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Federal Register / Vol. 86, No. 110 / Thursday, June 10, 2021 / Rules and Regulations o Civil rights certification. 1 The PHA must certify that it will carry out its plan in conformity with title VI of the Civil Rights Act of 1964 42 U.S.C.
20000d2000d4, the Fair Housing Act 42 U.S.C. 360119, section 504 of the Rehabilitation Act of 1973 29 U.S.C.
794, and title II of the Americans with Disabilities Act of 1990 42 U.S.C. 12101
et seq., and other applicable Federal civil rights laws. The PHA must also certify that it will affirmatively further fair housing pursuant to 5.151 and 5.152 of this title.
2 The certification is applicable to the 5-Year Plan and the Annual Plan.

22. Amend 903.15 by adding paragraph c to read as follows:
903.15 What is the relationship of the public housing agency plans to the Consolidated Plan and a PHAs Fair Housing Requirements?

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c Fair housing requirements. A PHA
is obligated to affirmatively further fair housing in its operating policies, procedures, and capital activities. All admission and occupancy policies for public housing and Section 8 tenantbased housing programs must comply with Fair Housing Act requirements and other civil rights laws and regulations and with a PHAs plans to affirmatively further fair housing. The PHA may not impose any specific income or racial quotas for any development or developments.
1 Nondiscrimination. A PHA must carry out its PHA Plan in conformity with the nondiscrimination requirements in Federal civil rights laws, including title VI of the Civil Rights Act of 1964, section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act, and the Fair Housing Act. A PHA may not assign housing to persons in a particular section of a community or to a development or building based on race, color, religion, sex, disability, familial status, or national origin for purposes of segregating populations.
2 Affirmatively furthering fair housing. A PHAs policies should be designed to reduce the concentration of tenants and other assisted persons by race, national origin, and disability. Any affirmative steps or incentives a PHA
plans to take must be stated in the admission policy.
i HUD regulations provide that PHAs must take steps to affirmatively further fair housing. PHA policies should include affirmative steps to overcome the effects of discrimination and the effects of conditions that resulted in limiting participation of
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persons because of their race, national origin, disability, or other protected class.
ii Such affirmative steps may include, but are not limited to, marketing efforts, use of nondiscriminatory tenant selection and assignment policies that lead to desegregation, additional applicant consultation and information, provision of additional supportive services and amenities to a development such as supportive services that enable an individual with a disability to transfer from an institutional setting into the community, and engagement in ongoing coordination with state and local disability agencies to provide additional community-based housing opportunities for individuals with disabilities and to connect such individuals with supportive services to enable an individual with a disability to transfer from an institutional setting into the community.
3 Validity of certification. i A
PHAs certification under 903.7o will be subject to challenge by HUD where it appears that a PHA:
A Fails to meet the affirmatively furthering fair housing requirements at 24 CFR 5.150 through 5.152
B Takes action that is materially inconsistent with its obligation to affirmatively further fair housing; or C Fails to meet the fair housing, civil rights, and affirmatively furthering fair housing requirements in 24 CFR
903.7o.
ii. If HUD challenges the validity of a PHAs certification, HUD will do so in writing specifying the deficiencies, and will give the PHA an opportunity to respond to the particular challenge in writing. In responding to the specified deficiencies, a PHA must establish, as applicable, that it has complied with fair housing and civil rights laws and regulations, or has remedied violations of fair housing and civil rights laws and regulations, and has adopted policies and undertaken actions to affirmatively further fair housing, including, but not limited to, providing a full range of housing opportunities to applicants and tenants in a nondiscriminatory manner.
In responding to the PHA, HUD may accept the PHAs explanation and withdraw the challenge, undertake further investigation, or pursue other remedies available under law. HUD will seek to obtain voluntary corrective action consistent with the specified deficiencies. In determining whether a PHA has complied with its certification, HUD will review the PHAs circumstances relevant to the specified deficiencies, including characteristics of the population served by the PHA;

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characteristics of the PHAs existing housing stock; and decisions, plans, goals, priorities, strategies, and actions of the PHA, including those designed to affirmatively further fair housing.
23. Amend 903.23 by revising paragraph f to read as follows:
903.23 What is the process by which HUD reviews, approves, or disapproves an Annual Plan?

f Recordkeeping. PHAs must maintain records reflecting actions to affirmatively further fair housing pursuant to 5.151, 5.152, and 903.7o of this title.

Dated: June 4, 2021.
Marcia L. Fudge, Secretary.
FR Doc. 202112114 Filed 6921; 8:45 am BILLING CODE 421067P

ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
EPAR01OAR20200327; FRL10024
76Region 1

Air Plan Approval; Maine;
Infrastructure State Implementation Plan Requirements for the 2015 Ozone Standard and Negative Declaration for the Oil and Gas Industry for the 2008
and 2015 Ozone Standards; Correction Environmental Protection Agency EPA.
ACTION: Final rule; correction.
AGENCY:

The Environmental Protection Agency EPA is correcting a final rule that was published in the Federal Register on May 13, 2021 which will be effective on June 14, 2021. The final rule approved a State Implementation Plan SIP revision submitted by the State of Maine which addresses the infrastructure requirements of the Clean Air Act CAA or Act for the 2015 ozone National Ambient Air Quality Standards NAAQS; as well as a SIP revision containing amendments to Maines 06
096 CMR Chapter 110, Ambient Air Quality Standards, and SIP revisions submitted by Maine that provide the states determination, via a negative declaration for the 2008 and 2015 ozone standards, that there are no facilities within its borders subject to EPAs 2016
Control Technique Guideline CTG for the oil and gas industry. This correction does not change any final action taken by EPA on May 13, 2021; this action merely provides further clarification on the amendments to the regulatory
SUMMARY:

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