18236 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4098–N–04]

Notice of Regulatory Waiver Requests

Granted

AGENCY: Office of the Secretary, HUD.

ACTION: Public Notice of the Granting of

Regulatory Waivers from October 1,

1996 through December 31, 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-fourth 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 twentyfourth notice of its kind to be published

under Section 106. This notice updates

HUD’s waiver-grant activity from

October 1, 1996 through December 31,

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 91.101

(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

§ 92.220(a)(1)(iii) 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 earliestdated 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 January 1,

1997 through March 31, 1997.

Accordingly, information about

approved waiver requests pertaining to

regulations of the Department is

provided in the Appendix that follows

this notice.

Dated: March 31, 1997.

Andrew Cuomo,

Secretary.

Appendix—Listing of Waivers of Regulatory

Requirements Granted by Officers of the

Department of Housing and Urban

Development October 1, 1996 through

December 31, 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 11, waivers granted for

24 CFR Parts 91, 92, 291, 576, and 582,

CONTACT: Debbie Ann Wills, Field

Management Officer, U.S. Department of

Housing and Urban Development, Office of

Community Planning and Development, 451

7th Street, SW., Room 7152, Washington, DC.

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 91.101(c)

Project/Activity: The Carson, Nevada,

Consortium requested a waiver of 24 CFR

91.101(c), of the HOME regulations, to allow

for the creation of a newly configured

consortium, which would be more likely to

receive a HOME program formula allocation.

Nature of Requirement: The regulations, at

24 CFR 91.101(c), require a three-year

qualification period for participation in a

HOME consortium.

Granted By: Andrew Cuomo, Assistant

Secretary for Community Planning and

Development.

Date Granted: October 31, 1996.

Reasons Waived: The Assistant Secretary

found good cause to grant a waiver of the

regulation that requires that all consortium

have a three-year qualification period.

2. Regulation: 24 CFR 92.2

Project/Activity: The City of San Fernando,

California, received an emergency

supplemental appropriation for the fiscal

year ending September 30, 1994, which

could only be used in one qualifying census

tract. The money could be used for

acquisition, rehabilitation, or reconstruction

of earthquake-damaged multifamily housing.

Nature of Requirement: The regulations, at

24 CFR 92.2, define ‘‘reconstruction’’ as

rehabilitation on a structure standing at the

time of project commitment.

Granted By: Andrew Cuomo, Assistant

Secretary for Community Planning and

Development.

Date Granted: December 30, 1996.

Reasons Waived: The Assistant Secretary

found good cause to grant a waiver of the

regulations to facilitate the obligation and use

of the emergency funds, because it was

determined that the waiver would not be

inconsistent with the overall purpose of the

statute or regulation.
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Notices 18237

3. Regulation: 24 CFR 92.220(a)(1)(iii)

Project/Activity: The State of Idaho

requested a waiver of 24 CFR

92.220(a)(1)(iii), to enable it to take credit for

match on BMIR Title I FHA insured home

improvement loans, which are being used in

a State development program targeted to an

urban renewal area.

Nature of Requirement: 24 CFR

92.220(a)(1)(iii), of the HOME regulations,

recognizes, as a non-federal match

contribution, the grant equivalent value of a

below market interest rate (BMIR) loan based

on the present discounted cash value of the

yield foregone, provided the loan is made

from funds other than funds borrowed by the

jurisdiction or agency.

Granted By: Andrew Cuomo, Assistant

Secretary for Community Planning and

Development.

Date Granted: October 16, 1996.

Reasons Waived: The waiver of

§ 92.220(a)(1)(iii) will enable the State to

more effectively leverage its’ HOME funds.

Conversely, the application of this section

would adversely affect the purposes of the

Act, therefore, the waiver was granted.

4. Regulation: 24 CFR 92.220(a)(3)(iii)

Project/Activity: Prince William County,

Virginia, requested a waiver of

§ 92.220(a)(3)(iii) of the HOME regulations.

Nature of Requirement: 24 CFR

92.220(a)(3)(iii) of the HOME regulations

requires that ‘‘the appraisal of land and

structures must be performed by an

independent, certified appraiser.’’

