Modification of the Waivers Granted to and Alternative Requirements for Community Development Block Grant (CDBG) Disaster Recovery Grantees Under the Military Construction Appropriations and Emergency Hurricane Supplemental Appropriations Act, 2005, 21437-21438 [E5-1963]
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Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Notices
DEPARTMENT OF HOMELAND
SECURITY
National Communications System
[Docket No. DHS–2005–0034]
Notice of Meeting of the National
Security Telecommunications
Advisory Committee
National Communications
System (NCS).
ACTION: Notice of closed meeting.
AGENCY:
SUMMARY: The President’s National
Security Telecommunications Advisory
Committee (NSTAC) will meet in closed
session on Wednesday, May 11, 2005,
from 9:30 until 11:30 a.m., and from
12:55 until 3 p.m. The meeting will take
place at the United States Chamber of
Commerce, 1615 H Street, NW.,
Washington, DC. The NSTAC advises
the President of the United States on
issues and problems related to
implementing national security and
emergency preparedness (NS/EP)
telecommunications policy.
FOR FURTHER INFORMATION CONTACT: Ms.
Kiesha Gebreyes, Chief, Industry
Operations Branch at (703) 235–5525, email: Kiesha.Gebreyes@dhs.gov, or write
the Manager, National Communications
System, Department of Homeland
Security, IAIP/NCS/N5, Mail Stop
#8510, Washington, DC 20528–mail stop
#8510.
SUPPLEMENTARY INFORMATION: Notice of
this meeting is given under the Federal
Advisory Committee Act (FACA), as
amended (5 U.S.C. App. 2). The NSTAC
will meet for purposes of: (1) Receiving
briefings from senior government policy
officials, and discussing with them,
issues related to the Federal
government’s NS/EP
telecommunications planning,
architecture, and vulnerability
mitigation activities; (2) reviewing the
findings and conclusions of the
Committee’s Task Forces relative to
issues such as the operation and
evolution of existing emergency
response plans and structures, potential
NS/EP telecommunications
vulnerabilities associated with the
migration to next generation networks,
critical telecommunications sector
interdependencies, and the risks
presented by the availability of critical
telecommunications infrastructure
information on an open source basis; (3)
deliberating and voting upon proposed
recommendations to address these
issues; and (4) considering further
issues and lines of inquiry to be
undertaken in light of the findings.
A full and candid discussion
concerning these subjects will likely
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11:52 Apr 25, 2005
Jkt 205001
implicate sensitive information
concerning infrastructure vulnerabilities
(some relating to government
infrastructures) the public disclosure of
which could frustrate significantly the
Federal government’s efforts to mitigate
such vulnerabilities and safeguard such
critical facilities from attack. It is also
likely to entail discussion of privileged
and confidential private sector security
measures and planning activities that
would not be made available to the
government in a public forum.
Therefore, pursuant to section 10(d) of
the Federal Advisory Committee Act, as
amended, 5 U.S.C. App. 2 § 10(d), the
Under Secretary for Information
Analysis and Infrastructure Protection
has determined that the subjects
identified above will concern matters
that, if prematurely disclosed, would
significantly frustrate implementation of
proposed agency actions, and would
also likely disclose trade secrets and
commercial or financial information
obtained from a person and privileged
or confidential. Accordingly, pursuant
to 5 U.S.C. 552b(c)(4) and (9)(B), the
meeting will be closed to the public.
Public Comments: You may submit
comments, identified by DHS–2005–
0034, by one of the following methods:
• EPA Federal Partner EDOCKET
Web Site: https://www.epa.gov/
feddocket. Follow instructions for
submitting comments on the web site.
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: NSTAC@dhs.gov. When
submitting comments electronically,
please include DHS–2005–0034 in the
subject line of the message.
• Mail: Office of the Manager,
National Communications System,
Department of Homeland Security,
Washington, DC 20529. To ensure
proper handling, please reference DHS–
2005–0034 on your correspondence.
