[Federal Register Volume 63, Number 64 (Friday, April 3, 1998)]
[Notices]
[Pages 16658-16663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-8683]



[[Page 16657]]

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Part III





Department of Housing and Urban Development





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Notice of Regulatory Waiver Requests Granted; Notice

  Federal Register / Vol. 63, No. 64 / Friday, April 3, 1998 / 
Notices  

[[Page 16658]]



DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4250-N-03]


Notice of Regulatory Waiver Requests Granted

AGENCY: Office of the Secretary, HUD.

ACTION: Public notice of the granting of regulatory waivers from July 
1, 1997 through September 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-
seventh 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 Reform Act), the Congress adopted, at HUD's 
request, legislation to limit and control the granting of regulatory 
waivers by HUD. Section 106 of the Reform Act added a new section 7(q) 
to the Department of Housing and Urban Development Act (2 U.S.C. 
3535(q)), which 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 of the Reform Act also contains requirements applicable 
to waivers of HUD handbook provisions that are not relevant to the 
purpose of this notice.
    Today's document follows publication of HUD's Statement of Policy 
on Waiver of Regulations and Directives issued by HUD on April 22, 1991 
(56 FR 16337). This is the twenty-seventh notice of its kind to be 
published under section 106 of the Reform Act. This notice updates 
HUD's waiver-grant activity from July 1, 1997 through September 30, 
1997.
    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 occurred between October 1, 1997 through December 
31, 1997.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.

    Dated: March 23, 1998.
Andrew Cuomo,
Secretary.

Appendix--Listing of Waivers of Regulatory Requirements Granted by 
Officers of the Department of Housing and Urban Development July 1, 
1997 Through September 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 Items 1 Through 3, Waivers Granted for 24 CFR Part 5 Contact

    Gloria Cousar, Deputy Assistant Secretary, Office of Public and 
Assisted Housing Delivery, U.S. Department of Housing and Urban 
Development, 451 7th Street, SW, Room 4126, Washington, DC 20410; 
Telephone: (202) 619-8201 (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.

1. Regulation: 24 CFR 5.613

    Project/Activity: A request was made by the Aiken Housing 
Authority (AHA), of Aiken, SC, to permit the establishment of 
ceiling rents for its entire low-rent inventory.
    Nature of Requirement: The total tenant payment a public housing 
agency (PHA) must charge shall be the highest of the following, 
rounded to the nearest dollar: (1) 30 percent of Monthly Adjusted 
Income; (2) 10 percent of monthly income; (3) if the family receives 
Welfare assistance from a public agency and a part of such payments 
is specifically designated by such agency to meet the family's 
housing costs, the monthly portion of such payments which is so 
designated; or (4) the minimum rent set by the PHA.
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    Date Granted: July 21, 1997.
    Reason Waived: The establishment of ceiling rents will permit 
the AHA to maintain more wage-earning, low-income applicants, and 
will help improve the AHA's current vacancy ratio.

2. Regulation: 24 CFR 5.613

    Project/Activity: A request was made by the Clearwater Housing 
(CHA), Authority, of Clearwater, Florida, to permit the 
establishment of ceiling rents for its entire low-rent inventory.
    Nature of Requirement: The total tenant payment a public housing 
agency (PHA) must charge shall be the highest of the following, 
rounded to the nearest dollar: (1) 30 percent of Monthly Adjusted 
Income; (2) 10 percent of Monthly Income; (3) if the family receives 
Welfare assistance from a public agency and a part of such payments 
is specifically designated by such agency to meet the family's 
housing costs, the monthly portion of such payments which is so 
designated; or (4) the minimum rent set by the PHA.

[[Page 16659]]

    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    Date Granted: September 15, 1997.
    Reason Waived: The establishment of ceiling rents will permit 
the CHA to reduce unit turnover by retention of families who might 
otherwise seek housing on the private market; assist residents in 
their transition from welfare to work; and will help to improve the 
AHA's current vacancy ratio.