Granted By: Andrew Cuomo, Assistant

Secretary for Community Planning and

Development.

Date Granted: November 5, 1996.

Reasons Waived: Since County appraisers

are required to use the same practices and

procedures as an independent appraiser,

requiring the County to use an independent

appraiser would create an additional

expense, and adversely affect the purposes of

the Act.

5. Regulation: 24 CFR 92.251

Project/Activity: The State of North Dakota,

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: 24 CFR 92.251

provides that housing assisted with HOME

funds meet, at a minimum, HUD housing

quality standards (HQS), and provides other

minimum standards for substantial

rehabilitation and new construction.

Granted By: Andrew Cuomo, Assistant

Secretary for Community Planning and

Development.

Date Granted: October 1, 1996.

Reasons Waived: The waiver was granted

because the State indicated that there was a

significant duplication of effort by requiring

both HQS’s and FHA Minimum Property

Requirements’ inspections. The Assistant

Secretary deemed that imposition of the

requirement would adversely affect the

purposes of the Act.

6. Regulation: 24 CFR 92.251

Project/Activity: The State of Georgia,

requested a waiver to permit a rehabilitation

project, which utilizes HOME funds, to use

FHA Single Family Minimum Property

Requirements, in lieu of HQS (24 CFR

882.109), for its’ HOME assisted homebuyer

activities.

Nature of Requirement: 24 CFR 92.251,

provides that housing assisted with HOME

funds meet, at a minimum, HUD housing

quality standards (HQS), and provides other

minimum standards for substantial

rehabilitation and new construction.

Granted By: Andrew Cuomo, Assistant

Secretary for Community Planning and

Development.

Date Granted: October 17, 1996.

Reasons Waived: The waiver was granted

because the State indicated that the costs

associated with the HQS’s inspections

increases the purchase price for the

prospective buyer. Also, the logistics for the

duplicate inspections and reinspections

present an unacceptable cost burden,

therefore, HQS’s inspections have placed an

undue administrative and cost burden on the

State’s private partners. The waiver was

granted because the Assistant Secretary

deemed that imposition of the requirement

would adversely affect the purposes of the

Act.

7. 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: November 1, 1996.

Reasons Waived: The waiver will allow

two formerly homeless families more time to

find permanent housing.

8. Regulation: 24 CFR 576.21

Project/Activity: The City of Chicago,

Illinois, 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: October 11, 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.

9. Regulation: 24 CFR 576.21

Project/Activity: The City of Bridgeport,

Connecticut, 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: October 17, 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.

10. Regulation: 24 CFR 576.21

Project/Activity: The City of New York,

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: December 31, 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.

11. Regulation: 24 CFR 582.100(b)

Project/Activity: The Columbus

Metropolitan Housing Authority of

Columbus, Ohio, requested a waiver of 24

CFR 582.100(b) because a necessary site

change would keep the housing authority

from meeting the regulatory deadline set for

project completion.

Nature of Requirement: 24 CFR 582.100(b)

of the Shelter Plus Care regulations state that

rehabilitation under project-based rental

assistance must be completed within twelve

months from the date of the grant award.

Granted By: Andrew Cuomo, Assistant

Secretary for Community Planning and

Development.

Date Granted: November 26, 1996.

Reasons Waived: A determination was

made that the deadline could be waived

because of extenuating circumstances related
18238 Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Notices

to zoning restrictions that were beyond the

control of the grantee.

For items 12 and 13, waivers granted for

24 CFR part 761, contact: Gloria J. Cousar,

Deputy Assistant Secretary, Office of

Community Relations and Involvement,

Department of Housing and Urban

Development, 451 7th Street, SW, Room 4126

Washington, DC 20410–5000, (202) 619–8702

(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.

12. Regulation: 24 CFR 761.30(b)

Project/Activity: Public Housing Drug

Elimination Grant Program (PHDEP) grant

#IL06DEP0040194.

Nature of Requirement: Waiver of 24 CFR

761.30(b) to extend a 1994 PHDEP grant for

the Springfield (Ill) Housing Authority SHA.

