29510 Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 / Notices

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

[Docket No. FR–4250–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, 1997

through December 31, 1997.

SUMMARY: Under the Department of

Housing and Urban Development

Reform Act of 1989 (Reform Act), HUD

is required to make public all approval

actions taken on waivers of regulations.

This notice is the twenty-eighth 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 or speech-impaired

persons may access this number via

TTY by calling the toll-free Federal

Information Relay Service 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 Reform Act),

the Congress adopted, at HUD’s request,

legislation to limit and control the

granting of regulatory waivers by HUD.

Section 106 of the Reform Act added a

new section 7(q) to the Department of

Housing and Urban Development Act (2

U.S.C. 3535(q)), which 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 HUD 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 of the Reform Act also

contains requirements applicable to

waivers of HUD handbook provisions

that are not relevant to the purpose of

this notice.

Today’s document follows

publication of HUD’s Statement of

Policy on Waiver of Regulations and

Directives issued by HUD on April 22,

1991 (56 FR 16337). This is the twentyeighth notice of its kind to be published

under section 106 of the Reform Act.

This notice updates HUD’s waiver-grant

activity from October 1, 1997 through

December 31, 1997.

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 58.73 (involving

the waiver of a provision in 24 CFR part

58) 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 § 58.73 and § 58.74

would appear sequentially in the listing

under § 58.73.)

Waiver-grant actions involving the

same initial regulatory citation are in

time sequence beginning with the

earliest-dated waiver grant action.

Should HUD 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 occurred

between October 1, 1997 through

December 31, 1997.

Accordingly, information about

approved waiver requests pertaining to

HUD regulations is provided in the

Appendix that follows this notice.

Dated: May 22, 1998.

Andrew Cuomo,

Secretary.

Appendix—Listing of Waivers of Regulatory

Requirements Granted by Officers of the

Department of Housing and Urban

Development October 1, 1997 Through

December 31, 1997

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, 570, 574,

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 (this

is not a toll-free number). Hearing or speechimpaired persons may access this number via

TTY by calling the toll-free Federal

Information Relay Service at 1–800–877–

8391.

1. REGULATION: 24 CFR 91.520(a).

PROJECT/ACTIVITY: The City of

Harrisburg, Pennsylvania requested an

extension of the deadline to submit its

Consolidated Annual CDBG Performance and

Evaluation (CAPER) report to HUD.

NATURE OF REQUIREMENT: HUD’s

Consolidated Plan regulations at 24 CFR

91.520(a) 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: Saul Ramirez, Assistant

Secretary for Community Planning and

Development.

DATE GRANTED: December 22, 1997.

REASONS WAIVED: The Assistant

Secretary determined that failure to grant the

requested waiver would adversely affect the

purposes of the CDBG program, because the

City would not be able to submit a complete

and accurate performance report on its 1996

program year.

2. REGULATION: 24 CFR 92.101(e) and (c).

PROJECT/ACTIVITY: The St. Louis

County, Minnesota requested a waiver of

§ 92.101(e) and (c) of the HOME program

regulations (24 CFR part 92) to allow the

County, which is a member of the Northeast

Minnesota Housing Consortium, to structure

its consortium agreement for a four-year

term. The County also has until March 31,

1998 to obtain the needed signatures on the

consortium agreement.

NATURE OF REQUIREMENT: The

regulations at 24 CFR 92.101(e) and (c)

require consortium agreements be 3-years

long.

GRANTED BY: Jacquie Lawing, Acting

Assistant Secretary for Community Planning

and Development.

DATE GRANTED: November 5, 1997.

REASONS WAIVED: The Acting Assistant

Secretary added a six month transition

period to allow the 76 small rural

communities time to sign the agreement. The

four year agreement was enacted so that it
Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 / Notices 29511

will expire concurrently with St. Louis

County’s next urban county agreement.

3. REGULATION: 24 CFR 92.212(b).

PROJECT/ACTIVITY: The Longview/Kelso

Consortium of Washington State, requested a

waiver of the HOME program regulations to

allow it to use HOME funds to reimburse

planning and administration costs incurred

in the development of its initial Consolidated

Plan as a new HOME grantee.

