52340 Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–5554–N–01] 

Additional Waiver Granted for the State 

of New York’s CDBG Disaster 

Recovery Grants—The Drawing Center 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD. 

ACTION: Notice. 

SUMMARY: This notice advises the public 

of an additional waiver applicable to the 

Community Development Block Grant 

(CDBG) disaster recovery grants 

provided to the State of New York for 

the purpose of assisting in the recovery 

from the September 11, 2001, terrorist 

attacks on New York City. As described 

in the SUPPLEMENTARY INFORMATION

section of this notice, HUD is authorized 

by statute and regulations to waive 

statutory and regulatory requirements 

and specify alternative requirements for 

this purpose upon the request of the 

grantee. HUD previously published 

Federal Register notices applicable to 

these grants on January 28, 2002, 

February 7, 2002, March 18, 2002, May 

22, 2002, May 16, 2003, and April 12, 

2004. 

DATES: Effective Date: August 29, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Scott Davis, Director, Disaster Recovery 

and Special Issues Division, Office of 

Block Grant Assistance, Department of 

Housing and Urban Development, 451 

7th Street, SW., Room 7286, 

Washington, DC 20410, telephone 

number 202–708–3587. Persons with 

hearing or speech impairments may 

access this number via TTY by calling 

the Federal Information Relay Service at 

800–877–8339. Facsimile inquiries may 

be sent to Mr. Davis at 202–401–2044. 

(Except for the ‘‘800’’ number, these 

telephone numbers are not toll-free.) 

SUPPLEMENTARY INFORMATION: 

Authority To Grant Waivers 

The three grants covered by this 

Notice are governed by the fifth proviso 

under the 2001 Emergency 

Supplemental Appropriations Act for 

Recovery from and Response to 

Terrorist Attacks on the United States 

(Pub. L. 107–38, approved September 

18, 2001); by section 434 of title IV of 

the Departments of Veterans Affairs and 

Housing and Urban Development, and 

Independent Agencies Appropriations 

Act, 2002 (Pub. L. 107–73, approved 

November 26, 2001 (Fiscal Year (FY) 

2002 HUD Appropriations Act); by 

chapter 13 of division B of the 

Department of Defense and Emergency 

Supplemental Appropriations for 

Recovery From and Response to 

Terrorist Attacks on the United States 

Act, 2002 (Pub. L. 107–117, approved 

January 10, 2002) (FY 2002 Department 

of Defense Appropriation); and by 

chapter 13 of title II of the 2002 

Supplemental Appropriations Act for 

Further Recovery From and Response to 

Terrorist Attacks on the United States 

(Pub. L. 107–206, approved August 2, 

2002) (FY 2002 Recovery and Response 

to Terrorist Attacks Supplemental). 

The third proviso of section 434 of the 

FY 2002 HUD Appropriations Act and 

the fourth proviso of the FY 2002 

Recovery and Response to Terrorist 

Attacks Supplemental authorize the 

Secretary to waive, or specify alternative 

requirements for, any provision of any 

statute or regulation that the Secretary 

administers in connection with the 

obligation by the Secretary or use by the 

recipient of these grant funds, except for 

requirements related to fair housing, 

nondiscrimination, labor standards, and 

the environment, upon a finding that 

such waiver is required to facilitate the 

use of such funds. 

Waiver Justification 

Upon a request from the State of New 

York, this notice waives 42 U.S.C. 

5305(a)(2) to the extent necessary to 

allow for an additional eligible activity: 

retirement of short-term debt service for 

costs incurred in the amount not to 

exceed $2,000,000, by The Drawing 

Center, a Lower Manhattan-based 

nonprofit organization, for the 

expansion of its site at 35 Wooster 

Street, New York, NY 10013. With this 

waiver, the short-term debt will not be 

forgiven, but will be fully retired. No 

portion of this debt was incurred prior 

to the supplemental appropriation to the 

State of New York under the 

Community Development Block Grant 

Disaster Recovery Program. When the 

space adjacent to The Drawing Center’s 

existing facility recently became 

available, the organization purchased it 

with a short-term commercial loan. Due 

to the extraordinarily fast and 

competitive nature of the Lower 

Manhattan real estate market and the 

cost savings experienced with 

expansion of the existing facility into an 

adjacent site rather than relocation or 

new construction at a new site, HUD has 

considered this request and finds that 

the retirement of the short-term debt 

presents a cost savings versus the 

alternative of expansion into a new 

facility that is not adjacent to the 

existing facility. Further, the expanded 

facility would provide space for 

educational and public programs and 

expand gallery space which provides for 

public benefit. The following waiver 

(together with previously granted 

waivers and alternative requirements) is 

necessary to facilitate the use of these 

funds. HUD also agrees that it is 

consistent with the overall purposes of 

the Housing and Community 

Development Act of 1974 and the 

Cranston-Gonzalez National Affordable 

Housing Act, as amended. 

