[Federal Register Volume 71, Number 149 (Thursday, August 3, 2006)]
[Notices]
[Pages 44038-44040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-12498]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5030-C-21A, 22A]
Notice of HUD's Fiscal Year (FY) 2006 Notice of Funding
Availability, Policy Requirements and General Section to SuperNOFA for
HUD's Discretionary Grant Programs; Correction
AGENCY: Office of the Secretary, HUD.
ACTION: Super Notice of Funding Availability (SuperNOFA) for HUD
Discretionary Grant Programs; Correction.
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SUMMARY: On March 8, 2006, HUD published its Fiscal Year (FY) 2006
SuperNOFA (SuperNOFA), for HUD's Discretionary Grant Programs. This
document makes corrections to the notices of funding availability
(NOFA) for the Section 202 Supportive Housing for the Elderly Program
(Section 202) and the Section 811 Supportive Housing for Persons with
Disabilities Program (Section 811). Through this notice, HUD is
announcing that it has amended its
[[Page 44039]]
requirement for the preparation of Phase I Environmental Site
Assessments (ESA) to permit HUD to accept as an acceptable Phase I ESA,
either one that had been prepared based on the current American Society
for Testing and Material (ASTM) Standard E 1527-05 or the previous
Standard E 1527-00. Because the requirement to submit a Phase I ESA is
a threshold issue that does not affect an applicant's scoring, HUD is
not reopening either the Section 202 or Section 811 competitions and
will not accept additional applications.
DATES: The application submission dates for the Section 202 and Section
811 programs of the FY2006 SuperNOFA remain as published in the Federal
Register on March 8, 2006.
FOR FURTHER INFORMATION CONTACT: For the programs listed in this
notice, please contact the office or individual listed under Section
VII of the individual program sections of the SuperNOFA, published on
March 8, 2006.
SUPPLEMENTARY INFORMATION: On March 8, 2006 (71 FR 11712), HUD
published its Notice of HUD's Fiscal Year (FY) 2006, SuperNOFA for
HUD's Discretionary Grant Programs. The FY2006 SuperNOFA announced the
availability of approximately $2.2 billion in HUD assistance. On April
28, 2006, HUD published (71 FR 25208), a notice that further clarified
the Section 202 and Section 811 NOFAs. This notice published in today's
Federal Register corrects the Section 202 and Section 811 NOFAs. As
described in further detail below, this notice announces that for both
the Section 202 and Section 811 programs, HUD will accept as a Phase I
ESA, either one that had been prepared based on the current ASTM E
1527-05 or the previous E 1527-00. Since the requirement to submit a
Phase I ESA is a threshold issue that does not affect an applicant's
scoring, HUD is not reopening either the Section 202 or Section 811
competitions and will not accept additional applications.
I. Changes to the Section 202 and Section 811 NOFAs
HUD is amending its Section 202 and Section 811 NOFAs to permit HUD
to accept Phase I ESAs that were prepared in accordance with either the
current ASTM E 1527-05 or the previous E 1527-00. This amendment
recognizes that the Environmental Protection Agency (EPA), in its final
rule entitled, ``Standards and Practices for All Appropriate Inquires''
(70 FR 66070, November 1, 2005) provided, that until the rule's
effective date, November 1, 2006, either ASTM Standard E 1527-00 or
1527-05 could be used to comply with 40 CFR 312.23 through 312.31, its
rules implementing the ``all appropriate inquiry'' (AAI) requirements
of the Comprehensive Environmental Response Compensation and Liability
Act (CERCLA) (42 U.S.C. 9601 et seq.).
As a result, HUD decided to be proactive by requiring, in its
FY2006 Section 202 and Section 811 NOFAs, that the Phase I ESA be
prepared in accordance with ASTM Standard E 1527-05 instead of ASTM
Standard E 1527-00. Unfortunately, many Section 202 and 811 applicants
and the environmental professionals employed by the applicants misread,
misinterpreted or were confused by HUD's revised Phase I requirements
and did not perform the Phase I ESAs in accordance with ASTM Standard E
1527-05. HUD has determined, therefore, that it would be in the
public's best interest to amend the FY2006 Section 202 and Section 811
NOFAs to permit HUD to accept the Phase I ESA prepared in accordance
with either ASTM Standard E 1527-00 or ASTM Standard E 1527-05.
II. Summary of Corrections
Section 202 Program. On page 12014, section III.C.2.b.(3)(c)(i),
Phase I Environmental Site Assessment (ESA), third column, the
requirement that the Phase I ESA be prepared in accordance with the
ASTM Standard E 1527-05, as amended, is revised to require, and to
permit HUD to accept, Phase I ESAs that have been prepared in
accordance with either ASTM Standard E 1527-00 or E 1527-05.
