Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2016, 88262-88269 [2016-29354]

Download as PDF 88262 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices asabaliauskas on DSK3SPTVN1PROD with NOTICES CIPAC Membership Roster and Council Information: The current roster of CIPAC members is published on the CIPAC Web site (http://www.dhs.gov/ cipac) and is updated as the CIPAC membership changes. Members of the public may visit the CIPAC Web site at any time to view current CIPAC membership, as well as the current and historic lists of CIPAC meetings and agendas. 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 Dated: November 25, 2016. Assistant Secretary or equivalent rank, Renee Murphy, and the person to whom authority to Designated Federal Officer for the CIPAC. waive is delegated must also have [FR Doc. 2016–29339 Filed 12–6–16; 8:45 am] authority to issue the particular BILLING CODE P regulation to be waived; 3. Not less than quarterly, the Secretary must notify the public of all DEPARTMENT OF HOUSING AND waivers of regulations that HUD has URBAN DEVELOPMENT approved, by publishing a notice in the Federal Register. These notices (each [Docket No. FR–5946–N–03] covering the period since the most recent previous notification) shall: Notice of Regulatory Waiver Requests a. Identify the project, activity, or Granted for the Third Quarter of undertaking involved; Calendar Year 2016 b. Describe the nature of the provision AGENCY: Office of the General Counsel, waived and the designation of the HUD. provision; ACTION: Notice. c. Indicate the name and title of the person who granted the waiver request; SUMMARY: Section 106 of the Department d. Describe briefly the grounds for of Housing and Urban Development approval of the request; and Reform Act of 1989 (the HUD Reform e. State how additional information Act) requires HUD to publish quarterly about a particular waiver may be Federal Register notices of all obtained. regulatory waivers that HUD has Section 106 of the HUD Reform Act approved. Each notice covers the also contains requirements applicable to quarterly period since the previous waivers of HUD handbook provisions Federal Register notice. The purpose of that are not relevant to the purpose of this notice is to comply with the this notice. requirements of section 106 of the HUD This notice follows procedures Reform Act. This notice contains a list provided in HUD’s Statement of Policy of regulatory waivers granted by HUD on Waiver of Regulations and Directives during the period beginning on July 1, issued on April 22, 1991 (56 FR 16337). 2016, and ending on September 30, In accordance with those procedures 2016. and with the requirements of section 106 of the HUD Reform Act, waivers of FOR FURTHER INFORMATION CONTACT: For regulations are granted by the Assistant general information about this notice, contact Ariel Pereira, Associate General Secretary with jurisdiction over the Counsel for Legislation and Regulations, regulations for which a waiver was requested. In those cases in which a Department of Housing and Urban Development, 451 7th Street SW., Room General Deputy Assistant Secretary granted the waiver, the General Deputy 10282, Washington, DC 20410–0500, Assistant Secretary was serving in the telephone 202–708–3055 (this is not a toll-free number). Persons with hearing- absence of the Assistant Secretary in accordance with the office’s Order of or speech-impairments may access this number through TTY by calling the toll- Succession. This notice covers waivers of free Federal Relay Service at 800–877– regulations granted by HUD from July 1, 8339. 2016 through September 30, 2016. For For information concerning a ease of reference, the waivers granted by particular waiver that was granted and HUD are listed by HUD program office for which public notice is provided in (for example, the Office of Community this document, contact the person Planning and Development, the Office whose name and address follow the of Fair Housing and Equal Opportunity, description of the waiver granted in the the Office of Housing, and the Office of accompanying list of waivers that have Public and Indian Housing, etc.). Within been granted in the third quarter of each program office grouping, the calendar year 2016. VerDate Sep<11>2014 17:54 Dec 06, 2016 Jkt 241001 PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 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 § 58.73 and § 58.74 would appear sequentially in the listing under § 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 2016) before the next report is published (the fourth quarter of calendar year 2016), 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. Dated: December 1, 2016. Tonya T. Robinson, Acting General Counsel. Appendix Listing of Waivers of Regulatory Requirements Granted by Offices of the Department of Housing and Urban Development July 1, 2016 Through September 30, 2016 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 Fair Housing and Equal Opportunity III. Regulatory Waivers Granted by the Office of Housing IV. 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 58.22(a). Project/Activity: The Lombardi Project is a residential and retail mixed-use project at E:\FR\FM\07DEN1.SGM 07DEN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices 371 North Avenue in New Rochelle, New York. Nature of Requirement: Funds may not be spent prior to the completion of the environmental review process to avoid choice-limiting actions. The regulation allows for a waiver of that requirement if the grantee can demonstrate good cause and no harm. Granted By: Harriet Tregoning, Principal Deputy Assistant Secretary for Community Planning & Development. Date Granted: July 6, 2016. Reason Waived: The grantee met the regulatory requirements for the waiver and demonstrated good cause for its granting. Contact: James M. Potter, Environmental Planning Division, Community Planning and Development, Department of Housing and Urban Development, 451 7th Street SW., Room 7212, Washington, DC 20410, telephone (202) 402 4610. • Regulation: 24 CFR 58.22. Project/Activity: Former Phenix Elementary School, City of West Des Moines, Iowa. Nature of Requirement: The regulation provides that ‘‘Neither a recipient nor any participant in the development process, including public or private nonprofit or forprofit entities, or any of their contractors, may commit HUD assistance under [the State CDBG–DR grant program] on an activity or project until HUD or the state has approved the recipient’s Request for Release of Funds (RROF) and the related certification from the responsible entity. In addition, until the RROF and the related certification have been approved, neither a recipient nor any participant in the development process may commit non-HUD funds on or undertake an activity or project under [the State CDBG–DR grant program] if the activity or project would have an adverse environmental impact or limit the choice of reasonable alternatives.’’ In this situation, the City, as grant recipient, committed non-HUD funds to acquire real property, the former Phenix Elementary school property, subsequent to the award of a State CDBG–DR grant but prior to the City receiving an approved Request for Release of Funds and Certification (RROF) from the State. Granted By: Harriet Tregoning, Principal Deputy Assistant Secretary for Community Planning & Development. Date Granted: August 9, 2016. Reason Waived: The violation is regulatory in nature, not statutory. Implementation of the proposed project is consistent with HUD’s mission and will advance HUD program goals related to community development, economic development and support of the city’s affordable housing supply. The project will benefit the community by preserving a historic landmark, the Phenix Elementary School. The City has agreed to change its processes and procedures and to build its internal capacity to ensure future violations do not occur. Granting a waiver should not result in an unmitigated adverse environmental impact provided the City implements the conditions associated with the waiver approval. Contact: Paul F. Mohr, Regional Environmental Officer, Community Planning VerDate Sep<11>2014 17:54 Dec 06, 2016 Jkt 241001 and Development, Department of Housing and Urban Development, 400 State Avenue, Room 200, Kansas City, KS 66101, telephone (913) 551 5818. • Regulation: 24 CFR 92.500(d)(1)(C)— HOME Expenditure Requirement. Project/Activity: The Commonwealth of Puerto Rico requested a waiver of 24 CFR 92.500(d)(1)(C), which requires that a participating jurisdiction expend its annual allocation of HOME funds within five years after HUD notifies the participating jurisdiction that HUD has executed the jurisdiction’s HOME Investment Partnership Agreement. The Commonwealth requested this waiver to provide it additional time to expend $380,798 of HOME funds. Nature of Requirement: The regulation at 24 CFR 92.500(d)(1)(C) requires HUD to reduce or recapture any HOME funds in a participating jurisdiction’s HOME Investment Trust Fund that are not expended within five years of HUD’s notification to the participating jurisdiction that HUD has executed the HOME grant agreement. The Commonwealth failed to disburse $380,798 of HOME funds by its expenditure deadline of July 31, 2016. Granted By: Harriet Tregoning, Principal Deputy Assistant Secretary for Community Planning & Development. Date Granted: August 22, 2016. Reason Waived: The Commonwealth repaid $5,126,234.53 to its local HOME account with non-federal funds to resolve HUD OIG audit findings that it expended HOME funds for ineligible purposes. While the Commonwealth made significant progress by disbursing over $25 million in HOME funds between August 1, 2015 and July 31, 2016, the size and timing of the repayments did not afford it sufficient time to identify new projects for the entire amount of repaid funds. HUD granted the waiver to permit the Commonwealth additional time to expend funds on new affordable housing projects for low-income residents. Contact: Virginia Sardone, Director, Office of Affordable Housing Programs, Community Planning and Development, Department of Housing and Urban Development, 451 7th Street SW., Room 7164, Washington, DC 20410, telephone (202) 708–2684. • Regulation: 24 CFR 91.15(a)(2)— Consolidated Plan Requirements. Project/Activity: American Samoa, the Commonwealth of Puerto Rico, and the states of Arkansas, California, New Hampshire, and Texas requested a waiver of 24 CFR 91.15(a)(2) of the regulation, which requires each grantee to submit its Housing Trust Fund (HTF) allocation plan to HUD no later than August 16, 2016. The grantees requested this waiver to provide additional time to develop their HTF allocation plans and conduct the required citizen participation process. Nature of Requirement: As a condition of receiving funding, each HTF grantee is required to submit an HTF allocation plan to HUD, the requirements of which are incorporated into the consolidated plan regulations under 24 CFR part 91. The provisions at 24 CFR 91.15(a)(2) require that each grantee submit its HTF allocation plan to HUD no later than August 16, 2016. PO 00000 Frm 00067 Fmt 4703 Sfmt 4703 88263 Granted By: Harriet Tregoning, Principal Deputy Assistant Secretary for Community Planning & Development. Date Granted: September 6, 2016. Reason Waived: FY 2016 is the first year in which funding is being made available for the HTF program. HUD published CPD Notice 16–07 Guidance for HTF Grantees on Fiscal Year 2016 Housing Trust Fund (HTF) Allocation Plans on April 28, 2016, and the HTF allocation amounts in the Federal Register on May 5, 2016. Because some grantees did not have sufficient time to develop their HTF allocation plans and conduct the required citizen participation process, HUD waived the August 16, 2016 deadline and extended the deadline for submission of 2016 HTF allocation plans as follows: Grantee Name American Samoa Commonwealth of Puerto Rico State of Arkansas State of California State of New Hampshire State of Texas New Deadline August 31, 2016. November 14, 2016. September 30, 2016. September 30, 2016. September 14, 2016. October 17, 2016. Contact: Virginia Sardone, Director, Office of Affordable Housing Programs, Community Planning and Development, Department of Housing and Urban Development, 451 7th Street SW., Room 7164, Washington, DC 20410, telephone (202) 708–2684. II. Regulatory Waivers Granted by Office of Fair Housing and Equal Opportunity 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 115.305(a). Project/Activity: Fair Housing Assistance Program (FHAP); 2016 Enforcement Fund. Nature of Requirement: 24 CFR 115.305(a) allows grants of Special Enforcement Efforts (SEE) funds to participants in the Fair Housing Assistance Program, but limits the award to 20 percent of the participant’s total FHAP cooperative agreement for the previous contract year. Granted By: Assistant Secretary Gustavo Velazquez. Date Granted: April 29, 2016. Reason Waived: The waiver allows FHEO to provide certain FHAP agencies with SEE funds above the amount set forth in the regulation in order to support ongoing, protracted, or complex litigation associated with the enforcement of their substantially equivalent fair housing laws. Contact: Joseph A. Pelletier, Director, Fair Housing Assistance Program, Fair Housing Equal Opportunity, Department of Housing and Urban Development, 451 7th Street SW., Room 5206, Washington, DC, 20410, telephone (202) 402–2126. III. 