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1979), and DOT Order 5610.1C, E. Executive Order 13771, Reducing ■ 2. Revise Subpart H to read as follows: Paragraph 16. Executive Order 12114 Regulation and Controlling Regulatory Subpart H—Mandatory Use of the New York requires the FAA to be informed of Costs North Shore Helicopter Route environmental considerations and take This rule is not an Executive Order Sec. those considerations into account when 13771 regulatory action because this 93.101 Applicability. making decisions on major Federal rule is not significant under Executive 93.103 Helicopter operations. actions that could have environmental Order 12866. impacts anywhere beyond the borders of § 93.101 Applicability. the United States. The FAA has VI. How To Obtain Additional This subpart prescribes a special air determined that this action is exempt Information traffic rule for civil helicopters pursuant to Section 2–5(a)(i) of A. Availability of Rulemaking operating VFR along the North Shore, Executive Order 12114 because it does Documents Long Island, New York, between August not have the potential for a significant 5, 2020, and August 5, 2022. effect on the environment outside the An electronic copy of a rulemaking United States. document may be obtained by using the § 93.103 Helicopter operations. internet — (a) Unless otherwise authorized, each In accordance with FAA Order 1. Search the Federal eRulemaking person piloting a helicopter along Long 1050.1F, Environmental Impacts: Portal (https://www.regulations.gov/); Island, New York’s northern shoreline Policies and Procedures, paragraph 8– 2. Visit the FAA’s Regulations and between the VPLYD waypoint and 6(c), the FAA has prepared a Policies web page at https:// Orient Point, shall utilize the North memorandum for the record stating the www.faa.gov/regulations_policies/ or Shore Helicopter route and altitude, as reason(s) for this determination and has 3. Access the Government Printing published. placed it in the docket for this Office’s web page at https:// (b) Pilots may deviate from the route rulemaking. www.govinfo.gov/. and altitude requirements of paragraph B. Executive Order 13132, Federalism Copies may also be obtained by (a) of this section when necessary for sending a request (identified by notice, safety, weather conditions or The FAA has analyzed this final rule amendment, or docket number of this transitioning to or from a destination or under the principles and criteria of rulemaking) to the Federal Aviation point of landing. Executive Order 13132, Federalism. The Administration, Office of Rulemaking, Issued under authority provided by 49 agency determined that this action will ARM–1, 800 Independence Avenue SW, U.S.C. 106(f), 44701(a), and 44703 in not have a substantial direct effect on Washington, DC 20591, or by calling Washington, DC, on August 4, 2020. the States, or the relationship between (202) 267–9677. Steve Dickson, the Federal Government and the States, Administrator. or on the distribution of power and B. Small Business Regulatory responsibilities among the various Enforcement Fairness Act [FR Doc. 2020–17334 Filed 8–5–20; 4:15 pm] levels of government, and, therefore, The Small Business Regulatory BILLING CODE 4910–13–P does not have federalism implications. Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with C. Executive Order 13211, Regulations small entity requests for information or DEPARTMENT OF HOUSING AND That Significantly Affect Energy Supply, advice about compliance with statutes URBAN DEVELOPMENT Distribution, or Use and regulations within its jurisdiction. 24 CFR Parts 5, 91, 92, 570, 574, 576, The FAA analyzed this final rule A small entity with questions regarding 903 under Executive Order 13211, Actions this document may contact its local Concerning Regulations that FAA official, or the person listed under [Docket No. FR 6228–F–01] Significantly Affect Energy Supply, the FOR FURTHER INFORMATION CONTACT RIN 2501–AD95 Distribution, or Use (May 18, 2001). The heading at the beginning of the agency has determined that it is not a preamble. To find out more about Preserving Community and ‘‘significant energy action’’ under the SBREFA, visit https://www.faa.gov/ Neighborhood Choice Executive order and it is not likely to regulations_policies/rulemaking/sbre_ AGENCY: Office of Fair Housing, HUD. have a significant adverse effect on the act/. ACTION: Final rule. supply, distribution, or use of energy. List of Subjects in 14 CFR Part 93 D. Executive Order 13609, Promoting Air traffic control, Airspace, SUMMARY: HUD grantees are generally International Regulatory Cooperation Navigation (air). required to certify that they will ‘‘affirmatively further fair housing’’ Executive Order 13609, Promoting The Amendment (AFFH) through HUD’s implementation International Regulatory Cooperation, In consideration of the foregoing, the of the 1968 Fair Housing Act and other promotes international regulatory Federal Aviation Administration applicable statutes. For years after this cooperation to meet shared challenges amends chapter I of Title 14 of the Code certification was first required, it was involving health, safety, labor, security, of Federal Regulations as follows: merely part of a general commitment to environmental, and other issues and to use the funds in good faith and reduce, eliminate, or prevent PART 93—SPECIAL AIR TRAFFIC accompanied similar certifications not unnecessary differences in regulatory RULES to violate various civil rights statutes. requirements. The FAA has analyzed Over time however, HUD began to use this action under the policies and ■ 1. The authority citation for part 93 this AFFH certification as a vehicle to agency responsibilities of Executive continues to read as follows: force states and localities to change Order 13609, and has determined that Authority: 49 U.S.C. 106(f), 106(g), 40103, zoning and other land use laws. This this action would have no effect on 40106, 40109, 40113, 44502, 44514, 44701, was done via a series of regulations and international regulatory cooperation. 44715, 44719, 46301. guidance documents culminating with

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the 2015 AFFH rule. This approach is This phrase is not defined in statute. false.7 Meritorious False Claims Act not required by applicable statutes, Until 1994, HUD did not define it by cases are typically taken on by the which give HUD considerable discretion regulation. It was simply among a series government with the original litigant in determining what ‘‘affirmatively of certifications designed to ensure that sharing in any award. In fact of the furthering fair housing’’ means, and it is the funds were generally used as 4,294 cases filed by the end of 2003, also at odds with both federalism intended and consistent with civil rights DOJ declined to intervene in 2,653 cases principles and specific statutes law. Since then, the obligations (62%); the United States intervened (or protecting local control over housing surrounding the certification have the cases were otherwise pursued) in policy. For example, Congress expanded significantly. 750 cases, and the remainder (891 cases) specifically barred HUD from using are still under investigation.8 After the II. The Evolution of the AFFH funding to force grantees to change any change in administrations in 2009, Obligation public policy, regulation, or law. HUD however, HUD decided to intervene. has reexamined the 2015 AFFH rule and In 1994, President Clinton signed an HUD negotiated a settlement forcing the the definition of AFFH. In the new rule, Executive Order directing HUD to issue County to change its zoning laws and to HUD repeals the 2015 AFFH rule and its AFFH regulations. Among other things, pass legislation requiring landlords to related accretions. The new rule returns the regulations were to ‘‘describe a accept Section 8 tenants, both highly to the original understanding of what method to identify impediments in controversial propositions never the AFFH certification was for the first programs or activities that restrict fair authorized by law.9 eleven years of its existence: AFFH housing choice.’’ 3 The same year, HUD Following that expansion of certifications will be deemed sufficient promulgated a rule dictating that a requirements imposed under the guise provided grantees took affirmative steps grantee would fulfill its AFFH of the AFFH certification, HUD to further fair housing policy during the obligation by conducting an analysis of promulgated an even more aggressive relevant period. ‘‘impediments to fair housing choice AFFH rule finalized in 2015. The 2015 rule, for the first time, provided a DATES: Effective date: September 8, within its jurisdiction’’ and ‘‘taking 2020. appropriate actions to overcome the detailed definition of AFFH and effects of any impediments.’’ 4 provided a new process called an FOR FURTHER INFORMATION CONTACT: Recipients were to gather data and keep Assessment of Fair Housing (AFH), Andrew Hughes, Chief of Staff, or written records of their analyses. They effectively replacing AI. The regulation Andrew McCall, Deputy Chief of Staff, were encouraged to communicate with specifically required a detailed analysis U.S. Department of Housing and Urban the public about the process, but were of the grantee jurisdiction’s ‘‘zoning and Development, 451 7th Street SW, not required to submit materials to HUD land use’’ laws.10 Those were not the Washington, DC 20410, telephone beyond a summary of the Analysis of only local matters targeted. The number 202–402–5955 (this is not a toll- Impediments (AI).5 In 1996, HUD issued regulation noted that fair housing issues free number). Persons with hearing or a 170-page guidance document to ‘‘may arise from such factors as . . . speech challenges may access this explain further the meaning of the four- public services that may be offered in number through TTY by calling the toll- word phrase ‘‘affirmatively further fair connection with housing (e.g., water, free Federal Relay Service at 800–877– housing.’’ 6 sanitation), and a host of other issues.11 8339. Once in place, the AI process became Its accompanying assessment tool forced SUPPLEMENTARY INFORMATION: a vehicle for interest groups and HUD to Public Housing Authority grantees to analyze and consider data and policies I. Background impose even greater and more controversial obligations on state and beyond their jurisdictional control and The 1968 Fair Housing Act requires local grantees. In 2006, a housing typical subject-matter expertise.12 For that agencies administering housing- organization sued Westchester County example, the rule required identifying related programs do so ‘‘in a manner under the Federal False Claims Act on disparities in ‘‘access to public affirmatively to further the purposes’’ of the theory that the AFFH certification transportation, quality schools and jobs 1 the Act. Similarly, HUD grantees are the County made to obtain funding was . . . [and] environmental health generally required to certify that they hazards’’ and ‘‘programs, policies, or will ‘‘affirmatively further fair further fair housing. The Quality Housing and Work funding mechanisms that affect housing.’’ 2 Responsibility Act of 1998 (QHWRA), enacted into disparities’’ to such access. In some law on October 21, 1998, substantially modified the cases, grantees were required to gather 1 42 U.S.C. 3608(e)(5). United States Housing Act of 1937 (42 U.S.C. 1437 13 et seq.) (1937 Act), and the 1937 Act was more data going back to the 1990s. 2 Section 104(b)(2) of the Housing and recently amended by the Housing and Economic The process for grantees was also Community Development Act (HCD Act) (42 U.S.C. Recovery Act of 2008, Public Law 110–289 (HERA). 5304(b)(2)) requires that, to receive a grant, the state overly burdensome and costly. The QHWRA introduced formal planning processes for or local government must certify that it will number of questions, the open-ended PHAs—a 5-Year Plan and an Annual Plan. The affirmatively further fair housing. Section required contents of the Annual Plan included a 106(d)(7)(B) of the HCD Act (42 U.S.C. 7 certification by the PHA that the PHA will, among United States ex rel. Anti-Discrimination Ctr. of 5306(d)(7)(B)) requires a local government that other things, affirmatively further fair housing. Metro N.Y., Inc. v. Westchester Cty., 712 F.3d 761, receives a grant from a state to certify that it will 3 766 (2013). affirmatively further fair housing. The Cranston Executive Order No. 12892, 59 FR 2939 (Jan. 20, 1994). 8 Thomas L. Carson, et. al., Whistle-Blowing for Gonzalez National Affordable Housing Act (NAHA) Profit: An Ethical Analysis of the Federal False (42 U.S.C. 12704 et seq.) provides in section 105 (42 4 See 2014 regulations for CDBG entitlement communities at 24 CFR 570.601. Regulations for the Claims Act, Journal of Business Ethics (2008) 77: U.S.C. 12705) that states and local governments that 361–376. receive certain grants from HUD must develop a consolidated plan process are the 2014 versions of 9 United States ex rel. Anti-Discrimination Ctr. of comprehensive housing affordability strategy to 24 CFR 91.225 (local governments), § 91.325 (state Metro N.Y. v. Westchester County, 712 F.3d 761, identify their overall needs for affordable and governments), and § 91.425 (consortia applicants). 766 (2013). supportive housing for the ensuing 5 years, 5 Perl, The Fair Housing Act: HUD Oversight, 10 including housing for homeless persons, and Programs, and Activities, Congressional Research 80 FR 42290 (Jul. 16, 2015). outline their strategy to address those needs. As Service (Jun. 15, 2018). 11 80 FR 42286 (Jul. 16, 2015). part of this comprehensive planning process, 6 HUD Fair Housing Planning Guide Volume I, 12 85 FR 2041 (Jan. 14, 2020). section 105(b)(15) of NAHA (42 U.S.C. 1996, available at https://www.hud.gov/sites/dfiles/ 13 Id., noting that while the assessment tool for 12705(b)(15)) requires that these program FHEO/documents/Fair%20Housing%20Planning PHAs was not finally implemented, this was the participants certify that they will affirmatively %20Guide_508.pdf. case under a published draft.

