[Federal Register Volume 63, Number 30 (Friday, February 13, 1998)]
[Notices]
[Pages 7530-7535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-3682]



[[Page 7529]]

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Part IV





Department of Housing and Urban Development





_______________________________________________________________________



Regulatory Waiver Requests Granted; Notice

  Federal Register / Vol. 63, No. 30 / Friday, February 13, 1998 / 
Notices  

[[Page 7530]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4250-N-02]


Notice of Regulatory Waiver Requests Granted

AGENCY: Office of the Secretary, HUD.

ACTION: Public notice of the granting of regulatory waivers from April 
1, 1997 through June 30, 1997.

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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-
sixth 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 Congress adopted, at HUD's request, legislation 
to limit and control the granting of regulatory waivers by HUD. 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 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 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 twenty-sixth notice of its kind to be 
published under Section 106. This notice updates HUD's waiver-grant 
activity from April 1, 1997 through June 30, 1997. It also contains a 
waiver for 24 CFR 882.605(c), granted on January 16, 1997, and two 
waivers for 24 CFR 901.120(a) and (b), granted on February 28, 1997 and 
March 31, 1997, respectively.
    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 waiver-grant 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 Sec. 58.73 and Sec. 58.74 
would appear sequentially in the listing under Sec. 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 occur between July 1, 1997 through September 30, 
1997.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: February 3, 1998.
Andrew Cuomo,
Secretary.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Officers of the Department of Housing and Urban Development April 1, 
1997 Through June 30, 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 Item 1, Waiver Granted for Section 281(g) of the National 
Affordable Housing Act, Contact: Debbie Ann Wills, Field Management 
Officer, U.S. Department of Housing and Urban Development, Office of 
Community Planning and Development, 451 7th Street, S.W., 
Washington, D.C. 20410-7000, Telephone: (202) 708-2565, Fax: (202) 
401-9681. Hearing or speech-impaired persons may access this number 
via TTY by calling the Federal Information Relay Service at 1-800-
877-8391.
    1. Regulation: Section 281(g) of the National Affordable Housing 
Act.
    Project/Activity: The City of Homestead, Florida, requested a 
waiver of the HOME funds obligations deadline to finish two disaster 
projects.
    Nature of Requirement: Section 281(g) of the National Affordable 
Housing Act, requires that HOME funds be committed, with legally 
binding written agreements, to affordable housing projects within 24 
months of funds award.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: June 19, 1997.
    Reasons Waived: Deobligation of the City's remaining unspent 
disaster HOME funds would create a hardship to residents by removing 
housing opportunities. The waiver will permit the City to retain, 
for an additional 90 days, uncommitted funds for the purpose of 
obligating funds to two projects.
    For Item 2, Waiver Granted for Part 5, Contact: Gloria J. 
Cousar, Deputy Assistant Secretary for Public Housing Real Estate 
Performance, Funding, and Customer Service, Office of Public and 
Indian Housing, Department of Housing and Urban Development, 451 
Seventh Street, S.W., Washington, DC 20410, Telephone (202) 708-
1380. (This is not a toll-free number.) Hearing or speech-impaired 
persons may access this number via TTY by calling the Federal 
Information Relay Service at 1-800-877-8391.
    2. Regulation: 24 CFR 5.613(a).
    Project/Activity: City of Scottsdale Housing Authority, Arizona; 
Section 8 Rental Certificate Program.
    Nature of Requirement: The regulation provides that the Total 
Tenant Payment for

[[Page 7531]]

