lease must be must be submitted with the application. impediments to fair housing choice at least 50 years; If the site is subject to any such identified in the applicable (B) Contract of sale for the site which limitations, restrictions, or reverters, the jurisdiction’s Analysis of Impediments is free of any limitations affecting ability site will be rejected. Purchase money to Fair Housing Choice (AI), which is a to deliver ownership to you after you mortgages that will be satisfied from component of the jurisdiction’s receive and accept a notice of Section capital advance funds are not Consolidated Plan, or any other 811 capital advance. The only condition considered to be limitations or planning document that addresses fair for closing on the sale can be your restrictions that would adversely affect housing issues. The applicable receipt and acceptance of the capital the use of the site. If the contract of sale Consolidated Plan and AI may be the advance. The contract of sale cannot or option agreement contains provisions Community’s, the County’s, or the require closing on a date earlier than the that allow a Sponsor not to purchase the State’s, to which input should have Section 811 closing. property for reasons such as been provided by local community (C) Option to purchase or for a long- environmental problems, failure of the term leasehold which must remain in organizations, agencies in the site to pass inspection, or the appraisal community, and residents of the effect for six months from the date on is less than the purchase price, then which the applications are due and community. Alternatively, a document such provisions are not objectionable that addresses fair housing issues and must state a firm price binding on the and a Sponsor is allowed to terminate seller. The only condition on which the remedies to barriers to fair housing in the contract of sale or the option the community that was previously option may be terminated is if you are agreement. not awarded a fund reservation. The prepared by a local planning, or similar Note: A Proposed project site may not be organization, may be used. Applicable option must be renewable at the end of acquired or optioned from a general the six month option period. impediments could include a lack of contractor (or its affiliate) that will construct units that are accessible to persons with (D) Where the proposed site is subject the section 811 project or from any other to a mortgage under a HUD program development team member. disabilities, a lack of transportation (e.g., an earlier Section 811 or an FHA- (4)(d)(iii) Evidence that your project services or other assistance that would insured mortgage), you must submit as proposed is permissible under serve persons with disabilities, or the evidence that consent to release of the applicable zoning ordinances or need for improved housing quality and site from the mortgage has been regulations, or a statement of the services for all persons with disabilities. obtained or has been requested from proposed action required to make your (4)(d)(v) A map showing the location HUD and from the mortgagee, if other proposed project permissible. You must of the site and the racial composition of than HUD. provide the basis for your belief that the the neighborhood, with the area of racial (E) For sites to be acquired from a proposed action will be completed concentration delineated. public body, evidence is needed that the successfully before the submission of (4)(d)(vi) A Phase I Environmental public body possesses clear title to the the firm commitment application (e.g., a Site Assessment, in accordance with the site and has entered into a legally summary of the results of any requests American Society for Testing and binding agreement to lease or convey for rezoning on land in similar zoning Material (ASTM) Standards E 1527–97, the site to you after you receive and classifications and the time required for as amended, in order for the application accept a notice of Section 811 capital such rezoning, the procedures for to be considered as an application with advance. If HUD determines that time obtaining special or conditional use site control. The Phase I study must be constraints of the funding round will permits on land in similar zoning completed and submitted with the not permit you to obtain all of the classifications and the time required for application. The Phase I study is not a required official actions (e.g., approval such rezoning, or preliminary curable deficiency for the Section 811 of Community Planning Boards) that are indications of acceptability from zoning Program. Therefore, it is important that necessary to convey publicly-owned bodies, etc.). NOTE: You should be you start the site assessment process as sites, you may include in your aware that under certain circumstances soon after publication of this application a letter from the mayor or the Fair Housing Act requires localities SuperNOFA as possible. director of the appropriate local agency to make reasonable accommodations to If the Phase I study indicates the indicating that conveyance or leasing of their zoning ordinances or regulations to possible presence of contamination and/ the site is acceptable without imposition offer persons with disabilities an or hazards, you must decide whether to of additional covenants or restrictions, opportunity to live in an area of their continue with this site or choose and only contingent on the necessary choice. If you are relying upon a theory another site. Should you choose another approval action. Such a letter of reasonable accommodation to satisfy site, the same environmental site commitment will be considered the zoning requirement, then you must assessment procedure identified above sufficient evidence of site control. clearly articulate the basis for your must be followed for that site. (4)(d)(ii) Whether you have title to the reasonable accommodation theory. Note: For properties to be acquired from site, a contract of sale, an option to (4)(d)(iv) A narrative topographical the FDIC/RTC, include a copy of the FDIC/ purchase or are acquiring a site from a and demographic description of the RTC prepared Transaction Screen Checklist public body, you must provide evidence suitability of the site and area as well as or Phase I Environmental Site Assessment,

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00620 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9941 and applicable documentation, per the FDIC/ (D) The increased number of people developmental disabilities, chronic RTC Environmental Guidelines. will not prohibit their successful mental illness or any combination of the If you choose to continue with the integration into the community; three. Include how and from whom/ original site on which the Phase I study (E) Your project is marketable in the where persons will be referred to and indicated contamination or hazards, you community; accepted for occupancy in the project. must undertake a detailed Phase II (F) The size of your project is (4)(e)(ii) Information concerning Environmental Site Assessment by an consistent with State and/or local limitation of occupancy, if applicable. appropriate professional. If the Phase II policies governing similar housing for You may, with the approval of the Assessment reveals site contamination, the proposed population; and Secretary, limit occupancy within the extent of the contamination and a (G) A statement that you are willing housing developed under this program plan for clean-up of the site must be to have your application processed at section of the SuperNOFA to persons submitted to the local HUD Office. The the project size limit should HUD not with disabilities who have similar plan for clean-up must include a approve the exception. disabilities and require a similar set of contract for remediation of the Site identified—If you have identified supportive services in a supportive problem(s) and an approval letter from a site, but do not have it under control, housing environment. However, the the applicable Federal, State, and/or you must submit the following Owner must permit occupancy by any local agency with jurisdiction over the information: qualified person with a disability who site. In order for your application to be (4)(d)(x) A description of the location could benefit from the housing and/or considered as an application with site of the site, including its street address, services provided, regardless of the control you must submit this its unit number (if condominium), person’s disability. If you are requesting information to the local HUD Office on neighborhood/community approval to limit occupancy in your or before June 19, 2000. characteristics (to include racial and proposed project(s), you must submit ethnic data), amenities, adjacent Note: This could be an expensive the following: undertaking. You must pay for the cost of any housing and/or facilities, and how the (A) A description of the population of clean-up and/or remediation. site will promote greater housing persons with disabilities to which opportunities for minorities and persons (4)(d)(vii) A letter from the State occupancy will be limited; with disabilities thereby affirmatively Historic Preservation Officer (SHPO) (B) An explanation of why it is furthering fair housing. You can best indicating whether the proposed site(s) necessary to limit occupancy of the demonstrate your commitment to has any historical significance. If you proposed project(s) to the population affirmatively furthering fair housing by cannot obtain a letter from the SHPO described in (4)(e)(ii) above. This should describing how your proposed activities due to the SHPO not responding to your include but is not limited to: will assist the jurisdiction in request or the SHPO responding that it —An explanation of how limiting overcoming impediments to fair housing cannot or will not comply with the occupancy to a subcategory of persons choice identified in the community’s AI requirement, you must submit the with disabilities promotes the goals of or any other planning document that following: the Section 811 Program; and, addresses fair housing issues. Examples (A) A letter indicating that you —An explanation of why the housing of the applicable impediments include attempted to get the required letter from and/or service needs of this the need for improved housing quality the SHPO but that the SHPO either had population cannot be met in a more and services for minority persons with not responded to your request or would integrated setting. disabilities and the need for quality not honor or recognize your request; services for persons with disabilities (C) A description of your experience (B) A copy of your letter to the SHPO within the type and quality of similar in providing housing and/or supportive requesting the required letter; and services and housing in minority areas; services to the proposed occupants; and (C) A copy of the SHPO’s response, if (4)(d)(xi) A description of the (D) A description of how you will available. activities undertaken to identify the site, ensure that the occupants of the (4)(d)(viii) A statement that you are as well as what actions must be taken proposed project(s) will be integrated willing to seek a different site if the to obtain control of the site, if approved into the neighborhood and surrounding preferred site is unapprovable and that for funding; community. site control will be obtained within six (4)(xii) An indication as to whether (4)(e)(iii) A detailed description of the months of notification of fund the site is properly zoned. If it is not, an supportive service needs of the persons reservation. indication of the actions necessary for with disabilities that the housing is (4)(d)(ix) If you are requesting an proper zoning and whether these can be expected to serve. exception to the project size limits accomplished within six months of fund (4)(e)(iv) A list of community service found in Section IV(F) of this program reservation award, if approved for providers, including those that are section of the SuperNOFA, describe funding; consumer-controlled, and letters of why the site was selected and (4)(d)(xiii) A status of the sale of the intent to provide services to residents of demonstrate the following: site; and the proposed project(s) from as many (A) People with disabilities have (4)(d)(xiv) An indication as to potential service providers as possible. indicated their preference to live in whether the site would involve You must make this list available to any housing with as many units/people as relocation. residents who wish to be responsible for proposed for your project; (4)(e) A supportive services plan (a acquiring their own supportive services. (B) The increased number of units/ copy of which must be sent to the However, a provider may not require people is warranted by the market appropriate State or local agency as residents to accept any particular conditions in the area in which the instructed in Section IV(E) of this service. project is to be located. program section of the SuperNOFA) that (4)(e)(v) The evidence of each service (C) Your project is compatible with includes: provider’s capability and experience in other residential development and the (4)(e)(i) A detailed description of providing such supportive services population density of the area in which whether the housing is expected to (applicable even if you will be the your project is to be located; serve persons with physical disabilities, service provider);

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00621 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9942 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(4)(e)(vi) Identification of the extent of (6)(c) Identifies the staff organization unit of general local government if it is State and/or local agency involvement that will carry out the relocation required to have, or has, a complete in the project (i.e., funding for the activities; and Plan. Otherwise, the certification may provision of supportive services, referral (6)(d) Identifies all persons that have be made by the State, or by the unit of of residents, or licensing the project). If moved from the site within the last 12 general local government if the project there will be any State or local agency months. (This requirement applies to will be located within the jurisdiction of involvement, a description of the State applications with site control only. the unit of general local government or local agency’s philosophy/policy Sponsors of applications with identified authorized to use an abbreviated concerning housing for the population sites that are selected will be required strategy, and if it is willing to prepare to be served and a demonstration that to submit this information at a later date such a Plan. your application is consistent with State once they have obtained site control.) All certifications must be made by the or local plans and policies governing the Note: If any of the relocation costs will be public official responsible for development and operation of housing funded from sources other than the section submitting the Plan to HUD. The for the same disabled population; 811 capital advance, you must provide certifications must be submitted as part (4)(e)(vii) If you will be making any evidence of a firm commitment of these of the application by the application supportive services available to the funds. When evaluating applications, HUD submission deadline date set forth in residents or will be coordinating the will consider the total cost of proposals (i.e., this program section of the SuperNOFA. availability of any supportive services, a cost of site acquisition, relocation, The Plan regulations are published in 24 construction and other project costs). letter providing: CFR part 91. (A) A description of the supportive (7) Certifications and Resolutions. In (7)(h) A certified Board Resolution services that you will make available to addition to the certifications and that no officer or director of the Sponsor the residents or, if you will be assurances listed in the General Section or Owner has or will have any financial coordinating the availability of any of this SuperNOFA with the exception interest in any contract with the Owner supportive services, a description of the of SF–424A, SF–424B, SF–424C, SF– or in any firm or corporation that has or supportive service(s) and how the 424D and the OMB Circulars which are will have a contract with the Owner, coordination will be implemented; not required, you are required to submit including a current listing of all duly (B) An assurance that any supportive signed copies of the following: qualified and sitting officers and services that you will make available to (7)(a) Standard Form 424. Application directors by title and the beginning and the residents will be based on their for Federal Assistance and indication of ending dates of each person’s term. individual needs; and whether you are delinquent on any (7)(i) A Certified Board Resolution (C) A commitment to make the Federal debt. (See instructions for acknowledging responsibilities of supportive services available or submitting this form in the Consolidated sponsorship, long-term support of the coordinate their availability for the life Application Submissions section of the project(s), your willingness to assist the of the project. General Section of the SuperNOFA.) Owner to develop, own, manage and (4)(e)(viii) A description of how the (7)(b) Drug-Free Workplace (HUD– provide appropriate services in residents will be afforded opportunities 50070). Certification to provide a drug- connection with the proposed project, for employment. free workplace. and that it reflects the will of your (4)(e)(ix) An indication as to whether (7)(c) Payments to Influence Federal membership. Also, it shall indicate your the project will include a unit for a Transactions (HUD–50071) and willingness to fund the estimated start- resident manager; and Standard Form LLL, Disclosure of up expenses, the Minimum Capital (4)(e)(x) A statement that you will not Lobbying Activities. Certification of Investment (one-half of one-percent of condition occupancy on the resident’s whether any of the funds received will the HUD-approved capital advance, not acceptance of any supportive services. be used to influence any Federal to exceed $10,000), and the estimated (5) A list of the applications, if any, transactions and disclosure of those cost of any amenities or features (and that you have submitted or are planning activities, if applicable. operating costs related thereto) that to submit to any other HUD Office in (7)(d) Applicant/Recipient Disclosure/ would not be covered by the approved response to this Section 811 funding Update Report, including Social capital advance. announcement under this SuperNOFA Security Numbers and Employee (7)(j) Certification of Consistency with or announcement for funding under this Identification Numbers, (HUD–2880). A the EZ/EC Strategic Plan (HUD–2990). A SuperNOFA of the Section 202 Program disclosure of assistance from other certification that the project is of Supportive Housing for the Elderly. government sources received in consistent with the EZ/EC strategic Indicate, by HUD Office, the number of connection with the project. plan, is located within the EZ/EC, and units requested and the proposed (7)(e) Certification Regarding serves EZ/EC residents. location by city and State for each Debarment and Suspension (HUD–2992) (7)(k) Sponsor’s Combined application. Include a list of all FY 1999 (24 CFR 24.510)—a certification Certifications. and prior year projects to which you are attesting to the eligibility of your (7)(k)(i) Certification in Connection a party, identified by project number principals. with the Development and Operation of and HUD Office, which have not been (7)(f) Executive Order 12372 a Section 811 Project. A certification of finally closed. Certification. A certification that you compliance with the requirements of the (6) A statement that: have submitted a copy of your Fair Housing Act, Title VI of the Civil (6)(a) Identifies all persons (families, application, if required, to the State Rights Act, the Age Discrimination Act individuals, businesses, and nonprofit agency (single point of contact) for State of 1975, section 3 of the Housing and organizations) by race/minority group review in accordance with Executive Urban Development Act of 1968 (12 and status as owners or tenants Order 12372. U.S.C. 1701u) and the implementing occupying the property on the date of (7)(g) Certification of Consistency with regulations at 24 CFR part 135, the submission of the application for a the Consolidated Plan (Plan) (Form affirmative fair housing marketing capital advance; HUD–2991) for the jurisdiction in which requirements of 24 CFR part 200, (6)(b) Indicates the estimated cost of the proposed project will be located. subpart M, and the implementing relocation payments and other services; The certification must be made by the regulations at 24 CFR part 108, and