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nature of many questions, and the lack In January 2020, HUD proposed a who can afford it faces no of prioritization between questions revised AFFH rule.21 That proposed rule discrimination-based barriers to made the planning process both took steps to reduce federal control of purchasing it. As the court in NAACP inflexible and difficult to complete. local housing decisions and lessen the observed, ‘‘the law’s supporters saw the Unsurprisingly, the rule required burden of data requirements imposed on ending of discrimination as a means significant resources from grantees and local governments.22 However, when toward truly opening the nation’s its complexity and demands resulted in the President reviewed the proposed housing stock to persons of every race a high failure rate for jurisdictions to rule, he expressed concern that the HUD and creed.’’ 28 They believed that gain approval for their AFH in the first approach did not go far enough on ‘‘[d]iscrimination in the sale and rental year of AFH submission. Grantees either prong. For example, grantee of housing has been the root cause of the complained that it was extremely jurisdictions were still presented with a widespread patterns of de facto resource-intensive and complicated, HUD list of ‘‘inherent barriers’’ to segregation.’’ Thus, by ensuring that placing a strain on limited budgets.14 overcome, twelve of which directly housing is free of discrimination, the Pursuant to the 2015 AFFH rule, HUD interfered with local land development FHA would establish ‘‘a policy of requested 64 full time staff at a cost of decisions.23 Grantees were also required dispersal through open housing’’ to ‘‘the approximately $9 million merely to to submit a plan detailing how they point where the supply of genuinely implement the new AFH process, with would overcome at least three obstacles open housing increases.’’ 29 a total cost estimate to HUD and HUD or achieve three fair housing goals In 1971, President Richard Nixon grantees ranging anywhere from $15 which resulted in an estimated annual stated, ‘‘[t]he very fact that so much million to $51.4 million annually.15 paperwork burden of $13 million.24 progress is being made, however, has The vast reach of the 2015 rule was The President therefore asked HUD to sharpened the focus on what has come well understood within the housing reconsider the rule to see whether HUD to be called ‘fair housing’—a term community. At a livestreamed could do more, consistent with the employed, but not defined, in the Civil conference, just weeks before it was AFFH obligation and other legal Rights Act of 1968, and to which many unveiled, speakers discussed how AFFH requirements, to empower local persons and groups have ascribed their would radically remake American communities and to reduce the own often widely varied meanings.’’ 30 suburbs and localities, even though the regulatory burden of providing In 1983, President Ronald Reagan rule ‘‘sounds very obscure.’’ 16 One unnecessary data to HUD. After review, stated, ‘‘[f]airness is the foundation of participant remarked: ‘‘Perhaps it’s and based on prior internal discussions, our way of life and reflects the best of important to keep it sounding obscure, HUD produced the current rule. our traditional American values. in order to get it through. Sometimes III. HUD’s New Approach Invidious, discriminatory housing obscurity is the best political practices undermine the strength and ‘‘HUD possesses broad discretionary strategy.’’ 17 vitality of America and her people.’’ 31 powers to develop, award, and Critics, including many in Congress, The FHA prohibited discrimination administer its grants and to decide the criticized the 2015 AFFH rule as an based on race, color, religion, national degree to which they can be shaped to assault on local decision making. origin or sex, but Congress since help achieve Title VIII’s goals.’’ 25 AFFH Senators Lee, Rubio and Enzi offered an expanded it to prohibit discrimination is a vague, undefined term that could be amendment to block the rule that was on the basis of handicap and familial open to several different plausible supported by 37 Senators: ‘‘Every status.32 Congress also broadened meanings. HUD’s interpretation will be American should be free to choose national housing policy grants entitled to deference as long as it is where to live, and every community administered by HUD, requiring AFFH reasonable.26 should be free to zone its neighborhoods certifications, to include goals such as a and compete for new residents The Definition of ‘‘Fair Housing’’ ‘‘decent, safe, and sanitary housing for according to its distinct values.’’ We It is imperative to note that the long- every American’’ and increasing the 33 ‘‘don’t need a National Zoning Board. standing debate seeking to define ‘‘Fair supply of ‘‘affordable housing.’’ Washington should let Americans Housing’’ has spanned the political Accordingly, HUD defines ‘‘fair 18 ‘govern local.’ ’’ Similar bills passed spectrum. Senator Mondale, the chief housing’’ to encompass non- 19 in the House. sponsor of the Fair Housing Act (FHA), discrimination as well as these goals. Under President Trump, HUD began unambiguously acknowledged the The Definition of ‘‘Affirmatively to change course. In 2018, HUD limited scope of the concept of fair Further’’ withdrew the AFH assessment tool after housing. He ‘‘made absolutely clear that By statute, grantees must a review of early submissions found it Title VIII’s policy to ‘provide . . . for 20 ‘‘affirmatively further’’ fair housing. In unduly burdensome and unworkable. fair housing’ means ‘the elimination of interpreting this phrase, HUD is guided discrimination in the sale or rental of 14 Id. housing. That is all it could possibly 15 Affirmatively Furthering Fair Housing Final 28 Id. at 55. 27 Rule: Regulatory Impact Analysis, July 16, 2015 mean.’ ’’ Senator Mondale thus 29 Id. at 154–55. available at https://www.huduser.gov/portal/sites/ defined fair housing as simply housing 30 See President Richard Nixon, Statement About _ _ _ default/files/pdf/AFFH Regulatory Impact that is free of discrimination. In this Federal Policies Relative to Equal Housing _ Analysis FinalRule.pdf. definition, housing is ‘‘fair’’ if anyone Opportunity, June 11, 1971 available at https:// 16 Kurtz, AFFH: Admission of Stealth Caught on www.presidency.ucsb.edu/documents/statement- Video, National Review, (Jun 15, 2015). about-federal-policies-relative-equal-housing- 21 17 Id. 85 FR 2041 (Jan. 14, 2020). opportunity. 22 18 Press Release, The Hon. Mike Lee, Lee Id. at 2042. 31 See President Ronald Reagan, Proclamation Introduces Bill to Stop HUD Zoning Rule (Jul. 30, 23 85 FR 2041 (Jan. 14, 2020). 5329—Fair Housing Month, April 25, 1985 2015). 24 Id. at 2052, 2056. available at https://www.presidency.ucsb.edu/ 19 Local Zoning Decisions Protection Act of 2017, 25 NAACP v. Sec. of HUD, 817 F.2d 149, 157 (1st documents/proclamation-5329-fair-housing-month- H.R. 482, 115th Cong. (2017). Cir. 1987). 1985. 20 Affirmatively Furthering Fair Housing: 26 Chevron U.S.A. Inc. v. Natural Resources 32 42 U.S.C. 3604. Withdrawal of the Assessment Tool for Local Defense Council, 467 U.S. 837 (1984). 33 Cranston-Gonzalez National Affordable Governments, 83 FR 23923 (May 23, 2018). 27 NAACP at 154. Housing Act of 1990, Public Law 101–625 102, 105.

