Notice of Regulatory Waiver Requests Granted for the Second Quarter of Calendar Year 2017, 45877-45881 [2017-21075]

Download as PDF Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices Recovery, Federal Emergency Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Texas is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of August 25, 2017. Burleson, Grimes, Madison, and Washington Counties for Public Assistance. Austin, Bastrop, and Lee Counties for Public Assistance [Categories C–G] (already designated for debris removal and emergency protective measures [Categories A and B], including direct federal assistance, under the Public Assistance program). The following Catalog of Federal Domestic Assistance Numbers (CFDA) are to be used for reporting and drawing funds: 97.030, Community Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048, Disaster Housing Assistance to Individuals and Households In Presidentially Declared Disaster Areas; 97.049, Presidentially Declared Disaster Assistance— Disaster Housing Operations for Individuals and Households; 97.050 Presidentially Declared Disaster Assistance to Individuals and Households—Other Needs; 97.036, Disaster Grants—Public Assistance (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. Brock Long, Administrator, Federal Emergency Management Agency. [FR Doc. 2017–21120 Filed 9–29–17; 8:45 am] BILLING CODE 9111–23–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency [Internal Agency Docket No. FEMA–4337– DR; Docket ID FEMA–2017–0001] Florida; Amendment No. 9 to Notice of a Major Disaster Declaration Federal Emergency Management Agency, DHS. ACTION: Notice. AGENCY: This notice amends the notice of a major disaster declaration for the State of Florida (FEMA–4337–DR), dated September 10, 2017, and related determinations. DATES: This amendment was issued September 21, 2017. FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and Recovery, Federal Emergency sradovich on DSK3GMQ082PROD with NOTICES SUMMARY: VerDate Sep<11>2014 19:01 Sep 29, 2017 Jkt 244001 45877 Reform Act. This notice contains a list of regulatory waivers granted by HUD during the period beginning on April 1, 2017, and ending on June 30, 2017. 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, Baker, Broward, Charlotte, Clay, Collier, Duval, Flagler, Glades, Hendry, Hillsborough, telephone 202–708–1793 (this is not a toll-free number). Persons with hearingLee, Manatee, Miami-Dade, Monroe, Nassau, or speech-impairments may access this Palm Beach, Pasco, Putnam, Pinellas, number through TTY by calling the tollSarasota, and St. Johns Counties for Public Assistance [Categories C–G](already free Federal Relay Service at 800–877– designated for Individual Assistance and 8339. assistance for debris removal and emergency For information concerning a protective measures [Categories A and B], particular waiver that was granted and including direct federal assistance, under the for which public notice is provided in Public Assistance program). this document, contact the person The following Catalog of Federal Domestic whose name and address follow the Assistance Numbers (CFDA) are to be used description of the waiver granted in the for reporting and drawing funds: 97.030, accompanying list of waivers that have Community Disaster Loans; 97.031, Cora been granted in the second quarter of Brown Fund; 97.032, Crisis Counseling; calendar year 2017. 97.033, Disaster Legal Services; 97.034, Disaster Unemployment Assistance (DUA); SUPPLEMENTARY INFORMATION: 97.046, Fire Management Assistance Grant; Section 106 of the HUD Reform Act 97.048, Disaster Housing Assistance to added a new section 7(q) to the Individuals and Households In Presidentially Department of Housing and Urban Declared Disaster Areas; 97.049, Development Act (42 U.S.C. 3535(q)), Presidentially Declared Disaster Assistance— which provides that: Disaster Housing Operations for Individuals 1. Any waiver of a regulation must be and Households; 97.050 Presidentially in writing and must specify the grounds Declared Disaster Assistance to Individuals for approving the waiver; and Households—Other Needs; 97.036, 2. Authority to approve a waiver of a Disaster Grants—Public Assistance regulation may be delegated by the (Presidentially Declared Disasters); 97.039, Hazard Mitigation Grant. Secretary only to an individual of Assistant Secretary or equivalent rank, Brock Long, and the person to whom authority to Administrator, Federal Emergency waive is delegated must also have Management Agency. authority to issue the particular [FR Doc. 2017–21115 Filed 9–29–17; 8:45 am] regulation to be waived; BILLING CODE 9111–23–P 3. Not less than quarterly, the Secretary must notify the public of all waivers of regulations that HUD has DEPARTMENT OF HOUSING AND approved, by publishing a notice in the URBAN DEVELOPMENT Federal Register. These notices (each covering the period since the most [Docket No. FR–6035–N–02] recent previous notification) shall: a. Identify the project, activity, or Notice of Regulatory Waiver Requests undertaking involved; Granted for the Second Quarter of b. Describe the nature of the provision Calendar Year 2017 waived and the designation of the AGENCY: Office of the General Counsel, provision; HUD. c. Indicate the name and title of the ACTION: Notice. person who granted the waiver request; d. Describe briefly the grounds for SUMMARY: Section 106 of the Department approval of the request; and of Housing and Urban Development e. State how additional information Reform Act of 1989 (the HUD Reform about a particular waiver may be Act) requires HUD to publish quarterly obtained. Federal Register notices of all Section 106 of the HUD Reform Act regulatory waivers that HUD has also contains requirements applicable to approved. Each notice covers the waivers of HUD handbook provisions quarterly period since the previous that are not relevant to the purpose of Federal Register notice. The purpose of this notice. This notice follows procedures this notice is to comply with the provided in HUD’s Statement of Policy requirements of section 106 of the HUD Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646–2833. SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration for the State of Florida is hereby amended to include the following areas among those areas determined to have been adversely affected by the event declared a major disaster by the President in his declaration of September 10, 2017. PO 00000 Frm 00083 Fmt 4703 Sfmt 4703 E:\FR\FM\02OCN1.SGM 02OCN1 sradovich on DSK3GMQ082PROD with NOTICES 45878 Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices 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 April 1, 2017 through June 30, 2017. 