Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2019, 64545-64549 [2019-25390]

Download as PDF Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices amended, notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The grant applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the grant applications, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy. Name of Committee: National Institute of Mental Health Special Emphasis Panel; NIMH: Limited Competition for a Connectome Coordination Facility. Date: December 10, 2019. Time: 12:30 p.m. to 1:30 p.m. Agenda: To review and evaluate grant applications. Place: National Institutes of Health, Neuroscience Center Building (NSC), 6001 Executive Boulevard, Rockville, MD 20852 (Telephone Conference Call). Contact Person: Vinod Charles, Ph.D., Scientific Review Officer, Division of Extramural Activities, National Institute of Mental Health, NIH, Neuroscience Center, 6001 Executive Blvd., Room 6151, MSC 9606, Bethesda, MD 20892–9606, 301–443–1606, charlesvi@mail.nih.gov. (Catalogue of Federal Domestic Assistance Program Nos. 93.242, Mental Health Research Grants, National Institutes of Health, HHS) Dated: November 18, 2019. Melanie J. Pantoja, Program Analyst, Office of Federal Advisory Committee Policy. [FR Doc. 2019–25303 Filed 11–21–19; 8:45 am] BILLING CODE 4140–01–P DEPARTMENT OF HEALTH AND HUMAN SERVICES National Institutes of Health khammond on DSKJM1Z7X2PROD with NOTICES National Institute of Allergy and Infectious Diseases; Notice of Closed Meeting Pursuant to section 10(d) of the Federal Advisory Committee Act, as amended, notice is hereby given of the following meeting. The meeting will be closed to the public in accordance with the provisions set forth in sections 552b(c)(4) and 552b(c)(6), Title 5 U.S.C., as amended. The cooperative agreement applications and the discussions could disclose confidential trade secrets or commercial property such as patentable material, and personal information concerning individuals associated with the cooperative agreement applications, the disclosure of which would VerDate Sep<11>2014 16:57 Nov 21, 2019 Jkt 250001 constitute a clearly unwarranted invasion of personal privacy. 64545 451 7th Street SW, Room 10282, Washington, DC 20410–0500, telephone 202–708–5300 (this is not a toll-free Name of Committee: National Institute of number). Persons with hearing- or Allergy and Infectious Diseases Special speech-impairments may access this Emphasis Panel; HIV/AIDS Prevention number through TTY by calling the tollClinical Trials Network Leadership and Operations Center (UM1—Clinical Trial free Federal Relay Service at 800–877– Required). 8339. Date: December 11, 2019. For information concerning a Time: 12:00 p.m. to 4:00 p.m. particular waiver that was granted and Agenda: To review and evaluate for which public notice is provided in cooperative agreement applications. this document, contact the person Place: National Institutes of Health, 5601 whose name and address follow the Fishers Lane, Rockville, MD 20892 description of the waiver granted in the (Telephone Conference Call). accompanying list of waivers that have Contact Person: Kumud K. Singh, Ph.D., Scientific Review Officer, Scientific Review been granted in the third quarter of Program, Division of Extramural Activities, calendar year 2019. National Institutes of Health, NIAID, 5601 SUPPLEMENTARY INFORMATION: Section Fishers Lane, MSC–9823, Rockville, MD 106 of the HUD Reform Act added a 20852, 301–761–7830, kumud.singh@ new section 7(q) to the Department of nih.gov. Housing and Urban Development Act (Catalogue of Federal Domestic Assistance (42 U.S.C. 3535(q)), which provides Program Nos. 93.855, Allergy, Immunology, that: and Transplantation Research; 93.856, 1. Any waiver of a regulation must be Microbiology and Infectious Diseases Research, National Institutes of Health, HHS) in writing and must specify the grounds for approving the waiver; Dated: November 15, 2019. 2. Authority to approve a waiver of a Tyeshia M. Roberson, regulation may be delegated by the Program Analyst, Office of Federal Advisory Secretary only to an individual of Committee Policy. Assistant Secretary or equivalent rank, [FR Doc. 2019–25304 Filed 11–21–19; 8:45 am] and the person to whom authority to BILLING CODE 4140–01–P waive is delegated must also have authority to issue the particular regulation to be waived; DEPARTMENT OF HOUSING AND 3. Not less than quarterly, the URBAN DEVELOPMENT Secretary must notify the public of all waivers of regulations that HUD has [Docket No. FR–6164–N–03] approved, by publishing a notice in the Federal Register. These notices (each Notice of Regulatory Waiver Requests covering the period since the most Granted for the Third Quarter of