6082 Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4098–N–03]

Notice of Regulatory Waiver Requests

Granted

AGENCY: Office of the Secretary, HUD.

ACTION: Public notice of the granting of

regulatory waivers from July 1, 1996

through September 30, 1996.

SUMMARY: Under the Department of

Housing and Urban Development

Reform Act of 1989 (Reform Act), the

Department (HUD) is required to make

public all approval actions taken on

waivers of regulations. This notice is the

twenty-third in a series, being published

on a quarterly basis, providing

notification of waivers granted during

the preceding reporting period. The

purpose of this notice is to comply with

the requirements of Section 106 of the

Reform Act.

FOR FURTHER INFORMATION CONTACT: For

general information about this notice,

contact Camille E. Acevedo, Assistant

General Counsel for Regulations, Room

10276, Department of Housing and

Urban Development, 451 Seventh Street,

SW, Washington, DC 20410; telephone

202–708–3055. (This is not a toll-free

number.); Hearing-and speech-impaired

persons may call HUD’s TTY toll-free

number at 1–800–877–8391.

For information concerning a

particular waiver action for which

public notice is provided in this

document, contact the person whose

name and address is set out for the

particular item, in the accompanying

list of waiver-grant actions.

SUPPLEMENTARY INFORMATION: As part of

the Housing and Urban Development

Reform Act of 1989, the Congress

adopted, at HUD’s request, legislation to

limit and control the granting of

regulatory waivers by the Department.

Section 106 of the Act (Section 7(q)(3))

of the Department of Housing and Urban

Development Act, 42 U.S.C. 3535(q)(3),

provides that:

1. Any waiver of a regulation must be

in writing and must specify the grounds

for approving the waiver;

2. Authority to approve a waiver of a

regulation may be delegated by the

Secretary only to an individual of

Assistant Secretary rank or equivalent

rank, and the person to whom authority

to waive is delegated must also have

authority to issue the particular

regulation to be waived;

3. Not less than quarterly, the

Secretary must notify the public of all

waivers of regulations that the

Department has approved, by

publishing a notice in the Federal

Register. These notices (each covering

the period since the most recent

previous notification) shall:

a. Identify the project, activity, or

undertaking involved;

b. Describe the nature of the provision

waived, and the designation of the

provision;

c. Indicate the name and title of the

person who granted the waiver request;

d. Describe briefly the grounds for

approval of the request;

e. State how additional information

about a particular waiver grant action

may be obtained.

Section 106 also contains

requirements applicable to waivers of

HUD handbook provisions that are not

relevant to the purpose of today’s

document.

Today’s document follows

publication of HUD’s Statement of

Policy on Waiver of Regulations and

Directives issued by HUD (56 FR 16337,

April 22, 1991). This is the twenty-third

notice of its kind to be published under

Section 106. This notice updates HUD’s

waiver-grant activity from July 1, 1996

through September 30, 1996.

For ease of reference, waiver requests

granted by departmental officials

authorized to grant waivers are listed in

a sequence keyed to the section number

of the HUD regulation involved in the

waiver action. For example, a waivergrant action involving exercise of

authority under 24 CFR 91.402

(involving the waiver of a provision in

24 CFR part 91) would come early in the

sequence, while waivers of 24 CFR part

990 would be among the last matters

listed. Where more than one regulatory

provision is involved in the grant of a

particular waiver request, the action is

listed under the section number of the

first regulatory requirement in title 24

that is being waived as part of the

waiver-grant action. (For example, a

waiver of both § 92.2 and § 92.214(a)(3)

would appear sequentially in the listing

under § 92.2.) Waiver-grant actions

involving the same initial regulatory

citation are in time sequence beginning

with the earliest-dated waiver grant

action.

Should the Department receive

additional reports of waiver actions

taken during the period covered by this

report before the next report is

published, the next updated report will

include these earlier actions, as well as

those that occur between October 1,

1996 through December 31, 1996.

Accordingly, information about

approved waiver requests pertaining to

regulations of the Department is

provided in the Appendix that follows

this notice.

Dated: January 28, 1997.

Dwight P. Robinson,

Acting Secretary.

Appendix—Listing of Waivers of

Regulatory Requirements Granted by

Officers of the Department of Housing

and Urban Development July 1, 1996

Through September 30, 1996

Note to Reader: More information about

the granting of these waivers, including a

copy of the waiver request and approval, may

be obtained by contacting the person whose

name is listed as the contact person directly

before each set of waivers granted.

For Items 1 Through 33, Waivers

Granted for 24 CFR Parts 91, 92, 291,

570, 572, and 576, Contact: Debbie Ann

Wills, Field Management Officer, U.S.