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 § 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 second quarter of calendar year 2017) before the next report is published (the third quarter of calendar year 2017), HUD will include any additional waivers granted for the second quarter in the next report. Accordingly, information about approved waiver requests pertaining to HUD regulations is provided in the Appendix that follows this notice. VerDate Sep<11>2014 19:01 Sep 29, 2017 Jkt 244001 Dated: September 26, 2017. Beth Zorc, Principal Deputy General Counsel. Appendix Listing of Waivers of Regulatory Requirements Granted by Offices of the Department of Housing and Urban Development April 1, 2017 Through June 30, 2017 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 V. 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 91.105(b)(4) and 24 CFR 91.115(b)(4). Project/Activity: On December 15, 2016, HUD issued CPD Notice #CPD–16–18 providing procedures for the submission and review of consolidated plans and action plans for FY 2017 funding prior to the enactment of a FY 2017 HUD appropriation bill. These procedures apply to any grantee whose consolidated plan/action plan submission deadline (45 days before the start of the program year) falls either before, or up to 60 days after, HUD’s announcement of the FY 2017 formula program funding allocations for CDBG, ESG, HOME and HOPWA formula funding. The Notice advised these grantees not to submit their consolidated plans and action plans until the FY 2017 formula allocations were announced. Nature of Requirement: The provisions at 24 CFR 91.105(b)(4) and 91.115(b)(4) require that grantees provide a period of not less than 30 days during which affected citizens may review and comment on the FY 2017 consolidated plan or action plan prior to its implementation. Granted By: Clifford Taffet, General Deputy Assistant Secretary, Community Planning and Development. Date Granted: May 10, 2017, with corrected waiver on May 18, 2017, for immediate effect. Reason Waived: Under 24 CFR 91.15(a)(2), HUD cannot accept a consolidated plan or annual action plan submission later than August 16, 2017. If HUD does not receive a consolidated plan or action plan by August 16, 2017, a grantee automatically loses its FY 2017 CDBG funding. Implementation of the procedures provided in HUD Notice CPD– 16–18 and the timing of the enactment of the FY 2017 appropriations act leaves PO 00000 Frm 00084 Fmt 4703 Sfmt 4703 insufficient time for grantees to complete the pre-submission or pre-amendment citizen participation publication and comment process before the August 16, 2017 deadline. Given the delay in appropriations and the need for HUD to award funds so that grantees may begin to address their housing and community development needs, HUD waived the requirements in 24 CFR 91.105(b)(4) and 91.115(b)(4) to allow grantees to reduce the public comment period to a minimum of 14 calendar days. This waiver ensures grantees do not lose their FY 2017 funding, while also affording citizens a meaningful public comment period. Any affected grantee taking advantage of this waiver must document in writing the conditions for the need to utilize this waiver and must maintain this documentation for HUD’s review. This waiver authority is only in effect until August 16, 2017. Contact: Steve Johnson, Director, Entitlement Communities Division, Office of Block Grant Assistance, Office of Community Planning and Development, 451 7th Street SW., Room 7282, Washington, DC 20410, telephone (202) 708–1577. II. Regulatory Waivers Granted by the 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) agencies nationwide. Nature of Requirement: Special Enforcement Effort (SEE) funds are funds that HUD will provide to an agency to enhance enforcement activities of the agency’s fair housing law. SEE funds will be a maximum of 20% of the agency’s total FHAP cooperative agreement for the previous contract year, based on approval of eligible activity or activities, and based on the appropriation of funds. Granted By: Bryan Greene, General Deputy Assistant Secretary for Fair Housing and Equal Opportunity. Date Granted: June 5, 2017. Reason Waived: Temporary waiver of the 20 percent limitation on SEE Funds for eligible FHAP agencies whose total cooperative agreement for fiscal year 2016 was less than $300,000. Contact: Joseph Pelletier, Director, Fair Housing Assistance Program, Office of Fair Housing and Equal Opportunity, Department of Housing of Urban Development, 451 Seventh 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 the contact person that immediately follows the description of the waiver granted. • Regulation: 24 CFR 200.73 (c). Project/Activity: West Town Housing Preservation, Chicago, Illinois, Project No. 071–35892. Nature of Requirement: HUD’s regulation at 24 CFR 200.73(c) requiring that ‘‘not less E:\FR\FM\02OCN1.SGM 02OCN1 sradovich on DSK3GMQ082PROD with NOTICES Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices than five rental dwelling units [of an FHA insured multifamily housing project] shall be on one site. The property is a large, scatteredsite portfolio of 68 apartment properties on 68 separate parcels. Forty-eight parcels have at least five units per site, so a majority of the parcels already meet the regulatory requirements. FHA will insure a loan through Section 221(d)(4) program to assist in the purchase and substantial rehabilitation of these properties. The unit counts for the buildings range from two to twelve, for a total of 318 units known as West Town Housing Preservation. Granted by: Dana Wade, Principal Deputy Assistant Secretary for Housing, H. Date Granted: April 12, 2017. Reason Waived: The property is ‘‘affordable’’, and it is in line with HUD’s mission to continue to ensure availability for residents in need of subsidized housing. Additionally, the project is zip codes 60622 and 60647, which have seen some of the highest rates of property appreciation over the past several decades in Chicago. The perseveration of these units as affordable housing is urgently needed due to the rapid gentrification that has taken place in the area in recent years. HUD is already subsidizing the property by the Section 8 contracts. Contact: Daniel J. Sullivan, Acting Director, Office of Multifamily Production, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6134, Washington, DC 20410, telephone (202) 402–6130. • Regulation: 24 CFR 200.73(c). Project/Activity: Fields Corner Granite, FHA Project Number 023–1145, Dorchester, Massachusetts. Rockport Mortgage Company has applied for mortgage insurance under the Section 223(f) program to refinance Fields Corner Granite as a single project. Nature of Requirement: HUD’s regulation at 24 CFR 200.73(c) which, states that a site must contain no less than 5 rental dwelling units. Section 3.2.O.