NATURE OF REQUIREMENT: The HOME

program regulations at 24 CFR 92.212(b)

allow eligible administrative and planning

costs to be incurred as of the beginning of the

participating jurisdiction’s consolidated

program year, or the date the Consolidated

Plan describing the HOME allocation is

received by HUD.

GRANTED BY: Saul Ramirez, Assistant

Secretary for Community Planning and

Development.

DATE GRANTED: December 16, 1997.

REASONS WAIVED: The Assistant

Secretary determined that failure to grant the

requested waiver would adversely affect the

purposes of the HOME program, because

non-reimbursement of costs incurred in the

development of the Consolidated Plan would

pose a difficulty for the City in implementing

its new HOME program, and place the

financial burden for program start-up costs

on local resources.

4. REGULATIONS: 24 CFR 92.214(a)(7)

and 24 CFR 92.502(d).

PROJECT/ACTIVITY: The City of Mobile,

Alabama requested a waiver of these

regulations to allow the use of additional

HOME program funds on property previously

assisted with HOME monies. The subject

properties were damaged by floods.

NATURE OF REQUIREMENT: HUD’s

HOME program regulations at 24 CFR

92.214(a)(7) and 24 CFR 92.502(d) prohibit a

participating jurisdiction from using HOME

funds on properties that have been

previously assisted with HOME monies. This

prohibition applies to properties that were

completed more than one year after the

original completion date.

GRANTED BY: Saul Ramirez, Assistant

Secretary for Community Planning and

Development.

DATE GRANTED: December 2, 1997.

REASONS WAIVED: The waiver was

granted to allow three specific projects to

reopen and to use HOME funds to correct

flooding conditions.

5. REGULATION: 24 CFR 92.254(a).

PROJECT/ACTIVITY: The City of

Cincinnati, Ohio requested a waiver of the

requirement that property be transferred to a

homebuyer within 42 months after project

completion. This waiver would extend the

maximum lease period to 60 months for an

eight unit building.

NATURE OF REQUIREMENT: HUD’s

HOME program regulations at 24 CFR

92.254(a) require that property be transferred

to a homebuyer within forty-two (42) months

after project completion.

GRANTED BY: Saul Ramirez, Assistant

Secretary for Community Planning and

Development.

DATE GRANTED: December 16, 1997.

REASONS WAIVED: The waiver was

granted because it would allow the City to

take advantage of the Historic Tax Credit

associated with the project; enable six low

income families to become homeowners; and

increase the homeownership rate in a

neighborhood with a high concentration of

low-income rental properties.

6. REGULATION: 24 CFR 570.200(h)(1)(i).

PROJECT/ACTIVITY: The City of Rialto,

California requested a waiver of these HUD

regulations to allow it to use CDBG funds to

reimburse planning and administration costs

incurred while preparing its initial

Consolidated Plan as a new CDBG

entitlement grantee.

NATURE OF REQUIREMENT: The CDBG

program regulations at 24 CFR

570.200(h)(1)(i) state that a grantee may only

use CDBG funds to pay pre-award costs if the

activity is included in a Consolidated Plan or

an amended plan prior to the costs being

incurred.

GRANTED BY: Jacquie Lawing, Acting

Assistant Secretary for Community Planning

and Development.

DATE GRANTED: November 6, 1997.

REASONS WAIVED: The Acting Assistant

Secretary determined that failure to grant the

requested waiver would adversely affect the

purposes of the CDBG program, because the

non-reimbursement of costs incurred in the

development of the Consolidated Plan would

pose a difficulty for the City in implementing

its new CDBG program and put the financial

burden for program start-up costs on local

resources.

7. REGULATION: 24 CFR 570.200(h)(1)(i).

PROJECT/ACTIVITY: The City of

Victorville, California, requested a waiver of

these HUD regulations to allow the City to

use CDBG funds to reimburse planning and

administration costs incurred while

preparing its initial Consolidated Plan as a

new CDBG entitlement grantee.

NATURE OF REQUIREMENT: The CDBG

program regulations at 24 CFR

570.200(h)(1)(i) state that a grantee may only

use CDBG funds to pay pre-award costs, if

the activity is included in a Consolidated

Plan or an amended plan prior to the costs

being incurred.

GRANTED BY: Saul Ramirez, Assistant

Secretary for Community Planning and

Development.