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 E:\FR\FM\07DEN1.SGM 07DEN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 88264 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices the contact person that immediately follows the description of the waiver granted. • Regulation: 24 CFR 200.73(c). Project/Activity: R.H. Floyd Memorial Apartments, FHA Project Number 061–1352, Summerville, Georgia. The City of Summerville, GA received a Commitment to Enter into Housing Assistance Payments Contract (CHAP) to convert its entire public housing unit inventory to project based Section 8 rental housing. The lender, Bellwether Enterprise is seeking FHA financing to renovate the 223 units. Nature of Requirement: The 24 CFR part 200.73(c) which, states that a site must contain no less than 5 rental dwelling units. Section 3.1.CC of the MAP Guide permits a project with two or noncontiguous parcels of land when the parcels comprise one marketable, manageable real estate entity. Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing. Date Granted: July 5, 2016. Reason Waived: The waiver was granted to allow the City of Summerville, GA to convert its entire public housing unit inventory to project based Section 8 rental housing. Six of the parcels have less than the minimum of five required units. Since the remaining 17 parcels are in compliance, the intent of 24CFR 200.73(c) is essentially fulfilled. Contact: Daniel J. Sullivan, Acting Director, Office of Multifamily Production, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6134, Washington, DC 20410, telephone (202) 402–6130. • Regulation: 24 CFR 200.73(c). Project/Activity: The Heritage Village Apartments, FHA Project Number 042– 35702, Toledo, Ohio. The subject property was initially developed and insured under Section 221(d)(4) of the National Housing Act under the project name of Vistula Heritage Village. The property has a project-based Section 8 HAP contract that covers all 250 units and consists of 21 separate parcels of which all but seven have more than five units per site. Nature of Requirement: The 24 CFR part 200.73(c) which, states that a site must contain no less than 5 rental dwelling units. Section 3.1.O.l.CC of the MAP Guide permits a project with two or more contiguous parcels of land when the parcels comprise one marketable, manageable real estate entity. Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing. Date Granted: July 22, 2016. Reason Waived: The waiver was granted to allow much needed preservation in an historic section of Toledo. The property has been managed as one project since inception; therefore, the intent of 24 CFR 200.73(c) is essentially fulfilled. The waiver allows Heritage Village Apartments to preserve and maintain affordable rental housing for low income families Contact: Daniel J. Sullivan, Acting Director, Office of Multifamily Production, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6134, Washington, DC 20410, telephone (202) 402–6130. • Regulation: 24 CFR 219.220(b). VerDate Sep<11>2014 17:54 Dec 06, 2016 Jkt 241001 Project/Activity: Golden Spike Apartments, FHA Project Number 101–44026, Denver, Colorado. Colorado Veteran and Retired Railroaders, Incorporated (Owner) seeks approval to defer repayment of the Flexible Subsidy Operating Assistance Loan on the subject project. Nature of Requirement: The regulation at 24 CFR 219.220(b) (1995), which governs the repayment of operating assistance provided under the Flexible Subsidy Program for Troubled Properties, 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 mortgage insurance, prepayment of the mortgage, or a sale of the project.’’ Granted by: Edward L. Golding, Principal Deputy Assistant Secretary for Housing. Date Granted: July 7, 2016. Reason Waived: The owner requested and was granted a waiver of the requirement to repay the Flexible Subsidy Operating Assistance Loan in full when it became due. Deferring the loan payment will preserve this affordable housing resource for an additional 20 years through the execution and recordation of a Rental Use Agreement. Contact: Marilyn Carlson, Senior Account Executive, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6156, Washington, DC 20410, telephone (202) 402–4744. • Regulation: 24 CFR 219.220(b). Project/Activity: Cumberland Court Apartments, FHA Project Number 075– 44039T, Oshkosh, Wisconsin. Cumberland Court Housing Commission, Incorporated (Owner) seeks approval to defer repayment of the Flexible Subsidy Operating Assistance Loan on the subject project. Nature of Requirement: The regulation at 24 CFR 219.220(b) (1995), which governs the repayment of operating assistance provided under the Flexible Subsidy Program for Troubled Properties, 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 mortgage insurance, prepayment of the mortgage, or a sale of the project.’’ Granted by: Edward L. Golding, Principal Deputy Assistant Secretary for Housing. Date Granted: July 26, 2016. Reason Waived: The owner requested and was granted a waiver of the requirement to repay the Flexible Subsidy Operating Assistance Loan in full when it became due. Deferring the loan payment will preserve this affordable housing resource for an additional 20 years through the execution and recordation of a Rental Use Agreement. Contact: Valencia Hare, Senior Account Executive, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6180, Washington, DC 20410, telephone (202) 402–6103. • Regulation: 24 CFR 219.220(b) Project/Activity: Golden Spike Apartments, FHA Project Number 101–44026, Denver, Colorado. Colorado Veteran and Retired Railroaders, Incorporated (Owner) seeks approval to defer repayment of the Flexible Subsidy Operating Assistance Loan on the subject project. PO 00000 Frm 00068 Fmt 4703 Sfmt 4703 Nature of Requirement: The regulation at 24 CFR 219.220(b) (1995), which governs the repayment of operating assistance provided under the Flexible Subsidy Program for Troubled Properties, 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 mortgage insurance, prepayment of the mortgage, or a sale of the project.’’ Granted by: Edward L. Golding, Principal Deputy Assistant Secretary for Housing, H Date Granted: July 7, 2016 Reason Waived: The owner requested and was granted a waiver of the requirement to repay the Flexible Subsidy Operating Assistance Loan in full when it became due. Deferring the loan payment will preserve this affordable housing resource for an additional 20 years through the execution and recordation of a Rental Use Agreement. Contact: Marilyn Carlson, Senior Account Executive, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410–8000, telephone: (202) 402–4744. • Regulation: 24 CFR 219.220(b). Project/Activity: Manchester Knolls Cooperative and Manchester Knolls II Cooperative, FHA Project Numbers 071– 44073 and 071–44075, North Chicago, Illinois. Manchester Knolls Cooperative, Incorporated (owner) seeks approval to defer repayment of the Flexible Subsidy Operating Assistance Loans on the subject projects. Nature of Requirement: The regulation at 24 CFR 219.220(b) (1995), which governs the repayment of operating assistance provided under the Flexible Subsidy Program for Troubled Properties, 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 mortgage insurance, prepayment of the mortgage, or a sale of the project.’’ Granted by: Edward L. Golding, Principal Deputy Assistant Secretary for Housing, H. Date Granted: September 14, 2016. Reason Waived: The owner requested and was granted a waiver of the requirement to repay the Flexible Subsidy Operating Assistance Loans in full when they became due. Deferring the loan payments will preserve these affordable housing resources for an additional 35 years through the execution and recordation of a Rental Use Agreement. Contact: Crystal Martinez, Senior Account Executive, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6174, Washington, DC 20410, telephone (202) 402–3718. • Regulation: 24 CFR 232.7. Project/Activity: CountryHouse of Grand Island is a memory care facility. The facility does not meet the requirements of 24 CFR 232.7 ‘‘Bathroom’’ of FHA’s regulations. The project is located in Grand Island, NE. Nature of Requirement: The regulation at 24 CFR 232.7 mandates in a board and care home or assisted living facility that not less than one full bathroom must be provided for every four residents. Also, the bathroom cannot be accessed from a public corridor or area. E:\FR\FM\07DEN1.SGM 07DEN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing. Date Granted: August 25, 2016. Reason Waived: The project is for memory care, all rooms have half-bathrooms and the ratio of residents to full bathroom rooms is 6.75/1. The memory care residents need assistance with bathing. The project meets the State of Nebraska’s licensing requirements for bathing and toileting facilities. Contact: Vance T. Morris, Operations Manager, Office of Healthcare Programs, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 2337, Washington, DC 20401, telephone (202) 402–2419. • Regulation: 24 CFR 232.7. Project/Activity: Devonshire Retirement Village is a memory care facility. The facility does not meet the requirements of 24 CFR 232.7 ‘‘Bathroom’’ of FHA’s regulations. The project is located in Lapeer, MI. Nature of Requirement: The regulation at 24 CFR 232.7 mandates in a board and care home or assisted living facility that not less than one full bathroom must be provided for every four residents. Also, the bathroom cannot be accessed from a public corridor or area. Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing. Date Granted: September 21, 2016. Reason Waived: The project is for memory care, all rooms have half-bathrooms and the ratio of residents to full bathroom rooms is 7:1. The memory care residents need assistance with bathing. The project meets the State of Michigan’s licensing requirements for bathing and toileting facilities. Contact: Vance T. Morris, Operations Manager, Office of Healthcare Programs, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 2337, Washington, DC 20401, telephone (202) 402–2419. • Regulation: 24 CFR 232.7. Project/Activity: White Pines of Fridley is a memory care facility. The facility does not meet the requirements of 24 CFR 232.7 ‘‘Bathroom’’ of FHA’s regulations. The project is located in Fridley, MN. Nature of Requirement: The regulation at 24 CFR 232.7 mandates in a board and care home or assisted living facility that not less than one full bathroom must be provided for every four residents. Also, the bathroom cannot be accessed from a public corridor or area. Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing. Date Granted: September 27, 2016. Reason Waived: The project is for memory care, all rooms have half-bathrooms and the ratio of residents to full bathroom rooms is 7:1. The memory care residents need assistance with bathing. The project meets the State of Minnesota’s licensing requirements for bathing and toileting facilities. Contact: Vance T. Morris, Operations Manager, Office of Healthcare Programs, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 2337, Washington, DC 20401, telephone (202) 402–2419. VerDate Sep<11>2014 17:54 Dec 06, 2016 Jkt 241001 • Regulation: 24 CFR 232.1005. Project/Activity: Stygler Commons and Portage Trail Village are two existing Section 202 projects that received Assisted Living Conversion Program grants to convert the projects to assisted living facilities. All operating licenses and accounts receivable associated with revenue generated as a result of the care provided at these two projects were pledged as collateral for a bond issuances used the finance the projects. The projects are located in Gahanna and Cuyahoga Falls, Ohio. Nature of Requirement: The regulation at 24 CFR 232.1005 mandates that all accounts deriving from the operation of the property, including operator accounts and including all funds received from any source or derived from the operation of the facility, are project assets subject to control under the insured mortgage loan’s transactional documents, including, without limitation, the operator’s regulatory agreement. Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing. Date Granted: September 21, 2016. Reason Waived: The waiver of the requirement, in part, is required to allow the projects to refinance. The bond trustee agreed to release the licenses associated with the projects from the collateral securing the bond obligation. However, all accounts receivable associated with the revenue generated as a result of the care provided continue to secure the bond obligation. All other accounts will be pledged in accordance with the Department’s requirements. The service provider for the two projects agreed to provide a corporate guarantee to guarantee both loans. Contact: Vance T. Morris, Operations Manager, Office of Healthcare Programs, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 2337, Washington, DC 20401, telephone (202) 402–2419. • Regulation: 24 CFR 242.21. Project/Activity: LRGHealthcare (LRG) is a not-for-profit 501(c)(3) organization that operates two facilities in New Hampshire: Lakes Region General Hospital, a 137-bed Sole Community Hospital in Laconia, NH, and Franklin Regional Hospital, a 25-bed acute care critical access hospital that has a 10-bed psychiatric receiving facility, in Franklin, NH. Nature of Requirement: The regulation mandates that application fees accompanying Section 242 applications cannot be refunded, in whole or in part. Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing. Date Granted: August 3, 2016. Reason Waived: KeyBanc Capital Markets, Inc., on behalf of LRG, submitted an application (and an application fee in the amount of $204,635.50) for a Section 223(f) loan in May 2015. After a brief review of the application, the Office of Hospital Facilities (OHF) determined that the application could not be approved. Instead, the Lender submitted a request for an interest rate reduction, which reduced the interest rate from 6.38% to 3.7%. This financing closed in September 2015. Typically application fees are collected to offset the resources expended PO 00000 Frm 00069 Fmt 4703 Sfmt 4703 88265 to process an application, but HUD expended no resources in evaluating LRG’s application. The refund will help improve LRG’s cash position. Contact: Shelley M. McCracken-Rania, Senior Financial Analyst, Office of Healthcare Programs, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 2247, Washington, DC 20410, telephone (202) 402–5366. • Regulation: 24 CFR 266.200(c)(2). Project/Activity: Federal Financing Bank (FFB) Risk Sharing Initiative, Equity TakeOut, Rhode Island Housing Mortgage Corporation (Rhode Island Housing). Nature of Requirement: 24 CFR 266.200(c)(2) HUD’s regulation at 24 CFR 266.200(c)(2) allows existing projects to be refinanced if certain criteria are met. If the property is subject to an HFA financed loan to be refinanced and such refinancing will result in the preservation of affordable housing, refinancing of these properties is permissible if project occupancy is not less than 93 percent (to include consideration of rent in arrears), based on the average occupancy in the project over the most recent 12 months, and the mortgage does not exceed an amount supportable by the lower of the unit rents being collected under the rental assistance agreement or the unit rents being collected at unassisted projects in the market area that are similar in amenities and location to the project for which insurance is being requested. The HUD-insured mortgage may not exceed the sum of the existing indebtedness, cost of refinancing, the cost of repairs and reasonable transaction costs as determined by the Commissioner. If a loan to be refinanced has been in default within the 12 months prior to application for refinancing, the HFA must assume not less than 50 percent of the risk. Equity take-outs for existing projects (refinance transactions): Permit the insured mortgage to exceed the sum of the total cost of acquisition, cost of financing, cost of repairs, and reasonable transaction costs or ‘‘equity take-outs’’ in refinances of HFAfinanced projects and those outside of HFA’s portfolio if the result is preservation with the following conditions: 1. Occupancy is no less than 93% for previous 12 months; 2. No defaults in the last 12 months of the HFA loan to be refinanced; 3. A 20-year affordable housing deed restriction placed on title that conforms to the 542(c) statutory definition; 4. A Property Capital Needs Assessment (PCNA) must be performed and funds escrowed for all necessary repairs, and reserves funded for future capital needs; and 5. For projects subsidized by Section 8 Housing Assistance Payment (HAP) contracts: Owner agrees to renew HAP contract(s) for 20-year term, (subject to appropriations and statutory authorization, etc.,), and existing and post-refinance HAP residual receipts are set aside to be used to reduce future HAP payments. Granted by: Edward L. Golding, Principal Deputy Assistant Secretary for Housing. Date Granted: September 6, 2016. Reason Waived: Necessary to effectuate the Federal Financing Bank (FFB) Risk Sharing E:\FR\FM\07DEN1.SGM 07DEN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 88266 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices Initiative between Housing and Urban Development and the Treasury Department/ FFB announced in Fiscal Year 2014. The waivers are consistent with changes Multifamily is seeking now to the regulation and as previously approved in March 2015 for the first 11 HFAs participating in the Initiative. Under this Initiative, FFB provides capital to participating Housing Finance Agencies (HFAs) to make multifamily loans insured under the FHA Multifamily Risk Sharing Program. Contact: Daniel J. Sullivan, Acting Director, Office of Multifamily Production, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6134, Washington, DC, 20410, telephone (202) 402–6130. • Regulation: 24 CFR 290.30(a). Project/Activity: Eastern Parkway Apartments, FHA Project Number 012–57049 V and W, Brooklyn, New York. Eastern Parkway HAP Associates, L.P. (Owner) seeks approval to waive the non-competitive sale of two HUD-held multifamily mortgages. Nature of Requirement: The regulation at 24 CFR 290.30(a), which governs the sale of HUD-held mortgages, states that ‘‘[e]xcept as otherwise provided in Section 290.31(a)(2), HUD will sell HUD-held multifamily mortgages on a competitive basis.’’ Granted by: Edward L. Golding, Principal Deputy Assistant Secretary for Housing. Date Granted: September 14, 2016. Reason Waived: The owner requested and was granted a waiver of the non-competitive sale of two HUD-held multifamily mortgages. A waiver allows the Department to assign the mortgages to the owner’s new mortgagee to avoid paying mortgage recording tax in the State of New York. Contact: Susanna Oyewole, Account Executive, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6168, Washington, DC 20410, telephone (202) 402–6080. • Regulation: 24 CFR 891.165. Project/Activity: Victoria at COMM22, San Diego, CA, Project Number: 129–EE036/ CA33–S101–001. Nature of Requirement: Section 891.165 provides that the duration of the fund reservation of the capital advance is 18months from the date of issuance with limited exceptions up to 36 months, as approved by HUD on a case-by-case basis. Granted By: Edward L. Golding, Principal Deputy Assistant Secretary for Housing. Date Granted: September 13, 2016. Reason Waived: Additional time was needed to meet other requirements of the State of California and time for the tax credit investor to review and approve the loan documents. Contact: Alicia Anderson, Branch Chief, Grants and New Funding, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 6138, Washington, DC 20410, telephone (202) 402–5787. IV. Regulatory Waivers Granted by the Office of Public and Indian Housing 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. VerDate Sep<11>2014 17:54 Dec 06, 2016 Jkt 241001 • Regulation: 24 CFR 5.801(c)(1) and 24 CFR 5.801(d)(1). Project/Activity: Brown County North East Kansas Community Action Program (KS168). Nature of Requirement: The regulation establishes certain reporting compliance dates. The audited financial statements are required to be submitted to the Real Estate Assessment Center (REAC) no later than nine months after the housing authority’s (HA) fiscal year end (FYE), in accordance with the Single Audit Act and OMB Circular A–133. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: July 21, 2016. Reason Waived: Brown County North Kansas Community Action Program, NEK– CAP (HA), a Section 8 only entity, requested an extension to submit its audited financial data for the fiscal year end (FYE) of September 30, 2015, to align with its Housing Choice Voucher (HCV) program. The HCV program fiscal year end change was granted on December 4, 2015. The additional time would permit the auditor necessary time to compile and complete NEK–CAP’s required audited financial data submission to the Department. This FASS audited financial submission waiver (extension) does not apply to Single Audit submissions to the Federal Audit Clearinghouse; the HA is required to meet the Single Audit due date. Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real Estate Assessment Center, Office of Public and Indian Housing, Department of Housing and Urban Development, 550 12th Street SW., Suite 100, Washington, DC 20410, telephone (202) 475–7908. • Regulation: 24 CFR 902.25. Project/Activity: Rayville Housing Authority (LA105). Nature of Requirement: Physical inspections are required to ensure that public housing units are decent, safe, sanitary and in good repair, as determined by an inspection conducted in accordance with HUD’s Uniform Physical Condition Standards (UPCS). Baseline inspections will have all properties inspected regardless of previous PHAS designation or physical inspection scores. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Partially Granted: July 11, 2016. Reason Waived: Rayville Housing Authority (HA), requested to be waived from all physical inspections and physical condition scoring of property/units for its fiscal year end (FYE) of September 30, 2016. Pursuant to 24 CFR 5.110, the HA was granted a partial waiver for good cause of the PHAS and physical inspection score for its FYE September 30, 2016. The HA was advised that the inspection results will be for informational purposes and would not serve as the inspection of record. The HA was also advised that September 30, 2017, would be the baseline year to determine its eligibility for Small PHA Deregulation and that a new inspection would be required upon that date. Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real Estate PO 00000 Frm 00070 Fmt 4703 Sfmt 4703 Assessment Center, Office of Public and Indian Housing, Department of Housing and Urban Development, 550 12th Street SW., Suite 100, Washington, DC 20410, telephone (202) 475–7908. • Regulation: 24 CFR 902.25. Project/Activity: Bogalusa Housing Authority (LA024). Nature of Requirement: Physical inspections are required to ensure that public housing units are decent, safe, sanitary and in good repair, as determined by an inspection conducted in accordance with HUD’s Uniform Physical Condition Standards (UPCS). Baseline inspections will have all properties inspected regardless of previous PHAS designation or physical inspection scores. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Partially Granted: August 9, 2016. Reason Waived: Bogalusa Housing Authority (HA), requested to be waived from all physical inspections and physical condition scoring of property/units for its fiscal year end (FYE) of September 30, 2016. Pursuant to 24 CFR 5.110, the HA was granted a partial waiver for good cause of the PHAS and physical inspection score for its FYE September 30, 2016. The HA was advised that the inspection results will be for informational purposes and would not serve as the inspection of record. The HA was also advised that September 30, 2017, would be the baseline year to determine its eligibility for Small PHA Deregulation and that a new inspection would be required upon that date. Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real Estate Assessment Center, Office of Public and Indian Housing, Department of Housing and Urban Development, 550 12th Street SW., Suite 100, Washington, DC 20410, telephone (202) 475–7908. • Regulation: 24 CFR 982.251(c). Project/Activity: Department of Housing and Community Development in Boston, Massachusetts requested a waiver of 24 CFR 982.251(c) so that HUD-Veterans Affairs Supportive Housing (VASH) families do not have to be placed on the agency’s waiting list for HUD–VASH project-based voucher (PBV) assistance. Nature of Requirement: 24 CFR 982.251(c) states that a PHA shall select families to receive PBV assistance from its waiting list. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: July 29, 2016. Reason Waived: This regulation was waived so that the VA could refer families to a new veterans’ facility in Bedford, Massachusetts without placing their names on a waiting list. Having to use a waiting list for PBV assistance could delay housing these veterans. In addition, HUD–VASH families are not placed on a waiting list for tenantbased voucher assistance. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., E:\FR\FM\07DEN1.SGM 07DEN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 982.251(c). Project/Activity: Brockton Housing Authority in Brockton, Massachusetts, requested a waiver of 24 CFR 982.251(c) so that HUD-Veterans Affairs Supportive Housing (VASH) families do not have to be placed on the agency’s waiting list for HUD– VASH project-based voucher (PBV) assistance. Nature of Requirement: 24 CFR 982.251(c) states that a PHA shall select families to receive PBV assistance from its waiting list. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: September 19, 2016. Reason Waived: This regulation was waived so that the VA could refer families to a new veterans’ facility on the grounds of the Brockton VA Medical Center in Brockton, Massachusetts without placing their names on a waiting list. Having to use a waiting list for PBV assistance could delay housing these veterans. In addition, HUD–VASH families are not placed on a waiting list for tenantbased voucher assistance. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 982.503(c). Project/Activity: Howard County Housing Commission (HCHC) in Columbia, Maryland, requested a waiver of 24 CFR 982.503(c) so that it could receive approval for exception payment standards at 135 percent of the fair market rents. Nature of Requirement: This regulation requires certain conditions prior to the approval of area-wide exception payment standards which the HCHC did not meet. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: August 19, 2016. Reason Waived: This waiver was granted because in 2016 the separate FMRs for Columbia were eliminated and combined with the FMRs for the Baltimore Metropolitan Statistical Area which will result in an increase in family rents after the tenant protection is eliminated. Contact: Becky Primeaux, Director, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulations: 24 CFR 982.503(c)(4)(ii), 982.503(c)(5) and 982.503(c)(3)(i)(B). Project/Activity: Housing Authority of the City of Lake Charles in Lake Charles, Louisiana, requested a waiver of these regulations so that it could receive approval for exception payment standards at 135 percent of the fair market rents (FMR). Nature of Requirement: These regulations require: (1) A six-month wait until payment VerDate Sep<11>2014 17:54 Dec 06, 2016 Jkt 241001 standards could go above the basic range; (2) exception payment standards could not include more than 50 percent of the FMR area; and (3) approval must be supported by statistically representative rental housing survey data. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: September 19, 2016. Reason Waived: These waivers were granted because of a shock to the rental housing market caused by increased economic activity in the FMR area due to the expansion of the petrochemical industry. These corporations leased hundreds of units that were previously available for voucher participants. Contact: Becky Primeaux, Director, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 982.503(e)(1). Project/Activity: Housing Works in Redmond, Oregon, requested a waiver of 24 CFR 982.505(e)(1) to enable the housing authority to adopt success rate payment standards. Nature of Requirement: 24 CFR 982.505(e)(1) states that a public housing agency (PHA) may obtain HUD Field Office approval of success rate payment standard amounts provided the PHA demonstrates that is has established payment standard amounts for all unit sizes in the entire PHA’s jurisdiction with the fair market rent (FMR) area at 110 percent of the published FMR for at least the six-month period prior to the time the request for success rate payment standards is made to HUD. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: August 9, 2016. Reason Waived: One of the counties in the FMR area did not warrant success rate payment standards as the non-success rate payment standards were adequate in that county. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 982.505(c)(4). Project/Activity: Vallejo Housing Authority in Vallejo, California, requested a waiver of 24 CFR 982.505(c)(4) so that it could approve an exception payment standard amount above 120 percent of the fair market rents (FMR) as a reasonable accommodation. Nature of Requirement: 24 CFR 982.505(c)(4) states that if the payment standard amount is increased during the term of the housing assistance payment contract, the increased payment standard shall be used to calculate the monthly housing assistance payment for the family beginning at the effective date of the family’s first regular PO 00000 Frm 00071 Fmt 4703 Sfmt 4703 88267 reexamination on or after the effect date of the increase in the payment standard amount. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: July 25, 2016. Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share subsequent to the owner’s rent increase prior to the annual recertification. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 982.505(d). Project/Activity: San Francisco Housing Authority in San Francisco, California, requested a waiver of 24 CFR 982.505(d) so that it could approve an exception payment standard amount above 120 percent of the fair market rents (FMR) as a reasonable accommodation. Nature of Requirement: 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is no more than 120 percent of the FMR for the unit size. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: July 9, 2016. Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 982.505(d). Project/Activity: San Francisco Housing Authority in San Francisco, California, requested a waiver of 24 CFR 982.505(d) so that it could approve an exception payment standard amount above 120 percent of the fair market rents (FMR) as a reasonable accommodation. Nature of Requirement: 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is no more than 120 percent of the FMR for the unit size. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: July 9, 2016. Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 E:\FR\FM\07DEN1.SGM 07DEN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES 88268 Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices percent of its adjusted income toward the family share. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 982.505(d). Project/Activity: Housing Authority of the County of Los Angeles in Alhambra, California, requested a waiver of 24 CFR 982.505(d) so that it could approve an exception payment standard amount above 120 percent of the fair market rents (FMR) as a reasonable accommodation. Nature of Requirement: 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is no more than 120 percent of the FMR for the unit size. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: July 20, 2016. Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202)708–0477. • Regulation: 24 CFR 982.505(d). Project/Activity: Housing Authority of Douglas County in Roseburg, Oregon, requested a waiver of 24 CFR 982.505(d) so that it could approve an exception payment standard amount above 120 percent of the fair market rents (FMR) as a reasonable accommodation. Nature of Requirement: 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is no more than 120 percent of the FMR for the unit size. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: July 21, 2016. Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 982.505(d). VerDate Sep<11>2014 17:54 Dec 06, 2016 Jkt 241001 Project/Activity: Bellingham Whatcom County Housing Authorities in Bellingham, Washington, requested a waiver of 24 CFR 982.505(d) so that it could approve an exception payment standard amount above 120 percent of the fair market rents (FMR) as a reasonable accommodation. Nature of Requirement: 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is no more than 120 percent of the FMR for the unit size. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: July 25, 2016. Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 982.505(d). Project/Activity: Vallejo Housing Authority in Vallejo, California, requested a waiver of 24 CFR 982.505(d) so that it could approve an exception payment standard amount above 120 percent of the fair market rent (FMR) as a reasonable accommodation. Nature of Requirement: 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is no more than 120 percent of the FMR for the unit size. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: August 9, 2016. Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 982.505(d). Project/Activity: Arvada Housing Authority in Arvada, California, requested a waiver of 24 CFR 982.505(d) so that it could approve an exception payment standard amount above 120 percent of the fair market rent (FMR) as a reasonable accommodation. Nature of Requirement: 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is no more than 120 percent of the FMR for the unit size. PO 00000 Frm 00072 Fmt 4703 Sfmt 4703 ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: August 19, 2016. Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 982.505(d). Project/Activity: Ithaca Housing Authority in Ithaca, New York, requested a waiver of 24 CFR 982.505(d) so that it could approve an exception payment standard amount above 120 percent of the fair market rent (FMR) as a reasonable accommodation. Nature of Requirement: 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is no more than 120 percent of the FMR for the unit size. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: September 19, 2016. Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 982.505(d). Project/Activity: Boston Housing Authority in Boston, Massachusetts, requested a waiver of 24 CFR 982.505(d) so that it could approve an exception payment standard amount above 120 percent of the fair market rent (FMR) as a reasonable accommodation. Nature of Requirement: 24 CFR 982.505(d) states that a public housing agency may only approve a higher payment standard for a family as a reasonable accommodation if the higher payment standard is no more than 120 percent of the FMR for the unit size. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: September 30, 2016. Reason Waived: This regulation was waived as a reasonable accommodation to allow a disabled participant to receive housing assistance and pay no more than 40 percent of its adjusted income toward the family share. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and E:\FR\FM\07DEN1.SGM 07DEN1 asabaliauskas on DSK3SPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 235 / Wednesday, December 7, 2016 / Notices Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 985.101(a). Project/Activity: The Flint Housing Commission (FHC) in Flint, Michigan, requested a waiver of 24 CFR 985.101(a) so that it could submit its Section Eight Management Assessment Program (SEMAP) certification after the deadline. Nature of Requirement: 24 CFR 985.101(a) states a PHA must submit the HUD-required SEMAP certification form within 60 calendar days after the end of its fiscal year. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: September 19, 2016. Reason Waived: This waiver was granted for the FHC’s fiscal year ending August 29, 2016. The waiver was approved because of circumstances beyond the PHA’s control and to prevent additional administrative burdens for the PHA and field office. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 985.101(a). Project/Activity: Tallahassee Housing Authority (THA) in Tallahassee, Florida, requested a waiver of 24 CFR 985.101(a) so that it could submit its Section Eight Management Assessment Program (SEMAP) certification after the deadline. Nature of Requirement: 24 CFR 985.101(a) states a PHA must submit the HUD-required SEMAP certification form within 60 calendar days after the end of its fiscal year. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: September 28, 2016. Reason Waived: This waiver was granted for the THA’s fiscal year ending August 29, 2016. The waiver was approved because of circumstances beyond the THA’s control and to prevent additional administrative burdens for the PHA and field office. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 1000.224. Project/Activity: Quechan Housing Authority, Winterhaven, CA 92283. Nature of Requirement: HUD has the general authority under Section 101(b)(2) of NAHASDA to waive any IHP requirement when an Indian Tribe cannot comply with IHP requirements due to exigent circumstances beyond its control, for a period of not more than 90 days. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: July 14, 2016. VerDate Sep<11>2014 17:54 Dec 06, 2016 Jkt 241001 Reason Waived: A waiver was requested and granted to extend the due date for Quechan Housing Authority’s 2017 Indian Housing Plan because of exigent circumstances in order to provide flexibility to address the needs of the Indian Tribe. Contact: Deborah Apsey, GM Specialist, Office of Public and Indian Housing, Department of Housing and Urban Development, 1 North Central Avenue, Suite 600, Phoenix, Arizona 85004, telephone (602) 379–7217. • Regulation: 24 CFR 1006.410(a)(2). Project/Activity: Native Hawaiian Housing Block Grant Program Annual Performance Report (APR) Honolulu, Hawaii. Nature of Requirement: Each fiscal year the Department of Hawaiian Home Lands (DHHL) must submit a performance report to HUD within 60 days of the end of DHHL’s fiscal year. ´ Granted By: Lourdes Castro Ramırez, Principal Deputy Assistant Secretary for Public and Indian Housing. Date Granted: September 19, 2016. Reason Waived: DHHL was granted a 30day extension to the due date to complete the subrecipient monitoring and allow public comment on the APR. Contact: Claudine Allen, Program Specialist, Office of Public and Indian Housing, Department of Housing and Urban Development, 1132 Bishop Street, Suite 1400, Honolulu, HI 96813, telephone (808) 457–4674. [FR Doc. 2016–29354 Filed 12–6–16; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [LLMTM03000.L14400000.ET0000. 16X1109AF; MO# 4500095264; MTM–82330] Public Land Order No. 7857; Extension of Public Land Order No. 7254; Montana Bureau of Land Management, Interior. ACTION: Public land order. AGENCY: This order extends the duration of the withdrawal created by Public Land Order No. 7254, as corrected and amended, for an additional 20-year period, which would otherwise expire on April 9, 2017. Public Land Order No. 7254 withdrew 19,686.09 acres of public mineral estate in Toole and Liberty Counties, Montana, from location and entry under the United States mining laws, but not from leasing under the mineral leasing laws. This extension is necessary to continue to protect the Sweet Grass Hills Area of Critical Environmental Concern and surrounding areas located in Toole and Liberty Counties, Montana. DATES: This Public Land Order is effective on April 10, 2017. SUMMARY: PO 00000 Frm 00073 Fmt 4703 Sfmt 9990 88269 FOR FURTHER INFORMATION CONTACT: Micah Lee, Realty Specialist, at 406– 262–2851, Bureau of Land Management, Havre Field Office, 3990 HWY 2 West, Havre, Montana 59501, or Deborah Sorg, Land Law Examiner at 406–896–5045, Bureau of Land Management, Montana/ Dakotas State Office, 5001 Southgate Drive, Billings, Montana 59101–4669. Persons who use a telecommunications device for the deaf (TDD) may call the Federal Relay Service at 1–800–877– 8339 to contact either of the above individuals. The Service is available 24 hours a day, 7 days a week, to leave a message or question with the above individuals. You will receive a reply during normal business hours. The purpose for which the withdrawal was first made requires this extension to continue to protect the unique resources within the Sweet Grass Hills Area of Critical Environmental Concern and surrounding areas. The lands will remain open to the mineral and geothermal leasing laws and mineral materials disposal under the Materials Act. SUPPLEMENTARY INFORMATION: Order By virtue of the authority vested in the Secretary of the Interior by Section 204 of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714, it is ordered as follows: Public Land Order No. 7254 (62 FR 17633 (1997)), as corrected (62 FR 22964 (1997)), and amended (81 FR 796 (2016)), which withdrew 19,686.09 acres of public mineral estate in Toole and Liberty Counties, Montana from location and entry under the United States mining laws, is hereby extended for an additional 20-year period. The withdrawal extended by this order will expire on April 9, 2037, unless, as a result of a review conducted prior to the expiration date pursuant to Section 204(f) of the Federal Land Policy and Management Act of 1976, 43 U.S.C. 1714(f), the Secretary determines that the withdrawal shall be further extended. Dated: November 21, 2016. Janice M. Schneider, Assistant Secretary—Land and Minerals Management. [FR Doc. 2016–29316 Filed 12–6–16; 8:45 am] BILLING CODE 4310–DN–P E:\FR\FM\07DEN1.SGM 07DEN1

