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Federal Register / Vol. 86, No. 172 / Thursday, September 9, 2021 / Notices
2017, 20142018 and 20152019.
Statistically reliable values that did not exceed the income and poverty rate thresholds were included in the average.
b. Eligible tracts are placed in one of two groups based on the averaged values of the income and poverty criteria. The first group includes tracts that satisfy both the income and poverty criteria for QCTs for at least two of the three evaluation years; a different pair of years may be used to meet each criterion. The second group includes tracts that satisfy either the income criterion in at least two of the three years, or the poverty criterion in at least two of three years, but not both. A tract must qualify by at least one of the criteria in at least two of the three evaluation years to be eligible.
c. HUD ranked tracts in the first group from highest to lowest by the average of the ratios of the tract averagehousehold-size-adjusted income limit to the median household income. Then, HUD ranked tracts in the first group from highest to lowest by the average of the poverty rates. HUD averaged the two ranks to yield a combined rank. HUD
then sorted the tracts on the combined rank, with the census tract with the highest combined rank being placed at the top of the sorted list. In the event of a tie, HUD ranked more populous tracts above less populous ones.
d. HUD ranked tracts in the second group from highest to lowest by the average of the ratios of the tract averagehousehold-size-adjusted income limit to the median household income. Then, HUD ranked tracts in the second group from highest to lowest by the average of the poverty rates. HUD then averaged the two ranks to yield a combined rank.
HUD then sorted the tracts on the combined rank, with the census tract with the highest combined rank being placed at the top of the sorted list. In the event of a tie, HUD ranked more populous tracts above less populous ones.
e. HUD stacked the ranked first group on top of the ranked second group to yield a single, concatenated, ranked list of eligible census tracts.
f. Working down the single, concatenated, ranked list of eligible tracts, HUD identified census tracts as designated until the designation of an additional tract would cause the 20
percent limit to be exceeded. If HUD
does not designate a census tract because doing so would raise the percentage above 20 percent, HUD then considers subsequent eligible census tracts to determine if one or more eligible census tracts with smaller populations could be designated without exceeding the 20 percent limit.

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D. Exceptions to OMB Definitions of MSAs and Other Geographic Matters As stated in OMB Bulletin 1701, defining metropolitan areas:
OMB establishes and maintains the delineations of Metropolitan Statistical Areas, . . . solely for statistical purposes. . . . OMB does not take into account or attempt to anticipate any nonstatistical uses that may be made of the delineations. In cases where . . . an agency elects to use the Metropolitan . . . Area definitions in nonstatistical programs, it is the sponsoring agencys responsibility to ensure that the delineations are appropriate for such use. An agency using the statistical delineations in a nonstatistical program may modify the delineations, but only for the purposes of that program. In such cases, any modifications should be clearly identified as delineations from the OMB statistical area delineations in order to avoid confusion.

Following OMB guidance, HUDs estimation procedure for the FMRs and income limits incorporates the current OMB definitions of metropolitan CoreBased Statistical Areas CBSAs based on the CBSA standards, as implemented with 2010 Census data, but makes adjustments to the definitions, in order to separate subparts of these areas in cases where counties were added to an existing or newly defined metropolitan area. In CBSAs where HUD establishes subareas, it is HUDs view that the geographic extent of the housing markets is not the same as the geographic extent of the CBSAs.
In the New England states Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont, HUD defines HMFAs according to county subdivisions or minor civil divisions MCDs, rather than county boundaries. However, since no part of an HMFA is outside an OMBdefined, county-based MSA, all New England nonmetropolitan counties are kept intact for purposes of designating Nonmetropolitan DDAs.
VII. Future Designations HUD designates DDAs annually as updated HUD income limit and FMR
data are made public. HUD designates QCTs annually as new income and poverty rate data are released.
A. Effective Date The 2022 lists of QCTs and DDAs are effective:
1 For allocations of credit after December 31, 2021; or 2 for purposes of IRC Section 42h4, if the bonds are issued and the building is placed in service after December 31, 2021.
If an area is not on a subsequent list of QCTs or DDAs, the 2022 lists are effective for the area if:

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1 The allocation of credit to an applicant is made no later than the end of the 730-day period after the applicant submits a complete application to the LIHTC-allocating agency, and the submission is made before the effective date of the subsequent lists; or 2 for purposes of IRC Section 42h4, if:
a The bonds are issued or the building is placed in service no later than the end of the 730-day period after the applicant submits a complete application to the bond-issuing agency, and b the submission is made before the effective date of the subsequent lists, provided that both the issuance of the bonds and the placement in service of the building occur after the application is submitted.
An application is deemed to be submitted on the date it is filed if the application is determined to be complete by the credit-allocating or bond-issuing agency. A complete application means that no more than de minimis clarification of the application is required for the agency to make a decision about the allocation of tax credits or issuance of bonds requested in the application.
In the case of a multiphase project, the DDA or QCT status of the site of the project that applies for all phases of the project is that which applied when the project received its first allocation of LIHTC. For purposes of IRC Section 42h4, the DDA or QCT status of the site of the project that applies for all phases of the project is that which applied when the first of the following occurred: a The buildings in the first phase were placed in service, or b the bonds were issued.
For purposes of this notice, a multiphase project is defined as a set of buildings to be constructed or rehabilitated under the rules of the LIHTC and meeting the following criteria:
1 The multiphase composition of the project i.e., total number of buildings and phases in project, with a description of how many buildings are to be built in each phase and when each phase is to be completed, and any other information required by the agency is made known by the applicant in the first application of credit for any building in the project, and that applicant identifies the buildings in the project for which credit is or will be sought;
2 the aggregate amount of LIHTC
applied for on behalf of, or that would eventually be allocated to, the buildings on the site exceeds the one-year limitation on credits per applicant, as
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