DATE GRANTED: December 18, 1997.

REASONS WAIVED: The Assistant

Secretary determined that failure to grant the

requested waiver would adversely affect the

purposes of the CDBG program, because nonreimbursement of costs incurred in the

development of the Consolidated Plan would

pose a difficulty for the City in implementing

its new CDBG program and put the financial

burden for program start-up costs on local

resources.

8. REGULATION: 24 CFR 570.206(g).

PROJECT/ACTIVITY: Pima County,

Arizona requested a waiver of the CDBG

program regulations to allow the County to

use CDBG funds for pre-development costs

related to the expansion of an existing senior

citizen housing complex.

NATURE OF REQUIREMENT: The CDBG

program regulations at 24 CFR 570.206(g)

require that assistance under the regulations

be limited to units which are identified in the

recipient’s HUD-approved housing assistance

plan (HAP). Because the Consolidated Plan

includes non-housing activities and is not

exclusively limited to low-and-moderateincome persons, HUD has determined that 24

CFR 570.206(g) cannot be read to

automatically substitute costs related to the

Consolidated Plan for costs formerly eligible

in connection with the HAP.

GRANTED BY: Jacquie Lawing, Acting

Assistant Secretary for Community Planning

and Development.

DATE GRANTED: November 6, 1997.

REASONS WAIVED: The regulation was

waived because the community was using

the CDBG funds to pay for pre-development

activities associated with a proposal

submitted to HUD under the Section 202

program. The waiver was granted because the

funds were to be used for a HAP-type

(meeting the needs of low and moderate

income senior citizens) housing activity.

9. REGULATION: 24 CFR 574.540.

PROJECT/ACTIVITY: The City of Chicago,

Illinois requested a waiver of the Housing

Opportunities for Persons with AIDS

(HOPWA) program regulations to authorize

the placement of HOPWA funds in a housing

subsidy trust fund for a period longer than

the three years. The trust fund would be used

for operating expenses.

NATURE OF REQUIREMENT: The

HOPWA program regulations at 24 CFR

574.540 provide that HUD may de-obligate

any amount of HOPWA grant funds that have

not been expended within a three-year period

from the date of the signing of the grant

agreement.

GRANTED BY: Saul Ramirez, Assistant

Secretary for Community Planning and

Development.

DATE GRANTED: November 25, 1997.

REASONS WAIVED: The Assistant

Secretary granted this waiver, extending for

two years the period the City could use

HOPWA funds placed in a trust for a specific

project. This allowed the City to continue to

provide support for the housing related needs

of HOPWA program beneficiaries.

10. REGULATION: 24 CFR 576.21.

PROJECT/ACTIVITY: Jefferson County,

Alabama requested a waiver of the

Emergency Shelter Grants (ESG) program

regulations at 24 CFR 576.21.

NATURE OF REQUIREMENT: HUD’s

regulation at 24 CFR 576.21 state that

recipients of ESG grant funds are subject to

the limits on the use of assistance for

essential services established in section

414(a)(2)(B) of the Stewart B. McKinney

Homeless Assistance Act (42 U.S.C.

11374(a)(2)(B)). Essential services are

commonly defined as services that provide

health, employment, drug abuse, and

education to homeless persons.

GRANTED BY: Fred Karnas, Jr., Deputy

Assistant Secretary for Community Planning

and Development.

DATE GRANTED: October 14, 1997.

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
29512 Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 / Notices

provided a letter that demonstrated that other

categories of ESG activities will be carried

out locally with other resources.

Accordingly, HUD determined that the

waiver was appropriate.

11. REGULATION: 24 CFR 582.105(e).

PROJECT/ACTIVITY: The Dane County,

Wisconsin Department of Human Services

requested that up to 15 percent of its Shelter

Plus Care allocation be used for

administration.

NATURE OF REQUIREMENT: HUD’s

Shelter Plus Care program regulations at 24

CFR 582.105(e) set the administrative cost

allowance for project activities at 8 percent

of the grant amount.

GRANTED BY: Jacquie Lawing, Acting

Assistant Secretary for Community Planning

and Development.

DATE GRANTED: October 22, 1997.

