Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2008, 75738-75763 [E8-29308]

Agencies

• DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Federal Register Volume 73, Number 240 (Friday, December 12, 2008)]
[Notices]
[Pages 75738-75763]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-29308]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5217-N-03]


Notice of Regulatory Waiver Requests Granted for the Third 
Quarter of Calendar Year 2008

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on July 1, 2008, and ending on September 30, 2008.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Aaron Santa Anna, Assistant General Counsel for 
Regulations, Office of General Counsel, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 10276, Washington, DC 20410-
0500, telephone number 202-708-3055 (this is not a toll-free number). 
Persons with hearing- or speech-impairments may access this number 
through TTY by calling the toll-free Federal Information Relay Service 
at 800-877-8339.
    For information concerning a particular waiver that was granted and 
for which public notice is provided in this document, contact the 
person whose name and address follow the description of the waiver 
granted in the accompanying list of waivers that have been granted in 
the third quarter of calendar year 2008.

SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a 
new section 7(q) to the Department of Housing and Urban Development Act 
(42 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 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; and
    e. State how additional information about a particular waiver may 
be obtained.
    Section 106 of the HUD Reform Act also contains requirements 
applicable to waivers of HUD handbook provisions that are not relevant 
to the purpose of this notice.
    This notice follows procedures provided in HUD's Statement of 
Policy on Waiver of Regulations and Directives issued on April 22, 1991 
(56 FR 16337). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was requested. In those cases 
in which a General Deputy Assistant Secretary granted the waiver, the 
General Deputy Assistant Secretary was serving in the absence of the 
Assistant Secretary in accordance with the office's Order of 
Succession.
    This notice covers waivers of regulations granted by HUD from July 
1, 2008, through September 30, 2008. For ease of reference, the waivers 
granted by HUD are listed by HUD program office (for example, the 
Office of Community Planning and Development, the Office of Fair 
Housing and Equal Opportunity, the Office of Housing, and the Office of 
Public and Indian Housing, etc.). Within each program office grouping, 
the waivers are listed sequentially by the regulatory section of title 
24 of the Code of Federal Regulations (CFR) that is being waived. For 
example, a waiver of a provision in 24 CFR part 58 would be listed 
before a waiver of a provision in 24 CFR part 570.
    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 that appears in 24 CFR and 
that is being waived. For example, a waiver of both Sec.  58.73 and 
Sec.  58.74 would appear sequentially in the listing under Sec.  58.73.
    Waiver of regulations that involve the same initial regulatory 
citation are in time sequence beginning with the earliest-dated 
regulatory waiver.
    Should HUD receive additional information about waivers granted 
during the period covered by this report (the third quarter of calendar 
year 2008) before the next report is published (the fourth quarter of 
calendar year 2008), HUD will include any additional waivers granted 
for the third quarter in the next report.
    Accordingly, information about approved waiver requests pertaining 
to HUD regulations is provided in the Appendix that follows this 
notice.


[[Page 75739]]


    Dated: December 3, 2008.
Michael C. Flynn,
Acting General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development July 1, 2008 Through 
September 30, 2008

    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 after each set of regulatory waivers 
granted.

    The regulatory waivers granted appear in the following order:
    I. Regulatory waivers granted by the Office of Community Planning 
and Development.
    II. Regulatory waivers granted by the Office of Housing.
    III. Regulatory waivers granted by the Office of Public and Indian 
Housing.