3. Regulation: 24 CFR 5.613

    Project/Activity: Arlington Housing Authority, Massachusetts; 
Section 8 Rental Certificate Program.
    Nature of Requirement: The regulation provides that the Total 
Tenant Payment for 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, 
Office of Public and Indian Housing.
    Date Granted: September 29, 1997.
    Reason Waived: Approval of the waiver permitted the elderly 
Section 8 program participant to pay more than 30 percent of her 
income so that she did not have to move from the unit where she had 
lived for many years.
    For Items 4 Through 26, Waivers Granted for 24 CFR Parts 91, 92, 
570, 574 and 576 Contact: Debbie Ann Wills, Field Management 
Officer, U.S. Department of Housing and Urban Development, Office of 
Community Planning and Development, 451 7th Street, SW, Room 7152, 
Washington, DC 20410; 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. (With the exception of the ``800'' number, these are not toll-
free telephone numbers.)

4. Regulation: 24 CFR 91.115(c)(2)

    Project/Activity: The State of Texas requested a waiver of HUD's 
Consolidated Plan regulations (24 CFR part 91) to allow the State to 
grant the city of Jarrel CDBG funds to rebuild roads, and water and 
septic systems that were damaged by a tornado.
    Nature of Requirement: HUD's regulation at 24 CFR 91.115(c)(2) 
requires that a State give the public 30 days to comment on any 
changes the State intends to make to its one year action plan for 
funds granted under the Consolidated Plan.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: July, 3 1997.
    Reasons Waived: In order to permit the State to quickly provide 
funds to the City, the Assistant Secretary permitted the State to 
amend its action plan with only a 7 days public comment period, 
rather than the 30 days that is required by the regulation.

5. Regulation: 24 CFR 91.402

    Project/Activity: The City of Overland Park, Kansas requested a 
waiver of HUD's Consolidated Plan regulations at 24 CFR 91.402 to 
allow the City, which is a member of the Johnson County Kansas 
Consortium, until Fiscal Year 2000 to complete its transition of 
aligning the start of its program year with the Consortium.
    Nature of Requirement: The regulations at 24 CFR 91.402 state 
that all units of local government that are members of the 
Consortium must be on the same program year for the CDBG program, 
the HOME program, the Emergency Shelter Grants (ESG) program, and 
the Housing Opportunities for Persons with AIDS (HOPWA) program.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development & Development.
    Date Granted: July 15, 1997.
    Reasons Waived: The Assistant Secretary allowed the transition 
period to allow the City sufficient time to identify local needs and 
resources, so that the City's Federal resources could be targeted to 
the highest priority needs.

6. Regulation: 24 CFR 91.402(a) and (b)

    Project/Activity: The DuPage County, Illinois Consortium 
requested a waiver of the Consolidated Plan regulations (24 CFR part 
91) to allow the City of Aurora to maintain a program year that is 
separate from the program year of the other consortium members.
    Nature of Requirement: HUD's Consolidated Plan regulations at 24 
CFR 91.402(a) and (b) require that units of local government that 
are members of a consortium have the same program year for the CDBG 
program, the HOME program, the Emergency Shelter Grants (ESG) 
program, and the Housing Opportunities for Persons with AIDS (HOPWA) 
program.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Dated Granted: September 30, 1997.
    Reasons Waived: The Assistant Secretary determined that 
compliance with the requirement would constitute a hardship on the 
City of Aurora. Accordingly, the waiver was granted.

7. Regulation: 24 CFR 91.520(a)

    Project/Activity: Baltimore, Maryland requested an extension of 
the deadline to submit its Consolidated Annual CDBG Performance and 
Evaluation (CAPER) report to HUD.
    Nature of Requirement: HUD's Consolidated Plan regulations at 24 
CFR 91.520(a) require that each grant recipient submit a performance 
report to HUD within 90 days after the close of the grantee's 
program year.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Dated Granted: September 11, 1997.
    Reasons Waived: The Assistant Secretary determined that failure 
to grant the requested waiver would prevent the City from submitting 
a complete and accurate performance report on its 1996 program year.

8. Regulation: 24 CFR 91.520(a)

    Project/Activity: Kern County, California requested an extension 
of the deadline to submit its Consolidated Annual CDBG Performance 
and Evaluation (CAPER) report to HUD.
    Nature of Requirement: HUD's Consolidated Plan regulations at 24 
CFR 91.520(a) of the consolidated plan regulations require that each 
grant recipient submit a performance report to HUD within 90 days 
after the close of the grantee's program year.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Dated Granted: September 17, 1997.
    Reasons Waived: The Assistant Secretary determined that failure 
to grant the requested waiver would prevent the County from 
submitting a complete and accurate performance report on its 1996 
program year.