Granted By: Kevin Emanual Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

Date Granted: November 5, 1996.

Reason Waived: SHA has experienced

significant administrative changes within the

past year. HUD staff on-site recommended

the submission, of a waiver request, to extend

the remaining grant funds, in order to

continue the PHA’s community policing

initiatives.

13. Regulation: 24 CFR 761.30(b)

Project/Activity: Public Housing Drug

Elimination Grant Program (PHDEP) grant

#NJ39DEP0430194.

Nature of Requirement: Waiver of 24 CFR

761.30(b) to extend a 1994 PHDEP grant for

the Edison Housing and Redevelopment

Authority (EHA).

Granted By: Kevin Emanual Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

Date Granted: December 12, 1996.

Reason Waived: EHA has experienced

significant administrative changes. There

have been 5 Executive Directors of the

Authority from mid-1994 through April,

1995, which also caused staffing changes

through this time period. PHA had requested

extension of the term of the Drug Elimination

Grant; regulatory waiver was necessary to

avoid termination and recapture of grant

funds. Waiver was justified on the basis of

cited staffing changes, and incoming

Executive Director’s need to become familiar

with the drug program and resources.

Grant Extension: The grant is extended to

June 12, 1997.

For items 14 through 26, waivers granted

for 24 CFR parts 813, 882, 901, 913, 982, and

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 4204,

Washington, DC 20410, (202) 708–1380 (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.

14. Regulation: 24 CFR 813.107(a)

Project/Activity: City of Scottsdale Housing

Authority, Arizona, Section 8 Certificate

Program.

Nature of Requirement: The regulation

provides that the Total Tenant Payment for

families, whose initial lease is effective on or

after August 1, 1982, shall be the highest of:

(1) 30 percent of Monthly Adjusted

Income;

(2) 10 percent of Monthly Income; or

(3) The Welfare Rent.

Granted By: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

Date Granted: October 25, 1996.

Reason Waived: Approval of the waiver

permitted the disabled program participant to

pay more than 30 percent of her income, as

permitted by the National Affordable

Housing Act of 1990, to obtain a unit with

special amenities. This kind of exception to

the 30% of income rule is permitted in law,

and makes the Section 8 certificate program

consistent with the Section 8 voucher

program, but the certificate/voucher

conforming rule has not been completed,

thus necessitating waiver of the certificate

regulations for this case.

15. Regulation: 24 CFR 882.605(c)

Project/Activity: Housing Authority of the

City of Salem, Oregon, Section 8 Certificate

Program.

Nature of Requirement: The regulation

caps the amount of rent that can be paid for

a manufactured home pad space, at 110

percent of the applicable Fair Market Rent.

Granted By: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

Date Granted: December 24, 1996.

Reason Waived: The waiver protected the

certificate-holder from the threat of

displacement and possible homelessness.

Certificate holder is a disabled elderly

woman who owns her mobile home; owner

of the mobile home park increased the pad

rental, and waiver was necessary to permit

the tenant to remain in place and retain

ownership of her home.

16. Regulation: 24 CFR 901.120 (a) and (b)

Project/Activity: Public Housing

Management Assessment Program, Mount

Bayou Housing Authority (MBHA).

Nature of Requirement: The regulation

requires Field Offices to assess and notify

each PHA of its’ PHMAP score, within 180

days after the beginning of a PHA’s fiscal

year.

Granted By: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

Date Granted: December 24, 1996.

Reason Waived: The MBHA’s PHMAP

certification contained numerous errors. A

new Executive Director was appointed, who

was unaware of the PHMAP program

requirements. The initial assessment of the

MBHA was 47, which results in a failing

score. As a result, it is necessary for the

Mississippi State Office to conduct a

confirmatory review of the MBHA, for its’

fiscal year ending June 30, 1996. Due to the

need for a confirmatory review, a waiver was

granted for an additional 60 days, to allow

the Mississippi State Office to conduct the

confirmatory review, provide technical

assistance, and complete and notify the

MBHA of its’ PHMAP score for its’ FY ending

June 30, 1996.