REASONS WAIVED: The Acting Assistant

Secretary determined that failure to grant the

requested waiver would adversely affect the

purposes of the Shelter Plus Care program,

because the administrative burdens for the

homeless initiative had doubled and the

project had reached full capacity without

using all the rental assistance available.

FOR ITEMS 12 THROUGH 17, WAIVERS

GRANTED FOR 24 CFR PART 761

CONTACT: Gloria Cousar, Deputy Assistant

Secretary, Office of Public and Assisted

Housing Delivery, U.S. Department of

Housing and Urban Development, 451 7th

Street, SW, Room 4126, Washington, DC

20410; telephone (202) 619–8201 (this is not

a toll-free number). Hearing or speechimpaired persons may access this number via

TTY by calling the toll-free Federal

Information Relay Service at 1–800–877–

8391.

12. REGULATION: 24 CFR 761.30(b).

PROJECT/ACTIVITY: Lackawanna County

Housing Authority Youth Sports Program

(Grant No. #PA26YSP0380194).

NATURE OF REQUIREMENT: The

regulations state that the terms of the grant

agreement may not exceed 24 months for the

Public and Indian Housing Drug Elimination

Grant Program and that only one, 6-month

extension is allowed. If the grant funds are

not expended at the end of the grant term,

funds must be remitted to HUD.

GRANTED BY: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

DATE GRANTED: March 12, 1997.

REASON WAIVED: The Lackawanna

County Housing Authority was unable to

complete the winter sports component of

their grant within the regulatory time-frame,

due to unseasonably warm weather. The

waiver permitted the housing authority to

continue its winter sports activities.

13. REGULATION: 24 CFR 761.30(b).

PROJECT/ACTIVITY: Newark Housing

Authority, Newark, New Jersey; Public

Housing Drug Elimination Grant Program

(PHDEP) (Grant #NJ39DEP0020194).

NATURE OF REQUIREMENT: The

regulations state that the terms of the grant

agreement may not exceed 24 months for the

PHDEP program and that only one 6-month

extension is allowed. If the grant funds are

not expended at the end of the grant term,

funds must be remitted to HUD.

GRANTED BY: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

DATE GRANTED: May 23, 1997.

REASON WAIVED: The waiver was

granted in order to permit the Newark

Housing Authority (NHA) to revise its plan

regarding the use of PHDEP funding. The

revised PHDEP plan permits the NHA to

conduct law enforcement (municipal police

services), physical security, U.S. Attorney’s

anti-violence task force operations in the

NHA, and other security and resident

activities.

14. REGULATION: 24 CFR 761.30(b).

PROJECT/ACTIVITY: Hoboken Housing

Authority, Hoboken, New Jersey; Public

Housing Drug Elimination Grant Program

(Grant #NJ39DEP0430194).

NATURE OF REQUIREMENT: The

regulations state that the terms of the grant

agreement may not exceed 24 months for the

PHDEP program and that only one 6-month

extension is allowed. If the grant funds are

not expended at the end of the grant term,

funds must be remitted to HUD.

GRANTED BY: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

DATE GRANTED: July 10, 1997.

REASON WAIVED: The waiver was

granted in order to permit the Hoboken

Housing Authority (HHA) to revise its plan

regarding the use of PHDEP funding. The

revised PHDEP plan permits the HHA to

carry out law enforcement and resident

activities.

15. REGULATION: 24 CFR 761.30(b).

PROJECT/ACTIVITY: Camden Housing

Authority, Camden, New Jersey; Public

Housing Drug Elimination Grant Program

(Grant #NJ39DEP0100194, #NJ39DEP0100195

and #NJ39DEP0100196).

NATURE OF REQUIREMENT: The

regulations state that the terms of the grant

agreement may not exceed 24 months for the

Public and Indian Housing Drug Elimination

Grant Program and that only one 6-month

extension is allowed. If the grant funds are

not expended at the end of the grant term,

funds must be remitted to HUD.

GRANTED BY: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

DATE GRANTED: August 12, 1997.

REASON WAIVED: The waiver was

granted in order to permit the Camden

Housing Authority (CHA) to revise its plan

regarding the use of PHDEP funding. The

revised PHDEP plan permits the CHA to

carry out law enforcement and resident

activities.