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: Dana Wade, Principal Deputy Assistant Secretary for Housing, H. Date Granted: May 17, 2017. Reason Waived: The waiver was granted to allow Fields Corner Granite as a single project since its meet HUD’s goal of preserving and maintaining affordable rental housing for low income families. The property consists of 67 units, configured as 1 studio unit, 24 one bedroom units, 24 two bedroom units, 7 three bedroom units, and 11 four bedroom units in the Fields Corner neighborhood of the Dorchester section of Boston. There is a total of 15 buildings situated on 5 sites, and referenced by the assessor as 10 separate parcels. Several of the buildings are located on adjoining sites with some of the structures being attached and sharing common utilities. Three of the sites are in the immediate vicinity of each other. Two sites are located within 11 blocks of each other. The sites have all been managed as a single entity. Contact: Daniel J. Sullivan, Acting Director, Office of Multifamily Production, VerDate Sep<11>2014 19:01 Sep 29, 2017 Jkt 244001 Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6134, Washington, DC 20410, telephone (202) 402–6130. • Regulation: 24 CFR 200.73 (c). Project/Activity: Camden Townhomes, FHA Project Number 035–35105, Camden, New Jersey. The owner and the proposed lender, Love Funding Company have applied for mortgage insurance under Section 221(d)(4) for the substantial rehabilitation of the Camden Townhouses, supplemented with 4% Low Income Housing Tax Credits and the loan proceeds from the Section 221(d)(4) loan of $12,637,200. Nature of Requirement: HUD’s regulation at 24 CFR 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. Camden Townhouses is an existing 89-unit affordable housing property located in Camden, New Jersey. All 89 units were constructed during the late 19th and early 20th centuries. Thirty two of the eightynine units are located on sites that are comprised of five or more units. All units are located within 10 blocks of each other. Granted By: Dana Wade, Principal Deputy Assistant Secretary for Housing, H. Date Granted: June 8, 2017. Reason Waived: The waiver was granted to allow the Camden Townhouses to proceed with an approved new 20-year Section 8 PBV HAP contract. The property will be renovated using New Jersey Housing and Mortgage Finance Agency (NJMFA) 4% LIHTC. The scattered sites were assembled and recognized as a single manageable and marketable development by the New Jersey Department of Community Affairs (NJDCA). The project has been professionally managed as one project since its inception and has one operating budget. The property is ‘‘affordable’’ and it meets HUD’s mission to continue to ensure availability for residents in need of subsidized housing. HUD is already subsidizing the property through the Section 8 contracts. The project is in Camden, New Jersey, where the occupancy has remained strong and there is a high demand for affordable rental housing. Contact: Daniel J. Sullivan, Acting Director, Office of Multifamily Production, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6134, Washington, DC 20410, telephone (202) 402–6130. • Regulation: 24 CFR 266.410(e). Project/Activity: Minnesota Housing Finance Agency’s (Minnesota Housing), Risk Sharing Program, St. Paul, Minnesota. Nature of Requirement: The 24 CFR 266.410(e) Amortization. Requires mortgages insured under the 542(c) Housing Finance Agency Risk Sharing Program to be fully amortized over the term of the mortgage. The waiver would permit Minnesota Housing to provide loans that would have a minimum term of 17 years (‘‘balloon loans’’). Minnesota Housing would be able to provide additional financing options to their customers and better align the agency’s business practices with industry standards. The waiver would expire on December 18, 2018. PO 00000 Frm 00085 Fmt 4703 Sfmt 4703 45879 Granted By: Dana Wade, Principal Deputy Assistant Secretary for Housing, H. Date Granted: June 19, 2017. Reason Waived: This will reduce Minnesota Housing Finance Agency’s cost of capital, which should translate into lower rates for their borrowers, and will support their preservation efforts. Application of this waiver is limited in both time and scope. The Department’s exposure is further limited with the condition that Minnesota Housing takes 50 percent or more of the risk on these transactions. Minnesota Housing anticipates that new construction or substantial rehabilitation projects that are awarded Low Income Housing Tax Credits (LIHTC) would use the balloon loan product, as well as clients who have been utilizing other financing option, such as Fannie Mae or Freddie Mac, rather than Risk Share. Minnesota Housing Finance Agency’s waiver approval is subject to the following conditions: 1. Minnesota Housing must elect to take 50 percent or more of the risk of loss on all transactions; 2. The waiver expires on December 31, 2018, or when HUD’s proposed rule revision becomes final, whichever event occurs first; 3. All other requirements of 24 CFR 266.410 remain applicable. The waiver is applicable only for new construction or substantial rehabilitation projects; 4. In accordance with 24 CFR 266.200(d), the mortgage may not exceed an amount supportable by the lower of Section 8, or comparable unassisted market rents; 5. If applicable, projects must comply with Davis–Bacon labor standards in accordance with 24 CFR 266.225. 6. Minnesota Housing must comply with regulations stated in 24 CFR 266.210 for insured advance or insurance upon completion transactions. 