I. Regulatory Waivers Granted by the Office of Community Planning and 
Development

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows the 
description of the waiver granted.
     Regulation: 24 CFR 51.202(a).
    Project/Activity: Mississippi Development Authority requested a 
wavier of the regulation 24 CFR part 51, subpart C, for the Small 
Rental Property Assistance Program and the Long Term Workforce Housing 
Program. These programs provide Community Development Block Grant 
disaster assistance for projects located in Hancock, Harrison, Jackson, 
and Pearl River counties in the Gulf Coast region in Mississippi.
    Nature of Requirement: HUD's regulations in 24 CFR part 51, subpart 
C, specifically at Sec.  51.202(a) do not allow approval of an 
application for assistance for a proposed project located at less than 
the acceptable separation distance from a hazard, as defined in Sec.  
51.201, unless appropriate mitigating measures, as defined in Sec.  
51.205 are implemented, or unless mitigating measures are already in 
place. The purpose of this regulation is to establish safety standards 
which can be used as a basis for calculating acceptable separation 
distance for HUD-assisted projects from specific, stationary, hazardous 
operations which store, handle, or process hazardous substances.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development
    Date Granted: August 27, 2008.
    Reason Waived: Mississippi Development Authority advised HUD that 
of the 1,200 applicants for the Small Rental Property Assistance 
Program (SRAP), about 750 applications would require mitigation of one 
or more adjacent residential propane tanks because the HUD assisted 
project is located at less than the acceptable separation distance 
pursuant to HUD's regulations at 24 CFR part 51, subpart C. MDA 
estimated that there are approximately 10,357 above-ground storage 
tanks along the Gulf Coast. The majority of residential propane tanks 
were 250 gallons; however, there were instances where the residential 
propane tank was greater than 250 gallons. The acceptable separation 
distance (for blast overpressure) for a 250 gallon tank of propane is 
135 feet.
    Mitigation measures included constructing a barrier to surround the 
tank or building a structure on the HUD property site to shield the 
proposed project from the hazard. The residential propane tanks that 
impact the HUD assisted project are located off-site on adjacent 
properties. In the Mississippi Gulf Coast, generally the residential 
propane tanks are leased from the propane distributor and the tanks are 
aboveground (not buried). The average SRAP grant is $30,000. For these 
reasons, mitigating residential propane tanks on adjacent properties is 
not practical or economically feasible.
    The National Fire Protection Association (NFPA), through its 
development of codes and standards, is an authoritative source on 
public safety regarding fire and other hazards. Its mission is to 
reduce the burdens of fire and hazards by providing consensus codes and 
standards, research, training and education. As an authoritative source 
on public safety, NFPA developed NFPA Code 58 that established codes 
and standards used by the propane industry and operators regarding 
storage and handling of liquefied petroleum gases (LPG). NFPA Code 58 
is intended to provide the industry with a framework of operational 
information and standards that, if followed, will minimize the 
probability of risk and accidents. Most states, including Mississippi, 
have adopted and integrated the NFPA Code 58 into their state and local 
codes for LPG operations. A recent study by NFPA on natural gas and LP-
gas home structure fires confirms that one of the reasons why LP-gas 
home structure fires have fallen 83% nationally is due to increased 
awareness from following NFPA Code 58 Section 2-2.1.4 specifically. It 
is the responsibility of the container's owner to follow NFPA Code 58 
to see that proper maintenance and re-qualification is accomplished on 
liquid petroleum gas containers, in order to minimize the probability 
of accidents and risks to human populations and structures.
    It is also the responsibility of the propane marketer to follow 
NFPA Code 58 and verify that a container is fit for service before 
filling it. NFPA Code 58 requires that containers be designed, 
fabricated, tested and marked (or stamped) in accordance with the 
Regulations of the U.S. Department of Transportation (DOT), the 
American Society of Mechanical Engineers (ASME) Boiler and Pressure 
Vessel Code, ``Rules for the Construction of Unfired Pressure 
Vessels'', Section VIII, or the American Petroleum Institute (API)-ASME 
Code for Unfired Vessels for Petroleum Liquids and Gases applicable at 
the date of manufacture of the container.
    The waiver was granted based on the following findings: the Small 
Rental Property Assistance Program and Long Term Workforce Housing 
Program will further the objective of providing much needed housing 
units in established residential communities affected by hurricane 
Katrina; there are significant economic and practical difficulties in 
mitigating the off-site residential propane tanks located on adjacent 
properties; the particular facts in Mississippi as described above 
suggest that any danger to HUD sites is minimal; and a site visit 
conducted by HUD staff verified the facts and examined a sample of the 
proposed sites also suggested any danger to HUD sites is minimal.
    This waiver does not apply to proposed HUD-assisted propane 
containers of volume capacities higher than 250 gallons and applicants 
for HUD funding assistance for such projects are required to be in 
compliance with the requirements of 24 CFR part 51, subpart C. The 
waiver was granted for residential propane tanks of 250 gallons or less 
located off-site on adjacent properties, provided that these 
residential propane tanks are designed, fabricated, tested and marked 
(or stamped) in accordance with the regulations of the U.S. Department 
of Transportation (DOT), the American Society of Mechanical Engineers 
(ASME) Boiler and Pressure Vessel Code, ``Rules for the Construction of 
Unfired Pressure Vessels,'' Section VIII, or the American Petroleum 
Institute (API)-ASME Code for Unfired Vessels for Petroleum Liquids and 
Gases applicable at the date of manufacture of the container. This 
waiver does not

[[Page 75740]]

apply to containers that are required to be removed from service 
because they have passed their useful life due to corrosion, mechanical 
damage, or lack of a nameplate.
    Contact: Danielle Schopp, Office of Environment and Energy, Office 
of Community Planning and Development, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 7250, Washington, DC 20410-7000, 
telephone number 202-402-4442.