Department of Housing and Urban

Development, Office of Community

Planning and Development, 451 7th

Street, S.W., Room 7152, Washington,

D.C. 20410–7000, Telephone: (202) 708–

2565, Hearing-and speech-impaired

persons may call HUD’s TTY toll-free

number at 1–800–877–8391.

1. Regulation: 24 CFR 91.402

Project/Activity: The Montgomery

County/Kettering Consortium of Ohio

requested a waiver of 24 CFR 91.402 of

the Consolidated Plan regulations to

allow the Consortium until FY 1999 to

complete the transition of aligning the

start of the program year for all its

Consortium members.

Nature of Requirement: The

regulations at 24 CFR 91.402 state that

all units of local government that are

members of the consortium must be on

the same program year for CDBG,

HOME, Emergency Shelter Grants (ESG)

and Housing Opportunities for Persons

with Aids (HOPWA).

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: July 31, 1996.

Reasons Waived: The Assistant

Secretary found good cause to grant the

waiver of the regulations which requires

that all Consortium members must have

the same program start dates.

2. Regulation: 24 CFR 91.402

Project/Activity: The Auburn and

King County Consortium of Washington

requested a waiver of 24 CFR 91.402 of

the Consolidated Plan, to allow the City

of Auburn, which is a member of the

Consortium, until FY 1999 to complete

the transition of the City aligning the

start of its program year with the

Consortium.

Nature of Requirement: The

regulations at 24 CFR 91.402, state that

all units of local government that are

members of the consortium must be on
Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Notices 6083

the same program year for CDBG,

HOME, Emergency Shelter Grants (ESG)

and Housing Opportunities for Persons

with Aids (HOPWA).

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: September 16, 1996.

Reasons Waived: The Assistant

Secretary found good cause to grant the

waiver of the regulations that requires

that all consortium members must have

the same program start dates.

3. Regulation: 24 CFR 91.520(a)

Project/Activity: Hartford,

Connecticut, requested an extension of

the deadline to submit its annual CDBG

performance report to HUD.

Nature of Requirement: The

regulations, at 24 CFR 91.520(a) of the

CDBG regulations, require that each

grant recipient submit a performance

report to HUD within 90 days after the

close of the grantee’s program year.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: September 16, 1996.

Reasons Waived: The Assistant

Secretary determined that failure to

grant the requested waiver would

adversely affect the purposes of the Act,

because the City would not be able to

submit a complete and accurate

performance report on its 1995 program

year.

4. Regulation: 24 CFR 92.2

Project/Activity: Knox County,

Tennessee, on behalf of Child and

Family Services, Inc., requested a

waiver of 24 CFR 92.2 regulations that

establish the composition of Community

Housing Development Organization

(CHDO) Boards.

Nature of Requirement: The

regulations at 24 CFR 92.2 require that

one-third of the CHDO Board members

must be residents of low-income

neighborhoods.

Granted by: Andrew Cuomo, Assistant

Secretary for Community Planning and

Development.

Date Granted: August 21, 1996.

Reasons Waived: A determination was

made that undue hardship would result

if the non-profit organization was not

designated as a CHDO.

5. Regulation: 24 CFR 92.214(a)(3)

Project/Activity: The State of North

Dakota requested a waiver of the match

provision of the HOME program.

Nature of Requirement: The

regulations, at 24 CFR 92.214(a)(3) of

the HOME regulations, implement the

statutory provision that HOME program

funds may not be used as a non-federal

matching contribution under any other

federal program.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: September 30, 1996.

Reasons Waived: Sections 208 and

234 of the Multifamily Property

Disposition Reform Act of 1994

authorize HUD to suspend certain

statutory and regulatory provisions that

would otherwise apply to the use of

CDBG and HOME funds, to address the

damage in an area that the President has

declared a disaster under Title IV of the

Robert T. Stafford Disaster Relief and

Emergency Assistance Act.

6. Regulation: 24 CFR 92.251

Project/Activity: The State of

Arkansas requested a waiver to permit

a rehabilitation project, which utilizes

HOME funds, to use FHA Single Family

Minimum Property Requirements in

lieu of HQS for its HOME assisted

homebuyer activities.

Nature of Requirement: The

regulations at 24 CFR 92.251 provide

that housing assisted with HOME funds

meet, at a minimum, HUD housing

quality standards (HQS), and provide

other minimum standards for

substantial rehabilitation and new

construction.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: August 22, 1996.

Reasons Waived: The waiver was

granted because the State does not have

the staff capacity to inspect all potential

HOME properties for HQS compliance.

