Notice of Regulatory Waiver Requests Granted

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