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by the ‘‘Ordinary-Meaning Canon’’ of proper role and expertise of state and is that the same legislative history statutory interpretation which states local authorities. makes clear that these were long-term that ‘‘words are to be understood in goals to be achieved through the narrow Court Interpretations of AFFH their ordinary, everyday meanings— means of eliminating overt housing unless the context indicates that they There is case law that arguably takes discrimination (e.g., restrictive bear a technical sense.’’ 34 Given that the a broader view of the obligations covenants).46 As the court in NAACP context for the phrase ‘‘affirmatively surrounding the AFFH requirement. observed, ‘‘the law’s supporters saw the further’’ in the Fair Housing Act does However, the principal precedents were ending of discrimination as a means not bear a technical sense, the words are decided pre-1994, in the absence of an toward truly opening the nation’s assigned their generally-understood administrative interpretation from housing stock to persons of every race meanings.35 In this context, ‘‘further’’ is HUD.39 The statutory phrase AFFH is and creed.’’ 47 They believed that used as a verb. According to the concededly ambiguous.40 Accordingly, ‘‘[d]iscrimination in the sale and rental Merriam-Webster Dictionary, to under Chevron vs. NRDC, HUD retains of housing has been the root cause of the ‘‘further’’ is ‘‘to help forward.’’ 36 In discretion to formulate a different widespread patterns of de facto 41 seeking to further an objective, one acts definition of this ambiguous phrase: segregation.’’ 48 The FHA was seen by its to help it forward. Accordingly, HUD The seminal case on the meaning of authors as only a ‘‘first step’’ in AFFH is the 1987 First Circuit decision 49 defines ‘‘further’’ to mean ‘‘promote.’’ 42 achieving a grander vision. By Similarly, Ballentine’s Law Dictionary in NAACP v. Secretary of HUD. It held ensuring that housing is free of defines ‘‘affirm’’ verbatim as the that ‘‘affirmatively furthering’’ imposes discrimination, the FHA would following: ‘‘[. . .] to confirm or ratify a an obligation ‘‘to do more than simply establish ‘‘a policy of dispersal through statement, belief, opinion, decision or refrain from discriminating (and from open housing’’ to ‘‘the point where the judgement . . .’’ 37 The term purposely aiding discrimination by supply of genuinely open housing others).’’ 43 The question is how much ‘‘affirmative’’ is defined verbatim as the increases.’’ 50 In short, enforcing non- following: ‘‘an answer ‘yes’; something more. HUD’s rule is consistent with the discrimination would produce open beyond passive tolerance or judicial consensus that AFFH requires housing which in turn would reduce acceptance.’’ 38 In the context of the more than simply not discriminating. segregated living patterns by ensuring statute, the threshold to act Grantees may not be passive. They must that families regardless of race could ‘‘affirmatively’’ is met in undertaking an actually promote fair housing for live where ‘‘where [they] wish . . . and action that confirms adherence to the 51 example by fighting overt where [they] can afford.’’ Any broader statute’s requirements to ‘‘further’’ fair discrimination. Thus in NAACP, HUD construction of the AFFH obligation is housing. In the housing context, the failed in its own AFFH obligation difficult to square with the sponsor quantum of action required promoting because, among other things, it failed to Senator Mondale’s unambiguous fair housing to meet the requirement of demand actual fair housing enforcement pronouncement that the FHA’s policy to ‘‘affirmatively’’ furthering fair housing from the City of Boston.44 ‘‘provide . . . for fair housing’’ means is not specified in the statute. HUD The courts making the broadest ‘‘the elimination of discrimination in interprets the phrase to be flexible and claims of the AFFH requirement rely on the sale or rental of housing. That is all unspecified, but to mean generally that selective quotations from the legislative it could possibly mean.’’ 52 the grantee must take an active role history. Those decisions rely on HUD does not subscribe to broader rather than be passive. legislative history about the FHA aiming interpretations of AFFH to the extent Accordingly, in this rule, HUD to achieve ‘‘truly integrated and precedent for them may exist. The case determines that a grantees’ AFFH balanced living patterns’’ and ending law is clear that ‘‘HUD maintains certification will be deemed acceptable patterns of segregation.45 The problem discretion in determining how the if the grantee has taken some active step agency will fulfill its AFFH to promote fair housing. HUD 39 Infra, notes 44–46. obligation.’’ 53 Thus NAACP and its recognizes that jurisdictions may find 40 See, NAACP v. Harris, 567 F. Supp. 637, 644 sister cases were all interpreting an many ways to advance fair housing that (D. Mass. 1983) (Citing the AFFH and related ambiguous phrase that the agency HUD officials cannot predict. This obligations and observing, ‘‘it is extremely difficult to quantify HUD legal obligations under these would otherwise have some discretion diversity of methods is a good thing that statutes.’’). to define. Indeed, those cases were ought to be encouraged. This approach 41 Chevron, 467 U.S. ([T]he court does not simply decided years before HUD had to the definition of ‘‘affirmatively impose its own construction on the statute, as formulated a definition by rule. furthering fair housing’’ preserves would be necessary in the absence of an administrative interpretation. Rather, if the statute IV. Justification for the New Approach flexibility for jurisdictions to take action is silent or ambiguous with respect to the specific based on the needs, interests, and means issue, the question for the court is whether the Upon review, HUD concludes that of the local community, and respects the agency’s answer is based on a permissible there are sound policy reasons for construction of the statute.). 42 abandoning its prior approach and 34 NAACP, Boston Chapter v. Secretary of See Antonin Scalia & Brian A. Garner, Reading Housing and Urban Development, 817 F. 2d 149 taking a narrower view of the extent of Law: The Interpretation of Legal Texts section 6 (1st Cir. 1987). (‘‘Ordinary-Meaning Canon’’) (2012) (‘‘Reading the obligations surrounding the AFFH 43 Id., 817 F.2d at 154, citing Shannon v. Law’’); see also, e.g., United States v. Marrufo, 661 certification. These reasons are rooted in Department of Housing and Urban Development, F.3d 1204, 1207 (10th Cir. 2011) (‘‘When a term is 436 F.2d 809 (3d Cir. 1970); Otero v. New York City the principles of federalism. not defined in the Guidelines, we give it its plain Housing Authority, 484 F.2d 1122, 1134 (2d Cir. meaning’’). 1973); Alschuler v. Department of Housing and 46 See e.g., Cong. Rec. Feb. 7, 1968 p. 2535 35 Id. at section 7. Urban Development, 686 F.2d 1236, 1246–47 (6th (discussing restrictive covenants). 36 ‘‘Further.’’ Merriam-Webster.com Dictionary, Cir. 1974); See also, Nat’l Fair Hous. Alliance v. 47 See NAACP v. Sec. of HUD at 155. Merriam-Webster, https://www.merriam- Carson, 330 F.Supp. 3d 14, 24–25 (D.C. Dist. 2018). 48 Id. webster.com/dictionary/further. Accessed 22 Jul. 44 See NAACP v. Harris, 567 F. Supp. 637, 644 49 2020. (D. Mass. 1983). NAACP, 817 F.2d at 155. 50 37 ‘‘Affirm.’’ Ballentine’s Law Dictionary, (3rd ed. 45 See, e.g., Otero v. New York City Housing Id. at 154–55. 1969). Authority, 484 F.2d 1122, 1134 (2d Cir. 1973); 51 Id. at 155. 38 ‘‘Affirmative.’’ Ballentine’s Law Dictionary, Shannon v. U.S. Dep’t of Hous. & Urban Dev., 436 52 Supra id. at 154. (3rd ed. 1969). F.2d 809, 821 (3d Cir. 1970). 53 Carson, 330 F. Supp. 3d at 25.

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Federalism & Preserving Local Control relevant legislative enactments. In other 1200 states, counties, and cities, so HUD HUD’s revised interpretation better instances, Congress has shown that it is retains authority to pursue analysis of perfectly capable of imposing strict housing barriers through these grant comports both with Congress’s explicit 64 intent to protect local decision making. reporting and monitoring requirements instruments. In all cases, grantees Federal law explicitly prohibits HUD on grantees when it deems such must retain records sufficient to prove requirements appropriate.58 from using grants to interfere in local Yet that they are properly discharging their Congress has not imposed such detailed obligations. decision making. 42 U.S.C. 12711, monitoring and reporting requirements under the heading ‘‘Protection of State Federalism Considerations in connection with grantees’ AFFH and local authority’’ provides: obligations. Therefore, the agency HUD’s approach in the new rule is The Secretary shall not establish any exercises its discretion and declines to also supported by HUD’s determination criteria for allocating or denying funds made impose detailed monitoring or reporting that federal agencies addressing matters available under programs administered by requirements by regulation.59 that are traditionally within the the Secretary based on the adoption, Furthermore, the Supreme Court has authority of the States (such as housing) continuation, or discontinuation by a should take a narrow view of the scope jurisdiction of any public policy, regulation, specifically held that the Fair Housing or law that is (1) adopted, continued, or Act ‘‘is not an instrument to force of their power. A growing body of discontinued in accordance with the housing authorities to reorder their scholarship and judicial precedent is jurisdiction’s duly established authority, and priorities.’’ 60 Indeed, the Fair Housing raising the alarm that the ballooning (2) not in violation of any Federal law.54 Act ‘‘does not decree a particular vision administrative state shifts important of urban development.’’ 61 In short, the policy choices from Congress to Other statutes also cut against prescriptive nature of the prior rule was comparatively unaccountable interpreting the AFFH certification to in tension with Congress’s intent and administrative agencies.65 require an AI or similar assessment of the current legal landscape, which Recently, discussion of this broad housing barriers. To obtain Community places trust in local jurisdictions to principle has centered on an important Development Program (CPD) funding, make the best decisions for themselves, concept in Administrative Law known States and localities are required to within the broad confines of the Fair as ‘‘the major issues doctrine.’’ Under submit a housing strategy. That strategy Housing Act’s limitations, including its this doctrine, judges ‘‘presume that must include an assessment of whether requirement that HUD grantees AFFH.62 Congress does not delegate its authority regulatory barriers, including ‘‘building The AFFH Rule, as amended, is the to settle or amend major social and codes, fees, growth limits, taxes, and most faithful to the text and purpose of economic policy decisions.’’ 66 The zoning, increase housing costs as well as the Fair Housing Act. It must be local reason is that a ‘‘major policy change strategies to overcome any negative governments, not HUD, that exercise should be made by the most 55 effects of these policies.’’ Yet the law control of administering local housing democratically accountable process.’’ 67 also independently requires an AFFH policies, including zoning and If an ‘‘agency wants to exercise certification, which would be redundant development policies that are unique to expansive regulatory authority over if the certification inherently required a a particular community. some major social or regulatory activity housing barriers analysis.56 This does not mean HUD will retreat . . . an ambiguous grant of statutory It is notable that even as Congress from its fair housing mission. Grantees’ authority is not enough.’’ 68 As the required jurisdictions to analyze failure to take active steps to address Supreme Court has put it, when it housing barriers, it still acted discrimination in the rental and sale of comes to delegating authority to federal unambiguously to protect local control. housing would be a violation of the agencies, Congress ‘‘does not one might The law explicitly prohibits HUD from AFFH requirement at the most basic say, hide elephants in mouseholes.’’ 