This mailing address may also be used
for paper, disk, or CD-ROM
submissions.
All comments received will be posted
without change to https://www.epa.gov/
feddocket, including any personal
information provided. For access to the
docket, or to read background
documents or comments received, go to
https://www.epa.gov/feddocket. You may
also access the Federal eRulemaking
Portal at https://www.regulations.gov.
Basis for Closure: In accordance with
Section 10(d) of the Federal Advisory
Committee Act, as amended, 5 U.S.C.
App. 2 § 10(d), the Under Secretary for
Information Analysis and Infrastructure
Protection has determined that this
National Security Telecommunications
Advisory Committee meeting is
PO 00000
Frm 00049
Fmt 4703
Sfmt 4703
21437
excluded from the Open Meetings
requirement pursuant to the authority
contained in 5 U.S.C. § 552b(c)(4) and
(9)(b).
Dated: April 21, 2005.
Peter M. Fonash,
Acting Deputy Manager, National
Communications System.
[FR Doc. 05–8289 Filed 4–25–05; 8:45 am]
BILLING CODE 4410–10–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–4959–N–02]
Modification of the Waivers Granted to
and Alternative Requirements for
Community Development Block Grant
(CDBG) Disaster Recovery Grantees
Under the Military Construction
Appropriations and Emergency
Hurricane Supplemental
Appropriations Act, 2005
Office of the Secretary, HUD.
ACTION: Waiver for the State of
Maryland.
AGENCY:
SUMMARY: This notice advises the public
of additional waivers of regulations and
statutory provisions granted to CDBG
disaster recovery grantees for the
purpose of assisting in the recovery
from the federally declared disasters
that occurred between August 31, 2003,
and October 1, 2004. As described in the
SUPPLEMENTARY INFORMATION section of
this notice, HUD is authorized by statute
to waive statutory and regulatory
requirements and specify alternative
requirements for this purpose. This
notice describes additional waivers
requested by the State of Maryland to
allow it to administer disaster recovery
grant funds directly rather than by
distributing funds to units of general
local government or Indian tribes.
DATES: Effective Date: May 11, 2005.
FOR FURTHER INFORMATION CONTACT: Jan
C. Opper, Director, Disaster Recovery
and Special Issues, Office of Block Grant
Assistance, Department of Housing and
Urban Development, Room 7286, 451
Seventh Street, SW., Washington, DC
20410–7000, (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. Facsimile
(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:
E:\FR\FM\26APN1.SGM
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21438
Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Notices
Authority To Grant Waivers
The Military Construction
Appropriations and Emergency
Hurricane Supplemental Appropriations
Act, 2005 (Pub. L.108–324, approved
October 13, 2004) (the Act) appropriates
$150 million in CDBG funds for disaster
relief, long-term recovery, and
mitigation directly related to the effects
of the covered disasters. The Act
authorizes the Secretary to waive, or
specify alternative requirements for, any
provision of any statute or regulation
that the Secretary administers in
connection with the obligation by the
Secretary or use by the recipient of these
funds, except for requirements related to
fair housing, nondiscrimination, labor
standards, and the environment, upon a
finding that such waiver is required to
facilitate the use of such funds and
would not be inconsistent with the
overall purpose of the statute.
The Secretary finds that the following
waiver and alternative requirements are
necessary to facilitate the use of these
funds for their required purposes. The
Secretary also finds that such uses of
funds, as described below, are not
inconsistent with the overall purpose of
Title I of the Housing and Community
Development Act of 1974, as amended,
or the Cranston-Gonzalez National
Affordable Housing Act, as amended.
Except as noted by published waivers
and alternative requirements, the
statutory and regulatory provisions
governing the CDBG program for states,
including those at 24 CFR part 570
subpart I, shall apply to the use of these
funds granted to states. In a Federal
Register notice published December 10,
2004 (69 FR 72100), and effective
December 15, 2004, the Department
promulgated waivers and alternative
requirements necessary to facilitate the
use of the subject grant funds.