VerDate 162000 06:00 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00622 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9943 other applicable Federal, State and local supportive services, refer residents to Office must be submitted to the Baltimore laws prohibiting discrimination and the project or license the project. (The Maryland Office. promoting equal opportunity including name, address, and telephone number of HUD—BOSTON HUB affirmatively furthering fair housing. the appropriate agency will be (7)(k)(ii) Design and Cost Standards. identified in the application kit and can Hartford Office Certification of Compliance with HUD’s also be obtained from the appropriate One Corporate Center, 19th Floor, Hartford, Section 811 project design and cost HUD Office.) CT 06103–3220, (860) 240–4800, TTY standards (24 CFR 891.120 and (7)(m) Certification that you will Number: (860) 240–4665 891.310), the Uniform Federal comply with the requirements of the Boston Office Accessibility Standards (24 CFR 40.7), Lead-Based Paint Poisoning Prevention Room 375, Thomas P. O’Neill, Jr., Federal section 504 of the Rehabilitation Act of Act (42 U.S.C. 4821–4846) and Building, 10 Causeway Street, Boston, MA 1973 and HUD’s implementing implementing regulations at 24 CFR part 02222–1092, (617) 565–5234, TTY regulations at 24 CFR part 8, and for 35 (except as superseded in 24 CFR Number: (617) 565–5453 covered multifamily dwellings designed 891.325). and constructed for first occupancy after Manchester Office VII. Corrections to Deficient Norris Cotton Federal Building, 275 Chestnut March 13, 1991, the design and Applications construction requirements of the Fair Street, Manchester, NH 03101–2487, (603) Housing Act and HUD’s implementing The General Section of the 666–7681, TTY Number: (603) 666–7518 regulations at 24 CFR part 100, and the SuperNOFA provides the procedures for Providence Office corrections to deficient applications. Americans with Disabilities Act of 1990. Sixth Floor, 10 Weybosset Street, Providence, (7)(k)(iii) Acquisition and Relocation. VIII. Environmental Requirements RI 02903–2808, (401) 528–5230, TTY Certification of Compliance with the Number: (401) 528–5403 acquisition and relocation requirements In accordance with 24 CFR part 50, all of the Uniform Relocation Assistance Section 811 assistance is subject to the HUD—NEW YORK HUB and Real Property Acquisition Policies National Environmental Policy Act of New York Office 1969 and applicable related Federal Act of 1970 (49 CFR part 24 and 24 CFR 26 Federal Plaza, New York, NY 10278–0068, part 891.155(e)). environmental authorities. The environmental review provisions of the (212) 264–8000, TTY Number: (212) 264– (7)(k)(iv) Formation of Owner 0927 Section 811 Program regulations are in Corporation. Certification that you will HUD—BUFFALO HUB form an ‘‘Owner’’ (24 CFR 891.305) after 24 CFR 891.155(b). issuance of the capital advance; cause IX. Authority Buffalo Office the Owner to file a request for Section 811 of the Cranston-Gonzalez Fifth Floor, Lafayette Court, 465 Main Street, determination of eligibility and a Buffalo, NY 14203–1780, (716) 551–5755, National Affordable Housing Act (Pub. TTY Number: (716) 551–5787 request for capital advance, and provide L. 101–625, approved November 28, sufficient resources to the Owner to 1990), as amended by the Housing and HUD—PHILADELPHIA HUB insure the development and long-term Community Development Act of 1992) Philadelphia Office operation of the project, including (Pub. L. 102–550, approved October 28, The Wanamaker Building, 100 Penn Square capitalizing the Owner at firm 1992), and by the Rescissions Act (Pub. commitment processing in an amount East, Philadelphia, PA 19107–3380, (215) L. 104–19, approved July 27, 1995) 656–0600, TTY Number: (215) 656–3452 sufficient to meet its obligations in authorized a new supportive housing connection with the project. program for persons with disabilities, Charleston Office (7)(k)(v) Supportive Services. and replaced assistance for persons with Suite 708, 405 Capitol Street, Charleston, WV Certification that you will not require disabilities previously covered by 25301–1795, (304) 347–7000, TTY residents to accept any supportive section 202 of the Housing Act of 1959 Number: (304) 347–5332 services as a condition of occupancy; (section 202 continues, as amended by Newark Office and, section 801 of the NAHA, and the HCD (7)(k)(vi) Davis-Bacon. Certification of Thirteenth Floor, One Newark Center, Act of 1992, to authorize supportive compliance with the Davis-Bacon Newark, NJ 07102–5260, (973) 622–7900, housing for the elderly). requirements and the Contract Work TTY Number: (973) 645–3298 Hours and Safety Standards Act. APPENDIX A—LOCAL HUD OFFICES Pittsburgh Office (7)(l) Supportive Services Notes: 339 Sixth Avenue, Sixth Floor, Pittsburgh, Certification. A certification from the (1) The first line of the mailing address for PA 15222–2515, (412) 644–6428, TTY appropriate State or local agency all offices is Department of Housing and Number: (412) 644–5747 Urban Development. Telephone numbers identified in the application kit HUD—BALTIMORE HUB indicating whether the: listed are not toll-free. (7)(l)(i) Provision of supportive (2) Applications for projects proposed to be Baltimore Office located within the jurisdiction of the Seattle, services is well designed to serve the Washington and the Anchorage Alaska Fifth Floor, City Crescent Building, 10 South needs of persons with disabilities the Offices must be submitted to the Portland, Howard Street, Baltimore, MD 21201–2505, housing is expected to serve; Oregon Office. (410) 962–2520, TTY Number: (410) 962– (7)(l)(ii) Supportive services will be (3) Applications for projects proposed to be 0106 available on a consistent, long-term located within the jurisdiction of the Washington, DC Office basis; and Sacramento, California Office must be (7)(l)(iii) Proposed housing is submitted to the San Francisco, California 820 First Street, NE, Suite 300, Washington, consistent with State or local plans and Office. D.C. 20002–4205, (202) 275–9200, TTY Number: (202) 275–0772 policies governing the development and (4) Applications for projects proposed to be located within the jurisdiction of the Richmond Office operation of housing to serve Cincinnati, Ohio Office must be submitted to individuals of the proposed occupancy the Columbus Ohio Office. The 3600 Centre, 3600 West Broad Street, category(ies) if the State or local agency (5) Applications proposed to be located Richmond, VA 23230–4920, (804) 278– will provide funding for the provision of within the jurisdiction of the Washington, DC 4500, TTY Number: (804) 278–4501

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00623 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9944 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

HUD—GREENSBORO HUB Indianapolis Office HUD—GREAT PLAINS Greensboro Office 151 North Delaware Street, Indianapolis, IN Des Moines Office 46204–2526, (317) 226–6303, TTY Koger Building, 2306 West Meadowview Number: (317) 226–7081 Room 239, Federal Building, 210 Walnut Road, Greensboro, NC 27407–3707, (336) Street, Des Moines, IA 50309–2155, (515) 547–4000, TTY Number: (336) 547–4055 HUD—DETROIT HUB 284–4512, TTY Number: (515) 284–4728 Detroit Office Columbia Office Kansas City Office Patrick V. McNamara Federal Building, 477 Strom Thurmond Federal Building, 1835–45 Room 200, Gateway Tower II, 400 State Assembly Street, Columbia, SC 29201– Michigan Avenue, Detroit, MI 48226–2592, Avenue, Kansas City, KS 66101–2406, 2480, (803) 765–5592, TTY Number: (803) (313) 226–7900, TTY Number: (313) 226– (913) 551–5462, TTY Number: (913) 551– 253–3071 6899 6972 HUD—ATLANTA HUB Grand Rapids Office Omaha Office Atlanta Office Trade Center Building, 50 Louis Street, NW, Executive Tower Centre, 10909 Mill Valley Richard B. Russell Federal Building, 75 Third Floor, Grand Rapids, MI 49503– Road, Omaha, NE 68154–3955, (402) 492– Spring Street, S.W., Suite 600, Atlanta, GA 2648, (616) 456–2100, TTY Number: (616) 3100, TTY Number: (402) 492–3183 30303–3388, (404) 331–5136, TTY 456–2159 Number: (404) 730–2654 HUD—COLUMBUS HUB Saint Louis Office San Juan Office Columbus Office Third Floor, Robert A. Young Federal Edificio Administracion de Terrenos, 171 200 North High Street, 7th Floor, Columbus, Building, 1222 Spruce Street, St. Louis, Carlos Chardon Avenue, Suite 301, San OH 43215–2499, (614) 469–5737, TTY MO 63103–2836, (314) 539–6583, TTY Juan, PR 00918–0903, (787) 766–5400, TTY Number: (614) 469–6694 Number: (314) 539–6331 Number: (787) 776–5609 Cleveland Office Oklahoma City Office Louisville Office Renaissance Building, 1350 Euclid Avenue, 500 West Main Street, Suite 400, Oklahoma 601 West Broadway, P.O. Box 1044, Suite 500, Cleveland, OH 44115–1815, City, OK 73102–2233, (405) 553–7401, TTY Louisville, KY 40201–1044, (502) 582– (216) 522–4058, TTY Number: (216) 522– Number: 1–800–877–8339 5251, TTY Number: 1–800–648–6056 2261 HUD—DENVER HUB HUD—MINNEAPOLIS HUB Knoxville Office Denver Office Third Floor, John J. Duncan Federal Building, Minneapolis Office 633 17th Street, Denver, CO, 80202–3607, 710 Locust Street, Knoxville, TN 37902– 220 Second Street, South, Minneapolis, MN (303) 672–5440, TTY Number: (303) 672– 2526, (423) 545–4384, TTY Number: (423) 55401–2195, (612) 370–3000, TTY 5248 545–4559 Number: (612) 370–3186 HUD—SAN FRANCISCO HUB Nashville Office Milwaukee Office Phoenix Office Suite 200, 251 Cumberland Bend, Nashville, Suite 1380, Henry S. Reuss Federal Plaza, TN 37228–1803, (615) 736–5213, TTY 310 West Wisconsin Avenue, Milwaukee, Suite 1600, Two Arizona Center, 400 North Number: (615) 736–2886 WI 53203–2289, (414) 297–3214, TTY 5th Street, Phoenix, AZ 85004–2361, (602) HUD—JACKSONVILLE HUB Number: (414) 297–1423 379–4434, TTY Number: (602) 379–4464 SAN FRANCISCO OFFICE Jacksonville Office HUD—FT. WORTH HUB Suite 2200, Little Rock Office Philip Burton Federal Building and U.S. Courthouse, 450 Golden Gate Avenue, P.O. Southern Bell Tower, 301 West Bay Street, Suite 900, TCBY Tower, 425 West Capitol Jacksonville, FL 32202–5121, Box 36003, San Francisco, CA 94102–3448, Avenue, Little Rock, AR 72201–3488, (501) (415) 436–6550, TTY Number: (415) 436– (904) 232–2626, 324–5931, TTY Number: (501) 324–5931 TTY Number: (904) 232–2631 6594 New Orleans Office Birmingham Office HONOLULU OFFICE Ninth Floor, Hale Boggs Federal Building, Suite 500, 7 Waterfront Plaza, 500 Ala Moana Suite 300, Beacon Ridge Tower, 600 Beacon 501 Magazine Street, New Orleans, LA Parkway, West, Birmingham, AL 35209– Boulevard, Honolulu, HI 96813–4918, 70130–3099, (504) 589–7200, TTY (808) 522–8185, TTY Number: (808) 522– 3144, (205) 290–7617, TTY Number: (205) Number: (504) 589–7279 290–7624 8193 Ft. Worth Office Jackson Office HUD—LOS ANGELES HUB 801 N. Cherry Street, P.O. Box 2905, Fort Los Angeles Office Suite 910, Doctor A.H. McCoy Federal Worth, TX 76113–2905, (817) 978–9000, Building, 100 West Capitol Street, Jackson, TTY Number: (817) 978–9273 611 West 6th Street, Suite 800, Los Angeles, MS 39269–1096, (601) 965–4700, TTY CA 90017–3106, (213) 894–8000, TTY Number: (601) 965–4171 Houston Office Number: (213) 894–8133 D—CHICAGO HUB Suite 200, Norfolk Tower, 2211 Norfolk, HUD—SEATTLE HUB Houston, TX 77098–4096, (713) 313–2274, Chicago Office TTY Number: (713) 834–3274 Portland Office Ralph H. Metcalfe Federal Building, 77 West 400 Southwest Sixth Avenue, Suite 700, Jackson Boulevard, San Antonio Office Portland, OR 97204–1632, (503) 326–2561, Chicago, IL 60604–3507, Washington Square, 800 Dolorosa Street, San TTY Number: (503) 326–3656 (312) 353–5680, Antonio, TX 78207–4563, (210) 475–6800, TTY Number: (312) 353–5944 TTY Number: (210) 475–6885 BILLING CODE 4210±32±P

VerDate 162000 06:00 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00624 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9945

APPENDIX B The non-standard forms, which follow, are required for your Section 811 Program application.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00625 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9946 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00626 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9947

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00627 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9948 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00628 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9949

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00629 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9950 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00630 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9951

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00631 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9952 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00632 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9953

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00633 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9954 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00634 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9955

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00635 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9956 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00636 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9957

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00637 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9958 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00638 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9959

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00639 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9960 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00640 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9961

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00641 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00642 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9963

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00643 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00644 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9965

FUNDING AVAILABILITY FOR regardless of their type of disability. will be accepted at this address until MAINSTREAM HOUSING (See the definition of disabled family in 6:00 pm, Eastern time, on the OPPORTUNITIES FOR PERSONS Section IV(E) of this announcement.) application deadline. WITH DISABILITIES (MAINSTREAM The Mainstream Program vouchers must After 6:00 pm on the application PROGRAM) not be issued by the administering deadline date, applications will be accepted in the South Lobby of HUD Program Overview agency on the basis of any preference system favoring any particular type of Headquarters, 451 Seventh Street, SW, Purpose of the Program. The purpose disability over another, nor shall the Washington, DC 20410, until 12:00 of this program is to provide vouchers vouchers be issued solely on the basis midnight Eastern time. under the Section 8 Housing Choice of an administering agency’s waiting list Submit the second copy of your Voucher Program to enable persons with which is based on that agency’s having application to your local HUD Field disabilities (elderly and non-elderly) to heretofore served only certain types of Office Hub or local HUD Field Office rent affordable private housing. disabled persons. The Section 8 Program Center. A listing of HUD Field Available Funds. Approximately Housing Choice Voucher Program Offices is attached to the General $50.25 million in five-year budget regulations provide at 24 CFR Section of this SuperNOFA. authority for approximately 1,800 982.207(c) that a PHA may give For Application Kits. An application vouchers is available to public housing preference for admission of families that kit is not necessary for submitting an agencies (PHAs) and nonprofit disability include a person with disabilities; application in response to this organizations. however, the PHA may not give announcement. This announcement Applications are also being invited preference for admission of persons contains all the information necessary from PHAs for one-year budget with a specific disability. This for the submission of your application authority funding (non-Section 811 regulatory requirement is also for voucher funding for the Mainstream funds) that HUD anticipates may be Program. available for the Mainstream Program in applicable to nonprofit disability organizations who receive funding For Further Information and FY 2000. Specifically, any portion of the Technical Assistance. You may contact $40 million in one-year budget authority under this announcement as such organizations must comply with the George C. Hendrickson, Housing contained in FY 2000 appropriations Program Specialist, Room 4216, Office related to designated housing plans; Section 8 regulatory requirements applicable to the Section 8 Housing of Public and Assisted Housing preferences in occupancy for the elderly Delivery, Department of Housing and in certain types of Section 8 project- Choice Voucher Program. Application Deadline. July 18, 2000. Urban Development, 451 Seventh Street, based developments; or restrictions in Match. None SW, Washington, DC 20410; telephone occupancy to elderly only in certain (202) 708–1872, ext. 4064, or you may types of Section 202, Section 221(d)(3), Additional Information contact the Grants Management Center or Section 236 developments remaining If you are interested in applying for at (202) 358–0338. (These are not toll- unobligated will be added to the funding under the Mainstream Program, free numbers.) Persons with hearing or approximately $50.25 million in five- please review carefully the General speech impairments may access these year budget authority available under Section of this SuperNOFA and the numbers via TTY (text telephone) by this announcement. This one-year following additional information. calling the Federal Information Relay budget authority will be used only for Service at 1–800–877–8339 (this is a I. Application Due Date, Application non-elderly disabled families. toll-free number). Eligible Applicants. PHAs and Kits, Further Information and Prior to the application due date, nonprofit disability organizations that Technical Assistance George C. Hendrickson will be available provide services to disabled families are Application Due Date. Submit your to provide general guidance and eligible to apply for the $50.25 million completed application (an original and technical assistance about this in five-year budget authority for two copies) to HUD on or before 12:00 announcement. applications submitted in FY 2000. midnight, Eastern time, on July 18, Satellite Broadcast. HUD will hold an While PHAs and nonprofit disability 2000. information broadcast via satellite for organizations are eligible to apply for See the General Section of this potential applicants to learn more about the $50.25 million in five-year budget SuperNOFA for specific procedures the program and preparation of an authority available under this concerning the form of application application. For more information about announcement, only PHAs are eligible submission (i.e., mailed applications, the date and time of this broadcast, you to apply for the one-year budget express mail, overnight delivery, or should consult the HUD web site at authority that may also be available hand carried). www.hud.gov. under this announcement (see Section Address for Submitting Applications. II(A) of this announcement regarding Your completed application consists of II. Amount Allocated the possibility of one-year funding also one original and two copies. Submit (A) Available Funding for Mainstream being available for the Mainstream your original application and one copy Program. Approximately $50.25 million Program). Indian Housing Authorities to: Michael Diggs, Director, Grants in five-year funding is available for (IHAs), Indian tribes and their tribally Management Center, Department of approximately 1,800 vouchers. This designated housing entities are not Housing and Urban Development, 501 allocation is consistent with the FY eligible to apply because the Native School Street, SW, Suite 800, 2000 HUD Appropriations Act. The FY American Housing Assistance and Self- Washington, DC 20024. Applications 2000 HUD Appropriations Act provides Determination Act of 1996 does not which are hand carried or sent via that the Secretary of HUD may designate allow HUD to enter into new Section 8 overnight delivery service should be up to 25 percent of the amounts annual contributions contracts (ACC) delivered to this address. The Grants earmarked for capital advances with IHAs after September 30, 1997. Management Center is the official place including amendments to the capital The vouchers that HUD will provide of receipt for all applications in advance contracts for supportive under this announcement must be made response to this announcement of housing for persons with disabilities as available to eligible disabled families funding availability. Your application authorized by section 811 of the