16. REGULATION: 24 CFR 761.30(b).

PROJECT/ACTIVITY: Charlottesville

Redevelopment and Housing Authority,

Charlottesville, Virginia; Public Housing

Drug Elimination Grant Program (Grant

#VA36DEP0160194).

NATURE OF REQUIREMENT: The

regulations state that the terms of the grant

agreement may not exceed 24 months for the

Public and Indian Housing Drug Elimination

Grant Program and that only one 6-month

extension is allowed. If the grant funds are

not expended at the end of the grant term,

funds must be remitted to HUD.

GRANTED BY: Kevin Emanuel Marchman,

Acting Assistant Secretary, Office of Public

and Indian Housing.

DATE GRANTED: August 18, 1997.

REASON WAIVED: The waiver was

necessary to permit the Charlottesville

Redevelopment and Housing Authority

requested to reprogram small amounts

($365.00) of grant funds from several budget

line items into their drug prevention

program.

17. REGULATION: 24 CFR 761.30(b).

PROJECT/ACTIVITY: Memphis Housing

Authority, Memphis, Tennessee; Public

Housing Drug Elimination Program (Grant

#TN00DEP0010194).

NATURE OF REQUIREMENT: The

regulations state that the terms of the grant

agreement may not exceed 24 months for the

Public and Indian Housing Drug Elimination

Grant Program and that only one 6-month

extension is allowed. If the grant funds are

not expended at the end of the grant term,

funds must be remitted to HUD.

GRANTED BY: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

DATE GRANTED: September 26, 1997.

REASON WAIVED: The Memphis Housing

Authority requested this extension to

continue the implementation of Operation

Safe Home II. The purpose of this extension

is to obligate funds (contractually) regarding

law enforcement activities for the MHA.

FOR ITEM 18, WAIVER GRANTED FOR 24

CFR PART 811, CONTACT: James Mitchell,

Office of Housing, Department of Housing

and Urban Development, 451 Seventh Street,

SW, Room 6164, Washington, DC 20410;

telephone (202) 708–3730 (this is not a tollfree number). Hearing or speech-impaired

persons may access this number via TTY by

calling the toll-free Federal Information Relay

Service at 1–800–877–8391.

18. REGULATION: 24 CFR 811.108(a).

PROJECT/ACTIVITY: Defeasance and

redemption of bonds which financed a

Section 8 assisted project in Columbus, Ohio

(the Nelson Park Apartments, FHA No. 043–

35233).

NATURE OF REQUIREMENT: The

regulation provides that upon full

redemption of bond principal and interest,

any remaining balance in the debt service

reserve shall be remitted to HUD.

GRANTED BY: Nicolas P. Retsinas,

Assistant Secretary for Housing-Federal

Housing Commissioner.

DATE GRANTED: December 24, 1997.

REASONS WAIVED: Banc One Capital

Corporation wishes to purchase the mortgage

note from the bond trustee for a price which,

when added to Series 1980 Bond reserves of

$616,157, will permit full discharge of

outstanding bond principal. The Columbus

Metropolitan Housing Authority has

requested the use of $200,000 of such

reserves to finance repairs to seven public

housing projects in its jurisdiction. HUD

consented to this request, based on advice by

the Ohio State Office that Nelson Park

Apartments does not need additional funds

for repairs or replacement reserves.

FOR ITEM 19, WAIVER GRANTED FOR 24

CFR PART 882 CONTACT: Debbie Ann

Wills, Field Management Officer, U.S.
Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 / Notices 29513

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 (this is not a tollfree number). Hearing or speech-impaired

persons may access this number via TTY by

calling the toll-free Federal Information Relay

Service at 1–800–877–8391.

19. REGULATION: 24 CFR 882.408(a).

PROJECT/ACTIVITY: The Los Angeles

Housing Authority requested a waiver, to

increase the Fair Market Rent (FMR) in its

Section 8 Moderate Rehabilitation Single

Room Occupancy (SRO) program, for a single

project.

NATURE OF REQUIREMENT: HUD’s

regulations at 24 CFR 882.408(a) provides

that rental housing assisted with SRO funds

cannot charge rents that exceed the current

Section 8 FMR.

GRANTED BY: Saul Ramirez, Assistant

Secretary for Community Planning and

Development.

DATE GRANTED: December 5, 1997.