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: May 27, 1997.
    Reasons Waived: The assisted family was forced to move when 
their unit failed Housing Quality Standards inspection, and the 
landlord would not make required repairs. Approval of the waiver 
permitted the single parent family to lease a unit in the same 
neighborhood, permitting the child to remain in the same school.
    For Items 3 Through 8, Waivers Granted for 24 CFR Parts 58, 91, 
92, 570, 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, S.W., 
Washington, D.C. 20410-7000, Telephone: (202) 708-2565, Fax: (202) 
401-9681. Hearing or speech-impaired persons may access this number 
via TTY by calling the Federal Information Relay Service at 1-800-
877-8391.
    3. Regulation: 24 CFR 58.73; 24 CFR 91.115; 24 CFR 92.207; 24 
CFR 92.209; 24 CFR 92.214(a)(7); 24 CFR 92.222(b); 24 CFR 92.250; 24 
CFR 92.251; 24 CFR 92.300(a)(1); 24 CFR 92.303; 24 CFR 92.352; 
Section 414 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act.
    Project/Activity: The State of Minnesota, requested a waiver of 
the HOME Program and Consolidated Plan requirements to facilitate 
its efforts on behalf of victims of the recent flooding in the Red 
River Valley.
    Nature of Requirement: Pursuant to 24 CFR 5.110, which grants 
the authority to suspend certain statutory requirements of Section 
290 of the Cranston-Gonzalez National Affordable Housing Act, the 
following HOME regulations were waived:
    24 CFR 58.73, environmental requirements;
    24 CFR 91.115, citizen participation plan;
    24 CFR 92.207, eligible administrative and planning costs;
    24 CFR 92.209, tenant-based rental assistance;
    24 CFR 92.214(a)(7), prohibited activities;
    24 CFR 92.222(b), match reduction;
    24 CFR 92.250, maximum per-unit subsidy limit;
    24 CFR 92.251, property standards;
    24 CFR 92.300(a)(1), Community Housing Development Organizations 
(CHDOs);
    24 CFR 92.303, CHDO tenant participation plan;
    24 CFR 92.352, environmental requirements; and
    Section 414 of the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: May 28, 1997.
    Reasons Waived: Because of the severity of flooding, the 
Assistant Secretary determined that there was good cause to grant 
the waivers and suspend certain statutory requirements, pursuant to 
Section 290 of the Cranston-Gonzalez National Affordable Housing 
Act.
    4. Regulation: 24 CFR 92.214(a)(7).
    Project/Activity: The City of Chicago, Illinois, requested a 
waiver, on behalf of Carlton Apartments, to reimburse the Lakefront 
SRO Development Corporation for out-of-pocket costs for the 
installation of fire safety enhancements.
    Nature of Requirement: 24 CFR 92.214(a)(7), of the HOME Program 
regulations, states that HOME funds may not be used to provide 
additional assistance to a project previously assisted with HOME 
funds, during the period of affordability or after the project has 
been completed for more than a year.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: June 9, 1997.
    Reasons Waived: A waiver of 24 CFR 92.214(a)(7) was granted for 
good cause to reimburse the Lakefront SRO Development Corporation 
for the installation of fire safety enhancements.
    5. Regulation: 24 CFR 570.201(e)(1).
    Project/Activity: Delaware County, PA, requested a waiver of the 
method used for calculation of the public service cap.
    Nature of Requirement: 24 CFR 570.201(e)(1), states that the 
amount of program income to be used in calculating the 15 percent 
public service cap, is the amount of program income received in the 
preceding program year.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 3, 1997.
    Reasons Waived: The County requested a waiver because it 
received a substantial amount of program income, from a property 
sale, in its current program year as opposed to the proceeding year 
which is the year used in the public service cap calculation. The 
waiver will allow the County to use funds, available under the 
increased public service cap, for activities to provide services to 
the homeless at an emergency shelter, and to purchase equipment to 
provide training services for handicapped persons.
    6. Regulation: 24 CFR 576.21.
    Project/Activity: The State of Wisconsin, requested a waiver of 
the Emergency Shelter Grants (ESG) regulations at 24 CFR 576.21.
    Nature of Requirement; HUD's regulations at 24 CFR 576.21 state 
that recipients of ESG 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: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: April 15, 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 State 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.
    7. Regulation: 24 CFR 576.21.
    Project/Activity: Hennepin County, Minnesota, requested a waiver 
of the Emergency Shelter Grants (ESG) regulations at 24 CFR 576.21.
    Nature of Requirement; HUD's regulations at 24 CFR 576.21 state 
that recipients of ESG 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: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: May 19, 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 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.
    8. Regulation: 24 CFR 576.21.
    Project/Activity: The State of Minnesota, requested a waiver of 
the Emergency Shelter Grants (ESG) regulations at 24 CFR 576.21.
    Nature of Requirement: HUD's regulations at 24 CFR 576.21 state 
that recipients of ESG 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: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: May 23, 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 State 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 582.305(a).
    Project/Activity: The Los Angeles County Housing Authority, 
requested a waiver for one of its homeless projects to allow two 
persons to reside in a Single Room Occupancy (SRO) type unit.