69 denying CPD funds based on a level. Moreover, as discussed above, Thus, the Court has held that a jurisdiction’s failure to alter any of the entirely separate from the AFFH regulatory interpretation by an agency is regulatory barriers it identified in its certification, Congress required certain ‘‘unreasonable’’ if it results in ‘‘an housing strategy.57 CPD grantees, at a minimum, to evaluate enormous and transformative expansion HUD’s amended AFFH rule gives potential barriers to affordable housing in . . . regulatory authority without local communities maximum flexibility such as zoning and local land use in designing and implementing sound laws.63 CPD grantees cover as many as program (‘‘CDBG’’); (2) the Emergency Shelter Grant policies responsive to unique local program (‘‘ESG’’); and (3) the HOME Investment needs, and eliminates overly 58 See, e.g., 42 U.S.C. 7661(a)–(c), 7661(b)–(c) Partnership program (‘‘HOME’’). burdensome, intrusive and inconsistent (requiring that an applicant (1) submit a permit 64 Community Development Fund: 2020 Summary of Resources. Department of Housing and reporting and monitoring requirements. application and a compliance plan describing how it will comply with all EPA requirements, (2) certify Urban Development, available at, https:// The amended rule is consistent with its compliance annually, and (3) submit to www.hud.gov/sites/dfiles/CFO/documents/2020CJ- inspection, entry, monitoring and reporting CDFund.pdf. 54 In the Westchester litigation, the Second Circuit requirements). 65 See, Mike Jayne, As Far as Reasonably held this provision did not bar HUD tying funding 59 See Nat’l Fair Hous. Alliance at 25. Practicable: Reimagining the Role of Congress in to the County changing its zoning laws. To reach 60 See Tex. Dep’t of Hous. & Cmty. Affairs v. Agency Rulemaking, Fed. Soc. Rev. Vol. 21 (2020); this conclusion, the court adopted the strained Inclusive Cmtys. Project, Inc., 576 U.S. 519, 537. Adam Gustafson, The Major Questions Doctrine reading that forcing the County to ‘‘overcome’’ its 61 Id. at 537; see also id. (‘‘Zoning officials, Outside Chevron’s Domain, CSAS Working Paper zoning laws was not the same as requiring the moreover, must often make decisions based on a (Jul. 2019); Joseph Postell, Taking on the County to repeal them. The distinction between mix of factors, both objective [such as cost and Administrative State, Heritage.org. (Oct. 9, 2017). overcoming and repealing is very fine and at war traffic patterns] and, at least to some extent, 66 Eskridge, William N. Interpreting Law: a Primer with the both the spirit and the letter of the law. subjective [such as preserving historic architecture]. on How to Read Statutes and the Constitution. HUD declines to read this explicit statute narrowly These factors contribute to a community’s quality Foundation Press, 2016. so that the non-specific AFFH obligation can be of life and are legitimate concerns for housing 67 Id. read broadly. See, County of Westchester v. U.S. authorities.’’) 68 USTA v. FCC, et al., No. 15–1063 (D.C. Cir. Department of Housing and Urban Development, et 62 Press Release, The Hon. Mike Lee, Lee 2017) (Kavanaugh, B., dissenting). Retrieved at: al., 802 F.3d 413 (2d Cir. 2015). Introduces Bill to Stop HUD Zoning Rule (Jul. 30, https://apps.fcc.gov/edocs_public/attachmatch/ 55 42 U.S.C. 12705(b)(4). 2015). DOC-344654A1.pdf. 56 42 U.S.C. 12705(b)(15). 63 42 U.S.C. 12705(b)(4); CPD programs include 69 Whitman v. Am. Trucking Ass’ns, 531 U.S. 457, 57 42 U.S.C. 12705(c)(1). (1) the Community Development Block Grant 468 (2001).

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clear congressional authorization.’’ 70 promoting fair housing, such as helping legal formality without adding Indeed, ‘‘[w]hen an agency claims to eliminate housing discrimination. substance to the debate. discover in a long-extant statute an Accordingly, HUD has waived its VI. Notice-and-Comment Does Not unheralded power to regulate a policy that would otherwise voluntarily Apply significant portion of the American subject the new AFFH rule to notice- economy,’’ the Supreme Court will The Administrative Procedure Act and-comment. As required by law, the ‘‘typically greet its announcement with exempts from notice-and-comment waiver will be printed in the Federal a measure of skepticism.’’ 71 Rather, the rulemaking any ‘‘matter relating to Register. Court expects that Congress will ‘‘speak agency management or personnel or to clearly if it wishes to assign an agency public property, loans, grants, benefits, VII. Findings and Certifications decisions of vast economic and political or contracts.’’ 76 Because this rule Executive Orders 12866 and 13563, significance.’’ 72 applies only to the AFFH obligation of Regulatory Planning and Review In addition, it is states and local grantees, it is exempt under the APA. Pursuant to Executive Order 12866 jurisdictions that have traditionally However, in 1969, the Administrative (Regulatory Planning and Review), a regulated zoning and development Conference of the United States (ACUS) determination must be made whether a policy, not the federal government, and urged Congress to amend the APA to regulatory action is significant and courts have readily acknowledged that remove this exemption. Congress therefore, subject to review by the Office ‘‘States retain substantial sovereign declined. Still, several agencies, of Management and Budget (OMB) in powers under our constitutional including HUD, issued statements of accordance with the requirements of the scheme, powers with which Congress policy that had the effect of voluntarily Executive Order. In light of the waiver does not readily interfere.’’ 73 Indeed, adopting ACUS’s recommendation.77 executed by Secretary Carson and the the District of Columbia Circuit has held HUD’s policy still remains in force, and status of this regulation as exempt from that federal law ‘‘may not be interpreted while this policy can no longer be notice and comment under 5 U.S.C. to reach into areas of State sovereignty repealed, the Secretary retains the 553(a)(2), review of this regulation has unless the language of the federal law authority to waive the requirements of been waived under Executive Order compels the intrusion.’’ 74 Thus, ‘‘if 24 CFR 10.1 in individual cases.78 12866 section 6(a)(3)(A). Congress intends to alter the usual The AFFH rule is particularly well- constitutional balance between the Executive Order 13563 (Improving suited to a waiver from public notice Regulations and Regulatory Review) States and the Federal Government, it and comment because it has already must make its intention to do so directs executive agencies to analyze been the subject of extensive public regulations that are ‘‘outmoded, unmistakably clear in the language of debate. Over the past several years, HUD the statute.’’ 75 ineffective, insufficient, or excessively has received extensive public feedback burdensome, and to modify, streamline, The phrase ‘‘affirmatively further fair about AFFH. Both through the notice- housing’’ is vague and unclear. The expand, or repeal them in accordance and-comment period in connection with with what has been learned.’’ Executive ordinary meaning of the phrase does not the July 2015 AFFH Rule and the notice- invite a fundamental expansion of HUD Order 13563 also directs that, where and-comment period that concluded relevant, feasible, and consistent with regulations to include cumbersome earlier this year, HUD has received tens policy, monitoring or reporting regulatory objectives, and to the extent of thousands of comments covering a permitted by law, agencies are to requirements that will significantly wide range of stakeholders, including affect the economy by impacting local identify and consider regulatory public housing agencies, other housing approaches that reduce burdens and zoning and development policies across providers, organizations representative the nation. Hanging a massively maintain flexibility and freedom of of housing providers, governmental choice for the public. HUD believes that intrusive regulatory structure on such a jurisdictions and agencies, civil rights cryptic, four-word phrase is inconsistent this final rule would provide maximum organizations, tenant and other housing flexibility and freedom for HUD with the bedrock principles of advocacy organizations, and concerned separation of powers. grantees to AFFH and is consistent with citizens. There has also been a thorough Executive Order 13563. V. This Final Rule public debate on these issues in print and online. In light of this public Executive Order 13771, Regulatory Costs The rule repeals the 2015 AFH and engagement, further notice and 1994 AI requirements where they Executive Order 13771, entitled comment concerning AFFH is appear in regulation. Thus, it returns to ‘‘Reducing Regulation and Controlling unnecessary and would simply be a the original understanding of what the Regulatory Costs,’’ was issued on January 30, 2017. This final rule is an statutory AFFH certification was prior 76 5 U.S.C. 553(a)(2). Executive Order 13771 deregulatory to the 1994 regulation: A general 77 24 CFR 10.1. commitment that grantees will use the 78 42 U.S.C. 3535(q); 24 CFR 5.110. In 1996, HUD action. The burden for the lengthy funds to take active steps to promote fair proposed a rule to eliminate part 10 from its Assessment of Fair Housing (AFH), with housing. Thus, grantee AFFH regulations entirely. (61 FR 42722). In response, its separate community engagement and certifications will be deemed sufficient Congress passed an amendment to an reporting requirements, would be appropriations bill, continued in subsequent years, provided they took any action during requiring HUD to ‘‘maintain all current eliminated under this proposal. the relevant period rationally related to requirements under part 10.’’ [Public Law 104–204, Jurisdictions would be able to determine Sec. 215] (See Statement of Amendment Sponsor: their actions to AFFH based on their 70 Utility Air Regulatory Group v. Environmental ‘‘this is a prohibition on a HUD rulemaking effort capacity and needs, allowing Protection Agency, 573 U.S. 302, 324 (2014) to eliminate HUD public notice and comment’’). To jurisdictions to avoid burdensome (citations and internal quotations omitted). maintain is to keep in place. Just as prior to this amendment the waiver provision existed, so too requirements beyond their abilities. 71 Id. (citations and internal quotations omitted). afterward. Thus, although the broader framework The previously approved information 72 Id. (citations and internal quotations omitted). may not be altered, the previously permitted waiver collections for the AFFH Local 73 ABA v. FTC, 430 F.3d 457, 471–472 (D.C.C. remains applicable. Thus, Public Law 104–204 does 2005). not abrogate the Secretary’s independent statutory Government and PHA and Assessment 74 Id. at 471. authority under 42 U.S.C. 3535(q) to waive Tools (2529–0054 and 2529–0055, 75 Id. at 471–472. regulations in specific circumstances. respectively) had a total, combined

