Delegation of Authority to Regional Directors To Waive Certain Handbook and Directives Provisions, 16809-16811 [E7-6390]

Download as PDF 16809 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices Dated: March 6, 2007. Orlando J. Cabrera, Assistant Secretary for Public and Indian Housing. APPENDIX A—FISCAL YEAR 2006 FUNDING AWARDS FOR THE ROSS ELDERLY/PERSONS WITH DISABILITIES PROGRAM Mobile Housing Board ........................... Lutheran Social Ministry of the Southwest. The Housing Authority of the County of Los Angeles. Atlanta Regional Commission ............... Housing and Community Development Corporation of Hawaii. Chicago Housing Authority .................... The Housing Authority of the City of New Albany, Indiana. City of Wichita Housing Authority ......... Housing Authority of Catlettsburg ......... Housing Authority of Corbin .................. Grand Rapids Housing Commission ..... Housing Authority of St. Louis Park ...... Natchez Housing Authority .................... Public Housing Authority of Butte ......... Gastonia Housing Authority .................. Dover Housing Authority ....................... Garfield Housing Authority .................... Housing Authority of Gloucester County Housing Authority of the Township of Woodbridge. Catholic Family Center .......................... Ithaca Housing Authority ....................... White Plains Housing Authority ............. Columbiana Metropolitan Housing Authority. Stark Metropolitan Housing Authority ... Mercer County Housing Authority ......... City of San Marcos Housing Authority .. Housing Authority of the City of El Paso. Bennington Housing Authority ............... Rutland Housing Authority .................... Neighborhood House ............................ Neighborhood House ............................ Friends of Housing Corporation ............ Wheeling Housing Authority .................. 151 South Claiborne Street .................. 5049 East Broadway, Suite 102 ........... Mobile ................... Tucson .................. AL AZ 36602 85711 $350,000 375,000 2 Coral Circle ........................................ Monterey Park ...... CA 91755 350,000 40 Courtland Street, Northeast ............. 677 Queen Street, Suite 300 ................ Atlanta ................... Honolulu ................ GA HI 30303 96813 375,000 388,522 626 West Jackson Street ...................... Post Office Box 11 ................................ Chicago ................. New Albany ........... IL IN 60661 47150 300,000 350,000 332 North Riverview .............................. 210 24th Street ..................................... 1336 Madison Street ............................. 1420 Fuller Avenue, Southeast ............ 5005 Minnetonka Boulevard ................. 2 Auburn Avenue .................................. 220 Curtis Street ................................... P.O. 2398, 340 West Long Avenue ...... 62 Whittier Street .................................. 71 Daniel P. Conti Court ....................... 100 Pop Moylan Boulevard ................... 20 Bunns Lane ...................................... Wichita .................. Catlettsburg ........... Corbin ................... Grand Rapids ........ St. Louis Park ....... Natchez ................. Butte ...................... Gastonia ................ Dover .................... Garfield ................. Deptford ................ Woodbridge ........... KS KY KY MI MN MS MT NC NH NJ NJ NJ 67203 41129 40701 49507 55416 39120 59701 28053–2398 03820–2994 7026 8096 7095 240,000 110,708 207,324 164,734 210,627 250,000 98,500 250,000 269,362 350,000 76,066 350,000 87 North Clinton Avenue ....................... 800 South Plain Street .......................... 223 Dr. Martin Luther King, Jr. Boulevard. 325 Moore Street .................................. Rochester .............. Ithaca .................... White Plains .......... NY NY NY 14604 14850 10601 375,000 333,640 225,000 East Liverpool ....... OH 43920 350,000 400 Tuscarawas Street East ................. 80 Jefferson Avenue ............................. 1201 Thorpe Lane ................................. 5300 Paisano Drive ............................... Canton .................. Sharon .................. San Marcos ........... El Paso ................. OH PA TX TX 44702–1131 16146 78666 79905 272,487 240,000 207,311 450,000 22 Willowbrook Drive ............................ 5 Tremont Street ................................... 905 Spruce Street, Suite 200 ............... 905 Spruce Street ................................. 9141 West Lisbon Avenue .................... Box 2089 11 Community Street ............ Bennington ............ Rutland .................. Seattle ................... Seattle ................... Milwaukee ............. Wheeling ............... VT VT WA WA WI WV 05201–1773 05701 98104 98104 53222 26003 250,000 248,750 125,000 250,000 375,000 239,160 [FR Doc. E7–6391 Filed 4–4–07; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–4837–D–62] Delegation of Authority to Regional Directors To Waive Certain Handbook and Directives Provisions Office of the Secretary, HUD. Notice of delegation of authority to regional directors in the HUD regional offices. AGENCY: jlentini on PROD1PC65 with NOTICES ACTION: SUMMARY: In this notice, the Secretary delegates to the Regional Directors the authority to waive certain HUD handbook provisions and directives and announces the procedures that will VerDate Aug<31>2005 17:37 Apr 04, 2007 Jkt 211001 govern these waivers. Specifically, the delegation provides Regional Directors with concurrent authority to waive certain HUD handbook provisions and directives. Currently, the Regional Directors are located in Region I (Boston, MA); Region II (New York, NY); Region III (Philadelphia, PA); Region IV (Atlanta, GA); Region V (Chicago, IL); Region VI (Fort Worth, TX); Region VII (Kansas City, KS); Region VIII (Denver, CO); Region IX (San Francisco, CA); and Region X (Seattle, WA). Any waiver of HUD handbook provisions and directives made in the field must be in writing and must specify the grounds for granting it. All waiver decisions by a Regional Director in the Office of Field Policy and Management must be jointly concurred in by the appropriate regional program director or Assistant Secretary. In PO 00000 Frm 00048 Fmt 4703 Sfmt 4703 addition, the Department will make available for public inspection, for at least a 3-year period, a record of all waivers of HUD handbook provisions and directives. EFFECTIVE DATE: March 30, 2007. FOR FURTHER INFORMATION CONTACT: Aaron Santa Anna, Assistant General Counsel for Regulations, Office of Legislation and Regulations, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410; telephone number (202) 708–3055 or Mark Borum, Field Management Officer, Office of Field Policy and Management, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 7122, Washington, DC 20410; telephone number (202) 708–1123. (These are not toll-free numbers.) These E:\FR\FM\05APN1.SGM 05APN1 16810 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices jlentini on PROD1PC65 with NOTICES numbers may be accessed through TTY by calling the Federal Information Relay Service at (800) 877–8339. Comments or questions can be submitted through the Internet to Aaron_Santa_Anna@hud.gov or to Mark_G._Borum@hud.gov. SUPPLEMENTARY INFORMATION: Section 106 of the Department of Housing and Urban Development Reform Act of 1989 (Pub. L. 101–235, approved December 15, 1989) added section 7(q) to the Department of Housing and Urban Development Act (HUD Act) (42 U.S.C. 3535(q)). Section 7(q) provides that any waiver of a HUD regulation or handbook provision must be in writing, specify the grounds for the waiver, and be indexed and made available for public inspection (42 U.S.C. 3535(q)(4)). Pursuant to section 7(q) of the HUD Act, a regulation can be waived only by the Secretary or a designated Assistant Secretary or equivalent rank. The Secretary is the ultimate repository of the authority both to issue and to waive the regulations of the Department. The Secretary may delegate each of these powers to other HUD officers. Under section 7(q) of the HUD Act, however, the Secretary may not delegate the authority to waive a regulation below the Assistant Secretary rank. Individuals serving in an ‘‘acting’’ capacity may exercise the authority contained in this delegation. This delegation is subject to the provisions of the Federal Vacancies Reform Act of 1998 (5 U.S.C. 3345 et seq.). Definitions as used in this delegation: Assistant Secretary means an Assistant Secretary of the Department under section 4(a) of the Department of Housing and Urban Development Act (42 U.S.C. 3533(a)), or an individual of equivalent rank. Individual of equivalent rank means an individual with rank equivalent to an Assistant Secretary. The term includes the following HUD officers: The General Counsel; the Inspector General; the President of the Government National Mortgage Association (GNMA); the Chief Financial Officer; and other positions appointed by the President requiring Senate confirmation. Regional Director means an individual who is responsible for managing a HUD regional office. Directive 1 means a non-Federal Register publication, as defined in HUD’s handbook on the ‘‘HUD Directives System’’ (Handbook No. 1 By its terms, section 106 reaches only HUD ‘‘handbooks.’’ This is the one class of HUD directives, as defined in this Notice. In order to give section 106 the widest possible coverage, the Department has decided, as a matter of agency discretion, to subject all the Department’s directives to the provisions of section 106. VerDate Aug<31>2005 17:37 Apr 04, 2007 Jkt 211001 000.2 REV–2 or such successor edition) and includes a handbook (including a change or supplement), notice, interim notice, special directive, and any other issuance that the Department may classify as a directive. Handbook means a directive that communicates information of a nontemporary nature (including clarification of policies, instructions, guidance, procedures, forms, and reports) for HUD staff or program participants. The non-temporary nature distinguishes a handbook from temporary HUD directives, such as notices. (See paragraph 2–1A, HUD Handbook 000.2, HUD Directives System, or successor edition.) Notice, in the context of a directive, means a non-Federal Register directive that is used to provide HUD program participants with temporary instructions involving HUD programs or to amend previous instructions until a