Additional Waiver Granted for the State of New York's CDBG Disaster Recovery Grants-The Drawing Center, 52340-52341 [2011-21418]
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Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5554–N–01]
Additional Waiver Granted for the State
of New York’s CDBG Disaster
Recovery Grants—The Drawing Center
Office of the Assistant
Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
AGENCY:
This notice advises the public
of an additional waiver applicable to the
Community Development Block Grant
(CDBG) disaster recovery grants
provided to the State of New York for
the purpose of assisting in the recovery
from the September 11, 2001, terrorist
attacks on New York City. As described
in the SUPPLEMENTARY INFORMATION
section of this notice, HUD is authorized
by statute and regulations to waive
statutory and regulatory requirements
and specify alternative requirements for
this purpose upon the request of the
grantee. HUD previously published
Federal Register notices applicable to
these grants on January 28, 2002,
February 7, 2002, March 18, 2002, May
22, 2002, May 16, 2003, and April 12,
2004.
DATES: Effective Date: August 29, 2011.
FOR FURTHER INFORMATION CONTACT:
Scott Davis, Director, Disaster Recovery
and Special Issues Division, Office of
Block Grant Assistance, Department of
Housing and Urban Development, 451
7th Street, SW., Room 7286,
Washington, DC 20410, telephone
number 202–708–3587. Persons with
hearing or speech impairments may
access this number via TTY by calling
the Federal Information Relay Service at
800–877–8339. Facsimile inquiries may
be sent to Mr. Davis at 202–401–2044.
(Except for the ‘‘800’’ number, these
telephone numbers are not toll-free.)
SUPPLEMENTARY INFORMATION:
SUMMARY:
jlentini on DSK4TPTVN1PROD with NOTICES
Authority To Grant Waivers
The three grants covered by this
Notice are governed by the fifth proviso
under the 2001 Emergency
Supplemental Appropriations Act for
Recovery from and Response to
Terrorist Attacks on the United States
(Pub. L. 107–38, approved September
18, 2001); by section 434 of title IV of
the Departments of Veterans Affairs and
Housing and Urban Development, and
Independent Agencies Appropriations
Act, 2002 (Pub. L. 107–73, approved
November 26, 2001 (Fiscal Year (FY)
2002 HUD Appropriations Act); by
chapter 13 of division B of the
Department of Defense and Emergency
VerDate Mar<15>2010
17:16 Aug 19, 2011
Jkt 223001
Supplemental Appropriations for
Recovery From and Response to
Terrorist Attacks on the United States
Act, 2002 (Pub. L. 107–117, approved
January 10, 2002) (FY 2002 Department
of Defense Appropriation); and by
chapter 13 of title II of the 2002
Supplemental Appropriations Act for
Further Recovery From and Response to
Terrorist Attacks on the United States
(Pub. L. 107–206, approved August 2,
2002) (FY 2002 Recovery and Response
to Terrorist Attacks Supplemental).
The third proviso of section 434 of the
FY 2002 HUD Appropriations Act and
the fourth proviso of the FY 2002
Recovery and Response to Terrorist
Attacks Supplemental authorize the
Secretary to waive, or specify alternative
requirements for, any provision of any
statute or regulation that the Secretary
administers in connection with the
obligation by the Secretary or use by the
recipient of these grant funds, except for
requirements related to fair housing,
nondiscrimination, labor standards, and
the environment, upon a finding that
such waiver is required to facilitate the
use of such funds.
Waiver Justification
Upon a request from the State of New
York, this notice waives 42 U.S.C.