REASONS WAIVED: The waiver was

granted because the Housing Authority

documented that the rents presently charged

and received for efficiency and one bedroom

units in Los Angeles, where the project is

located, were significantly higher than the

published FMRs.

FOR ITEMS 20 AND 21, WAIVERS

GRANTED FOR 24 CFR PART 901

CONTACT: William C. Thorson, Director,

Administrative and Maintenance Division,

Office of Public and Indian Housing, U.S.

Department of Housing and Urban

Development, 451 7th Street, SW, Room

4124, Washington, DC 20410; telephone (202)

708–4703 (this is not a toll-free number).

Hearing or speech-impaired persons may

access this number via TTY by calling the

toll-free Federal Information Relay Service at

1–800–877–8391.

20. REGULATION: 24 CFR 901.100(b).

PROJECT/ACTIVITY: The St. Louis

Housing Authority (SLHA) requested a

waiver of the above cited regulation to obtain

an extension for submission of its Public

Housing Management Assessment Program

(PHMAP) certification.

NATURE OF REQUIREMENT: Public

Housing Agencies submit their PHMAP

certification within 60 days of fiscal year

end. This certification along with

information in the field office files and

verification of data through on-site

confirmatory reviews provide the basis for

the PHMAP grades and total score

determined by HUD.

GRANTED BY: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

DATE GRANTED: November 21, 1997.

REASON WAIVED: The SLHA stated that

a computer virus has been implanted in its

on-line computer system. The virus was

activated on September 14, 1997, and

resulted in the master files for payroll,

Section 8 program assistance, tenant

accounting, general ledger, housing eligibility

and work orders being deleted. Other files

have randomly been deleted from the

computer system corrupting the integrity of

the SLHA’s computerized data collection

system. In addition, the SLHA, a troubled

agency, was having its Independent

Assessment performed during November 10–

21, 1997. The information obtained during

this assessment was helpful to the St. Louis

Office of Public Housing in assessing the

SLHA for its FYE 1997, and provided

accurate and up-to-date data for the 1997

PHMAP assessment.

21. REGULATION: 24 CFR 901.100(b).

PROJECT/ACTIVITY: The Williamsburg

Redevelopment and Housing Authority, VA,

(WRHA) requested a waiver of the above

cited regulation to obtain a 30-day extension

for submission of its Public Housing

Management Assessment Program (PHMAP)

certification.

NATURE OF REQUIREMENT: Public

Housing Agencies submit their PHMAP

certification within 60 days of fiscal year

end. This certification along with

information in the field office files and

verification of data through on-site

confirmatory reviews provide the basis for

the PHMAP grades and total score

determined by HUD.

GRANTED BY: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

DATE GRANTED: December 17, 1997.

REASON WAIVED: The WRHA stated that

it discovered that its work orders had not

been coded properly since April 1997, when

new staff was hired, thus distorting the

information necessary to complete the

PHMAP certification. The WRHA was

furthered hampered by a breakdown of the

maintenance department’s computer, which

had to be repaired. HUD granted the waiver

in order to ensure that the WRHA was

reporting accurate information and that it

scored correctly under the PHMAP.

FOR ITEM 22 THROUGH 39, WAIVERS

GRANTED FOR 24 CFR PART 982, 984, AND

990 CONTACT: Gloria Cousar, Deputy

Assistant Secretary, Office of Public and

Assisted Housing Delivery, U.S. Department

of Housing and Urban Development, 451 7th

Street, SW, Room 4126, Washington, DC

20410; telephone (202) 619–8201 (this is not

a toll-free number). Hearing or speechimpaired persons may access this number via

TTY by calling the toll-free Federal

Information Relay Service at 1–800–877–

8391.

22. REGULATION: 24 CFR 982.303(b).

PROJECT/ACTIVITY: Housing Authority

and Urban Renewal Agency of Lane County,

Oregon; Section 8 Rental 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 3, 1997.

REASON WAIVED: Approval of the waiver

prevented further hardship to a program

participant who was forced to move from her

assisted unit because it was damaged by fire.

As a result of severe illness, she was unable

to seek another unit when her certificate was

reissued.

23. REGULATION: 24 CFR 982.303(b).

PROJECT/ACTIVITY: Housing Authority of

Lake County, Illinois; Section 8 Rental

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 9, 1997.