Agencies

[Federal Register Volume 81, Number 235 (Wednesday, December 7, 2016)]
[Notices]
[Pages 88262-88269]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-29354]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-5946-N-03]


Notice of Regulatory Waiver Requests Granted for the Third 
Quarter of Calendar Year 2016

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, 2016, and ending on September 30, 2016.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Ariel Pereira, Associate General Counsel for 
Legislation and Regulations, Department of Housing and Urban 
Development, 451 7th Street SW., Room 10282, Washington, DC 20410-0500, 
telephone 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 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 2016.

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, 2016 through September 30, 2016. 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 2016) before the next report is published (the fourth quarter of 
calendar year 2016), 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.

    Dated: December 1, 2016.
Tonya T. Robinson,
Acting General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development July 1, 2016 Through 
September 30, 2016

    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 Fair Housing and 
Equal Opportunity
III. Regulatory Waivers Granted by the Office of Housing
IV. 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 58.22(a).
    Project/Activity: The Lombardi Project is a residential and 
retail mixed-use project at

[[Page 88263]]

371 North Avenue in New Rochelle, New York.
    Nature of Requirement: Funds may not be spent prior to the 
completion of the environmental review process to avoid choice-
limiting actions. The regulation allows for a waiver of that 
requirement if the grantee can demonstrate good cause and no harm.
    Granted By: Harriet Tregoning, Principal Deputy Assistant 
Secretary for Community Planning & Development.
    Date Granted: July 6, 2016.
    Reason Waived: The grantee met the regulatory requirements for 
the waiver and demonstrated good cause for its granting.
    Contact: James M. Potter, Environmental Planning Division, 
Community Planning and Development, Department of Housing and Urban 
Development, 451 7th Street SW., Room 7212, Washington, DC 20410, 
telephone (202) 402 4610.

     Regulation: 24 CFR 58.22.
    Project/Activity: Former Phenix Elementary School, City of West 
Des Moines, Iowa.
    Nature of Requirement: The regulation provides that ``Neither a 
recipient nor any participant in the development process, including 
public or private nonprofit or for-profit entities, or any of their 
contractors, may commit HUD assistance under [the State CDBG-DR 
grant program] on an activity or project until HUD or the state has 
approved the recipient's Request for Release of Funds (RROF) and the 
related certification from the responsible entity. In addition, 
until the RROF and the related certification have been approved, 
neither a recipient nor any participant in the development process 
may commit non-HUD funds on or undertake an activity or project 
under [the State CDBG-DR grant program] if the activity or project 
would have an adverse environmental impact or limit the choice of 
reasonable alternatives.'' In this situation, the City, as grant 
recipient, committed non-HUD funds to acquire real property, the 
former Phenix Elementary school property, subsequent to the award of 
a State CDBG-DR grant but prior to the City receiving an approved 
Request for Release of Funds and Certification (RROF) from the 
State.
    Granted By: Harriet Tregoning, Principal Deputy Assistant 
Secretary for Community Planning & Development.
    Date Granted: August 9, 2016.
    Reason Waived: The violation is regulatory in nature, not 
statutory. Implementation of the proposed project is consistent with 
HUD's mission and will advance HUD program goals related to 
community development, economic development and support of the 
city's affordable housing supply. The project will benefit the 
community by preserving a historic landmark, the Phenix Elementary 
School. The City has agreed to change its processes and procedures 
and to build its internal capacity to ensure future violations do 
not occur. Granting a waiver should not result in an unmitigated 
adverse environmental impact provided the City implements the 
conditions associated with the waiver approval.
    Contact: Paul F. Mohr, Regional Environmental Officer, Community 
Planning and Development, Department of Housing and Urban 
Development, 400 State Avenue, Room 200, Kansas City, KS 66101, 
telephone (913) 551 5818.

     Regulation: 24 CFR 92.500(d)(1)(C)--HOME Expenditure 
Requirement.
    Project/Activity: The Commonwealth of Puerto Rico requested a 
waiver of 24 CFR 92.500(d)(1)(C), which requires that a 
participating jurisdiction expend its annual allocation of HOME 
funds within five years after HUD notifies the participating 
jurisdiction that HUD has executed the jurisdiction's HOME 
Investment Partnership Agreement. The Commonwealth requested this 
waiver to provide it additional time to expend $380,798 of HOME 
funds.
    Nature of Requirement: The regulation at 24 CFR 92.500(d)(1)(C) 
requires HUD to reduce or recapture any HOME funds in a 
participating jurisdiction's HOME Investment Trust Fund that are not 
expended within five years of HUD's notification to the 
participating jurisdiction that HUD has executed the HOME grant 
agreement. The Commonwealth failed to disburse $380,798 of HOME 
funds by its expenditure deadline of July 31, 2016.
    Granted By: Harriet Tregoning, Principal Deputy Assistant 
Secretary for Community Planning & Development.
    Date Granted: August 22, 2016.
    Reason Waived: The Commonwealth repaid $5,126,234.53 to its 
local HOME account with non-federal funds to resolve HUD OIG audit 
findings that it expended HOME funds for ineligible purposes. While 
the Commonwealth made significant progress by disbursing over $25 
million in HOME funds between August 1, 2015 and July 31, 2016, the 
size and timing of the repayments did not afford it sufficient time 
to identify new projects for the entire amount of repaid funds. HUD 
granted the waiver to permit the Commonwealth additional time to 
expend funds on new affordable housing projects for low-income 
residents.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Community Planning and Development, Department of 
Housing and Urban Development, 451 7th Street SW., Room 7164, 
Washington, DC 20410, telephone (202) 708-2684.

     Regulation: 24 CFR 91.15(a)(2)--Consolidated Plan 
Requirements.
    Project/Activity: American Samoa, the Commonwealth of Puerto 
Rico, and the states of Arkansas, California, New Hampshire, and 
Texas requested a waiver of 24 CFR 91.15(a)(2) of the regulation, 
which requires each grantee to submit its Housing Trust Fund (HTF) 
allocation plan to HUD no later than August 16, 2016. The grantees 
requested this waiver to provide additional time to develop their 
HTF allocation plans and conduct the required citizen participation 
process.
    Nature of Requirement: As a condition of receiving funding, each 
HTF grantee is required to submit an HTF allocation plan to HUD, the 
requirements of which are incorporated into the consolidated plan 
regulations under 24 CFR part 91. The provisions at 24 CFR 
91.15(a)(2) require that each grantee submit its HTF allocation plan 
to HUD no later than August 16, 2016.
    Granted By: Harriet Tregoning, Principal Deputy Assistant 
Secretary for Community Planning & Development.
    Date Granted: September 6, 2016.
    Reason Waived: FY 2016 is the first year in which funding is 
being made available for the HTF program. HUD published CPD Notice 
16-07 Guidance for HTF Grantees on Fiscal Year 2016 Housing Trust 
Fund (HTF) Allocation Plans on April 28, 2016, and the HTF 
allocation amounts in the Federal Register on May 5, 2016. Because 
some grantees did not have sufficient time to develop their HTF 
allocation plans and conduct the required citizen participation 
process, HUD waived the August 16, 2016 deadline and extended the 
deadline for submission of 2016 HTF allocation plans as follows:

------------------------------------------------------------------------
               Grantee Name                         New Deadline
------------------------------------------------------------------------
American Samoa                              August 31, 2016.
Commonwealth of Puerto Rico                 November 14, 2016.
State of Arkansas                           September 30, 2016.
State of California                         September 30, 2016.
State of New Hampshire                      September 14, 2016.
State of Texas                              October 17, 2016.
------------------------------------------------------------------------

    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Community Planning and Development, Department of 
Housing and Urban Development, 451 7th Street SW., Room 7164, 
Washington, DC 20410, telephone (202) 708-2684.

II. Regulatory Waivers Granted by Office of Fair Housing and Equal 
Opportunity

    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 115.305(a).
    Project/Activity: Fair Housing Assistance Program (FHAP); 2016 
Enforcement Fund.
    Nature of Requirement: 24 CFR 115.305(a) allows grants of 
Special Enforcement Efforts (SEE) funds to participants in the Fair 
Housing Assistance Program, but limits the award to 20 percent of 
the participant's total FHAP cooperative agreement for the previous 
contract year.
    Granted By: Assistant Secretary Gustavo Velazquez.
    Date Granted: April 29, 2016.
    Reason Waived: The waiver allows FHEO to provide certain FHAP 
agencies with SEE funds above the amount set forth in the regulation 
in order to support ongoing, protracted, or complex litigation 
associated with the enforcement of their substantially equivalent 
fair housing laws.
    Contact: Joseph A. Pelletier, Director, Fair Housing Assistance 
Program, Fair Housing Equal Opportunity, Department of Housing and 
Urban Development, 451 7th Street SW., Room 5206, Washington, DC, 
20410, telephone (202) 402-2126.