VerDate 162000 06:00 Feb 24, 2000 Jkt 190000 PO 00000 Frm 00645 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9966 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Cranston-Gonzalez National Affordable housing is used for its intended purpose use by PHAs and nonprofit disability Housing Act (NAHA), for project rental for at least 40 years. The project rental organizations for both elderly and non- assistance, for amendments to contracts assistance funds cover the difference elderly disabled families. for project rental assistance and between the HUD-approved operating (2) Maximum Voucher Request. There supportive services associated with the expenses of the housing and the tenant’s is a limit on the number of rental housing for persons with disabilities as contribution towards rent which is 30 vouchers that may be requested. An authorized by section 811 of NAHA. percent of adjusted income. The types of eligible applicant may apply for a The FY 2000 HUD Appropriations Act housing that are typically developed maximum of 75 vouchers. No more than made $201 million available for the through the program are small group a grand total of 75 vouchers will be Section 811 Program. The $50.25 homes for no more than six persons, awarded to any applicant under the FY million made available to applicants independent living projects containing 2000 Mainstream Program. under this Mainstream Program funding individual apartment units for no more (3) Determination of Funding Amount announcement is no more than 25 than 18 persons, and condominium for the Applicant’s Requested Number percent of this $201 million. units. Sponsors are required to ensure of Vouchers. HUD will determine the All of the approximately $50.25 that residents have access to any amount of funding that an applicant million in funding is for use in the necessary supportive services but will be awarded under this housing of elderly and non-elderly cannot require the acceptance of such as announcement based upon an actual disabled families. HUD will supplement a condition of occupancy. Through the annual per unit cost using the following the Mainstream Program funding with FY 2000 Section 811 funding three step process: additional funding, up to as much as announcement in this SuperNOFA, a (a) HUD will extract the total $40 million in one-year budget authority total of $108,774,343 in capital advance expenditures for all the PHA’s Section for Section 8 vouchers for non-elderly funds to support the development of 8 tenant-based assistance programs and disabled families in support of 1,505 units has been allocated to 51 the unit months leased information from designated housing plans, for non- local HUD Field Offices. elderly disabled families who are not (C) Section 8 Voucher Funding. the most recent approved year end currently receiving housing assistance (1) Lottery. HUD will select statement (Form HUD–52681) that the in certain Section 8 project-based approvable applications for funding by PHA has filed with HUD. HUD will developments due to the owners lottery in the event approvable divide the total expenditures for all of establishing preferences for the applications are received for more the PHA’s Section 8 tenant-based admission of elderly families, and for funding than is available under this assistance programs by the unit months nonelderly disabled families not being Mainstream Program announcement. In leased to derive an average monthly per housed in certain section 202, section such event, a separate lottery will be unit cost. 221(d)(3) and section 236 developments held first to select applications for (b) HUD will multiply the monthly (or portions thereof) where the owners funding for the $50.25 million available per unit cost by 12 (months) to obtain have restricted occupancy to elderly in five-year budget authority available an annual per unit cost. families. The FY 2000 HUD under this announcement, and a (c) HUD will multiply the annual per Appropriations Act states that to the separate lottery will be held to select unit costs derived under paragraph (b) extent the Secretary determines that the applications for funding for whatever above by the Section 8 Housing FY 2000 appropriations related to amount of one-year budget authority Assistance Payments Program Contract designated housing plans and certain may be available during FY 2000 for the Rent Annual Adjustment Factor (with types of Section 8 project-based Mainstream Program. PHAs should the highest cost utility included) to developments and certain types of clearly indicate in their applications if generate an adjusted annual per unit section 202, section 221(d)(3) and they are applying for both five-year and cost. section 236 developments are not one-year funding in order to ensure Note: Applicants who do not currently needed to fund applications, the funds their inclusion in both lotteries. This administer a Section 8 certificate or voucher may be used for other non-elderly would allow the last selected program shall have their voucher funding disabled families. Any such remaining application (if a PHA) under the five- based upon the annual actual per unit costs funds will be used to supplement year funding lottery to be automatically of the PHA in their most immediate area funding for the Mainstream Program. As funded with one-year budget authority administering a Section 8 certificate or for the remaining number of vouchers voucher program, using the three step a result, as much as $40 million in one- process described immediately above. year budget authority may be available requested, but for which there was in additional funding in FY 2000 for the insufficient five-year budget authority at (4) Preliminary Fee. A preliminary fee Mainstream Program. the point the PHA was selected in the of up to $500 per unit for preliminary (B) Funding for the Section 811 five-year funding lottery. This would (start-up) expenses will be paid to Program. The Section 811 Program of also allow a PHA to be automatically applicants that have not previously Supportive Housing for Persons With included in the lottery for one-year administered their own Section 8 Disabilities provides capital advances budget authority funding if not fortunate tenant-based program that are selected and project rental assistance in FY 2000 enough to be selected for any funding in for funding under this announcement. elsewhere in this SuperNOFA. The the five-year budget authority lottery. The preliminary fee will be provided to Section 811 Program of Supportive PHAs applying for one-year funding such applicants only in their first year Housing for Persons With Disabilities must make it clear in their applications administering Section 8 vouchers. will provide funding to nonprofit that they have a sufficient number of (e) Underfunding Corrections. If prior organizations (sponsors) for the non-elderly disabled families to support to the award of Mainstream Program development and operation of small, the number of rental vouchers being funding under this announcement, HUD scattered-site housing to enable adults requested. As indicated earlier in this determines that any awardees under the with disabilities to live as announcement, one-year budget FY 1999 Mainstream Program NOFA independently as possible in the authority funding is for use by PHAs have been underfunded, HUD will community. The capital advance does solely for non-elderly disabled families, increase funding to the amount that the not need to be repaid as long as the whereas five-year budget authority is for awardee should have received.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00646 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9967

III. Program Description, Eligible service area. PHAs are being encouraged findings are those that would cast doubt Applicants and Eligible Participants to seek out nonprofit disability on the capacity of the PHA to effectively (A) Program Description. The organizations to assist in the administer any new Section 8 voucher Secretary has established a Mainstream administration of the Mainstream funding in accordance with applicable Housing Opportunities for Persons with vouchers due to such organizations’ HUD regulatory and statutory Disabilities Program (Mainstream capacity for assisting disabled families, requirements. Program) to provide vouchers to enable as well as their in-depth knowledge of (2) Nonprofit Disability Organization. persons with disabilities to rent the disability community. A private organization, no part of the affordable private housing of their (c) Some PHAs currently net earnings of which inures to the choice. administering the Section 8 rental benefit of any member, founder, The Mainstream Program will assist voucher and certificate programs have, contributor, or individual, that provides PHAs and non-profit disability at the time of publication of this services to persons with disabilities and organizations in providing Section 8 SuperNOFA, major program has received a federal tax-exempt vouchers to a segment of the population management findings from Inspector designation from the U.S. Internal recognized by HUD’s housing research General audits, HUD management Revenue Service. as having one of the worst housing reviews, or independent public (a) The nonprofit entity must: needs of any group in the United States; accountant (IPA) audits that are open (i) Have a voluntary board; i.e., very low-income households with and unresolved or other significant (ii) Be authorized by its charter or adults with disabilities. In addition, the program compliance problems. HUD State law to enter into a contract with Mainstream Program will assist persons will not accept applications for the Federal Government to provide with disabilities who often face additional funding from these housing assistance; difficulties in locating suitable and applicants as contract administrators if, (iii) Have a functioning accounting accessible housing on the private on the application due date, the findings system that is operated in accordance market. are either not closed, or sufficient with generally accepted accounting (B) Eligible Applicants. Public progress toward closing the findings has principles, or designate an entity that housing agencies (PHAs) and nonprofit not been made to HUD’s satisfaction. will maintain a functioning accounting disability organizations that provide The PHA must also, to HUD’s system for the organization in services to the disabled (as defined in satisfaction, be making satisfactory accordance with generally accepted Section IV(E) of this announcement) are progress in addressing any program accounting principles; and eligible applicants. Indian Housing compliance problems. If the PHA wants (iv) Practice nondiscrimination in the Authorities (IHAs), Indian tribes and to apply for funding under this provision of assistance. their tribally designated housing entities announcement, the PHA must submit an (b) A nonprofit disability organization are not eligible to apply for new application that designates another meeting the definition of a nonprofit increments of Section 8 funding because housing agency, nonprofit agency, or disability organization as defined in this the Native American Housing contractor, that is acceptable to HUD. Section III(B), and wishing to apply for Assistance and Self-Determination Act The PHA’s application must include an the funding available under this of 1996 does not allow HUD to enter agreement by the other housing agency, announcement must have the capacity into new Section 8 annual contributions nonprofit agency, or contractor to to: contracts (ACC) with IHAs after administer the new funding increment (i) Comply with the Section 8 September 30, 1997. on behalf of the PHA, and a statement Management Assessment Program (1) PHAs. that outlines the steps the PHA is taking (SEMAP) certification requirements (a) A PHA established pursuant to to resolve the program findings and under 24 CFR part 985. State law may apply for funding under program compliance problems. (ii) Carry out such Section 8 and this announcement. A regional (multi- Immediately after the publication of this SEMAP specific related activities as county) or State PHA is eligible to apply SuperNOFA, the Office of Public making determinations as to rent for funding. Housing in the local HUD Field Office reasonableness, performing housing (b) PHAs are encouraged to involve will notify, in writing, those PHAs that quality standards (HQS) inspections and nonprofit disability organizations that are not eligible to apply without such an enforcement, conducting annual provide services to disabled families, as agreement. Concurrently, the local HUD reexaminations of participant families, defined in Section III(B)(2) of this Field Office will provide a copy of each as well as otherwise meeting Section 8 announcement, in the administration of such written notification to the Grants program requirements under 24 CFR the Mainstream Program’s vouchers. Management Center. The PHA may parts 887 and 982. (i) Such nonprofit disability appeal the decision in writing, if HUD (iii) Manage the Section 8 Mainstream organizations could function as either a has mistakenly classified the PHA as Program vouchers in a manner contract administrator for the PHA’s having outstanding management or equivalent to an overall performance Section 8 Mainstream vouchers, or as a compliance problems. Any appeal must rating under SEMAP (24 CFR part 985) subcontractor responsible for providing be accompanied by conclusive evidence of ‘‘standard’’ during the first fiscal year case management services or assisting of HUD’s error and must be received of its receiving Mainstream Program disabled families to locate suitable prior to the application deadline. The funding. housing, gain access to supportive appeal should be submitted to the local (iv) Administer rental housing services, or identify private funding HUD Field Office where a final programs or manage rental housing, as sources to cover the costs of unit determination shall be made. The local demonstrated by a specific list of rental modifications needed as a reasonable HUD Field Office shall, concurrent with housing programs the nonprofit accommodation. its response to the PHA, provide the disability organization has administered (ii) Such contractual arrangements Grants Management Center with a copy or the rental housing the organization must, however, ensure equal of its written response to the appeal, has managed (e.g. private rental opportunity among the wide variety of along with a copy of the PHA’s written housing, HUD or State-related housing disabled populations in the PHA’s appeal. Major program management programs, etc.).

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00647 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9968 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

Nonprofit disability organizations are (1) Section 8 regulations. Applicants condition of participation or continued encouraged to seek out PHAs in their must administer the Mainstream occupancy in the program. geographic area to develop cooperative Program in accordance with HUD (2) Identify public and private contractual relationships under the regulations and requirements governing funding sources to assist participants in Mainstream Program, and to enhance the Section 8 Housing Choice Voucher covering the costs of modifications that services to disabled families. In addition Program. need to be made to their units as a to contacting local PHAs, nonprofit (2) Section 8 admission requirements. reasonable accommodation for their disability organizations may also wish Section 8 assistance must be provided to disabilities. to contact regional (multi-county), or eligible applicants in conformity with (3) Not deny persons who qualify for state-wide PHAs who may be applying regulations and requirements governing rental assistance under this program for Mainstream Program funding. the Section 8 Housing Choice Voucher other housing opportunities, or (C) Eligible Participants. Only a Program and the PHA’s administrative otherwise restrict access to PHA or disabled family that is income eligible plan. nonprofit disability organization under 24 CFR 982.201(b) may receive a If there is ever an insufficient pool of programs to eligible applicants who voucher awarded under the Mainstream disabled families on the PHA’s or choose not to participate. Program. While elderly and non-elderly nonprofit disability organization’s (4) Provide Section 8 search disabled families are eligible to receive Section 8 waiting list, the PHA or assistance. a voucher awarded to a PHA or nonprofit disability organization shall (5) In accordance with regulatory nonprofit disability organization using conduct outreach to encourage eligible guidance, provide higher rents to five-year budget authority under this persons to apply for this special owners necessary for the provision of announcement, only non-elderly allocation of rental vouchers. Outreach accessible units and structural disabled families are eligible to receive may include contacting independent modifications for persons with a voucher awarded to a PHA using one- living centers, advocacy organizations disabilities. (6) Provide technical assistance to year budget authority that may be for persons with disabilities, and owners for making reasonable available for the Mainstream Program medical, mental health, and social accommodations or making units under this announcement. Applicants service providers for referrals of persons with disabilities will be selected from accessible to persons with disabilities. receiving such services who would (E) Definitions. The following the PHA’s or nonprofit disability benefit from Section 8 assistance. If the organization’s Section 8 waiting list. definitions apply. PHA’s or nonprofit disability (1) Disabled Family. A family whose IV. Program Requirements and organization’s Section 8 waiting list is head, spouse, or sole member is a Definitions closed, and if the PHA or nonprofit person with disabilities. The term disability organization has insufficient In addition to the civil rights ‘‘disabled family’’ may include two or applicants on its Section 8 waiting list more persons with disabilities living compliance and nondiscrimination to use all awarded vouchers under this requirements listed in the General together, and one or more persons with announcement, the PHA or nonprofit disabilities living with one or more live- Section of this SuperNOFA, grantees disability organization shall open the must meet the following program in aides. A disabled family may include waiting list for applications from a person with disabilities who is requirements: disabled families. (A) Affirmatively Furthering Fair elderly. (Note: This definition applies to (3) Turnover. When a voucher under Housing. Each successful applicant will the approximately $50.25 million in this announcement becomes available have a duty to affirmatively further fair five-year budget authority available for reissue (e.g., the family initially housing. Applicants will be required to under the Mainstream Program, as well selected for the program drops out of the identify the specific steps that they will as to any one-year budget authority that program or is unsuccessful in the search take to: may be available. This definition shall for a unit), the rental assistance may be (1) Address the elimination of be modified, however, to be limited used only for another individual or impediments to fair housing that were solely to non-elderly disabled families family eligible for assistance under this identified in the jurisdiction’s Analysis (families whose head, spouse or sole announcement for five years for the five- of Impediments (AI) to Fair Housing member is disabled and under the age year funding or for one year for the one- Choice; of 62) regarding any funding available (2) Remedy discrimination in year funding under this announcement and awarded from the approximately housing; or from the date the rental assistance is $40 million in FY 2000 for designated (3) Promote fair housing rights and placed under an annual contributions housing allocation plans, or in fair housing choice. contract (ACC). connection with certain Section 8 Further, applicants have a duty to (D) PHA and Nonprofit Disability project-based developments or certain carry out the specific activities cited in Organization Responsibilities. In section 202, section 221(d)(3) or section their responses under this addition to the responsibilities under 236 developments. See Section II(A) of announcement to address affirmatively the Section 8 Housing Choice Voucher this announcement regarding the furthering fair housing. Program and HUD regulations possibility of additional Mainstream (B) Certifications and Assurances. concerning nondiscrimination based on Program funding during FY 2000 Each applicant is required to submit disability (24 CFR 8.28) and to beyond the approximately $50.25 signed copies of Assurances and affirmatively further fair housing, PHAs million available as announced under Certifications. The standard Assurances and nonprofit disability organizations this announcement.) and Certifications are on Form HUD– that receive voucher funding shall: (2) Person with disabilities. A person 52515, Funding Application, which (1) Where requested by an individual, who— includes the Equal Opportunity assist program participants to gain (a) Has a disability as defined in Certification, Certification Regarding access to supportive services available section 223 of the Social Security Act Lobbying, and Certification Regarding within the community, but not require (42 U.S.C. 423), or Drug-Free Workplace Requirements. eligible applicants or participants to (b) Is determined to have a physical, (C) Voucher Assistance Requirements. accept supportive services as a mental or emotional impairment that:

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00648 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9969