9. Regulation: 24 CFR 91.520(a).

    Project/Activity: The City of Dubuque, Iowa requested an 
extension of the deadline to submit its Consolidated Annual CDBG 
Performance and Evaluation (CAPER) report to HUD.
    Nature of Requirement: HUD's Consolidated Plan regulations at 24 
CFR 91.520(a) require that each grant recipient submit a performance 
report to HUD within 90 days after the close of the grantee's 
program year.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Dated Granted: September 24, 1997.
    Reasons Waived: The Assistant Secretary determined that failure 
to grant the requested waiver would prevent the City from submitting 
a complete and accurate performance report on its 1996 program.

10. Regulation: 24 CFR 91.520(a).

    Project/Activity: The City of Santa Maria, California requested 
an extension of the deadline to submit its Consolidated Annual CDBG 
Performance and Evaluation (CAPER) report to HUD.
    Nature of Requirement: HUD's Consolidated Plan regulations at 24 
CFR 91.520(a) require that each grant recipient submit a performance 
report to HUD within 90 days after the close of the grantee's 
program year.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Dated Granted: September 29, 1997.
    Reasons Waived: The Assistant Secretary determined that failure 
to grant the requested waiver would prevent the City from submitting 
a complete and accurate performance report on its 1996 program year.

11. Regulation: 24 CFR 91.520(a).

    Project/Activity: The City of Pasadena, California requested an 
extension of the deadline to submit its Consolidated Annual CDBG 
Performance and Evaluation (CAPER) report to HUD.
    Nature of Requirement: HUD's Consolidated Plan regulations at 24 
CFR 91.520(a) of the consolidated plan regulations require that each 
grant recipient submit a performance report to HUD within 90 days 
after the close of the grantee's program year.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.

[[Page 16660]]

    Date Granted: September 29, 1997.
    Reasons Waived: The Assistant Secretary determined that failure 
to grant the requested waiver would prevent the City from submitting 
a complete and accurate performance report on its 1996 program year.

12. Regulation: 24 CFR 91.520(a)

    Project/Activity: The City of Lompac, California requested an 
extension of the deadline to submit its Consolidated Annual CDBG 
Performance and Evaluation (CAPER) report to HUD.
    Nature of Requirement: HUD's Consolidated Plan regulations at 24 
CFR 91.520(a) require that each grant recipient submit a performance 
report to HUD within 90 days after the close of the grantee's 
program year.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Dated Granted: September 29, 1997.
    Reasons Waived: The Assistant Secretary determined that failure 
to grant the requested waiver would prevent the City from submitting 
a complete and accurate performance report on its 1996 program year.

13. Regulation: 24 CFR 91.520(a)

    Project/Activity: The City of Pomona, California requested an 
extension of the deadline to submit its Consolidated Annual CDBG 
Performance and Evaluation (CAPER) report to HUD.
    Nature of Requirement: HUD's Consolidated Plan regulations at 24 
CFR 91.520(a) require that each grant recipient submit a performance 
report to HUD within 90 days after the close of the grantee's 
program year.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 29, 1997.
    Reasons Waived: The Assistant Secretary determined that failure 
to grant the requested waiver would prevent the City from submitting 
a complete and accurate performance report on its 1996 program year.

14. Regulation: 24 CFR 91.520(a)

    Project/Activity: The City of Gardenia, California requested an 
extension of the deadline to submit its Consolidated Annual CDBG 
Performance and Evaluation (CAPER) report to HUD.
    Nature of Requirement: HUD's Consolidated Plan regulations at 24 
CFR 91.520(a) require that each grant recipient submit a performance 
report to HUD within 90 days after the close of the grantee's 
program year.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 29, 1997.
    Reasons Waived: The Assistant Secretary determined that failure 
to grant the requested waiver would prevent the City from submitting 
a complete and accurate performance report on its 1996 program year.

15. Regulation: 24 CFR 91.520(a)

    Project/Activity: Tarrant County, Texas requested an extension 
of the deadline to submit its Consolidated Annual CDBG Performance 
and Evaluation (CAPER) report to HUD.
    Nature of Requirement: HUD's Consolidated Plan regulation at 24 
CFR 91.520(a) requires that each grant recipient submit a 
performance report to HUD within 90 days after the close of the 
grantee's program year.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 30, 1997.
    Reasons Waived: The Assistant Secretary determined that failure 
to grant the requested waiver would prevent the County from 
submitting a complete and accurate performance report on its 1996 
program year.