III. 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

[[Page 88264]]

the contact person that immediately follows the description of the 
waiver granted.
     Regulation: 24 CFR 200.73(c).
    Project/Activity: R.H. Floyd Memorial Apartments, FHA Project 
Number 061-1352, Summerville, Georgia. The City of Summerville, GA 
received a Commitment to Enter into Housing Assistance Payments 
Contract (CHAP) to convert its entire public housing unit inventory 
to project based Section 8 rental housing. The lender, Bellwether 
Enterprise is seeking FHA financing to renovate the 223 units.
    Nature of Requirement: The 24 CFR part 200.73(c) which, states 
that a site must contain no less than 5 rental dwelling units. 
Section 3.1.CC of the MAP Guide permits a project with two or 
noncontiguous parcels of land when the parcels comprise one 
marketable, manageable real estate entity.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: July 5, 2016.
    Reason Waived: The waiver was granted to allow the City of 
Summerville, GA to convert its entire public housing unit inventory 
to project based Section 8 rental housing. Six of the parcels have 
less than the minimum of five required units. Since the remaining 17 
parcels are in compliance, the intent of 24CFR 200.73(c) is 
essentially fulfilled.
    Contact: Daniel J. Sullivan, Acting Director, Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 6134, Washington, DC 
20410, telephone (202) 402-6130.

     Regulation: 24 CFR 200.73(c).
    Project/Activity: The Heritage Village Apartments, FHA Project 
Number 042-35702, Toledo, Ohio. The subject property was initially 
developed and insured under Section 221(d)(4) of the National 
Housing Act under the project name of Vistula Heritage Village. The 
property has a project-based Section 8 HAP contract that covers all 
250 units and consists of 21 separate parcels of which all but seven 
have more than five units per site.
    Nature of Requirement: The 24 CFR part 200.73(c) which, states 
that a site must contain no less than 5 rental dwelling units. 
Section 3.1.O.l.CC of the MAP Guide permits a project with two or 
more contiguous parcels of land when the parcels comprise one 
marketable, manageable real estate entity.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: July 22, 2016.
    Reason Waived: The waiver was granted to allow much needed 
preservation in an historic section of Toledo. The property has been 
managed as one project since inception; therefore, the intent of 24 
CFR 200.73(c) is essentially fulfilled. The waiver allows Heritage 
Village Apartments to preserve and maintain affordable rental 
housing for low income families
    Contact: Daniel J. Sullivan, Acting Director, Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 6134, Washington, DC 
20410, telephone (202) 402-6130.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Golden Spike Apartments, FHA Project Number 
101-44026, Denver, Colorado. Colorado Veteran and Retired 
Railroaders, Incorporated (Owner) seeks approval to defer repayment 
of the Flexible Subsidy Operating Assistance Loan on the subject 
project.
    Nature of Requirement: The regulation at 24 CFR 219.220(b) 
(1995), which governs the repayment of operating assistance provided 
under the Flexible Subsidy Program for Troubled Properties, 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 mortgage insurance, prepayment of 
the mortgage, or a sale of the project.''
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: July 7, 2016.
    Reason Waived: The owner requested and was granted a waiver of 
the requirement to repay the Flexible Subsidy Operating Assistance 
Loan in full when it became due. Deferring the loan payment will 
preserve this affordable housing resource for an additional 20 years 
through the execution and recordation of a Rental Use Agreement.
    Contact: Marilyn Carlson, Senior Account Executive, Office of 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 6156, Washington, DC 20410, telephone (202) 402-4744.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Cumberland Court Apartments, FHA Project 
Number 075-44039T, Oshkosh, Wisconsin. Cumberland Court Housing 
Commission, Incorporated (Owner) seeks approval to defer repayment 
of the Flexible Subsidy Operating Assistance Loan on the subject 
project.
    Nature of Requirement: The regulation at 24 CFR 219.220(b) 
(1995), which governs the repayment of operating assistance provided 
under the Flexible Subsidy Program for Troubled Properties, 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 mortgage insurance, prepayment of 
the mortgage, or a sale of the project.''
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: July 26, 2016.
    Reason Waived: The owner requested and was granted a waiver of 
the requirement to repay the Flexible Subsidy Operating Assistance 
Loan in full when it became due. Deferring the loan payment will 
preserve this affordable housing resource for an additional 20 years 
through the execution and recordation of a Rental Use Agreement.
    Contact: Valencia Hare, Senior Account Executive, Office of 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 6180, Washington, DC 20410, telephone (202) 402-6103.

     Regulation: 24 CFR 219.220(b)
    Project/Activity: Golden Spike Apartments, FHA Project Number 
101-44026, Denver, Colorado. Colorado Veteran and Retired 
Railroaders, Incorporated (Owner) seeks approval to defer repayment 
of the Flexible Subsidy Operating Assistance Loan on the subject 
project.
    Nature of Requirement: The regulation at 24 CFR 219.220(b) 
(1995), which governs the repayment of operating assistance provided 
under the Flexible Subsidy Program for Troubled Properties, 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 mortgage insurance, prepayment of 
the mortgage, or a sale of the project.''
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing, H
    Date Granted: July 7, 2016
    Reason Waived: The owner requested and was granted a waiver of 
the requirement to repay the Flexible Subsidy Operating Assistance 
Loan in full when it became due. Deferring the loan payment will 
preserve this affordable housing resource for an additional 20 years 
through the execution and recordation of a Rental Use Agreement.
    Contact: Marilyn Carlson, Senior Account Executive, Department 
of Housing and Urban Development, 451 7th Street SW., Washington, DC 
20410-8000, telephone: (202) 402-4744.

     Regulation: 24 CFR 219.220(b).
    Project/Activity: Manchester Knolls Cooperative and Manchester 
Knolls II Cooperative, FHA Project Numbers 071-44073 and 071-44075, 
North Chicago, Illinois. Manchester Knolls Cooperative, Incorporated 
(owner) seeks approval to defer repayment of the Flexible Subsidy 
Operating Assistance Loans on the subject projects.
    Nature of Requirement: The regulation at 24 CFR 219.220(b) 
(1995), which governs the repayment of operating assistance provided 
under the Flexible Subsidy Program for Troubled Properties, 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 mortgage insurance, prepayment of 
the mortgage, or a sale of the project.''
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing, H.
    Date Granted: September 14, 2016.
    Reason Waived: The owner requested and was granted a waiver of 
the requirement to repay the Flexible Subsidy Operating Assistance 
Loans in full when they became due. Deferring the loan payments will 
preserve these affordable housing resources for an additional 35 
years through the execution and recordation of a Rental Use 
Agreement.
    Contact: Crystal Martinez, Senior Account Executive, Office of 
Housing, Department of Housing and Urban Development, 451 7th Street 
SW., Room 6174, Washington, DC 20410, telephone (202) 402-3718.

     Regulation: 24 CFR 232.7.
    Project/Activity: CountryHouse of Grand Island is a memory care 
facility. The facility does not meet the requirements of 24 CFR 
232.7 ``Bathroom'' of FHA's regulations. The project is located in 
Grand Island, NE.
    Nature of Requirement: The regulation at 24 CFR 232.7 mandates 
in a board and care home or assisted living facility that not less 
than one full bathroom must be provided for every four residents. 
Also, the bathroom cannot be accessed from a public corridor or 
area.

[[Page 88265]]

    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: August 25, 2016.
    Reason Waived: The project is for memory care, all rooms have 
half-bathrooms and the ratio of residents to full bathroom rooms is 
6.75/1. The memory care residents need assistance with bathing. The 
project meets the State of Nebraska's licensing requirements for 
bathing and toileting facilities.
    Contact: Vance T. Morris, Operations Manager, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 2337, Washington, DC 
20401, telephone (202) 402-2419.

     Regulation: 24 CFR 232.7.
    Project/Activity: Devonshire Retirement Village is a memory care 
facility. The facility does not meet the requirements of 24 CFR 
232.7 ``Bathroom'' of FHA's regulations. The project is located in 
Lapeer, MI.
    Nature of Requirement: The regulation at 24 CFR 232.7 mandates 
in a board and care home or assisted living facility that not less 
than one full bathroom must be provided for every four residents. 
Also, the bathroom cannot be accessed from a public corridor or 
area.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: September 21, 2016.
    Reason Waived: The project is for memory care, all rooms have 
half-bathrooms and the ratio of residents to full bathroom rooms is 
7:1. The memory care residents need assistance with bathing. The 
project meets the State of Michigan's licensing requirements for 
bathing and toileting facilities.
    Contact: Vance T. Morris, Operations Manager, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 2337, Washington, DC 
20401, telephone (202) 402-2419.

     Regulation: 24 CFR 232.7.
    Project/Activity: White Pines of Fridley is a memory care 
facility. The facility does not meet the requirements of 24 CFR 
232.7 ``Bathroom'' of FHA's regulations. The project is located in 
Fridley, MN.
    Nature of Requirement: The regulation at 24 CFR 232.7 mandates 
in a board and care home or assisted living facility that not less 
than one full bathroom must be provided for every four residents. 
Also, the bathroom cannot be accessed from a public corridor or 
area.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: September 27, 2016.
    Reason Waived: The project is for memory care, all rooms have 
half-bathrooms and the ratio of residents to full bathroom rooms is 
7:1. The memory care residents need assistance with bathing. The 
project meets the State of Minnesota's licensing requirements for 
bathing and toileting facilities.
    Contact: Vance T. Morris, Operations Manager, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 2337, Washington, DC 
20401, telephone (202) 402-2419.

     Regulation: 24 CFR 232.1005.
    Project/Activity: Stygler Commons and Portage Trail Village are 
two existing Section 202 projects that received Assisted Living 
Conversion Program grants to convert the projects to assisted living 
facilities. All operating licenses and accounts receivable 
associated with revenue generated as a result of the care provided 
at these two projects were pledged as collateral for a bond 
issuances used the finance the projects. The projects are located in 
Gahanna and Cuyahoga Falls, Ohio.
    Nature of Requirement: The regulation at 24 CFR 232.1005 
mandates that all accounts deriving from the operation of the 
property, including operator accounts and including all funds 
received from any source or derived from the operation of the 
facility, are project assets subject to control under the insured 
mortgage loan's transactional documents, including, without 
limitation, the operator's regulatory agreement.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: September 21, 2016.
    Reason Waived: The waiver of the requirement, in part, is 
required to allow the projects to refinance. The bond trustee agreed 
to release the licenses associated with the projects from the 
collateral securing the bond obligation. However, all accounts 
receivable associated with the revenue generated as a result of the 
care provided continue to secure the bond obligation. All other 
accounts will be pledged in accordance with the Department's 
requirements. The service provider for the two projects agreed to 
provide a corporate guarantee to guarantee both loans.
    Contact: Vance T. Morris, Operations Manager, Office of 
Healthcare Programs, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 2337, Washington, DC 
20401, telephone (202) 402-2419.

