[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Notices]
[Page 11906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6191]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4345-D-03]


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.

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SUMMARY: In this notice, the Assistant Secretary for Fair Housing and 
Equal Opportunity redelegates to the General Deputy Assistant Secretary 
for FHEO and to FHEO HUB Directors in the field the authority to waive 
directives and handbook provisions pertaining to fair housing and equal 
opportunity in Department programs.

EFFECTIVE DATE: February 26, 1998.

FOR FURTHER INFORMATION CONTACT: Dianne Taylor, Office of FHEO, 
Department of Housing and Urban Development, Room 5100, 451 7th Street, 
SW, Washington, DC 20410, telephone numbers (202) 708-4252, ext. 140. 
(This is not a toll-free number.) This number may be accessed via TTY 
by calling the Federal Information Relay Service at 1-800-877-8339.

SUPPLEMENTARY INFORMATION: The purpose of this redelegation is to 
provide the General Deputy Assistant Secretary for FHEO and FHEO HUB 
Directors in the field the authority to waive directives, including 
handbook provisions, pertaining to fair housing and equal opportunity 
in Department programs, in the geographic area for which the official 
is responsible. 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 Directive 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.
    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 
retains and redelegates, to the General Deputy Assistant Secretary for 
FHEO and to each FHEO HUB Director in the field, the authority to waive 
Department directives, including handbook provisions, concerning fair 
housing and equal opportunity in Department programs, for the 
geographic area for which the official is responsible. 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.

    Authority: Sec. 7(d) of the Department of Housing and Urban 
Development (42 U.S.C. 3535(d)).

    Dated: February 26, 1998.
Eva M. Plaza,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 98-6191 Filed 3-10-98; 8:45 am]
BILLING CODE 4210-18-M