17. Regulation: 24 CFR 901.120 (a) and (b)

Project/Activity: Atlanta Housing Authority

(AHA)—Public Housing Management

Assessment Program (PHMAP).

Nature of Requirement: The regulation

requires Field Offices to assess and notify

each PHA of its’ PHMAP score, within 180

days after the beginning of a PHA’s fiscal

year.

Granted by: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

Date granted: December 30, 1996.

Reason waived: After the Headquarters’

confirmatory review of the AHA, the AHA

met with Headquarters and agreed to provide

additional documentation to support its’

score. Due to the time necessary to receive

and evaluate this material, a waiver was

granted for an additional 30 days to complete

the assessment, and notify the AHA of its’

PHMAP score for its’ FYE June 30, 1996.

18. Regulation: 24 CFR Part 913.107(a)

Project/activity: A request was made by the

Ballinger Housing Authority (BHA), of

Ballinger, TX, to permit the establishment of

ceiling rents for its’ entire low-rent inventory.

Nature of requirement: The total tenant

payment a public housing agency (PHA)

must charge shall be the highest of the

following, rounded to the nearest dollar:

(1) 30 percent of Monthly Adjusted

Income;

(2) 10 percent of Monthly Income;

(3) If the Family receives Welfare

Assistance from a public agency, and a part

of such payments, adjusted in accordance

with the Family’s actual housing costs, is

specifically designated by such agency to

meet the Family’s housing costs, the monthly

portion of such payments, which is so

designated; or

(4) The minimum rent set by the housing

authority.

Granted by: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

Date granted: October 21, 1996.

Reason waived: BHA has a long history of

vacancy problems. The establishment of

ceiling rents will permit the BHA to attract

and maintain more wage-earning, lowincome applicants, thus improving its

financial condition and allowing it to serve

more people. This case is a request for waiver

of the 30% rule for permanent installation of

ceiling rents as provided in the HDC

Amendments of 1987. PHAs seeking to

establish permanent ceiling rents need a

waiver of the cited regulation. PHAs can

effect temporary ceiling rents under the 1996

Continuing Resolution, but many PHAs are

electing to go for the permanent fix, rather

than doing all the calculations and notices

only to have to re-implement the old 30%

rent rules at expiration of the temporary

authority.

19. Regulation: 24 CFR Part 913.107(a)

Project/activity: A request was made by the

Bassett Housing Authority (BHA) of Bassett,

NE, to permit the establishment of ceiling

rents for its’ entire low-rent inventory.

Nature of requirement: The total tenant

payment a public housing agency (PHA)
Federal Register / Vol. 62, No. 71 / Monday, April 14, 1997 / Notices 18239

must charge shall be the highest of the

following, rounded to the nearest dollar:

(1) 30 percent of Monthly Adjusted

Income;

(2) 10 percent of Monthly Income;

(3) If the Family receives Welfare

Assistance from a public agency and a part

of such payments, adjusted in accordance

with the Family’s actual housing costs, is

specifically designated by such agency to

meet the Family’s housing costs, the monthly

portion of such payments, which is so

designated; or

(4) The minimum rent set by the housing

authority.

Granted by: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

Date granted: December 10, 1996.

Reason waived: The establishment of

ceiling rents will permit the BHA to attract

and maintain more wage-earning, lowincome applicants, thus improving its’

financial condition and allowing it to serve

more people. This case is a request for waiver

of the 30% rule for permanent installation of

ceiling rents as provided in the HDC

Amendments of 1987. PHAs seeking to

establish permanent ceiling rents need a

waiver of the cited regulation. PHAs can

effect temporary ceiling rents under the 1996

Continuing Resolution, but many PHAs are

electing to go for the permanent fix, rather

than doing all the calculations and notices

only to have to re-implement the old 30%

rent rules at expiration of the temporary

authority.

20. Regulation: 24 CFR 982.201(b)

Project/Activity: North Bend/Coos-Curry

Housing Authority, Section 8 Certificate

Program.

Nature of Requirement: The regulation

limits eligibility, for both the Section 8

certificate and voucher programs, to those

specific exception categories permitted by

the statute for the voucher program.