     Regulation: 24 CFR 242.21.
    Project/Activity: LRGHealthcare (LRG) is a not-for-profit 
501(c)(3) organization that operates two facilities in New 
Hampshire: Lakes Region General Hospital, a 137-bed Sole Community 
Hospital in Laconia, NH, and Franklin Regional Hospital, a 25-bed 
acute care critical access hospital that has a 10-bed psychiatric 
receiving facility, in Franklin, NH.
    Nature of Requirement: The regulation mandates that application 
fees accompanying Section 242 applications cannot be refunded, in 
whole or in part.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: August 3, 2016.
    Reason Waived: KeyBanc Capital Markets, Inc., on behalf of LRG, 
submitted an application (and an application fee in the amount of 
$204,635.50) for a Section 223(f) loan in May 2015. After a brief 
review of the application, the Office of Hospital Facilities (OHF) 
determined that the application could not be approved. Instead, the 
Lender submitted a request for an interest rate reduction, which 
reduced the interest rate from 6.38% to 3.7%. This financing closed 
in September 2015. Typically application fees are collected to 
offset the resources expended to process an application, but HUD 
expended no resources in evaluating LRG's application. The refund 
will help improve LRG's cash position.
    Contact: Shelley M. McCracken-Rania, Senior Financial Analyst, 
Office of Healthcare Programs, Office of Housing, Department of 
Housing and Urban Development, 451 7th Street SW., Room 2247, 
Washington, DC 20410, telephone (202) 402-5366.

     Regulation: 24 CFR 266.200(c)(2).
    Project/Activity: Federal Financing Bank (FFB) Risk Sharing 
Initiative, Equity Take-Out, Rhode Island Housing Mortgage 
Corporation (Rhode Island Housing).
    Nature of Requirement: 24 CFR 266.200(c)(2) HUD's regulation at 
24 CFR 266.200(c)(2) allows existing projects to be refinanced if 
certain criteria are met. If the property is subject to an HFA 
financed loan to be refinanced and such refinancing will result in 
the preservation of affordable housing, refinancing of these 
properties is permissible if project occupancy is not less than 93 
percent (to include consideration of rent in arrears), based on the 
average occupancy in the project over the most recent 12 months, and 
the mortgage does not exceed an amount supportable by the lower of 
the unit rents being collected under the rental assistance agreement 
or the unit rents being collected at unassisted projects in the 
market area that are similar in amenities and location to the 
project for which insurance is being requested. The HUD-insured 
mortgage may not exceed the sum of the existing indebtedness, cost 
of refinancing, the cost of repairs and reasonable transaction costs 
as determined by the Commissioner. If a loan to be refinanced has 
been in default within the 12 months prior to application for 
refinancing, the HFA must assume not less than 50 percent of the 
risk.
    Equity take-outs for existing projects (refinance transactions): 
Permit the insured mortgage to exceed the sum of the total cost of 
acquisition, cost of financing, cost of repairs, and reasonable 
transaction costs or ``equity take-outs'' in refinances of HFA-
financed projects and those outside of HFA's portfolio if the result 
is preservation with the following conditions:
    1. Occupancy is no less than 93% for previous 12 months;
    2. No defaults in the last 12 months of the HFA loan to be 
refinanced;
    3. A 20-year affordable housing deed restriction placed on title 
that conforms to the 542(c) statutory definition;
    4. A Property Capital Needs Assessment (PCNA) must be performed 
and funds escrowed for all necessary repairs, and reserves funded 
for future capital needs; and
    5. For projects subsidized by Section 8 Housing Assistance 
Payment (HAP) contracts: Owner agrees to renew HAP contract(s) for 
20-year term, (subject to appropriations and statutory 
authorization, etc.,), and existing and post-refinance HAP residual 
receipts are set aside to be used to reduce future HAP payments.
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: September 6, 2016.
    Reason Waived: Necessary to effectuate the Federal Financing 
Bank (FFB) Risk Sharing

[[Page 88266]]

Initiative between Housing and Urban Development and the Treasury 
Department/FFB announced in Fiscal Year 2014. The waivers are 
consistent with changes Multifamily is seeking now to the regulation 
and as previously approved in March 2015 for the first 11 HFAs 
participating in the Initiative. Under this Initiative, FFB provides 
capital to participating Housing Finance Agencies (HFAs) to make 
multifamily loans insured under the FHA Multifamily Risk Sharing 
Program.
    Contact: Daniel J. Sullivan, Acting Director, Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 7th Street SW., Room 6134, Washington, DC, 
20410, telephone (202) 402-6130.

     Regulation: 24 CFR 290.30(a).
    Project/Activity: Eastern Parkway Apartments, FHA Project Number 
012-57049 V and W, Brooklyn, New York. Eastern Parkway HAP 
Associates, L.P. (Owner) seeks approval to waive the non-competitive 
sale of two HUD-held multifamily mortgages.
    Nature of Requirement: The regulation at 24 CFR 290.30(a), which 
governs the sale of HUD-held mortgages, states that ``[e]xcept as 
otherwise provided in Section 290.31(a)(2), HUD will sell HUD-held 
multifamily mortgages on a competitive basis.''
    Granted by: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: September 14, 2016.
    Reason Waived: The owner requested and was granted a waiver of 
the non-competitive sale of two HUD-held multifamily mortgages. A 
waiver allows the Department to assign the mortgages to the owner's 
new mortgagee to avoid paying mortgage recording tax in the State of 
New York.
    Contact: Susanna Oyewole, Account Executive, Office of Housing, 
Department of Housing and Urban Development, 451 7th Street SW., 
Room 6168, Washington, DC 20410, telephone (202) 402-6080.

     Regulation: 24 CFR 891.165.
    Project/Activity: Victoria at COMM22, San Diego, CA, Project 
Number: 129-EE036/CA33-S101-001.
    Nature of Requirement: Section 891.165 provides that the 
duration of the fund reservation of the capital advance is 18-months 
from the date of issuance with limited exceptions up to 36 months, 
as approved by HUD on a case-by-case basis.
    Granted By: Edward L. Golding, Principal Deputy Assistant 
Secretary for Housing.
    Date Granted: September 13, 2016.
    Reason Waived: Additional time was needed to meet other 
requirements of the State of California and time for the tax credit 
investor to review and approve the loan documents.
    Contact: Alicia Anderson, Branch Chief, Grants and New Funding, 
Office of Housing, Department of Housing and Urban Development, 451 
7th Street SW., Room 6138, Washington, DC 20410, telephone (202) 
402-5787.

IV. Regulatory Waivers Granted by the Office of Public and Indian 
Housing

    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 5.801(c)(1) and 24 CFR 5.801(d)(1).
    Project/Activity: Brown County North East Kansas Community 
Action Program (KS168).
    Nature of Requirement: The regulation establishes certain 
reporting compliance dates. The audited financial statements are 
required to be submitted to the Real Estate Assessment Center (REAC) 
no later than nine months after the housing authority's (HA) fiscal 
year end (FYE), in accordance with the Single Audit Act and OMB 
Circular A-133.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 21, 2016.
    Reason Waived: Brown County North Kansas Community Action 
Program, NEK-CAP (HA), a Section 8 only entity, requested an 
extension to submit its audited financial data for the fiscal year 
end (FYE) of September 30, 2015, to align with its Housing Choice 
Voucher (HCV) program. The HCV program fiscal year end change was 
granted on December 4, 2015. The additional time would permit the 
auditor necessary time to compile and complete NEK-CAP's required 
audited financial data submission to the Department.
    This FASS audited financial submission waiver (extension) does 
not apply to Single Audit submissions to the Federal Audit 
Clearinghouse; the HA is required to meet the Single Audit due date.
    Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street SW., 
Suite 100, Washington, DC 20410, telephone (202) 475-7908.

     Regulation: 24 CFR 902.25.
    Project/Activity: Rayville Housing Authority (LA105).
    Nature of Requirement: Physical inspections are required to 
ensure that public housing units are decent, safe, sanitary and in 
good repair, as determined by an inspection conducted in accordance 
with HUD's Uniform Physical Condition Standards (UPCS). Baseline 
inspections will have all properties inspected regardless of 
previous PHAS designation or physical inspection scores.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Partially Granted: July 11, 2016.
    Reason Waived: Rayville Housing Authority (HA), requested to be 
waived from all physical inspections and physical condition scoring 
of property/units for its fiscal year end (FYE) of September 30, 
2016.
    Pursuant to 24 CFR 5.110, the HA was granted a partial waiver 
for good cause of the PHAS and physical inspection score for its FYE 
September 30, 2016. The HA was advised that the inspection results 
will be for informational purposes and would not serve as the 
inspection of record. The HA was also advised that September 30, 
2017, would be the baseline year to determine its eligibility for 
Small PHA Deregulation and that a new inspection would be required 
upon that date.
    Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street SW., 
Suite 100, Washington, DC 20410, telephone (202) 475-7908.

     Regulation: 24 CFR 902.25.
    Project/Activity: Bogalusa Housing Authority (LA024).
    Nature of Requirement: Physical inspections are required to 
ensure that public housing units are decent, safe, sanitary and in 
good repair, as determined by an inspection conducted in accordance 
with HUD's Uniform Physical Condition Standards (UPCS). Baseline 
inspections will have all properties inspected regardless of 
previous PHAS designation or physical inspection scores.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Partially Granted: August 9, 2016.
    Reason Waived: Bogalusa Housing Authority (HA), requested to be 
waived from all physical inspections and physical condition scoring 
of property/units for its fiscal year end (FYE) of September 30, 
2016.
    Pursuant to 24 CFR 5.110, the HA was granted a partial waiver 
for good cause of the PHAS and physical inspection score for its FYE 
September 30, 2016. The HA was advised that the inspection results 
will be for informational purposes and would not serve as the 
inspection of record. The HA was also advised that September 30, 
2017, would be the baseline year to determine its eligibility for 
Small PHA Deregulation and that a new inspection would be required 
upon that date.
    Contact: Dee Ann R. Walker, Acting Program Manager, NASS, Real 
Estate Assessment Center, Office of Public and Indian Housing, 
Department of Housing and Urban Development, 550 12th Street SW., 
Suite 100, Washington, DC 20410, telephone (202) 475-7908.

     Regulation: 24 CFR 982.251(c).
    Project/Activity: Department of Housing and Community 
Development in Boston, Massachusetts requested a waiver of 24 CFR 
982.251(c) so that HUD-Veterans Affairs Supportive Housing (VASH) 
families do not have to be placed on the agency's waiting list for 
HUD-VASH project-based voucher (PBV) assistance.
    Nature of Requirement: 24 CFR 982.251(c) states that a PHA shall 
select families to receive PBV assistance from its waiting list.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 29, 2016.
    Reason Waived: This regulation was waived so that the VA could 
refer families to a new veterans' facility in Bedford, Massachusetts 
without placing their names on a waiting list. Having to use a 
waiting list for PBV assistance could delay housing these veterans. 
In addition, HUD-VASH families are not placed on a waiting list for 
tenant-based voucher assistance.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW.,

[[Page 88267]]

Room 4216, Washington, DC 20410, telephone (202) 708-0477.