Distribution of Funds Waiver
This notice waives requirements at 42
U.S.C. 5306 to the extent necessary to
allow the State of Maryland to use its
grant funds to directly carry out the
state-funded and state-administered
Hurricane Isabel Rehabilitation,
Renovation, and Replacement Housing
Program (HIRRRP) and other stateadministered activities related to
disaster relief, long-term recovery, and
mitigation from the covered disaster.
The HIRRRP program is designed to
help disaster victims with housing
repair after all other sources of
assistance are exhausted. Although local
governments carry out most HUD
disaster recovery activities, in the
aftermath of Hurricane Isabel the State
of Maryland shifted the responsibility
VerDate jul<14>2003
11:52 Apr 25, 2005
Jkt 205001
for helping impacted households from
local governments and Indian tribes
onto the state, primarily through
implementation of the HIRRRP. The
state has asked for this waiver primarily
to permit its HUD disaster recovery
grant to be used to supplement its
existing HIRRRP funds and to bring the
total funding for this program closer to
closing the gap with the total estimated
need. The notice also provides
conforming waivers to and alternative
requirements for related areas of the
regulations.
In carrying out an activity directly,
the State of Maryland must note that its
environmental role is delineated at 24
CFR 58.4(b).
Description of Modifications
1. A new paragraph 22 is added to the
requirements of the notice published on
December 10, 2004 (69 FR 72100), by
adding text to read as follows:
State of Maryland direct grant
administration.
22. a. Provisions of 42 U.S.C. 5306
currently require a state to distribute
CDBG funds to units of general local
government or Indian tribes rather than
to carry activities out directly. This
notice waives 42 U.S.C. 5306 to the
extent necessary to allow the State of
Maryland to use its disaster recovery
grant allocation directly to carry out
HIRRRP and other state-administered
activities related to disaster relief, longterm recovery, and mitigation from the
covered disaster rather than distributing
funds to units of general local
government or to Indian tribes. The
provisions of paragraph b. which
follows, conform state CDBG rules to
this waiver for the State of Maryland
and do not apply to other disaster
recovery grants under the Act.
b. These conforming waivers and
alternative requirements also apply:
(i) At 24 CFR 570.480(c), with respect
to the basis for HUD determining that
the state has failed to carry out its
certifications, such basis shall be that
the state has failed to carry out its
certifications in compliance with
applicable program requirements.
(ii) 24 CFR 570.490(a) and (b) are
waived and the following provision
shall apply: ‘‘State records. The state
shall establish and maintain such
records as may be necessary to facilitate
review and audit by HUD of the state’s
administration of CDBG funds under
§ 570.493. Consistent with applicable
statutes, regulations, waivers and
alternative requirements, and other
federal requirements, the content of
records maintained by the state shall be
sufficient to enable HUD to make the
applicable determinations described at
PO 00000
Frm 00050
Fmt 4703
Sfmt 4703
§ 570.493; make compliance
determinations for activities carried out
directly by the state; and show how
activities funded are consistent with the
descriptions of activities proposed for
funding in the action plan. For fair
housing and equal opportunity
purposes, and as applicable, such
records shall include data on the racial,
ethnic, and gender characteristics of
persons who are applicants for,
participants in, or beneficiaries of the
program.’’ 24 CFR 570.490(c) and (d)
shall also apply.
(iii) Change of use of real property. In
24 CFR 570.489(j), (j)(1), and the last
sentence of (j)(2), ‘‘unit of general local
government’’ shall be read as ‘‘unit of
general local government or state.’’
(iv) Responsibility for state review
and handling of noncompliance. 24 CFR
570.492 is waived and the following
alternative requirement applies: The
state shall make reviews and audits
including on-site reviews of any
subrecipients, designated public
agencies, and units of general local
government as may be necessary or
appropriate to meet the requirements of
Section 104(e)(2) of the Act. In the case
of noncompliance with these
requirements, the state shall take such
actions as may be appropriate to prevent
a continuance of the deficiency, mitigate
any adverse effects or consequences,
and prevent a recurrence. The state shall
establish remedies for noncompliance
by any designated public agencies or
units of general local government and
for its subrecipients.