5305(a)(2) to the extent necessary to
allow for an additional eligible activity:
retirement of short-term debt service for
costs incurred in the amount not to
exceed $2,000,000, by The Drawing
Center, a Lower Manhattan-based
nonprofit organization, for the
expansion of its site at 35 Wooster
Street, New York, NY 10013. With this
waiver, the short-term debt will not be
forgiven, but will be fully retired. No
portion of this debt was incurred prior
to the supplemental appropriation to the
State of New York under the
Community Development Block Grant
Disaster Recovery Program. When the
space adjacent to The Drawing Center’s
existing facility recently became
available, the organization purchased it
with a short-term commercial loan. Due
to the extraordinarily fast and
competitive nature of the Lower
Manhattan real estate market and the
cost savings experienced with
expansion of the existing facility into an
adjacent site rather than relocation or
new construction at a new site, HUD has
considered this request and finds that
the retirement of the short-term debt
presents a cost savings versus the
alternative of expansion into a new
facility that is not adjacent to the
existing facility. Further, the expanded
facility would provide space for
educational and public programs and
expand gallery space which provides for
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
public benefit. The following waiver
(together with previously granted
waivers and alternative requirements) is
necessary to facilitate the use of these
funds. HUD also agrees that it is
consistent with the overall purposes of
the Housing and Community
Development Act of 1974 and the
Cranston-Gonzalez National Affordable
Housing Act, as amended.
Applicable Rules, Statutes, Waivers,
and Alternative Requirements
1. Expiration of waivers and
alternative requirements. In Federal
Register notices published on January
28, 2002 (67 FR 4164), February 7, 2002
(67 FR 5845), March 18, 2002 (67 FR
12042), May 22, 2002 (67 FR 36017),
May 16, 2003 (68 FR 26640), and April
12, 2004 (69 FR 19211), the Department
promulgated waivers and alternative
requirements necessary to facilitate the
use of $700 million in disaster recovery
funds awarded to New York’s Empire
State Development Corporation and $2.0
billion and $783 million awarded to
New York’s Lower Manhattan
Development Corporation. In
combination with today’s waiver, these
waivers and alternative requirements
will be in effect until all CDBG disaster
recovery funds have been expended and
the grants have been officially closed.
2. Applicability of State CDBG
requirements. Except for those waivers
and alternative requirements published
in prior notices and this notice,
statutory and regulatory provisions
governing the Community Development
Block Grant program for states,
including those at 24 CFR subpart I,
shall apply to the use of these funds.
3. Retirement of short-term debt
service. 42 U.S.C. 5305(a)(2) and the
implementing regulation at 24 CFR
570.482(a) are waived to the extent
necessary to allow for an additional
eligible activity: retirement of short-term
debt service for costs incurred by The
Drawing Center, for the expansion of its
site at 35 Wooster Street, New York, NY
10013.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic
Assistance numbers for the disaster
recovery grants under this notice are as
follows: 14.218; 14.228.
Finding of No Significant Impact
A Finding of No Significant Impact
(FONSI) with respect to the
environment has been made in
accordance with HUD regulations at 24
CFR part 50, which implement section
102(2)(C) of the National Environmental
Policy Act of 1969 (42 U.S.C. 4332). The
FONSI is available for public inspection
E:\FR\FM\22AUN1.SGM
22AUN1
Federal Register / Vol. 76, No. 162 / Monday, August 22, 2011 / Notices
between 8 a.m. and 5 p.m. weekdays in
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, Room
10276, 451 7th Street, SW., Washington,
DC 20410–0500. Due to security
measures at the HUD Headquarters
building, an advance appointment to
review the docket file must be
scheduled by calling the Regulations
Division at 202–708–3055 (this is not a
toll-free number). Hearing or speechimpaired individuals may access this
number through TTY by calling the tollfree Federal Relay Service at 800–877–
8339.
Dated: July 29, 2011.
´
Mercedes Marquez,
Assistant Secretary, Community Planning and
Development.
[FR Doc. 2011–21418 Filed 8–19–11; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
Privacy Act of 1974, as amended;
Notice of a New System of Records
Office of the Secretary, Interior.
Notice of Creation of a New
Privacy Act System of Records.
AGENCY:
ACTION:
Pursuant to the provisions of
the Privacy Act of 1974, as amended,
the Department of the Interior is issuing
a public notice of its intent to create the
Office of the Secretary ‘‘Debarment and
Suspension Program’’ system of records.
