Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices 35801

State and Area Coordinators. This

redelegation does not supersede the

Department’s Statement of Policy

published on April 22, 1991, at 56 FR

16337, entitled ‘‘Waiver of Regulations

and Directives Issued by HUD.’’

Department directives mandated by

statute, executive order, or regulation,

and those related to civil rights

compliance and enforcement are not

within this redelegation. The Secretary

is the ultimate repository of the

authority both to issue and to waive the

regulations of the Department. Typically

the authority to issue regulations is

delegated to an Assistant Secretary or

official of equivalent rank. Under

section 7(q) of the Department of

Housing and Urban Development Act,

42 U.S.C. 3535(q), the Secretary may not

delegate the authority to waive a

regulation below the Assistant Secretary

rank. This prohibition even includes

individuals who have been delegated

authority concurrent with the Assistant

Secretary. Under circumstances

prescribed in the policy statement, the

General Counsel must concur on

proposed waivers of regulations subject

to section 7(q) of the HUD Act.

Under HUD’s policy statement on

waiver of regulations and directives,

Directive means a Handbook (including

a change or supplement), notice, interim

notice, special directive, and any other

issuance that the Department may

classify as a directive. Handbook means

a directive that communicates

information of a permanent nature

(including clarification of policies,

instructions, guidance, procedures,

forms, and reports) for HUD staff or

program participants. Its permanent

nature distinguishes a Handbook from

other temporary HUD directives such as

notices.

As part of the Department’s continued

commitment to empowering

communities, the Assistant Secretary for

Public and Indian Housing is

redelegating in this document

additional authority to HUD’s

Secretary’s Representatives. Each

Secretary’s Representative is redelegated

limited authority to issue waivers of

Department directives, including

handbook provisions, for Public

Housing programs for the geographic

area for which the Secretary’s

Representative is responsible. The

Secretary’s Representative is

concurrently redelegated the same

authority to waive Department

directives concerning Public Housing

programs as reside with the Public

Housing Directors for the Field Offices

in the geographic area. The PH Director

and the Secretary’s Representative must

jointly concur in all requests for

waivers, whether the request is granted

or denied. If the Secretary’s

Representative and the PH Director do

not agree, the matter will be referred to

the Assistant Secretary for PIH for

resolution. If the Secretary’s

Representative further redelegates his or

her authority to a State and Area

Coordinator, and the PH Director and

State and Area Coordinator disagree on

a waiver request, the State and Area

Coordinator will refer the matter to the

Secretary’s Representative.

Accordingly, the Assistant Secretary

for Public and Indian Housing

redelegates as follows:

Section A. Authority Redelegated

The Assistant Secretary for Public and

Indian Housing concurrently redelegates

to each Secretary’s Representative the

following authority to waive

Department directives, including

handbook provisions, concerning Public

Housing programs for the geographic

area for which the Secretary’s

Representative is responsible. This

authority includes the same authority to

waive Public Housing directives as is

redelegated to Public Housing Directors

in the geographic area. The extent of

this waiver authority is currently

described within the redelegations at 59

FR 51200 (October 7, 1994) and 60 FR

50635 (September 29, 1994). Each

waiver granted shall be in writing,

specify the grounds for the waiver, and

shall be transmitted in writing to the

Assistant Secretary for PIH. The

Assistant Secretary for PIH will publish

any changes or amendments to these

redelegations.

Section B. Authority To Further

Redelegate

The authority redelegated pursuant to

Section A., above, may be further

redelegated to the State and Area

Coordinators for the geographic region

of the Secretary’s Representative. If the

Secretary’s Representative redelegates

this authority to a State and Area

Coordinator, the redelegation shall

include the requirement that each

waiver granted shall be in writing,

specify the grounds for the waiver, and

shall be transmitted in writing

simultaneously to the appropriate

Secretary’s Representative and to the

Assistant Secretary for PIH.

Authority: Sec. 7(d) of the Department of

Housing and Urban Development (42 U.S.C.

3535(d)).

Dated: June 28, 1996.

Kevin Emanuel Marchman,

Acting Assistant Secretary for Public and

Indian Housing.