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665,862 burden hours for all respond to, a collection of information, Puerto Rico; Reporting and respondents. This was due to the unless the collection displays a recordkeeping requirements; Student extensive nature of the tools and the currently valid Office of Management aid; Virgin Islands. additional public meeting requirements and Budget (OMB) control number. The 24 CFR Part 574 to complete an AFH. HUD has already information collection requirements for temporarily withdrawn the Local Affirmatively Furthering Fair Housing Community facilities; Grant Government Assessment Tool, and this collected have previously been programs—housing and community final rule makes that removal approved by OMB under the Paperwork development; Grant programs—social permanent. By removing these Reduction Act and assigned OMB programs; HIV/AIDS; Low- and requirements, HUD expects that the control number 2506–0117 moderate-income housing; Reporting AFFH process will result in a significant (Consolidated Plan, Annual Action Plan and recordkeeping requirements. reduction from the previous process & Annual Performance Report). 24 CFR Part 576 requirements. Unfunded Mandates Reform Act The final rule significantly reduces Community facilities; Grant the reporting burden for jurisdictions in Title II of the Unfunded Mandates programs—housing and community the formulation of AFFH strategies, Reform Act of 1995 (Pub. L. 104–4; development; Grant programs—social reducing costs by an estimated of no approved March 22, 1995) (UMRA) programs; Homeless; Reporting and less than $23.7 million per year. establishes requirements for Federal recordkeeping requirements. agencies to assess the effects of their 24 CFR Part 903 Executive Order 12612, Federalism regulatory actions on state, local, and Executive Order 13132 (entitled tribal governments, and on the private Administrative practice and ‘‘Federalism’’) prohibits an agency from sector. This rule does not impose any procedure; Public housing; Reporting publishing any rule that has federalism Federal mandates on any state, local, or and recordkeeping requirements. implications if the rule either imposes tribal government, or on the private Accordingly, for the reasons described substantial direct compliance costs on sector, within the meaning of the in the preamble, HUD amends 24 CFR state and local governments and is not UMRA. parts 5, 91, 92, 570, 574, 576, and 903 as follows: required by statute, or the rule preempts List of Subjects state law, unless the agency meets the consultation and funding requirements 24 CFR Part 5 PART 5—GENERAL HUD PROGRAM REQUIREMENTS; WAIVERS of Section 6 of the Executive Order. This Administrative practice and rule would not have federalism procedure, Aged, Claims, Crime, ■ 1. The authority citation for part 5, implications and would not impose Government contracts, Grant subpart A, continues to read as follows: substantial direct compliance costs on programs—housing and community state and local governments or preempt Authority: 29 U.S.C. 794, 42 U.S.C. 1437a, development, Individuals with 1437c, 1437c–1(d), 1437d, 1437f, 1437n, state law within the meaning of the disabilities, Intergovernmental relations, 3535(d), and Sec. 327, Pub. L. 109–115, 119 Executive Order. Loan programs—housing and Stat. 2936; 42 U.S.C. 3600–3620; 42 U.S.C. Environmental Impact community development, Low and 5304(b); 42 U.S.C. 12101 et seq.; 42 U.S.C. moderate income housing, Mortgage 12704–12708; Executive Order 11063, 27 FR This final rule is a policy document insurance, Penalties, Pets, Public 11527, 3 CFR, 1958–1963 Comp., p. 652; that sets out fair housing and housing, Rent subsidies, Reporting and Executive Order 12892, 59 FR 2939, 3 CFR, nondiscrimination standards. recordkeeping requirements, Social 1994 Comp., p. 849. Accordingly, under 24 CFR 50.19(c)(3), security, Unemployment compensation, ■ 2. Revise § 5.150 to read as follows: this final rule is categorically excluded Wages. from environmental review under the § 5.150 Affirmatively Further Fair Housing; National Environmental Policy Act of 24 CFR Part 91 Definition. 1969 (42 U.S.C. 4321 et seq.). Aged; Grant programs—housing and (a) The phrase ‘‘fair housing’’ in 42 community development; Homeless; U.S.C. 5304(b)(2), 5306(d)(7)(B), Regulatory Flexibility Act Individuals with disabilities; Low and 12705(b)(15), and 1437c–1(d)(16) means The Regulatory Flexibility Act (5 moderate income housing; Reporting housing that, among other attributes, is U.S.C. 601 et seq.) generally requires an and recordkeeping requirements. affordable, safe, decent, free of unlawful agency to conduct a regulatory discrimination, and accessible as flexibility analysis of any rule subject to 24 CFR Part 92 required under civil rights laws. notice and comment rulemaking Administrative practice and (b) The phrase ‘‘affirmatively further’’ requirements, unless the agency certifies procedure; Low and moderate income in 42 U.S.C. 5304(b)(2), 5306(d)(7)(B), that the rule will not have a significant housing; Manufactured homes; Rent 12705(b)(15), and 1437c–1(d)(16) means economic impact on a substantial subsidies; Reporting and recordkeeping to take any action rationally related to number of small entities. Because HUD requirements. promoting any attribute or attributes of has determined that good cause exists to fair housing as defined in the preceding 24 CFR Part 570 issue this rule without prior public subsection. comment, this rule is not subject to the Administrative practice and ■ 3. Revise § 5.151 as follows: requirement to publish an initial or final procedure; American Samoa; regulatory flexibility analysis under the Community development block grants; § 5.151 AFFH Certifications. RFA as part of such action. Grant programs—education; Grant A HUD program participant’s programs—housing and community certification that it will affirmatively Paperwork Reduction Act development; Guam; Indians; Loan further fair housing is sufficient if the In accordance with the Paperwork programs—housing and community participant takes, in the relevant period, Reduction Act of 1995 (44 U.S.C. 3501– development; Low and moderate any action that is rationally related to 3520), an agency may not conduct or income housing; Northern Mariana promoting one or more attributes of fair sponsor, and a person is not required to Islands; Pacific Islands Trust Territory; housing as defined in section 5.150(a).

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Nothing in this paragraph relieves consultation will help provide a better process of developing and jurisdictions of their other obligations basis for the certification by the implementing the consolidated plan. under civil rights and fair housing authorized official that the PHA Plan is (iii) The jurisdiction shall encourage, statutes and regulations. consistent with the consolidated plan in conjunction with consultation with and the local government’s description public housing agencies, the §§ 5.152 through 5.168 [Removed and of its strategy for affirmatively participation of residents of public and Reserved] furthering fair housing and the manner assisted housing developments ■ 4. Remove §§ 5.152 through 5.168. in which it will address the needs of (including any resident advisory boards, public housing and, where necessary, resident councils, and resident PART 91—CONSOLIDATED the manner in which it will provide management corporations) in the SUBMISSIONS FOR COMMUNITY financial or other assistance to a process of developing and PLANNING AND DEVELOPMENT troubled PHA to improve the PHA’s implementing the consolidated plan, PROGRAMS operations and remove the designation along with other low-income residents of troubled, as well as obtaining PHA of targeted revitalization areas in which ■ 5. The authority citation for part 91 input on addressing fair housing issues the developments are located. The continues to read as follows: in the Public Housing and Housing jurisdictions shall make an effort to Authority: 42 U.S.C. 3535(d), 3601–19, Choice Voucher programs. provide information to the PHA about 5301–5315, 11331–11388, 12701–12711, affirmatively furthering fair housing 12741–12756, and 12901–12912. * * * * * ■ 8. Amend § 91.105 by: strategy, and consolidated plan ■ 6. In § 91.5, revise the introductory ■ a. Revising paragraphs (a)(2)(i) activities related to its developments paragraph to read as follows. through (iii); and surrounding communities so that ■ the PHA can make this information § 91.5 Definitions. b. Revising (b) introductory text; ■ c. Revising paragraph (b)(1)(i); available at the annual public hearing(s) The terms Affirmatively Furthering ■ d. Revising paragraphs (b)(2) through required for the PHA Plan. Fair Housing, elderly person, and HUD (5); * * * * * are defined in 24 CFR part 5. ■ e. Revising paragraph (c); (b) Development of the consolidated * * * * * ■ f. Revising paragraph (e)(1)(i); plan. The citizen participation plan ■ ■ 7. Amend § 91.100 to revise g. Removing paragraph (e)(1)(iii); must include the following minimum ■ paragraphs (a)(1), (c)(1), and remove (e) h. Revising paragraphs (g) through (j); requirements for the development of the to read as follows: and consolidated plan: ■ i. Removing paragraph (l). (1)(i) The citizen participation plan § 91.100 Consultation; local governments. The revisions read as follows: must require that at or as soon as (a) General. (1) When preparing the § 91.105 Citizen participation plan; local feasible after the start of the public consolidated plan, the jurisdiction shall governments. participation process the jurisdiction consult with other public and private (a) * * * will make the HUD-provided data and agencies that provide assisted housing, (2) Encouragement of citizen any other supplemental information the health services, and social services participation. (i) The citizen jurisdiction plans to incorporate into its (including those focusing on services to participation plan must provide for and consolidated plan available to its children, elderly persons, persons with encourage citizens to participate in the residents, public agencies, and other disabilities, persons with HIV/AIDS and development of the consolidated plan, interested parties. The jurisdiction may their families, homeless persons), any substantial amendment to the make the HUD-provided data available community-based and regionally-based consolidated plan, and the performance to the public by cross-referencing to the organizations that represent protected report. These requirements are designed data on HUD’s website. class members, and organizations that especially to encourage participation by * * * * * enforce fair housing laws. When low- and moderate-income persons, (2) The citizen participation plan preparing the consolidated plan, the particularly those persons living in must require the jurisdiction to publish jurisdiction shall also consult with areas designated by the jurisdiction as a the proposed consolidated plan in a public and private organizations. revitalization area or in a slum and manner that affords its residents, public Commencing with consolidated plans blighted area and in areas where CDBG agencies, and other interested parties a submitted on or after January 1, 2018, funds are proposed to be used, and by reasonable opportunity to examine its such consultations shall include residents of predominantly low- and content and to submit comments. The broadband internet service providers, moderate-income neighborhoods, as citizen participation plan must set forth organizations engaged in narrowing the defined by the jurisdiction. A how the jurisdiction will publish the digital divide, agencies whose primary jurisdiction must take appropriate proposed consolidated plan and give responsibilities include the management actions to encourage the participation of reasonable opportunity to examine each of flood prone areas, public land or all its citizens, including minorities and document’s content. The requirement water resources, and emergency non-English speaking persons, as for publishing may be met by publishing management agencies. provided in paragraph (a)(4) of this a summary of each document in one or * * * * * section, as well as persons with more newspapers of general circulation, (c) Public housing agencies (PHAs). disabilities. and by making copies of each document (1) The jurisdiction shall consult with (ii) The jurisdiction shall encourage available on the internet, on the local PHAs operating in the jurisdiction the participation of local and regional jurisdiction’s official government regarding consideration of public institutions, Continuums of Care, and website, and as well at libraries, housing needs, planned programs and other organizations (including government offices, and public places. activities, strategies for affirmatively businesses, developers, nonprofit The summary must describe the content furthering fair housing, and proposed organizations, philanthropic and purpose of the consolidated plan actions to affirmatively further fair organizations, and community-based and must include a list of the locations housing in the consolidated plan. This and faith-based organizations) in the where copies of the entire proposed