The system contains information
including, but not limited to, names and
addresses of business entities,
organizations and individuals covered
by the system of records, evidence and
information obtained in support of
Action Referral Memoranda and Case
Closure Memoranda, action
determinations, administrative
agreements, and monitoring reviews of
debarment or suspension administrative
agreements. This newly established
system will be included in the
Department of the Interior’s inventory of
record systems.
DATES: Comments must be received by
October 3, 2011. This new system will
be effective October 3, 2011.
ADDRESSES: Any person interested in
commenting on this notice may do so
by: submitting comments in writing to
the OS/NBC Privacy Act Officer, Office
of the Secretary, U.S. Department of the
Interior, 1951 Constitution Avenue,
NW., Mail Stop 116 SIB, Washington,
DC 20240; hand-delivering comments to
the OS/NBC Privacy Act Officer, Office
jlentini on DSK4TPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:16 Aug 19, 2011
Jkt 223001
of the Secretary, U.S. Department of the
Interior, 1951 Constitution Avenue,
NW., Mail Stop 116 SIB, Washington,
DC 20240; or e-mailing comments to
privacy@nbc.gov.
FOR FURTHER INFORMATION CONTACT:
Karen Burke, OS/NBC Privacy Act
Officer, Office of the Secretary, U.S.
Department of the Interior, 1951
Constitution Avenue, NW., Mail Stop
116 SIB, Washington, DC 20240.
SUPPLEMENTARY INFORMATION:
I. Background
The Department of the Interior (DOI)
maintains the Debarment and
Suspension Program system of records.
The primary purpose of this system of
records is to assist DOI in conducting
and documenting debarment and
suspension proceedings to ensure that
Federal procurements and Federal
discretionary assistance, loans, and
benefits are awarded to presently
responsible business entities,
organizations, and individuals.
Additional purposes of the system are:
to promote understanding of the case
decision path and concerns addressed
by the debarring and suspending official
in reaching a decision; to promote the
submission of relevant arguments in
contested cases; to educate the public as
to the kinds of mitigating factors and
remedial measures that demonstrate
present responsibility; and to enhance
the transparency of decision making.
The system will be effective as
proposed at the end of the comment
period (the comment period will end
forty (40) days after the publication of
this notice in the Federal Register)
unless comments are received which
would require a contrary determination.
DOI will publish a revised notice if
changes are made based upon a review
of the comments received.
II. Privacy Act
The Privacy Act of 1974, as amended,
embodies fair information principles in
a statutory framework governing the
means by which Federal Agencies
collect, maintain, use, and disseminate
individuals’ personal information. The
Privacy Act applies to information that
is maintained in a ‘‘system of records.’’
A ‘‘system of records’’ is a group of any
records under the control of an agency
for which information is retrieved by
the name of an individual or by some
identifying number, symbol, or other
identifying particular assigned to the
individual. The Privacy Act defines an
individual as a United States citizen or
lawful permanent resident. As a matter
of policy, DOI extends administrative
Privacy Act protections to all
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
52341
individuals. Individuals may request
access to their own records that are
maintained in a system of records in the
possession or under the control of DOI
by complying with DOI Privacy Act
Regulations, 43 CFR part 2.
The Privacy Act requires each agency
to publish in the Federal Register a
description denoting the type and
character of each system of records that
the agency maintains, the routine uses
that are contained in each system in
order to make agency record keeping
practices transparent, to notify
individuals regarding the uses of their
records, and to assist individuals to
more easily find such records within the
agency. Below is the description of the
DOI Debarment and Suspension
Program system of records.
In a notice of proposed rulemaking,
which is published separately in the
Federal Register, DOI is proposing to
exempt records maintained in this
system from certain provisions of the
Privacy Act pursuant to 5 U.S.C.
552a(k)(2) and (k)(5).
In accordance with 5 U.S.C. 552a(r),
DOI has provided a report of this system
of records to the Office of Management
and Budget and to Congress.
III. Public Disclosure
Before including your address, phone
number, e-mail address, or other
personal identifying information in your
comment, you should be aware that
your entire comment, including your
personal identifying information, may
be made public at any time. While you
can ask us in your comment to withhold
your personal identifying information
from public review, we cannot
guarantee that we will be able to do so.
