Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2018, 1777-1782 [2019-01077]
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Federal Register / Vol. 84, No. 24 / Tuesday, February 5, 2019 / Notices
prevent piracy of software constitutes a
substantial transformation); and, HQ 734518,
dated June 28, 1993 (motherboards are not
substantially transformed by the implanting
of the central processing unit on the board
because, whereas in Data General use was
being assigned to the PROM, the use of the
motherboard had already been determined
when the importer imported it).
CBP has examined the effect of
downloading U.S.-developed software in
previous decisions. For example, in HQ
H258960, dated May 19, 2016, CBP
considered the country of origin of network
transceivers in two different scenarios. In
Scenario One, the importer purchased
‘‘blank’’ transceivers from Asia. The
transceivers were then loaded with U.S.developed software in the United States,
which made the transceivers functional. In
Scenario Two, the importer purchased the
transceivers with a generic program
preinstalled, which was then removed so that
the U.S.-developed software could be
installed. CBP held that, in Scenario One,
because the transceivers could not function
as network devices without the U.S.developed software, the transceivers were
substantially transformed as a result of the
downloading of the U.S.-developed software
performed in the United States. However, in
Scenario Two, because the transceivers were
already functional when imported, the
identity of the transceivers was not changed
by the downloading performed in the United
States, and no substantial transformation
occurred.
Similarly, in HQ H175415 dated October 4,
2011, CBP held that imported Ethernet
switches underwent a substantial
transformation after U.S.-origin software was
downloaded onto the devices’ flash memory
in the United States, which allowed the
devices to function. In China, the printed
circuit board assemblies, chassis, top cover,
power supply, and fan were assembled.
Then, in the United States, U.S.-origin
software, which gave the hardware the
capability of functioning as local area
network devices, was loaded onto the
hardware. CBP noted that the U.S.-origin
software ‘‘enables the imported switches to
interact with other network switches’’ and
that ‘‘[w]ithout this software, the imported
devices could not function as Ethernet
switches.’’ Under these circumstances, CBP
held that the country of origin of the local
area network devices was the United States.
See also HQ H052325, dated March 31, 2009
(holding that imported network devices
underwent a substantial transformation in
the United States after U.S.-origin software
was downloaded onto the devices in the
United States, which gave the devices their
functionality); and HQ H034843, dated May
5, 2009 (holding that Chinese USB flash
drives underwent a substantial
transformation in Israel when Israeli-origin
software was loaded onto the devices, which
made the devices functional).
In this case, the hardware is imported from
China in a fully assembled state. However, at
the time of importation the devices are not
functional because they lack the software
needed to run. Here, unlike Scenario Two in
HQ H258960, the programming that occurs in
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China is to perform diagnostic testing to
assure the circuit paths on the printed circuit
board are made and function properly.
Furthermore, contrary to Scenario Two in HQ
H258960, the identity of the switches
changes after the U.S.-origin software is
downloaded onto the switches. Moreover, as
in HQ H175415, HQ H052325, and HQ
H258960, it is only after the installation of
U.S.-origin software that the devices obtain
their essence and functionality as switches
and routers. Without the U.S. proprietary
software, the devices cannot function as a
network device in any capacity. Here, the
AOS is developed and downloaded in the
United States. The development,
configuration, and downloading of the AOS
helps transform the essence of the products
at issue from merchant silicon into fully
functional network devices that are capable
of performing the intended switching and
routing functions. The devices at issue here
derive their core functionality as switches
and routers from the installation of the U.S.developed software. The U.S.-developed
software enables the system to interact with
other network switches or routers through
network switching and routing protocols, and
allows for the management of functions such
as network performance monitoring and
security and access control.
Under these circumstances, and consistent
with previous CBP rulings, we find that the
country of origin of the final product is the
United States, where the non-functional
devices are substantially transformed as a
result of downloading performed in the
United States, with software developed in the
United States. Furthermore, in the present
case, the essence of the articles depends on
the information technology found in the
software, which allows the devices to
communicate with other network switches or
routers for their ultimate purpose. For
country of origin determinations, it should be
noted that the final determination differs
based on each article’s specific purpose,
makeup, and applicable technology.
HOLDING:
The country of origin of the Ethernet
switches, routers and network cards for
purposes of U.S. Government procurement is
the United States.
Notice of this final determination will be
given in the Federal Register, as required by
19 C.F.R. § 177.29. Any party-at-interest other
than the party which requested this final
determination may request, pursuant to 19
C.F.R. § 177.31, that CBP reexamine the
matter anew and issue a new final
determination.
Pursuant to 19 C.F.R. § 177.30, any partyat-interest may, within 30 days of publication
of the Federal Register Notice referenced
above, seek judicial review of this final
determination before the Court of
International Trade.
Sincerely,
Alice A. Kipel,
Executive Director, Regulations and Rulings,
Office of Trade.
[FR Doc. 2019–01115 Filed 2–4–19; 8:45 am]
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1777
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–6101–N–03]
Notice of Regulatory Waiver Requests
Granted for the Third Quarter of
Calendar Year 2018
AGENCY:
Office of the General Counsel,
HUD.
ACTION:
Notice.
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,
2018 and ending on September 30,
2018.
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 Seventh 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 2018.
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
SUMMARY:
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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,
2018 through September 30, 2018. 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
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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 2018)
before the next report is published (the
fourth quarter of calendar year 2018),
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: January 30, 2019.
J. Paul Compton, Jr.,
General Counsel.
Appendix
Listing of Waivers of Regulatory
Requirements Granted by Offices of the
Department of Housing and Urban
Development July 1, 2018 Through
September 30, 2018
Note to Reader: More information about
the granting of these waivers, including a
copy of the waiver request and approval, may
be obtained by contacting the person whose
name is listed as the contact person directly
after each set of regulatory waivers granted.
The regulatory waivers granted appear in the
following order:
I. Regulatory Waivers Granted by the Office
of Community Planning and
Development
II. Regulatory Waivers Granted by the Office
of Housing
III. Regulatory Waivers Granted by the Office
of Public and Indian Housing
I. Regulatory Waivers Granted by the Office
of Community Planning and Development
For further information about the following
regulatory waivers, please see the name of
the contact person that immediately follows
the description of the waiver granted.
• Regulation: 24 CFR 576.106(d)(1).
Project/Activity: HUD granted a waiver of
24 CFR 576.106(d)(1) to the Washington State
Department of Commerce to allow its
subrecipient, the Whatcom County Health
Department (WCHD), to use Fiscal Year (FY)
2016 and 2017 Emergency Solutions Grants
(ESG) Program Rapid Re-housing (RRH) and
Homelessness Prevention (HP) funds in
Whatcom County for housing units with
rents up to 118 percent of the HUDestablished Fair Market Rent (FMR). The
waiver of 24 CFR 576.106(d)(1) is provided
for individuals and families who begin
receiving ESG rental assistance during the 1year period beginning on the date of the
waiver memorandum (August 7, 2018).
WCHD must still comply with the rent
reasonableness requirements in 24 CFR
576.106(d)(1).
Nature of Requirement: Under 24 CFR
576.106(d)(1), rental assistance cannot be
provided unless the total rent is equal to or
less than the FMR established by HUD, as
provided under 24 CFR part 888, and
complies with HUD’s standard of rent
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reasonableness, as established under 24 CFR
982.507.
Granted By: Neal Rackleff, Assistant
Secretary for Community Planning and
Development.
Date Granted: August 7, 2018.
Reason Waived: HUD granted the waiver
because the recipient sufficiently
documented its subrecipient’s inability to
provide adequate ESG program rental
assistance under the current rental market
conditions in Whatcom County. Specifically,
HUD determined that the 1.8 percent rental
vacancy rate in Whatcom County, higherthan-average poverty rate, high demand for
low cost rental units, and lack of available
units at or below FMR have resulted in
prolonged, costly and often futile housing
search efforts, participating households
remaining homeless for increased periods of
time, and inability of the subrecipient to
expend all of its ESG funds.