     Regulation: 24 CFR 58.22(a)
    Project/Activity: Catholic Community Services of Utah submitted an 
application for building rehabilitation, operating costs and supportive 
services for St. Mary's/Marillac House in Salt Lake City, Utah. The 
project provides 70 treatment beds, office and treatment spaces to 
accommodate clients and 47 staff members and site improvements, 
including outdoor playground areas. Catholic Community Services 
committed nonfederal funds by executing a construction contract, an 
action that limits the choice of reasonable alternatives, before 
receiving an approved Request for Release of Funds.
    Nature of Requirement: HUD's regulation at 24 CFR 58.22(a) requires 
that an environmental review be performed and a request for release of 
funds be completed and certified prior to the commitment of non-HUD 
funds to a project using HUD funds.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 1, 2008.
    Reason Waived: The waiver was granted based on the following 
findings: the project furthered the objective of providing much needed 
housing for homeless individuals and families; no HUD funds were 
committed, and an environmental assessment and several site visits by 
HUD staff concluded that the granting of the waiver would not result in 
any adverse environmental impact.
    Contact: Danielle Schopp, Office of Environment and Energy, Office 
of Community Planning and Development, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 7250, Washington, DC 20410-7000, 
telephone number 202-402-4442.
     Regulation: 24 CFR 91.115(c)(2).
    Project/Activity: The State of Iowa to waive 24 CFR 91.115(c)(2).
    Nature of Requirement: The provisions of 24 CFR 91.115(c)(2) 
require that a minimum of 30 days be allowed for public comment 
following a substantial amendment to the Consolidated Plan.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 22, 2008.
    Reason Waived: A reduced public comment period allowed the State to 
implement the amendment to the 2008 Method of Distribution (MOD) and 
annual action plan expeditiously and enabled the State to provide 
assistance to affected units of general local governments for disaster 
recovery in a timely manner. The State's proposed amendment to 
reallocate recaptured funds or uncommitted funds for their current 
program year will provide the State with additional flexibility to 
address urgent needs in the transition period until supplemental 
funding becomes available.
    Contact: Diane Lobasso, Director, State and Small Cities Division, 
Office of Block Grant Assistance, Office of Community Planning and 
Development, Department of Housing and Urban Development, Room 7184, 
451 7th Street, SW., Washington, DC 20410-7000, telephone number 202-
708-1322.
     Regulation: 24 CFR 91.115(i).
    Project/Activity: The State of Iowa Community Development Block 
Grant Program.
    Nature of Requirement: Section 91.115(i) of HUD's regulations in 24 
CFR part 91 requires the State to follow its citizen participation 
plan.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 28, 2008.
    Reason Waived: This waiver, in conjunction with the waiver of 24 
CFR 91.115(c)(2), allowed the State of Iowa to amend its action plan to 
reallocate recaptured funds or uncommitted funds for the current 
program year and provided the State with additional flexibility to 
address urgent needs in the transition period until supplemental 
funding becomes available.
    Contact: Diane Lobasso, Director, State and Small Cities Division, 
Office of Block Grant Assistance, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7184, Washington, DC 20410-7000, telephone number 
202-402-2191.
     Regulation: 24 CFR 91.325(b)(4)(ii).
    Project/Activity: The State of Iowa's Community Development Block 
Grant Program.
    Nature of Requirement: Section 91.325(b)(4)(ii) of HUD's 
regulations in 24 CFR part 91 requires a certification that the State 
has complied with the criterion that the aggregate use of CDBG funds, 
including Section 108 guaranteed loans, during a period specified by 
the State, consisting of one, two, or three specific consecutive 
program years, shall principally benefit low and moderate income 
families in a manner that ensures that at least 70 percent of the 
amount is expended for activities that benefit such persons during the 
designated period.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 28, 2008.
    Reason Waived: This waiver allowed the State of Iowa to change its 
certification of compliance with this requirement retroactively, if the 
State so chooses, to a three-year period. This waiver also allowed the 
state to effectively ``front-load'' the overall 70% calculation which, 
in turn, allowed the state to use a higher percentage of funds for 
activities that meet the urgent need or slum/blight national objectives 
in year one. Nonetheless, HUD encouraged the State to maximize the 
amount of funding for activities that benefit low- and moderate-income 
persons.
    Contact: Diane Lobasso, Director, State and Small Cities Division, 
Office of Block Grant Assistance, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7184, Washington, DC 20410-7000, telephone number 
202-402-2191.

     Regulations: 24 CFR 92.300(a)(1).
    Project/Activity: The State of Washington requested a waiver of the 
HOME final rule to allow it to provide HOME CHDO (community housing 
development organization) set-aside funds to a limited liability 
company (LLC) that has a qualified CHDO as its sole managing partner in 
order to purchase and renovate affordable rental housing in downtown 
Spokane.
    Nature of Requirement: The HOME regulations at 24 CFR 92.300(a)(1) 
permits a participating jurisdiction to award CHDO set-aside funds to 
limited partnerships that include a qualified CHDO as the managing 
partner. LLCs are not an allowable form of CHDO project ownership in 
the HOME Regulation.
    Granted by: Nelson R. Bregon, General Deputy Assistant Secretary 
for Community Planning and Development.
    Date Granted: September 2, 2008.
    Reasons Waived: Spokane Housing Ventures (SHV) is a local nonprofit 
organization that is designated as a CHDO by the City. The waiver was 
granted so that SHV could purchase and renovate the Bel Franklin 
Apartments in downtown Spokane; the financing is to include HOME CHDO 
set-aside funds and Low-Income Housing Tax Credits