Dated: August 11, 2011.
Karen Burke,
OS/NBC Privacy Act Officer.
SYSTEM NAME:
Debarment and Suspension Program,
DOI–11
SYSTEM LOCATION:
Office of Acquisition and Property
Management, U.S. Department of the
Interior, 1849 C Street, NW., Mail Code
2607–MIB,Washington, DC 20240.
Records may also be located in files
maintained by the Office of the
Solicitor, Mail Code 6456–MIB, 1849 C
Street, NW., Washington, DC 20240, and
the Office of Inspector General,
Recovery and Oversight Office,
Acquisition Integrity Unit, Department
of the Interior, 1849 C Street, NW., Mail
Stop 4428–MIB, Washington, DC 20240.
E:\FR\FM\22AUN1.SGM
22AUN1
]]>Agencies
[Federal Register Volume 76, Number 162 (Monday, August 22, 2011)]
[Notices]
[Pages 52340-52341]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21418]
[[Page 52340]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5554-N-01]
Additional Waiver Granted for the State of New York's CDBG
Disaster Recovery Grants--The Drawing Center
AGENCY: Office of the Assistant Secretary for Community Planning and
Development, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public of an additional waiver
applicable to the Community Development Block Grant (CDBG) disaster
recovery grants provided to the State of New York for the purpose of
assisting in the recovery from the September 11, 2001, terrorist
attacks on New York City. As described in the SUPPLEMENTARY INFORMATION
section of this notice, HUD is authorized by statute and regulations to
waive statutory and regulatory requirements and specify alternative
requirements for this purpose upon the request of the grantee. HUD
previously published Federal Register notices applicable to these
grants on January 28, 2002, February 7, 2002, March 18, 2002, May 22,
2002, May 16, 2003, and April 12, 2004.
DATES: Effective Date: August 29, 2011.
FOR FURTHER INFORMATION CONTACT: Scott Davis, Director, Disaster
Recovery and Special Issues Division, Office of Block Grant Assistance,
Department of Housing and Urban Development, 451 7th Street, SW., Room
7286, Washington, DC 20410, telephone number 202-708-3587. Persons with
hearing or speech impairments may access this number via TTY by calling
the Federal Information Relay Service at 800-877-8339. Facsimile
inquiries may be sent to Mr. Davis at 202-401-2044. (Except for the
``800'' number, these telephone numbers are not toll-free.)
SUPPLEMENTARY INFORMATION:
Authority To Grant Waivers
The three grants covered by this Notice are governed by the fifth
proviso under the 2001 Emergency Supplemental Appropriations Act for
Recovery from and Response to Terrorist Attacks on the United States
(Pub. L. 107-38, approved September 18, 2001); by section 434 of title
IV of the Departments of Veterans Affairs and Housing and Urban
Development, and Independent Agencies Appropriations Act, 2002 (Pub. L.
107-73, approved November 26, 2001 (Fiscal Year (FY) 2002 HUD
Appropriations Act); by chapter 13 of division B of the Department of
Defense and Emergency Supplemental Appropriations for Recovery From and
Response to Terrorist Attacks on the United States Act, 2002 (Pub. L.
107-117, approved January 10, 2002) (FY 2002 Department of Defense
Appropriation); and by chapter 13 of title II of the 2002 Supplemental
Appropriations Act for Further Recovery From and Response to Terrorist
Attacks on the United States (Pub. L. 107-206, approved August 2, 2002)
(FY 2002 Recovery and Response to Terrorist Attacks Supplemental).
The third proviso of section 434 of the FY 2002 HUD Appropriations
Act and the fourth proviso of the FY 2002 Recovery and Response to
Terrorist Attacks Supplemental authorize the Secretary to waive, or
specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the
obligation by the Secretary or use by the recipient of these grant
funds, except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment, upon a finding
that such waiver is required to facilitate the use of such funds.