(i) Is expected to be of long-continued (Nonprofit disability organizations are currently manage a Section 8 tenant- and indefinite duration; not eligible to apply for the one-year based program, the nonprofit disability (ii) Substantially impedes his or her budget authority that may be available organization shall fill in Section B, ability to live independently; and under this announcement.) All Proposed Assisted Dwelling Units, of (iii) Is of such a nature that such applicants identified by the Grants the form HUD–52515, by either basing ability could be improved by more Management Center as having submitted the numbers the organization enters in suitable housing conditions, or technically adequate and responsive this section on information requested (c) Has a developmental disability as applications will be included in the from the nearest public housing agency, defined in section 102 of the lottery. As applicants are selected, the based upon its Section 8 waiting list, or Developmental Disabilities Assistance cost of funding the applications will be based upon information from local and Bill of Rights Act (42 U.S.C. subtracted from the funds available. In advocacy groups and local public and 6001(5)). order to achieve geographic diversity, private service agencies familiar with The term ‘‘person with disabilities’’ HUD Headquarters will limit the the needs of elderly and non-elderly does not exclude persons who have the number of applications selected for persons with disabilities, census data, disease of acquired immunodeficiency funding from any State to 10 percent of and pertinent information from the syndrome (AIDS) or any conditions the budget authority available for the Consolidated Plan applicable to the arising from the etiologic agent for Mainstream Program. The 10 percent applicant’s jurisdiction. Section C, acquired immunodeficiency syndrome limit shall be applied first during the Average Monthly Adjusted Income, (HIV). lottery for the five-year funding and should be left blank. Section F, New HA Note: While the above definition of a shall continue over into the lottery for Information, requires information on ‘‘person with disabilities’’ is to be used for any one-year funding that may be Financial and Administrative Capability purposes of determining a family’s eligibility available. This, for instance, may result and Qualification as an HA. For for a Section 8 voucher under this in a State reaching the 10 percent limit Financial and Administrative announcement, the definition of a person prior to the start of the lottery for any Capability, a nonprofit disability with disabilities contained in section 504 of one-year funding that may be available, organization may reference that part of the Rehabilitation Act of 1973 and its and therefore any PHAs from that State its application addressing the implementing regulations must be used for would not be eligible for any further requirements for this program. For purposes of reasonable accommodations.) Mainstream funding. If establishing this Qualification as an HA, the nonprofit No individual shall be considered a geographic limit would result, however, disability organization should submit person with disabilities for the purpose in unreserved budget authority, HUD information validating its qualifications of determining eligibility solely on the may modify this limit to assure that all as a nonprofit disability organization as basis of any drug or alcohol available funds are used. defined in Section III(B)(2) of this dependence. Applications will be funded for the announcement. The submission of (3) Section 8 search assistance. total number of units requested by the enabling legislation is not required, but Assistance to increase access by applicant and recommended for a legal opinion supportive of the program participants to housing units in approval by the Grants Management applicant’s status as a nonprofit a variety of neighborhoods (including Center (not to exceed 75 units) in disability organization , as defined in areas with low poverty concentrations) accordance with this announcement. this program section of the SuperNOFA, and to locate and obtain units suited to When remaining budget authority is is required. their needs. insufficient to fund the last selected (B) Letter of Intent and Narrative. The V. Application Selection Process application in full, HUD Headquarters applicant must state in its cover letter to will fund that application to the extent the application whether the applicant After the Grants Management Center of the funding available, unless the will accept a reduction in the number of has screened and disapproved any applicant indicates that it will only vouchers, and the minimum number of applications found unacceptable for accept a higher number of units. In that vouchers the applicant will accept, further processing, the Grants event, the next selected application since the funding is limited and HUD Management Center will review all shall be one that has indicated a may only have enough funds to approve acceptable applications to ensure that willingness to accept the lesser amount a smaller amount than the number of they are technically adequate and of funding for the units available. vouchers requested. The maximum responsive to the requirements of this number of vouchers that an applicant VI. Application Submission announcement. HUD Headquarters will may apply for under this announcement Requirements fund all applications from PHAs and is limited to 75. The applicant should nonprofit disability organizations that (A) Form HUD–52515. All applicants also indicate whether or not the are recommended for funding by the must complete and submit Form HUD– applicant intends to enter into a Grants Management Center unless HUD 52515, Funding Application, for the contract with a nonprofit disability receives approvable applications for Section 8 Housing Choice Voucher organization or PHA to serve as the more funds than are available. If HUD Program (dated January 1996). This form contract administrator of the Section 8 receives approvable applications for includes all necessary certifications for Mainstream Program vouchers, or to more funds than are available, HUD will Fair Housing, Drug Free Workplace and otherwise provide services related to the select applicants to be funded by lottery. Lobbying Activities. Section C of the Mainstream Program. A separate lottery will be held first for form should be left blank. A copy of (C) Description of Need for those PHAs and nonprofit disability Form HUD–52515 is included in the Mainstream Program Rental Assistance. organizations seeking funding under the forms found in Appendix B to the The PHA’s and nonprofit disability five-year budget authority available General Section of the SuperNOFA. The organization’s application must under this announcement, and a form must be completed in its entirety, demonstrate a need for Mainstream separate lottery will next be held for with the exception of Section C, signed Program vouchers by providing those PHAs seeking funding under the and dated. information documenting that the one-year budget authority that may be In the instance of a nonprofit demand for housing for non-elderly and available under this announcement. disability organization that does not elderly persons with disabilities in

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00649 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9970 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices connection with a request for five-year this announcement must provide a compliance requirements of Section funding under this announcement certification stating that the applicant II(B) of the General Section of the would equal or exceed the requested can meet the capacity requirements SuperNOFA. number of vouchers. If the PHA is applicable to a nonprofit disability (b) The PHA has major program requesting one-year funding, the organization delineated in Section management findings in an Inspector demand for housing for non-elderly III(B)(2)(b) of this announcement. The General audit, HUD management disabled persons must be demonstrated certification must specifically list the review, or independent public as equalling or exceeding the number of four capacity requirements from that accountant (IPA) audit for its voucher or vouchers being requested. The applicant paragraph, and must specifically list the certificate programs that are not closed must assess and document the housing rental housing programs the nonprofit or on which satisfactory progress in need for elderly and non-elderly disability organization has administered resolving the findings is not being made; persons with disabilities using a range or the rental housing the nonprofit or program compliance problems for its of sources including, but not limited to: disability organization has managed. voucher or certificate programs on census data, information from the (F) Statement Regarding the Steps the which satisfactory progress is not being applicant’s waiting list (both public Applicant Will Take to Affirmatively made. The only exception to this housing and Section 8), statistics on Further Fair Housing. The areas to be category is if the PHA has been recent public housing admissions and addressed in the applicant’s statement identified under the policy established certificate and voucher use, data from should include, but necessarily be in Section III(B)(1)(c) of this local advocacy groups and local public limited to: announcement and the PHA makes and private service agencies familiar (1) Elimination of impediments to fair application with a designated contract with the housing needs of elderly and housing that were identified in the administrator. Major program non-elderly persons with disabilities, jurisdiction’s Analysis of Impediments management findings are those that and pertinent information from the (AI) to Fair Housing Choice; would cast doubt on the capacity of the Consolidated Plan [including the (2) Remedy discrimination in housing PHA to effectively administer any new Analysis of Impediments to Fair for persons with disabilities regardless Section 8 voucher funding in Housing Choice (AI)] applicable to the of race, color, religion, sex, familial accordance with applicable HUD applicant’s jurisdiction. (See 24 CFR status, national origin, or nature of regulatory and statutory requirements. 91.205(d).) The applicant’s disability; or (c) The PHA has failed to achieve a demonstrated need for vouchers must (3) Promote fair housing rights and lease-up rate of 90 percent for its clearly support need on the basis of only fair housing choice. combined certificate and voucher units non-elderly disabled families when (G) Program Summary. Provide a under contract for its fiscal year ending requesting one-year funding. This separate one paragraph statement in 1998. Category (c) may be passed, distinction is important, as any FY 2000 describing how the Mainstream Program however, if the PHA achieved a Mainstream Program funding that may vouchers will address the local housing combined certificate and voucher be available beyond the approximately needs of eligible disabled families in budget authority utilization rate of 90 $50.25 million under this renting decent, safe, and affordable percent or greater for its fiscal year announcement, must be used to assist housing. Describe, where applicable, ending in 1998. In the event the PHA is only non-elderly disabled families and how the vouchers will be used to unable to meet either of these will be available only to PHAs. (See expand existing housing choices, and percentage requirements, the PHA may Section II(A) of this announcement whether the applicant intends to use the still pass category (c) if the PHA submits regarding the possibility of substantially vouchers to establish or expand upon its information to the Grants Management more Mainstream Program funding existing partnerships with local Center, as part of its application, being available beyond the government, nonprofit agencies, or demonstrating that it was able to either approximately $50.25 million.) private industry groups. Also address increase its combined certificate and (D) Mainstream Program Operating any related notable local program voucher lease-up rate to 90 percent or Plan. The application must include a activities, best practices, or greater for its fiscal year ending in 1999, description of an adequate plan for accomplishments. or was able to increase combined operating a program to serve eligible certificate and voucher budget authority disabled families, including: VI. Corrections to Deficient utilization to 90 percent or more for its (1) A description of how the applicant Applications fiscal year ending in 1999. PHAs that will carry out its responsibilities under (A) Acceptable Applications. The have been determined by HUD to have 24 CFR 8.28 to assist recipients in General Section of the SuperNOFA passed either the 90 percent lease-up, or locating units with needed accessibility provides the procedures for corrections 90 percent budget authority utilization features; and to deficient applications. requirement for their fiscal year ending (2) A description of how the applicant (B) Unacceptable Applications. in 1998 will be listed on the HUD Home will identify private or public funding (1) After the 14-calendar day technical Page site on the Internet’s world wide sources to help participants cover the deficiency correction period (as web (http://www.hud.gov). A PHA not costs of modifications that need to be provided in the General Section), the listed must either submit information in made to their units as reasonable Grants Management Center will its application supportive of its 90 accommodations to their disabilities. disapprove all applications that the percent lease-up or 90 percent budget (3) A description of how the applicant Grants Management Center determines authority utilization performance for its will use a nonprofit disability are not acceptable for processing. The fiscal year ending in 1999, or submit organization or PHA (if any) to assist in notification of rejection letter will state information as part of its application the administration of the Section 8 the basis for the decision. supportive of its contention that it Mainstream Program. (2) Applications that fall into any of should have been included among those (E) Certification Applicable to the following categories will not be PHAs HUD listed on the HUD Home Nonprofit Disability Organizations. A processed: Page as having achieved either a 90 nonprofit disability organization (a) Applications that do not meet the percent lease-up rate or 90 percent applying for funding available under threshold fair housing and civil rights budget authority utilization rate for

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00650 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9971 fiscal years ending in 1998. Appendix A (g) The application was not submitted this announcement of funding to this program section indicates the to the official place of receipt as availability is also categorically methodology and data sources used by indicated in the paragraph entitled excluded from environmental review HUD to calculate the lease-up and ‘‘Address for Submitting Applications’’ under NEPA. budget authority utilization percentage at the beginning of this announcement. rates for PHAs with fiscal years ending (h) The applicant has been debarred VIII. Authority in 1998. Any PHA wishing to submit or otherwise disqualified from Authority for the approximately information to the Grants Management providing assistance under the program. $50.25 million in 5-year budget Center in connection with its 1998 fiscal VII. Environmental Requirements year or 1999 fiscal year for the purposes authority available for the Mainstream described immediately above (so as to In accordance with 24 CFR Program under this announcement be eligible under category (c) to submit 50.19(b)(11) of the HUD regulations, (general use rental assistance for an application) will be required to use tenant-based rental activities under this persons with disabilities) is found in the the same methodology and data sources program are categorically excluded from Departments of Veterans Affairs and indicated in Appendix A. the requirements of the National Housing and Urban Development, and (d) The PHA is involved in litigation Environmental Policy Act of 1969 Independent Agencies Appropriations and HUD determines that the litigation (NEPA) and are not subject to Act, FY 2000 (Pub.L. 106–74, approved may seriously impede the ability of the environmental review under the related October 20, 1999). The FY 2000 HUD PHA to administer the vouchers. laws and authorities. This Appropriations Act states that the (e) An application that does not announcement of funding availability Secretary may designate up to 25 comply with the requirements of 24 CFR provides funding for these activities percent of the amounts earmarked for 982.102 and this program section after under 24 CFR part 982, which does not section 811 of the National Affordable the expiration of the 14-calendar day contain environmental review Housing Act of 1990 (42 U.S.C. 8013) for provisions because of the categorical technical deficiency correction period tenant-based assistance, as authorized exclusion of these activities from will be rejected from processing. under that section. (f) The application was submitted environmental review. Accordingly, after the application due date. under 24 CFR 50.19(c)(5), issuance of BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00651 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9972 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00652 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9973

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00653 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9974 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00654 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9975

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00655 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00656 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9977

FUNDING AVAILABILITY FOR original application and one copy to: budget authority is available to provide RENTAL ASSISTANCE FOR NON- Michael Diggs, Director, Grants assistance to approximately 3,600 non- ELDERLY PERSONS WITH Management Center, Department of elderly disabled families (who are not DISABILITIES RELATED TO CERTAIN Housing and Urban Development, 501 currently receiving housing assistance TYPES OF SECTION 8 PROJECT- School Street, SW, Suite 800, in certain Section 8 project-based BASED DEVELOPMENTS AND Washington, DC 20024. Applications developments due to the owners SECTIONS 202, 221(d)(3) AND 236 which are hand carried or sent via establishing a preference for the DEVELOPMENTS overnight delivery service should be admission of elderly families, and for delivered to this address. The Grants non-elderly disabled families not being Program Overview Management Center is the official place housed in certain Section 202, Section Purpose of the Program. The purpose of receipt for all applications in 221(d)(3) and Section 236 developments of this program is to provide vouchers response to this announcement of or portions thereof where the owners to non-elderly disabled families who are funding availability. Your application have restricted occupancy to elderly not currently receiving housing will be accepted at this address on the families). assistance in certain Section 8 project- application deadline until 6:00 pm In the event approvable applications based developments due to the owners Eastern time. After 6:00 pm on the are received for more than the establishing preferences for the application deadline, applications will approximately $20 million announced admission of elderly families, or in be accepted in the South Lobby of HUD as available under this announcement, certain types of Section 202, Section Headquarters, 451 Seventh Street, SW, funds will be transferred from the 221(d)(3), or Section 236 developments Washington, DC 20410, until 12:00 approximately $20 million available where the owners are restricting midnight Eastern time. under the funding announcement for occupancy in the developments (or A copy of your application should Rental Assistance for Non-Elderly portions thereof) to elderly families. The also be sent to your local HUD Field Persons with Disabilities in Support of vouchers will enable non-elderly Office Hub or local HUD Field Office Designated Housing Plans program to disabled families to rent affordable Program Center. A listing of HUD Field the extent funds remain unobligated housing. Offices is attached to the General after funding all approvable Available Funds. Approximately $20 Section of this SuperNOFA. applications under that announcement. million in one-year budget authority for For Application Kits. An application Any funding remaining unobligated approximately 3,600 Section 8 kit is not necessary for submitting an under this announcement providing vouchers. application in response to this assistance for non-elderly persons with Eligible Applicants. Public housing announcement. This announcement disabilities related to certain agencies (PHAs). Indian Housing contains all the information necessary developments will be used first to fund Authorities (IHAs), Indian tribes and for the submission of your application any approval applications under the their tribally designated housing entities for voucher funding under this announcement for Rental Assistance for are not eligible to apply because the announcement. Non-Elderly Persons with Disabilities in Native American Housing Assistance For Further Information and Support of Designated Housing Plans, and Self-Determination Act of 1996 does Technical Assistance. You may contact for which there may be insufficient not allow HUD to enter into new George C. Hendrickson, Housing funds. Any funds still remaining Section 8 annual contributions contracts Program Specialist, Room 4216, Office unobligated will be used to fund any (ACC) with IHAs after September 30, of Public and Assisted Housing approvable applications under the 1997. Delivery, Department of Housing and announcement for Mainstream Housing Urban Development, 451 Seventh Street, Opportunities for Persons with Application Deadline. June 20, 2000. SW, Washington, DC 20410; telephone Disabilities for which there are Match. None (202) 708–1872, ext. 4064, or you may insufficient funds. contact the Grants Management Center (B) Voucher Funding, Preliminary Additional Information at (202) 358–0338. (These are not toll- Fees and Underfunding Corrections. If you are interested in applying for free numbers.) Persons with hearing or (1) Voucher Funding. funding under this program, please speech impairments may access these (a) Maximum Voucher Request. PHAs review carefully the General Section of numbers via TTY (text telephone) by are limited to applying for no more than this SuperNOFA and the following calling the Federal Information Relay a maximum of 200 units (vouchers). A additional information. Service at 1–800–877–8339 (this is a PHA may apply only for the number of units needed to house: I. Application Due Date, Application toll-free number). Prior to the application due date, (i) Those non-elderly disabled Kits, Further Information and families who are on the waiting list of Technical Assistance George C. Hendrickson will be available to provide general guidance and an owner of a Section 8 project-based Application Due Date. Submit your technical assistance about this development identified in this original and two copies of your announcement. announcement where the owner elected completed application to HUD on or Satellite Broadcast. HUD will hold an to provide preferences to elderly before 12:00 midnight, Eastern time, on information broadcast via satellite for families and to house other non-elderly June 20, 2000. potential applicants to learn more about disabled families residing in the See the General Section of this the program and preparation of an community who would qualify for one- SuperNOFA for specific procedures application. For more information about or zero-bedroom units; or concerning the form of application the date and time of this broadcast, you (ii) Those non-elderly disabled submission (e.g., mailed applications, should consult the HUD web site at families who are on the waiting list of, express mail, overnight delivery, or www.hud.gov. or are otherwise residing in the hand carried). community, but in either instance are Address for Submitting Applications. II. Amount Allocated not being housed in certain assisted Your completed application consists of (A) Available Funding. housing developments listed in this an original and two copies. Submit your Approximately $20 million in one-year announcement where the owners have