recent previous notification) shall: Calendar Year 2019 a. Identify the project, activity, or AGENCY: Office of the General Counsel, undertaking involved; HUD. b. Describe the nature of the provision ACTION: Notice. waived and the designation of the provision; SUMMARY: Section 106 of the Department c. Indicate the name and title of the of Housing and Urban Development person who granted the waiver request; Reform Act of 1989 (the HUD Reform d. Describe briefly the grounds for Act) requires HUD to publish quarterly approval of the request; and Federal Register notices of all e. State how additional information regulatory waivers that HUD has about a particular waiver may be approved. Each notice covers the obtained. quarterly period since the previous Section 106 of the HUD Reform Act Federal Register notice. The purpose of also contains requirements applicable to this notice is to comply with the waivers of HUD handbook provisions requirements of section 106 of the HUD that are not relevant to the purpose of Reform Act. This notice contains a list this notice. of regulatory waivers granted by HUD This notice follows procedures during the period beginning on July 1, provided in HUD’s Statement of Policy 2019 and ending on September 30, on Waiver of Regulations and Directives 2019. issued on April 22, 1991 (56 FR 16337). In accordance with those procedures FOR FURTHER INFORMATION CONTACT: For and with the requirements of section general information about this notice, 106 of the HUD Reform Act, waivers of contact Aaron Santa Anna, Acting regulations are granted by the Assistant Associate General Counsel for Legislation and Regulations, Department Secretary with jurisdiction over the regulations for which a waiver was of Housing and Urban Development, PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1 64546 Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices 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, 2019 through September 30, 2019. 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 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 third quarter of calendar year 2019) before the next report is published (the fourth quarter of calendar year 2019), 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: November 15, 2019. J. Paul Compton Jr., General Counsel. khammond on DSKJM1Z7X2PROD with NOTICES Appendix Listing of Waivers of Regulatory Requirements Granted by Offices of the Department of Housing and Urban Development July 1, 2019 Through September 30, 2019 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. VerDate Sep<11>2014 16:57 Nov 21, 2019 Jkt 250001 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 92.252(d)(1) Utility Allowance Requirements. Project/Activity: Contra Costa County, California, requested a waiver of 24 CFR 92.252(d)(1) to allow use of utility allowance established by local public housing agency (PHA) for a HOME-assisted project—Antioch Scattered Site. Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) requires participating jurisdictions to establish maximum monthly allowances for utilities and services (excluding telephone) and update the allowances annually. However, participating jurisdictions are not permitted to use the utility allowance established by the local public housing authority for HOME-assisted rental projects. Granted By: David C. Woll Jr., Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: July 30, 2019. Reason Waived: The HOME requirements for establishing a utility allowances conflict with Project Based Voucher program requirements. It is not possible to use two different utility allowances to set the rent for a single unit and it is administratively burdensome to require a project owner to establish and implement different utility allowances for HOME-assisted units and nonHOME assisted units in a project. Contact: Virginia Sardone, Director, Office of Affordable Housing Programs, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202) 708–2684. • Regulation: 24 CFR 92.252(d)(1) Utility Allowance Requirements. Project/Activity: Oakland County, California, requested a waiver of 24 CFR 92.252(d)(1) to allow use of utility allowance established by local public housing agency (PHA) for a HOME-assisted project—3628 San Pablo Avenue. Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) requires participating jurisdictions to establish maximum monthly allowances for utilities and services (excluding telephone) and update the allowances annually. However, participating jurisdictions are not permitted to use the utility allowance established by the local public housing authority for HOME-assisted rental projects for which HOME funds were committed. Granted By: David C. Woll Jr., Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: August 27, 2019. Reason Waived: The HOME requirements for establishing a utility allowances conflict with Project Based Voucher program requirements. It is not possible to use two different utility allowances to set the rent for PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 a single unit and it is administratively burdensome to require a project owner to establish and implement different utility allowances for HOME-assisted units and nonHOME assisted units in a project. Contact: Virginia Sardone, Director, Office of Affordable Housing Programs, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202) 708–2684. • Regulation: 24 CFR 92.252(d)(1) Utility Allowance Requirements. Project/Activity: City of San Buenaventura, California, requested a waiver of 24 CFR 92.252(d)(1) to allow use of utility allowance established by local public housing agency (PHA) for a HOME-assisted project— Westview Village Phase 1. Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) requires participating jurisdictions to establish maximum monthly allowances for utilities and services (excluding telephone) and update the allowances annually. However, participating jurisdictions are not permitted to use the utility allowance established by the local public housing authority for HOME-assisted rental projects. Granted By: David C. Woll Jr., Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: September 10, 2019. Reason Waived: The HOME requirements for establishing a utility allowances conflict with Project Based Voucher program requirements. It is not possible to use two different utility allowances to set the rent for a single unit and it is administratively burdensome to require a project owner to establish and implement different utility allowances for HOME-assisted units and nonHOME assisted units in a project. Contact: Virginia Sardone, Director, Office of Affordable Housing Programs, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202) 708–2684. • Regulation: 24 CFR 92.252(d)(1) Utility Allowance Requirements. Project/Activity: City of Santa Rosa, California, requested a waiver of 24 CFR 92.252(d)(1) to allow use of utility allowance established by local public housing agency (PHA) for a HOME-assisted project— Parkwood Apartments. Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) requires participating jurisdictions to establish maximum monthly allowances for utilities and services (excluding telephone) and update the allowances annually. However, participating jurisdictions are not permitted to use the utility allowance established by the local public housing authority for HOME-assisted rental projects. Granted By: David C. Woll Jr., Principal Deputy Assistant Secretary for Community Planning and Development. Date Granted: September 10, 2019. Reason Waived: The HOME requirements for establishing a utility allowances conflict with Project Based Voucher program requirements. It is not possible to use two different utility allowances to set the rent for a single unit and it is administratively burdensome to require a project owner to E:\FR\FM\22NON1.SGM 22NON1 khammond on DSKJM1Z7X2PROD with NOTICES Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices establish and implement different utility allowances for HOME-assisted units and nonHOME assisted units in a project. Contact: Virginia Sardone, Director, Office of Affordable Housing Programs, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202) 708–2684. • Regulation: 75 FR 64328, II.B.3.a. Project/Activity: The State of West Virginia—Riverview at Clendenin Building. Nature of Requirement: The Housing and Economic Recovery Act of 2008 (HERA) requires, to the maximum extent practicable and for the longest feasible term, the sale, rental or redevelopment of abandoned and foreclosed Neighborhood Stabilization Program (NSP)-assisted homes and residential properties remain affordable to individuals or families whose incomes do not exceed 120 percent of area median income. Section II.B.3.a of the NSP Federal Register Notice implementing HERA requires grantees to adopt, at a minimum, the HOME program standards in 24 CFR part 92 to comply with the continued affordability requirement. Granted By: David C. Woll, Jr., Principal Assistant Secretary for Community Planning and Development. Date Granted: April 2, 2019. Reason Waived: The Riverview at Clendenin Building was redeveloped using NSP funds, historic tax credits and developer equity to produce 18 housing units for seniors on the first and third floors and a health clinic on the second floor. The project is in the 500-year floodplain and was greatly impacted by a 1,000-year flood event on June 23, 2016. The first-floor units and building mechanicals were destroyed by water and mud that rose up to just below the second floor. The State requested the waiver because the State determined it was not feasible to continue to use the first floor for housing. The waiver allows the State of West Virginia to redevelop the first floor of the building for non-residential uses while returning the second and third floors to their intended uses. The state will explore options for developing replacement housing units at a different site to replace the lost first-floor units. Contact: Steve Johnson, Director, Entitlement Communities Division, Community Planning and Development, U.S. Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 402–4548. • Regulation: 24 CFR 570.207(b)(4). Project/Activity: Extension of waiver for emergency grant payments for Santa Barbara County, CA. Nature of Requirement: The regulations at 24 CFR 570.207(b)(4) prohibit the use of CDBG funds for income payments except in the case of emergency grant payments made for up to three consecutive months to a service provider, respectively. Granted By: David C. Woll, Jr., Principal Assistant Secretary for Community Planning and Development. Date Granted: September 9, 2019. Reason Waived: The Santa Barbara County wildfires and subsequent mudslides caused substantial damage to neighborhoods VerDate Sep<11>2014 16:57 Nov 21, 2019 Jkt 250001 throughout the county. A Presidentially declared disaster declaration (FEMA–4353– DR) was issued on October 10, 2017. The county requested an extension of its August 20, 2018, waiver of the limitation on emergency grant payments to facilitate recovery and assist individuals and families affected by the disaster. The waiver extends emergency grant payments to individuals for up to six consecutive months. The waiver granted will allow the county to expedite recovery efforts for low and moderate income residents affected by the wildfires and subsequent mudslides; pay for additional support services for affected individuals and families, including, but not limited to, food, health, employment, and case management services to help county residents impacted by the fires and enable the county to pay for the basic daily needs of individuals and families affected by the fires on an interim basis. Contact: Steve Johnson, Director, Entitlement Communities Division, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 402–4548. • Regulation: 24 CFR 91.105(c)(2) and (k). Project/Activity: San Bernardino County, CA. Nature of Requirement: 24 CFR 91.105(c)(2) requires the citizen participation plan to provide residents with reasonable notice and an opportunity to comment on substantial amendments to the consolidated plan. The citizen participation plan must state how reasonable notice and an opportunity to comment will be given and require a 30-day public comment period prior to the implementation of a substantial amendment. 24 CFR 91.105(k) requires the grantee to follow its citizen participation plan. Granted By: David C. Woll, Jr., Principal Assistant Secretary for Community Planning and Development. Date Granted: September 10, 2019. Reason Waived: San Bernardino County earthquakes and subsequent aftershocks caused substantial damage to Trona, an unincorporated community located in San Bernardino County. An Emergency Management declaration (FEMA–3415–EM) was issued on July 8, 2019. The waiver reduces the public comment period from thirty to seven days and allows the county of San Bernardino to determine what constitutes reasonable notice to comment on the proposed amendments to its Consolidated Plan. These waived CDBG requirements allow the county to expedite recovery efforts for low- and moderateincome residents affected by the earthquakes and aftershocks. Contact: Steve Johnson, Director, Entitlement Communities Division, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 402–4548. • Regulation: 24 CFR 91.105(c)(2) requires the citizen participation plan to provide residents with reasonable notice and an opportunity to comment on substantial amendments to the consolidated plan. The citizen participation plan must state how PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 64547 reasonable notice and an opportunity to comment will be given and require a 30-day public comment period prior to the implementation of a substantial amendment. 24 CFR 91.105(k) requires the grantee to follow its citizen participation plan. Project/Activity: City and County of Honolulu. Nature of Requirement: 24 CFR 91.105(c)(2) and (k) require a 30-day public comment period. Granted By: David C. Woll, Jr., Principal Assistant Secretary for Community Planning and Development. Date Granted: September 13, 2019. Reason Waived: The Honolulu floods caused substantial damage to neighborhoods throughout the island of Oahu. A Presidentially declared disaster declaration (FEMA–4365–DR) was issued on May 8, 2018. The city and county requested a waiver for the CDBG public comment period from thirty to five days to expedite recovery and assist individuals and families affected by the disaster. Contact: Steve Johnson, Director, Entitlement Communities Division, Department of Housing and Urban Development, 451 Seventh Street SW, Room 7282, Washington, DC 20410, telephone (202) 402–4548. 