     Regulation: 24 CFR 982.251(c).
    Project/Activity: Brockton Housing Authority in Brockton, 
Massachusetts, requested a waiver of 24 CFR 982.251(c) so that HUD-
Veterans Affairs Supportive Housing (VASH) families do not have to 
be placed on the agency's waiting list for HUD-VASH project-based 
voucher (PBV) assistance.
    Nature of Requirement: 24 CFR 982.251(c) states that a PHA shall 
select families to receive PBV assistance from its waiting list.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 19, 2016.
    Reason Waived: This regulation was waived so that the VA could 
refer families to a new veterans' facility on the grounds of the 
Brockton VA Medical Center in Brockton, Massachusetts without 
placing their names on a waiting list. Having to use a waiting list 
for PBV assistance could delay housing these veterans. In addition, 
HUD-VASH families are not placed on a waiting list for tenant-based 
voucher assistance.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.503(c).
    Project/Activity: Howard County Housing Commission (HCHC) in 
Columbia, Maryland, requested a waiver of 24 CFR 982.503(c) so that 
it could receive approval for exception payment standards at 135 
percent of the fair market rents.
    Nature of Requirement: This regulation requires certain 
conditions prior to the approval of area-wide exception payment 
standards which the HCHC did not meet.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 19, 2016.
    Reason Waived: This waiver was granted because in 2016 the 
separate FMRs for Columbia were eliminated and combined with the 
FMRs for the Baltimore Metropolitan Statistical Area which will 
result in an increase in family rents after the tenant protection is 
eliminated.
    Contact: Becky Primeaux, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher 
Programs, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 
20410, telephone (202) 708-0477.

     Regulations: 24 CFR 982.503(c)(4)(ii), 982.503(c)(5) 
and 982.503(c)(3)(i)(B).
    Project/Activity: Housing Authority of the City of Lake Charles 
in Lake Charles, Louisiana, requested a waiver of these regulations 
so that it could receive approval for exception payment standards at 
135 percent of the fair market rents (FMR).
    Nature of Requirement: These regulations require: (1) A six-
month wait until payment standards could go above the basic range; 
(2) exception payment standards could not include more than 50 
percent of the FMR area; and (3) approval must be supported by 
statistically representative rental housing survey data.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 19, 2016.
    Reason Waived: These waivers were granted because of a shock to 
the rental housing market caused by increased economic activity in 
the FMR area due to the expansion of the petrochemical industry. 
These corporations leased hundreds of units that were previously 
available for voucher participants.
    Contact: Becky Primeaux, Director, Housing Voucher Management 
and Operations Division, Office of Public Housing and Voucher 
Programs, Office of Public and Indian Housing, Department of Housing 
and Urban Development, 451 7th Street SW., Room 4216, Washington, DC 
20410, telephone (202) 708-0477.

     Regulation: 24 CFR 982.503(e)(1).
    Project/Activity: Housing Works in Redmond, Oregon, requested a 
waiver of 24 CFR 982.505(e)(1) to enable the housing authority to 
adopt success rate payment standards.
    Nature of Requirement: 24 CFR 982.505(e)(1) states that a public 
housing agency (PHA) may obtain HUD Field Office approval of success 
rate payment standard amounts provided the PHA demonstrates that is 
has established payment standard amounts for all unit sizes in the 
entire PHA's jurisdiction with the fair market rent (FMR) area at 
110 percent of the published FMR for at least the six-month period 
prior to the time the request for success rate payment standards is 
made to HUD.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 9, 2016.
    Reason Waived: One of the counties in the FMR area did not 
warrant success rate payment standards as the non-success rate 
payment standards were adequate in that county.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(c)(4).
    Project/Activity: Vallejo Housing Authority in Vallejo, 
California, requested a waiver of 24 CFR 982.505(c)(4) so that it 
could approve an exception payment standard amount above 120 percent 
of the fair market rents (FMR) as a reasonable accommodation.
    Nature of Requirement: 24 CFR 982.505(c)(4) states that if the 
payment standard amount is increased during the term of the housing 
assistance payment contract, the increased payment standard shall be 
used to calculate the monthly housing assistance payment for the 
family beginning at the effective date of the family's first regular 
reexamination on or after the effect date of the increase in the 
payment standard amount.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 25, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share subsequent to the owner's rent increase 
prior to the annual recertification.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: San Francisco Housing Authority in San 
Francisco, California, requested a waiver of 24 CFR 982.505(d) so 
that it could approve an exception payment standard amount above 120 
percent of the fair market rents (FMR) as a reasonable 
accommodation.
    Nature of Requirement: 24 CFR 982.505(d) states that a public 
housing agency may only approve a higher payment standard for a 
family as a reasonable accommodation if the higher payment standard 
is no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 9, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: San Francisco Housing Authority in San 
Francisco, California, requested a waiver of 24 CFR 982.505(d) so 
that it could approve an exception payment standard amount above 120 
percent of the fair market rents (FMR) as a reasonable 
accommodation.
    Nature of Requirement: 24 CFR 982.505(d) states that a public 
housing agency may only approve a higher payment standard for a 
family as a reasonable accommodation if the higher payment standard 
is no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 9, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40

[[Page 88268]]

percent of its adjusted income toward the family share.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Housing Authority of the County of Los Angeles 
in Alhambra, California, requested a waiver of 24 CFR 982.505(d) so 
that it could approve an exception payment standard amount above 120 
percent of the fair market rents (FMR) as a reasonable 
accommodation.
    Nature of Requirement: 24 CFR 982.505(d) states that a public 
housing agency may only approve a higher payment standard for a 
family as a reasonable accommodation if the higher payment standard 
is no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 20, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202)708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Housing Authority of Douglas County in 
Roseburg, Oregon, requested a waiver of 24 CFR 982.505(d) so that it 
could approve an exception payment standard amount above 120 percent 
of the fair market rents (FMR) as a reasonable accommodation.
    Nature of Requirement: 24 CFR 982.505(d) states that a public 
housing agency may only approve a higher payment standard for a 
family as a reasonable accommodation if the higher payment standard 
is no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 21, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Bellingham Whatcom County Housing Authorities 
in Bellingham, Washington, requested a waiver of 24 CFR 982.505(d) 
so that it could approve an exception payment standard amount above 
120 percent of the fair market rents (FMR) as a reasonable 
accommodation.
    Nature of Requirement: 24 CFR 982.505(d) states that a public 
housing agency may only approve a higher payment standard for a 
family as a reasonable accommodation if the higher payment standard 
is no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 25, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Vallejo Housing Authority in Vallejo, 
California, requested a waiver of 24 CFR 982.505(d) so that it could 
approve an exception payment standard amount above 120 percent of 
the fair market rent (FMR) as a reasonable accommodation.
    Nature of Requirement: 24 CFR 982.505(d) states that a public 
housing agency may only approve a higher payment standard for a 
family as a reasonable accommodation if the higher payment standard 
is no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 9, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Arvada Housing Authority in Arvada, 
California, requested a waiver of 24 CFR 982.505(d) so that it could 
approve an exception payment standard amount above 120 percent of 
the fair market rent (FMR) as a reasonable accommodation.
    Nature of Requirement: 24 CFR 982.505(d) states that a public 
housing agency may only approve a higher payment standard for a 
family as a reasonable accommodation if the higher payment standard 
is no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: August 19, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Ithaca Housing Authority in Ithaca, New York, 
requested a waiver of 24 CFR 982.505(d) so that it could approve an 
exception payment standard amount above 120 percent of the fair 
market rent (FMR) as a reasonable accommodation.
    Nature of Requirement: 24 CFR 982.505(d) states that a public 
housing agency may only approve a higher payment standard for a 
family as a reasonable accommodation if the higher payment standard 
is no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 19, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 982.505(d).
    Project/Activity: Boston Housing Authority in Boston, 
Massachusetts, requested a waiver of 24 CFR 982.505(d) so that it 
could approve an exception payment standard amount above 120 percent 
of the fair market rent (FMR) as a reasonable accommodation.
    Nature of Requirement: 24 CFR 982.505(d) states that a public 
housing agency may only approve a higher payment standard for a 
family as a reasonable accommodation if the higher payment standard 
is no more than 120 percent of the FMR for the unit size.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 30, 2016.
    Reason Waived: This regulation was waived as a reasonable 
accommodation to allow a disabled participant to receive housing 
assistance and pay no more than 40 percent of its adjusted income 
toward the family share.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and

[[Page 88269]]

Indian Housing, Department of Housing and Urban Development, 451 7th 
Street SW., Room 4216, Washington, DC 20410, telephone (202) 708-
0477.

     Regulation: 24 CFR 985.101(a).
    Project/Activity: The Flint Housing Commission (FHC) in Flint, 
Michigan, requested a waiver of 24 CFR 985.101(a) so that it could 
submit its Section Eight Management Assessment Program (SEMAP) 
certification after the deadline.
    Nature of Requirement: 24 CFR 985.101(a) states a PHA must 
submit the HUD-required SEMAP certification form within 60 calendar 
days after the end of its fiscal year.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 19, 2016.
    Reason Waived: This waiver was granted for the FHC's fiscal year 
ending August 29, 2016. The waiver was approved because of 
circumstances beyond the PHA's control and to prevent additional 
administrative burdens for the PHA and field office.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 985.101(a).
    Project/Activity: Tallahassee Housing Authority (THA) in 
Tallahassee, Florida, requested a waiver of 24 CFR 985.101(a) so 
that it could submit its Section Eight Management Assessment Program 
(SEMAP) certification after the deadline.
    Nature of Requirement: 24 CFR 985.101(a) states a PHA must 
submit the HUD-required SEMAP certification form within 60 calendar 
days after the end of its fiscal year.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 28, 2016.
    Reason Waived: This waiver was granted for the THA's fiscal year 
ending August 29, 2016. The waiver was approved because of 
circumstances beyond the THA's control and to prevent additional 
administrative burdens for the PHA and field office.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 7th Street SW., Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

     Regulation: 24 CFR 1000.224.
    Project/Activity: Quechan Housing Authority, Winterhaven, CA 
92283.
    Nature of Requirement: HUD has the general authority under 
Section 101(b)(2) of NAHASDA to waive any IHP requirement when an 
Indian Tribe cannot comply with IHP requirements due to exigent 
circumstances beyond its control, for a period of not more than 90 
days.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: July 14, 2016.
    Reason Waived: A waiver was requested and granted to extend the 
due date for Quechan Housing Authority's 2017 Indian Housing Plan 
because of exigent circumstances in order to provide flexibility to 
address the needs of the Indian Tribe.
    Contact: Deborah Apsey, GM Specialist, Office of Public and 
Indian Housing, Department of Housing and Urban Development, 1 North 
Central Avenue, Suite 600, Phoenix, Arizona 85004, telephone (602) 
379-7217.

     Regulation: 24 CFR 1006.410(a)(2).
    Project/Activity: Native Hawaiian Housing Block Grant Program 
Annual Performance Report (APR) Honolulu, Hawaii.
    Nature of Requirement: Each fiscal year the Department of 
Hawaiian Home Lands (DHHL) must submit a performance report to HUD 
within 60 days of the end of DHHL's fiscal year.
    Granted By: Lourdes Castro Ram[iacute]rez, Principal Deputy 
Assistant Secretary for Public and Indian Housing.
    Date Granted: September 19, 2016.
    Reason Waived: DHHL was granted a 30-day extension to the due 
date to complete the subrecipient monitoring and allow public 
comment on the APR.
    Contact: Claudine Allen, Program Specialist, Office of Public 
and Indian Housing, Department of Housing and Urban Development, 
1132 Bishop Street, Suite 1400, Honolulu, HI 96813, telephone (808) 
457-4674.
[FR Doc. 2016-29354 Filed 12-6-16; 8:45 am]
 BILLING CODE 4210-67-P