Granted By: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

Date Granted: November 23, 1996.

Reason Waived: The waiver will permit

admissions of a family that is low-income,

but not very low-income, enabling the

severely ill applicant to move to an

affordable unit with adequate ventilation.

21. Regulation: 24 CFR 982.303(b)

Project/Activity: Housing Authority of

Washington County, Oregon; Section 8

Certificate Program.

Nature of Requirement: The regulation

provides for a maximum certificate term of

120 days during which a certificate-holder

may seek housing to be leased under the

program.

Granted By: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

Date Granted: October 28, 1996.

Reason Waived: Approval of the waiver

prevented hardship to the disabled

certificate-holder, whose housing search was

hampered by his illness and hospitalization.

22. Regulation: 24 CFR 982.303(b)

Project/Activity: Housing Authority of

Washington County, Oregon; Section 8

Voucher Program.

Nature of Requirement: The regulation

provides for a maximum voucher term of 120

days during which a voucher-holder may

seek housing to be leased under the program.

Granted By: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

Date Granted: November 20, 1996.

Reason Waived: Approval of the waiver

prevented hardship to the disabled voucherholder, who faced special problems in

locating a unit.

23. Regulation: 24 CFR 982.303(b)

Project/Activity: Commonwealth of

Massachusetts, Division of Housing and

Community Development; Section 8

Certificate Program.

Nature of Requirement: The regulation

provides for a maximum term of 120 days

during which a certificate-holder may seek

housing to be leased under the program.

Granted By: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

Date Granted: November 21, 1996′.

Reason Waived: Approval of the waiver

prevented hardship to the disabled

certificate-holder who faced special problems

in locating a unit.

24. Regulation: 24 CFR 982.303(b)

Project/Activity: Commonwealth of

Massachusetts, Division of Housing and

Community Development; Section 8

Certificate Program.

Nature of Requirement: The regulation

provides for a maximum certificate term of

120 days during which a certificate-holder

may seek housing to be leased under the

program.

Granted By: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

Date Granted: December 6, 1996.

Reason Waived: Approval of the waiver

prevented hardship to a certificate-holder

whose multiple disabilities severely limited

his ability to seek housing.

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

Project/Activity: Chicago, IL, Housing

Authority. A request was made to use an

occupancy rate of 82%, and recalculate its’

PFS 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: November 19, 1996.

Reason Waived: In order to support its

current recovery efforts, the HA was allowed

to use an occupancy rate of 82% for its fiscal

year ending 12/31/96, to finance a special

initiative for maintenance improvements

subject to the following conditions:

(1) The funds generated, as a result of the

waiver approval, are to be used to implement

the CHA’s special maintenance initiative.

Prior to funds being scheduled for payment

for the initiative, the Field Office and the

CHA will update the Action Plan schedule.

(2) The updated Action Plan schedule will

be incorporated as an addendum to the

current Memorandum of Agreement, and the

Field Office will monitor compliance with

the Action Plan, and review progress made

on a regularly scheduled basis.

The HA was also notified that for its

subsequent budget years beginning January 1,

1997, it will be subject to the provisions of

the new Vacancy Rule, dated 2/28/96. That

rule permits operating subsidy to be paid to

vacant units undergoing modernization, or

units that are vacant, for reasons beyond the

Authority’s control, but sharply limits the

operating subsidy that will be paid to longterm vacant units.

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

Project/Activity: Springfield, IL, Housing

Authority. A request was made to use 75%

for the HA’s projected occupancy percentage,

when calculating the PFS 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: November 23, 1996.

Reason Waived: In order to be supportive

of the current recovery efforts, the HA was

allowed to use 75% 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 January 1, 1997, it will be

subject to the provisions of the new Vacancy

Rule, dated 2/28/96.

That rule permits operating subsidy to be

paid to vacant units undergoing

modernization, or units that are vacant, for

reasons beyond the Authority’s control, but

sharply limits the operating subsidy that will

be paid to long-term vacant units.

[FR Doc. 97–9548 Filed 4–11–97; 8:45 am]

BILLING CODE 4210–32–P