Wednesday, August 4, 2004 Part III Department of Housing and Urban Development Notice of Regulatory Waiver Requests Granted for the Fourth Quarter of Calendar Year 2003; Notice VerDate jul<14>2003 14:46 Aug 03, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\04AUN2.SGM 04AUN2 47250 Federal Register / Vol. 69, No. 149 / Wednesday, August 4, 2004 / Notices DEPARTMENT OF HOUSING AND waivers of regulations that HUD has Dated: July 27, 2004. URBAN DEVELOPMENT approved by publishing a notice in the Alphonso Jackson, Federal Register. These notices (each Secretary. [Docket No. FR–4854–N–04] covering the period since the most Appendix—Listing of Waivers of Notice of Regulatory Waiver Requests recent previous notification) shall: a. Identify the project, activity, or Regulatory Requirements Granted by Granted for the Fourth Quarter of Offices of the Department of Housing Calendar Year 2003 undertaking involved; b. Describe the nature of the provision and Urban Development, October 1, AGENCY: Office of the Secretary, HUD. waived and the designation of the 2003, through December 31, 2003 ACTION: Notice. provision; Note to Reader: More information about c. Indicate the name and title of the the granting of these waivers, including a SUMMARY: Section 106 of the Department person who granted the waiver request; copy of the waiver request and approval, may of Housing and Urban Development d. Describe briefly the grounds for be obtained by contacting the person whose Reform Act of 1989 (the HUD Reform approval of the request; and name is listed as the contact person directly Act) requires HUD to publish quarterly e. State how additional information after each regulatory waiver granted. Federal Register notices of all about a particular waiver may be The regulatory waivers granted appear regulatory waivers that HUD has obtained. in the following order: approved. Each notice covers the Section 106 of the HUD Reform Act also contains requirements applicable to I. Regulatory waivers granted by the Office quarterly period since the previous of Community Planning and Development. Federal Register notice. The purpose of waivers of HUD handbook provisions II. Regulatory waivers granted by the Office this notice is to comply with the that are not relevant to the purpose of of Housing. requirements of section 106 of the HUD this notice. III. Regulatory waivers granted by the Reform Act. This notice contains a list This notice follows procedures Office of Public and Indian Housing. provided in HUD’s Statement of Policy of regulatory waivers granted by HUD I. Regulatory Waivers Granted by the during the period beginning on October on Waiver of Regulations and Directives issued on April 22, 1991 (56 FR 16337). Office of Community Planning and 1, 2003, and ending on December 31, Development 2003. This notice covers waivers of regulations granted by HUD from For further information about the FOR FURTHER INFORMATION CONTACT: For October 1, 2003, through December 31, following regulatory waivers, please see general information about this notice, 2003. For ease of reference, the waivers the name of the contact person that contact Aaron Santa Anna, Assistant granted by HUD are listed by HUD immediately follows the description of General Counsel for Regulations, Room program office (for example: the Office the waiver granted. 10276, Department of Housing and of Community Planning and • Regulation: 24 CFR 91.520. Urban Development, 451 Seventh Street, Development, the Office of Housing, the Project/Activity: Request for extension SW., Washington, DC 20410–0500, Office of Public and Indian Housing). of the submission deadline for the 2002 telephone (202) 708–3055 (this is not a Within each program office grouping, program year for the Consolidated toll-free number). Persons with hearing the waivers are listed sequentially by Annual Performance and Evaluation or speech impairments may access this the regulatory section of title 24 of the Report (CAPER) of Cook County, number through TTY by calling the toll- Code of Federal Regulations (CFR) that Illinois. free Federal Information Relay Service is being waived. For example, a waiver Nature of Requirement: The at 800–877–8339. of a provision in 24 CFR part 58 would regulation at 24 CFR 91.520 requires For information concerning a be listed before a waiver of a provision each grantee to submit a performance particular waiver that was granted and in 24 CFR part 570. report to HUD within 90 days after the for which public notice is provided in Where more than one regulatory close of the grantee’s program year. this document, contact the person provision is involved in the grant of a Granted By: Roy A. Bernardi, whose name and address follow the particular waiver request, the action is Assistant Secretary for Community description of the waiver granted in the listed under the section number of the Planning and Development. accompanying list of waivers that