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00657 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9978 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices restricted occupancy in the non-elderly disabled families who are Agency under section 236 of the developments (or portion thereof) to not currently receiving housing National Housing Act. elderly. Non-elderly disabled families in assistance in certain Section 8 project- (B) Eligible Applicants. this second category would also need to based developments due to the owners (1) A PHA established pursuant to qualify for one-or zero bedroom units. establishing preferences for the State law may apply for funding under Note: The PHA may apply for a two- admission of elderly families, or in this announcement. A regional (multi- bedroom unit under this Section I(B) in such certain types of Section 202, Section county) or State PHA is eligible to apply instances where a non-elderly disabled 221(d)(3), or Section 236 developments for funding. Indian Housing Authorities family requires the extra bedroom for where the owners are restricting (IHAs), Indian tribes and their tribally purposes of a live-in aide, or for medical occupancy in the developments (or designated housing entities are not equipment. portions thereof) to elderly families. The eligible to apply because the Native (b) Determination of Funding Amount vouchers will enable non-elderly American Housing Assistance and Self- for the PHA’s Requested Number of disabled families to rent affordable Determination Act of 1996 does not Vouchers. HUD will determine the housing. The specific types of allow HUD to enter into new Section 8 amount of funding that you will be developments covered under these two annual contributions contracts (ACC) awarded under this announcement broad categories are as follows: with IHAs after September 30, 1997. based upon an actual annual per unit (1) Section 651 of the Housing and (2) Some PHAs currently cost using the following three step Community Development Act of 1992 administering the Section 8 voucher and process: (42 U.S.C. 13611 allowed owners of the certificate programs have, at the time of (i) HUD will extract the total following covered Section 8 project- publication of this SuperNOFA, major expenditures for all your Section 8 based developments (limited to only program management findings from tenant-based assistance programs and such developments originally designed Inspector General audits, HUD the unit months leased information from primarily for occupancy by elderly management reviews, or independent the most recent approved year end families) to provide preferences to public accountant (IPA) audits that are statement (form HUD–52681) that the open and unresolved or other significant PHA has filed with HUD. HUD will elderly families in selecting tenants for available assisted units in those program compliance problems. HUD divide the total expenditures for all of will not accept applications for your Section 8 tenant-based assistance projects: (a) Section 8 New Construction additional funding from these PHAs as programs by the unit months leased to Program, 24 CFR part 880; contract administrators if, on the derive an average monthly per unit cost. (b) Section 8 Substantial application due date, the findings are (ii) HUD will multiply the monthly Rehabilitation Program, 24 CFR part either not closed, or sufficient progress per unit cost by 12 (months) to obtain 881; toward closing the findings has not been an annual per unit cost. (c) State Housing Agencies Program made to HUD’s satisfaction. The PHA (iii) HUD will multiply the annual per must also, to HUD’s satisfaction, be unit cost derived under paragraph (ii) (insofar as involving new construction and substantial rehabilitation), 24 CFR making satisfactory progress in above by the Section 8 Housing addressing any program compliance Assistance Payments Program Contract part 883; (d) New Construction Set-Aside for problems. If the PHA wants to apply for Rent Annual Adjustment Factor (with Section 515 Rural Rental Housing funding under this announcement, the the highest utility included) to generate Projects Program, 24 CFR part 884; and PHA must submit an application that an adjusted annual per unit cost. (e) Section 8 Housing Assistance designates another housing agency, Note: If you do not currently administer a Program for the Disposition of HUD- nonprofit agency, or contractor, that is Section 8 certificate or voucher program your Owned Projects (insofar as involving acceptable to HUD. The PHA’s voucher funding will be based upon the application must include an agreement annual actual per unit costs of a PHA in your substantial rehabilitation), 24 CFR part most immediate area administering a Section 886, subpart C. by the other housing agency, nonprofit 8 certificate or voucher program, using the (2) Section 658 of the 1992 Act agency, or contractor to administer the three step process described immediately provides that an owner of a Federally new funding increment on behalf of the above. assisted project (or portion thereof) that PHA, and a statement that outlines the (2) Preliminary Fee. A preliminary fee was designed for occupancy for elderly steps the PHA is taking to resolve the of up to $500 per unit for preliminary families may continue to restrict program findings and the program (start-up) expenses will be paid to PHAs occupancy in such project (or portion) compliance problems. Immediately after that have not previously administered to elderly families in accordance with the publication of this SuperNOFA, the their own Section 8 tenant-based the rules, standards, and agreements local HUD Field Office will notify, in program that are selected for funding governing occupancy in such housing in writing, those PHAs that are not eligible under this announcement. The effect at the time of the development of to apply without such an agreement. preliminary fee will be provided to such the housing. The three types of assisted Concurrently, the local HUD Field PHAs only in their first year housing developments covered by Office will provide a copy of each such administering Section 8 vouchers. Section 658 are as follows: written notification to the Grants (3) Underfunding Corrections. If prior (a) Housing assisted under section 202 Management Center. The PHA may to the award of funding HUD of the Housing Act of 1959, as such appeal the decision in writing, if HUD determines that any awardees under the section existed before the enactment of has mistakenly classified the PHA as FY 1999 NOFA for the same purpose the National Affordable Housing Act having outstanding management or have been underfunded, HUD will (NAHA); compliance problems. Any appeal must increase funding to the amount that the (b) Housing financed by a loan or be accompanied by conclusive evidence awardee should have received. mortgage insured under section 221(d)3) of HUD’s error and must be received of the National Housing Act that bears prior to the application deadline. The III. Program Description, Eligible an interest rate determined under appeal should be submitted to the local Applicants, and Eligible Participants section 221(d)5); and HUD Field Office where a final (A) Program Description. This (c) Housing insured, assisted or held determination shall be made. program provides Section 8 vouchers to by the Secretary or a State or State Concurrently, the local HUD Field

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00658 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9979

Office shall provide the Grants Further applicants have a duty to (4) Provide Section 8 search Management Center with a copy of its carry out the specific activities cited in assistance. written response to the appeal, along their responses under this (5) In accordance with regulatory with a copy of the PHA’s written appeal. announcement to address affirmatively guidance, provide higher rent to owners Major program management findings are furthering fair housing. necessary for the provision of accessible those that would cast doubt on the (B) Certifications and Assurances. units and structural modifications for capacity of the PHA to effectively Each applicant is required to submit persons with disabilities. administer any new Section 8 voucher signed copies of Assurances and (6) Provide technical assistance to funding in accordance with applicable Certifications. The standard Assurances owners for making reasonable HUD regulatory and statutory and Certifications are on Form HUD– accommodations or making units requirements. 52515, Funding Application, which accessible to persons with disabilities. (C) Eligible Participants. Eligible includes the Equal Opportunity (E) Definitions. participants include non-elderly Certification, Certification Regarding (1) Elderly Family. A family whose disabled families who were on the Lobbying, and Certification Regarding head of household, spouse, or sole waiting list (at the time of the PHA’s Drug-Free Workplace Requirements. member is 62 years or older. application) of a covered development (C) Voucher Assistance Requirements. (2) Non-elderly Disabled Family. A identified in this announcement where (1) Section 8 regulations. PHAs must family who is not elderly, and whose the owner had exercised a preference for administer the Section 8 vouchers head, spouse, or sole member is a the admission of elderly families, or received under this announcement in person with disabilities. The term ‘‘non- restricted occupancy to elderly families, accordance with HUD regulations and elderly disabled family’’ may include respectively, at the time the PHA requirements governing the Section 8 two or more such persons with received the names of these families Housing Choice Voucher Program. disabilities living together, and one or from the owner of the development(s) (2) Section 8 admission requirements. more such persons with disabilities for purposes of requesting Section 8 Section 8 assistance must be provided to living with one or more persons who are rental vouchers in response to this eligible applicants in conformity with determined essential to the care and announcement. These non-elderly regulations and requirements governing well-being of the person or persons with disabled families need not be listed on the Section 8 Housing Choice Voucher disabilities (live-in aides). the PHA’s Section 8 waiting list in order Program and the PHA’s administrative (3) Person with Disabilities. A person to be offered and receive Section plan. who— assistance; i.e., it is sufficient that their (3) Turnover. When a voucher under (a) Has a disability as defined in names are on the waiting list for a this announcement becomes available section 223 of the Social Security Act covered development at the time their for reissue (e.g., the family initially (42 U.S.C. 423), or names are provided to the PHA by the selected for the program drops out of the (b) Is determined to have a physical, owner. Eligible participants also include program or is unsuccessful in the search mental or emotional impairment that: other non-elderly disabled families for a unit), the rental assistance may be (i) Is expected to be of long-continued residing in the community who would used only for another individual or and indefinite duration; qualify for a one-or zero-bedroom unit. family eligible for assistance under this (ii) Substantially impedes his or her (See the note in this announcement at announcement subject to appropriations ability to live independently; and the end of Section II(B) for those limited for renewal funding, from the date the (iii) Is of such a nature that such instances in which a PHA could also rental assistance is placed under an ability could be improved by more apply for funding for a two-bedroom annual contributions contract (ACC). suitable housing conditions, or (D) PHA Responsibilities. In addition unit.) Non-elderly disabled families (c) Has a developmental disability as to PHA responsibilities under the must be income eligible under 24 CFR defined in section 102 of the Section 8 Housing Choice Voucher 982.201(b) in order to receive a rental Developmental Disabilities Assistance Program and HUD regulations voucher. and Bill of Rights Act (42 U.S.C. concerning nondiscrimination based on 6001(5)). IV. Program Requirements and disability (24 CFR 8.28) and to The term ‘‘person with disabilities’’ Operations affirmatively further fair housing, PHAs does not exclude persons who have the that receive voucher funding shall: In addition to the civil rights disease of acquired immunodeficiency (1) Where requested by an individual, compliance and nondiscrimination syndrome (AIDS) or any conditions assist program participants to gain requirements listed in the General arising from the etiologic agent for access to supportive services available Section of this SuperNOFA, grantees acquired immunodeficiency syndrome within the community, but not require must meet the following program (HIV). requirements: eligible applicants or participants to (A) Affirmatively Furthering Fair accept supportive services as a Note: While the above definition of a condition of participation or continued ‘‘person with disabilities’’ is to be used for Housing. Each successful applicant will purposes of determining a family’s eligibility have a duty to affirmatively further fair occupancy in the program. for a Section 8 voucher under this housing. Applicants will be required to (2) Identify public and private announcement, the definition of a person identify the specific steps that they will funding sources to assist participants with disabilities contained in section 504 of take to: with disabilities in covering the costs of the Rehabilitation Act of 1973 and its (1) Address the elimination of modifications that need to be made to implementing regulations must be used for impediments to fair housing that were their units as a reasonable purposes of meeting the requirements of Fair identified in the jurisdiction’s Analysis accommodation for their disabilities. Housing laws, including providing of Impediments (AI) to Fair Housing (3) Not deny persons who qualify for reasonable accommodations. Choice; rental assistance under this program No individual shall be considered a (2) Remedy discrimination in other housing opportunities, or person with disabilities for the purpose housing; or otherwise restrict access to PHA of determining eligibility solely on the (3) Promote fair housing rights and programs to eligible applicants who basis of any drug or alcohol fair housing choice. choose not to participate. dependence.

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00659 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9980 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

(4) Section 8 Search Assistance. forms found in Appendix B to the unit.) The application must demonstrate Assistance to increase access by General Section of the SuperNOFA. The a need for vouchers by providing program participants to housing units in form must be completed in its entirety, information documenting that the a variety of neighborhoods (including with the exception of Section C, signed demand for housing for non-elderly areas with low poverty concentrations) and dated. disabled families would equal or exceed and to locate and obtain units suited to (B) Letter of Intent and Narrative. The the requested number of vouchers (not their needs. PHA must state in its cover letter to the to exceed 200). The PHA must assess application whether the PHA will and document the need using a range of V. Application Selection Process accept a reduction in the number of sources including, but not limited to: After the Grants Management Center vouchers, and the minimum number of census data, information from the PHA’s has screened all applications and vouchers the PHA will accept, since the waiting list (both public housing and disapproved any found unacceptable for funding is limited and HUD may only Section 8), statistics on recent public further processing, the Grants have enough funds to approve a smaller housing admissions and certificate and Management Center will review all amount than the number of vouchers voucher use, data from local advocacy remaining applications to ensure that requested. The maximum number of groups and local public and private they are technically adequate and vouchers that a PHA may apply for service agencies familiar with the responsive to the requirements under this announcement is limited to housing needs of non-elderly disabled identified in this program section of this 200. families, and pertinent information from SuperNOFA. (C) Demonstration of Need: the Consolidated Plan (including the HUD Headquarters will fund on a Certification/Waiting List Information Analysis of Impediments to Fair first-come, first-serve basis all and Other Non-Elderly Disabled Housing Choice) applicable to the approvable applications that are Families Residing in the Community. In PHA’s jurisdiction. (See 24 CFR recommended for funding by the Grants order to support the number of vouchers 91.205(d).) Management Center, based upon the being requested on the form HUD– (D) Statement Regarding the Steps the date and time the application is 52515, the PHA’s application must PHA Will Take to Affirmatively Further received in the Grants Management include: Fair Housing. The areas to be addressed Center. As applications are selected, the (1) A certification from the owner of in the PHA’s statement should include, cost of funding the applications will be a covered development (see the different but not necessarily be limited to: subtracted from the funds available. In types of covered developments listed in (1) Elimination of impediments to fair the event approvable applications are Section III(A)(1) and (2) of this housing that were identified in the received for more than the announcement), stating the specific type jurisdiction’s Analysis of Impediments approximately $20 million available of covered development, preferences are (AI) to Fair Housing Choice; funds will be transferred from the provided to elderly families in selecting (2) Remedy discrimination in housing approximately $20 million available tenants (Section 8 project-based for persons with disabilities regardless under the Rental Assistance for Non- developments) or occupancy in the of race, color, religion, sex, familial elderly Persons with Disabilities in development is restricted to elderly status, national origin, or nature of Support of Designated Housing Plans families (assisted housing disability; or program to the extent such funds have developments), and the number of non- (3) Promote fair housing rights and not been obligated under that program elderly disabled families on the owner’s fair housing choice. for approvable applications. waiting list for the development. (PHAs (E) Program Summary. Provide a Applications will be funded for the total may contact the local HUD Field separate one paragraph statement number of units requested and Office’s Director, Multifamily Division, describing how the vouchers being recommended for approval by the to get the addresses and telephone applied for will address the local Grants Management Center. When numbers of the developments falling housing needs of eligible disabled remaining budget authority is under Section III(A)(1) and (2) in this families in renting decent, safe, insufficient to fund the last selected announcement. The PHA will then need affordable housing. Describe, where application in full the Grants to contact the management/owners of applicable, how the vouchers will be Management Center will fund that these developments within their used to expand existing housing application to the extent of the funding jurisdiction to verify that the choices, and whether the PHA intends available, unless the application development is a covered development. to use the vouchers to establish or indicates that the PHA will only accept Owners of covered developments are expand upon its existing partnerships a higher number of units. In that event, encouraged to cooperate with PHAs and with local government, nonprofit HUD will fund the next selected provide the required certification (if agencies, or private industry groups. application that has indicated a applicable) in a timely manner, along Also address any related notable local willingness to accept the lesser amount with the names, addresses and program activities, best practices, or of funding for units available. telephone numbers of those families on accomplishments. the development’s waiting list that are VII. Application Submission non-elderly disabled families.) VII. Corrections to Deficient Requirements (2) PHAs must also submit Applications (A) Form HUD–52515. All PHAs must information supportive of the number of (A) Acceptable Applications. The complete and submit form HUD–52515, other non-elderly disabled families General Section of the SuperNOFA Funding Application, for the Section 8 residing in the community who would provides the procedures for corrections Housing Choice Voucher Program qualify for one-bedroom or zero- to deficient applications. (dated January 1996). This form bedroom units (not on the waiting lists (B) Unacceptable Applications. includes all necessary certifications for of covered developments). (See the note (1) After the 14-calendar day technical Fair Housing, Drug Free Workplace and at the end of Section II(B) of this deficiency correction period (as Lobbying Activities. Section C of the announcement which identifies those provided in the General Section), the form should be left blank. A copy of limited instances in which a PHA may Grants Management Center will Form HUD–52515 is included in the apply for funding for a two-bedroom disapprove all applications that the

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00660 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9981