[[Page 75741]]

(LIHTC). To facilitate the LIHTC financing, SHV formed the Bel Franklin 
Apartments LLC (LLC); SHV is the sole member of the LLC with 100 
percent ownership of the project. The City wished to provide HOME CHDO 
set-aside funds to the LLC. LLCs are not an allowable form of CHDO 
project ownership in the HOME regulation. The PJ, the CHDO and the LLC 
agreed that SHV is to be the sole managing member of the Bel Franklin 
Apartments LLC when the tax credit investors are brought into the 
transaction and will have effective project control over its operation. 
Ownership is to revert to SHV at the end of the 15-year tax compliance 
period. SHV also is to serve as the project developer and property 
manager. Both SHV and the LLC are bound by the provisions of the HOME 
regulations and the partnership operating agreement.
    Contact: Virginia Sardone, Deputy Director, Office of Affordable 
Housing Programs, Office of Community Planning and Development, 
Department of Housing and Urban Development, 451 7th Street SW., Room 
7154, Washington, DC 20410-7000, telephone number 202-708-2470.

     Regulation: 24 CFR 570.208(a)(3).
    Project/Activity: Orange County, California.
    Nature of Requirement: Section 570.208(a)(3) of HUD's regulations 
in 24 CFR part 570 provide that in order to meet the criteria for the 
national objective of low- and moderate-income housing activities, two 
or more rental buildings, under common ownership and management and on 
the same or contiguous properties, may be treated as a single 
structure.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 22, 2008.
    Reason Waived: The Aliso Meadows Condominium complex is comprised 
of 248 units in 62 buildings. These units are occupied by a combination 
of owners and renters. The regulation only addresses rental buildings. 
The waiver was granted because this complex is primarily occupied by 
low- and moderate-income households and the complex is one of the few 
affordable housing developments in the city of Laguna Hills, a 
participant in the Orange County CDBG program. Also, without CDBG 
assistance this complex would become a blighting influence in the 
community.
    Contact: Mr. Steve Johnson, Director, Entitlement Communities 
Division, Office of Community Planning and Development, Department of 
Housing and Urban Development, 451 7th Street, SW., Room 7282, 
Washington, DC 20410-7000, telephone number 202-402-4548.

     Regulation: 24 CFR 570.308(a).
    Project/Activity: The city of Hammonton, NJ, elected to accept its 
status as an entitlement community and desired a joint agreement with 
Atlantic County, NJ to plan and implement a joint housing and community 
development program.
    Nature of Requirement: Communities that have been designated as a 
metropolitan city by OMB may accept or decline their status. A city or 
town such as Hammonton that accepts its status may enter into a joint 
agreement with an urban county, but it may only do so when the county 
is seeking a three-year requalification as an urban county. Atlantic 
County is currently entering into its third year of qualification for 
FYs 2007-2009 and will requalify as an urban county in 2009 for FYs 
2010-2012.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: September 25, 2008.
    Reason Waived: Hammonton is only allowed by regulation to spend 
$30,000 on administrative expenses, which is insufficient to begin and 
administer a separate CDBG program. In addition, Hammonton does not 
have the available resources to prepare the CDBG application and 
reporting documentation, such as the citizen participation plan, 
Consolidated Plan/Action Plan, fair housing analysis, and Consolidated 
Annual Performance and Evaluation Report. Finally, Hammonton staff does 
not have the skills to conduct transaction in HUD's Integrated 
Disbursement and Information System, which is necessary for successful 
CDBG program administration. Atlantic County is willing to provide 
Hammonton with administrative services and fully supports Hammonton's 
request for a waiver of 24 CFR 570.308(a).
    Contact: Gloria Coates, Entitlement Communities Division, Office of 
Block Grant Assistance, Office of Community and Planning Development, 
451 7th Street, SW., Room 7282, Washington, DC 20410-7000, telephone 
number 202-708-1577.