[FR Doc. 96–17172 Filed 7–5–96; 8:45 am]

BILLING CODE 4210–33–M

Office of the Assistant Secretary for

Housing—Federal Housing

Commissioner

[Docket No. FR–4107–D–01]

Redelegation of Authority; Waiver of

Directives

AGENCY: Office of the Assistant

Secretary for Housing, HUD.

ACTION: Notice of redelegation of

authority.

SUMMARY: In this notice, the Assistant

Secretary for Housing redelegates to the

Secretary’s Representatives for HUD’s

Field Offices the same waiver authority

of directives and handbook provisions

pertaining to Housing programs, as

provided to the Housing Program

Directors in the HUD Field Offices. The

Secretary’s Representatives may further

redelegate the authority to waive

directives and handbook provisions to

State and Area Coordinators within

their geographic area.

EFFECTIVE DATE: June 28, 1996.

FOR FURTHER INFORMATION CONTACT:

Robert G. Hunt, Director, Management

Services Division, Office of

Management, Department of Housing

and Urban Development , Room 9116,

451 7th Street, SW, Washington, DC

20410, telephone number (202) 708–

0826. This is not a toll-free number.

SUPPLEMENTARY INFORMATION: The

purpose of this redelegation is to

provide Secretary’s Representatives

with the same authority to waive

directives, including handbook

provisions, redelegated to Housing

Program Directors in the Field Offices,

and with the authority to further

redelegate to State and Area

Coordinators. This redelegation does not

supersede the Department’s Statement

of Policy published on April 22, 1991,

at 56 FR 16337, entitled ‘‘Waiver of

Regulations and Directives Issued by

HUD.’’

Department directives mandated by

statute, executive order, or regulation,

and those related to civil rights

compliance and enforcement are not

within this redelegation. The Secretary

is the ultimate repositor of the authority

both to issue and to waive the

regulations of the Department. Typically

the authority to issue regulations is

delegated to an Assistant Secretary or
35802 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices

official of equivalent rank. Under

section 7(q) of the Department of

Housing and Urban Development Act,

42 U.S.C. 3535(q), the Secretary may not

delegate the authority to waive a

regulation below the Assistant Secretary

rank. This prohibition even includes

individuals who have been delegated

authority concurrent with the Assistant

Secretary. Under circumstances

prescribed in the policy statement, the

General Counsel must concur on

proposed waivers of regulations subject

to section 7(q) of the HUD Act.

Under HUD’s policy statement on

waiver of regulations and directives,

Directive means a Handbook (including

a change or supplement), notice, interim

notice, special directive, and any other

issuance that the Department may

classify as a directive. Handbook means

a directive that communicates

information of a permanent nature

(including clarification of policies,

instructions, guidance, procedures,

forms, and reports) for HUD staff or

program participates. Its permanent

nature distinguishes a Handbook from

other temporary HUD directives such as

notices.

As part of the Department’s continued

commitment to empowering

communities, the Assistant Secretary for

Housing is redelegating in this

document additional authority to HUD’s

Secretary’s Representatives. Each

Secretary’s Representative is redelegated

limited authority to issue waivers of

Department directives, including

handbook provisions, for Housing

programs for the geographic area for

which the Secretary’s Representative is

responsible. The Secretary’s

Representative is concurrently

redelegated the same authority to waive

Department directives concerning

Housing programs as reside with the

Housing Program Directors for the Field

Offices in the geographic area. The

Program Director and the Secretary’s

Representative must jointly concur in

all requests for waivers, whether the

request is granted or denied. If the

Secretary’s Representative and the

Program Director do not agree, the

matter will be referred to the Assistant

Secretary for Housing for resolution. If

the Secretary’s Representative further

redelegates his or her authority to a

State and Area Coordinator, and the

Program Director and State and Area

Coordinator disagree on a waiver

request, the State and Area Coordinator

will refer the matter to the Secretary’s

Representative.