It would also be difficult to locate

qualified inspectors to perform HQS

inspections in rural parts of the State.

Finally, there would be an added cost

on low-income borrowers to pay for a

third-party inspection. The waiver was

granted because the Assistant Secretary

deemed that these factors would

adversely affect the purposes of the Act.

7. Regulation: 24 CFR 92.252(a)(5)

Project/Activity: Madison, Wisconsin,

requested a waiver to 24 CFR

92.252(a)(5), which requires that a

HOME assisted project must remain

affordable without regard to the term of

any mortgage or the transfer of

ownership for not less than the

applicable affordability period.

Nature of Requirement: The HOME

regulations, at 24 CFR 92.252(a)(5), state

that the project is subject to a ten-year

affordability period, which is enforced

by a deed restriction.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: August 22, 1996.

Reasons Waived: The waiver was

granted because the hotel burned to the

ground. The primary owners of the hotel

determined that the hotel could not be

rebuilt with the deed restriction and

that they would repay the city the

HOME assistance.

8. Regulation: 24 CFR 92.254(a)(ii)(A)

Project/Activity: Cook County,

Illinois, requested a waiver to 24 CFR

92.254(a)(ii)(A), which requires that

housing that is for purchase by a family

qualifies as affordable housing only if

the housing is subject to minimum

periods of resale restrictions or

recapture provision of the locality.

Nature of Requirement: The HOME

regulations, at 24 CFR 92.254(a)(ii)(A),

state that a participating jurisdiction

must recoup all or a portion of the

HOME assistance to the homebuyers, if

the housing does not continue to be the

principal residence of the family for the

duration of the period of affordability.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: August 22, 1996.

Reasons Waived: The waiver was

granted because it was determined the

restructuring provisions proposed by

Cook County did not adversely affect

the purposes of the HOME program.

9. Regulation: 24 CFR 92.258

Project/Activity: Sacramento Housing

and Redevelopment Agency of

Sacramento, California, requested a

waiver of 24 CFR 92.258 of the HOME

regulations, to waive the 30-year

affordability period for low-income

homebuyers receiving HOME assistance.

Nature of Requirement: The

regulations, at 24 CFR 92.258, provide a

limitation on the use of HOME funds

with FHA mortgage insurance for a

period of time equal to the term of the

HUD-insured mortgage.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: August 21, 1996.

Reasons Waived: The application of

§ 92.258 of the HOME regulations to the

Agency’s program would create an

undue hardship for the City of

Sacramento and its potential

homeowners, and adversely affect the

purposes of the Act.

10. Regulation: 24 CFR 92.258

Project/Activity: The City of Euclid,

Ohio, requested a waiver of 24 CFR

92.258 of the HOME regulations to

waive the 30-year affordability period

for low-income homebuyers receiving

HOME assistance.
6084 Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Notices

Nature of Requirement: The

regulations, at 24 CFR 92.258, provide a

limitation on the use of HOME funds

with FHA mortgage insurance for a

period of time equal to the term of the

HUD insured mortgage.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: July 1, 1996.

Reasons Waived: The application of

§ 92.258 of the HOME regulations to the

City’s program would create an undue

hardship for the City of Euclid and its

potential homeowners, and adversely

affect the purposes of the Act.

11. Regulation: 24 CFR 92.258

Project/Activity: Sacramento Housing

and Redevelopment Agency of

Sacramento, California, requested a

waiver of 24 CFR 92.258 of the HOME

regulations, to waive the 30-year

affordability period for low-income

homebuyers receiving HOME assistance.

Nature of Requirement: The

regulations, at 24 CFR 92.258, provide a

limitation on the use of HOME funds

with FHA mortgage insurance for a

period of time equal to the term of the

HUD insured mortgage.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: August 21, 1996.

Reasons Waived: The application of

§ 92.258 of the HOME regulations to the

Agency’s program would create an

undue hardship for the City of

Sacramento and its potential

homeowners, and adversely affect the

purposes of the Act.

12. Regulation: 24 CFR 92.258

Project/Activity: The City of

Indianapolis, Indiana, requested a

waiver of 24 CFR 92.258 of the HOME

regulations, to waive the 30-year

affordability period for low-income

homebuyers receiving HOME assistance.

Nature of Requirement: The

regulations, at 24 CFR 92.258, provide a

limitation on the use of HOME funds

with FHA mortgage insurance for a

period of time equal to the term of the

HUD-insured mortgage.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: September 30, 1996.