Waiver Justification
Upon a request from the State of New York, this notice waives 42
U.S.C. 5305(a)(2) to the extent necessary to allow for an additional
eligible activity: retirement of short-term debt service for costs
incurred in the amount not to exceed $2,000,000, by The Drawing Center,
a Lower Manhattan-based nonprofit organization, for the expansion of
its site at 35 Wooster Street, New York, NY 10013. With this waiver,
the short-term debt will not be forgiven, but will be fully retired. No
portion of this debt was incurred prior to the supplemental
appropriation to the State of New York under the Community Development
Block Grant Disaster Recovery Program. When the space adjacent to The
Drawing Center's existing facility recently became available, the
organization purchased it with a short-term commercial loan. Due to the
extraordinarily fast and competitive nature of the Lower Manhattan real
estate market and the cost savings experienced with expansion of the
existing facility into an adjacent site rather than relocation or new
construction at a new site, HUD has considered this request and finds
that the retirement of the short-term debt presents a cost savings
versus the alternative of expansion into a new facility that is not
adjacent to the existing facility. Further, the expanded facility would
provide space for educational and public programs and expand gallery
space which provides for public benefit. The following waiver (together
with previously granted waivers and alternative requirements) is
necessary to facilitate the use of these funds. HUD also agrees that it
is consistent with the overall purposes of the Housing and Community
Development Act of 1974 and the Cranston-Gonzalez National Affordable
Housing Act, as amended.
Applicable Rules, Statutes, Waivers, and Alternative Requirements
1. Expiration of waivers and alternative requirements. In Federal
Register notices published on January 28, 2002 (67 FR 4164), February
7, 2002 (67 FR 5845), March 18, 2002 (67 FR 12042), May 22, 2002 (67 FR
36017), May 16, 2003 (68 FR 26640), and April 12, 2004 (69 FR 19211),
the Department promulgated waivers and alternative requirements
necessary to facilitate the use of $700 million in disaster recovery
funds awarded to New York's Empire State Development Corporation and
$2.0 billion and $783 million awarded to New York's Lower Manhattan
Development Corporation. In combination with today's waiver, these
waivers and alternative requirements will be in effect until all CDBG
disaster recovery funds have been expended and the grants have been
officially closed.
2. Applicability of State CDBG requirements. Except for those
waivers and alternative requirements published in prior notices and
this notice, statutory and regulatory provisions governing the
Community Development Block Grant program for states, including those
at 24 CFR subpart I, shall apply to the use of these funds.
3. Retirement of short-term debt service. 42 U.S.C. 5305(a)(2) and
the implementing regulation at 24 CFR 570.482(a) are waived to the
extent necessary to allow for an additional eligible activity:
retirement of short-term debt service for costs incurred by The Drawing
Center, for the expansion of its site at 35 Wooster Street, New York,
NY 10013.
Catalog of Federal Domestic Assistance
The Catalog of Federal Domestic Assistance numbers for the disaster
recovery grants under this notice are as follows: 14.218; 14.228.
Finding of No Significant Impact
A Finding of No Significant Impact (FONSI) with respect to the
environment has been made in accordance with HUD regulations at 24 CFR
part 50, which implement section 102(2)(C) of the National
Environmental Policy Act of 1969 (42 U.S.C. 4332). The FONSI is
available for public inspection
[[Page 52341]]
between 8 a.m. and 5 p.m. weekdays in the Regulations Division, Office
of General Counsel, Department of Housing and Urban Development, Room
10276, 451 7th Street, SW., Washington, DC 20410-0500. Due to security
measures at the HUD Headquarters building, an advance appointment to
review the docket file must be scheduled by calling the Regulations
Division at 202-708-3055 (this is not a toll-free number). Hearing or
speech-impaired individuals may access this number through TTY by
calling the toll-free Federal Relay Service at 800-877-8339.
Dated: July 29, 2011.
Mercedes M[aacute]rquez,
Assistant Secretary, Community Planning and Development.
[FR Doc. 2011-21418 Filed 8-19-11; 8:45 am]
BILLING CODE 4210-67-P