[[Page 7532]]

    Nature of Requirements: 24 CFR 582.305(a) states that assistance 
will not be provided for units that fail to meet Housing Quality 
Standards (HQS) unless the owner corrects any deficiencies within 30 
days from the date of the lease agreement, and the recipient 
verifies that all deficiencies have been corrected. This section of 
the regulations also cross references the HQS standards at 24 CFR 
882.109(p)(2), which states that each SRO unit should not be 
occupied by more than one person.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: June 30, 1997.
    Reasons Waived: The waiver was granted because the Secretary 
agreed with the housing authority's position that allowing two 
persons to share a room was a crucial part of the program to help 
chronic abusers build relationships and reconnect with society, 
which ultimately furthered purposes of the Act.
    For Items 10 and 11, Waivers Granted for 24 CFR Parts 811 and 
883, Contact: James B. Mitchell, Acting Director, Special Projects 
Division, Office of Asset Management and Disposition, U.S. 
Department of Housing and Urban Development, 451 7th Street, S.W., 
Washington, D.C. 20410-7000, Telephone: (202) 708-1220. Hearing or 
speech-impaired persons may access this number via TTY by calling 
the Federal Information Relay Service at 1-800-877-8391.
    10. Regulation: 24 CFR 811.108(a)(2).
    Project/Activity: Defeasance and redemption of bonds, which 
financed a Section 8 assisted project in Campbell County, Wyoming, 
Parkside Apartments, FHA No. 109-35039.
    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: June 27, 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 1979 Bond reserves of $342,838, will permit full 
discharge of outstanding bond principal. The Board of Campbell 
County Commissioners, has requested use of $79,600, of such 
reserves, to complete construction of the County Homeless Shelter. 
HUD consents to this request.
    11. Regulation: 24 CFR 883.606(b).
    Project/Activity: Refunding of bonds, which financed Section 8 
FAF-assisted projects, for which Housing Assistance Payments 
Contracts are administered by the Oregon Housing and Community 
Services Department, which issued bonds to provide mortgage loans 
for the projects.
    Nature of Requirement: The Regulation provides that a State 
Housing Finance Agency (the ``HFA'') may not collect a contract 
administration fee and loan override for the same Section 8 project.
    Granted by: Nicolas P. Retsinas, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: June 18, 1997.
    Reasons Waived: HUD's criteria, for review and approval of FAF 
bond refundings, stated that a reduction in financing costs achieved 
by the refunding would not trigger a reduction of the dollar amount 
of HAP contract administration fees. HUD's case-by-case approvals of 
refunding proposals, in 1990 through 1993, allowed HFAs to take 
arbitrage spreads (override of up to l.5 percent above the bond 
yield), as certified by bond counsel to be permissible under the 
Internal Revenue Code, without requiring the HFAs to reduce the 
contract administration fee. The Oregon HFA received HUD approval of 
refunding proposals which included both overrides and contract 
administration fees. HUD omitted to waive 24 CFR 883.606(b) for 
these refundings, which closed in September, 1991, and June, 1992, 
and hereby corrects that oversight by issuing this waiver.
    For Item 12, Waiver Granted for Part 882, Contact: Office of the 