     Regulation: 24 CFR 570.483(b)(4)(iv)(A)(1).
    Project/Activity: The State of Iowa's Community Development Block 
Grant Program.
    Nature of Requirement: Section 570.483(b)(4)(iv)(A)(1) of HUD's 
regulations in 24 CFR part 570 requires that for the purpose of 
determining whether a job is held by or made available to a low or 
moderate income person, the person may be presumed to be a low or 
moderate income person if he/she resides within a census tract (or 
block numbering area) or meets other criteria as mentioned in the 
regulation.
    Granted By: Susan D. Peppler, Assistant Secretary for Community and 
Planning Development.
    Date Granted: August 28, 2008.
    Reason Waived: This waiver was granted and modified the criteria 
for locations in which a person may be presumed to be low or moderate 
income. The impact of the disaster on the State's economy (and on 
individual businesses) was so severe that, absent substantial evidence 
to the contrary, the State was reasonable in presuming that jobs would 
actually be lost from businesses that have been put out of operation or 
whose continued operation is endangered. The Housing and Community 
Development Act describes certain situations in which jobs may be 
presumed to principally benefit low- and moderate-income persons. The 
degree of socioeconomic and physical distress that exists in many Iowa 
communities was functionally equivalent to the degree of distress 
recognized by the statutory criteria allowing such presumptions.
    Contact: Diane Lobasso, Director, State and Small Cities Division, 
Office of Block Grant Assistance, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7184, Washington, DC 20410-7000, telephone number 
202-402-2191.

     Regulation: 24 CFR 570.483(b)(4)(v).
    Project/Activity: The State of Iowa's Community Development Block 
Grant Program.
    Nature of Requirement: Section 570.483(b)(4)(v) of HUD's 
regulations provides that a census tract (or block numbering area) 
qualifies for certain presumptions under paragraphs (b)(4)(iv)(A)(1) 
and (B) of the regulations if it is either part of a Federally-
designated Empowerment Zone or Enterprise Community or meets other 
criteria.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 28, 2008.
    Reason Waived: This waiver was granted and modified the criteria 
for locations in which a person may be presumed to be low or moderate 
income. The impact of the disaster on the State's economy (and on 
individual

[[Page 75742]]

businesses) was so severe that, absent substantial evidence to the 
contrary, the State was reasonable in presuming that jobs would 
actually be lost from businesses that have been put out of operation or 
whose continued operation is endangered. The Housing and Community 
Development Act describes certain situations in which jobs may be 
presumed to principally benefit low- and moderate-income persons. The 
degree of socioeconomic and physical distress that exists in many Iowa 
communities was functionally equivalent to the degree of distress 
recognized by the statutory criteria allowing such presumptions.
    Contact: Diane Lobasso, Director, State and Small Cities Division, 
Office of Block Grant Assistance, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7184, Washington, DC 20410-7000, telephone number 
202-402-2191.

     Regulation: 24 CFR 570.484.
    Project/Activity: The State of Iowa's Community Development Block 
Grant Program.
    Nature of Requirement: Section 570.484 of HUD's regulations 
requires the State to certify that, in the aggregate, not less than 70 
percent of CDBG funds received by the State during a period specified 
by the State, not to exceed three years, will be used for activities 
that benefit persons of low and moderate income.
    Granted By: Susan D. Peppler, Assistant Secretary for Community 
Planning and Development.
    Date Granted: August 28, 2008.
    Reason Waived: This waiver allowed the State of Iowa to change its 
certification of compliance with this requirement, retroactively if the 
State so chooses, to a three-year period. This waiver also allowed the 
State to effectively ``front-load'' the overall 70% calculation which 
allowed the state to use a higher percentage of funds for activities 
that meet the urgent need for slum/blight national objectives in year 
one. Nonetheless, HUD encouraged the State to maximize the amount of 
funding for activities that benefit low- and moderate-income persons.
    Contact: Diane Lobasso, Director, State and Small Cities Division, 
Office of Block Grant Assistance, Office of Community Planning and 
Development, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 7184, Washington, DC 20410-7000, telephone number 
202-402-2191.

II. Regulatory Waivers Granted by the Office of Housing-Federal Housing 
Administration (FHA)

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows the 
description of the waiver granted.