7. An Affordable Housing Deed restriction for 20 years must be recorded. Contact: Daniel J. Sullivan, Acting Director, Office of Multifamily Production, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6134, Washington, DC 20410, telephone (202) 402–6130. • Regulation: 24 CFR 290.30. Project/Activity: La Casse/South Canal Apartments, FHA Project Number 023– 105NI, Holyoke, MA. The Office of Multifamily Housing received a proposal from MassHousing, a state housing finance agency, to purchase a HUD-held Flexible Subsidy Operating Assistance Program note for $587,969 on a non-competitive basis. The balance on the Flexible Subsidy note was $6.7 million which alone was more than twice the as-is appraised value of the property. There was no equity in which to size a mortgage or utilize Low Income Housing Tax Credits, and therefore no ability to refinance all the existing debt on the property and defer the Flexible Subsidy Note with terms wherein it would be repayable. Nature of Requirement: Section 290.30 requires that HUD shall sell HUD-held multifamily mortgages on a competitive basis. Granted by: Genger Charles, General Deputy Assistant Secretary for Housing. E:\FR\FM\02OCN1.SGM 02OCN1 sradovich on DSK3GMQ082PROD with NOTICES 45880 Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices Date Granted: May 17, 2017. Reason Waived: The proposed purchase price was deemed to be the highest recovery amount possible on the note. Due to the lack of operating funds to repay on the note and its 4th lien position, there was a high risk that there would be no bidders on a competitive basis. MassHousing approved a refinancing of the property in which their purchase of the note would significantly reduce the debt burden and allow the property to cash flow and be rehabilitated. The waiver of the proposed portion of the 24 CFR 290.30 does not violate any statutory requirements. Granting of this waiver ensured that the Department obtained the maximum recovery as possible on the claim, while selling to an entity fully invested in the preservation of affordable housing. Contact: Thomas R. Davis, Director, Office of Recapitalization, Office of Multifamily Housing, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6230, Washington, DC 20410, telephone (202) 402–7549. • Regulation: 24 CFR 290.30(a). Project/Activity: Andrews Plaza, FHA Project Number 012–57128 V, Bronx, New York. Andrews Plaza Housing Associates, L.P. (Owner) seeks approval to waive the non-competitive sale of a HUD-held multifamily mortgage. 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: Genger Charles, General Deputy Assistant Secretary for Housing, H. Date Granted: May 4, 2017. Reason Waived: The owner requested and was granted a waiver of the non-competitive sale of a HUD-held multifamily mortgage. A waiver allows the Department to assign the mortgage to the owner’s new mortgagee to avoid paying mortgage recording tax in the State of New York. Contact: Cindy Bridges, Senior Account Executive, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6168, Washington, DC 20410, telephone (202) 402–2603. • Regulation: 24 CFR 290.30(a). Project/Activity: Prospect Arms, FHA Project Number 012–57053 V and W, Brooklyn, New York. Prospect Arms, L.P. (owner) seeks approval to waive the noncompetitive 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: Genger Charles, General Deputy Assistant Secretary for Housing, H. Date Granted: June 8, 2017. 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. VerDate Sep<11>2014 19:01 Sep 29, 2017 Jkt 244001 Contact: Cindy Bridges, Senior Account Executive, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6168, Washington, DC 20410, telephone (202) 402–2603. • Regulation: 24 CFR 290.30(a). Project/Activity: Miramar Court Apartments, FHA Project Number 012–57123 V, Bronx, New York. LRF Housing Associates, L.P. (Owner) seeks approval to waive the non-competitive sale of a HUDheld multifamily mortgage. 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: Genger Charles, General Deputy Assistant Secretary for Housing, H. Date Granted: June 23, 2017. Reason Waived: The owner requested and was granted a waiver of the non-competitive sale of a HUD-held multifamily mortgage. A waiver allows the Department to assign the mortgage to the owner’s new mortgagee to avoid paying mortgage recording tax in the State of New York. Contact: Cindy Bridges, Senior Account Executive, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6168, Washington, DC 20410, telephone (202) 402–2603. • Regulation: 24 CFR 290.30(a). Project/Activity: Villa Alejandrina Apartments, FHA Project Number 012–57308 V and W, Bronx, New York. Brook Avenue Development Company, 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]except as otherwise provided in Section 290.31(a)(2), HUD will sell HUD-held multifamily mortgages on a competitive basis.’’ Granted by: Genger Charles, General Deputy Assistant Secretary for Housing, H. Date Granted: June 23, 2017. 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: Cindy Bridges, Senior Account Executive, Office of Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room 6168, Washington, DC 20410, telephone (202) 402–2603. 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 and 24 CFR 902.33(b). Project/Activity: Kennewick Housing Authority (WA012). Nature of Requirement: The regulation establishes certain reporting compliance dates. The audited financial statements are required to be submitted to the Real Estate PO 00000 Frm 00086 Fmt 4703 Sfmt 4703 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 2 CFR part 200 subpart F. Granted By: Jemine A. Bryon, General Deputy Assistant Secretary for Public and Indian Housing. Date Granted: May 19, 2017. Reason Waived: The Kennewick Housing Authority requested relief of financial condition scoring and its financial reporting requirements for the fiscal year end (FYE) of September 30, 2016. The HA’s records and building contents were all destroyed during the storm disaster of October 2016. Therefore, the HA was approved until June 12, 2017, to submit its unaudited financial statements, as well as to submit its audited financial statements to HUD. The audited financial approval only permits the extension for filing. This FASS audited financial submission 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 990.250(b)(1). Project/Activity: Alexander County HA (ACHA) in Cairo, IL (Code: IL007). Nature of Requirement: The regulation states that a Public Housing Agency (PHA) is required to acquire an independent cost assessment of its projects when requesting an operating subsidy appeal. The ACHA requested a waiver to the requirement to receive an independent cost estimate to appeal their project expense level (PEL) funding. Granted By: Jemine A. Bryon, General Deputy Assistant Secretary for Public and Indian Housing. Date Granted: May 31, 2017. Reason Waived: ACHA, currently under HUD posession, faces economic