Deputy Assistant Secretary for Public and Assisted Housing 
Operations, Department of Housing and Urban Development, 451 Seventh 
Street, SW, Room 4226, Washington, DC 20410, Telephone, (202) 708-
1842. (This is not a toll-free number.) Hearing or speech-impaired 
persons may access this number via TTY by calling the Federal 
Information Relay Service at 1-800-877-8391.
    12. Regulation: 24 CFR 882.605(c).
    Project/Activity: Central Oregon Regional Housing Authority; 
Section 8 Rental 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: January 16, 1997.
    Reasons Waived: The waiver which authorized approval of a higher 
contract rent protected the elderly certificate holder from the 
threat of displacement and possible homelessness.
    For Items 13 Through 21, Waivers Granted for 24 CFR Part 901, 
Contact: William C. Thorson, Director, Administration and 
Maintenance Division, Office of Public and Assisted Housing 
Operations, Office of Public and Indian Housing, Department of 
Housing and Urban Development, 451 Seventh Street, S.W., Room 4214, 
Washington, DC 20410, (202) 708-4703. Hearing or speech-impaired 
persons may access this number via TTY by calling the Federal 
Information Relay Service at 1-800-877-8391.
    13. 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 of its 
fiscal year end (FYE).
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    Date Granted: February 28, 1997.
    Reasons Waived: There were concerns raised because of special 
circumstances affecting AHA's performance due to the Olympic Legacy 
Program. The waiver provided an extension until March 31, 1997.
    14. Regulation: 24 CFR 901.120(a) and (b).
    Project Activity: Oklahoma State Office--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 for Public 
and Indian Housing.
    Date Granted: April 28, 1997.
    Reasons Waived: Additional time was needed because the Oklahoma 
State Office is in the process of transferring its financial files 
to its partnership office in Denver, for data entry into the PHMAP 
module in SMIRPH. The waiver provided an additional 30 days.
    15. Regulation: 24 CFR 901.100(b).
    Project Activity: Public Housing Management Assessment Program 
(PHMAP) for Public Housing Agencies (PHAs) with Fiscal Year End 
(FYE) March 31, 1997.
    Nature of Requirement: The regulations require public housing 
agencies to submit their PHMAP certifications within 60 days after 
the end of a PHA's fiscal year.
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    Date Granted: May 1, 1997.
    Reasons Waived: Due to delays in the printing and mailing of 
these two essential and informative documents, most PHAs did not 
receive the revised PHMAP Certification Form (form HUD-50072) and 
the Guidebook on time. The memorandum provides an extension of 30 
calendar days for PHAs with FYE March 31, 1997, to submit their form 
HUD-50072 to local State/Area Office of Public Housing.
    16. Regulation: 24 CFR 901.120(a) and (b).
    Project Activity: Biloxi Housing Authority (BHA)--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: March 31, 1997.
    Reasons Waived: Due to the time necessary to complete the review 
reports for confirmatory reviews, a time extension was granted until 
April 30, 1997.
    17. Regulation: 24 CFR 901.120(a) and (b).
    Project Activity: Housing Authority of New Orleans (HANO)--
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: June 2, 1997.