handbook revision or change is issued. A notice must carry an expiration date of not to exceed one year, and may be extended. (See paragraph 2–1D, HUD Handbook 000.2, HUD Directives System, or successor edition.) Interim Notice means a non-Federal Register directive that is issued at the discretion of an Assistant Secretary under emergency circumstances. Interim notices carry an expiration date not to exceed 120 days, and may not be extended. (See paragraph 2–1E, HUD Handbook 000.2, HUD Directives System, or successor edition.) Regulation means ‘‘rule’’ or ‘‘regulation,’’ as these terms are defined in Part 10 of Title 24 of the Code of Federal Regulations, and includes any material contained in Title 24 of the Code of Federal Regulations; any notice published in the Federal Register announcing the availability of funds, or the criteria to be used to select recipients of the funds, under any program administered by the Department; and any other notice published in the Federal Register that establishes program requirements pursuant to a statute that authorizes the Department to administer the program by Federal Register publication, pending issuance of effective regulations amending Title 24 of the Code of Federal Regulations. Waiver of Directives and Handbook Provisions: Form and Content of Waivers. Section 7(q) within the Department of Housing and Urban Development Act, 42 U.S.C. 3535(q), provides that any waiver of a HUD handbook or directive provision must be in writing, specify the grounds for the waiver, and be indexed and made available for public inspection. PO 00000 Frm 00049 Fmt 4703 Sfmt 4703 Waivers of Directive or Handbook Provisions That Restate or Summarize a Regulation. Waiver of a directive or handbook provision that restates or summarizes a regulation may constitute a regulatory waiver for purposes of this Notice. The Office of General Counsel will determine whether a handbook or directive provision is to be treated as a regulatory waiver. If the handbook or directive provision is determined to be a regulatory waiver, it must comport with section 7(q) of the HUD Act, which requires the signature of the Assistant Secretary or equivalent. All Prohibitions Against Discrimination. All prohibitions against discrimination on the basis of race, sex, color, national origin, religion, handicap, age, or familial status, and all related affirmative obligations that are direct derivatives of regulations governing prohibitions of discrimination are considered regulatory prohibitions. Public Inspection of Waivers. A record of each waiver of a HUD directive or handbook provision (including the grounds for granting the waiver) will be maintained in indexed form, and will be made available to the public at the HUD Headquarters office with program authority over the HUD directive. The record will be maintained for not less than the 3-year period beginning on the date the waiver is granted. Executive Order 12612, Federalism. The General Counsel, as the Designated Official under section 6(a) of Executive Order 12612, Federalism, has determined that this delegation will not have substantial direct impact on states or their political subdivisions, or on the relationship between the federal government and the states, or on the distribution of power and responsibilities among the various levels of government. The delegation only states procedures for granting waivers of regulations and directives, and for notifying the public of the waiver. As a result, this delegation is not subject to review under the Executive Order. It should be noted that the actual grant of a waiver pursuant to this delegation may involve federalism implications. If this occurs, the relationship of the waiver to the Executive Order will be assessed at that time and in that context. Section A: Authority Delegated The Secretary delegates to each Regional Director concurrent authority within his or her respective jurisdiction, to waive those directives and handbook provisions pertaining to programs in the Offices of Housing, Public and Indian E:\FR\FM\05APN1.SGM 05APN1 Federal Register / Vol. 72, No. 65 / Thursday, April 5, 2007 / Notices Housing, Community Planning and Development, and Fair Housing and Equal Opportunity. All waivers by the Regional Directors in the Office of Field Policy and Management must be jointly concurred in by the appropriate Regional Program Director or Assistant Secretary, as directed by the applicable Assistant Secretary. Section B: Directives, Handbooks, and Provisions Excluded The waiver authority delegated herein does not include the authority to waive regulations, or those Departmental directives and handbook provisions mandated by or directly predicated on a statute, executive order, or regulation, including, but not limited to, environmental, ethics, fair housing, civil rights enforcement and compliance, procurement, and other provisions. Additionally, the waiver authority delegated herein does not include the authority to waive provisions contained in the HUD Litigation Handbook. Section C: Authority Revoked Any previous delegated or redelegated authority to Regional Directors inconsistent with this delegation of authority is hereby revoked. Section D: Authority To Redelegate This authority may not