     Regulation: 24 CFR 203.43f.
    Project/Activity: State of Louisiana.
    Nature of Requirement: Section 203.43f of HUD's regulations in 24 
CFR part 203 authorizes the insuring of manufactured homes built 
pursuant to the National Manufactured Home Construction and Safety 
Standards and meeting certain other requirements set forth therein. 
Among the requirements in Section 203.43f(c)(i) manufactured homes 
which have not been permanently sited for more than one year prior to 
the date of application for mortgage insurance must have the finished 
grade beneath the manufactured home at or above the 100 year return 
frequency flood elevation. Section 203.43f(d)(ii) provides that 
manufactured homes which have been permanently erected on a site for 
more than one year prior to the date of application for mortgage 
insurance must have the finished grade level beneath the manufactured 
home at or above the 100 year return frequency flood elevation.
    Granted By: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 1, 2008.
    Reason Waived: The waiver was granted to permit the placement of 
FHA mortgage insurance on manufactured homes installed in the Federal 
Emergency Management Agency-designated flood plains in accordance with 
the National Flood Insurance Program installation requirements for 
manufactured homes found at 44 CFR 60.3(c)(6) or 44 CFR 60.3(c)(12). 
The waiver of the regulations required that the lowest floor of the 
manufactured home to be at or above the 100 year return frequency flood 
elevation for the purpose of not violating any statutory requirements. 
Accordingly, the waiver permits the placement of FHA mortgage insurance 
on manufactured homes sited in the State of Louisiana, in flood 
designated areas with the lowest floor at or above the 100 year return 
frequency, and otherwise conforming with HUD requirements for Title II, 
Section 203(b) financing of manufactured homes.
    Contact: Joanne B. Kuczma, Director, Home Mortgage Insurance 
Division, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 9266, Washington, DC 20410-8000, 
telephone number 202-708-2121.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Pinelake Village Cooperative, Ann Arbor, 
Michigan--FHA Project Number 044-44290. The property is a 129-unit 
cooperative which requires renovations to continue as a well-maintained 
source of affordable housing. Refinancing will provide sufficient funds 
for needed capital improvements at the property.
    Nature of Requirement: Section 219.220(b) of HUD's regulations in 
24 CFR part 219 governs the repayment of operating assistance provided 
under the Flexible Subsidy Program for Troubled Projects prior to May 
1, 1996 states: ``Assistance that has been paid to a project owner 
under this subpart must be repaid at the earlier of the expiration of 
the term of the mortgage, termination of these actions would typically 
terminate FHA involvement with the property, and the Flexible Subsidy 
loan would be repaid, in whole, at that time.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 21, 2008.
    Reason Waived: This waiver was granted to preserve this much needed 
affordable housing. Pinelake Village is a 129-unit Section 236 property 
with a flexible subsidy loan. Eighty one units receive Section 8 
project based rental assistance. Providing this waiver allowed the 
owner to prepay the existing mortgage, obtain financing to perform 
substantial rehabilitation of the property and allow the amortization 
of the flexible subsidy loan with the new mortgage.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: St. Patrick's Terrace, Oakland, California--FHA 
Project Number 121-44816. The owner/managing agent is requesting a 
deferral of the repayment of the Flexible Subsidy loan. Major 
rehabilitation is needed at the project.
    Nature of Requirement: Section 219.220(b) of HUD's regulations in 
24 CFR part 219 governs the repayment of operating assistance provided 
under the Flexible Subsidy Program for Troubled Projects prior to May 
1, 1996 states: ``Assistance that has been paid to a project owner 
under this subpart must be repaid at the earlier of the expiration of 
the term of the mortgage, termination

[[Page 75743]]

of these actions would typically terminate FHA involvement with the 
property, and the Flexible Subsidy loan would be repaid, in whole, at 
that time.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 27, 2008.
    Reason Waived: The property owner was granted the waiver of the 
regulations which required repayment of the operating assistance loans 
in order to defer repayment of the Flexible Subsidy loan and preserve 
the long-term affordability of the project. This waiver allowed the 
property to undergo major rehabilitation. The owner is to refinance the 
insured mortgage with a non-insured lender, and amortize the flexible 
subsidy debt over the new mortgage term. A new Use Agreement is to be 
recorded in first position ahead of any new financing and rents will be 
affordable for 55 years.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: St. Andrew's Manor, Oakland, California--FHA 
Project Number 121-44818. The owner/managing agent is requesting a 
deferral of the repayment of the Flexible Subsidy loan. Major 
rehabilitation is needed at the project.
    Nature of Requirement: Section 219.220(b) of HUD's regulations in 
24 CFR part 219 governs the repayment of operating assistance provided 
under the Flexible Subsidy Program for Troubled Projects prior to May 
1, 1996 states: ``Assistance that has been paid to a project owner 
under this subpart must be repaid at the earlier of the expiration of 
the term of the mortgage, termination of these actions would typically 
terminate FHA involvement with the property, and the Flexible Subsidy 
loan would be repaid, in whole, at that time.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 28, 2008.
    Reason Waived: The property owner was granted the waiver of the 
regulations which required repayment of the operating assistance loans 
in order to defer repayment of the Flexible Subsidy loan and preserve 
the long-term affordability of the project. This waiver allowed the 
property to undergo major rehabilitation. The owner proposes to 
refinance the insured mortgage with a non-insured lender, and amortize 
the flexible subsidy debt over the new mortgage term. A new Use 
Agreement is to be recorded in first position ahead of any new 
financing and rents will be affordable for 55 years.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 266.638(d).
    Project/Activity: Villa St. Maurice, New Orleans, LA--FHA Project 
Number 064-98016, Villa Additions, New Orleans, LA--FHA Project Number 
064-98017, St. Bernard I--Meraux, LA--FHA Project Number 064-98012, St. 
Bernard II--Meraux, LA--FHA Project Number 064-98013, St. Martin 
Manor--FHA Project Number 064-98014, and St. Martin House--FHA Project 
Number 064-98015. The projects were destroyed by Hurricane Katrina in 
August 2005. HUD agreed to allow an 18-month suspension of debenture 
interest accrual.
    Nature of Requirement: Under HUD's regulation at 24 CFR 266.638(d), 
the housing finance agency (HFA) debenture shall bear interest at HUD's 
published debenture at the earlier of initial endorsement or final 
endorsement. Interest shall be due and payable annually on the 
anniversary date of the initial claim payment and on the date of 
redemption when redeemed or canceled before an anniversary date. 
Interest shall be computed on the full face amount of the HFA debenture 
through the term of the HFA debenture.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 19, 2008.
    Reason Waived: This waiver allowed full refinancing for the 
reconstruction of the projects. The owner's history of successfully 
settling Risk Sharing claims on 5 properties resulted in the full 
redemption of the Louisiana HFA debentures. This included currently 
accrued interest and will assure concrete plans are in place to 
refinance the remaining 6 properties as well.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-7000, telephone number 
202-708-3730.