Applicable Rules, Statutes, Waivers, 

and Alternative Requirements 

1. Expiration of waivers and 

alternative requirements. In Federal 

Register notices published on January 

28, 2002 (67 FR 4164), February 7, 2002 

(67 FR 5845), March 18, 2002 (67 FR 

12042), May 22, 2002 (67 FR 36017), 

May 16, 2003 (68 FR 26640), and April 

12, 2004 (69 FR 19211), the Department 

promulgated waivers and alternative 

requirements necessary to facilitate the 

use of $700 million in disaster recovery 

funds awarded to New York’s Empire 

State Development Corporation and $2.0 

billion and $783 million awarded to 

New York’s Lower Manhattan 

Development Corporation. In 

combination with today’s waiver, these 

waivers and alternative requirements 

will be in effect until all CDBG disaster 

recovery funds have been expended and 

the grants have been officially closed. 

2. Applicability of State CDBG 

requirements. Except for those waivers 

and alternative requirements published 

in prior notices and this notice, 

statutory and regulatory provisions 

governing the Community Development 

Block Grant program for states, 

including those at 24 CFR subpart I, 

shall apply to the use of these funds. 

3. Retirement of short-term debt 

service. 42 U.S.C. 5305(a)(2) and the 

implementing regulation at 24 CFR 

570.482(a) are waived to the extent 

necessary to allow for an additional 

eligible activity: retirement of short-term 

debt service for costs incurred by The 

Drawing Center, for the expansion of its 

site at 35 Wooster Street, New York, NY 

10013. 

Catalog of Federal Domestic Assistance 

The Catalog of Federal Domestic 

Assistance numbers for the disaster 

recovery grants under this notice are as 

follows: 14.218; 14.228. 

Finding of No Significant Impact 

A Finding of No Significant Impact 

(FONSI) with respect to the 

environment has been made in 

accordance with HUD regulations at 24 

CFR part 50, which implement section 

102(2)(C) of the National Environmental 

Policy Act of 1969 (42 U.S.C. 4332). The 

FONSI is available for public inspection 


jlentini on DSK4TPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices 52341 

between 8 a.m. and 5 p.m. weekdays in 

the Regulations Division, Office of 

General Counsel, Department of 

Housing and Urban Development, Room 

10276, 451 7th Street, SW., Washington, 

DC 20410–0500. Due to security 

measures at the HUD Headquarters 

building, an advance appointment to 

review the docket file must be 

scheduled by calling the Regulations 

Division at 202–708–3055 (this is not a 

toll-free number). Hearing or speechimpaired individuals may access this 

number through TTY by calling the tollfree Federal Relay Service at 800–877– 

8339. 

Dated: July 29, 2011. 

Mercedes Ma ́ rquez, 

Assistant Secretary, Community Planning and 

Development. 

[FR Doc. 2011–21418 Filed 8–19–11; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

Privacy Act of 1974, as amended; 

Notice of a New System of Records 

AGENCY: Office of the Secretary, Interior. 

ACTION: Notice of Creation of a New 

Privacy Act System of Records. 

SUMMARY: Pursuant to the provisions of 

the Privacy Act of 1974, as amended, 

the Department of the Interior is issuing 

a public notice of its intent to create the 

Office of the Secretary ‘‘Debarment and 

Suspension Program’’ system of records. 

The system contains information 

including, but not limited to, names and 

addresses of business entities, 

organizations and individuals covered 

by the system of records, evidence and 

information obtained in support of 

Action Referral Memoranda and Case 

Closure Memoranda, action 

determinations, administrative 

agreements, and monitoring reviews of 

debarment or suspension administrative 

agreements. This newly established 

system will be included in the 

Department of the Interior’s inventory of 

record systems. 

DATES: Comments must be received by 

October 3, 2011. This new system will 

be effective October 3, 2011. 