Contact: Norm Suchar, Director, Office of
Special Needs Assistance Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7262, Washington, DC 20410, telephone (202)
708–4300.
• Regulation: 24 CFR 576.106(d)(1).
Project/Activity: HUD granted a waiver of
24 CFR 576.106(d)(1) to the State of
California Department of Housing and
Community Development (DHCD) to allow
its subrecipient, Families in Transition (FIT)
of Santa Cruz County, to use Fiscal Year (FY)
2016 Emergency Solutions Grants (ESG)
Program Rapid Re-housing (RRH) funds in
Santa Cruz County for housing units with
rents up to the payment standard adopted by
the Santa Cruz housing authority. The waiver
of 24 CFR 576.106(d)(1) is provided for
individuals and families who begin receiving
ESG RRH rental assistance during the 1-year
period beginning on the date of the waiver
memorandum (August 7, 2018). DHCD and
its subrecipients must still comply with the
rent reasonableness requirements in 24 CFR
576.106(d)(1).
Nature of Requirement: Under 24 CFR
576.106(d)(1), rental assistance cannot be
provided unless the total rent is equal to or
less than the FMR established by HUD, as
provided under 24 CFR part 888, and
complies with HUD’s standard of rent
reasonableness, as established under 24 CFR
982.507.
Granted By: Neal Rackleff, Assistant
Secretary for Community Planning and
Development.
Date Granted: August 7, 2018.
Reason Waived: HUD granted the waiver
because the recipient sufficiently
documented its subrecipient’s inability to
provide adequate ESG rental assistance under
the current rental market conditions in Santa
Cruz County. Specifically, HUD determined
that the 2.4 percent rental vacancy rate in
Santa Cruz County, extremely high demand
for rental units at or below FMR, lack of
available units at or below FMR, and
stringent tenant screening criteria by many
landlords (such as requiring monthly
incomes at least 3 times FMR) have resulted
in participating households remaining
homeless for average periods of 9 to 12
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months before being housed, and participants
securing only units with rents above FMR
(for which ESG rental assistance could not be
used).
Contact: Norm Suchar, Director, Office of
Special Needs Assistance Programs, Office of
Community Planning and Development,
Department of Housing and Urban
Development, 451 Seventh Street SW, Room
7262, Washington, DC 20410, telephone (202)
708–4300.
II. Regulatory Waivers Granted by the Office
of Housing—Federal Housing
Administration (FHA)
For further information about the following
regulatory waivers, please see the name of
the contact person that immediately follows
the description of the waiver granted.
• Regulation: 24 CFR 200.73 (c).
Project/Activity: Heritage Crossing II,
Baltimore, Maryland, Project No. 052–35810
Nature of Requirement: HUD’s regulation
at 24 CFR 200.73 (c) requiring that ‘‘not less
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 75 apartment properties on
72 separate parcels of which some are
contiguous, but most are not: 4 of the 72
parcels contain 5 or more single units that are
contiguously situated (totaling 24 units) and
therefore comply with HUD ‘‘Scattered Sites’’
requirements; however, the remaining 68
parcels contain less than 5 units each
(totaling 51 units), and are therefore noncontiguous separate sites.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 28, 2018.
Reason Waived: The waiver will meet
HUD’s goal of preserving and maintaining
affordable rental housing for low income
families. The proposed FHA-insured loan/
RAD conversion will preserve and
rehabilitate necessary affordable housing and
will contribute to the revitalization of this
Baltimore community.
Contact: Patricia M. Burke, Acting Director,
Office of Multifamily Production, HTD,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW, Room 6130, Washington, DC 20410,
telephone (202)402–5693.
Regulation: 24 CFR 266.200(b)(2).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Program regulations for
thirteen (13) additional projects for a total of
53 projects, Risk Sharing Initiative through
Calendar Year 2019, Substantial
Rehabilitation, Massachusetts Housing
Finance Agency (Mass Housing), Boston,
Massachusetts, no project names listed.
Nature of Requirement: The Waiver of 24
CFR 266.200(b)(2), Substantial
Rehabilitation. The Department will permit
the revised definition of substantial
rehabilitation (S/R) as described in the
revised MAP Guide published on January 29,
2016, such that S/R is: Any scope of work
that either (a) Exceeds in aggregate cost a sum
equal to the ‘base per dwelling unit limit’
times the applicable High Cost Factor, or (b)
Replacement of two or more building
systems. ‘Replacement’ is when the cost of
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replacement work exceeds 50 percent of the
cost of replacing the entire system.
The High Cost Factors for 2018 were
recently published through a Housing Notice
(HN) on May 23, 2018 and the revised
statutory limits were published in the
Federal Register on November 7, 2017. The
2018 base dwelling unit amount to determine
substantial rehabilitation for FHA insured
loan programs has been increased from
$15,000 (changed from $6,500 per unit in the
2016 MAP guide) to $15,636. This amount
will change annually based upon the change
in the annual Consumer Price Index (CPI),
along with the statutory limits or other
inflation cost index published by HUD.
Granted By: Brian D. Montgomery,
Assistant Secretary for Housing- Federal
Housing Commissioner.
Date Granted: September 21, 2018.
Reason Waived: Granted waivers of certain
provisions of the Federal Financing Bank
(FFB) Risk-Sharing Program regulations for
thirteen (13) projects utilizing the Federal
Financing Bank (FFB) Risk-Sharing Initiative
through the end of Calendar Year 2019.
Under this initiative, FFB provides capital to
participating Housing Finance Agencies
(HFAs) to make multifamily loans insured
under the Multifamily Risk Sharing Program.
Contact: Patricia M. Burke, Acting Director,
Office of Multifamily Production, HTD,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW, Room 6130, Washington, DC 20410,
telephone (202) 402–5693.
Regulation: 24 CFR 266.200(b)(2).
Project/Activity: Federal Financing Bank
(FFB) Risk-Sharing Program regulations for
an additional five (5) projects for a total of
25 projects utilizing the Federal Financing
Bank (FFB) Risk-Sharing Initiative through
the end of Calendar Year 2019, Substantial
Rehabilitation, the Massachusetts Housing
Partnership (MHP), Boston, Massachusetts,
no project names listed.
Nature of Requirement: The Waiver of 24
CFR 266.200(b)(2), Substantial
Rehabilitation. The Department will permit
the revised definition of substantial
rehabilitation (S/R) as described in the
revised MAP Guide published on January 29,
2016, such that S/R is: Any scope of work
that either (a) Exceeds in aggregate cost a sum
equal to the ‘base per dwelling unit limit’
times the applicable High Cost Factor, or (b)
Replacement of two or more building
systems. ‘Replacement’ is when the cost of
replacement work exceeds 50 percent of the
cost of replacing the entire system.
The High Cost Factors for 2018 were
recently published through a Housing Notice
(HN) on May 23, 2018 and the revised
statutory limits were published in the
Federal Register on November 7, 2017. The
2018 base dwelling unit amount to determine
substantial rehabilitation for FHA insured
loan programs has been increased from
$15,000 (changed from $6,500 per unit in the
2016 MAP guide) to $15,636. This amount
will change annually based upon the change
in the annual Consumer Price Index (CPI),
along with the statutory limits or other
inflation cost index published by HUD.
Granted By: Brian D. Montgomery,
Assistant Secretary for Housing-Federal
Housing Commissioner.
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Date Granted: September 21, 2018.
Reason Granted: Under this initiative, FFB
provides capital to participating Housing
Finance Agencies (HFAs) to make
multifamily loans insured under the FHA
Multifamily Risk Sharing Program. Granted
waivers of certain provisions of the Federal
Financing Bank (FFB) Risk-Sharing Program
regulations for five (5) projects utilizing the
Federal Financing Bank (FFB) Risk-Sharing
Initiative through the end of Calendar Year
2019.