be redelegated. Authority: Section 7(q), Department of Housing and Urban Development Act (42 U.S.C. 3535(a)); Section 7(d), Department of Housing and Urban Development Act (42 U.S.C. 3535(d)); Federal Vacancies Reform Act of 1998 (5 U.S.C. 3345 et seq.). Dated: March 30, 2007. Alphonso Jackson, Secretary. [FR Doc. E7–6390 Filed 4–4–07; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Receipt of Application of Endangered Species Recovery Permits Fish and Wildlife Service, Interior. ACTION: Notice of availability and receipt of applications. jlentini on PROD1PC65 with NOTICES AGENCY: SUMMARY: We announce our receipt of applications to conduct certain activities pertaining to enhancement of survival of endangered species. DATES: Written comments on this request for a permit must be received by May 7, 2007. VerDate Aug<31>2005 17:37 Apr 04, 2007 Jkt 211001 Written data or comments should be submitted to the U.S. Fish and Wildlife Service, Assistant Regional Director, Fisheries-Ecological Services, P.O. Box 25486, Denver Federal Center, Denver, Colorado 80225–0486; facsimile 303–236–0027. Documents and other information submitted with these applications are available for review, subject to the requirements of the Privacy Act [5 U.S.C. 552A] and Freedom of Information Act [5 U.S.C. 552], by any party who submits a request for a copy of such documents within 30 days of the date of publication of this notice to Kris Olsen, by mail or by telephone at 303–236–4256. All comments received from individuals become part of the official public record. ADDRESSES: The following applicants have requested issuance of enhancement of survival permits to conduct certain activities with endangered species pursuant to section 10(a)(1)(A) of the Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.). Applicant—Western Transportation Institute, Montana State University, Bozeman, Montana, TE–150365. The applicant requests a permit to take Topeka shiner (Notropis topeka) in conjunction with recovery activities throughout the species’ range for the purpose of enhancing its survival and recovery. SUPPLEMENTARY INFORMATION: Applicant—Sternberg Museum, Hays, Kansas, TE–150363. The applicant requests a permit to take gray bat (Myotis grisescens), Indiana bat (Myotis sodalis), and black-footed ferret (Mustela nigripes) in conjunction with recovery activities throughout the species’ range for the purpose of enhancing their survival and recovery. Applicant—U.S. Geological Survey, Biological Resources Division, Cortland, New York, TE–150352. The applicant requests a permit to take pallid sturgeon (Scaphirhynchus albus) in conjunction with recovery activities throughout the species’ range for the purpose of enhancing its survival and recovery. Applicant—U.S. Geological Survey, Northern Prairie Wildlife Research Center, Jamestown, North Dakota, TE– 121914. The applicant requests a permit amendment to modify survey and banding techniques for Interior least terns (Sternula antillarum), piping plovers (Charadrius melodus), and pallid sturgeon (Scaphirhynchus albus) in conjunction with recovery activities throughout the species’ range for the purpose of enhancing their survival and recovery. PO 00000 Frm 00050 Fmt 4703 Sfmt 4703 16811 Applicant—U.S. Fish and Wildlife Service, Great Plains Fish and Wildlife Management Assistance Office, Pierre, South Dakota, TE–056851. The applicant requests a renewed permit to take pallid sturgeon (Scaphirhynchus albus) in conjunction with recovery activities throughout the species’ range for the purpose of enhancing its survival and recovery. Applicant—Department of the Army, Conservation Division, Ft. Riley, Kansas, TE–049623. The applicant requests a renewed permit to take Topeka shiner (Notropis topeka) in conjunction with recovery activities throughout the species’ range for the purpose of enhancing its survival and recovery. Applicant—National Park Service, Zion National Park, Springdale, Utah, TE–057485. The applicant requests a renewed permit to take Holmgren milkvetch (Astragalus holmgreniorum), Shivwitz milk-vetch (Astragalus ampullarioides), and Southwestern willow flycatcher (Empidonax traillii extimus) in conjunction with recovery activities throughout the species’ range for the purpose of enhancing their survival and recovery. Dated: March 21, 2007. Elliott N. Sutta, Acting Regional Director, Denver, Colorado. [FR Doc. E7–6341 Filed 4–4–07; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service Notice of Availability of the Draft Comprehensive Conservation Plan and Environmental Assessment for Wheeler National Wildlife Refuge Complex in Limestone, Madison, and Morgan Counties, AL AGENCY: Fish and Wildlife Service, Interior. ACTION: Notice of availability. SUMMARY: We, the Fish and Wildlife Service, announce that a Draft Comprehensive Conservation Plan and Environmental Assessment (Draft CCP/ EA) for Wheeler National Wildlife Refuge Complex is available for review and comment. The National Wildlife Refuge System Administration Act of 1966, as amended by the National Wildlife Refuge System Improvement Act of 1997, requires the Service to develop a CCP for each national wildlife refuge. This Draft CCP, when final, will describe how we intend to manage the E:\FR\FM\05APN1.SGM 05APN1