ADDRESSES: Any person interested in 

commenting on this notice may do so 

by: submitting comments in writing to 

the OS/NBC Privacy Act Officer, Office 

of the Secretary, U.S. Department of the 

Interior, 1951 Constitution Avenue, 

NW., Mail Stop 116 SIB, Washington, 

DC 20240; hand-delivering comments to 

the OS/NBC Privacy Act Officer, Office 

of the Secretary, U.S. Department of the 

Interior, 1951 Constitution Avenue, 

NW., Mail Stop 116 SIB, Washington, 

DC 20240; or e-mailing comments to 

privacy@nbc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Karen Burke, OS/NBC Privacy Act 

Officer, Office of the Secretary, U.S. 

Department of the Interior, 1951 

Constitution Avenue, NW., Mail Stop 

116 SIB, Washington, DC 20240. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Department of the Interior (DOI) 

maintains the Debarment and 

Suspension Program system of records. 

The primary purpose of this system of 

records is to assist DOI in conducting 

and documenting debarment and 

suspension proceedings to ensure that 

Federal procurements and Federal 

discretionary assistance, loans, and 

benefits are awarded to presently 

responsible business entities, 

organizations, and individuals. 

Additional purposes of the system are: 

to promote understanding of the case 

decision path and concerns addressed 

by the debarring and suspending official 

in reaching a decision; to promote the 

submission of relevant arguments in 

contested cases; to educate the public as 

to the kinds of mitigating factors and 

remedial measures that demonstrate 

present responsibility; and to enhance 

the transparency of decision making. 

The system will be effective as 

proposed at the end of the comment 

period (the comment period will end 

forty (40) days after the publication of 

this notice in the Federal Register) 

unless comments are received which 

would require a contrary determination. 

DOI will publish a revised notice if 

changes are made based upon a review 

of the comments received. 

II. Privacy Act 

The Privacy Act of 1974, as amended, 

embodies fair information principles in 

a statutory framework governing the 

means by which Federal Agencies 

collect, maintain, use, and disseminate 

individuals’ personal information. The 

Privacy Act applies to information that 

is maintained in a ‘‘system of records.’’ 

A ‘‘system of records’’ is a group of any 

records under the control of an agency 

for which information is retrieved by 

the name of an individual or by some 

identifying number, symbol, or other 

identifying particular assigned to the 

individual. The Privacy Act defines an 

individual as a United States citizen or 

lawful permanent resident. As a matter 

of policy, DOI extends administrative 

Privacy Act protections to all 

individuals. Individuals may request 

access to their own records that are 

maintained in a system of records in the 

possession or under the control of DOI 

by complying with DOI Privacy Act 

Regulations, 43 CFR part 2. 

The Privacy Act requires each agency 

to publish in the Federal Register a 

description denoting the type and 

character of each system of records that 

the agency maintains, the routine uses 

that are contained in each system in 

order to make agency record keeping 

practices transparent, to notify 

individuals regarding the uses of their 

records, and to assist individuals to 

more easily find such records within the 

agency. Below is the description of the 

DOI Debarment and Suspension 

Program system of records. 

In a notice of proposed rulemaking, 

which is published separately in the 

Federal Register, DOI is proposing to 

exempt records maintained in this 

system from certain provisions of the 

Privacy Act pursuant to 5 U.S.C. 

552a(k)(2) and (k)(5). 

In accordance with 5 U.S.C. 552a(r), 

DOI has provided a report of this system 

of records to the Office of Management 

and Budget and to Congress. 

III. Public Disclosure 

Before including your address, phone 

number, e-mail address, or other 

personal identifying information in your 

comment, you should be aware that 

your entire comment, including your 

personal identifying information, may 

be made public at any time. While you 

can ask us in your comment to withhold 

your personal identifying information 

from public review, we cannot 

guarantee that we will be able to do so. 

Dated: August 11, 2011. 

Karen Burke, 

OS/NBC Privacy Act Officer. 

SYSTEM NAME: 

Debarment and Suspension Program, 

DOI–11 

SYSTEM LOCATION: 

Office of Acquisition and Property 

Management, U.S. Department of the 

Interior, 1849 C Street, NW., Mail Code 

2607–MIB,Washington, DC 20240. 

Records may also be located in files 

maintained by the Office of the 

Solicitor, Mail Code 6456–MIB, 1849 C 

Street, NW., Washington, DC 20240, and 

the Office of Inspector General, 

Recovery and Oversight Office, 

Acquisition Integrity Unit, Department 

of the Interior, 1849 C Street, NW., Mail 

Stop 4428–MIB, Washington, DC 20240. 


jlentini on DSK4TPTVN1PROD with NOTICES