Contact: Patricia M. Burke, Acting Director,
Office of Multifamily Production, HTD,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW, Room 6130, Washington, DC 20410,
telephone (202) 402–5693.
• Regulation: 24 CFR 266.200(c)(2).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Equity Take
Outs. Massachusetts Housing Finance
Agency (Mass Housing), Boston,
Massachusetts
Nature of Requirements: The Waiver of 24
CFR 266.200(c)(2), Existing Projects ‘‘Equity
Take-outs’’. The Department will 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
Mass Housing-financed projects and those
outside Mass Housing’s portfolio if the result
is preservation with the following conditions:
1. Occupancy is no less than 93 percent 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 Section 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:
a. Owner agrees to renew HAP contract(s)
for 20-year term, (subject to appropriations
and statutory authorization, etc.), and
b. In accordance with regulations in 24
CFR 883.306(e), and Housing Notice 2012–
14—Use of ‘‘New Regulation’’ Section 8
Housing Assistance Payments (HAP)
Contracts Residual Receipts of Offset ProjectBased Section 8 Housing Assistance
Payments, if at any time Mass Housing
determines that a project’s excess funds
(surplus cash) after project operations,
reserve requirements and permitted
distributions are met, Mass Housing must
place the excess funds into a separate
interest-bearing account. Upon renewal of a
HAP Contract the excess funds can be used
to reduce future HAP payments or other
project operations/purposes. When the HAP
Contract expires, is terminated, or any
extensions are terminated, any unused funds
remaining in the Residual Receipt Account at
the time of the contract’s termination must be
returned to HUD.
Granted By: Brian D. Montgomery,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 21, 2018.
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Reason Waived: 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: Patricia M. Burke, Acting Director,
Office of Multifamily Production, HTD,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW, Room 6130, Washington, DC 20410,
telephone (202)402–5693.
• Regulation: 24 CFR 266.200(c)(2).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Equity Take
Outs. Massachusetts Housing Partnership
(MHP), Boston, Massachusetts.
Nature of Requirement: The Waiver of 24
CFR 266.200(c)(2), Existing Projects ‘‘Equity
Take-outs’’. The Department will 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
MHP-financed projects and those outside
MHP’s portfolio if the result is preservation
with the following conditions:
1. Occupancy is no less than 93 percent 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 Section 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:
a. Owner agrees to renew HAP contract(s)
for 20-year term, (subject to appropriations
and statutory authorization, etc.), and
b. In accordance with regulations in 24
CFR 883.306(e), and Housing Notice 2012–
14—Use of ‘‘New Regulation’’ Section 8
Housing Assistance Payments (HAP)
Contracts Residual Receipts of Offset ProjectBased Section 8 Housing Assistance
Payments, if at any time MHP determines
that a project’s excess funds (surplus cash)
after project operations, reserve requirements
and permitted distributions are met, MHP
must place the excess funds into a separate
interest-bearing account. Upon renewal of a
HAP Contract the excess funds can be used
to reduce future HAP payments or other
project operations/purposes. When the HAP
Contract expires, is terminated, or any
extensions are terminated, any unused funds
remaining in the Residual Receipt Account at
the time of the contract’s termination must be
returned to HUD.
Granted By: Brian D. Montgomery,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 21, 2018.
Reason Waived: 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: Patricia M. Burke, Acting Director,
Office of Multifamily Production, HTD,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
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SW, Room 6130, Washington, DC 20410,
telephone (202) 402–5693.
• Regulation: 24 CFR 266.200(d).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Underwriting
of Projects with Section 8 HAP Contracts.
Massachusetts Housing Finance Agency
(Mass Housing), Boston, Massachusetts
Nature of Requirement: The Waivers of 24
CFR 266.200(d), Projects receiving Section 8
rental subsidies or other rental subsidies. For
refinancing of Section 202 projects, and for
Public Housing Authority (PHA) projects
converting to Section 8 through the Rental
Assistance Demonstration (RAD) Initiative,
the Department will permit Mass Housing to
underwrite the financing using current or to
be adjusted project-based Section 8 assisted
rents, even though they exceed the market
rates. This is consistent with HUD Housing
Notice 04–21, ‘‘Amendments to Notice 02–
16: Underwriting Guidelines for Refinancing
of Section 202, and Section 202/8 Direct
Loan Repayments’’, which grants authority
only to those lenders refinancing with
mortgage programs under the National
Housing Act.
Granted By: Brian D. Montgomery,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 21, 2018.
Reason Waived: 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: Patricia M. Burke, Acting Director,
Office of Multifamily Production, HTD,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW, Room 6130, Washington, DC 20410,
telephone (202) 402–5693.
• Regulation: 24 CFR 266.200(d).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Underwriting
of Projects with Section 8 HAP Contracts.
Massachusetts Housing Partnership (MHP),
Boston, Massachusetts.
Nature of Requirement: The Waivers of 24
CFR 266.200(d), Projects receiving Section 8
rental subsidies or other rental subsidies. For
refinancing of Section 202 projects, and for
Public Housing Authority (PHA) projects
converting to Section 8 through the Rental
Assistance Demonstration (RAD) Initiative,
the Department will permit MHP to
underwrite the financing using current or to
be adjusted project-based Section 8 assisted
rents, even though they exceed the market
rates. This is consistent with HUD Housing
Notice 04–21, ‘‘Amendments to Notice 02–
16: Underwriting Guidelines for Refinancing
of Section 202, and Section 202/8 Direct
Loan Repayments’’, which grants authority
only to those lenders refinancing with
mortgage programs under the National
Housing Act.
Granted By: Brian D. Montgomery,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 21, 2018.
Reason Waived: Under this Initiative, FFB
provides capital to participating Housing
Finance Agencies (HFAs) to make
multifamily loans insured under the FHA
Multifamily Risk Sharing Program.
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Contact: Patricia M. Burke, Acting Director,
Office of Multifamily Production, HTD,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW, Room 6130, Washington, DC 20410,
telephone (202) 402–5693.
• Regulation: 24 CFR 266.410(e).
Project/Activity: District of Columbia
Housing Finance Agency (DCHFA),
Washington, DC no project name or number.
Nature of Requirement: The 24 CFR
266.410(e), which 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 DCHFA to use balloon loans
that would have a minimum term of 17 years
and a maximum amortization period of 40
years for the projects identified in the
‘‘Multifamily Pipeline Projects’’.
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: August 17, 2018.
Reason Waived: The waiver was granted to
allow DCHFA’s clients additional financing
options to their customers and to align
DCHFA business practices with industry
standards. This waiver is effective through
December 31, 2019. The regulatory waiver is
subject to the following conditions:
1. This waiver expires on December 31,
2019.
2. DCHFA must elect to take 50 percent or
more of the risk of loss on all transactions.
3. Loans made under this waiver may have
amortization periods of up to 40 years, but
terms as short as 17 years.
4. All other requirements of 24 CFR
266.410 remain applicable. The waiver is
applicable only to loans made under
DCHFA’s Risk Sharing Agreement.
5. In accordance with 24 CFR 266.200(d),
the mortgage may not exceed an amount
supportable by the lower of the Section 8 or
comparable unassisted rents.
6. Projects must comply with Davis-Bacon
labor standards in accordance with 24 CFR
266.225.
7. DCHFA must comply with regulations
stated in 24 CFR 266.210 for insured
advances or insurance upon completion
transactions.
8. An Affordable Housing Deed restriction
for at least 20 years must be recorded.
9. The loans exceeding $50 million require
a separate waiver request
Contact: Patricia M. Burke, Acting Director,
Office of Multifamily Production, HTD,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW, Room 6130, Washington, DC 20410,
telephone (202) 402–5693.