Grants Management Center determines utilization to 90 percent or more for its VIII. Environmental Requirements are not acceptable for processing. The fiscal year ending in 1999. PHAs that In accordance with 24 CFR 50.19(b) notification of rejection letter will state have been determined by HUD to have (11) of the HUD regulations, tenant- the basis for the decision. passed either the 90 percent lease-up, or based rental activities under this (2) Applications that fall into any of 90 percent budget authority utilization program are categorically excluded from the following categories will not be requirement for their fiscal year ending the requirements of the National processed: in 1998 will be listed on the HUD Home (a) Applications that do not meet the Environmental Policy Act of 1969 Page site on the Internet’s world wide (NEPA) and are not subject to threshold fair housing and civil rights web (http://www.hud.gov). A PHA not compliance requirements of Section environmental review under the related listed must either submit information in laws and authorities. This II(B) of the General Section of the its application supportive of its 90 SuperNOFA announcement provides funding for percent lease-up or 90 percent budget these activities under 24 CFR part 982, (b) The PHA has major program authority utilization performance for its management findings in an Inspector which does not contain environmental fiscal year ending in 1999, or submit review provisions because of the General audit, HUD management information as part of its application review, or independent public categorical exclusion of these activities supportive of its contention that it from environmental review. accountant (IPA) audit for its voucher or should have been included among those certificate programs that are not closed Accordingly, under 24 CFR 50.19(c)(5), PHAs HUD listed on the HUD Home issuance of this announcement is also or on which satisfactory progress in Page as having achieved either a 90 resolving the findings is not being made; categorically excluded from percent lease-up rate or 90 percent environmental review under NEPA. or program compliance problems for its budget authority utilization rate for voucher or certificate programs on fiscal years ending in 1998. Appendix A IX. Authority which satisfactory progress is not being to this program section indicates the Authority for this program is found in made. The only exception to this methodology and data sources used by category is if the PHA has been the Departments of Veteran’s Affairs and HUD to calculate the lease-up and Housing and Urban Development, and identified under the policy established budget authority utilization percentage in Section III(B)(2) of this Independent Agencies Appropriations rates for PHAs with fiscal years ending Act, FY 2000 (Pub.L. 106–74, approved announcement and the PHA makes in 1998. Any PHA wishing to submit application with a designated contract October 20, 1999). This FY 2000 information to the Grants Management Appropriations Act authorized administrator. Major program Center in connection with its 1998 fiscal management findings are those that appropriations for Section 8 vouchers to year or 1999 fiscal year for the purposes assist non-elderly disabled families would cast doubt on the capacity of the described immediately above (so as to PHA to effectively administer any new affected by the establishment of be eligible under category (c) to submit preferences in accordance with section Section 8 voucher funding in an application) will be required to use accordance with applicable HUD 651 of the Housing and Community the same methodology and data sources Development Act of 1992, or the regulatory and statutory requirements. indicated in Appendix A. (c) The PHA has failed to achieve a restriction of occupancy to elderly (d) The PHA is involved in litigation families in accordance with section 658 lease-up rate of 90 percent for its and HUD determines that the litigation combined certificate and voucher units of the Act. The FY 2000 Appropriations may seriously impede the ability of the Act also allows the Secretary to transfer under contract for its fiscal year ending PHA to administer the vouchers. in 1998. Category (c) may be passed, any unobligated funds for this purpose however, if the PHA achieved a (e) An application that does not to assist non-elderly disabled families to combined certificate and voucher comply with the requirements of 24 CFR the extent they are not needed under budget authority utilization rate of 90 982.102 and this program section after Sections 651 and 658 for such families. percent or greater for its fiscal year the expiration of the 14-calendar day Therefore, any funds remaining ending in 1998. In the event the PHA is technical deficiency correction period unobligated under this program section unable to meet either of these will be rejected from processing. of this SuperNOFA will be used first to percentage requirements, the PHA may (f) The application was submitted fund any approvable applications under still pass category (c) if the PHA submits after the application due date. the Rental Assistance for Non-Elderly information to the Grants Management (g) The application was not submitted Persons With Disabilities in Support of Center, as part of its application, to the official place of receipt as Designated Housing Plans program for demonstrating that it was able to either indicated in the paragraph entitled which there are insufficient funds. increase its combined certificate and ‘‘Address for Submitting Applications’’ Thereafter, any funds still remaining voucher lease-up rate to 90 percent or at the beginning of this announcement. unobligated will be used to fund greater for its fiscal year ending in 1999, (h) The applicant has been debarred applications under the Mainstream or was able to increase combined or otherwise disqualified from Program in the SuperNOFA. certificate and voucher budget authority providing assistance under the program. BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00661 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9982 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00662 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9983

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00663 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00664 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9985

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00665 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00666 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9987

FUNDING AVAILABILITY FOR See the General Section of this to provide general guidance and RENTAL ASSISTANCE FOR NON- SuperNOFA for specific procedures technical assistance about this ELDERLY PERSONS WITH concerning the form of application announcement. DISABILITIES IN SUPPORT OF submission (e.g., mailed applications, Satellite Broadcast. HUD will hold an DESIGNATED HOUSING PLANS express mail, overnight delivery, or information broadcast via satellite for hand carried). potential applicants to learn more about Program Overview • Address for Submitting the program and preparation of an Purpose of the Program. The purpose Applications. Your completed application. For more information about of the voucher funding being made application consists of an original and the date and time of this broadcast, you available under the Section 8 Housing two copies. Submit the original should consult the HUD web site at Choice Voucher Program through this application to Michael Diggs, Director, www.hud.gov. Grants Management Center, Department announcement is to enable non-elderly II. Amount Allocated families with disabilities to rent of Housing and Urban Development, affordable private housing. The 501 School Street, SW, Suite 800, (A) Available Funding. vouchers will assist public housing Washington, DC 20024. Applications Approximately $20 million in one-year agencies (PHAs) in providing sufficient which are hand carried or sent via budget authority is available for Section alternative resources to meet the overnight delivery service should be 8 rental vouchers for non-elderly housing needs of those non-elderly delivered to this address. The Grants disabled families in support of disabled families who would have been Management Center is the official place designated housing plans to designate housed by the PHA if occupancy in a of receipt for all applications in public housing for occupancy by elderly designated public housing project/ response to this announcement of families only, disabled families only, or building (or portion thereof) were not funding availability. Your application elderly families and disabled families restricted to elderly households, and will be accepted at this address until only. This funding is expected to assist PHAs who wish to continue to 6:00 pm, Eastern time, on the provide assistance to approximately designate their buildings as ‘‘mixed application deadline. 3,600 non-elderly disabled families. The FY 2000 HUD Appropriations Act elderly and disabled buildings’’ but can After 6:00 pm on the application allows the Secretary of HUD to transfer demonstrate a need for alternative deadline date, applications will be any unobligated funds for support of resources for non-elderly disabled accepted in the South Lobby of HUD designated housing plans to assist non- families. Headquarters, 451 Seventh Street, SW, elderly disabled families to the extent Available Funds. Approximately $20 Washington, DC 20410, until 12:00 they are not needed to fund approvable million in one-year budget authority for midnight Eastern time. Submit one copy of your application applications related to designated approximately 3,600 Section 8 concurrently to the Office of Public housing plans during FY 2000. vouchers. Housing, Special Application Center, Accordingly, any funds remaining Eligible Applicants. Public housing Room 2401, 77 West Jackson Boulevard, unobligated under this announcement agencies (PHAs). Indian Housing Chicago, IL 60604 (312–886–9754). will first be used to fund any approvable Authorities, Indian tribes and their Submit the second copy of your applications under HUD’s tribally designated housing entities are application to your local HUD Field announcement for Rental Assistance for not eligible to apply because the Native Office HUB or local HUD Field Office Non-Elderly Persons with Disabilities American Housing Assistance and Self- Program Center. A listing of HUD Field Related to Certain Types of Section 8 Determination Act of 1996 does not Offices is attached to the General Project-Based Developments and allow HUD to enter into new Section 8 Section of this SuperNOFA. Section 202, Section 221(d)(3) and annual contributions contracts (ACC) For Application Kits. An application Section 236 Developments, for which with IHAs after September 30, 1997. kit is not necessary for submitting an there are insufficient funds. Any funds Further, IHAs would not otherwise have application in response to this still remaining unobligated under this been eligible to apply under this announcement. This announcement announcement for funding in support of announcement because the contains all the information necessary designated housing plans shall be used requirements of section 7 of the U.S. for the submission of your application to fund any approvable applications Housing Act of 1937 (42 U.S.C. 1437e) for voucher funding under this under HUD’s announcement for regarding designated housing plan are announcement. Mainstream Housing Opportunities For not applicable to IHAs. For Further Information and Persons With Disabilities, for which Application Deadline. June 20, 2000. Technical Assistance. You may contact there are insufficient funds. Match: None. George C. Hendrickson, Housing (B) Voucher Funding. Program Specialist, Room 4216, Office (1) Maximum Voucher Request. A Additional Information of Public and Assisted Housing PHA may apply for only the number of If you are interested in applying for Delivery, Department of Housing and units needed to house those non-elderly funding under this program, please Urban Development, 451 Seventh Street, disabled families that otherwise would review carefully the General Section of SW, Washington, DC 20410; telephone have been housed if not for the this SuperNOFA and the following (202) 708–1872, ext. 4064, or you may designation of a project/building (or additional information. contact the Grants Management Center portion thereof) for occupancy by the I. Application Due Date, Application at (202) 358–0338. (These are not toll- elderly only. The size of the units Kits, Further Information and free numbers.) Persons with hearing or applied for must bear a direct Technical Assistance speech impairments may access these relationship to the size of the units numbers via TTY (text telephone) by designated. PHAs are limited to Application Due Date. Submit your calling the Federal Information Relay applying for no more than a maximum original and two copies of your Service at 1–800–877–8339 (this is a of 200 units (vouchers). completed application to HUD on or toll-free number). (2) Determination of Funding Amount before 12:00 midnight, Eastern time, on Prior to the application due date, for the PHA’s Requested Number of June 20, 2000. George C. Hendrickson will be available Vouchers. HUD will determine the

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00667 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9988 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices amount of funding that a PHA will be alternative housing resources for non- has mistakenly classified the PHA as awarded under this announcement elderly disabled families that is having outstanding management or based upon an actual annual per unit consistent with the jurisdiction’s compliance problems. Any appeal must cost using the following three-step Consolidated Plan and the low-income be accompanied by conclusive evidence process: housing needs of the jurisdiction. of HUD’s error and must be received (a) HUD will extract the total (B) Eligible Applicants. A PHA prior to the application deadline. The expenditures for all the PHA’s Section established pursuant to State law may appeal should be submitted to the local 8 tenant-based assistance programs and apply for funding under this HUD Field Office where a final the unit months leased information from announcement. A regional (multi- determination shall be made. the most recent approved year end county) or State PHA is eligible to apply Concurrently, the local HUD Field statement (form HUD–52681) that the for funding. Indian Housing Authorities Office shall provide the Grants PHA has filed with HUD. HUD will (IHAs), Indian tribes and their tribally Management Center with a copy of its divide the total expenditures for all of designated housing entities are not written response to the appeal, along the PHA’s Section 8 tenant-based eligible to apply because the Native with a copy of the PHA’s written appeal. assistance programs by the unit months American Housing Assistance and Self- Major program management findings are leased to derive an average monthly per Determination Act of 1996 does not those that would cast doubt on the unit cost. allow HUD to enter into new Section 8 capacity of the PHA to effectively (b) HUD will multiply the monthly annual contributions contracts (ACC) administer any new Section 8 voucher per unit cost by 12 (months) to obtain with IHAs after September 30, 1997. funding in accordance with applicable an annual per unit cost. Further, IHAs would not otherwise have HUD regulatory and statutory (c) HUD will multiply the annual per been eligible to apply under this requirements. unit cost derived, as provided in this announcement because the (C) Eligible Participants. Only non- announcement, by the Section 8 requirements of section 7 of the U.S. elderly disabled families that are Housing Assistance Payments Program Housing Act of 1937 (42 U.S.C. 1437e) income eligible under 24 CFR Contract Rent Annual Adjustment regarding designated housing plan are 982.201(b) and who live in public Factor (with the highest cost utility not applicable to IHAs. housing that has been designated for included) to generate an adjusted Some PHAs currently administering occupancy by the elderly, or non-elderly annual per unit cost. the Section 8 voucher and certificate disabled families who are on the PHA’s Note: Applicants who do not currently programs have, at the time of public housing waiting list, may receive administer a Section 8 certificate or voucher publication of this SuperNOFA, major a voucher awarded in conjunction with program shall have their voucher funding program management findings from an approved designated housing plan. based upon the actual annual per unit costs Inspector General audits, HUD Such families need not be listed on the of the PHA in their most immediate area management reviews, or independent PHA’s Section 8 waiting list in order to administering a Section 8 certificate or public accountant (IPA) audits that are be offered and receive a Section 8 voucher program, using the three step open and unresolved or other significant voucher. These families may be process described immediately above. program compliance problems. HUD admitted to the Section 8 program as a (3) Preliminary Fee. A preliminary fee will not accept applications for special admission (24 CFR 982.203). of up to $500 per unit for preliminary additional funding from these PHAs as (start-up) expenses will be paid to PHAs contract administrators if, on the IV. Program Requirements and that have not previously administered application due date, the findings are Definitions their own Section 8 tenant-based either not closed, or sufficient progress In addition to the civil rights program that are selected for funding toward closing the findings has not been compliance and nondiscrimination under this announcement. The made to HUD’s satisfaction. requirements listed in the General preliminary fee will be provided to such The PHA must also, to HUD’s Section of this SuperNOFA, grantees PHAs only in their first year satisfaction, be making satisfactory must meet the following program administering Section 8 vouchers. progress in addressing any program requirements: (A) Affirmatively (4) Underfunding Corrections. If prior compliance problems. If the PHA wants Furthering Fair Housing. Each to the award of funding under this to apply for funding under this successful applicant will have a duty to Designated Housing announcement, announcement, the PHA must submit an affirmatively further fair housing. HUD determines that any awardees application that designates another Applicants will be required to identify under the FY 1999 Designated Housing housing agency, nonprofit agency, or the specific steps that they will take to: NOFA have been underfunded, HUD contractor, that is acceptable to HUD. (1) Address the elimination of will increase funding to the amount that The PHA’s application must include an impediments to fair housing that were the awardee should have received. agreement by the other housing agency, identified in the jurisdiction’s Analysis nonprofit agency, or contractor to of Impediments (AI) to Fair Housing III. Program Description, Eligible administer the new funding increment Applicants, and Eligible Participants Choice; on behalf of the PHA, and a statement (2) Remedy discrimination in (A) Program Description. This that outlines the steps the PHA is taking housing; or program provides Section 8 vouchers to to resolve the program findings and (3) Promote fair housing rights and assist non-elderly disabled families who program compliance problems. fair housing choice. would have been housed by a PHA if Immediately after the publication of this Further applicants have a duty to occupancy in the designated public SuperNOFA, the local HUD Field Office carry out the specific activities cited in housing project/building (or portion will notify, in writing, those PHAs that their responses under this thereof) were not restricted to elderly are not eligible to apply without such an announcement to address affirmatively households, and assist PHAs that wish agreement. Concurrently, the local HUD furthering fair housing. to continue to designate their projects/ Field Office will provide a copy of each (B) Certifications and Assurances. buildings (or portions thereof) as such written notification to the Grants Each applicant is required to submit ‘‘mixed elderly and disabled buildings’’ Management Center. The PHA may signed copies of Assurances and and can demonstrate a need for appeal the decision in writing, if HUD Certifications. The standard Assurances