hardship that severely impact its financial stability, and limit the PHA’s ability to complete an independent cost estimate prior to the submission of a PEL appeal. An April 2017 report completed by HUD’s Quality Assurance Subsystem (QASS) determined that the model-generated PEL was not accurate for comparable properties in the market area resulting in reduced funding by more than ten percent. Coupled with ACHA’s dire financial position and accompanying exigent circumstances, HUD found that the QASS report meet the intent of the requirement of 24 CFR 990.250(b)(1). Thereby, the Department determined that ACHA demonstrated good cause pursuant to 24 CFR part 5.110 to grant the waiver. Contact: Monica Shepherd, Public Housing Management and Occupancy Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW., Room E:\FR\FM\02OCN1.SGM 02OCN1 45881 Federal Register / Vol. 82, No. 189 / Monday, October 2, 2017 / Notices 4208, Washington, DC 20410, telephone (202) 402–5687. [FR Doc. 2017–21075 Filed 9–29–17; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–5997–N–65] 30-Day Notice of Proposed Information Collection: HUD Environmental Review Online System (HEROS) Office of the Chief Information Officer, HUD. ACTION: Notice. AGENCY: HUD is seeking approval from the Office of Management and Budget (OMB) for the information collection described below. In accordance with the Paperwork Reduction Act, HUD is requesting comment from all interested parties on the proposed collection of information. The purpose of this notice is to allow for 30 days of public comment. DATES: Comments Due Date: November 1, 2017. ADDRESSES: Interested persons are invited to submit comments regarding this proposal. Comments should refer to the proposal by name and/or OMB Control Number and should be sent to: HUD Desk Officer, Office of Management and Budget, New Executive Office Building, Washington, DC 20503; fax: 202–395–5806, Email: OIRA_Submission@omb.eop.gov. FOR FURTHER INFORMATION CONTACT: Anna P. Guido, Reports Management Officer, QMAC, Department of Housing and Urban Development, 451 7th Street SW., Washington, DC 20410; email Anna P. Guido at Anna.P.Guido@ SUMMARY: Information collection Number of respondents hud.gov or telephone 202–402–5535. This is not a toll-free number. Person with hearing or speech impairments may access this number through TTY by calling the toll-free Federal Relay Service at (800) 877–8339. Copies of available documents submitted to OMB may be obtained from Ms. Guido. SUPPLEMENTARY INFORMATION: This notice informs the public that HUD is seeking approval from OMB for the information collection described in Section A. The Federal Register notice that solicited public comment on the information collection for a period of 60 days was published on June 16, 2017 at 82 FR 27718. A. Overview of Information Collection Title of Information Collection: HUD Environmental Review Online System (HEROS). OMB Approval Number: 2506–0202. Type of Request: Reinstatement with change of a previously approved collection. Form Number: None. Description of the need for the information and proposed use: 24 CFR part 58, ‘‘Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities’’ requires units of general local government receiving HUD assistance to maintain a written environmental review record for all projects receiving HUD funding documenting compliance with the National Environmental Policy Act (NEPA), the regulations of the Council on Environmental Quality, related federal environmental laws, executive orders, and authorities, and Part 58 procedure. Various laws that authorize this procedure are listed in 24 CFR 58.1(b). 24 CFR part 50, ‘‘Protection Frequency of response Burden hour per response Responses per annum and Enhancement of Environmental Quality,’’ implements procedures for HUD to perform environmental reviews for projects where Part 58 is not permitted by law. Under Part 50, HUD staff complete the environmental review records, but they may use any information supplied by an applicant or contractor, provided HUD independently evaluates the information and is responsible for its accuracy and prepares the environmental finding. HEROS allows users to complete, store, and submit their environmental review records and documents online. HEROS is currently optional for Responsible Entity and other non-HUD users, who may continue to use paper-based environmental review formats; however, HUD staff in many offices are required to use HEROS to complete their environmental reviews. Respondents (i.e. affected public): The respondents are state and local governments receiving HUD funding who are required to complete environmental reviews. Respondents (i.e. affected public): 3,932. Estimated Number of Respondents: 1. Frequency of Response: 3,932. Average Hours per Response: Varies depending on level of review (see table below). Reviews that are exempt or Categorically Excluded Not Subject To the related laws and authorities (CENST) take roughly 45 minutes to complete. Reviews that are Categorically Excluded Subject To the related laws (CEST) or require an Environmental Assessment (EA) take an average of 4 hours to complete. Total Estimated Burdens: 7,752 hours or $258,391. Annual burden hours Hourly cost per response Annual cost Exempt/CENST reviews CEST/EA reviews ........ 2,454 1,478 1 1 2,454 1,478 .75 4.00 1,840.50 5,912.00 $33.33 33.33 $6,1344 197,047 Total ...................... 3,932 1 3,932 ........................ 7,752.50 33.33 258,391 sradovich on DSK3GMQ082PROD with NOTICES B. Solicitation of Public Comment This notice is soliciting comments from members of the public and affected parties concerning the collection of information described in Section A on the following: (1) Whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; VerDate Sep<11>2014 19:01 Sep 29, 2017 Jkt 244001 (2) The accuracy of the agency’s estimate of the burden of the proposed collection of information; (3) Ways to enhance the quality, utility, and clarity of the information to be collected; and (4) Ways to minimize the burden of the collection of information on those who are to respond; including through the use of appropriate automated collection techniques or other forms of PO 00000 Frm 00087 Fmt 4703 Sfmt 4703 information technology, e.g., permitting electronic submission of responses. HUD encourages interested parties to submit comment in response to these questions. Authority: Section 3507 of the Paperwork Reduction Act of 1995, 44 U.S.C. Chapter 35. E:\FR\FM\02OCN1.SGM 02OCN1