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document may be examined. In (e) Public hearings—(1)(i). § 91.110 Consultation; States. addition, the jurisdiction must provide Consolidated plan. The citizen (a) When preparing the consolidated a reasonable number of free copies of participation plan must provide for at plan, the State shall consult with other the plan to residents and groups that least two public hearings per year to public and private agencies that provide request it. obtain residents’ views and to respond assisted housing (including any state (3) The citizen participation plan to proposals and questions, to be housing agency administering public must provide for at least one public conducted at a minimum of two housing), health services, and social and hearing during the development of the different stages of the program year. fair housing services (including those consolidated plan. See paragraph (e) of Together, the hearings must address focusing on services to children, elderly this section for public hearing housing and community development persons, persons with disabilities, requirements, generally. needs, development of proposed persons with HIV/AIDS and their (4) The citizen participation plan activities, proposed strategies and families, and homeless persons) during must provide a period, not less than 30 actions for affirmatively furthering fair preparation of the consolidated plan. calendar days, to receive comments housing, and a review of program (b) When preparing the portions of the from residents of the community on the performance. consolidated plan describing the State’s consolidated plan. * * * * * homeless strategy and the resources (5) The citizen participation plan (g) Availability to the public. The available to address the needs of shall require the jurisdiction to consider citizen participation plan must provide homeless persons (particularly any comments or views of residents of that the consolidated plan as adopted, chronically homeless individuals and the community received in writing, or consolidated plan substantial families, families with children, orally at the public hearings, in amendments, and the performance veterans and their families, and preparing the final consolidated plan. A report will be available to the public, unaccompanied youth) and persons at summary of these comments or views, including the availability of materials in risk of homelessness, the State must and a summary of any comments or a form accessible to persons with consult with: views not accepted and the reasons disabilities, upon request. The citizen (1) Each Continuum of Care within why, shall be attached to the final participation plan must state how these the state; consolidated plan. documents will be available to the (2) Public and private agencies that (c) Consolidated plan amendments. public. address housing, health, social services, (1) The citizen participation plan must (h) Access to records. The citizen victim services, employment, or specify the criteria the jurisdiction will participation plan must require the education needs of low-income use for determining what changes in the jurisdiction to provide residents of the individuals and families; of homeless jurisdiction’s planned or actual community, public agencies, and other individuals and families, including activities constitute a substantial interested parties with reasonable and homeless veterans; youth; and/or of amendment to the consolidated plan. timely access to information and records other persons with special needs; (See § 91.505.) The citizen participation relating to the jurisdiction’s (3) Publicly funded institutions and plan must include, among the criteria consolidated plan and use of assistance systems of care that may discharge for a substantial amendment, changes in under the programs covered by this part persons into homelessness (such as the use of CDBG funds from one eligible during the preceding 5 years. health-care facilities, mental health activity to another. (i) Technical assistance. The citizen facilities, foster care and other youth (2) The citizen participation plan participation plan must provide for facilities, and corrections programs and must provide community residents with technical assistance to groups institutions); and reasonable notice and an opportunity to representative of persons of low- and (4) Business and civic leaders. comment on substantial amendments to moderate-income that request such (c) When preparing the portion of its the consolidated plan. The citizen assistance in developing proposals for consolidated plan concerning lead- participation plan must state how funding assistance under any of the based paint hazards, the State shall reasonable notice and an opportunity to programs covered by the consolidated consult with state or local health and comment will be given. The citizen plan, with the level and type of child welfare agencies and examine participation plan must provide a assistance determined by the existing data related to lead-based paint period, of not less than 30 calendar jurisdiction. The assistance need not hazards and poisonings, including days, to receive comments on the include the provision of funds to the health department data on the addresses consolidated plan substantial groups. of housing units in which children have amendment before the consolidated (j) Complaints. The citizen been identified as lead-poisoned. plan substantial amendment is participation plan shall describe the (d) When preparing its method of implemented is submitted to HUD for jurisdiction’s appropriate and distribution of assistance under the review. practicable procedures to handle CDBG program, a State must consult (3) The citizen participation plan complaints from its residents related to with local governments in shall require the jurisdiction to consider the consolidated plan, amendments, nonentitlement areas of the state. any comments or views of residents of revisions, and the performance report. (e) The State must also consult with the community received in writing, or At a minimum, the citizen participation each Continuum of Care within the state orally at public hearings, if any, in plan shall require that the jurisdiction in determining how to allocate its ESG preparing the substantial amendment of must provide a timely, substantive grant for eligible activities; developing the consolidated plan. A summary of written response to every written the performance standards for, and these comments or views, and a resident complaint, within an evaluating the outcomes of, projects and summary of any comments or views not established period of time (within 15 activities assisted by ESG funds; and accepted and the reasons why, shall be working days, where practicable, if the developing funding, policies, and attached to the substantial amendment jurisdiction is a CDBG grant recipient). procedures for the operation and of the consolidated plan. * * * * * administration of the HMIS. * * * * * ■ 9. Revise § 91.110 to read as follows: ■ 10. Amend § 91.115 by:

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■ a. Revising paragraph (a)(2)(i) and (ii); parties information that includes the beneficiaries, and with accommodation ■ b. Revising paragraph (b); amount of assistance the State expects for persons with disabilities. The citizen ■ c. Redesignating paragraph (c)(1)(i) as to receive and the range of activities that participation plan must specify how it paragraph (c)(1) and removing may be undertaken, including the will meet these requirements. paragraph (c)(1)(ii); estimated amount that will benefit ■ (iii) The citizen participation plan d. Revising paragraphs (c)(2) and (3); persons of low- and moderate-income must identify how the needs of non- and and the plans to minimize displacement English speaking residents will be met ■ e. Revising paragraphs (f) through (h) of persons and to assist any persons The revisions read as follows: in the case of a public hearing where a displaced. The citizen participation significant number of non-English § 91.115 Citizen participation plan; States. plan must state when and how the State speaking residents can be reasonably (a) * * * will make this information available. expected to participate. (2) Encouragement of citizen (2) The citizen participation plan must require the State to publish the (4) The citizen participation plan participation. (i) The citizen must provide a period, of not less than participation plan must provide for and proposed consolidated plan in a manner that affords residents, units of general 30 calendar days, to receive comments encourage citizens to participate in the local governments, public agencies, and from residents and units of general local development of the consolidated plan, other interested parties a reasonable government on the consolidated plan. any substantial amendments to the opportunity to examine the document’s (5) The citizen participation plan consolidated plan, and the performance content and to submit comments. The shall require the State to consider any report. These requirements are designed citizen participation plan must set forth comments or views of its residents and especially to encourage participation by how the State will make publicly units of general local government low- and moderate-income persons, available the proposed consolidated received in writing, or orally at the particularly those living in slum and plan and give reasonable opportunity to public hearings, in preparing the final blighted areas and in areas where CDBG examine each document’s content. To consolidated plan. A summary of these funds are proposed to be used and by ensure that the consolidated plan and comments or views, and a summary of residents of predominantly low- and the PHA plan are informed by any comments or views not accepted moderate-income neighborhoods. A meaningful community participation, and the reasons therefore, shall be State must take appropriate actions to program participants should employ attached to the final consolidated plan encourage the participation of all its communications means designed to (as applicable). residents, including minorities and non- reach the broadest audience. Such (c) Amendments. The citizen English speaking persons, as provided communications may be met by participation plan must specify the in paragraph (a)(4) of this section, as publishing a summary of each criteria the State will use for well as persons with disabilities. document in one or more newspapers of determining what changes in the State’s (ii) The State shall encourage the general circulation, and by making participation of Statewide and regional planned or actual activities constitute a copies of each document available on substantial amendment to the institutions, Continuums of Care, and the internet, on the grantee’s official other organizations (including consolidated plan. (See § 91.505.) The government website, and as well at citizen participation plan must include, businesses, developers, nonprofit libraries, government offices, and public organizations, philanthropic among the criteria for a consolidated places. The summary must describe the plan, substantial amendment changes in organizations, and community-based content and purpose of the consolidated and faith-based organizations) that are the method of distribution of such plan, and must include a list of the funds. involved with or affected by the locations where copies of the entire (2) The citizen participation plan programs or activities covered by the proposed document(s) may be must provide residents and units of consolidated plan in the process of examined. In addition, the State must general local government with developing and implementing the provide a reasonable number of free reasonable notice and an opportunity to consolidated plan. Commencing with copies of the plan to its residents and comment on consolidated plan consolidated plans submitted in or after groups that request a copy of the plan. January 1, 2018, the State shall also (3) The citizen participation plan substantial amendments. The citizen encourage the participation of public must provide for at least one public participation plan must state how and private organizations, including hearing on housing and community reasonable notice and an opportunity to broadband internet service providers, development needs before the proposed comment will be given. The citizen organizations engaged in narrowing the consolidated plan is published for participation plan must provide a digital divide, agencies whose primary comment. period, of not less than 30 calendar responsibilities include the management (i) The citizen participation plan must days, to receive comments on the of flood prone areas, public land or state how and when adequate advance consolidated plan substantial water resources, and emergency notice of the hearing will be given to amendment before the consolidated management agencies in the process of residents, with sufficient information plan substantial amendment is developing the consolidated plan. published about the subject of the implemented. * * * * * hearing to permit informed comment. (3) The citizen participation plan (b) Development of the consolidated (Publishing small print notices in the shall require the State to consider any plan. The citizen participation plan newspaper a few days before the hearing comments or views of its residents and must include the following minimum does not constitute adequate notice. units of general local government requirements for the development of the Although HUD is not specifying the received in writing, or orally at public consolidated plan: length of notice required, HUD would hearings, if any, in preparing the (1) The citizen participation plan consider 2 weeks adequate.) substantial amendment of the must require that, before the State (ii) The citizen participation plan consolidated plan. A summary of these adopts a consolidated plan, the State must provide that the hearing be held at comments or views, and a summary of will make available to its residents, a time and accessible location any comments or views not accepted public agencies, and other interested convenient to potential and actual and the reasons why, shall be attached