REASON WAIVED: Approval of the waiver

prevented hardship to the severely

developmentally disabled certificate holder

whose special housing requirements made it

difficult to find a suitable unit.

24. REGULATION: 24 CFR 982.303(b).

PROJECT/ACTIVITY: Housing Authority of

the County of Santa Clara, California; Section

8 Rental 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: October 12, 1997.

REASON WAIVED: Approval of the waiver

prevented hardship to the single parent head

of household and her family. Due to

debilitating illness and mobility problems the

family needed additional time to locate an

accessible unit in a tight rental market with

a vacancy rate of one percent.

25. REGULATION: 24 CFR 982.303(b).

PROJECT/ACTIVITY: Housing Authority of

the County of Santa Clara, California; Section

8 Rental 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 30, 1997.

REASON WAIVED: Approval of the waiver

prevented hardship for a disabled certificate

holder whose medical condition prevented

her from seeking housing during a portion of

the time her certificate was in effect.

26. REGULATION: 24 CFR 982.303(b).

PROJECT/ACTIVITY: Commonwealth of

Massachusetts, Department of Housing and

Community Development; Section 8 Rental

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: November 19, 1997.

REASON WAIVED: Approval of the waiver

prevented further hardship and possible

homelessness for the certificate holder and

her children. The family was forced to move

from the unit where they had been assisted

when the property went into foreclosure.

Illness of the mother prevented the family
29514 Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 / Notices

from seeking housing during the time the

certificate was in effect.

27. REGULATION: 24 CFR 982.303(b).

PROJECT/ACTIVITY: Housing Authority of

the City of Los Angeles, California; Section

8 Rental 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: November 21, 1997.

REASON WAIVED: Approval of the waiver

prevented further hardship to a disabled

certificate holder who could not seek housing

because she was hospitalized during the time

her certificate was in effect.

28. REGULATION: 24 CFR 982.303(b).

PROJECT/ACTIVITY: Boston Housing

Authority, Massachusetts; Section 8 Rental

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: November 21, 1997.

REASON WAIVED: Approval of the waiver

prevented further hardship to a disabled

certificate holder who was unable to seek

housing during the time her certificate was

in effect because she was ill.

29. REGULATION: 24 CFR 982.303(b).

PROJECT/ACTIVITY: Boston Housing

Authority, Massachusetts; Section 8 Rental

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: November 21, 1997.

REASON GRANTED: Approval of the

waiver prevented further hardship to the

family. Extended illness of the mother

prevented the family from seeking housing

during the time their certificate was in effect.

30. REGULATION: 24 CFR 982.303(b).

PROJECT/ACTIVITY: Commonwealth of

Massachusetts Department of Housing and

Community Development; Section 8 Rental

Voucher Program.

NATURE OF REQUIREMENT: The

regulation provides a maximum rental

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 21, 1997.

REASON WAIVED: Approval of the waiver

prevented further hardship to the homeless

voucher holder, a victim of domestic

violence. Severe heart disease and an adverse

reaction to her heart medication prevented

the voucher holder from seeking housing

during the time her voucher was in effect.

31. REGULATION: 24 CFR 982.303(b).

PROJECT/ACTIVITY: Housing Authority of

the County of Santa Clara, California; Section

8 Rental 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: November 21, 1997.

REASON WAIVED: Approval of the waiver

prevented hardship to the family. The

medical condition of the disabled head of

household made it impossible for the family

to seek housing during much of the time her

rental certificate was in effect.

32. REGULATION: 24 CFR 982.303(b).

PROJECT/ACTIVITY: Housing Authority of

the County of Santa Clara, California; Section

8 Rental 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: November 21, 1997.

REASON WAIVED: The waiver prevented

hardship to the certificate holder who was

unable to seek housing during a portion of

the time her certificate was in effect because

of multiple medical problems, including

spinal arthritis.

33. REGULATION: 24 CFR 982.303(b).

PROJECT/ACTIVITY: Housing Authority of

the County of Santa Clara, California; Section

8 Rental 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: November 21, 1997.

REASON WAIVED: The waiver prevented

hardship to the certificate holder who was

forced to move from the unit where she had

been assisted. She was unable to seek

housing during much of the time her

certificate was in effect because of serious

health problems.