Agencies

[Federal Register Volume 72, Number 65 (Thursday, April 5, 2007)]
[Notices]
[Pages 16809-16811]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-6390]


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

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-4837-D-62]


Delegation of Authority to Regional Directors To Waive Certain 
Handbook and Directives Provisions

AGENCY: Office of the Secretary, HUD.

ACTION: Notice of delegation of authority to regional directors in the 
HUD regional offices.

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

SUMMARY: In this notice, the Secretary delegates to the Regional 
Directors the authority to waive certain HUD handbook provisions and 
directives and announces the procedures that will govern these waivers. 
Specifically, the delegation provides Regional Directors with 
concurrent authority to waive certain HUD handbook provisions and 
directives. Currently, the Regional Directors are located in Region I 
(Boston, MA); Region II (New York, NY); Region III (Philadelphia, PA); 
Region IV (Atlanta, GA); Region V (Chicago, IL); Region VI (Fort Worth, 
TX); Region VII (Kansas City, KS); Region VIII (Denver, CO); Region IX 
(San Francisco, CA); and Region X (Seattle, WA).
    Any waiver of HUD handbook provisions and directives made in the 
field must be in writing and must specify the grounds for granting it. 
All waiver decisions by a Regional Director in the Office of Field 
Policy and Management must be jointly concurred in by the appropriate 
regional program director or Assistant Secretary. In addition, the 
Department will make available for public inspection, for at least a 3-
year period, a record of all waivers of HUD handbook provisions and 
directives.

EFFECTIVE DATE: March 30, 2007.

FOR FURTHER INFORMATION CONTACT: Aaron Santa Anna, Assistant General 
Counsel for Regulations, Office of Legislation and Regulations, Office 
of General Counsel, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 10276, Washington, DC 20410; telephone number 
(202) 708-3055 or Mark Borum, Field Management Officer, Office of Field 
Policy and Management, Department of Housing and Urban Development, 451 
Seventh Street, SW., Room 7122, Washington, DC 20410; telephone number 
(202) 708-1123. (These are not toll-free numbers.) These

[[Page 16810]]

numbers may be accessed through TTY by calling the Federal Information 
Relay Service at (800) 877-8339. Comments or questions can be submitted 
through the Internet to Aaron--Santa--Anna@hud.gov or to Mark--G.--
Borum@hud.gov.