16. Regulation: 24 CFR 91.520(a)

    Project/Activity: The City of Memphis, Tennessee requested an 
extension of the deadline to submit its Consolidated Annual CDBG 
Performance and Evaluation (CAPER) report to HUD.
    Nature of Requirement: HUD's Consolidated Plan regulations at 24 
CFR 91.520(a) require that each grant recipient submit a performance 
report to HUD within 90 days after the close of the grantee's 
program year.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 30, 1997.
    Reasons Waived: The Assistant Secretary determined that failure 
to grant the requested waiver would prevent the City from submitting 
a complete and accurate performance report on its 1996 program year.

17. Regulation: 24 CFR 91.520(a)

    Project/Activity: Sioux City, Iowa requested an extension of the 
deadline to submit its Consolidated Annual CDBG Performance and 
Evaluation (CAPER) report to HUD.
    Nature of Requirement: HUD's Consolidated Plan regulation at 24 
CFR 91.520(a) require that each grant recipient submit a performance 
report to HUD within 90 days after the close of the grantee's 
program year.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: September 30, 1997.
    Reasons Waived: The Assistant Secretary determined that failure 
to grant the requested waiver would prevent the City from submitting 
a complete and accurate performance report on its 1996 program year.

18. Regulation: 24 CFR 92.251

    Project/Activity: Lake County, Indiana requested a waiver to 
permit a rehabilitation project that used HOME funds to be 
discontinued without completing all required rehabilitation work.
    Nature of Requirement: HUD's regulation at 24 CFR 92.251 
provides that housing assisted with HOME funds meet, at a minimum, 
HUD housing quality standards (HQS), and provides other minimum 
standards for substantial rehabilitation and new construction.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: July 7, 1997.
    Reasons Waived: The waiver was granted because of the unusual 
circumstances associated with the rehabilitation which forced the 
project to be cancelled (the property owner was abducted and 
murdered by an employee of the electrical contractor.)

19. Regulation: 24 CFR 570.200(a)(3)

    Project/Activity: Grand Forks, North Dakota requested a waiver 
of the requirement that at least 70 of CDBG funds be used for 
activities which benefit low- and moderate income persons, to 
facilitate disaster relief efforts.
    Nature of Requirement: The CDBG program regulations at 24 CFR 
570.200(a)(3) implement the statutory requirement that 70 percent of 
program funds principally benefit low and moderate income persons.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: August 14, 1997.
    Reasons Waived: Sections 208 and 234 of the Multifamily Property 
Disposition Reform Act of 1994 authorize HUD to suspend certain 
statutory and regulatory provisions that would otherwise apply to 
the use of CDBG and HOME funds in order to address the damage in an 
area that the President has declared a disaster under Title IV of 
the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

20. Regulation: 24 CFR 570.201(c) and 24 CFR 570.703

    Project/Activity: Fairfax County, Virginia requested a waiver of 
the Community Development Block Grant (CDBG) program regulations (24 
CFR part 570) to allow the County to use $100,000 in Section 108 
Loan Guarantee funds to reconstruct streets on land under private 
ownership.
    Nature of Requirement: The CDBG regulations at 24 CFR 570.201(c) 
state that public facilities and improvements funded with CDBG funds 
must be owned by either a public entity, a public or private non-
profit entity or by a subrecipient. The regulation at 24 CFR 570.703 
lists eligible activities for Section 108 Loan Guarantee funds.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: August 8, 1997.
    Reasons Waived: The regulation was waived because the community 
was willing to commit to obtain legally binding evidence that the 
streets in question would be operated so as to be used by the public 
during all normal hours of operation.

21. Regulation: 24 CFR 574.310(d)

    Project/Activity: The State of Illinois requested a waiver of 
HUD's regulations governing the Housing Opportunities for Persons 
with AIDS (HOPWA) program. Specifically, the State sought the 
authority to offer tenant-based rental assistance to HOPWA eligible 
individuals and families in conformance with its existing tenant 
based rental assistance program. The State program pays $100 per 
month to each eligible

[[Page 16661]]

household, rather than require the tenant to pay rent based on the 
tenant's income.
    Nature of Requirement: HUD's regulation at 24 CFR 574.310(d) 
requires that tenant-based rental assistance be calculated at a rate 
where tenants pay no more than 30 percent of the family's monthly 
adjusted income for rent.
    Granted By: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development.
    Date Granted: July 15, 1997.
    Reasons Waived: The Assistant Secretary granted this waiver for 
a one-year demonstration to determine if this approach more 
adequately provides for client needs.