Agencies

[Federal Register Volume 82, Number 189 (Monday, October 2, 2017)]
[Notices]
[Pages 45877-45881]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21075]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6035-N-02]


Notice of Regulatory Waiver Requests Granted for the Second 
Quarter of Calendar Year 2017

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 April 1, 2017, and ending on June 30, 2017.

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 202-708-1793 (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 second quarter of calendar year 2017.

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

[[Page 45878]]

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 April 
1, 2017 through June 30, 2017. 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 second quarter of 
calendar year 2017) before the next report is published (the third 
quarter of calendar year 2017), HUD will include any additional waivers 
granted for the second 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: September 26, 2017.
Beth Zorc,
Principal Deputy General Counsel.

Appendix

Listing of Waivers of Regulatory Requirements Granted by Offices of the 
Department of Housing and Urban Development April 1, 2017 Through June 
30, 2017

    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
V. 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 91.105(b)(4) and 24 CFR 
91.115(b)(4).
    Project/Activity: On December 15, 2016, HUD issued CPD Notice 
#CPD-16-18 providing procedures for the submission and review of 
consolidated plans and action plans for FY 2017 funding prior to the 
enactment of a FY 2017 HUD appropriation bill. These procedures 
apply to any grantee whose consolidated plan/action plan submission 
deadline (45 days before the start of the program year) falls either 
before, or up to 60 days after, HUD's announcement of the FY 2017 
formula program funding allocations for CDBG, ESG, HOME and HOPWA 
formula funding. The Notice advised these grantees not to submit 
their consolidated plans and action plans until the FY 2017 formula 
allocations were announced.
    Nature of Requirement: The provisions at 24 CFR 91.105(b)(4) and 
91.115(b)(4) require that grantees provide a period of not less than 
30 days during which affected citizens may review and comment on the 
FY 2017 consolidated plan or action plan prior to its 
implementation.
    Granted By: Clifford Taffet, General Deputy Assistant Secretary, 
Community Planning and Development.
    Date Granted: May 10, 2017, with corrected waiver on May 18, 
2017, for immediate effect.
    Reason Waived: Under 24 CFR 91.15(a)(2), HUD cannot accept a 
consolidated plan or annual action plan submission later than August 
16, 2017. If HUD does not receive a consolidated plan or action plan 
by August 16, 2017, a grantee automatically loses its FY 2017 CDBG 
funding. Implementation of the procedures provided in HUD Notice 
CPD-16-18 and the timing of the enactment of the FY 2017 
appropriations act leaves insufficient time for grantees to complete 
the pre-submission or pre-amendment citizen participation 
publication and comment process before the August 16, 2017 deadline. 
Given the delay in appropriations and the need for HUD to award 
funds so that grantees may begin to address their housing and 
community development needs, HUD waived the requirements in 24 CFR 
91.105(b)(4) and 91.115(b)(4) to allow grantees to reduce the public 
comment period to a minimum of 14 calendar days. This waiver ensures 
grantees do not lose their FY 2017 funding, while also affording 
citizens a meaningful public comment period. Any affected grantee 
taking advantage of this waiver must document in writing the 
conditions for the need to utilize this waiver and must maintain 
this documentation for HUD's review. This waiver authority is only 
in effect until August 16, 2017.
    Contact: Steve Johnson, Director, Entitlement Communities 
Division, Office of Block Grant Assistance, Office of Community 
Planning and Development, 451 7th Street SW., Room 7282, Washington, 
DC 20410, telephone (202) 708-1577.

II. Regulatory Waivers Granted by the 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) 
agencies nationwide.
    Nature of Requirement: Special Enforcement Effort (SEE) funds 
are funds that HUD will provide to an agency to enhance enforcement 
activities of the agency's fair housing law. SEE funds will be a 
maximum of 20% of the agency's total FHAP cooperative agreement for 
the previous contract year, based on approval of eligible activity 
or activities, and based on the appropriation of funds.
    Granted By: Bryan Greene, General Deputy Assistant Secretary for 
Fair Housing and Equal Opportunity.
    Date Granted: June 5, 2017.
    Reason Waived: Temporary waiver of the 20 percent limitation on 
SEE Funds for eligible FHAP agencies whose total cooperative 
agreement for fiscal year 2016 was less than $300,000.
    Contact: Joseph Pelletier, Director, Fair Housing Assistance 
Program, Office of Fair Housing and Equal Opportunity, Department of 
Housing of Urban Development, 451 Seventh 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 the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 200.73 (c).
    Project/Activity: West Town Housing Preservation, Chicago, 
Illinois, Project No. 071-35892.
    Nature of Requirement: HUD's regulation at 24 CFR 200.73(c) 
requiring that ``not less

[[Page 45879]]