• Regulation: 24 CFR 266.620(e).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Termination of
Mortgage Insurance. Massachusetts Housing
Finance Agency (Mass Housing), Boston,
Massachusetts
Nature of Requirement: The waiver of 24
CFR 266.620(e) Termination of Mortgage
Insurance. As required by the Initiative, Mass
Housing agrees to indemnify HUD for all
amount paid to FFB if ‘‘the HFA or its
successors commit fraud or make a material
misrepresentation to the Commissioner with
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Federal Register / Vol. 84, No. 24 / Tuesday, February 5, 2019 / Notices
respect to information culminating in the
Contract of Insurance on the mortgage, or
while the Contract of Insurance is in
existence’’.
Granted By: Brian D. Montgomery,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 21, 2018.
Reason Waived: 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: Patricia M. Burke, Acting Director,
Office of Multifamily Production, HTD,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW, Room 6130, Washington, DC 20410,
telephone (202) 402–5693.
• Regulation: 24 CFR 266.620(e).
Project/Activity: Federal Financing Bank
(FFB) Risk Sharing Initiative, Termination of
Mortgage Insurance. Massachusetts Housing
Partnership (MHP).
Nature of Requirement: The Waiver of 24
CFR 266.620(e) Termination of Mortgage
Insurance. As required by the Initiative, MHP
agrees to indemnify HUD for all amount paid
to FFB if ‘‘the HFA or its successors commit
fraud or make a material misrepresentation to
the Commissioner with respect to
information culminating in the Contract of
Insurance on the mortgage, or while the
Contract of Insurance is in existence’’.
Granted By: Brian D. Montgomery,
Assistant Secretary for Housing-Federal
Housing Commissioner.
Date Granted: September 21, 2018.
Reason Waived: 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: Patricia M. Burke, Acting Director,
Office of Multifamily Production, HTD,
Office of Housing, Department of Housing
and Urban Development, 451 Seventh Street
SW, Room 6130, Washington, DC 20410,
telephone (202) 402–5693.
• Regulation: 24 CFR part 891.520.
Project/Activity: Broadway Arms, FHA
Contract Number IN36–T801–033,
Lewistown, Illinois. Lewistown Broadway,
LLC (Owner) seeks approval to rent to all
eligible families 18 and over on the subject
project.
Nature of Requirement: The regulation at
24 CFR 891.520 defines terms applicable to
Section 202 loans, and under this section
‘‘eligible family’’ means an elderly or
handicapped family that meets the project
occupancy requirements approved by HUD.
24 CFR 891.575(a)(1) states that ‘‘during the
term of the HAP contract, a Borrower shall
make available for occupancy by eligible
families the total number of units for which
assistance is committed under the HAP
contract.’’
Granted by: Brian D. Montgomery,
Assistant Secretary for Housing—Federal
Housing Commissioner.
Date Granted: September 24, 2018.
Reason Waived: The owner requested and
was granted waiver of the requirement to
lease units to other than elderly or handicap
eligible families 18 and over, and waiver of
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17:22 Feb 04, 2019
Jkt 247001
the regulatory provision 24 CFR part 891.520
‘‘definition of eligible family’’. The waiver
enabled the project to better service the
housing needs in Lewistown, IL.
Contact: Crystal Martinez, Account
Executive, Office of Housing, Department of
Housing and Urban Development, 451
Seventh Street SW, Room 6174, Washington,
DC 20410, telephone (202) 402–3718.
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: 1006.410(a)(2).
Project: Department of Hawaiian Home
Lands (DHHL) request a 60-day extension of
the regulatory deadline to submit the Annual
Performance Report (APR) on the use of the
Native Hawaiian Housing Block Grant.
Nature of Requirement: Pursuant to 24 CFR
1006.410(a)(2), each FY, DHHL must submit
a performance report to HUD within 60 days
of the end of DHHL’s FY. DHHL’s FY ended
on June 30, 2018. DHHL requests that the
APR submission deadline be extended from
August 30, 2018 to October 31, 2018.
Granted By: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: August 30, 2018.
Reason Waived: DHHL requested an
extension of the deadline because
unexpected staff shortages required DHHL to
procure an external self-monitor to conduct
the the required self-monitoring that was
needed to complete the APR. Pursuant to 24
CFR 1006.30, ONAP determined there was
good cause to waive the regulatory deadline
and provide DHHL an additional 60 days to
submit their APR.
Contact: Claudine Allen, Native Hawaiian
Program Specialist, HUD Honolulu Field
Office, Office of Public and Indian Housing,
1132 Bishop Street, Suite 1400, Honolulu, HI
96813, telephone (808) 457–4674.
• Regulation: 24 CFR 5.801(c) and 24 CFR
5.801(d)(1).
Project/Activity: Municipality of San
German (RQ030).
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: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: August 13, 2018.
Reason Waived: The HA requested relief
from compliance for additional to submit its
financial reporting requirements for the fiscal
year end (FYE) of June 30, 2017. The HA is
still recovering from damages resulting from
Hurricane Irma and is in Category C of the
applicable Major Disaster Declaration for
Hurricane Maria. The circumstances
preventing the HA from submitting its FYE
2017 audited financial data by the due date
was acceptable. Accordingly, the HA has
until September 30, 2018, to submit its
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Fmt 4703
Sfmt 4703
1781
audited financial information to the
Department. The approval of the Financial
Assessment Subsystem (FASS) audited
financial submission only permits the
extension for filing. The HA is required to
contact the HUDOIG Single Audit
Coordinator at
HUDOIGSingleAuditCoordinator@hudoig.gov
for Single Audit extensions applicable to the
Federal Audit Clearinghouse.
Contact: Dee Ann R. Walker, 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 5.801(c) and 24 CFR
5.801(d)(1).
Project/Activity: Municipality of Aguas
Buenas (RQ082).
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: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: August 30, 2018.
Reason Waived: The HA requested relief
from compliance for an additional 240-days
to submit its financial reporting requirements
for the fiscal year end (FYE) of June 30, 2017.
The HA is still recovering from damages
resulting from Hurricane Irma and is in
Category C of the applicable Major Disaster
Declaration for Hurricane Maria. The
circumstances preventing the HA from
submitting its FYE 2017 audited financial
data by the due date was acceptable.
Accordingly, the HA has until March 31,
2019, to submit its audited financial
information to the Department. The approval
of the Financial Assessment Subsystem
(FASS) audited financial submission only
permits the extension for filing. The HA is
required to contact the HUDOIG Single Audit
Coordinator at
HUDOIGSingleAuditCoordinator@hudoig.gov
for Single Audit extensions applicable to the
Federal Audit Clearinghouse.
Contact: Dee Ann R. Walker, 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 5.801(c) and 24 CFR
5.801(d)(1).
Project/Activity: Municipality of Yaco
(RQ083).
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: Dominique Blom, General
Deputy Assistant Secretary for Public and
Indian Housing.
E:\FR\FM\05FEN1.SGM
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Federal Register / Vol. 84, No. 24 / Tuesday, February 5, 2019 / Notices
Reason Waived: Based upon the
information provided, the Department
determined that good cause existed to allow
ARHA to implement a tenant selection
preference for persons with specific
disabilities under the public housing
program to assist the State of Virginia with
complying with the requirements set forth in
the State of Virginia’s Olmstead Settlement
Agreement.
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
4208, Washington, DC 20410, telephone (202)
402–5687 or at Monica.C.Shepherd@hud.gov.
• Regulation: 24 CFR 960.206(b)(3).
Project/Activity: Rockford Housing
Authority, Illinois.
Nature of Requirement: This requirement
provides that a PHA may not adopt a
preference for admission of persons with a
specific disability.
Granted By: General Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: September 21, 2018.
