[Federal Register Volume 67, Number 26 (Thursday, February 7, 2002)]
[Notices]
[Pages 5845-5846]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2886]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4732-C-02]


Statutory and Regulatory Waivers Granted to New York State for 
Recovery from the September 11, 2001 Terrorist Attacks: Technical 
Correction

AGENCY: Office of Community Planning and Development, HUD.

ACTION: Notice; correction.

-----------------------------------------------------------------------

SUMMARY: On January 28, 2002, HUD published a notice that advised the 
public of waivers of regulations and statutory provisions granted to 
the State of New York for the purpose of assisting in the recovery from 
the September 11, 2001, terrorist attacks on New York City, in 
accordance with statutory authorization to grant such waivers. This 
notice advises that two of the items listed in the January 28, 2002 
publication (items 10 and 11) were incorrectly described as waivers or 
only waivers. The items, as further discussed in the Supplementary 
Information section of this notice, should have been described as a 
``waiver and alternative requirement,'' and ``alternative 
requirement,'' respectively. The effective date of the waivers is 
February 2, 2002.

FOR FURTHER INFORMATION CONTACT: Jan C. Opper, Senior Program Officer, 
Office of Block Grant Assistance, Department of Housing and Urban 
Development, Room 7286, 451 Seventh Street, SW, Washington, DC 20410, 
telephone number (202) 708-3587. Persons with hearing or speech 
impairments may access this number via TTY by calling the Federal 
Information Relay Service at (800) 877-8339. FAX inquiries may be sent 
to Mr. Opper at (202) 401-2044. (Except for the ``800'' number, these 
telephone numbers are not toll-free.)

SUPPLEMENTARY INFORMATION: On January 28, 2002 (67 FR 4164), HUD 
published a notice that advised the public of waivers of regulations 
and statutory provisions granted to the State of New York for the 
purpose of assisting in the recovery from the September 11, 2001, 
terrorist attacks on New York City, in accordance with statutory 
authorization to grant such waivers. The January 28, 2002, notice 
discusses the statutory authority to grant such waivers and lists all 
of the waivers granted and specifies alternative requirements where 
appropriate. The January 28, 2002 notice also advised that the waivers 
are effective on February 2, 2002. Accordingly, FR Doc. 02-1936, is 
corrected to advise that items 10 and 11 listed in the January 28, 2002 
notice on page 4165, middle column, were incorrectly described as 
waivers or waivers only and should have been described as ``waiver and 
alternative requirement'' and ``alternative requirement,'' 
respectively. The corrected description for items 10 and 11 are set out 
below.
    10. Waiver and Alternative Requirement--Public Benefit Standards 
for Economic Development Activities. Currently, grantees are limited in 
the amount of CDBG assistance per job retained or created, or amount of 
CDBG assistance per low- and moderate-income person to which goods or 
services are provided by the activity, that will be considered to meet 
public benefit standards. Public benefit standards at 42 U.S.C. 
5305(e)(3) and 24

[[Page 5846]]

CFR 570.482(f)(1), (2), (3), (4)(i), (5), (6) are waived, except that 
the grantee shall report and maintain documentation on the creation and 
retention of (a) total jobs, (b) number of jobs within certain salary 
ranges, and (c) types of jobs. Paragraph (g) of 24 CFR 570.482 is also 
waived to the extent its provisions are related to public benefit.
    11. Alternative Requirement--Duplication of Benefits. The CDBG 
funds appropriated under the Emergency Response Fund may not be used to 
provide funds for the same specific uses as disaster loans made 
available by the Small Business Administration (SBA), in compliance 
with 15 U.S.C. 636(b)(1)(A). If the needs for assistance are more than 
the SBA disaster loan amount, CDBG disaster assistance may be used to 
fund such additional need. New York State should encourage the use of 
SBA physical damage and economic injury disaster loans; they offer low 
interest rates and favorable terms. Additionally, CDBG disaster 
assistance may not be used for the same specific uses as disaster 
assistance made available by the Federal Emergency Management Agency, 
e.g., for public works and facilities, in compliance with duplication 
of benefits prohibitions of 42 U.S.C. 5155 (section 312 of the Robert 
T. Stafford Disaster Assistance and Emergency Relief Act, as amended).

    Dated: January 31, 2002.
Aaron Santa Anna,
Assistant General Counsel for Regulations.
[FR Doc. 02-2886 Filed 2-6-02; 8:45 am]
BILLING CODE 4210-29-P