Reasons Waived: The application of

§ 92.258 of the HOME regulations to the

City’s program would create an undue

hardship for the City of Indianapolis

and its potential homeowners, and

adversely affect the purposes of the Act.

13. Regulation: 24 CFR 291.400(a)

Project/Activity: The Anoka County

Community Action Program requested a

waiver of the 24-month residency for a

tenant in a single family property leased

under the single family property

disposition homeless program.

Nature of Requirement: The

regulations, at 24 CFR 291.400(a),

prohibit a non-profit organization or a

community participating in the Single

Family Property Disposition Leasing

Program from extending a lease to the

same tenant for a period beyond 24

months.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: September 16, 1996.

Reasons Waived: The waiver will

allow a formerly homeless family more

time to find permanent housing.

14. Regulation: 24 CFR 570.207

Project/Activity: Caryville, Florida,

requested a waiver of the CDBG

regulation to allow the town to use

CDBG to reconstruct the damaged town

hall on a new site outside of the 100

year flood plain.

Nature of Requirement: The

regulations, at 24 CFR 570.207 of the

CDBG regulations, prohibit the use of

CDBG funds in buildings used for the

general conduct of government.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: September 16, 1996.

Reasons Waived: Sections 208 and

234 of the Multifamily Property

Disposition Reform Act of 1994

authorize HUD to suspend certain

statutory and regulatory provisions that

would otherwise apply to the use of

CDBG and HOME funds, to address the

damage in an area that the President has

declared a disaster under Title IV of the

Robert T. Stafford Disaster Relief and

Emergency Assistance Act.

15. Regulation: 24 CFR 570.208(a)(3)

Project/Activity: The City of Dallas,

Texas requested a waiver of the CDBG

regulations at 24 CFR 570.208(a)(3), to

permit it to use CDBG funds for

American Beauty Flour Mill which is an

intown housing program. Thirty-three

percent of the units will be set aside for

low-and moderate-income persons.

Nature of Requirement: The

regulations at 24 CFR 570.208(a)(3)

require, as a general rule, that CDBGassisted housing structures principally

benefit low-and moderate-income

households.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: September 16, 1996.

Reasons Waived: The application of

the regulations would create undue

hardship and adversely affect the

purposes of the Act because it would

impede the provision of affordable

housing in the central business district.

Denial of the request would further

affect the City’s ability to comply with

the court ordered consent decree which

directs the City to provide a wider range

of low-income housing opportunities

throughout the City.

16. Regulation: 24 CFR 570.483(b)(3)

Project/Activity: The State of

Connecticut, on behalf of the Town of

Thompson, requested a waiver of the

national objective regulations of the

State Community Development Block

Grant Program.

Nature of Requirement: 24 CFR

570.483(b)(3) of the State CDBG

regulations lists the methodology for

determining low-and moderate-income

benefit for housing activities funded

with CDBG funds.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: August 22, 1996.

Reasons Waived: The State was

granted the waiver to permit the Town

to use CDBG funds for acquisition of a

mobile home site, which will be

occupied by low-and moderate-income

residents. The Assistant Secretary

determined that failure to grant the

requested waiver would adversely affect

the purposes of the Act.

17. Regulation: 24 CFR 570.483(b)(3)

Project/Activity: The State of Rhode

Island requested a waiver of the State

CDBG regulations at 24 CFR

570.483(b)(3).

Nature of Requirement: The State

requested a waiver of the regulations

that set the standards for meeting

national objectives.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: September 16, 1996.

Reasons Waived: The State was

granted the waiver to permit the Four

Seasons Mobile Home Cooperative to

use CDBG funds for acquisition of a

mobile home site, which will be

occupied by low-and moderate-income

residents.

18. Regulation: 24 CFR 572.115(a)(1)

Project/Activity: Acorn Housing

Corporation of Little Rock, Arkansas,

requested a waiver to extend the time

permitted for the transfer of HOPE 3

properties to eligible families.

Nature of Requirement: The

regulations, at 24 CFR 572.115(a)(1),

require that units in eligible properties

must be transferred to eligible families
Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Notices 6085

within two years of the effective date of

the HOPE 3 implementation grant. The

HUD field office may approve a request

for an extension of a period not to

exceed one year of that deadline.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: July 15, 1996.

Reasons Waived: Based on progress

made in transferring the subject

properties, the Assistant Secretary

found good cause to extend the property

transfer deadline for one year.

19. Regulation: 24 CFR 572.115(a)(1)

Project/Activity: The City of Austin,

Texas, requested a waiver to extend the

time permitted for the transfer of HOPE

3 properties to eligible families.