Reason Waived: Based upon the
information provided, the Department
determined that good cause existed to extend
the previously approved waiver to establish
a limited tenant selection preference for
persons with specific disabilities in its public
housing and HCV programs in order to assist
the State of Illinois with complying with the
requirements set forth in the State of Illinois’
Olmstead Coordinated Remedial Plan (the
Plan). The Plan is pursuant to an agreement
with the Department of Justice stemming
from the Olmstead v. L.C. litigation under
Date Granted: August 30, 2018.
Reason Waived: The HA requested relief
from compliance for an additional 91-days to
submit its financial reporting requirements
for the fiscal year end (FYE) of June 30, 2017.
The HA is still recovering from damages
resulting from Hurricane Irma and is in
Category C of the applicable Major Disaster
Declaration for Hurricane Maria. The
circumstances preventing the HA from
submitting its FYE 2017 audited financial
data by the due date was acceptable.
Accordingly, the HA has until October 31,
2018, to submit its audited financial
information to the Department. The approval
of the Financial Assessment Subsystem
(FASS) audited financial submission only
permits the extension for filing. The HA is
required to contact the HUDOIG Single Audit
Coordinator at
HUDOIGSingleAuditCoordinator@hudoig.gov
for Single Audit extensions applicable to the
Federal Audit Clearinghouse.
Contact: Dee Ann R. Walker, 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 960.206(b)(3).
Project/Activity: Alexandria
Redevelopment and Housing Authority
(ARHA), Virginia.
Nature of Requirement: This requirement
provides that a PHA may not adopt a
preference for admission of persons with a
specific disability.
Granted By: General Deputy Assistant
Secretary for Public and Indian Housing.
Date Granted: August 27, 2018.
Title II of the Americans with Disabilities Act
(ADA) and three Olmstead-related Consent
Decrees.
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
4208, Washington, DC 20410, telephone (202)
402–5687 or at Monica.C.Shepherd@hud.gov.
[FR Doc. 2019–01077 Filed 2–4–19; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
[FWS–HQ–ES–2018–N112;
FXES11130100000C4–189–FF02ENEH00]
Endangered and Threatened Wildlife
and Plants; 26 Draft Recovery Plan
Amendments for 42 Species Across
the United States
Correction
In notice document 2019–00436
appearing on pages 790–795 in the issue
of Thursday, January 31, 2019, make the
following correction:
Beginning on page 792, the table
‘‘Proposed Recovery Plan
Amendments,’’ is being republished to
correct the URL addresses in the sixth
column:
PROPOSED RECOVERY PLAN AMENDMENTS
Common name
Scientific name
Listing
status 1
Current
range
Recovery plan name
Uniform resource locator to
proposed recovery plan
amendment
Contact person, phone,
email
Contact person’s U.S.
mail address
Pacific Region (Idaho, Oregon, Washington, Hawaii, and the Pacific Islands)
Snails, Oahu tree ...........
Achatinella spp. ...............
E
HI
Recovery Plan for the
Oahu Tree Snails of the
Genus Achatinella.
Silversword, Mauna Loa
(=Ka‘u).
Argyroxiphium kauense.
T
HI
Recovery Plan for the
Ka‘u Silversword
(Argyroxiphium
kauense).
‘Ahinahina .......................
Argyroxiphium
sandwicense ssp.
sandwicense.
E
HI
Recovery Plan for the
Mauna Kea Silversword
(Argyroxiphium
sandwicense ssp.
sandwicense).
Koki‘o ..............................
Kokia drynarioides ...........
E
HI
Recovery Plan for
Caesalpinia kavaiensis
and Kokia drynarioides.
Uhi uhi ............................
Mezoneuron kavaiense ...
E
HI
Aupaka ...........................
Isodendrion hosakae .......
E
HI
VerDate Sep<11>2014
17:22 Feb 04, 2019
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Recovery Plan for
Lipochaeta venosa and
Isodendrion hosakae.
Frm 00085
Fmt 4703
Sfmt 4703
https://ecos.fws.gov/docs/recovery_plan/Achatinella_
Draft%20Recovery
%20Plan
%20Amendment_
20180801.pdf.
https://ecos.fws.gov/docs/recovery_plan/ARGKAU_
Draft%20Recovery
%20Plan
%20Amendment_
20180801.pdf.
https://ecos.fws.gov/docs/recovery_plan/
ARGSANSAN_Draft
%20Recovery%20Plan
%20Amendment_
20180801.pdf.
https://ecos.fws.gov/docs/recovery_plan/KOKDRY_
Draft%20Recovery
%20Plan
%20Amendment_
20180801.pdf.
https://ecos.fws.gov/docs/recovery_plan/MEZKAV_
Draft%20Recovery
%20Plan
%20Amendment_
20180801.pdf.
https://ecos.fws.gov/docs/recovery_plan/ISOHOS_
Draft%20Recovery
%20Plan
%20Amendment_
20180801.pdf.
E:\FR\FM\05FEN1.SGM
Gregory A. Koob, Assistant Field Supervisor,
808–792–9449, gregory_koob@fws.gov.
05FEN1
Pacific Islands Fish and
Wildlife Office, 300
Ala Moana Boulevard, Room 3–122,
Box 50088, Honolulu,
HI 96850.
]]>Agencies
[Federal Register Volume 84, Number 24 (Tuesday, February 5, 2019)]
[Notices]
[Pages 1777-1782]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01077]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-6101-N-03]
Notice of Regulatory Waiver Requests Granted for the Third
Quarter of Calendar Year 2018
AGENCY: Office of the General Counsel, HUD.
ACTION: Notice.
-----------------------------------------------------------------------
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, 2018 and ending on September 30, 2018.
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 Seventh 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 2018.
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
[[Page 1778]]
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, 2018 through September 30, 2018. 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 2018) before the next report is published (the fourth quarter of
calendar year 2018), 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: January 30, 2019.
J. Paul Compton, Jr.,
General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the
Department of Housing and Urban Development July 1, 2018 Through
September 30, 2018
Note to Reader: More information about the granting of these
waivers, including a copy of the waiver request and approval, may be
obtained by contacting the person whose name is listed as the
contact person directly after each set of regulatory waivers
granted. The regulatory waivers granted appear in the following
order:
I. Regulatory Waivers Granted by the Office of Community Planning
and Development
II. Regulatory Waivers Granted by the Office of Housing
III. Regulatory Waivers Granted by the Office of Public and Indian
Housing
I. Regulatory Waivers Granted by the Office of Community Planning and
Development
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 576.106(d)(1).
Project/Activity: HUD granted a waiver of 24 CFR 576.106(d)(1)
to the Washington State Department of Commerce to allow its
subrecipient, the Whatcom County Health Department (WCHD), to use
Fiscal Year (FY) 2016 and 2017 Emergency Solutions Grants (ESG)
Program Rapid Re-housing (RRH) and Homelessness Prevention (HP)
funds in Whatcom County for housing units with rents up to 118
percent of the HUD-established Fair Market Rent (FMR). The waiver of
24 CFR 576.106(d)(1) is provided for individuals and families who
begin receiving ESG rental assistance during the 1-year period
beginning on the date of the waiver memorandum (August 7, 2018).
WCHD must still comply with the rent reasonableness requirements in
24 CFR 576.106(d)(1).
Nature of Requirement: Under 24 CFR 576.106(d)(1), rental
assistance cannot be provided unless the total rent is equal to or
less than the FMR established by HUD, as provided under 24 CFR part
888, and complies with HUD's standard of rent reasonableness, as
established under 24 CFR 982.507.
Granted By: Neal Rackleff, Assistant Secretary for Community
Planning and Development.
Date Granted: August 7, 2018.
Reason Waived: HUD granted the waiver because the recipient
sufficiently documented its subrecipient's inability to provide
adequate ESG program rental assistance under the current rental
market conditions in Whatcom County. Specifically, HUD determined
that the 1.8 percent rental vacancy rate in Whatcom County, higher-
than-average poverty rate, high demand for low cost rental units,
and lack of available units at or below FMR have resulted in
prolonged, costly and often futile housing search efforts,
participating households remaining homeless for increased periods of
time, and inability of the subrecipient to expend all of its ESG
funds.