22. Regulation: 24 CFR 574.320(a)(2)

    Project/Activity: The City of Philadelphia, Pennsylvania 
requested a waiver to increase the Fair Market Rent (FMR) in its 
Housing for Persons with AIDS (HOPWA) program rental assistance 
program.
    Nature of Requirement: HUD's regulation at 24 CFR 574.320(a)(2) 
provides that occupants of rental housing assisted with HOPWA funds 
cannot be charged rents that exceed the current Section 8 FMR.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning & Development.
    Date Granted: September 8, 1997.
    Reasons Waived: The waiver was granted because the City 
documented that the rents presently charged and received for 
efficiency and one bedroom units in Bucks County, Pennsylvania, 
where the project is located, were significantly higher than the 
published FMRs.

23. Regulation: 24 CFR 576.21

    Project/Activity: The City and County of Honolulu requested a 
waiver of the Emergency Shelter Grants (ESG) regulations at 24 CFR 
576.21.
    Nature of Requirement: HUD's regulation at 24 CFR 576.21 state 
that recipients of ESG grant 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: July 11, 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 City and County provided a letter that demonstrated 
that other categories of ESG activities, such as rehabilitation and 
conversion activities, will be carried out locally with other 
resources. Accordingly, HUD determined that the waiver was 
appropriate.

24. Regulation: 24 CFR 576.21

    Project/Activity: The State of Massachusetts 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: September 11, 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 determine that the waiver was 
appropriate.

25. Regulation: 24 CFR 576.21

    Project/Activity: The City of Lancaster, Pennsylvania requested 
a waiver of the Emergency Shelter Grants (ESG) regulation 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: September 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 City 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.

26. Regulation: 24 CFR 576.35(a)(1)

    Project/Activity: The State of Alabama requested a waiver of the 
Emergency Shelter Grants (ESG) program regulations (24 CFR part 576) 
to extend the time period that the State could make funds available 
to its ESG recipients.
    Nature of Requirement: The HUD regulation at 24 CFR 576.35(a)(1) 
require that State governments make available to their recipients 
all ESG funds within 65 days of the grant award.
    Granted by: Jacquie Lawing, Acting Assistant Secretary for 
Community Planning and Development and Development.
    Date Granted: September 11, 1997.
    Reasons Waived: The Assistant Secretary granted the waiver to 
allow the State time to monitor a community which received ESG funds 
and then granted those funds to a subrecipient under indictment.
    For Items 27 and 28, Waivers Granted for 24 CFR Part 761 
Contact: Gloria Cousar, Deputy Assistant Secretary, Office of Public 
and Assisted Housing Delivery, U.S. Department of Housing and Urban 
Development, 451 7th Street, SW, Room 4126, Washington, DC 20410; 
Telephone: (202) 619-8201 (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.

27. Regulation: 24 CFR 761.30(b)

    Project/Activity: A request was made by the All Mission Indian 
Housing Authority (AMIHA) to allow them to extend the term of their 
1990 Public and Indian Housing Drug Elimination Program grant and 
reprogram the unexpended funds to implement additional drug 
prevention activities for youth and adult residents.
    Nature of Requirement: The regulations state that the terms of 
the grant agreement may not exceed 24 months for the Public and 
Indian Housing Drug Elimination Grant Program (PIHDEP) and that only 
one, 6-month extension is allowed. If the grant funds are not 
expended at the end of the grant term, funds must be remitted to 
HUD.
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    Date Granted: July 16, 1996.
    Reason Waived: Based on the comprehensive strategy submitted by 
the Executive Director of AMIHA and the memorandum of endorsement 
from the Southwest Office of Native American Programs, there was 
just cause for the AMIHA to reprogram the unexpended funds to 
implement additional drug prevention, crime-related activities.