Nature of Requirement: The

regulations, at 24 CFR 572.115(a)(1),

require that units in eligible properties

must be transferred to eligible families

within two years of the effective date of

the HOPE 3 implementation grant. The

HUD field office may approve a request

for an extension of a period not to

exceed one year of that deadline.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: July 15, 1996.

Reasons Waived: Based on progress

made in transferring the subject

properties, the Assistant Secretary

found good cause to extend the property

transfer deadline for one year.

20. Regulation: 24 CFR 572.115(a)(1)

Project/Activity: Rural Housing

Improvement, Inc. of Winchendon,

Massachusetts, requested a waiver to

extend the time permitted for the

transfer of HOPE 3 properties to eligible

families.

Nature of Requirement: The

regulations, at 24 CFR 572.115(a)(1),

require that units in eligible properties

must be transferred to eligible families

within two years of the effective date of

the HOPE 3 implementation grant. The

HUD field office may approve a request

for an extension of a period not to

exceed one year of that deadline.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: September 16, 1996.

Reasons Waived: Based on progress

made in transferring the subject

properties, the Assistant Secretary

found good cause to extend the property

transfer deadline for one year.

21. Regulation: 24 CFR 572.115(a)(1)

Project/Activity: The Housing

Authority of High Point, North Carolina,

requested a waiver to extend the time

permitted for the transfer of HOPE 3

properties to eligible families.

Nature of Requirement: The

regulations at 24 CFR 572.115(a)(1),

require that units in eligible properties

must be transferred to eligible families

within two years of the effective date of

the HOPE 3 implementation grant. The

HUD field office may approve a request

for an extension of a period not to

exceed one year of that deadline.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: July 22, 1996.

Reasons Waived: Based on progress

made in transferring the subject

properties, the Assistant Secretary

found good cause to extend the property

deadline transfer for one year.

22. Regulation: 24 CFR 572.115(a)(1)

Project/Activity: The City of Tucson,

Arizona, requested a waiver to extend

the time permitted for the transfer of

HOPE 3 properties to eligible families.

Nature of Requirement: The

regulations, at 24 CFR 572.115(a)(1),

require that units in eligible properties

must be transferred to eligible families

within two years of the effective date of

the HOPE 3 implementation grant. The

HUD field office may approve a request

for an extension of a period not to

exceed one year of that deadline.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: July 22, 1996.

Reasons Waived: Based on progress

made in transferring the subject

properties, the Assistant Secretary

found good cause to extend the property

deadline transfer for one year.

23. Regulation: 24 CFR 572.115(a)(1)

Project/Activity: Crowley Ridge

Development Council of Arkansas

requested a waiver to extend the time

permitted for the transfer of HOPE 3

properties to eligible families.

Nature of Requirement: The

regulations, at 24 CFR 572.115(a)(1),

require that units in eligible properties

must be transferred to eligible families

within two years of the effective date of

the HOPE 3 implementation grant. The

HUD field office may approve a request

for an extension of a period not to

exceed one year of that deadline.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: September 16, 1996.

Reasons Waived: Based on progress

made in transferring the subject

properties, the Assistant Secretary

found good cause to extend the property

deadline transfer for one year.

24. Regulation: 24 CFR 572.115(a)(1)

Project/Activity: The City of

Milwaukee, Wisconsin, requested a

waiver to extend the time permitted for

the transfer of HOPE 3 properties to

eligible families.

Nature of Requirement: The

regulations, at 24 CFR 572.115(a)(1),

require that units in eligible properties

must be transferred to eligible families

within two years of the effective date of

the HOPE 3 implementation grant. The

HUD field office may approve a request

for an extension of a period not to

exceed one year of that deadline.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: September 20, 1996.

Reasons Waived: Based on progress

made in transferring the subject

properties, the Assistant Secretary

found good cause to extend the property

deadline transfer for one year.

25. Regulation: 24 CFR 576.21

Project/Activity: The Government of

Puerto Rico requested a waiver of the

Emergency Shelter Grants regulations at

24 CFR 576.21.

Nature of Requirement: The

Government requested a waiver of the

ESG expenditure limitation on essential

services.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: July 22, 1996.

Reasons Waived: Under the Stewart B.

McKinney Homeless Assistance Act,

amended by the National Affordable

Housing Act, the 30 percent cap on

essential services may be waived if the

grantee ‘‘demonstrates that the other

eligible activities under the program are

already being carried out in the locality

with other resources’’. The Government

provided a letter that demonstrated that

other categories of ESG activities will be

carried out locally with other resources,

therefore, it was determined that the

waiver was appropriate.