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
Regulation: 24 CFR 576.106(d)(1).
Project/Activity: HUD granted a waiver of 24 CFR 576.106(d)(1)
to the State of California Department of Housing and Community
Development (DHCD) to allow its subrecipient, Families in Transition
(FIT) of Santa Cruz County, to use Fiscal Year (FY) 2016 Emergency
Solutions Grants (ESG) Program Rapid Re-housing (RRH) funds in Santa
Cruz County for housing units with rents up to the payment standard
adopted by the Santa Cruz housing authority. The waiver of 24 CFR
576.106(d)(1) is provided for individuals and families who begin
receiving ESG RRH rental assistance during the 1-year period
beginning on the date of the waiver memorandum (August 7, 2018).
DHCD and its subrecipients must still comply with the rent
reasonableness requirements in 24 CFR 576.106(d)(1).
Nature of Requirement: Under 24 CFR 576.106(d)(1), rental
assistance cannot be provided unless the total rent is equal to or
less than the FMR established by HUD, as provided under 24 CFR part
888, and complies with HUD's standard of rent reasonableness, as
established under 24 CFR 982.507.
Granted By: Neal Rackleff, Assistant Secretary for Community
Planning and Development.
Date Granted: August 7, 2018.
Reason Waived: HUD granted the waiver because the recipient
sufficiently documented its subrecipient's inability to provide
adequate ESG rental assistance under the current rental market
conditions in Santa Cruz County. Specifically, HUD determined that
the 2.4 percent rental vacancy rate in Santa Cruz County, extremely
high demand for rental units at or below FMR, lack of available
units at or below FMR, and stringent tenant screening criteria by
many landlords (such as requiring monthly incomes at least 3 times
FMR) have resulted in participating households remaining homeless
for average periods of 9 to 12
[[Page 1779]]
months before being housed, and participants securing only units
with rents above FMR (for which ESG rental assistance could not be
used).
Contact: Norm Suchar, Director, Office of Special Needs
Assistance Programs, Office of Community Planning and Development,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 7262, Washington, DC 20410, telephone (202) 708-4300.
II. Regulatory Waivers Granted by the Office of Housing--Federal
Housing Administration (FHA)
For further information about the following regulatory waivers,
please see the name of the contact person that immediately follows
the description of the waiver granted.
Regulation: 24 CFR 200.73 (c).
Project/Activity: Heritage Crossing II, Baltimore, Maryland,
Project No. 052-35810
Nature of Requirement: HUD's regulation at 24 CFR 200.73 (c)
requiring that ``not less 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 75 apartment
properties on 72 separate parcels of which some are contiguous, but
most are not: 4 of the 72 parcels contain 5 or more single units
that are contiguously situated (totaling 24 units) and therefore
comply with HUD ``Scattered Sites'' requirements; however, the
remaining 68 parcels contain less than 5 units each (totaling 51
units), and are therefore non-contiguous separate sites.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: August 28, 2018.
Reason Waived: The waiver will meet HUD's goal of preserving and
maintaining affordable rental housing for low income families. The
proposed FHA-insured loan/RAD conversion will preserve and
rehabilitate necessary affordable housing and will contribute to the
revitalization of this Baltimore community.
Contact: Patricia M. Burke, Acting Director, Office of
Multifamily Production, HTD, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 6130,
Washington, DC 20410, telephone (202)402-5693.
Regulation: 24 CFR 266.200(b)(2).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Program regulations for thirteen (13) additional projects for a
total of 53 projects, Risk Sharing Initiative through Calendar Year
2019, Substantial Rehabilitation, Massachusetts Housing Finance
Agency (Mass Housing), Boston, Massachusetts, no project names
listed.
Nature of Requirement: The Waiver of 24 CFR 266.200(b)(2),
Substantial Rehabilitation. The Department will permit the revised
definition of substantial rehabilitation (S/R) as described in the
revised MAP Guide published on January 29, 2016, such that S/R is:
Any scope of work that either (a) Exceeds in aggregate cost a sum
equal to the `base per dwelling unit limit' times the applicable
High Cost Factor, or (b) Replacement of two or more building
systems. `Replacement' is when the cost of replacement work exceeds
50 percent of the cost of replacing the entire system.
The High Cost Factors for 2018 were recently published through a
Housing Notice (HN) on May 23, 2018 and the revised statutory limits
were published in the Federal Register on November 7, 2017. The 2018
base dwelling unit amount to determine substantial rehabilitation
for FHA insured loan programs has been increased from $15,000
(changed from $6,500 per unit in the 2016 MAP guide) to $15,636.
This amount will change annually based upon the change in the annual
Consumer Price Index (CPI), along with the statutory limits or other
inflation cost index published by HUD.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing- Federal Housing Commissioner.
Date Granted: September 21, 2018.
Reason Waived: Granted waivers of certain provisions of the
Federal Financing Bank (FFB) Risk-Sharing Program regulations for
thirteen (13) projects utilizing the Federal Financing Bank (FFB)
Risk-Sharing Initiative through the end of Calendar Year 2019. Under
this initiative, FFB provides capital to participating Housing
Finance Agencies (HFAs) to make multifamily loans insured under the
Multifamily Risk Sharing Program.
Contact: Patricia M. Burke, Acting Director, Office of
Multifamily Production, HTD, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 6130,
Washington, DC 20410, telephone (202) 402-5693.
Regulation: 24 CFR 266.200(b)(2).
Project/Activity: Federal Financing Bank (FFB) Risk-Sharing
Program regulations for an additional five (5) projects for a total
of 25 projects utilizing the Federal Financing Bank (FFB) Risk-
Sharing Initiative through the end of Calendar Year 2019,
Substantial Rehabilitation, the Massachusetts Housing Partnership
(MHP), Boston, Massachusetts, no project names listed.
Nature of Requirement: The Waiver of 24 CFR 266.200(b)(2),
Substantial Rehabilitation. The Department will permit the revised
definition of substantial rehabilitation (S/R) as described in the
revised MAP Guide published on January 29, 2016, such that S/R is:
Any scope of work that either (a) Exceeds in aggregate cost a sum
equal to the `base per dwelling unit limit' times the applicable
High Cost Factor, or (b) Replacement of two or more building
systems. `Replacement' is when the cost of replacement work exceeds
50 percent of the cost of replacing the entire system.
The High Cost Factors for 2018 were recently published through a
Housing Notice (HN) on May 23, 2018 and the revised statutory limits
were published in the Federal Register on November 7, 2017. The 2018
base dwelling unit amount to determine substantial rehabilitation
for FHA insured loan programs has been increased from $15,000
(changed from $6,500 per unit in the 2016 MAP guide) to $15,636.
This amount will change annually based upon the change in the annual
Consumer Price Index (CPI), along with the statutory limits or other
inflation cost index published by HUD.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: September 21, 2018.
Reason Granted: Under this initiative, FFB provides capital to
participating Housing Finance Agencies (HFAs) to make multifamily
loans insured under the FHA Multifamily Risk Sharing Program.
Granted waivers of certain provisions of the Federal Financing Bank
(FFB) Risk-Sharing Program regulations for five (5) projects
utilizing the Federal Financing Bank (FFB) Risk-Sharing Initiative
through the end of Calendar Year 2019.
Contact: Patricia M. Burke, Acting Director, Office of
Multifamily Production, HTD, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 6130,
Washington, DC 20410, telephone (202) 402-5693.