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to the substantial amendment of the § 91.220 [Amended] section, to the extent that any racial or consolidated plan. ■ 13. Amend § 91.220 by removing ethnic group has disproportionately * * * * * paragraph (k)(1) and redesignating greater need in comparison to the needs (f) Availability to the public. The paragraph (k)(2) as paragraph (k). of that category as a whole, assessment citizen participation plan must provide ■ 14. Revise § 91.225(a)(1) to read as of that specific need shall be included. that the consolidated plan as adopted, follows: For this purpose, disproportionately consolidated plan substantial greater need exists when the percentage amendments and the performance § 91.225 Certifications. of persons in a category of need who are report will be available to the public, (a) * * * members of a particular racial or ethnic including the availability of materials in (1) Affirmatively furthering fair group in a category of need is at least a form accessible to persons with housing. Each jurisdiction is required to 10 percentage points higher than the disabilities, upon request. The citizen submit a certification that it will percentage of persons in the category as participation plan must state how these affirmatively further fair housing. This a whole. documents will be available to the includes certification that the grantee * * * * * public. will affirmatively further fair housing, consistent with §§ 5.150 and 5.151 of § 91.315 [Amended] (g) Access to records. The citizen this chapter. ■ participation plan must require the State 18. Amend § 91.315 by removing to provide its residents, public agencies, * * * * * paragraph (a)(5). ■ and other interested parties with 15. Revise § 91.230 to read as follows: § 91.320 [Amended] reasonable and timely access to § 91.230 Monitoring. ■ 19. Amend § 91.320 by removing information and records relating to the The plan must describe the standards paragraph (j)(1) and redesignating State’s consolidated plan and use of and procedures that the jurisdiction will paragraph (j)(2) as (j). assistance under the programs covered use to monitor activities carried out in ■ by this part during the preceding 5 20. Revise § 91.325(a)(1) to read as furtherance of the plan and will use to follows: years. ensure long-term compliance with (h) Complaints. The citizen requirements of the programs involved, § 91.325 Certifications. participation plan shall describe the including civil rights related program (a) * * * State’s appropriate and practicable requirements, minority business (1) Affirmatively furthering fair procedures to handle complaints from outreach, and the comprehensive housing. Each State is required to its residents related to the consolidated planning requirements. submit a certification that the grantee plan, consolidated plan amendments, ■ 16. Amend § 91.235, by revising will affirmatively further fair housing, and the performance report. At a paragraphs (c)(1) and (4) to read as consistent with §§ 5.150 and 5.151 of minimum, the citizen participation plan follows: this chapter. shall require that the State must provide * * * * * a timely, substantive written response to § 91.235 Special case; abbreviated ■ 21. Revise § 91.415 to read as follows: every written resident complaint, within consolidated plan. an established period of time (within 15 * * * * * § 91.415 Strategic plan. working days, where practicable, if the (c) What is an abbreviated plan?—(1) Strategies and priority needs must be State is a CDBG grant recipient). Assessment of needs, resources, and described in the consolidated plan, in * * * * * planned activities. An abbreviated plan accordance with the provisions of must contain sufficient information § 91.215, for the entire consortium. The ■ 11. Revise § 91.205(b)(2) to read as about needs, resources, and planned consortium is not required to submit a follows: activities to address the needs to cover nonhousing Community Development § 91.205 Housing and homeless needs the type and amount of assistance Plan; however, if the consortium assessment. anticipated to be funded by HUD. includes CDBG entitlement * * * * * * * * * * communities, the consolidated plan (b) * * * (4) Submissions, certifications, must include the nonhousing Community Development Plans of the (2) For any of the income categories amendments, and performance reports. CDBG entitlement community members enumerated in paragraph (b)(1) of this An Insular Area grantee that submits an abbreviated consolidated plan under of the consortium. The consortium must section, to the extent that any racial or this section must comply with the set forth its priorities for allocating ethnic group has disproportionately submission, certification, amendment, housing (including CDBG and ESG, greater need in comparison to the needs and performance report requirements of where applicable) resources of that category as a whole, assessment 24 CFR 570.440. This includes geographically within the consortium, of that specific need shall be included. certification that the grantee will describing how the consolidated plan For this purpose, disproportionately affirmatively further fair housing, will address the needs identified (in greater need exists when the percentage consistent with §§ 5.150 and 5.151 of accordance with § 91.405), describing of persons in a category of need who are this chapter. the reasons for the consortium’s members of a particular racial or ethnic allocation priorities, and identifying any group in a category of need is at least * * * * * obstacles there are to addressing 10 percentage points higher than the ■ 17. Revise § 91.305(b)(2) to read as underserved needs. percentage of persons in the category as follows: ■ a whole. 22. Revise § 91.420(b) to read as § 91.305 Housing and homeless needs follows: * * * * * assessment. § 91.420 Action plan. § 91.215 [Amended] * * * * * (b) * * * * * * * * ■ 12. Amend § 91.215 by removing (2) For any of the income categories (b) Description of resources and paragraph (a)(5). enumerated in paragraph (b)(1) of this activities. The action plan must describe

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the resources to be used and activities § 570.3 Definitions. housing needs, development of to be undertaken to pursue its strategic The terms Affirmatively Furthering proposed activities, and a review of plan. The consolidated plan must Fair Housing, HUD, and Secretary are program performance. There must be provide this description for all resources defined in 24 CFR part 5. All of the reasonable notice of the hearings, and and activities within the entire following definitions in this section that the hearings must be held at times and consortium as a whole, as well as a rely on data from the United States accessible locations convenient to description for each individual Bureau of the Census shall rely upon the potential or actual beneficiaries, with community that is a member of the data available from the latest decennial reasonable accommodations, including consortium. census or the American Community materials in accessible formats, for * * * * * Survey. persons with disabilities. The ■ 23. Revise § 91.425(a)(1)(i) to read as * * * * * jurisdiction must specify in its citizen participation plan how it will meet the follows: ■ 30. Amend § 570.205 by: ■ a. Removing paragraph (a)(4)(vii); and, requirement for hearings at times and § 91.425 Certifications. ■ b. Redesignating paragraph (a)(4)(viii) accessible locations convenient to (a) * * * as (a)(4)(vii) and revise the newly potential or actual beneficiaries; (1) General—(i) Affirmatively redesignated paragraph. * * * * * furthering fair housing. Each consortium The revision reads as follows: (c) Publication of proposed statement. must submit a certification that it will (1) The insular area jurisdiction shall affirmatively further fair housing, § 570.205 Eligible planning, urban publish a proposed statement consisting consistent with §§ 5.150 and 5.151 of environmental design and policy-planning- of the proposed community management-capacity building activities. this chapter. development activities and community * * * * * (a) * * * development objectives (as applicable) (4) * * * in order to afford affected residents an § 91.505 [Amended] (vii) Developing an inventory of opportunity to: properties with known or suspected ■ 24. Amend § 91.505 by removing * * * * * environmental contamination. paragraph (d). (d) Preparation of the final statement. * * * * * An insular area jurisdiction must PART 92—HOME INVESTMENT ■ 31. Amend § 570.441 by: PARTNERSHIPS PROGRAM prepare a final statement. In the ■ a. Revising (b) introductory text; preparation of the final statement, the ■ b. Revising paragraphs (b)(2) and (3); ■ 25. The authority citation for part 92 jurisdiction shall consider comments ■ c. Revising the paragraph heading to continues to read as follows: and views received relating to the paragraph (c) and revising paragraph proposed document and may, if Authority: 42 U.S.C. 3535(d), 12 U.S.C. (c)(1); appropriate, modify the final document. 1701x and 4568. ■ d. Revising paragraphs (d) and (e); The final statement shall be made ■ 26. Revise § 92.104 to read as follows: and, available to the public. The final § 92.104 Submission of a consolidated § 570.441 Citizen participation—insular statement shall include the community plan. areas. development objectives, projected use of funds, and the community development A jurisdiction that has not submitted * * * * * activities. a consolidated plan to HUD must (b) Citizen participation plan. The submit to HUD, not later than 90 insular area jurisdiction must develop (e) Program amendments. To assure calendar days after providing and follow a detailed citizen citizen participation on program notification under § 92.103, a participation plan and must make the amendments to final statements, the consolidated plan in accordance with 24 plan public. The plan must be insular area grantee shall: CFR part 91. completed and available before the (1) Furnish its residents with information concerning the amendment ■ 27. Amend § 92.508 by revising statement for assistance is submitted to to the consolidated plan; paragraph (a)(7)(i)(C) to read as follows: HUD, and the jurisdiction must certify that it is following the plan. The plan (2) Hold one or more public hearings § 92.508 Recordkeeping. must set forth the jurisdiction’s policies to obtain the views of residents on the (a) * * * and procedures for: proposed amendment to the (7) * * * * * * * * consolidated plan; (i) * * * (2) Providing technical assistance to (3) Develop and publish the proposed (C) Documentation that the groups that are representative of persons amendment to the consolidated plan in participating jurisdiction submitted a of low- and moderate-income that such a manner as to afford affected certification that it will affirmatively request assistance in developing residents an opportunity to examine the further fair housing, consistent with proposals. The level and type of contents, and to submit comments on §§ 5.150 and 5.151 of this chapter. assistance to be provided is at the the proposed amendment to the * * * * * discretion of the jurisdiction. The consolidated plan; assistance need not include the (4) Consider any comments and views PART 570—COMMUNITY provision of funds to the groups; expressed by residents on the proposed DEVELOPMENT BLOCK GRANTS (3) Holding a minimum of two public amendment to the consolidated plan, hearings for the purpose of obtaining and, if the grantee finds it appropriate, ■ 28. The authority citation for part 570 make modifications accordingly; and continues to read as follows: residents’ views and formulating or responding to proposals and questions. (5) Make the final amendment to the Authority: 12 U.S.C. 1701x, 1701 x–1; 42 Each public hearing must be conducted community development program U.S.C. 3535(d) and 5301–5320. at a different stage of the CDBG program available to the public before its ■ 29. Amend § 570.3 to revise the year. Together, the hearings must submission to HUD. introductory text to read as follows: address, community development and * * * * *