34. REGULATION: 24 CFR 982.303(b).

PROJECT/ACTIVITY: Housing Authority of

the City of Los Angeles, California; Section

8 Rental 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: November 21, 1997.

REASON WAIVED: The waiver prevented

hardship to the disabled certificate holder

who was unable to seek housing because she

was hospitalized during much of the time her

certificate was in effect.

35. REGULATION: 24 CFR 982.303(b).

PROJECT/ACTIVITY: Housing Authority of

Oceanside, California; Section 8 Rental

Voucher 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 16, 1997.

REASON WAIVED: The waiver prevented

further hardship to the disabled voucher

holder whose serious health problems

prevented her from seeking a unit during

much of the time her voucher was in effect.

36. REGULATION: 24 CFR 982.352(c)(8).

PROJECT/ACTIVITY: City of Minnetonka,

Minnesota; Section 8 Rental Certificate

Program.

NATURE OF REQUIREMENT: The

regulation provides that a family may not

receive the benefit of tenant-based assistance

while also receiving any local or State rent

subsidy for the same unit.

GRANTED BY: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

DATE GRANTED: October 21, 1997.

REASON WAIVED: The monies to be

provided by the city are not duplicative

subsidy since they are being provided to fund

the gap between the market rents and the

Section 8 rents. Development of the units

represents a public/private partnership to

create affordable housing and approval of the

waiver expands the housing choice of

families enabling them to move to desirable

housing in a nonimpacted area.

37. REGULATION: 24 CFR 984.306(b).

PROJECT/ACTIVITY: Housing Authority

and Community Services Agency of Lane

County, Oregon; Section 8 Family SelfSufficiency (FSS) Program.

NATURE OF REQUIREMENT: The

regulation provides that a Section 8 rental

certificate or voucher program participant

must lease a unit in the jurisdiction of the

Public Housing Agency that selected the

family for the FSS program for a minimum

of 12 months after the effective date of the

FSS contract.

GRANTED BY: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

DATE GRANTED: October 21, 1997.

REASON WAIVED: Approval of the waiver

permitted the Section 8 certificate program

participant to move closer to her new

employment while remaining in the FSS

program.

38. REGULATION: 24 CFR 990.107(b)(1)

and 990.110(c)(2)(ii).

PROJECT/ACTIVITY: Housing Authority of

Wilmington, NC; Performance Funding

System (PFS) regulations.

NATURE OF REQUIREMENT: The PFS

regulations at 24 CFR part 990 require that

current utility rates be used in the calculation

of savings under an energy performance

contract.

GRANTED BY: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.
Federal Register / Vol. 63, No. 103 / Friday, May 29, 1998 / Notices 29515

DATE GRANTED: November 6, 1997.

REASON WAIVED: The PFS provides

incentives for housing agencies to leverage

private financing for the installation of

energy conservation measures under the

energy performance contracting program. The

waiver will assist the Housing Authority of

Wilmington to enter into an energy

performance contract by allowing the use of

a ‘‘floor rate’’ in the event that there are

insufficient funds to pay the debt service on

the private financing because of a drop in

rates, even if the contractor achieves the

savings specified in the contract.

39. REGULATION: 24 CFR 990.107(b)(1)

and 990.110(c)(2)(ii).

PROJECT/ACTIVITY: Housing Authority of

the City of Kinston, NC; Performance

Funding System (PFS) regulations.

NATURE OF REQUIREMENT: The PFS

regulations at 24 CFR part 990 require that

current utility rates be used in the calculation

of savings under an energy performance

contract.

GRANTED BY: Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

DATE GRANTED: December 17, 1997.

REASON WAIVED: The PFS provides

incentives for housing agencies to leverage

private financing for the installation of

energy conservation measures under the

energy performance contracting program. The

waiver will assist the Housing Authority of

the City of Kinston to enter into an energy

performance contract by allowing the use of

a ‘‘floor rate’’ in the event that there are

insufficient funds to pay the debt service on

the private financing because of a drop in

rates, even if the contractor achieves the

savings specified in the contract.

[FR Doc. 98–14244 Filed 5–28–98; 8:45 am]

BILLING CODE 4210–32–P