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00668 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9989 and Certifications are on Form HUD– accommodations or making units Housing laws, including providing 52515, Funding Application, which accessible to persons with disabilities. reasonable accommodations. includes the Equal Opportunity (E) Definitions. No individual shall be considered a Certification, Certification Regarding (1) Designated Housing Plan. A HUD- person with disabilities for the purpose Lobbying, and Certification Regarding approved designated housing plan of determining eligibility solely on the Drug-Free Workplace Requirements. required of PHAs seeking to designate a basis of any drug or alcohol (C) Voucher Assistance Requirements. project/building (or portion thereof) for dependence. (1) Section 8 regulations. PHAs must occupancy by elderly families only, (5) Section 8 search assistance. administer the Section 8 vouchers disabled families only, or elderly and Assistance to increase access by received under this announcement in disabled families only. See section 10(a) program participants to housing units in accordance with HUD regulations and of the Housing Opportunity Extension a variety of neighborhoods (including requirements governing the Section 8 Act of 1996 (Pub. L. 104–120, approved areas with low poverty concentrations) Housing Choice Voucher Program. March 28, 1996) as explained in Notice and to locate and obtain units suited to (2) Section 8 admission requirements. PIH 97–12 (HA), Requirements for their needs. Section 8 assistance must be provided to Designation of Public Housing Projects. V. Application Selection Process eligible applicants in conformity with This Notice was extended by Notice PIH After the Grants Management Center regulations and requirements governing 99–21 (HA). Section 10(a) amended has screened PHA applications and the Section 8 Housing Choice Voucher section 7 of the United States Housing disapproved any applications found Program and the PHA’s administrative Act of 1937 (42 U.S.C. 1437e). plan. (2) Elderly Family. A family whose unacceptable for further processing, the (3) Turnover. When a voucher under head of household, spouse, or sole Grants Management Center will review this announcement becomes available member is 62 years or older. all acceptable applications (exclusive of for reissue (e.g., the family initially (3) Non-elderly Disabled Family. A the Designated Housing Plan portion of selected for the program drops out of the family who is not elderly, and whose the application—which is reviewed by program or is unsuccessful in the search head, spouse, or sole member is a the Special Application Center) to for a unit), the rental assistance may be person with disabilities. The term ‘‘non- ensure that they are technically used only for another individual or elderly disabled family’’ may include adequate and responsive to the family eligible for assistance under this two or more such persons with requirements of this announcement of announcement subject to appropriations disabilities living together, and one or funding availability. The Special Application Center will for renewal funding, from the date the more such persons with disabilities send to the Grants Management Center rental assistance is placed under an living with one or more persons who are the following information on each annual contributions contract (ACC). determined essential to the care and designated housing plan submitted in (D) PHA Responsibilities. In addition well-being of the person or persons with conjunction with this announcement: to PHA responsibilities under the disabilities (live-in aides). Section 8 Housing Choice Voucher (1) A copy of the letter to the PHA (4) Person with disabilities. A person approving or disapproving its Program and HUD regulations who— concerning nondiscrimination based on designated housing plan. (a) Has a disability as defined in (2) Special Application Center contact disability (24 CFR 8.28) and to section 223 of the Social Security Act affirmatively further fair housing, PHAs person and telephone number. (42 U.S.C. 423), or HUD Headquarters will fund on a that receive voucher funding shall: (b) Is determined to have a physical, (1) Where requested by an individual, first-come, first-serve basis all mental or emotional impairment that: approvable applications from PHAs that assist program participants to gain (i) Is expected to be of long-continued access to supportive services available are recommended for funding by the and indefinite duration; Grants Management Center and that the within the community, but not require (ii) Substantially impedes his or her eligible applicants or participants to Special Application Center advises has ability to live independently; and an approved designated housing plan, accept supportive services as a (iii) Is of such a nature that such condition of participation or continued based upon the date and time the ability could be improved by more application is received in the Grants occupancy in the program. suitable housing conditions, or (2) Identify public and private Management Center. As PHAs are (c) Has a developmental disability as selected, the cost of funding the funding sources to assist participants defined in section 102 of the with disabilities in covering the costs of applications will be subtracted from the Developmental Disabilities Assistance funds available. In the event approvable structural alterations and other and Bill of Rights Act (42 U.S.C. accessibility features that are needed as applications are received for more than 6001(5)). the approximately $20 million available accommodations for their disabilities. The term ‘‘person with disabilities’’ (3) Not deny persons who qualify for under this announcement, funds will be does not exclude persons who have the rental assistance under this program transferred from the approximately $20 disease of acquired immunodeficiency other housing opportunities, or million available under the syndrome (AIDS) or any conditions otherwise restrict access to PHA announcement for non-elderly disabled arising from the etiologic agent for programs to eligible applicants who families not receiving housing acquired immunodeficiency syndrome choose not to participate. assistance in certain Section 8 project- (4) Provide Section 8 search (HIV). based developments, or certain Section assistance. Note: While the above definition of a 202, Section 221(d)(3) or Section 236 (5) In accordance with regulatory ‘‘person with disabilities’’ is to be used for developments, to the extent funds are guidance, provide higher rent to owners purposes of determining a family’s eligibility not needed for approvable applications for a Section 8 voucher under this necessary for the provision of accessible announcement, the definition of a person under that announcement. Applications units and structural modifications for with disabilities contained in section 504 of will be funded for the total number of persons with disabilities. the Rehabilitation Act of 1973 and its units requested by the PHA and (6) Provide technical assistance to implementing regulations must be used for approved by the Grants Management owners for making reasonable purposes of meeting the requirements of Fair Center in accordance with this funding

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00669 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9990 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices announcement for support of certificates for non-elderly disabled provides the procedures for corrections Designated Housing Plans. When families or that now requires more to deficient applications. remaining budget authority is Section 8 vouchers than previously (B) Unacceptable Applications. insufficient to fund the last selected justified, will require the PHA to submit (1) After the 14-calendar day technical PHA application in full, however, HUD the information required in paragraphs deficiency correction period, the Grants Headquarters will fund that application (A) and (B) above, a copy of the Management Center will disapprove all to the extent of the funding available, previously HUD-approved designated PHA applications that the Grants unless the PHA’s application indicates housing plan, and updated needs data Management Center determines are not that the PHA will only accept a higher supporting the need now for Section 8 acceptable for processing. The Grant number of units. In that event, the next vouchers not previously deemed Management Center’s notification of selected application shall be one that necessary as an alternative housing rejection letter must state the basis for has indicated a willingness to accept the resource. The updated needs data the decision. lesser amount of funding for the units should indicate why the PHA does not (2) Applications from PHAs for available. have the appropriate resources to carry Section 8 rental assistance that fall into out the previously approved plan, any of the following categories will not VI. Application Submission be processed: Requirements identify the number of Section 8 vouchers needed for non-elderly (a) Applications that do not meet the fair housing and civil rights compliance (A) Form HUD–52515. All PHAs must disabled families, and address the threshold requirements of Section II(B) complete and submit form HUD–52515, housing needs in its consolidated plan. of the General Section of the Funding Application, for the Section 8 Conversely, any PHA wishing to rely Housing Choice Voucher Program SuperNOFA. on a designated housing plan previously (b) The PHA has major program (dated January 1996). This form approved by HUD, contingent upon the includes all necessary certifications for management findings in an Inspector PHA’s future submission of an General audit, HUD management Fair Housing, Drug Free Workplace and application for Section 8 certificates or Lobbying Activities. The information review, or independent public vouchers as an alternative housing entered in Section B of the form for accountant (IPA) audit for its voucher or resource for non-elderly disabled bedroom size and number of requested certificate programs that are not closed families, will need to only submit the units must bear a direct relationship to or on which satisfactory progress in HUD-approval letter for the designated the bedroom size and number of units resolving the findings is not being made; housing plan in lieu of the plan itself designated in the PHA’s designated or program compliance problems for its (updated needs data also unnecessary). housing plan that will no longer be voucher or certificate programs on available for the future admission of (E) Statement Regarding the Steps the which satisfactory progress is not being non-elderly disabled families. Section C PHA Will Take to Affirmatively Further made. The only exception to this of the form should be left blank. A copy Fair Housing. The areas to be addressed category is if the PHA has been of Form HUD–52515 is included in the in the PHA’s statement should include, identified under the policy established forms found in Appendix B to the but not necessarily be limited to: in Section III(B) of this announcement General Section of the SuperNOFA. The (1) Elimination of impediments to fair and the PHA makes application with a form must be completed in its entirety, housing that were identified in the designated contract administrator. Major with the exception of Section C, signed jurisdiction’s Analysis of Impediments program management findings are those and dated. (AI) to Fair Housing Choice; that would cast doubt on the capacity of (B) Letter of Intent and Narrative. The (2) Remedy discrimination in housing the PHA to effectively administer any PHA must state in its cover letter to the for persons with disabilities regardless new Section 8 voucher funding in application whether the PHA will of race, color, religion, sex, familial accordance with applicable HUD accept a reduction in the number of status, national origin, or nature of regulatory and statutory requirements. vouchers, and the minimum number of disability; or (c) The PHA has failed to achieve a vouchers that the PHA will accept, since (3) Promote fair housing rights and lease-up rate of 90 percent for its the funding is limited and HUD may fair housing choice. combined certificate and voucher units only have enough funds to approve a (F) Program Summary. Provide a under contract for its fiscal year ending smaller amount than the number of separate, one paragraph statement in 1998. Category (c) may be passed, vouchers requested. The maximum describing how the vouchers being however, if the PHA achieved a number of vouchers that a PHA may applied for will address the local combined certificate and voucher apply for under this announcement is housing needs of eligible disabled budget authority utilization rate of 90 limited to 200. families in renting decent, safe, and percent or greater for its fiscal year (C) Approvable Designated Housing affordable housing. Describe, where ending in 1998. In the event the PHA is Plan. The application must include an applicable, how the vouchers will be unable to meet either of these approvable plan to designate housing in used to expand existing housing percentage requirements, the PHA may accordance with section 10(a) of the choices, and whether the PHA intends still pass category (c) if the PHA submits Housing Opportunities Extension Act of to use the vouchers to establish or information to the Grants Management 1996 (Pub. L 104–120, approved March expand upon its existing partnerships Center, as part of its application, 28, 1996) as explained in Notice PIH with local government, nonprofit demonstrating that the PHA was able to 97–12 (HA), Requirements for agencies, or private industry groups. either increase its combined certificate Designation of Public Housing Projects. Also address any related notable local and voucher lease-up rate to 90 percent This Notice was extended by Notice PIH program activities, best practices, or or greater for its fiscal year ending in 99–21 (HA). accomplishments. 1999, or was able to increase combined (D) Designated Housing Plan certificate and voucher budget authority Previously Approved. Any PHA wishing VII. Corrections to Deficient utilization to 90 percent or more for its to rely on a designated housing plan Applications fiscal year ending in 1999. PHAs that previously approved by HUD that did (A) Acceptable Applications. The have been determined by HUD to have not require Section 8 vouchers or General Section of the SuperNOFA passed either the 90 percent lease-up, or

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00670 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9991

90 percent budget authority utilization the same methodology and data sources environmental review under the related requirement for their fiscal year ending indicated in Appendix A. laws and authorities. This in 1998 will be listed on the HUD Home (d) The PHA is involved in litigation announcement provides funding for Page site on the Internet’s world wide and HUD determines that the litigation these activities under 24 CFR 982, web (http://www.hud.gov). A PHA not may seriously impede the ability of the which does not contain environmental listed must either submit information in PHA to administer the rental vouchers. review provisions because of the its application supportive of its 90 (e) A PHA’s application that does not categorical exclusion of these activities comply with the requirements of 24 CFR percent lease-up or 90 percent budget from environmental review. 982.102 and the requirements of this authority utilization performance for its Accordingly, under 24 CFR 50.19(c)(5, announcement after the expiration of issuance of this announcement of fiscal year ending in 1999, or submit the 14-calendar day technical deficiency funding availability is also categorically information as part of its application correction period will be rejected from excluded from environmental review supportive of its contention that it processing. should have been included among those (f) The PHA’s application was under NEPA. PHAs HUD listed on the HUD Home submitted after the application due date. IX. Authority Page as having achieved either a 90 (g) The application was not submitted percent lease-up rate or 90 percent to the official place of receipt as Authority for the approximately $20 budget authority utilization rate for indicated in the paragraph entitled million in one-year budget authority for fiscal years ending in 1998. Appendix A ‘‘Address for Submitting Applications’’ Section 8 rental vouchers (for non- to this program section indicates the at the beginning of this announcement. elderly disabled families in support of methodology and data sources used by (h) The applicant has been debarred designated housing plans to designate HUD to calculate the lease-up and or otherwise disqualified from public housing for occupancy by elderly budget authority utilization percentage providing assistance under the program. families only, disabled families only, or rates for PHAs with fiscal years ending VIII. Environmental Requirements elderly families and disabled families only) is found in the Departments of in 1998. Any PHA wishing to submit In accordance with 24 CFR Veteran Affairs and Housing and Urban information to the Grants Management 50.19(b)(11) of the HUD regulations, Center in connection with its 1998 fiscal tenant-based rental activities assisted Development, and Independent year or 1999 fiscal year for the purposes under this program are categorically Agencies Appropriations Act, FY 2000 described immediately above (so as to excluded from zthe requirements of the (Pub.L. 106–74, approved October 20, be eligible under category (c) to submit National Environmental Policy Act of 1999). an application) will be required to use 1969 (NEPA) and are not subject to BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00671 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 9992 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00672 Fmt 4701 Sfmt 4725 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Notices 9993

[FR Doc. 00–4123 Filed 2–23–00; 8:45 am] BILLING CODE 4210±32±P

VerDate 162000 20:46 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00673 Fmt 4701 Sfmt 4701 E:\FR\FM\24FEN3.SGM pfrm08 PsN: 24FEN3 i

Reader Aids Federal Register Vol. 65, No. 37 Thursday, February 24, 2000

CUSTOMER SERVICE AND INFORMATION CFR PARTS AFFECTED DURING FEBRUARY

Federal Register/Code of Federal Regulations At the end of each month, the Office of the Federal Register General Information, indexes and other finding 202±523±5227 publishes separately a List of CFR Sections Affected (LSA), which aids lists parts and sections affected by documents published since the revision date of each title. Laws 523±5227 1 CFR 1412...... 7942 1421...... 7942 Presidential Documents 8...... 8841 1427...... 7942 Executive orders and proclamations 523±5227 10...... 8841 1430...... 7942 The United States Government Manual 523±5227 11...... 8841 1434...... 7942 3 CFR 1435...... 7942 Other Services 1439...... 7942 Proclamations: 1446...... 8245 523±4534 Electronic and on-line services (voice) 4771 (See Proc. 1447...... 7942 Privacy Act Compilation 523±3187 7275) ...... 9199 1464...... 7942 Public Laws Update Service (numbers, dates, etc.) 523±6641 7270...... 5217 1469...... 7942 TTY for the deaf-and-hard-of-hearing 523±5229 7271...... 5219 1478...... 7942 7272...... 7709 3418...... 5993 7273...... 8621 ELECTRONIC RESEARCH Proposed Rules: 7274...... 9193 46...... 7462 World Wide Web 7275...... 9199 47...... 7462 Executive Orders: Full text of the daily Federal Register, CFR and other 54...... 4780 13145...... 6877 publications: 245...... 5791 Administrative Orders: 457...... 6033 http://www.access.gpo.gov/nara Directive of January 718...... 5444 Federal Register information and research tools, including Public 31, 2000 ...... 5729 928...... 8313 Inspection List, indexes, and links to GPO Access: Directive of January 985...... 8069 31, 2000 ...... 5731 http://www.nara.gov/fedreg 989...... 6341 Presidential Determinations: 1218...... 7657 E-mail No. 2000±10 of 1735...... 6922 PENS (Public Law Electronic Notification Service) is an E-mail January 31, 2000 ...... 5407 8 CFR No. 2000±11 of service for notification of recently enacted Public Laws. To 214...... 7715 subscribe, send E-mail to February 1, 2000 ...... 6523 No. 2000±12 of 9 CFR [email protected] February 10, 2000 ...... 8243 with the text message: Memorandums: Ch. III ...... 6881 1...... 6312 subscribe PUBLAWS-L your name January 27, 2000...... 8631 February 16, 2000 ...... 8629 77...... 5998 Use [email protected] only to subscribe or unsubscribe to February 18, 2000 ...... 9197 91...... 8013 PENS. We cannot respond to specific inquiries. 145...... 8014 5 CFR 147...... 8014 Reference questions. Send questions and comments about the 381...... 6886 Federal Register system to: 581...... 4753 582...... 4753 Proposed Rules: [email protected] 1201...... 5409 2...... 8318 The Federal Register staff cannot interpret specific documents or 1208...... 5410 3...... 8318 regulations. 2638...... 7275 94...... 6040 Proposed Rules: 10 CFR FEDERAL REGISTER PAGES AND DATE, FEBRUARY 630...... 6339 72...... 8234 7 CFR 4753±4864...... 1 708...... 6314, 9201 4865±5218...... 2 1...... 5414 Proposed Rules: 5219±5406...... 3 301 ...... 4865, 5221, 6525, 8633 Ch. I ...... 8072 505...... 6526 5407±5732...... 4 50...... 6044 718...... 7942, 8245 430...... 8074 5733±5992...... 7 723...... 7942 5993±6304...... 8 729...... 8245 11 CFR 6305±6522...... 9 905...... 5733 2...... 9201 6523±6880...... 10 916...... 6305 4...... 9201 6881±7274...... 11 917...... 6305 5...... 9201 7275±7426...... 14 944...... 5733 12 CFR 7427±7708...... 15 955...... 5736 7709±8012...... 16 959...... 7711 Ch. IX...... 8253 8013±8242...... 17 966...... 8247 201...... 6531 8243±8630...... 18 981...... 4867 220...... 9207 985...... 6308, 6528 272...... 6319 8631±8840...... 22 1218...... 7652 611...... 8023 8841±9198...... 23 1230...... 7281 620...... 8023 9199±9994...... 24 1400...... 7942 702...... 8560

VerDate 16-FEB-2000 22:55 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00001 Fmt 4712 Sfmt 4712 E:\FR\FM\24FECU.LOC pfrm10 PsN: 24FECU ii Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Reader Aids