28. Regulation: 24 CFR 761.30(b)

    Project/Activity: A request was made by the Bristol Bay Housing 
Authority in Alaska to allow a six-month extension of their Fiscal 
Year (FY) 1995 Public and Indian Housing Drug Elimination Program 
grant and reprogram the unexpended funds to implement additional 
drug prevention activities.
    Nature of Requirement: The regulations state that the terms of 
the grant agreement may not exceed 24 months for the Public and 
Indian Housing Drug Elimination Grant Program and that only one 6-
month extension is allowed. If the grant funds are not expended at 
the end of the grant term, funds must be remitted to HUD.
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    Date Granted: July 21, 1997.
    Reason Waived: Due to the seasonal activities in the Alaskan 
region related to

[[Page 16662]]

subsistence and commercial fishing and submission of a comprehensive 
work plan that was consistent with their FY 1995 drug prevention 
activities for the residents of the Bristol Bay communities, an 
extension was granted.
    For Item 29, Waiver Granted for 24 CFR Part 901 Contact: William 
C. Thorson, Director, Administrative and Maintenance Division, 
Office of Public and Indian Housing, U.S. Department of Housing and 
Urban Development and Development, 451 7th Street, SW, Room 4124, 
Washington, DC 20410; Telephone: (202) 708-4703 (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.

29. Regulation: 24 CFR 901.120(a) and (b)

    Project Activity: Pittsburgh Area Office--Public Housing 
Management Assessment Program (PHMAP).
    Nature of Requirement: The regulation requires HUD Field Offices 
to assess and notify each Public Housing Agency (PHA) of its PHMAP 
score within 180 days after beginning of a PHA's fiscal year.
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    Date Granted: July 3, 1997.
    Reason Waived: Due to scheduling necessities, the on-site 
confirmatory review of the ACHA could not be conducted until the 
week of April 7, 1997. The waiver was granted to provide a further 
60 day extension of the regulatory guideline for completing the 
PHMAP assessment and notifying the ACHA of its PHMAP scores for its 
FY September 30, 1996 until July 31, 1997. The initial waiver for a 
60 day extension was granted on April 14, 1997.
    For Item 30, Waiver Granted for 24 CFR Part 950 Contact: 
Jacqueline Johnson, Deputy Assistant Secretary for Native American 
Programs, U.S. Department of Housing and Urban Development and 
Development, 451 7th Street, SW, Room 4100, Washington, DC 20410; 
Telephone: (202) 708-0950 (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.

30. Regulation: 24 CFR 950.650(b)(3)

    Project/Activity: A request was made by the National Office of 
Native American Programs to permit Comprehensive Grant Program (CGP) 
formula funds for Fiscal Year 1997 to be used to fund three 
successful FY 1997 CGP appeals from Indian Housing Authorities 
(IHA). Since the Native American Housing Assistance and Self-
Determination Act of 1996 was effective on October 1, 1997, IHAs are 
not eligible for the FY 1998 appropriation that is used to fund 
appeals.
    Nature of Requirement: An IHA may appeal HUD's determination of 
its CGP formula amount on the basis of an error. Any adjustment 
resulting from successful appeals in a particular fiscal year shall 
be made from subsequent years' allocations of funds under 24 CFR 
part 950.
    Granted by: Kevin Emanuel Marchman, Acting Assistant Secretary, 
Office of Public and Indian Housing.
    Date Granted: September 12, 1997.
    Reason Waived: The waiver of this regulatory provision will 
allow ONAP to process the successful CGP appeals for the following 
IHAs: Yankton Sioux ($103,444), Mississippi Choctaw ($87,391), and 
Laguna ($3,605).
    For Items 31 Through 46, Waivers Granted for 24 CFR Parts 882 
and 982 Contact: Gloria Cousar, Deputy Assistant Secretary, Office 
of Public and Assisted Housing Delivery, U.S. Department of Housing 
and Urban Development, 451 7th Street, SW, Room 4126, Washington, DC 
20410; Telephone: (202) 619-8201 (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.

31. Regulation: 24 CFR 882.605(c)

    Project/Activity: Housing Authority of Yamhill County, Oregon; 
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, 
Office of Public and Indian Housing.
    Date Granted: July 21, 1997.
    Reason Waived: The waiver protected an elderly couple, whose 
manufactured home had been modified to accommodate the wife's 
mobility impairment, from the threat of displacement and possible 
homelessness by enabling them to remain in their home.

32. 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 
rental 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, 
Office of Public and Indian Housing.
    Date Granted: July 2, 1997.
    Reason Waived: Approval of the waiver prevented hardship to the 
disabled certificate holder who faced additional problems in 
locating a unit due to a back injury.