SUPPLEMENTARY INFORMATION: Section 106 of the Department of Housing and 
Urban Development Reform Act of 1989 (Pub. L. 101-235, approved 
December 15, 1989) added section 7(q) to the Department of Housing and 
Urban Development Act (HUD Act) (42 U.S.C. 3535(q)). Section 7(q) 
provides that any waiver of a HUD regulation or handbook provision must 
be in writing, specify the grounds for the waiver, and be indexed and 
made available for public inspection (42 U.S.C. 3535(q)(4)).
    Pursuant to section 7(q) of the HUD Act, a regulation can be waived 
only by the Secretary or a designated Assistant Secretary or equivalent 
rank. The Secretary is the ultimate repository of the authority both to 
issue and to waive the regulations of the Department. The Secretary may 
delegate each of these powers to other HUD officers. Under section 7(q) 
of the HUD Act, however, the Secretary may not delegate the authority 
to waive a regulation below the Assistant Secretary rank. Individuals 
serving in an ``acting'' capacity may exercise the authority contained 
in this delegation. This delegation is subject to the provisions of the 
Federal Vacancies Reform Act of 1998 (5 U.S.C. 3345 et seq.).
    Definitions as used in this delegation:
    Assistant Secretary means an Assistant Secretary of the Department 
under section 4(a) of the Department of Housing and Urban Development 
Act (42 U.S.C. 3533(a)), or an individual of equivalent rank.
    Individual of equivalent rank means an individual with rank 
equivalent to an Assistant Secretary. The term includes the following 
HUD officers: The General Counsel; the Inspector General; the President 
of the Government National Mortgage Association (GNMA); the Chief 
Financial Officer; and other positions appointed by the President 
requiring Senate confirmation.
    Regional Director means an individual who is responsible for 
managing a HUD regional office.
    Directive \1\ means a non-Federal Register publication, as defined 
in HUD's handbook on the ``HUD Directives System'' (Handbook No. 000.2 
REV-2 or such successor edition) and includes a handbook (including a 
change or supplement), notice, interim notice, special directive, and 
any other issuance that the Department may classify as a directive.
---------------------------------------------------------------------------

    \1\ By its terms, section 106 reaches only HUD ``handbooks.'' 
This is the one class of HUD directives, as defined in this Notice. 
In order to give section 106 the widest possible coverage, the 
Department has decided, as a matter of agency discretion, to subject 
all the Department's directives to the provisions of section 106.
---------------------------------------------------------------------------