than five rental dwelling units [of an FHA insured multifamily 
housing project] shall be on one site. The property is a large, 
scattered-site portfolio of 68 apartment properties on 68 separate 
parcels. Forty-eight parcels have at least five units per site, so a 
majority of the parcels already meet the regulatory requirements. 
FHA will insure a loan through Section 221(d)(4) program to assist 
in the purchase and substantial rehabilitation of these properties. 
The unit counts for the buildings range from two to twelve, for a 
total of 318 units known as West Town Housing Preservation.
    Granted by: Dana Wade, Principal Deputy Assistant Secretary for 
Housing, H.
    Date Granted: April 12, 2017.
    Reason Waived: The property is ``affordable'', and it is in line 
with HUD's mission to continue to ensure availability for residents 
in need of subsidized housing. Additionally, the project is zip 
codes 60622 and 60647, which have seen some of the highest rates of 
property appreciation over the past several decades in Chicago. The 
perseveration of these units as affordable housing is urgently 
needed due to the rapid gentrification that has taken place in the 
area in recent years. HUD is already subsidizing the property by the 
Section 8 contracts.
    Contact: Daniel J. Sullivan, Acting Director, Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW., Room 6134, Washington, DC 
20410, telephone (202) 402-6130.
     Regulation: 24 CFR 200.73(c).
    Project/Activity: Fields Corner Granite, FHA Project Number 023-
1145, Dorchester, Massachusetts. Rockport Mortgage Company has 
applied for mortgage insurance under the Section 223(f) program to 
refinance Fields Corner Granite as a single project.
    Nature of Requirement: HUD's regulation at 24 CFR 200.73(c) 
which, states that a site must contain no less than 5 rental 
dwelling units. Section 3.2.O.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: Dana Wade, Principal Deputy Assistant Secretary for 
Housing, H.
    Date Granted: May 17, 2017.
    Reason Waived: The waiver was granted to allow Fields Corner 
Granite as a single project since its meet HUD's goal of preserving 
and maintaining affordable rental housing for low income families. 
The property consists of 67 units, configured as 1 studio unit, 24 
one bedroom units, 24 two bedroom units, 7 three bedroom units, and 
11 four bedroom units in the Fields Corner neighborhood of the 
Dorchester section of Boston. There is a total of 15 buildings 
situated on 5 sites, and referenced by the assessor as 10 separate 
parcels. Several of the buildings are located on adjoining sites 
with some of the structures being attached and sharing common 
utilities. Three of the sites are in the immediate vicinity of each 
other. Two sites are located within 11 blocks of each other. The 
sites have all been managed as a single entity.
    Contact: Daniel J. Sullivan, Acting Director, Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW., Room 6134, Washington, DC 
20410, telephone (202) 402-6130.
     Regulation: 24 CFR 200.73 (c).
    Project/Activity: Camden Townhomes, FHA Project Number 035-
35105, Camden, New Jersey. The owner and the proposed lender, Love 
Funding Company have applied for mortgage insurance under Section 
221(d)(4) for the substantial rehabilitation of the Camden 
Townhouses, supplemented with 4% Low Income Housing Tax Credits and 
the loan proceeds from the Section 221(d)(4) loan of $12,637,200.
    Nature of Requirement: HUD's regulation at 24 CFR 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. Camden 
Townhouses is an existing 89-unit affordable housing property 
located in Camden, New Jersey. All 89 units were constructed during 
the late 19th and early 20th centuries. Thirty two of the eighty-
nine units are located on sites that are comprised of five or more 
units. All units are located within 10 blocks of each other.
    Granted By: Dana Wade, Principal Deputy Assistant Secretary for 
Housing, H.
    Date Granted: June 8, 2017.
    Reason Waived: The waiver was granted to allow the Camden 
Townhouses to proceed with an approved new 20-year Section 8 PBV HAP 
contract. The property will be renovated using New Jersey Housing 
and Mortgage Finance Agency (NJMFA) 4% LIHTC. The scattered sites 
were assembled and recognized as a single manageable and marketable 
development by the New Jersey Department of Community Affairs 
(NJDCA). The project has been professionally managed as one project 
since its inception and has one operating budget. The property is 
``affordable'' and it meets HUD's mission to continue to ensure 
availability for residents in need of subsidized housing. HUD is 
already subsidizing the property through the Section 8 contracts. 
The project is in Camden, New Jersey, where the occupancy has 
remained strong and there is a high demand for affordable rental 
housing.
    Contact: Daniel J. Sullivan, Acting Director, Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW., Room 6134, Washington, DC 
20410, telephone (202) 402-6130.
     Regulation: 24 CFR 266.410(e).
    Project/Activity: Minnesota Housing Finance Agency's (Minnesota 
Housing), Risk Sharing Program, St. Paul, Minnesota.
    Nature of Requirement: The 24 CFR 266.410(e) Amortization. 
Requires mortgages insured under the 542(c) Housing Finance Agency 
Risk Sharing Program to be fully amortized over the term of the 
mortgage. The waiver would permit Minnesota Housing to provide loans 
that would have a minimum term of 17 years (``balloon loans''). 
Minnesota Housing would be able to provide additional financing 
options to their customers and better align the agency's business 
practices with industry standards. The waiver would expire on 
December 18, 2018.
    Granted By: Dana Wade, Principal Deputy Assistant Secretary for 
Housing, H.
    Date Granted: June 19, 2017.
    Reason Waived: This will reduce Minnesota Housing Finance 
Agency's cost of capital, which should translate into lower rates 
for their borrowers, and will support their preservation efforts. 
Application of this waiver is limited in both time and scope. The 
Department's exposure is further limited with the condition that 
Minnesota Housing takes 50 percent or more of the risk on these 
transactions. Minnesota Housing anticipates that new construction or 
substantial rehabilitation projects that are awarded Low Income 
Housing Tax Credits (LIHTC) would use the balloon loan product, as 
well as clients who have been utilizing other financing option, such 
as Fannie Mae or Freddie Mac, rather than Risk Share.
    Minnesota Housing Finance Agency's waiver approval is subject to 
the following conditions:
    1. Minnesota Housing must elect to take 50 percent or more of 
the risk of loss on all transactions;
    2. The waiver expires on December 31, 2018, or when HUD's 
proposed rule revision becomes final, whichever event occurs first;
    3. All other requirements of 24 CFR 266.410 remain applicable. 
The waiver is applicable only for new construction or substantial 
rehabilitation projects;
    4. In accordance with 24 CFR 266.200(d), the mortgage may not 
exceed an amount supportable by the lower of Section 8, or 
comparable unassisted market rents;
    5. If applicable, projects must comply with Davis-Bacon labor 
standards in accordance with 24 CFR 266.225.
    6. Minnesota Housing must comply with regulations stated in 24 
CFR 266.210 for insured advance or insurance upon completion 
transactions.
    7. An Affordable Housing Deed restriction for 20 years must be 
recorded.
    Contact: Daniel J. Sullivan, Acting Director, Office of 
Multifamily Production, Office of Housing, Department of Housing and 
Urban Development, 451 Seventh Street SW., Room 6134, Washington, DC 
20410, telephone (202) 402-6130.
     Regulation: 24 CFR 290.30.
    Project/Activity: La Casse/South Canal Apartments, FHA Project 
Number 023-105NI, Holyoke, MA. The Office of Multifamily Housing 
received a proposal from MassHousing, a state housing finance 
agency, to purchase a HUD-held Flexible Subsidy Operating Assistance 
Program note for $587,969 on a non-competitive basis. The balance on 
the Flexible Subsidy note was $6.7 million which alone was more than 
twice the as-is appraised value of the property. There was no equity 
in which to size a mortgage or utilize Low Income Housing Tax 
Credits, and therefore no ability to refinance all the existing debt 
on the property and defer the Flexible Subsidy Note with terms 
wherein it would be repayable.
    Nature of Requirement: Section 290.30 requires that HUD shall 
sell HUD-held multifamily mortgages on a competitive basis.
    Granted by: Genger Charles, General Deputy Assistant Secretary 
for Housing.