On page 12020, section IV.B.2.c.(1)(d)(vii), A Phase I
Environmental Site Assessment (ESA), third column, the requirement that
applicants must undertake and complete a Phase I ESA that has been
prepared in accordance with ASTM Standard E 1527-05, as amended, and
submit it with their Section 202 applications is amended to require,
and to permit HUD to accept, Phase I ESAs that have been prepared in
accordance with either ASTM Standard E 1527-00 or E 1527-05.
Section 811 Program. On page 12035, section III.C.2.b.(3)(d)(i),
Phase I Environmental Site Assessment (ESA), third column, the
requirement that the Phase I ESA be prepared in accordance with the
ASTM Standard E 1527-05, as amended, is revised to require, and to
permit HUD to accept, Phase I ESAs that have been prepared in
accordance with either ASTM Standard E 1527-00 or Standard E 1527-05.
On page 12043, section IV.B.2.c.(1)(d)(vii), A Phase I
Environmental Site Assessment (ESA), third column, the requirement that
applicants must undertake and complete a Phase I ESA that has been
prepared in accordance with ASTM Standard E 1527-05, as amended, and
submit it with their Section 811 applications is amended to require,
and to permit HUD to accept, Phase I ESAs that have been prepared in
accordance with either ASTM Standard E 1527-00 or E 1527-05.
Accordingly, in the Notice of HUD's Fiscal Year (FY) 2006, Notice
of Funding Availability (NOFA), Policy Requirements and General Section
to the SuperNOFA for HUD's Discretionary Grant Programs, beginning at
71 FR 11712, in the issue of March 8, 2006, the following corrections
are made.
1. Section 202 Supportive Housing for the Elderly Program.
On page 12014, third column, revise section III.C.2.b.(3)(c)(i) to
read as follows:
(i) Phase I Environmental Site Assessment (ESA). You must undertake
and submit a Phase I ESA, prepared in accordance with ASTM Standard E
1527-05, as amended, or ASTM Standard E 1527-00, as amended, completed
or updated no earlier than six months prior to the application deadline
date. The Phase I ESA must be completed and submitted with the
application. Therefore, it is important that you start the Phase I ESA
process as soon after publication of the SuperNOFA as possible. To help
you choose an environmentally safe site, HUD invites you to review the
documents ``Choosing an Environmentally Safe Site'' and ``Supplemental
Guidance, Environmental Information,'' which are available on the HUD
Web site at http://www.hud.gov/offices/adm/grants/fundsavail.cfm.
On page 12020, third column, revise section IV.B.2.c.(1)(d)(vii) to
read as follows:
(vii) A Phase I Environmental Site Assessment (ESA), in accordance
with ASTM Standards E 1527-05, as amended, or ASTM Standard E 1527-00,
as amended, must be undertaken and completed by you and submitted with
the application. In order for the Phase I ESA to be acceptable, it must
have been completed or updated no earlier than six months prior to the
application deadline date. Therefore, it is important to start the site
assessment process as soon after the publication of the NOFA as
possible.
2. Section 811 Supportive Housing for Persons with Disabilities
Program.
[[Page 44040]]
On page 12035, third column, revise section III.C.2.b.(3)(d)(i) to
read as follows:
(i) Phase I Environmental Site Assessment (ESA). You must submit a
Phase I ESA, prepared in accordance with ASTM Standard E 1527-05, as
amended, or ASTM Standard E 1527-00, as amended, completed or updated
no earlier than six months prior to the application deadline date in
order for the application to be considered as an application with site
control. The Phase I ESA must be completed and in your application.
Therefore, it is important that you start the Phase I ESA process as
soon after publication of the SuperNOFA as possible. To help you choose
an environmentally safe site, HUD invites you to review the documents
``Choosing an Environmentally Safe Site'' and ``Supplemental Guidance,
Environmental Information,'' which are available on the HUD Web site at
http://www.hud.gov/offices/adm/grants/fundsavail.cfm.
On page 12043, first column, revise section IV.B.2.c.(1)(d)(vii) to
read as follows:
(vii) A Phase I Environmental Site Assessment (ESA), in accordance
with ASTM Standard E 1527-05, as amended, or ASTM Standard E 1527-00,
as amended, must be completed and submitted with the application. In
order for the Phase I ESA to be acceptable, it must have been completed
or updated no earlier than six months prior to the application deadline
date. Therefore, it is important to start the site assessment process
as soon after the publication of the NOFA as possible.
Dated: July 28, 2006.
Brian D. Montgomery,
Assistant Secretary for Housing--Federal Housing Commissioner.
[FR Doc. E6-12498 Filed 8-2-06; 8:45 am]
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