33. Regulation: 24 CFR 982.303(b)

    Project/Activity: Santa Clara County Housing Authority, 
California; Section 8 Rental Certificate Program.
    Nature of Requirement: The regulation provides for a maximum 
voucher 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, 
Office of Public and Indian Housing.
    Date Granted: July 8, 1997.
    Reason Waived: Approval of the waiver prevented hardship to an 
elderly certificate holder whose poor health and mobility problems 
prevented him from finding a suitable unit in an extremely tight 
housing market.

34. 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 
rental 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, 
Office of Public and Indian Housing.
    Date Granted: July 10, 1997.
    Reason Waived: Approval of the waiver prevented hardship to an 
elderly certificate holder who suffered a severe stroke during the 
time his certificate was in effect. The waiver provided the 
certificate holder with an opportunity to find housing in his 
community which has services to allow frail elderly persons to 
continue to live independently.

35. 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 
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, 
Office of Public and Indian Housing.
    Date Granted: July 10, 1997.
    Reason Granted: Approval of the waiver prevented hardship to the 
certificate holder who was hospitalized and had surgery on two 
occasions while her certificate was in effect.

36. Regulation: 24 CFR 982.303(b)

    Project/Activity: Minneapolis Housing Authority, Minnesota; 
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, 
Office of Public and Indian Housing.
    Date Granted: August 1, 1997.
    Reason Waived: Approval of the waiver prevented further hardship 
to a homeless disabled certificate holder whose illness prevented 
her from seeking housing during the time her certificate was in 
effect.

37. 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 
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, 
Office of Public and Indian Housing.
    Date Granted: August 7, 1997.

[[Page 16663]]

    Reason Waived: Approval of the waiver prevented hardship to the 
family which includes a disabled child. The family had difficulty 
locating a wheelchair-accessible unit with a bedroom of sufficient 
size to accommodate the medical equipment required for the child's 
care.

38. 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, 
Office of Public and Indian Housing.
    Date Granted: August 8, 1997.
    Reason Waived: Approval of the waiver protected the single 
parent and her three children from homelessness.

39. 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 
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, 
Office of Public and Indian Housing.
    Date Granted: August 11, 1997.
    Reason Waived: Approval of the waiver prevented hardship to the 
certificate holder who faced multiple medical problems during the 
time her certificate was in effect, including two surgeries.

40. 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 
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, 
Office of Public and Indian Housing.
    Date Granted: September 2, 1997.
    Reason Waived: Approval of the waiver prevented hardship to the 
certificate holder whose medical condition and need for an 
accessible unit contributed to her inability to locate suitable 
housing.

41. Regulation: 24 CFR 982.303(b)

    Project/Activity: Housing Authority of Boston, Massachusetts; 
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, 
Office of Public and Indian Housing.
    Date Granted: September 2, 1997.
    Reason Waived: Approval of the waiver prevented hardship to the 
certificate holder whose medical condition had to be stabilized 
before she could seek housing.

42. 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 
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, 
Office of Public and Indian Housing.
    Date Granted: September 2, 1997.
    Reason Waived: Approval of the waiver prevented hardship to the 
disabled certificate holder whose medical condition made it 
difficult for her to locate an accessible unit.

43. 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, 
Office of Public and Indian Housing.
    Date Granted: September 2, 1997.
    Reason Waived: Approval of the waiver prevented hardship to the 
disabled certificate holder who was incapacitated by illness during 
the time her certificate was in effect.

44. Regulation: 24 CFR 982.303(b)

    Project/Activity: Housing Authority of the County of Santa 
Clara, California; Section 8 Rental Voucher Program.
    Nature of Requirement: The regulation provides for a maximum 
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, 
Office of Public and Indian Housing.
    Date Granted: September 2, 1997.
    Reason Waived: Approval of the waiver prevented hardship to the 
disabled voucher holder who was unable to seek housing while her 
voucher was in effect due to complications from congestive heart 
failure.

45. 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 
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, 
Office of Public and Indian Housing.
    Date Granted: September 5, 1997.
    Reason Waived: Approval of the waiver prevented hardship to the 
disabled certificate holder who was hospitalized during the time her 
certificate was in effect.

46. 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 
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, 
Office of Public and Indian Housing.
    Date Granted: September 29, 1997.
    Reason Waived: Approval of the waiver prevented hardship to the 
disabled certificate holder who could not seek housing during the 
time her certificate was in effect because she was recuperating from 
surgery.

[FR Doc. 98-8683 Filed 4-2-98; 8:45 am]
BILLING CODE 4210-32-P