Dated: April 19, 2005.
Roy A. Bernardi,
Deputy Secretary.
[FR Doc. E5–1963 Filed 4–25–05; 8:45 am]
BILLING CODE 4210–29–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–4826–N–03]
Notice of Availability of Alternative
Fuel Vehicle Reports
Office of the Assistant
Secretary for Administration, HUD.
ACTION: Notice of availability of reports.
AGENCY:
SUMMARY: Through this notice, HUD is
making available on its website, a copy
of HUD’s Alternative Fuel Vehicles
Report for Fiscal Year 2003 that was
prepared in accordance with the Energy
Policy Act of 1992.
FOR FURTHER INFORMATION CONTACT:
Robert E. Byrd, Jr., Director, Facilities
Management Division, Office of
Administration, Department of Housing
E:\FR\FM\26APN1.SGM
26APN1
]]>Agencies
[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Notices]
[Pages 21437-21438]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E5-1963]
=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4959-N-02]
Modification of the Waivers Granted to and Alternative
Requirements for Community Development Block Grant (CDBG) Disaster
Recovery Grantees Under the Military Construction Appropriations and
Emergency Hurricane Supplemental Appropriations Act, 2005
AGENCY: Office of the Secretary, HUD.
ACTION: Waiver for the State of Maryland.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public of additional waivers of
regulations and statutory provisions granted to CDBG disaster recovery
grantees for the purpose of assisting in the recovery from the
federally declared disasters that occurred between August 31, 2003, and
October 1, 2004. As described in the SUPPLEMENTARY INFORMATION section
of this notice, HUD is authorized by statute to waive statutory and
regulatory requirements and specify alternative requirements for this
purpose. This notice describes additional waivers requested by the
State of Maryland to allow it to administer disaster recovery grant
funds directly rather than by distributing funds to units of general
local government or Indian tribes.
DATES: Effective Date: May 11, 2005.
FOR FURTHER INFORMATION CONTACT: Jan C. Opper, Director, Disaster
Recovery and Special Issues, Office of Block Grant Assistance,
Department of Housing and Urban Development, Room 7286, 451 Seventh
Street, SW., Washington, DC 20410-7000, (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. Facsimile
(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:
[[Page 21438]]
Authority To Grant Waivers
The Military Construction Appropriations and Emergency Hurricane
Supplemental Appropriations Act, 2005 (Pub. L.108-324, approved October
13, 2004) (the Act) appropriates $150 million in CDBG funds for
disaster relief, long-term recovery, and mitigation directly related to
the effects of the covered disasters. The Act authorizes the Secretary
to waive, or specify alternative requirements for, any provision of any
statute or regulation that the Secretary administers in connection with
the obligation by the Secretary or use by the recipient of these funds,
except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment, upon a finding that such waiver
is required to facilitate the use of such funds and would not be
inconsistent with the overall purpose of the statute.
The Secretary finds that the following waiver and alternative
requirements are necessary to facilitate the use of these funds for
their required purposes. The Secretary also finds that such uses of
funds, as described below, are not inconsistent with the overall
purpose of Title I of the Housing and Community Development Act of
1974, as amended, or the Cranston-Gonzalez National Affordable Housing
Act, as amended.
Except as noted by published waivers and alternative requirements,
the statutory and regulatory provisions governing the CDBG program for
states, including those at 24 CFR part 570 subpart I, shall apply to
the use of these funds granted to states. In a Federal Register notice
published December 10, 2004 (69 FR 72100), and effective December 15,
2004, the Department promulgated waivers and alternative requirements
necessary to facilitate the use of the subject grant funds.