741...... 8560 4782, 4784, 4786, 4788, 25 CFR Proposed Rules: Ch. XV ...... 8010 747...... 8560 4790, 4792, 4793, 4897, 170...... 7431 936...... 5738 4900, 4902, 4904, 4906, 217...... 5462 960...... 5418 5453, 5455, 5456, 5459, 26 CFR 219...... 5462 6046, 6563, 6565, 6566, 1 ...... 5432, 5772, 5775, 5777, 242...... 5196, 8673 Proposed Rules: 1234...... 5295 6925, 6927, 7316, 7465, 6001, 9220 Ch. I ...... 4895 7789, 7794, 7796, 7801, 1260...... 8077 40...... 8770 35...... 6001, 8234 8075, 8667, 8892, 8894, 602 ...... 5775, 5777, 6001, 9220 37 CFR 216...... 8770 9221, 9223, 9225 225...... 6924 Proposed Rules: Proposed Rules: 71 ...... 4910, 4911, 5804, 7320, 1 ...... 5805, 5807, 6065, 6090, 332...... 8770 201...... 6573, 6946 8321, 8322, 8324, 8325, 7807 573...... 8770 8326, 8896, 9227 602...... 5807 38 CFR 611...... 5286 91...... 5024, 8006 27 CFR 8...... 7436 650...... 9223 108...... 4912 21...... 5785 109...... 4912 Proposed Rules: 702...... 8597 Proposed Rules: 111...... 4912 951...... 5447 9...... 5828 3...... 7807, 8329 121...... 4912, 8006 997...... 5447 28 CFR 8...... 7467 125...... 5024, 8006 1735...... 7312 92...... 7723 20...... 7468 129...... 4912, 8006 21...... 4914 191...... 4912 Proposed Rules: 13 CFR 16...... 8916 39 CFR 15 CFR 400...... 6888 111 ...... 4864, 5789, 6903, 7288 303...... 8048 29 CFR 500...... 6888 3001...... 6536 44...... 7194 17 CFR Proposed Rules: 2200...... 7434 111...... 4918, 6950 14 CFR 1...... 6569 2520...... 7152 40 CFR 23...... 7283 232...... 6444 2560...... 7181 39...... 4754, Proposed Rules: 2570...... 7185 51...... 8656 4755, 4757, 4760, 4761, 230...... 8896 4044...... 7435 52 ...... 4887, 5245, 5252, 5259, 4870, 5222, 5228, 5229, 240...... 8896 Proposed Rules: 5262, 5264, 5433, 6327, 5235, 5238, 5241, 5243, 18 CFR 1910...... 4795 7290, 7437, 8051, 8053, 5419, 5421, 5422, 5425, 8057, 8060, 8064, 8851, Proposed Rules: 30 CFR 5427, 5428, 5739, 5741, 9221 157...... 7803 250...... 6536 59...... 7736 5743, 5745, 5746, 5749, 270...... 6048 938...... 4882 5752, 5754, 5757, 5759, 62 ...... 6008, 8854, 8857 375...... 6048 946...... 5782 63...... 8768 5761, 6444, 6533, 6534, 381...... 6048 7427, 7428, 7716, 7717, Proposed Rules: 70...... 7290 382...... 5289 250...... 9232 7719, 7720, 8024, 8025, 80...... 6698 870...... 7706 8027, 8028, 8030, 8031, 19 CFR 85...... 6698 913...... 7331 8032, 8034, 8037, 8039, 86...... 6698, 8275 132...... 5430 917...... 8327 180 .....7737, 7744, 8859, 8867, 8640, 8642, 8645, 8649, 163...... 5430 8651, 8653, 8844, 8845, 32 CFR 8872 Proposed Rules: 258...... 7294 8848, 9209, 9211, 9212, 12...... 6062 220...... 7724 9214, 9215, 9217 261...... 8874 113...... 6062 310...... 7732 300...... 5435 71 ...... 4871, 4872, 4873, 4874, 505...... 6894 761...... 5442 5762, 5763, 5764, 5765, 20 CFR 5767, 5768, 5769, 5770, Proposed Rules: 33 CFR Proposed Rules: 52 ...... 5296, 5297, 5298, 5462, 5999, 6000, 6320, 6535, 404...... 6929 100...... 8049 5463, 6091, 7470, 8081, 7287, 7722, 8043, 8044, 416...... 6929 117 ...... 5785, 6325, 6326, 7436 8082, 8092, 8094, 8097, 8045, 8046, 8047, 8269, 165...... 8049, 9220 21 CFR 8103, 8676, 8679, 8923 8270, 8271, 8655, 8656, Proposed Rules: 8849 175...... 6889, 8272 62...... 6102, 8924 100...... 5833 70...... 7333 91...... 5396, 5936 176...... 7272 110...... 5833, 7333 522...... 6892 130...... 4919 93...... 5396 140...... 8671 152...... 8925 97 ...... 4875, 4877, 4879, 6321, 876...... 4881 141...... 8671 886...... 6893 156...... 8925 6324 142...... 8671 165...... 9234 1308...... 5024 121...... 5396 143...... 8671 268...... 7809 135...... 5396 Proposed Rules: 144...... 8671 300...... 5465, 5844 200...... 6446 10...... 7321 145...... 8671 445...... 6950 211...... 6446 11...... 8669 146...... 8671 14...... 7321 41 CFR 213...... 6446 147...... 8671 19...... 7321 165...... 5833, 7333 302...... 8657 216...... 6446 25...... 7321 167...... 8917 291...... 6446 Proposed Rules: 101...... 7806, 9230 174...... 7926 101±41...... 8818 300...... 6446 1310...... 4913 187...... 7926 102±118...... 8818 302...... 6446, 7418 23 CFR 303...... 6446 34 CFR 42 CFR 305...... 6446 Proposed Rules: 75...... 8850 412...... 5933 377...... 6446 645...... 6344 637...... 7674 413...... 5933, 8660 385...... 6446 24 CFR 676...... 4886 483...... 5933 Proposed Rules: 485...... 5933 399...... 6446 25...... 9084 611...... 6936 Proposed Rules: Proposed Rules: 30...... 9084 694...... 5844 36...... 4797 21...... 5224, 8006 206...... 5406 25...... 5024, 8006 Proposed Rules: 36 CFR 43 CFR 39...... 4781, 990...... 7330 327...... 6896 11...... 6012

VerDate 16-FEB-2000 22:55 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00002 Fmt 4712 Sfmt 4712 E:\FR\FM\24FECU.LOC pfrm10 PsN: 24FECU Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Reader Aids iii

Proposed Rules: 125...... 6494 Proposed Rules: 1011...... 8280 2560...... 6259 126...... 6494 1...... 6113 1182...... 8280 132...... 6494 25...... 6950 44 CFR Proposed Rules: 133...... 6494 73 ...... 4798, 4799, 4923, 7815, 222...... 7483 64...... 8662, 8664 134...... 6494 7816, 7817, 8679, 8931 229...... 7483 65 ...... 6014, 6018, 6023, 6025, 167...... 6494 76...... 4927, 7481 567...... 5847 7440 169...... 6494 95...... 4935 568...... 5847 67 ...... 6028, 6031, 7443 175...... 6494 48 CFR 209...... 7270 176...... 6494 Ch. 2 ...... 6554 50 CFR Proposed Rules: 188...... 6494 201...... 6551 67 ...... 6103, 6105, 7471 189...... 6494 13...... 6916 203...... 4864 17 .....4770, 52680, 6332, 6916, 206...... 8927 195...... 6494 209...... 4864 199...... 6494 7757, 8881 45 CFR 211...... 6553 18...... 52750 388...... 6905 212...... 6553 286...... 8478 Proposed Rules: 226...... 7764 219...... 6554 622...... 8067 287...... 8478 15...... 6350 225 ...... 4864, 6551, 6553 1303...... 4764 110...... 6111 648...... 7460 249...... 4864 679 .....4891, 4892, 4893, 5278, Proposed Rules: 111...... 6111 252...... 6553 5283, 5284, 5285, 5442, 96...... 5471 515...... 7335 1825...... 6915 6561, 6921, 7461, 7787, 1852...... 6915 46 CFR 8067, 8281, 8282, 8297, 2432...... 6444 47 CFR 8298, 8890 2...... 6494 9903...... 5990 Proposed Rules: 30...... 6494 Ch. I ...... 5267 Proposed Rules: 17 ...... 4940, 5298, 5474, 5848, 31...... 6494 0...... 7448 30...... 4940 5946, 6114, 6952, 7339, 52...... 6494 1...... 4891, 7460 215...... 6574 7483, 7817, 8104 61...... 6494 11...... 7616 252...... 6574 71...... 6494 51 ...... 6912, 7744, 8280 100...... 5196, 8673 90...... 6494 64...... 8666 49 CFR 223 ...... 6960, 7346, 7819 91...... 6494 73 ...... 6544, 7448, 7616, 7747, 107...... 7297 622...... 5299, 8107 98...... 6494 7748, 7749, 8880 172...... 7310 648 .....4941, 5486, 6575, 6975, 107...... 6494 74...... 7616 195...... 4770 7820 110...... 6494 76...... 7448 386...... 7753 660 .....6351, 6577, 6976, 7820, 114...... 6494 90...... 7749 571...... 6327 8107 115...... 6494 97...... 6548 1002...... 8280

VerDate 16-FEB-2000 22:55 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00003 Fmt 4712 Sfmt 4712 E:\FR\FM\24FECU.LOC pfrm10 PsN: 24FECU iv Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Reader Aids

REMINDERS comments due by 2-28- enhanced 911 services; The items in this list were COMMENTS DUE NEXT 00; published 1-28-00 reconsideration petitions; comments due editorially compiled as an aid WEEK West Coast States and to Federal Register users. Western Pacific by 2-28-00; published Inclusion or exclusion from fisheriesÐ 12-29-99 this list has no legal AGRICULTURE Rulemaking proceedings; DEPARTMENT Western Pacific pelagic; significance. comments due by 3-3- petitions filed, granted, Animal and Plant Health 00; published 2-17-00 denied, etc.; correction; Inspection Service comments due by 2-29-00; DEFENSE DEPARTMENT RULES GOING INTO Exportation and importation of published 2-14-00 EFFECT FEBRUARY 24, animals and animal Air Force Department FEDERAL HOUSING 2000 products: Sales and services: FINANCE BOARD African swine fever; disease Release, dissemination, and Federal home loan bank AGRICULTURE status changeÐ sale of visual information system: DEPARTMENT Portugal; comments due materials; comments due Boards of directors and Federal Crop Insurance by 2-28-00; published by 2-28-00; published 12- senior management; Corporation 12-29-99 28-99 powers and responsibilities; comments Crop insurance regulations: ENERGY DEPARTMENT AGRICULTURE due by 3-3-00; published Nuclear waste repositories: Forage production crop and DEPARTMENT 1-3-00 forage seeding crop; Yucca Mountain Site, NV; Grain Inspection, Packers FEDERAL MARITIME published 1-25-00 suitability guidelines; and Stockyards COMMISSION hearings; comments due ENVIRONMENTAL Administration Ocean transportation by 2-29-00; published 1- PROTECTION AGENCY Fees: intermediaries; individual 14-00 Air quality implementation Official inspection and contemporaneously acting plans; approval and weighing services; ENERGY DEPARTMENT as qualifying individual for promulgation; various comments due by 3-3-00; Energy Efficiency and ocean freight forwarder and States: published 1-3-00 Renewable Energy Office non-vessel common carrier; Iowa; correction; published Grain inspection: Consumer products; energy comments due by 2-28-00; 2-24-00 published 2-14-00 Rice; fees increase; conservation program: INTERIOR DEPARTMENT comments due by 3-3-00; Central air conditioners and FEDERAL RESERVE Fish and Wildlife Service published 1-3-00 central airconditioning SYSTEM Equal credit opportunity, Endangered and threatened COMMERCE DEPARTMENT heat pumpsÐ species: Energy conservation electronic fund transfers, National Oceanic and consumer leasing, truth in Rough popcornflower; Atmospheric Administration standards; comments published 1-25-00 due by 2-28-00; lending, and truth in savings Endangered and threatened published 2-17-00 (Regulations, B, E, M, Z, Willamette daisy, Fender's species: and DD) blue butterfly, and Energy conservation: Disclosure requirements; Kincaid's lupine; published Salmonids; take prohibitions; Commercial and industrial delivery by electronic 1-25-00 comments due by 3-3-00; published 1-3-00 equipment, energy communication; comments POSTAL SERVICE efficiency programÐ West Coast salmonids; due by 3-3-00; published Freedom of Information Act; evolutionarily significant Warm air furnaces and 12-15-99 implementation; published 1- units; comments due by heating, air conditioning, HEALTH AND HUMAN 25-00 3-3-00; published 1-3-00 and water heating SERVICES DEPARTMENT TRANSPORTATION equipment; test Food and Drug Fishery conservation and procedures and DEPARTMENT management: Administration Federal Aviation efficiency standards, Administrative practice and Alaska; fisheries of Administration etc.; comments due by procedure: Exclusive Economic 2-28-00; published 12- Air traffic operating and flight Citizen petitions; ZoneÐ 13-99 rules, etc.: miscellaneous American Fisheries Act; Reduced vertical separation ENVIRONMENTAL amendments; comments emergency PROTECTION AGENCY due by 2-28-00; published minimum; published 2-7- implementation; Air quality implementation 11-30-99 00 comments due by 2-28- plans; approval and INTERIOR DEPARTMENT Class C airspace; published 2- 00; published 1-28-00 10-00 promulgation; various Fish and Wildlife Service Caribbean, Gulf, and South States: Endangered and threatened Class D airspace; published Atlantic fisheriesÐ 12-14-99 Idaho; comments due by 2- species: South Atlantic Fishery 28-00; published 1-27-00 San Diego ambrosia; Class D and Class E Management Council; airspace; published 12-3-99 Water programs: comments due by 2-28- hearings; comments 00; published 12-29-99 Class E airspace; published Water quality planningÐ due by 3-1-00; INTERIOR DEPARTMENT 10-19-99 published 2-3-00 Management regulation Surface Mining Reclamation IFR altitudes; published 1-14- Northeastern United States listing requirements; 00 comments due by 3-3- and Enforcement Office fisheriesÐ Permanent program and Jet routes; published 12-20-99 00; published 2-2-00 Atlantic sea scallop; abandoned mine land VOR Federal airways; comments due by 3-1- FEDERAL reclamation plan published 11-29-99 00; published 2-4-00 COMMUNICATIONS submissions: TREASURY DEPARTMENT Dealer and vessel COMMISSION Illinois; comments due by 2- Customs Service reporting requirements; Common carrier services: 29-00; published 2-14-00 Drawback: comments due by 3-2- Commercial mobile radio LABOR DEPARTMENT False drawback claims; 00; published 2-16-00 servicesÐ Mine Safety and Health penalties; published 1-25- Summer flounder, scup, Wireless services Administration 00 and Black Sea bass; campatibility with Coal mine safety and health:

VerDate 16-FEB-2000 22:55 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00004 Fmt 4712 Sfmt 4711 E:\FR\FM\24FECU.LOC pfrm10 PsN: 24FECU Federal Register / Vol. 65, No. 37 / Thursday, February 24, 2000 / Reader Aids v

Flame-resistant conveyor TRANSPORTATION TRANSPORTATION U.S. Government Printing belts; comments due by DEPARTMENT DEPARTMENT Office, Washington, DC 20402 2-28-00; published 12-28- Coast Guard Federal Highway (phone, 202±512±1808). The 99 text will also be made Regattas and marine parades, Administration available on the Internet from Underground coal minesÐ anchorage regulations, and Transportation operations and GPO Access at http:// Electric motor-driven mine ports and waterways safety: management: equipment and www.access.gpo.gov/nara/ OPSAIL 2000, San Juan, Dedicated short range accessories and high- index.html. Some laws may PR; exclusion areas; communications in voltage longwall not yet be available. comments due by 2-28- intelligent transportation equipment; comments 00; published 1-13-00 systems commercial H.R. 2130/P.L. 106±172 due by 2-28-00; vehicle operations; published 12-28-99 TRANSPORTATION comments due by 2-28- Hillory J. Farias and LABOR DEPARTMENT DEPARTMENT 00; published 12-30-99 Samantha Reid Date-Rape Drug Prohibition Act of 2000 Occupational Safety and Federal Aviation TREASURY DEPARTMENT Administration (Feb. 18, 2000) Health Administration Internal Revenue Service Last List February 16, 2000 Occupational safety and health Airworthiness directives: Procedure and administration: standards: Airbus; comments due by 2- Entity classification changes; Ergonomics program; 28-00; published 1-27-00 special rule for foreign comments due by 3-2-00; Bombardier; comments due eligible entities; comments Public Laws Electronic published 2-1-00 by 3-2-00; published 2-1- due by 2-28-00; published Notification Service PERSONNEL MANAGEMENT 00 11-29-99 (PENS) OFFICE EMBRAER; comments due Group life insurance; Federal by 3-3-00; published 2-2- employees: 00 LIST OF PUBLIC LAWS PENS is a free electronic mail notification service of newly Life insurance Empresa Brasilera de This is a continuing list of improvements; comments Aeronautica S.A.; enacted public laws. To public bills from the current subscribe, go to www.gsa.gov/ due by 2-28-00; published comments due by 3-3-00; session of Congress which 12-28-99 published 2-2-00 archives/publaws-l.html or have become Federal laws. It send E-mail to Pay administration: McDonnell Douglas; may be used in conjunction [email protected] with Back pay, holidays, and comments due by 3-3-00; with ``P L U S'' (Public Laws the following text message: physicians' comparability published 1-18-00 Update Service) on 202±523± allowances; comments Raytheon; comments due by 6641. This list is also SUBSCRIBE PUBLAWS-L due by 2-28-00; published 2-28-00; published 1-12- available online at http:// Your Name. 12-28-99 00 www.nara.gov/fedreg. Note: This service is strictly POSTAL SERVICE Class D airspace; comments The text of laws is not for E-mail notification of new Domestic Mail Manual: due by 3-3-00; published 1- published in the Federal laws. The text of laws is not Commercial mail receiving 18-00 Register but may be ordered available through this service. agency; mail delivery; Class E airspace; comments in ``slip law'' (individual PENS cannot respond to comments due by 3-3-00; due by 2-29-00; published pamphlet) form from the specific inquiries sent to this published 2-2-00 1-5-00 Superintendent of Documents, address.

VerDate 16-FEB-2000 22:55 Feb 23, 2000 Jkt 190000 PO 00000 Frm 00005 Fmt 4712 Sfmt 4711 E:\FR\FM\24FECU.LOC pfrm10 PsN: 24FECU