[[Page 7533]]

    Reasons Waived: Due to the scheduling, the Headquarters 
Confirmatory Review (HCR) report waiver was granted to provide an 
extension of the deadline until June 30, 1997, for completing the 
PHMAP assessment, and notifying HANO of its PHMAP score for the FYE 
September 30, 1996.
    18. Regulation: 24 CFR 901.120(a) and (b).
    Project Activity: Yazoo City Housing Authority (YCHA) and 
Richton Housing Authority (RHA)--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: June 4, 1997.
    Reasons Waived: Extra time was necessary to complete the 
confirmatory reviews and subsequent reports. The waiver provided an 
extension until August 30, 1997.
    19. Regulation: 24 CFR 901.120(a) and (b).
    Project Activity: Gonzales Housing Authority (GHA) and Waelder 
Housing Authority (WHA)--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: June 26, 1997.
    Reasons Waived: The waiver of 24 CFR 901.120(a) and (b) was 
concurrently granted to the San Antonio Office, to provide for time 
extension needed for HUD processing delayed by the above waiver to 
GHA and WHA. 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. The waiver of 24 CFR 901.120(a) 
and (b) provided an additional 30 days for GHA and WHA to submit 
their PHMAP certifications.
    20. Regulation: 24 CFR 901.120(a) and (b).
    Project Activity: Gonzales Housing Authority (GHA) and Waelder 
Housing Authority (WHA)--Public Housing Management Assessment 
Program (PHMAP).
    Nature of Requirement: The regulations require public housing 
agencies to submit their PHMAP certifications within 60 days after 
the end of a PHA's fiscal year.
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    Date Granted: June 26, 1997.
    Reasons Waived: Because of the unusual circumstance of the 
Executive Director being unable to carry out her duties at both 
authorities, due to illness, the waiver provided an additional 30 
days for GHA and WHA to submit their PHMAP certifications.
    Comments: A waiver of 24 CFR 901.120(a) and (b) was concurrently 
granted to the San Antonio Office, to provide for the time extension 
needed for HUD processing that was delayed by the above waiver, to 
GHA and WHA. 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.
    21. Regulation: 24 CFR 901.130(e).
    Project Activity: Biloxi Housing Authority--Public Housing 
Management Assessment Program (PHMAP).
    Nature of Requirement: The regulations require the PHA to appeal 
by the 15th calendar day after the date the Field Office mailed the 
notification letter.
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    Date Granted: May 15, 1997.
    Reasons Waived: Due to the results of the confirmatory review 
being provided to the BHA at a closeout meeting, a 7 day extension 
was granted.
    22. Regulation: 24 CFR 901.130(f).
    Project Activity: Housing Authority of New Haven (HANH)--Public 
Housing Management Assessment Program (PHMAP).
    Nature of Requirement: The regulations require the Department to 
respond to the PHA's appeal within 30 days. An additional 30 day 
extension was granted. (See the June 2 Waiver).
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    Date Granted: April 1, 1997 and June 2, 1997.
    Reasons Waived: Due to the scheduling of the Headquarters 
Confirmatory Review (HCR) report, a waiver was granted to provide an 
extension of the deadline, until June 30, 1997, for completing the 
PHMAP assessment and notifying HANH of its PHMAP score for the FYE 
September 30, 1996.
    For Items 23 Through 35, Waivers Granted for Parts 5, 913, and 
982, Contact: Gloria J. Cousar, Deputy Assistant Secretary for 
Public Housing Real Estate Performance, Funding, and Customer 
Service, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 Seventh Street, S.W., Washington, DC 
20410, Telephone (202) 708-1380. (This is not a toll-free number). 
Hearing or speech-impaired persons may access this number via TTY by 
calling the Federal Information Relay Service at 1-800-877-8391.
    23. Regulation: 24 CFR 913.107(a).
    Project/Activity: A request was made by the Deshler Housing 
Authority (DHA), of Deshler, NE, to permit the establishment of 
ceiling rents for its entire low-rent inventory.
    Nature of Requirement: The total tenant payment charged by a 
public housing agency (PHA) is usually 30 percent of Monthly 
Adjusted Income, except that a PHA can request and HUD can authorize 
a system of maximum rents or ceiling rents for a project or a class 
of units. Ceiling rents, defined in statute to reflect fair market 
value of the units, were authorized in the Housing and Community 
Development Act of 1987 and implemented in a series of Notices, but 
have never been codified in regulations. Therefore, a PHA's use of 
ceiling rents requires waiver of the cited regulations, in which 
tenant rent is defined as a function of tenant income.
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary 
for the Office of Public and Indian Housing.
    Date Granted: April 24, 1997.
    Reasons Waived: The establishment of ceiling rents will permit 
the Deshler Housing Authority to serve greater numbers of low-income 
wage-earning applicants, and will help reduce the current vacancy 
rate.
    24. Regulation: 24 CFR 982.303(b).
    Project/Activity: Newton Housing Authority, Massachusetts; 
Section 8 Rental 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: April 4, 1997.
    Reasons Waived: The waiver which provides extra search time was 
approved to prevent hardship to a large family with five disabled 
members.
    25. 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 
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: April 7, 1997.
    Reasons Waived: The waiver was granted to provide extra search 
time to a wheelchair bound certificate holder who had to move 
because the lift, which had made his unit accessible, could not be 
satisfactorily repaired.
    26. Regulation: 24 CFR 982.303(b).
    Project/Activity: Department of Housing and Community 
Development, Massachusetts; Section 8 Rental 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: April 14, 1997.
    Reasons Waived: Approval of the waiver will help protect the 
large, intact family from becoming homeless. The additional time 
provided by this waiver will contribute to the stability of the 
family by giving them the opportunity to remain in the same 
community.
    27. Regulation: 24 CFR 982.303(b).
    Project/Activity: Klamath Housing Authority, Oregon; Section 8 
Rental 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: April 22, 1997.
    Reasons Waived: The waiver, which provides additional search 
time, was granted to give this single parent family the opportunity 
to establish a stable living

[[Page 7534]]