26. Regulation: 24 CFR 576.21

Project/Activity: Hennepin County,

Minnesota, requested a waiver of the

Emergency Shelter Grants regulations at

24 CFR 576.21.

Nature of Requirement: The County

requested a waiver of the ESG

expenditure limitation on essential

services.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: July 22, 1996.

Reasons Waived: Under the Stewart B.

McKinney Homeless Assistance Act,
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amended by the National Affordable

Housing Act, the 30 percent cap on

essential services may be waived if the

grantee ‘‘demonstrates that the other

eligible activities under the program are

already being carried out in the locality

with other resources’’. The County

provided a letter that demonstrated that

other categories of ESG activities will be

carried out locally with other resources,

therefore, it was determined that the

waiver was appropriate.

27. Regulation: 24 CFR 576.21

Project/Activity: Honolulu County,

Hawaii, requested a waiver of the

Emergency Shelter Grants regulations at

24 CFR 576.21.

Nature of Requirement: The County

requested a waiver of the ESG

expenditure limitation on essential

services.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: July 22, 1996.

Reasons Waived: Under the Stewart B.

McKinney Homeless Assistance Act,

amended by the National Affordable

Housing Act, the 30 percent cap on

essential services may be waived if the

grantee ‘‘demonstrates that the other

eligible activities under the program are

already being carried out in the locality

with other resources’’. The County

provided a letter that demonstrated that

other categories of ESG activities will be

carried out locally with other resources,

therefore, it was determined that the

waiver was appropriate.

28. Regulation: 24 CFR 576.21

Project/Activity: Morris County, New

Jersey, requested a waiver of the

Emergency Shelter Grants regulations at

24 CFR 576.21.

Nature of Requirement: The County

requested a waiver of the ESG

expenditure limitation on essential

services.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: July 22, 1996.

Reasons Waived: Under the Stewart B.

McKinney Homeless Assistance Act,

amended by the National Affordable

Housing Act, the 30 percent cap on

essential services may be waived if the

grantee ‘‘demonstrates that the other

eligible activities under the program are

already being carried out in the locality

with other resources’’. The County

provided a letter that demonstrated that

other categories of ESG activities will be

carried out locally with other resources,

therefore, it was determined that the

waiver was appropriate.

29. Regulation: 24 CFR 576.21

Project/Activity: The State of

Massachusetts requested a waiver of the

Emergency Shelter Grants Regulations at

24 CFR 576.21.

Nature of Requirement: The State

requested a waiver of the ESG

expenditure limitation on essential

services.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: July 22, 1996.

Reasons Waived: Under the Stewart B.

McKinney Homeless Assistance Act,

amended by the National Affordable

Housing Act, the 30 percent cap on

essential services may be waived if the

grantee ‘‘demonstrates that the other

eligible activities under the program are

already being carried out in the locality

with other resources’’. The State

provided a letter that demonstrated that

other categories of ESG activities will be

carried out locally with other resources,

therefore, it was determined that the

waiver was appropriate.

30. Regulation: 24 CFR 576.21

Project/Activity: The City of

Onondaga, New York, requested a

waiver of the Emergency Shelter Grants

Regulations at 24 CFR 576.21.

Nature of Requirement: The City

requested a waiver of the ESG

expenditure limitation on essential

services.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: August 22, 1996.

Reasons Waived: Under the Stewart B.

McKinney Homeless Assistance Act,

amended by the National Affordable

Housing Act, the 30 percent cap on

essential services may be waived if the

grantee ‘‘demonstrates that the other

eligible activities under the program are

already being carried out in the locality

with other resources’’. The City

provided a letter that demonstrated that

other categories of ESG activities will be

carried out locally with other resources,

therefore, it was determined that the

waiver was appropriate.

31. Regulation: 24 CFR 576.21

Project/Activity: The Municipality of

Caguas, Puerto Rico, requested a waiver

of the Emergency Shelter Grants

Regulations at 24 CFR 576.21.

Nature of Requirement: The City

requested a waiver of the ESG

expenditure limitation on essential

services.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: August 22, 1996.

Reasons Waived: Under the Stewart B.

McKinney Homeless Assistance Act,

amended by the National Affordable

Housing Act, the 30 percent cap on

essential services may be waived if the

grantee ‘‘demonstrates that the other

eligible activities under the program are

already being carried out in the locality

with other resources’’. The City

provided a letter that demonstrated that

other categories of ESG activities will be

carried out locally with other resources,

therefore, it was determined that the

waiver was appropriate.

32. Regulation: 24 CFR 576.21

Project/Activity: The State of New

York requested a waiver of the

Emergency Shelter Grants Regulations at

24 CFR 576.21.

Nature of Requirement: The State

requested a waiver of the ESG

expenditure limitation on essential

services.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: September 20, 1996.