     Regulation: 24 CFR 290.30(a).
    Project/Activity: Kimberly Parkway (a/k/a Marsh Run) Columbus, 
Ohio--FHA Project Number 043-35369. The insured loan on this property 
went into default and was assigned to HUD in August 2007. Waiver of 
this regulation would allow the Columbus Metropolitan Housing Authority 
to purchase this defaulted unsubsidized mortgage loan on a 
noncompetitive basis.
    Nature of Requirement: HUD's regulations governing the sale of HUD-
held mortgages are set forth in 24 CFR part 290, subpart B. Section 
290.30(a) of those regulations state that ``[e]xcept as otherwise 
provided in section 290.31(a)(2), HUD will sell HUD-held multifamily 
mortgages on a competitive basis.'' Section 290.31(a)(2) permits 
``negotiated'' sales to state or local governments for mortgage loans 
that are current and secured by subsidized projects, provided such 
loans are sold with FHA insurance.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 18, 2008.
    Reason Waived: This regulation was waived in order to allow the 
sale of Kimberly Parkway and to prevent foreclosure of the property. 
Foreclosure would have terminated the free lunch program, child care 
for working parents, job training and search services and other 
services at the project, causing a hardship for the tenants who live in 
this economically distressed area of Columbus. Seventy percent of 
residents are very low-income. All residents receive rental assistance 
through Section 8 housing vouchers. The assistance will continue after 
the mortgage is sold to the Columbus Metropolitan Housing Authority.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-7000, telephone number 
202-708-3730.

     Regulation: 24 CFR 290.30(a).
    Project/Activity: Bethany Homes, New Orleans, Louisiana--FHA 
Project Number 064-43051. The project is unsubsidized and in default. 
Since the Department seeks to sell the note, a waiver of this 
regulation was requested by the Fort Worth Multifamily Hub.
    Nature of Requirement: HUD's regulations governing the sale of HUD-
Held mortgages are set forth in 24 CFR part 290, subpart B. Section 
290.30(a) of those regulations state that ``[e]xcept as otherwise 
provided in section 290.31(a)(2), HUD will sell HUD-Held multifamily 
mortgages on a competitive basis.'' Section 290.31(a)(2) permits 
``negotiated'' sales to state or local governments for mortgage loans 
that are

[[Page 75744]]

current and secured by subsidized projects, provided such loans are 
sold with FHA insurance.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 18, 2008.
    Reason Waived: This regulation was waived in order to allow the 
noncompetitive sale of Bethany Homes and to prevent foreclosure of the 
property. Waiver of this requirement would produce budget savings by 
generating proceeds to the U.S. Treasury and reduce the number of loans 
in the HUD-held mortgage inventory.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 290.30(a).
    Project/Activity: Malta Square, New Orleans, Louisiana--FHA Project 
Number 064-43079. This property is an independent care and assisted 
living facility which has been vacant since September 2005 when it was 
flooded during Hurricane Katrina.
    Nature of Requirement: HUD's regulations governing the sale of HUD-
Held mortgages are set forth in 24 CFR part 290, subpart B. Section 
290.30(a) of those regulations state that ``[e]xcept as otherwise 
provided in section 290.31(a)(2), HUD will sell HUD-Held multifamily 
mortgages on a competitive basis.'' Section 290.31(a)(2) permits 
``negotiated'' sales to state or local governments for mortgage loans 
that are current and secured by subsidized projects, provided such 
loans are sold with FHA insurance.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 18, 2008.
    Reason Waived: This regulation was waived in order to allow the 
noncompetitive sale of Malta Square and prevent foreclosure of the 
property. Waiver of this requirement would produce budget savings by 
generating proceeds to the U.S. Treasury and reduce the number of loans 
in the HUD-held mortgage inventory.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 5.655(b)(5).
    Project/Activity: Tumbleweed Apartments, Lyons, Kansas--FHA Project 
Number 102-35164V and W. This 16-unit project is experiencing 
difficulty in leasing units to qualified families of two or more 
individuals.
    Nature of Requirement: Section 5.655(b)(5) of HUD's regulations in 
24 CFR part 5 applies to Section 8 project based assistance program 
requirements for selection for occupancy of a project or unit. Housing 
assistance limitation for single persons--a single person who is not an 
elderly or displaced person, a person with disabilities, or the 
remaining member of a resident family may not be provided a housing 
unit with two or more bedrooms.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 22, 2008.
    Reason Waived: This waiver was granted because of the project's 
difficulty in locating potential qualified occupants. Management had 
exhausted all reasonable marketing efforts, including advertising 
locally continually in the Lyons Daily News, as well as distributing 
flyers locally. This waiver allowed admission of single adults who are 
otherwise eligible and qualified for occupancy in these two-bedroom 
units. The owner will be able to maintain full occupancy and the 
project will not fail.
    Contact: Beverly J. Miller, Director, Office of Asset Management, 
Office of Housing, Department of Housing and Urban Development, 451 7th 
Street, SW., Room 6160, Washington, DC 20410-8000, telephone number 
202-708-3730.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Lakeview Properties, Baltimore, MD, Project 
Number: 052-HD071/MD06-Q051-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to initial 
closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 10, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Carlsbad Senior Community, Carlsbad, NM, Project 
Number: 116-EE040/NM16-S061-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advcance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 10, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and GrantAdministration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Deneki House, Wasilla, AK, Project Number: 176-
HD028/AK06-Q061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advcance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 10, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Princeton Manor, Florida City, FL, Project 
Number: 066-EE103/FL29-S041-006.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advcance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 18, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant

[[Page 75745]]

 Administration, Office of Housing, Department of Housing and Urban 
Development, 451 7th Street, SW., Room 6130, Washington, DC 20410-8000, 
telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Golden Age Apartments, Pine Bluff, AR, Project 
Number: 082-EE177/AR37-S061-004.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advcance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 28, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Penelope 35-II Apartments, Bloomington, MN, 
Project Number: 092-EE127/MN46-S071-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: July 30, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Cornerstone Homes, New Orleans, LA, Project 
Number: 064-EE167/LA48-S041-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 5, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Waynedale II Apartment, Fort Wayne, IN, Project 
Number: 073-HD084/IN36-Q071-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 6, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Hawkins House Apartments, Lake Stevens, WA, 
Project Number: 127-EE059/WA19-S061-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 7, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Bayou LaBatre VOA Elderly Housing, Incorporated, 
Bayou LaBatre, AL, Project Number: 062-EE082/AL09-S061-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 8, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Vista Gallinas Apartments, Las Vegas, NM, Project 
Number: 116-HD030/NM16-Q061-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 13, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: TELACU-El Paseo, Riverside, CA, Project Number: 
143-EE064/CA43-Q061-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 14, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.


[[Page 75746]]


     Regulation: 24 CFR 891.100(d).
    Project/Activity: Community Homes of Bismarck, Bismarck, ND, 
Project Number: 094-HD015/ND99-Q061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 15, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Rockland Street Elderly Housing, Roxbury, MA, 
Project Number: 023-EE206/MA06-S061-005.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 16, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Ken-Crest PA 2006, Philadelphia, PA, Project 
Number: 034-HD093/PA26-Q061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 18, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Oasis de Amor, Patillas, PR, Project Number: 056-
HD032/RQ46-Q061-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 25, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

      Regulation: 24 CFR 891.100(d).
    Project/Activity: La Casa de Dona Here, Mayaguez, PR, Project 
Number: 056-HD028/RQ46-Q051-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 25, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Community Options Eleanor, Howell Twp, NJ, 
Project Number: 031-HD148/NJ39-Q061-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 26, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Golden Plains II, Garden City, KS, Project 
Number: 102-HD039/KS16-Q071-003.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 4, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: SHDC No. 12, Kailua Kona, HI, Project Number: 
140-HD030/HI10-Q041-001.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 5, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Lovejoy Road, North Andover, MA, Project Number: 
023-HD220/MA06-Q051-001.

[[Page 75747]]

    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 8, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 
20410-8000, telephone number 202-708-3000.

     Regulation: 24 CFR 891.100(d).
    Project/Activity: Valley Affordable, Warwick, RI, Project Number: 
016-EE059/RI43-S051-002.
    Nature of Requirement: Section 891.100(d) prohibits amendment of 
the amount of the approved capital advance funds prior to closing.
    Granted by: Brian D. Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: September 9, 2008.
    Reason Waived: The project is economically designed and comparable 
in cost to similar projects in the area, and the sponsor/owner 
exhausted all efforts to obtain additional funding from other sources.
    Contact: Willie Spearmon, Director, Office of Housing Assistance 
and Grant Administration, Office of Housing, Department of Housing and 
Urban Development, 451 7th Stree