[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Pages 35801-35802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17173]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
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.

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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

[[Page 35802]]

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]
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