have first regulatory requirement that appears Date Granted: November 18, 2003. been granted in the fourth quarter of in 24 CFR and that is being waived. For Reason Waived: Cook County’s calendar year 2003. example, a waiver of both § 58.73 and program year ended on September 30, SUPPLEMENTARY INFORMATION: § 58.74 would appear sequentially in the 2003, and therefore its CAPER was due Section 106 of the HUD Reform Act listing under § 58.73. December 29, 2003. The county added a new section 7(q) to the Waivers of regulations that involve experienced a hardship beyond its Department of Housing and Urban the same initial regulatory citation are control. A fire occurred in the county Development Act (42 U.S.C. 3535(q)), in time sequence beginning with the building resulting in the relocation of which provides that: earliest-dated regulatory waiver. staff to another site where they shared 1. Any waiver of a regulation must be Should HUD receive additional space with other county employees. in writing and must specify the grounds information about waivers granted Because of the contaminants, the staff for approving the waiver; during the period covered by this report did not have ready access to files, 2. Authority to approve a waiver of a before the next report is published, the documents and most equipment. If an regulation may be delegated by the next updated report will include these extension of the deadline for submission Secretary only to an individual of earlier waivers that were granted, as of the CAPER report had been denied, Assistant Secretary or equivalent rank, well as those that occurred during the county would not have been able to and the person to whom authority to January 1, 2004, through March 31, submit a complete and accurate waive is delegated must also have 2004. expenditure report on its 2002 program. authority to issue the particular Accordingly, information about The performance report provides local regulation to be waived; approved waiver requests pertaining to residents with information on the 3. Not less than quarterly, the HUD regulations is provided in the county’s accomplishments during the Secretary must notify the public of all Appendix that follows this notice. year, and the report data goes into VerDate jul<14>2003 14:46 Aug 03, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4703 E:\FR\FM\04AUN2.SGM 04AUN2 Federal Register / Vol. 69, No. 149 / Wednesday, August 4, 2004 / Notices 47251 HUD’s national database, which is used Development, Department of Housing property. The most recent purchaser for various reporting purposes. While and Urban Development, 451 Seventh was willing to rehabilitate and maintain HUD desires timely reports, it is also Street, SW., Washington, DC 20410– all the HOME-assisted units as interested in ensuring that the 7000, telephone (202) 708–2565. affordable units. At HUD’s request, the performance reports prepared by • Regulation: 24 CFR 91.520. city extended the period of affordability grantees are complete and accurate. Project/Activity: Request for extension by five years although the additional Contact: Nanci R. Doherty, Special of submission deadline for the CAPER funding requested in combination with Assistant to the Deputy Assistant of the city of Des Plaines, Illinois. the original investment did not trigger Secretary, Community Planning and Nature of Requirement: The the longer affordability period. The Development, Department of Housing regulation at 24 CFR 91.520 requires city’s efforts to restore the viability of and Urban Development, 451 Seventh each grantee to submit a performance this project over several years, in light Street, SW., Washington, DC 20410– report to HUD within 90 days after the of the fact that the regulations permit 7000, telephone (202) 708–2565. close of the grantee’s program year. The the restrictions to lapse in the event of • Regulation: 24 CFR 91.520. city’s program year ended September foreclosure, constituted good cause for a Project/Activity: Request for extension 30, 2003. Therefore, its CAPER was due waiver. of the submission deadline for the December 29, 2003. Contact: Nanci R. Doherty, Special CAPER of the city of San Angelo, Texas. Granted By: Roy A. Bernardi, Assistant to the Deputy Assistant Nature of Requirement: The Assistant Secretary for Community Secretary, Community Planning and regulation at 24 CFR 91.520 requires Planning and Development. Development, Department of Housing each grantee to submit a performance Date Granted: December 17, 2003. and Urban Development, 451 Seventh report to HUD within 90 days after the Reason Waived: The city’s letter of Street, SW., Washington, DC 20410– close of the grantee’s program year. The December 5, 2003, requested an 7000, telephone (202) 708–2565. city of San Angelo’s program year ended extension of its submission deadline to • Regulation: 24 CFR 92.503(b). on September 30, 2002, and therefore its February 27, 2004.