Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices 35803

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

Community Planning and Development

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 CPD program

for the geographic area for which the

Secretary’s Representatives is

responsible. The Secretary’s

Representative is concurrently

redelegated the same authority to waive

Department directives concerning CPD

programs as reside with the Directors of

CPD 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 CPD 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 Community Planning and

Development redelegates as follows:

Section A. Authority redelegated

The Assistant Secretary for

Community Planning and Development

concurrently redelegates to each

Secretary’s Representative the following

authority to waive Department directors,

including handbook provisions,

concerning CPD programs for the

geographic area for which the

Secretary’s Representative is

responsible. This authority includes the

same authority to waive CPD directives

as is redelegated to Field Office Program

Directors in the geographic area. The

extent of this waiver authority is

currently described in the CPD field

reorganization redelegation at 59 FR

18280 (April 15, 1994), as amended by

the redelegation at 60 FR 30312 (June 8,

1995.) Each waiver granted shall be in

writing, specify the grounds for the

waiver, and shall be transmitted in

writing to the Assistant Secretary for

CPD. The Assistant Secretary for CPD

will publish any changes or further

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 CPD.

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

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

3535(d).

Dated: June 28, 1996.

Andrew M. Cuomo,

Assistant Secretary for Community Planning

and Development.

[FR Doc. 96–17174 Filed 7–5–96; 8:45 am]

BILLING CODE 4210–29–M

Office of the Assistant Secretary for

Fair Housing and Equal Opportunity

[Docket No. FR–4102–D–01]

Redelegation of Authority; Waiver of

Directives

AGENCY: Office of the Assistant

Secretary for Fair Housing and Equal

Opportunity, HUD.

ACTION: Notice of redelegation of

authority.

SUMMARY: In this notice, the Assistant

Secretary for Fair Housing and Equal

Opportunity redelegates to the

Secretary’s Representatives for HUD’s

Field Offices the same waiver authority

of directives and handbook provisions

pertaining to fair housing and equal

opportunity in Department programs, as

provided to the FHEO 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:

Susan Forward, Deputy Assistant

Secretary for Enforcement and

Investigations, Office of FHEO,

Department of Housing and Urban

Development, Room 5106, 451 7th

Street, SW, Washington, DC 20410,

telephone numbers (202) 708–4211

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

not toll-free numbers.

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 FHEO

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 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

Fair Housing and Equal Opportunity is

redelegating in this document

additional authority to the Secretary’s
35804 Federal Register / Vol. 61, No. 131 / Monday, July 8, 1996 / Notices

Representatives. Each Secretary’s

Representative is redelegated limited

authority to issue waivers of Department

directives, including handbook

provisions, concerning fair housing and

equal opportunity in Department

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 fair

housing and equal opportunity in

Department programs as resides with

the Directors of FHEO 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 FHEO 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 Fair Housing and Equal Opportunity

redelegates as follows:

Section A. Authority redelegated

The Assistant Secretary for Fair

Housing and Equal Opportunity

concurrently redelegates to each

Secretary’s Representative the following

authority to waive Department

directives, including handbook

provisions, concerning fair housing and

equal opportunity in Department

programs for the geographic area for

which the Secretary’s Representative is

responsible. This authority includes the

same authority to waive directives

pertaining to fair housing and equal

opportunity in Department programs as

is redelegated to Directors of FHEO in

the geographic area. Each waiver

granted shall be in writing, specify the

grounds for the waiver, and shall be

transmitted in writing to the Assistant

Secretary for FHEO. The Assistant

Secretary for FHEO will publish any

changes or amendments to its

redelegations of authority to Directors of

FHEO in the field.

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 FHEO.

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

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

3535(d).

Dated: June 18, 1996.

Elizabeth K. Julian,

Assistant Secretary for Fair Housing and

Equal Opportunity.

[FR Doc. 96–17175 Filed 7–5–96; 8:45 am]

BILLING CODE 4210–28–M

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

Revised Record of Decision on Gull

Hazard Reduction Program for John F.

Kennedy International Airport

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Notice.

SUMMARY: The Port Authority of New

York and New Jersey (PA) has applied

for a permit to take migratory birds,

including several species of gulls at

John F. Kennedy International Airport

(JFKIA). The Lead Agency for this Final

Environmental Impact Statement (FEIS)

was Animal Damage Control (ADC). The

U.S. Fish and Wildlife Service (Service)

was a cooperating agency with

jurisdiction by law and actively

participated in the scoping, drafting and

reviewing of the Draft Environmental

Impact Statement (DEIS) and the FEIS.

Pursuant to the Council on

Environmental Quality Regulations (Part

1506.3, Title 40 CFR) for Implementing

Provisions of the National

Environmental Policy Act (NEPA), and

the Department of the Interior,

Departmental Manual at 516 DM 1.1–

6.6, the Service adopted the above FEIS

as prepared by the U.S. Department of

Agriculture in 1994. The Service used

the information and analyses in the

DEIS and FEIS to make its own

independent Record of Decision (ROD)

for this project, which was published on

June 3, 1994 in the Federal Register.

Based on its independent evaluation

and review, the Service selected an

alternative similar to the Integrated

Management Program, Department of

the Interior Policy (IMP/DOI) as its

preferred alternative (FEIS, pp. 6–7 to

6–9). The conditions contained in the

IMP/DOI were designed to minimize

environmental harms and constitute a

viable monitoring and enforcement

program.

The PA has not to date fully

implemented all of the actions

identified in the original ROD, and as a

result the Service has been unable to

issue the PA a Special Purpose Permit

to support the bird hazard reduction

program at JFKIA. However, the Service

did issue limited permits in 1994, 1995,

and 1996 to address emergency

conditions associated with gulls during

the summer months. These emergency

conditions were documented by the

Federal Aviation Administration (FAA)

and by data collected by ADC biologists

in those years. The current

environmental situation at JFKIA

remains essentially the same as was

addressed in the 1994 FEIS. The data

collected by ADC biologists since 1994

complements, but does not materially

change the analysis of impacts of

alternatives bearing on the revised

decision. These data are available by

contacting the person listed in this

notice. Since issuing the original ROD,

the Service has been involved in lengthy

negotiations with the PA, but has been

unable to find the PA in full compliance

with the ROD, as published on June 3,

1994. The Service believes that

significant bird hazards do occur at

JFKIA, as are documented in the FEIS,

and that a Special Purpose Permit is

needed to address emergencies and to

facilitate migratory bird management

programs on JFKIA. In addition, the

Service recognizes that the PA has

implemented many of the actions

identified in this ROD, and the Service

hereby amends its original ROD to

support a limited Special Purpose

Permit action for the bird hazard

program at JFKIA.

ADDRESSES: Copies of the referenced

ADC data, the 1994 ROD and the 1994

FEIS may be obtained from George Haas,

300 Westgate Center Drive, Hadley,

Massachusetts 01035 (413/253–8576).

Background

JFKIA is one of three major airports in

the New York Metropolitan Region,

servicing approximately 28 million

passengers per year. It is located at the

eastern end of Jamaica Bay, immediately

adjacent to the Jamaica Bay National

Wildlife Refuge, which is part of

Gateway National Recreation Area

(GNRA) [administered by the National

Park Service (NPS)]. The interaction of

birds and aircraft at JFKIA is a serious

problem, creating significant hazards to

human safety, as well as causing

financial losses due to aircraft