Reasons Waived: Under the Stewart B.

McKinney Homeless Assistance Act,

amended by the National Affordable

Housing Act, the 30 percent cap on

essential services may be waived if the

grantee ‘‘demonstrates that the other

eligible activities under the program are

already being carried out in the locality

with other resources’’. The State

provided a letter that demonstrated that

other categories of ESG activities will be

carried out locally with other resources,

therefore, it was determined that the

waiver was appropriate.

33. Regulation: 24 CFR 576.55(a)(2)(ii)

Project/Activity: Morris County, New

Jersey requested a waiver of the

Emergency Shelter Grants Regulations at

24 CFR 576.55(a)(2)(ii).

Nature of Requirement: The Stewart

B. McKinney Homeless Assistance Act

requires that each local recipient spend

all of its grant amount within 24 months

of the date on which the County made

the grant amounts available to the

County recipient.

Granted By: Andrew Cuomo,

Assistant Secretary for Community

Planning and Development.

Date Granted: July 22, 1996.

Reasons Waived: The County received

a waiver of the 24 month ESG

expenditure deadline because it needed

to expand the shelter and provide the

necessary facilities to accommodate

homeless families and handicapped

individuals. Therefore, the homeless

population would suffer undue

hardship without the renovation and
Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Notices 6087

expansion monies from the ESG needed

for the expansion and renovation of this

facility.

For Items 34 and 35, Waivers Granted

for 24 CFR Part 950, Contact: Mr.

Dominic Nessi, Deputy Assistant

Secretary for Native American

Programs, National Office of Native

American Programs, 1999 Broadway,

Suite 3390, Box 90, Denver, CO 80202,

(303) 675–1600, Hearing- and speechimpaired persons may call HUD’s TTY

toll-free number at 1–800–877–8391.

34. Regulation: 24 CFR 950.455(b)(1)

Project/Activity: Conversion of Indian

housing units at Fort McDowell

Mohave-Apache Housing Authority

Indian Housing.

Nature of Requirement: Dwelling

units must be in ‘‘decent, safe and

sanitary condition’’ prior to their

conversion from the Rental Program to

the Mutual Help Homeownership

Opportunity Program.

Granted By: Kevin Emanuel

Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: July 29, 1996.

Reasons Waived: This waiver was

granted to permit the conversion and

subsequent conveyance to homebuyers

of the subject dwelling units. The

homebuyers have sufficient financial

resources to bring the conversion units

into decent, safe and sanitary condition

without HUD’s assistance.

35. Regulation: 24 CFR 950.455(b)(2)

Project/Activity: Conversion of Indian

housing units at Fort McDowell

Mohave-Apache Housing Authority

Indian Housing.

Nature of Requirement: This

regulation requires tenants or other

applicants to qualify as homebuyers in

order to be eligible for conversion.

Granted By: Kevin Emanuel

Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: July 29, 1996.

Reasons Waived: Permits current

tenants to qualify for the program

despite outstanding tenant accounts

receivable because these potential

homebuyers now possess the financial

capability to maintain the homes that

will be conveyed to them.

For Items 36 Through 41, Waivers

Granted for 24 CFR Part 990, Contact:

Mary Ann Russ, Deputy Assistant

Secretary, Office of Public and Assisted

Housing Operations, Department of

Housing and Urban Development, 451

Seventh Street, SW., Room 4226,

Washington, DC 20410, (202) 708–1842

(THIS IS NOT A TOLL-FREE NUMBER).

Hearing- and speech-impaired persons

may call HUD’s TTY toll-free number at

1–800–877–8391.

36. Regulation: 24 CFR 990.108(b)(2)(iv)

Project/Activity: Tennessee Valley

Regional Housing Authority. In

determining the operating subsidy

eligibility, a request was made for

funding more than one site in a project

approved for non-dwelling use to

promote an anti-drug program.

Nature of Requirement: The operating

subsidy calculation limits funding for

units removed from the dwelling rental

inventory for economic self-sufficiency

or anti-drug programs to one site per

project.

Granted By: Kevin Emmanuel

Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: August 14, 1996.

Reason Waived: To take into account

the size of developments in a housing

authority when determining the number

of sites funded in a project. Because this

was a large project, three additional

sites were approved to be used for

crafts, educational videos and films,

special speakers and programs, adult

education classes, and the youth sports

program.