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■ 32. Revise § 570.487(b) to read as affirmatively further fair housing, PART 903—PUBLIC HOUSING follows: consistent with §§ 5.150 and 5.151 of AGENCY PLANS this title. § 570.487 Other applicable laws and ■ 40. The authority citation for part 903 ■ 35. Revise § 570.601(a)(2) to read as related program requirements. continues to read as follows: * * * * * follows: (b) Affirmatively furthering fair Authority: 42 U.S.C. 1437c; 42 U.S.C. § 570.601 Public Law 88–352 and Public 1437c–1; Pub. L. 110–289; 42 U.S.C. 3535d. housing. Each State is required to Law 90–284; affirmatively furthering fair ■ 41. Amend § 903.7 by revising submit a certification that it will housing; Executive Order 11063. affirmatively further fair housing, paragraphs (a)(1)(iii) and (o) to read as (a) * * * consistent with §§ 5.150 and 5.151 of follows: this title. Each unit of general local (2) Public Law 90–284, which is the Fair Housing Act (42 U.S.C. 3601–3620). § 903.7 What information must a PHA government is required to submit a provide in the Annual Plan? certification that it will affirmatively In accordance with the Fair Housing Act, the Secretary requires that grantees * * * * * further fair housing, consistent with (a) * * * §§ 5.150 and 5.151 of this title. administer all programs and activities related to housing and urban (1) * * * (iii) Households with individuals * * * * * development in a manner to ■ with disabilities and households of 33. Amend § 570.490 by revising affirmatively further the policies of the various races and ethnic groups residing paragraphs (a)(1) and (b) to read as Fair Housing Act. Each community in the jurisdiction or on the waiting list. follows: receiving a grant under subpart D of this * * * * * § 570.490 Recordkeeping requirements. part, shall submit a certification that it will affirmatively further fair housing, (o) Civil rights certification. (1) The (a) * * * PHA must certify that it will carry out (1) The State shall establish and consistent with §§ 5.150 and 5.151 of this title. its plan in conformity with title VI of maintain such records as may be the Civil Rights Act of 1964 (42 U.S.C. necessary to facilitate review and audit * * * * * 2000d–2000d–4), the Fair Housing Act by HUD of the State’s administration of PART 574—HOUSING (42 U.S.C. 3601–19), section 504 of the CDBG funds under § 570.493. The Rehabilitation Act of 1973 (29 U.S.C. content of records maintained by the OPPORTUNITIES FOR PERSONS WITH AIDS 794), title II of the Americans with State shall be as jointly agreed upon by Disabilities Act of 1990 (42 U.S.C. 12101 HUD and the States and sufficient to ■ et seq.), and other applicable Federal enable HUD to make the determinations 36. The authority citation for part 574 continues to read as follows: civil right laws, and that it will described at § 570.493. For fair housing affirmatively further fair housing, and equal opportunity purposes, Authority: 12 U.S.C. 1701x, 1701x–1; 42 consistent with §§ 5.150 and 5.151 of U.S.C. 3535(d) and 5301–5320. whereas such data is already being this title. collected and where applicable, such ■ 37. In § 574.530. revise paragraph (b) (2) The certification is applicable to records shall include data on the racial, to read as follows: both the 5-Year Plan and the Annual ethnic, and gender characteristics of Plan, including any plan incorporated persons who are applicants for, § 574.530 Recordkeeping. therein. participants in, or beneficiaries of the * * * * * program. The records shall also permit * * * * * (b) Documentation that the grantee ■ 42. Revise § 903.15 to read as follows: audit of the States in accordance with submitted a certification that it will 24 CFR part 85. affirmatively further fair housing, § 903.15 What is the relationship of the * * * * * consistent with §§ 5.150 and 5.151 of public housing agency plans to the (b) Unit of general local government’s this title. Consolidated Plan and a PHA’s Fair Housing Requirements? record. The State shall establish * * * * * recordkeeping requirements for units of (a) The PHA must ensure that the general local government receiving PART 576—EMERGENCY SOLUTIONS Annual Plan is consistent with any CDBG funds that are sufficient to GRANTS PROGRAM applicable Consolidated Plan for the facilitate reviews and audits of such jurisdiction in which the PHA is units of general local government under ■ 38. The authority citation for part 576 located. §§ 570.492 and 570.493. For fair continues to read as follows: (1) The PHA must submit a certification by the appropriate State or housing and equal opportunity Authority: 12 U.S.C. 1701x, 1701x–1; 42 purposes, whereas such data is already U.S.C. 11371 et seq., 42 U.S.C. 3535(d). local officials that the Annual Plan is being collected and where applicable, consistent with the Consolidated Plan such records shall include data on the ■ 39. Amend § 576.500 by revising and include a description of the manner racial, ethnic, and gender characteristics paragraph (s)(1)(ii) to read as follows: in which the applicable plan contents of persons who are applicants for, § 576.500 Recordkeeping and reporting are consistent with the Consolidated participants in, or beneficiaries of the requirements. Plans. program. (2) For State agencies that are PHAs, * * * * * the applicable Consolidated Plan is the * * * * * (s) * * * ■ 34. In § 570.506, revise paragraph State Consolidated Plan. (1) * * * (b) A PHA may request to change its (g)(1) to read as follows: (ii) Documentation that the recipient fiscal year to better coordinate its § 570.506 Records to be maintained. submitted a certification that it will planning with the planning done under * * * * * affirmatively further fair housing, the Consolidated Plan process, by the (g) * * * consistent with §§ 5.150 and 5.151 of State or local officials, as applicable. (1) Documentation that the recipient this title. ■ 43. Amend § 903.23 by revising submitted a certification that it will * * * * * paragraph (f) to read as follows:

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§ 903.23 What is the process by which This action is being taken to provide for vessel may enter or transit this safety HUD reviews, approves, or disapproves an the safety of life on navigable waterways zone unless authorized by the Captain Annual Plan? during this 3-day event. Our regulation of the Port Puget Sound or her * * * * * for marine events within the Eleventh designated representative. (f) Recordkeeping. PHAs must Coast Guard District, § 100.1101, maintain records reflecting a specifies the location of the regulated DATES: The regulations in 33 CFR certification that the PHA will area for the San Diego Bayfair which 165.1305 will be enforced from 1 p.m. affirmatively further fair housing, encompasses the waters of Mission Bay until 4 p.m. on September 12, 2020, and consistent with §§ 5.150 and 5.151 of to include Fiesta Bay, the east side of September 13, 2020. this title. Vacation Isle, and Crown Point shores. FOR FURTHER INFORMATION CONTACT: If Dated: July 23, 2020. Under the provisions of § 100.1101, you have questions about this notice of persons and vessels are prohibited from Benjamin S. Carson, Sr., enforcement, call or email Chief anchoring, blocking, loitering, or Secretary. Warrant Officer William E. Martinez, impeding within this regulated area [FR Doc. 2020–16320 Filed 8–6–20; 8:45 am] unless authorized by the Captain of the Sector Puget Sound Waterways BILLING CODE 4210–67–P Port, or his designated representative. Management Division, U.S. Coast The Coast Guard may be assisted by Guard; telephone 206–217–6051, email other Federal, State, or local law [email protected]. DEPARTMENT OF HOMELAND enforcement agencies in enforcing this SUPPLEMENTARY INFORMATION: The Coast SECURITY regulation. Guard will enforce the safety zone in 33 In addition to this notice of CFR 165.1305 from 1 p.m. to 4 p.m. on Coast Guard enforcement in the Federal Register, the September 12, 2020, and September 13, Coast Guard plans to provide 2020 unless the COTP of Puget Sound 33 CFR Part 100 notification of this enforcement period grants general permission to enter the [Docket No. USCG–2020–0402] via the Local Notice to Mariners and local advertising by the event sponsor. regulated area during these stated enforcement periods. This action is Special Local Regulation; Southern If the Captain of the Port Sector San California Annual Marine Events for Diego or his designated representative being taken to provide for the safety of San Diego—San Diego Bayfair determines that the regulated area need life on navigable waterways during the not be enforced for the full duration aerial demonstrations above the AGENCY: Coast Guard, DHS. stated on this document, he or she may waterway. ACTION: Notice of enforcement of use a Safety Marine Information The safety zone resembles a rectangle regulation. Broadcast or other communications protruding from the shoreline along coordinated with the event sponsor to Ruston Way and will be marked by the SUMMARY: The Coast Guard will enforce grant general permission to enter the event sponsor. The specific coordinates the San Diego Bayfair special local regulated area. regulations on the waters of Mission of the safety zone location are listed in Dated: July 29, 2020. Bay, California from September 18 33 CFR 165.1305. through September 20, 2020. These T.J. Barelli, As specified in § 165.1305(c), during special local regulations are necessary to Captain, U.S. Coast Guard, Captain of the the enforcement periods, no vessel may Port San Diego. provide for the safety of the transit the regulated area without participants, crew, spectators, sponsor [FR Doc. 2020–17011 Filed 8–6–20; 8:45 am] approval from the COTP or a COTP vessels, and general users of the BILLING CODE 9110–04–P designated representative. The COTP waterway. During the enforcement may be assisted by other federal, state, period, persons and vessels are DEPARTMENT OF HOMELAND and local law enforcement agencies in prohibited from anchoring, blocking, SECURITY enforcing this regulation. loitering, or impeding within this In addition to this notice of regulated area unless authorized by the Coast Guard Captain of the Port, or his designated enforcement in the Federal Register, the representative. Coast Guard plans to provide 33 CFR Part 165 notification of this enforcement period DATES: The regulations in 33 CFR [Docket No. USCG–2020–0464] via the Local Notice to Mariners, marine 100.1101, Item 9, will be enforced from information broadcasts during the day 6 a.m. until 6 p.m., each day from Safety Zone; Commencement Bay, of the event. If the COTP determines the September 18, 2020 through September Tacoma, WA safety zone need not be enforced for the 20, 2020. AGENCY: Coast Guard, DHS. full duration stated in the notice of FOR FURTHER INFORMATION CONTACT: If ACTION: enforcement, she may use a Broadcast you have questions about this notice of Notice of enforcement of regulation. Notice to Mariners to grant general enforcement, call or email Lieutenant permission to enter the regulated area. Briana Biagas, Waterways Management, SUMMARY: The Coast Guard will enforce U.S. Coast Guard Sector San Diego, CA; safety zone regulations for the Tacoma Dated: July 30, 2020. telephone (619) 278–7656, email Freedom Fair Air Show on L.A. Sturgis, [email protected]. Commencement Bay from 1 p.m. to 4 Captain, U.S. Coast Guard, Captain of the SUPPLEMENTARY INFORMATION: The Coast p.m. on both September 12, 2020, and Port Puget Sound. Guard will enforce special local September 13, 2020. This action is [FR Doc. 2020–17035 Filed 8–6–20; 8:45 am] regulations in 33 CFR 100.1101 for the necessary to ensure the safety of the BILLING CODE 9110–04–P San Diego Bayfair race regulated area public from inherent dangers associated from 6 a.m. to 6 p.m. from September with the annual aerial displays. During 18, 2020 through September 20, 2020. the enforcement periods, no person or

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