Regulation: 24 CFR 266.200(c)(2).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Equity Take Outs. Massachusetts Housing Finance Agency
(Mass Housing), Boston, Massachusetts
Nature of Requirements: The Waiver of 24 CFR 266.200(c)(2),
Existing Projects ``Equity Take-outs''. The Department will 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 Mass
Housing-financed projects and those outside Mass Housing's portfolio
if the result is preservation with the following conditions:
1. Occupancy is no less than 93 percent 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 Section 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:
a. Owner agrees to renew HAP contract(s) for 20-year term,
(subject to appropriations and statutory authorization, etc.), and
b. In accordance with regulations in 24 CFR 883.306(e), and
Housing Notice 2012-14--Use of ``New Regulation'' Section 8 Housing
Assistance Payments (HAP) Contracts Residual Receipts of Offset
Project-Based Section 8 Housing Assistance Payments, if at any time
Mass Housing determines that a project's excess funds (surplus cash)
after project operations, reserve requirements and permitted
distributions are met, Mass Housing must place the excess funds into
a separate interest-bearing account. Upon renewal of a HAP Contract
the excess funds can be used to reduce future HAP payments or other
project operations/purposes. When the HAP Contract expires, is
terminated, or any extensions are terminated, any unused funds
remaining in the Residual Receipt Account at the time of the
contract's termination must be returned to HUD.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: September 21, 2018.
[[Page 1780]]
Reason Waived: 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: Patricia M. Burke, Acting Director, Office of
Multifamily Production, HTD, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 6130,
Washington, DC 20410, telephone (202)402-5693.
Regulation: 24 CFR 266.200(c)(2).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Equity Take Outs. Massachusetts Housing Partnership
(MHP), Boston, Massachusetts.
Nature of Requirement: The Waiver of 24 CFR 266.200(c)(2),
Existing Projects ``Equity Take-outs''. The Department will 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 MHP-
financed projects and those outside MHP's portfolio if the result is
preservation with the following conditions:
1. Occupancy is no less than 93 percent 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 Section 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:
a. Owner agrees to renew HAP contract(s) for 20-year term,
(subject to appropriations and statutory authorization, etc.), and
b. In accordance with regulations in 24 CFR 883.306(e), and
Housing Notice 2012-14--Use of ``New Regulation'' Section 8 Housing
Assistance Payments (HAP) Contracts Residual Receipts of Offset
Project-Based Section 8 Housing Assistance Payments, if at any time
MHP determines that a project's excess funds (surplus cash) after
project operations, reserve requirements and permitted distributions
are met, MHP must place the excess funds into a separate interest-
bearing account. Upon renewal of a HAP Contract the excess funds can
be used to reduce future HAP payments or other project operations/
purposes. When the HAP Contract expires, is terminated, or any
extensions are terminated, any unused funds remaining in the
Residual Receipt Account at the time of the contract's termination
must be returned to HUD.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: September 21, 2018.
Reason Waived: 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: Patricia M. Burke, Acting Director, Office of
Multifamily Production, HTD, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 6130,
Washington, DC 20410, telephone (202) 402-5693.
Regulation: 24 CFR 266.200(d).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Underwriting of Projects with Section 8 HAP Contracts.
Massachusetts Housing Finance Agency (Mass Housing), Boston,
Massachusetts
Nature of Requirement: The Waivers of 24 CFR 266.200(d),
Projects receiving Section 8 rental subsidies or other rental
subsidies. For refinancing of Section 202 projects, and for Public
Housing Authority (PHA) projects converting to Section 8 through the
Rental Assistance Demonstration (RAD) Initiative, the Department
will permit Mass Housing to underwrite the financing using current
or to be adjusted project-based Section 8 assisted rents, even
though they exceed the market rates. This is consistent with HUD
Housing Notice 04-21, ``Amendments to Notice 02-16: Underwriting
Guidelines for Refinancing of Section 202, and Section 202/8 Direct
Loan Repayments'', which grants authority only to those lenders
refinancing with mortgage programs under the National Housing Act.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: September 21, 2018.
Reason Waived: 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: Patricia M. Burke, Acting Director, Office of
Multifamily Production, HTD, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 6130,
Washington, DC 20410, telephone (202) 402-5693.
Regulation: 24 CFR 266.200(d).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Underwriting of Projects with Section 8 HAP Contracts.
Massachusetts Housing Partnership (MHP), Boston, Massachusetts.
Nature of Requirement: The Waivers of 24 CFR 266.200(d),
Projects receiving Section 8 rental subsidies or other rental
subsidies. For refinancing of Section 202 projects, and for Public
Housing Authority (PHA) projects converting to Section 8 through the
Rental Assistance Demonstration (RAD) Initiative, the Department
will permit MHP to underwrite the financing using current or to be
adjusted project-based Section 8 assisted rents, even though they
exceed the market rates. This is consistent with HUD Housing Notice
04-21, ``Amendments to Notice 02-16: Underwriting Guidelines for
Refinancing of Section 202, and Section 202/8 Direct Loan
Repayments'', which grants authority only to those lenders
refinancing with mortgage programs under the National Housing Act.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: September 21, 2018.
Reason Waived: 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: Patricia M. Burke, Acting Director, Office of
Multifamily Production, HTD, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 6130,
Washington, DC 20410, telephone (202) 402-5693.
Regulation: 24 CFR 266.410(e).
Project/Activity: District of Columbia Housing Finance Agency
(DCHFA), Washington, DC no project name or number.
Nature of Requirement: The 24 CFR 266.410(e), which 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 DCHFA to use balloon loans that would have a
minimum term of 17 years and a maximum amortization period of 40
years for the projects identified in the ``Multifamily Pipeline
Projects''.
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: August 17, 2018.
Reason Waived: The waiver was granted to allow DCHFA's clients
additional financing options to their customers and to align DCHFA
business practices with industry standards. This waiver is effective
through December 31, 2019. The regulatory waiver is subject to the
following conditions:
1. This waiver expires on December 31, 2019.
2. DCHFA must elect to take 50 percent or more of the risk of
loss on all transactions.
3. Loans made under this waiver may have amortization periods of
up to 40 years, but terms as short as 17 years.
4. All other requirements of 24 CFR 266.410 remain applicable.
The waiver is applicable only to loans made under DCHFA's Risk
Sharing Agreement.
5. In accordance with 24 CFR 266.200(d), the mortgage may not
exceed an amount supportable by the lower of the Section 8 or
comparable unassisted rents.
6. Projects must comply with Davis-Bacon labor standards in
accordance with 24 CFR 266.225.
7. DCHFA must comply with regulations stated in 24 CFR 266.210
for insured advances or insurance upon completion transactions.
8. An Affordable Housing Deed restriction for at least 20 years
must be recorded.
9. The loans exceeding $50 million require a separate waiver
request
Contact: Patricia M. Burke, Acting Director, Office of
Multifamily Production, HTD, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 6130,
Washington, DC 20410, telephone (202) 402-5693.
Regulation: 24 CFR 266.620(e).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Termination of Mortgage Insurance. Massachusetts Housing
Finance Agency (Mass Housing), Boston, Massachusetts
Nature of Requirement: The waiver of 24 CFR 266.620(e)
Termination of Mortgage Insurance. As required by the Initiative,
Mass Housing agrees to indemnify HUD for all amount paid to FFB if
``the HFA or its successors commit fraud or make a material
misrepresentation to the Commissioner with
[[Page 1781]]
respect to information culminating in the Contract of Insurance on
the mortgage, or while the Contract of Insurance is in existence''.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: September 21, 2018.
Reason Waived: 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: Patricia M. Burke, Acting Director, Office of
Multifamily Production, HTD, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 6130,
Washington, DC 20410, telephone (202) 402-5693.
Regulation: 24 CFR 266.620(e).
Project/Activity: Federal Financing Bank (FFB) Risk Sharing
Initiative, Termination of Mortgage Insurance. Massachusetts Housing
Partnership (MHP).