environment, and allow the family to obtain training and services to 
break a cycle of domestic violence and homelessness.
    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 
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: April 28, 1997.
    Reasons Waived: The certificate holder was unable to seek 
housing during nearly half of the term of her certificate because of 
an injury. Without the waiver, which grants the family additional 
search time, it is likely that the family, a single mother and three 
children, including an infant, would become homeless.
    29. Regulation: 24 CFR 982.303(b).
    Project/Activity: Housing Authority of Santa Clara County, 
California; Section 8 Rental 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: May 5, 1997.
    Reasons Waived: Approval of the waiver, which provides 
additional search time, will prevent hardship to a certificate 
holder who suffers from cerebral palsy. His housing search has been 
slowed by a number of serious obstacles, including lack of 
transportation and the difficulty of finding an eligible unit that 
meets his special requirements, in an extremely tight housing 
market.
    30. Regulation: 24 CFR 982.303(b).
    Project/Activity: Housing Authority of Santa Clara County, 
California; 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: May 27, 1997.
    Reasons Waived: The waiver provides additional housing search 
time to a disabled certificate holder, whose ability to seek housing 
in an extremely tight housing market was severely restricted by her 
illness and by lack of adequate transportation.
    31. Regulation: 24 CFR 982.303(b).
    Project/Activity: Benicia Housing Authority, California; Section 
8 Rental Voucher Program.
    Nature of Requirement: The requirement provides for 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: May 30, 1997.
    Reasons Waived: The waiver provides extra search time for a 
disabled voucher holder whose medical condition has made it 
extremely difficult to find a suitable unit.
    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: May 30, 1997.
    Reasons Waived: The waiver provides extra search time for a 
disabled certificate holder who was hospitalized during the time her 
certificate was in effect.
    33. Regulation: 24 CFR 982.303(b).
    Project/Activity: Vermont State Housing Authority; 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: June 18, 1997.
    Reasons Waived: Approval of the waiver allowed extra search time 
for a certificate holder with multiple disabilities, whose housing 
search was hampered by illness and severe winter weather during the 
time his certificate was in effect.
    34. Regulation: 24 CFR 982.303(b).
    Project/Activity: Montgomery County Housing Authority, 
Pennsylvania; 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: June 19, 1997.
    Reasons Waived: Approval of the waiver allows extra search time 
for a severely disabled certificate holder, who suffers from 
Multiple Sclerosis and complex environmental allergies. Her 
disabilities have made it difficult to seek housing and also greatly 
reduce the number of units suitable for her occupancy.
    35. Regulation: 24 CFR 982.605(c).
    Project/Activity: Central Oregon Regional Housing Authority; 
Section 8 Rental Certificate Program.
    Nature of Requirement: The regulation caps the amount of the 
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: May 8, 1997.
    Reasons Waived: The waiver which permits approval of a higher 
contract rent for the rental of the manufactured home pad will 
prevent displacement of a disabled couple from their manufactured 
home.
    For Items 36 Through 38, Waivers Granted for Part 990, Contact: 
Joan DeWitt, Director, Finance and Budget Division, Office of Public 
and Assisted Housing Operations, Office of Public and Indian 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street, S.W., Room 4210, Washington, D.C. 20410. Telephone (202) 
708-1872. Hearing or speech-impaired persons may access this number 
via TTY by calling the Federal Information Relay Service at 1-800-
877-8391.
    36. Regulation: 24 CFR 990.107(b)(1) and 990.110(c)(2)(ii).
    Project/Activity: Cambridge, MA Housing Authority. A request was 
made for a waiver of the PFS with regard to the execution of an 
energy performance contract.
    Nature of Requirement: The regulation requires 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: May 6, 1997.
    Reasons 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 CHA to enter into an energy 
performance contract, by allowing the use of a ``floor rate'', in 
the event that there are not sufficient 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.
    37. Regulation: 24 CFR 990.107(b)(1), 990.107(c), and 
990.107(c)(2)(ii).
    Project/Activity: Burlington, VT, Housing Authority (BHA). A 
request was made for two waivers of the PFS with regard to the 
execution of an energy performance contract between the BHA and the 
Vermont Energy Investment Corp.
    Nature of Requirement: The regulation requires that current 
utility rates be used in calculation of savings under an energy 
performance contract. The regulation also requires that the 
Allowable Utilities Consumption Level be based on actual consumption 
during the rolling base period.
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    Date Granted: May 13, 1997.
    Reasons Waived: The PFS provides incentives for housing agencies 
to leverage private financing for the installation of energy 
conversation measures, under the energy performance contracting 
program. The first waiver will assist the BHA to enter into an 
energy performance contract by allowing the use of a ``floor rate'' 
in the event that there are not sufficient 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.
    The BHA was also granted a waiver to permit an adjustment to its 
Allowable Utilities Consumption Level (AUCL) for purposes of the 
energy performance contract

[[Page 7535]]

to take into account increased lighting necessary to bring the 
building involved in the contract into compliance with current 
national codes and standards.
    38. Regulation: 24 CFR 990.109.
    Project Activity: Chicago Housing Authority (CHA)--Public 
Housing Management Assessment Program (PHMAP).
    Nature of Requirement: PFS regulations regarding the computation 
of dwelling rental income.
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary 
for Public and Indian Housing.
    Date Granted: June 19, 1997.
    Reasons Waived: CHA needed relief to enter into an energy 
performance contract.

[FR Doc. 98-3682 Filed 2-12-98; 8:45 am]
BILLING CODE 4210-32-P