Accordingly, the Assistant Secretary

for Housing redelegates as follows:

Section A. Authority Redelegated

The Assistant Secretary for Housing

concurrently redelegates to each

Secretary’s Representative the following

authority to waive Department

directives, including handbook

provisions, concerning Housing

programs for the geographic area for

which the Secretary’s Representative is

responsible. This authority includes the

same authority to waive Housing

directives as is redelegated to Housing

Program Directors in the geographs area.

The extent of this waiver authority is

currently described in the Housing field

reorganization redelegation at 59 FR

62739 (December 6, 1994.) Each waiver

granted shall be in writing, specify the

grounds for the waiver, and shall be

transmitted in writing to the Assistant

Secretary for Housing. The Assistant

Secretary for Housing will publish any

changes or amendments to this

redelegation.

Section B. Authority To Further

Redelegate

The authority redelegated pursuant to

Section A., above, may be further

redelegated to the State and Area

Coordinators for the geographic region

of the Secretary’s Representative. If the

Secretary’s Representative redelegates

this authority to a State and Area

Coordinator, the redelegation shall

include the requirement that each

waiver granted shall be in writing,

specify the grounds for waiver, and

shall be transmitted in writing

simultaneously to the appropriate

Secretary’s Representative and to the

Assistant Secretary for Housing.

Authority: Sec. 7(d) of the Department of

Housing and Urban Development (42 U.S.C.

3535(d).

Dated: June 28, 1996.

Nicolas P. Retsinas,

Assistant Secretary for Housing—Federal

Housing Commissioner.

[FR Doc. 96–17173 Filed 7–5–96; 8:45 am]

BILLING CODE 4210–27–M

Office of the Assistant Secretary for

Community Planning and

Development

[Docket No. FR–4096–D–01]

Redelegation of Authority; Waiver of

Directives

AGENCY: Office of the Assistant

Secretary for Community Planning and

Development, HUD.

ACTION: Notice of redelegation of

authority.

SUMMARY: In this notice, the Assistant

Secretary for Community Planning and

Development redelegates to the

Secretary’s Representatives for HUD’s

Field Offices the same waiver authority

of directives and handbook provisions

pertaining to Community Planning and

Development (CPD) programs, as

provided to the CPD Program Directors

in the HUD Field Offices. The

Secretary’s Representatives may further

redelegate the authority to waive

directives and handbook provisions to

State and Area Coordinators within

their geographic area.

EFFECTIVE DATE: June 28, 1996.

FOR FURTHER INFORMATION CONTACT:

Joseph F. Smith, Director, Office of

Executive Services, Office of

Community Planning and Development,

Department of Housing and Urban

Development, Room 7208, 451 7th

Street, SW, Washington, DC 20410,

telephone numbers (202) 708–1283

(voice), (202) 708–1455 (TTY). These are

not toll-free numbers.

SUPPLEMENTARY INFORMATION: The

purposes of this redelegation is to

provide the Secretary’s Representatives

with the same authority to waive

directives, including handbook

provisions, redelegated to CPD Program

Directors in the Field Offices, and with

the authority to further redelegate to

State and Area Coordinators. This

redelegation does not supersede the

Department’s Statement of Policy

published on April 22, 1991, at 56 FR

16337, entitled ‘‘Waiver of Regulations

and Directives Issued by HUD.’’

Department directives mandated by

statute, executive order, or regulation,

and those related to civil rights

compliance and enforcement are not

within this redelegation. The Secretary

is the ultimate repository of the

authority both to issue and to waive the

regulations of the Department. Typically

the authority to issue regulations is

delegated to an Assistant Secretary or

official or equivalent rank. Under

section 7(q) of the Department of

Housing and Urban Development Act,

42 U.S.C. 3535(q), the Secretary may not

delegate the authority to waive a

regulation below the Assistant Secretary

rank. This prohibition even includes

individuals who have been delegated

authority concurrent with the Assistant

Secretary. Under circumstances

prescribed in the policy statement, the

General Counsel must concur on

proposed waivers of regulations subject

to section 7(q) of the HUD Act.

Under HUD’s policy statement on

waiver of regulations and directives,

Directive means a Handbook (including

a change or supplement), notice, interim