[[Page 45880]]

    Date Granted: May 17, 2017.
    Reason Waived: The proposed purchase price was deemed to be the 
highest recovery amount possible on the note. Due to the lack of 
operating funds to repay on the note and its 4th lien position, 
there was a high risk that there would be no bidders on a 
competitive basis. MassHousing approved a refinancing of the 
property in which their purchase of the note would significantly 
reduce the debt burden and allow the property to cash flow and be 
rehabilitated. The waiver of the proposed portion of the 24 CFR 
290.30 does not violate any statutory requirements. Granting of this 
waiver ensured that the Department obtained the maximum recovery as 
possible on the claim, while selling to an entity fully invested in 
the preservation of affordable housing.
    Contact: Thomas R. Davis, Director, Office of Recapitalization, 
Office of Multifamily Housing, Office of Housing, Department of 
Housing and Urban Development, 451 Seventh Street SW., Room 6230, 
Washington, DC 20410, telephone (202) 402-7549.
     Regulation: 24 CFR 290.30(a).
    Project/Activity: Andrews Plaza, FHA Project Number 012-57128 V, 
Bronx, New York. Andrews Plaza Housing Associates, L.P. (Owner) 
seeks approval to waive the non-competitive sale of a HUD-held 
multifamily mortgage.
    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: Genger Charles, General Deputy Assistant Secretary 
for Housing, H.
    Date Granted: May 4, 2017.
    Reason Waived: The owner requested and was granted a waiver of 
the non-competitive sale of a HUD-held multifamily mortgage. A 
waiver allows the Department to assign the mortgage to the owner's 
new mortgagee to avoid paying mortgage recording tax in the State of 
New York.
    Contact: Cindy Bridges, Senior Account Executive, Office of 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW., Room 6168, Washington, DC 20410, telephone (202) 402-
2603.
     Regulation: 24 CFR 290.30(a).
    Project/Activity: Prospect Arms, FHA Project Number 012-57053 V 
and W, Brooklyn, New York. Prospect Arms, 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: Genger Charles, General Deputy Assistant Secretary 
for Housing, H.
    Date Granted: June 8, 2017.
    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: Cindy Bridges, Senior Account Executive, Office of 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW., Room 6168, Washington, DC 20410, telephone (202) 402-
2603.
     Regulation: 24 CFR 290.30(a).
    Project/Activity: Miramar Court Apartments, FHA Project Number 
012-57123 V, Bronx, New York. LRF Housing Associates, L.P. (Owner) 
seeks approval to waive the non-competitive sale of a HUD-held 
multifamily mortgage.
    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: Genger Charles, General Deputy Assistant Secretary 
for Housing, H.
    Date Granted: June 23, 2017.
    Reason Waived: The owner requested and was granted a waiver of 
the non-competitive sale of a HUD-held multifamily mortgage. A 
waiver allows the Department to assign the mortgage to the owner's 
new mortgagee to avoid paying mortgage recording tax in the State of 
New York.
    Contact: Cindy Bridges, Senior Account Executive, Office of 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW., Room 6168, Washington, DC 20410, telephone (202) 402-
2603.
     Regulation: 24 CFR 290.30(a).
    Project/Activity: Villa Alejandrina Apartments, FHA Project 
Number 012-57308 V and W, Bronx, New York. Brook Avenue Development 
Company, 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]except as 
otherwise provided in Section 290.31(a)(2), HUD will sell HUD-held 
multifamily mortgages on a competitive basis.''
    Granted by: Genger Charles, General Deputy Assistant Secretary 
for Housing, H.
    Date Granted: June 23, 2017.
    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: Cindy Bridges, Senior Account Executive, Office of 
Housing, Department of Housing and Urban Development, 451 Seventh 
Street SW., Room 6168, Washington, DC 20410, telephone (202) 402-
2603.

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 and 24 CFR 902.33(b).
    Project/Activity: Kennewick Housing Authority (WA012).
    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 2 CFR 
part 200 subpart F.
    Granted By: Jemine A. Bryon, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: May 19, 2017.
    Reason Waived: The Kennewick Housing Authority requested relief 
of financial condition scoring and its financial reporting 
requirements for the fiscal year end (FYE) of September 30, 2016. 
The HA's records and building contents were all destroyed during the 
storm disaster of October 2016. Therefore, the HA was approved until 
June 12, 2017, to submit its unaudited financial statements, as well 
as to submit its audited financial statements to HUD. The audited 
financial approval only permits the extension for filing. This FASS 
audited financial submission 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 990.250(b)(1).
    Project/Activity: Alexander County HA (ACHA) in Cairo, IL (Code: 
IL007).
    Nature of Requirement: The regulation states that a Public 
Housing Agency (PHA) is required to acquire an independent cost 
assessment of its projects when requesting an operating subsidy 
appeal. The ACHA requested a waiver to the requirement to receive an 
independent cost estimate to appeal their project expense level 
(PEL) funding.
    Granted By: Jemine A. Bryon, General Deputy Assistant Secretary 
for Public and Indian Housing.
    Date Granted: May 31, 2017.
    Reason Waived: ACHA, currently under HUD posession, faces 
economic hardship that severely impact its financial stability, and 
limit the PHA's ability to complete an independent cost estimate 
prior to the submission of a PEL appeal. An April 2017 report 
completed by HUD's Quality Assurance Subsystem (QASS) determined 
that the model-generated PEL was not accurate for comparable 
properties in the market area resulting in reduced funding by more 
than ten percent. Coupled with ACHA's dire financial position and 
accompanying exigent circumstances, HUD found that the QASS report 
meet the intent of the requirement of 24 CFR 990.250(b)(1). Thereby, 
the Department determined that ACHA demonstrated good cause pursuant 
to 24 CFR part 5.110 to grant the waiver.
    Contact: Monica Shepherd, Public Housing Management and 
Occupancy Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW., Room

[[Page 45881]]

4208, Washington, DC 20410, telephone (202) 402-5687.

[FR Doc. 2017-21075 Filed 9-29-17; 8:45 am]
 BILLING CODE 4210-67-P