County of Hawai'i Displacement Plan

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8922 Federal Register / Vol. 54, No, 40 / Thursday, March 2, 1989 / Rules and Regulations Section 24.383 Payment for Actual casts Incurred.The Agency may use Section 24.308 Fixed Payment for Reasonable Moving and Related moving costs findings prepared by Moving Expenses—Nonresidential Expenses—Nonresidential Moves qualified staff,estimates obtained by Moves Sections 24.303(0(3)and 24 304(a)(4). the Agency,or if acceptable to the Comments were received from 20 Pour comments asked for clarification of Agency,estimates obtained by the sources an this section. the difference in treatment of utilities in business or farm operator.A single Recommendations were made to pay the ' these two sections.The expenses for moving cost finding for a low cost or fixed payment as an option to a providing utilities under 124.303(0)(3) uncomplicated move prepared by business with no criteria or.conversely, are those costs incurred to attach qualified staff is a"single bid or to pay the fixed payment only if the relocated personal property to utility estimate"for purposes of this section. business was discontinued.The service already provided on-site,such as additional criteria added in the NPRM electrical boxes,gas meters,and water Section 24.301 Reestablishment were also commented upon.Several meters.Modifications to the equipment Expenses—Nonresidential Moves wanted to add additional criteria.One or to the on-site utility service may also commenter wanted different criteria far be eligible,if necessary.These costs Twenty eight commenters provided farm operations than for businesses.A must be necessary to reinstall personal comments on this section.While number of comments were received that property that has been moved from a generally in agreement with the list of would make the owners of residential displacement site or newly installed at eligible expenses in 124.304(a),the property ineligible for this payment. such site and would generally only majority thought that the dollar limits Others thought that the owners of leased benefit the relocated business operation. should be removed from the three commercial property should also be Section 24.304(aX4)provides for making categories where limits are imposed.We ineligible. electrical and other services available to have elected to retain the dollar limits FHWA has not changed this section. the replacement site.These costs may which serve as cost controls for be necessary to make the real property expenses which we believe to be most The fixed payment is an alternative to suitable for the business operation and vulnerable to abuse.Since ft is thethe reestablishing for moving and a business, or farm. could generally enhance the value of the Agency's prerogative to determine nonprofit organization.The new criteria real property.Costs under 124.304(x](4) which reestablishment expenses are are added to either eligibility. ars limited by statute to$10,000 for all reasonable and necessaryimplement w reestablishment expenses.Costs ander and since correct inequities,or Imp entsnt new 1 ess) 31 are expenses. . what is 124.904(x)(13)allows the Agency to statutory exclusions as explained in the necessary,without dollar limitation. request a waiver from the Federal preamble of the I�ItM.The displacing Section 24.310o(a)o) There were funding agency within the 110.000 agency retains the flexibility to several comments about re re erireg of statutory maximum,there is sufficient determine the basic eligibility based on signs and replacing stationary made flexibility provided to the Agency.On the substantial lass of existing obsolete as a result of a move.This the other hand,the stated limits of patronage aiteria and gains criteria that section covers those business items 05,000 for increased operating costs and can readily be explained to displaced typically used by a business for the 111.500 for exterior signing are persons. purpose of advising its customers and considered to be reasonable in most There Is no requirement now,nor has the public of the location of the cases,and may assert a business owner there ever been such a requirement,that business.If a displacing agency in making appropriate decisions about a a displaced business must be this ers other items appropriate for new business site and the size and typeSdiscontinuedithipayment has to receive been and category,it may use the waiver of signing for the new business site.The continues to be available to otherwise procedures in 124.7 on a case-by-case inclusion of increased costa of eligible businesses that do discontinue basis. operations as an eligible expense in operations.There is also no re Section 24.303(a)(1O).One commenter 124.304(a)(10)was also commented that a business be without a ret source of suggested that an acquiring agency upon.The Uniform Acts legislative could become responsible under the history supporta the inclusion of these income as suggested by three commenters. requirements of this section for expenses.Since the costs of operation abandoned personal property that could are legitimate reportable business Eatablishiag separate income and be considered hazardous material.This expenses,the income tax records of payment criteriafor farm operations U not a Uniform Act issue,but an issue most businesses should be adequate to would not be apappropriate et this time. typically governed by Federal or State provide a record of such costs prior to There were several comments laws governing the proper disposal of displacement The costs at the new concerning the perceived inequity of the hazardous material. ineligibility of owners of rental Section 24.303(0)(13).Two comments location can be established or estimated residential property for a fixed payment stated that the$1,000 limit on the coat of using such sources as the new leases, while owners of other rental property searching for a replacement location utility company projections far utility remained charges and taxingauthority eligible.l'!'lWAhas corrected was not adequate for some business and records for this inequity by,generally,excluding farm tions.Thetax increases- owners of rentaleligibility may use a thethwaiver procedures in I agency Section 24.304(b)(0).This section has for non-residential propertyxd payment b� on a case-by-case basis if a displaced been deleted.The 1987 Amendments Section 24.308(d) Nonprofit business or farm operation has unique exclude"a person whose sole business organization.There were a variety of requirements or circumstances. at the displacement dwelling in the comments concerning the minimal fixed Section 24.303(c).Questions were rental of such property to others.." received about self-moves of business or from qualifying for an In lieu" payment is lieu of actual payment moving expenses.Most of them favored farm operations.This section does not (see§24.308(0)(41).This exclusion. Increasing the payment available to preclude actual cost self-moves however.does not eactend to nonprofit organization&in response. supported by records and receipts of the roestab]ishmeet=Penn& ... PHWA has revised the payment to