Distribution of Funds Waiver
This notice waives requirements at 42 U.S.C. 5306 to the extent
necessary to allow the State of Maryland to use its grant funds to
directly carry out the state-funded and state-administered Hurricane
Isabel Rehabilitation, Renovation, and Replacement Housing Program
(HIRRRP) and other state-administered activities related to disaster
relief, long-term recovery, and mitigation from the covered disaster.
The HIRRRP program is designed to help disaster victims with housing
repair after all other sources of assistance are exhausted. Although
local governments carry out most HUD disaster recovery activities, in
the aftermath of Hurricane Isabel the State of Maryland shifted the
responsibility for helping impacted households from local governments
and Indian tribes onto the state, primarily through implementation of
the HIRRRP. The state has asked for this waiver primarily to permit its
HUD disaster recovery grant to be used to supplement its existing
HIRRRP funds and to bring the total funding for this program closer to
closing the gap with the total estimated need. The notice also provides
conforming waivers to and alternative requirements for related areas of
the regulations.
In carrying out an activity directly, the State of Maryland must
note that its environmental role is delineated at 24 CFR 58.4(b).
Description of Modifications
1. A new paragraph 22 is added to the requirements of the notice
published on December 10, 2004 (69 FR 72100), by adding text to read as
follows:
State of Maryland direct grant administration.
22. a. Provisions of 42 U.S.C. 5306 currently require a state to
distribute CDBG funds to units of general local government or Indian
tribes rather than to carry activities out directly. This notice waives
42 U.S.C. 5306 to the extent necessary to allow the State of Maryland
to use its disaster recovery grant allocation directly to carry out
HIRRRP and other state-administered activities related to disaster
relief, long-term recovery, and mitigation from the covered disaster
rather than distributing funds to units of general local government or
to Indian tribes. The provisions of paragraph b. which follows, conform
state CDBG rules to this waiver for the State of Maryland and do not
apply to other disaster recovery grants under the Act.
b. These conforming waivers and alternative requirements also
apply:
(i) At 24 CFR 570.480(c), with respect to the basis for HUD
determining that the state has failed to carry out its certifications,
such basis shall be that the state has failed to carry out its
certifications in compliance with applicable program requirements.
(ii) 24 CFR 570.490(a) and (b) are waived and the following
provision shall apply: ``State records. The state shall establish and
maintain such records as may be necessary to facilitate review and
audit by HUD of the state's administration of CDBG funds under Sec.
570.493. Consistent with applicable statutes, regulations, waivers and
alternative requirements, and other federal requirements, the content
of records maintained by the state shall be sufficient to enable HUD to
make the applicable determinations described at Sec. 570.493; make
compliance determinations for activities carried out directly by the
state; and show how activities funded are consistent with the
descriptions of activities proposed for funding in the action plan. For
fair housing and equal opportunity purposes, and as applicable, such
records shall include data on the racial, ethnic, and gender
characteristics of persons who are applicants for, participants in, or
beneficiaries of the program.'' 24 CFR 570.490(c) and (d) shall also
apply.
(iii) Change of use of real property. In 24 CFR 570.489(j), (j)(1),
and the last sentence of (j)(2), ``unit of general local government''
shall be read as ``unit of general local government or state.''
(iv) Responsibility for state review and handling of noncompliance.
24 CFR 570.492 is waived and the following alternative requirement
applies: The state shall make reviews and audits including on-site
reviews of any subrecipients, designated public agencies, and units of
general local government as may be necessary or appropriate to meet the
requirements of Section 104(e)(2) of the Act. In the case of
noncompliance with these requirements, the state shall take such
actions as may be appropriate to prevent a continuance of the
deficiency, mitigate any adverse effects or consequences, and prevent a
recurrence. The state shall establish remedies for noncompliance by any
designated public agencies or units of general local government and for
its subrecipients.
Dated: April 19, 2005.
Roy A. Bernardi,
Deputy Secretary.
[FR Doc. E5-1963 Filed 4-25-05; 8:45 am]
BILLING CODE 4210-29-P