37. Regulation: 24 CFR 990.108(b)(2)(iv)

Project/Activity: Seattle, WA, Housing

Authority. In determining the operating

subsidy eligibility, a request was made

for funding more than one site in a

project approved for non-dwelling use

to promote an anti-drug program.

Nature of Requirement: The operating

subsidy calculation limits funding for

units removed from the dwelling rental

inventory for economic self-sufficiency

or anti-drug programs to one site per

project.

Granted By: Kevin Emmanuel

Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: September 23, 1996.

Reasons Waived: To take into account

the size of developments in a housing

authority when determining the number

of sites funded in a project. Because this

was a large project, four additional sites

were approved to be used for Economic

Self-Sufficiency and Anti-Drug

programs.

38. Regulation: 24 CFR 990.108(e)

Project/Activity: Housing Authority of

New Orleans, LA.

Nature of Requirement: When unit

months are lost through combining

small units into larger units, they must

be removed from the calculation of unit

months available in the PFS subsidy

calculation.

Granted By: Michael B. Janis, General

Deputy Assistant Secretary for Public

and Indian Housing.

Date Granted: August 12, 1996.

Reasons Waived: Because of problems

the HA has experienced filling vacant

efficiency units for the elderly, the HA

converted them to one-bedroom units

which could rent. In order to support

the HA’s efforts to reduce vacancies,

approval was granted for the HA to

include the Allowable Expense Level for

the number of unit months which

would be lost through this conversion in

future PFS calculations.

39. Regulation: 24 CFR 990.109

Project/Activity: Housing Authority of

the City of Oakland, CA. A request was

made to permit the Authority to benefit

from energy performance contracting for

developments which have tenant-paid

utilities. The HA estimates that it could

increase savings substantially if it were

able to undertake energy performance

contracting for both PHA-paid and

tenant-paid utilities.

Nature of Requirement: Under 24 CFR

part 990, the Performance Funding

System (PFS) energy conservation

incentive that relates to energy

performance contracting currently

applies only to PHA-paid utilities. The

OHA has both PHA-paid and tenantpaid utilities.

Granted By: Kevin Emanuel

Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: September 25, 1996.

Reasons Waived: The waiver was

granted because the OHA presented a

sound and reasonable methodology for

PHAs with tenant-paid utilities to

participate in energy cost reduction

incentives that will benefit both PHAs

and HUD. The waiver permits the OHA

to exclude from its PFS calculation of

rental income increased rental income

due to the difference between updated

baseline utility allowances (before

implementation of the energy

conservation measures) and revised

allowances (after implementation of the

measures) for the project(s) involved for

the duration of the contract period,

which cannot exceed 12 years.

40. Regulation: 24 CFR 990.109(b)(3)(iv)

Project/Activity: Kinsley, Kansas

Housing Authority. A request was made

to use the HA’s actual occupancy rate

and recalculate its operating subsidy

eligibility.

Nature of Requirement: The

Regulation requires a Low Occupancy

PHA without an approved

Comprehensive Occupancy Plan to use

a projected occupancy percentage of

97%.

Granted By: Kevin Emanuel

Marchman, Acting Assistant Secretary

for Public and Indian Housing.
6088 Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Notices

Date Granted: August 2, 1996.

Reasons Waived: The Kinsley

Housing Authority is a small HA which

has pursued many vacancy reduction

strategies during the past several years.

The HA was allowed to use its actual

occupancy percentage to prevent undue

hardships while it continues its efforts

to reduce vacancies.

41. Regulation: 24 CFR 990.109(b)(3)(iv)

Project/Activity: Breckenridge, MN,

Housing and Redevelopment Authority.

A request was made to use the HA’s

actual occupancy rate of 94% and

recalculate its operating subsidy

eligibility.

Nature of Requirement: The

regulation requires a Low Occupancy

PHA without an approved

Comprehensive Occupancy Plan to use

a projected occupancy percentage of

97%.

Granted By: Kevin Emanuel

Marchman, Acting Assistant Secretary

for Public and Indian Housing.

Date Granted: August 28, 1996.

Reasons Waived: Breckenridge is a

small HA which has pursued many

vacancy reduction strategies for the past

several years. The HA was allowed to

use its actual occupancy percentage to

prevent undue hardships while it

continues its efforts to reduce vacancies.

The HA was also notified that for its

subsequent budget years beginning with

4/1/97, it will be subject to the

provisions of the new Vacancy Rule,

dated 4/1/96. Therefore, if the HA

continues to experience vacancy

problems attributable to circumstances

or actions beyond its control, it may

have to consider its vacant units as

being long-term vacancies and eligible

only for reduced subsidy.

[FR Doc. 97–3158 Filed 2–7–97; 8:45 am]

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