    Handbook means a directive that communicates information of a non-
temporary nature (including clarification of policies, instructions, 
guidance, procedures, forms, and reports) for HUD staff or program 
participants. The non-temporary nature distinguishes a handbook from 
temporary HUD directives, such as notices. (See paragraph 2-1A, HUD 
Handbook 000.2, HUD Directives System, or successor edition.)
    Notice, in the context of a directive, means a non-Federal Register 
directive that is used to provide HUD program participants with 
temporary instructions involving HUD programs or to amend previous 
instructions until a handbook revision or change is issued. A notice 
must carry an expiration date of not to exceed one year, and may be 
extended. (See paragraph 2-1D, HUD Handbook 000.2, HUD Directives 
System, or successor edition.)
    Interim Notice means a non-Federal Register directive that is 
issued at the discretion of an Assistant Secretary under emergency 
circumstances. Interim notices carry an expiration date not to exceed 
120 days, and may not be extended. (See paragraph 2-1E, HUD Handbook 
000.2, HUD Directives System, or successor edition.)
    Regulation means ``rule'' or ``regulation,'' as these terms are 
defined in Part 10 of Title 24 of the Code of Federal Regulations, and 
includes any material contained in Title 24 of the Code of Federal 
Regulations; any notice published in the Federal Register announcing 
the availability of funds, or the criteria to be used to select 
recipients of the funds, under any program administered by the 
Department; and any other notice published in the Federal Register that 
establishes program requirements pursuant to a statute that authorizes 
the Department to administer the program by Federal Register 
publication, pending issuance of effective regulations amending Title 
24 of the Code of Federal Regulations.
    Waiver of Directives and Handbook Provisions:
    Form and Content of Waivers. Section 7(q) within the Department of 
Housing and Urban Development Act, 42 U.S.C. 3535(q), provides that any 
waiver of a HUD handbook or directive provision must be in writing, 
specify the grounds for the waiver, and be indexed and made available 
for public inspection.
    Waivers of Directive or Handbook Provisions That Restate or 
Summarize a Regulation. Waiver of a directive or handbook provision 
that restates or summarizes a regulation may constitute a regulatory 
waiver for purposes of this Notice. The Office of General Counsel will 
determine whether a handbook or directive provision is to be treated as 
a regulatory waiver. If the handbook or directive provision is 
determined to be a regulatory waiver, it must comport with section 7(q) 
of the HUD Act, which requires the signature of the Assistant Secretary 
or equivalent.
    All Prohibitions Against Discrimination. All prohibitions against 
discrimination on the basis of race, sex, color, national origin, 
religion, handicap, age, or familial status, and all related 
affirmative obligations that are direct derivatives of regulations 
governing prohibitions of discrimination are considered regulatory 
prohibitions.
    Public Inspection of Waivers. A record of each waiver of a HUD 
directive or handbook provision (including the grounds for granting the 
waiver) will be maintained in indexed form, and will be made available 
to the public at the HUD Headquarters office with program authority 
over the HUD directive. The record will be maintained for not less than 
the 3-year period beginning on the date the waiver is granted.
    Executive Order 12612, Federalism. The General Counsel, as the 
Designated Official under section 6(a) of Executive Order 12612, 
Federalism, has determined that this delegation will not have 
substantial direct impact on states or their political subdivisions, or 
on the relationship between the federal government and the states, or 
on the distribution of power and responsibilities among the various 
levels of government. The delegation only states procedures for 
granting waivers of regulations and directives, and for notifying the 
public of the waiver. As a result, this delegation is not subject to 
review under the Executive Order.
    It should be noted that the actual grant of a waiver pursuant to 
this delegation may involve federalism implications. If this occurs, 
the relationship of the waiver to the Executive Order will be assessed 
at that time and in that context.

Section A: Authority Delegated

    The Secretary delegates to each Regional Director concurrent 
authority within his or her respective jurisdiction, to waive those 
directives and handbook provisions pertaining to programs in the 
Offices of Housing, Public and Indian

[[Page 16811]]

Housing, Community Planning and Development, and Fair Housing and Equal 
Opportunity. All waivers by the Regional Directors in the Office of 
Field Policy and Management must be jointly concurred in by the 
appropriate Regional Program Director or Assistant Secretary, as 
directed by the applicable Assistant Secretary.

Section B: Directives, Handbooks, and Provisions Excluded

    The waiver authority delegated herein does not include the 
authority to waive regulations, or those Departmental directives and 
handbook provisions mandated by or directly predicated on a statute, 
executive order, or regulation, including, but not limited to, 
environmental, ethics, fair housing, civil rights enforcement and 
compliance, procurement, and other provisions. Additionally, the waiver 
authority delegated herein does not include the authority to waive 
provisions contained in the HUD Litigation Handbook.

Section C: Authority Revoked

    Any previous delegated or redelegated authority to Regional 
Directors inconsistent with this delegation of authority is hereby 
revoked.

Section D: Authority To Redelegate

    This authority may not be redelegated.

    Authority: Section 7(q), Department of Housing and Urban 
Development Act (42 U.S.C. 3535(a)); Section 7(d), Department of 
Housing and Urban Development Act (42 U.S.C. 3535(d)); Federal 
Vacancies Reform Act of 1998 (5 U.S.C. 3345 et seq.).

    Dated: March 30, 2007.
Alphonso Jackson,
Secretary.
 [FR Doc. E7-6390 Filed 4-4-07; 8:45 am]
BILLING CODE 4210-67-P
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