Nature of Requirement: The Waiver of 24 CFR 266.620(e)
Termination of Mortgage Insurance. As required by the Initiative,
MHP agrees to indemnify HUD for all amount paid to FFB if ``the HFA
or its successors commit fraud or make a material misrepresentation
to the Commissioner with respect to information culminating in the
Contract of Insurance on the mortgage, or while the Contract of
Insurance is in existence''.
Granted By: Brian D. Montgomery, Assistant Secretary for
Housing-Federal Housing Commissioner.
Date Granted: September 21, 2018.
Reason Waived: 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: Patricia M. Burke, Acting Director, Office of
Multifamily Production, HTD, Office of Housing, Department of
Housing and Urban Development, 451 Seventh Street SW, Room 6130,
Washington, DC 20410, telephone (202) 402-5693.
Regulation: 24 CFR part 891.520.
Project/Activity: Broadway Arms, FHA Contract Number IN36-T801-
033, Lewistown, Illinois. Lewistown Broadway, LLC (Owner) seeks
approval to rent to all eligible families 18 and over on the subject
project.
Nature of Requirement: The regulation at 24 CFR 891.520 defines
terms applicable to Section 202 loans, and under this section
``eligible family'' means an elderly or handicapped family that
meets the project occupancy requirements approved by HUD. 24 CFR
891.575(a)(1) states that ``during the term of the HAP contract, a
Borrower shall make available for occupancy by eligible families the
total number of units for which assistance is committed under the
HAP contract.''
Granted by: Brian D. Montgomery, Assistant Secretary for
Housing--Federal Housing Commissioner.
Date Granted: September 24, 2018.
Reason Waived: The owner requested and was granted waiver of the
requirement to lease units to other than elderly or handicap
eligible families 18 and over, and waiver of the regulatory
provision 24 CFR part 891.520 ``definition of eligible family''. The
waiver enabled the project to better service the housing needs in
Lewistown, IL.
Contact: Crystal Martinez, Account Executive, Office of Housing,
Department of Housing and Urban Development, 451 Seventh Street SW,
Room 6174, Washington, DC 20410, telephone (202) 402-3718.
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: 1006.410(a)(2).
Project: Department of Hawaiian Home Lands (DHHL) request a 60-
day extension of the regulatory deadline to submit the Annual
Performance Report (APR) on the use of the Native Hawaiian Housing
Block Grant.
Nature of Requirement: Pursuant to 24 CFR 1006.410(a)(2), each
FY, DHHL must submit a performance report to HUD within 60 days of
the end of DHHL's FY. DHHL's FY ended on June 30, 2018. DHHL
requests that the APR submission deadline be extended from August
30, 2018 to October 31, 2018.
Granted By: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: August 30, 2018.
Reason Waived: DHHL requested an extension of the deadline
because unexpected staff shortages required DHHL to procure an
external self-monitor to conduct the the required self-monitoring
that was needed to complete the APR. Pursuant to 24 CFR 1006.30,
ONAP determined there was good cause to waive the regulatory
deadline and provide DHHL an additional 60 days to submit their APR.
Contact: Claudine Allen, Native Hawaiian Program Specialist, HUD
Honolulu Field Office, Office of Public and Indian Housing, 1132
Bishop Street, Suite 1400, Honolulu, HI 96813, telephone (808) 457-
4674.
Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Municipality of San German (RQ030).
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: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: August 13, 2018.
Reason Waived: The HA requested relief from compliance for
additional to submit its financial reporting requirements for the
fiscal year end (FYE) of June 30, 2017. The HA is still recovering
from damages resulting from Hurricane Irma and is in Category C of
the applicable Major Disaster Declaration for Hurricane Maria. The
circumstances preventing the HA from submitting its FYE 2017 audited
financial data by the due date was acceptable. Accordingly, the HA
has until September 30, 2018, to submit its audited financial
information to the Department. The approval of the Financial
Assessment Subsystem (FASS) audited financial submission only
permits the extension for filing. The HA is required to contact the
HUDOIG Single Audit Coordinator at
HUDOIGSingleAuditCoordinator@hudoig.gov for Single Audit extensions
applicable to the Federal Audit Clearinghouse.
Contact: Dee Ann R. Walker, 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 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Municipality of Aguas Buenas (RQ082).
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: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
Date Granted: August 30, 2018.
Reason Waived: The HA requested relief from compliance for an
additional 240-days to submit its financial reporting requirements
for the fiscal year end (FYE) of June 30, 2017. The HA is still
recovering from damages resulting from Hurricane Irma and is in
Category C of the applicable Major Disaster Declaration for
Hurricane Maria. The circumstances preventing the HA from submitting
its FYE 2017 audited financial data by the due date was acceptable.
Accordingly, the HA has until March 31, 2019, to submit its audited
financial information to the Department. The approval of the
Financial Assessment Subsystem (FASS) audited financial submission
only permits the extension for filing. The HA is required to contact
the HUDOIG Single Audit Coordinator at
HUDOIGSingleAuditCoordinator@hudoig.gov for Single Audit extensions
applicable to the Federal Audit Clearinghouse.
Contact: Dee Ann R. Walker, 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 5.801(c) and 24 CFR 5.801(d)(1).
Project/Activity: Municipality of Yaco (RQ083).
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: Dominique Blom, General Deputy Assistant Secretary
for Public and Indian Housing.
[[Page 1782]]
Date Granted: August 30, 2018.
Reason Waived: The HA requested relief from compliance for an
additional 91-days to submit its financial reporting requirements
for the fiscal year end (FYE) of June 30, 2017. The HA is still
recovering from damages resulting from Hurricane Irma and is in
Category C of the applicable Major Disaster Declaration for
Hurricane Maria. The circumstances preventing the HA from submitting
its FYE 2017 audited financial data by the due date was acceptable.
Accordingly, the HA has until October 31, 2018, to submit its
audited financial information to the Department. The approval of the
Financial Assessment Subsystem (FASS) audited financial submission
only permits the extension for filing. The HA is required to contact
the HUDOIG Single Audit Coordinator at
HUDOIGSingleAuditCoordinator@hudoig.gov for Single Audit extensions
applicable to the Federal Audit Clearinghouse.
Contact: Dee Ann R. Walker, 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 960.206(b)(3).
Project/Activity: Alexandria Redevelopment and Housing Authority
(ARHA), Virginia.
Nature of Requirement: This requirement provides that a PHA may
not adopt a preference for admission of persons with a specific
disability.
Granted By: General Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: August 27, 2018.
Reason Waived: Based upon the information provided, the
Department determined that good cause existed to allow ARHA to
implement a tenant selection preference for persons with specific
disabilities under the public housing program to assist the State of
Virginia with complying with the requirements set forth in the State
of Virginia's Olmstead Settlement Agreement.
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 4208, Washington, DC 20410,
telephone (202) 402-5687 or at Monica.C.Shepherd@hud.gov.
Regulation: 24 CFR 960.206(b)(3).
Project/Activity: Rockford Housing Authority, Illinois.
Nature of Requirement: This requirement provides that a PHA may
not adopt a preference for admission of persons with a specific
disability.
Granted By: General Deputy Assistant Secretary for Public and
Indian Housing.
Date Granted: September 21, 2018.
Reason Waived: Based upon the information provided, the
Department determined that good cause existed to extend the
previously approved waiver to establish a limited tenant selection
preference for persons with specific disabilities in its public
housing and HCV programs in order to assist the State of Illinois
with complying with the requirements set forth in the State of
Illinois' Olmstead Coordinated Remedial Plan (the Plan). The Plan is
pursuant to an agreement with the Department of Justice stemming
from the Olmstead v. L.C. litigation under Title II of the Americans
with Disabilities Act (ADA) and three Olmstead-related Consent
Decrees.
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 4208, Washington, DC 20410,
telephone (202) 402-5687 or at Monica.C.Shepherd@hud.gov.
[FR Doc. 2019-01077 Filed 2-4-19; 8:45 am]
BILLING CODE 4210-67-P