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 219.220(b). Project/Activity: Gloria Dei Manor/ Augustana Lutheran Homes, FHA Project Number 092–SH128, Litchfield, MN. Augustana Lutheran Homes, Incorporated (Owner) seeks approval to defer repayment of the Flexible Subsidy Operating Assistance Loan on the subject project. Nature of Requirement: The regulation at 24 CFR 219.220(b) (1995), which governs the repayment of operating assistance provided under the Flexible Subsidy Program for Troubled Properties, states ‘‘Assistance that has been paid to a project owner under this subpart must be repaid at the earlier of the expiration of the term of the mortgage, termination of mortgage insurance, prepayment of the mortgage, or a sale of the project.’’ Granted By: Brian D. Montgomery, Assistant Secretary for Housing-Federal Housing Commissioner. Date Granted: August 8, 2019. Reason Waived: The Owner requested and was granted waiver of the requirement to repay the Flexible Subsidy Operating Assistance Loan in full when it became due. Deferring the loan payment will preserve the affordable housing resource for an additional 30 years through the execution and recordation of a Rental Use Agreement. Contact: Nathaniel Johnson, Senior Account Executive, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410, telephone (202) 402–5156. • Regulation: 24 CFR 219.220(b). E:\FR\FM\22NON1.SGM 22NON1 khammond on DSKJM1Z7X2PROD with NOTICES 64548 Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices Project/Activity: Memorial Apartments, FHA Project Number 052–35724, Baltimore, MD. Memorial Development Partners, Limited Partnership (Owner) seeks approval to defer repayment of the Flexible Subsidy Operating Assistance Loan on the subject project. Nature of Requirement: The regulation at 24 CFR 219.220(b) (1995), which governs the repayment of operating assistance provided under the Flexible Subsidy Program for Troubled Properties, states ‘‘Assistance that has been paid to a project owner under this subpart must be repaid at the earlier of the expiration of the term of the mortgage, termination of mortgage insurance, prepayment of the mortgage, or a sale of the project.’’ Granted By: Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. Date Granted: September 3, 2019. Reason Waived: The Owner requested and was granted waiver of the requirement to repay the Flexible Subsidy Operating Assistance Loan in full when it became due. Deferring the loan payment will preserve the affordable housing resource for an additional 40 years through the execution and recordation of a Rental Use Agreement. Contact: Cindy Bridges, Senior Account Executive, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410–8000, telephone (202) 402–2603. • Regulation: 24 CFR 219.220(b)(1995). Project/Activity: Presbyterian Apartments, FHA Project Number 034–SH006, Harrisburg, PA. The owner request to defer repayment of the Flexible Subsidy loan on the subject project. Nature of Requirement: The regulation at 24 CFR 219.220(b)(1995), which governs the repayment operating assistance provided under the Flexible Subsidy Program for Troubled Projects, states ‘‘Assistance that has been paid to a project owner under this subpart must be repaid at the earlier of expiration of the term of the mortgage, termination of mortgage insurance, prepayment of the mortgage, or a sale of the project.’’ Granted By: Brian Montgomery, Assistant Secretary for Housing-Federal Housing Commissioner. Date Granted: August 8, 2019. Reason Waived: Pursuant to the authority contained in 24 CFR 5.110, good cause has been shown that it is in the public’s best interest to grant this waiver. Contact: Mirline Labissiere, Transaction Manager, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410, telephone (202) 402– 6207. • Regulation: 24 CFR 219.220(b)(1995). Project/Activity: Jefferson Towers Apartments, FHA Number: 047–SH018, Muskegon, Michigan. The owner request to defer repayment of the Flexible Subsidy loan on the subject project. Nature of Requirement: The regulation at 24 CFR 219.220(b)(1995), which governs the repayment operating assistance provided under the Flexible Subsidy Program for Troubled Projects, states ‘‘Assistance that has VerDate Sep<11>2014 16:57 Nov 21, 2019 Jkt 250001 been paid to a project owner under this subpart must be repaid at the earlier of expiration of the term of the mortgage, termination of mortgage insurance, prepayment of the mortgage, or a sale of the project.’’ Granted By: Brian Montgomery, Assistant Secretary for Housing-Federal Housing Commissioner. Date Granted: August 8, 2019. Reason Waived: Pursuant to the authority contained in 24 CFR 5.110, good cause has been shown that it is in the public’s best interest to grant this waiver. Contact: Mirline Labissiere, Transaction Manager, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410, telephone (202) 402– 6207. • Regulation: 24 CFR 232.7. Project/Activity: Oak Hills Terrace, FHA #113–22278, is an Assisted Living/Memory Care facility. The facility does not meet the requirements of 24 CFR 232.7 ‘‘Bathroom’’ of FHA’s regulations. The project location is Tyler, TX. Nature of Requirement: The regulation at 24 CFR 232.7 mandates in a board and care home or assisted living facility that not less than one full bathroom must be provided for every four residents. Also, the bathroom cannot be accessed from a public corridor or area. Granted By: Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. Date Granted: August 9, 2019. Reason Waived: The project currently has a resident to shower ratio of 7:1. The memory care residents require assistance with bathing. These residents are housed in units in a secure, lock-down area, with a halfbathroom each and access to the shower rooms through a hallway. The project meets the State of Texas’s licensing requirements for bathing and toileting facilities. Contact: Nicole M. Johnson, Operations, Office of Healthcare Programs, Office of Housing, Department of Housing and Urban Development, 1670 Broadway, 23rd Floor, Denver, CO 80202, telephone (303) 672– 5401. • Regulation: 24 CFR 232.7. Project/Activity: The Retreat and Retreat Gardens, FHA #116–22026, is an Assisted Living/Memory Care facility. The facility does not meet the requirements of 24 CFR 232.7 ‘‘Bathroom’’ of FHA’s regulations. The project location is Rio Rancho, New Mexico. Nature of Requirement: The regulation at 24 CFR 232.7 mandates in a board and care home or assisted living facility that not less than one full bathroom must be provided for every four residents. Also, the bathroom cannot be accessed from a public corridor or area. Granted By: Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. Date Granted: August 9, 2019. Reason Waived: The project currently has a resident to shower ratio of 5:1. The memory care residents require assistance with bathing. These residents are housed in units in a secure, lock-down area, with a halfbathroom each and access to the shower PO 00000 Frm 00096 Fmt 4703 Sfmt 4703 rooms through a hallway. The project meets the State of New Mexico’s licensing requirements for bathing and toileting facilities. Contact: Nicole M. Johnson, Operations, Office of Healthcare Programs, Office of Housing, Department of Housing and Urban Development, 1670 Broadway, 23rd Floor, Denver, CO 80202, telephone (303) 672– 5401. • Regulation: 24 CFR 266.410(e). Project/Activity: Colorado Housing and Finance Agency (CHFA), Denver, Colorado, no project number. The Agency have requested approval of a one-year extension of the waiver through July 31, 2020. 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 CHFA 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: July 12, 2019. Reason Waived: The extension would provide the CHFA additional time to process the financial transactions. CHFA would offer Balloon Loans which have become a standard product in the affordable housing industry. Granting this request will reduce Colorado Housing and Finance Agency’s cost of capital, which should translate into lower rates for their borrowers, and will support their preservation efforts. Contact: Patricia M. Burke, Director, Office of Multifamily Production, HTD, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410– 8000, telephone (202) 402–5693. • Regulation: 24 CFR 891.805. Project/Activity: Forest Towers-Metro, FHA Number 075–EH051, and Meadows Apartments, FHA Number 075–EH354, Milwaukee, Wisconsin. The Steele Lakeshore, Limited Partnership (Proposed Owner) seeks approval of the single-asset entity requirement that will allow the projects to participate in Low-Income Housing Tax Credits (LIHTC) granted by the Wisconsin Housing and Economic Development Authority. The projects will be substantially rehabilitated and combined for financing purposes as a single property. Nature of Requirement: The regulation at 24 CFR 891.805, Subpart F ‘‘For-Profit Limited Partnerships and Mixed-Finance Development for Supportive Housing for the Elderly or Persons with Disabilities.’’ Specifically, that provision, 24 CFR 891.805 ‘‘Definitions,’’ which defines the term ‘‘Mixed-finance owner’’ as ‘‘. . . a singleasset, for-profit limited partnership of which a private nonprofit organization is the sole general partner.’’ Granted By: Brian D. Montgomery, Assistant Secretary for Housing—Federal Housing Commissioner. Date Granted: August 27, 2019. Reason Waived: The Owner requested and was granted waiver of the single-asset entity E:\FR\FM\22NON1.SGM 22NON1 Federal Register / Vol. 84, No. 226 / Friday, November 22, 2019 / Notices khammond on DSKJM1Z7X2PROD with NOTICES requirement at 24 CFR 891.805 to allow the projects to be owned by a single for-profit Limited Partnership to facilitate tax credit financing. Granting this waiver allows the projects to participate in LIHTC financing and meet the Department’s criteria with respect to the refinancing and rehabilitation. Contact: Crystal Martinez, Senior Account Executive, Department of Housing and Urban Development, 451 Seventh Street SW, Washington, DC 20410–8000, telephone (202) 402–3718. III. Regulatory Waivers Granted by the Office of Public and Indian Housing For further information about the following regulatory waivers, please see the name of the contact person that immediately follows the description of the waiver granted. • Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1). Project/Activity: Municipality of San Lorenzo (RQ037). 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: R. Hunter Kurtz, Assistant Secretary for Public and Indian Housing. Date Granted: August 30, 2019. Reason Waived: The HA requested relief from compliance for additional time to submit its financial reporting requirements for the fiscal year end (FYE) of June 30, 2018. The HA is still recovering from damages resulting from Hurricane Maria that were compounded by Hurricane Dorian, which began September 5, 2019. The circumstances preventing the HA from submitting its FYE 2018 audited financial data by the due date was acceptable. Accordingly, the HA has until August 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: Puerto Rico Department of Housing (RQ901). 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: R. Hunter Kurtz, Assistant Secretary for Public and Indian Housing. VerDate Sep<11>2014 16:57 Nov 21, 2019 Jkt 250001 Date Granted: August 30, 2019. Reason Waived: The HA requested relief from compliance for additional time to submit its financial reporting requirements for the fiscal year end (FYE) of June 30, 2018. The HA is still recovering from damages resulting from Hurricane Maria that were compounded by Hurricane Dorian, which began September 5, 2019. The circumstances preventing the HA from submitting its FYE 2018 audited financial data by the due date was acceptable. Accordingly, the HA has until September 30, 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 983.503(a)(3). Project/Activity: Housing Catalyst in Fort Collins, CO, requested a waiver of 24 CFR 983.503(a)(3) to set payment standards specific to its HUD–VASH program for onebedroom and two-bedroom units. Nature of Requirement: The regulation 24 CFR 983.503(a)(3) states that the PHA must establish one payment standard for each unit size in its program. Granted By: R. Hunter Kurtz, Assistant Secretary for Public and Indian Housing. Date Granted: July 19, 2019. Reason Waived: Housing Catalyst has demonstrated that a high percentage of HUD– VASH voucher recipients were unsuccessful in finding a unit due to extremely low vacancy rates, increasing rents, and scarcity of one-bedroom units. The higher payment standards for HUD–VASH participants will help participants find housing in a reasonable timeframe. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW, Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 985.101(a). Project/Activity: Cozad Housing Authority in Dawson, Nebraska, requested a waiver of 24 CFR 985.101(a) for HUD to approve their SEMAP certification submission after the end of the fiscal year. Nature of Requirement: The regulation at 24 CFR 985.101(a) states that the PHA must submit the HUD-required SEMAP certification form within 60 calendar days after the end of the fiscal year. Granted By: R. Hunter Kurtz, Assistant Secretary for Public and Indian Housing. Date Granted: July 23, 2019. Reason Waived: Due to unexpected staffing and system related issues, CHA was not able PO 00000 Frm 00097 Fmt 4703 Sfmt 4703 64549 to submit their SEMAP before the deadline. Approval of this waiver prevents the waste of staff resources and funding needed to complete corrective action plans and conduct site visits at an agency that does not have compliance related issues. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW, Room 4216, Washington, DC 20410, telephone (202) 708–0477. • Regulation: 24 CFR 983.301(f)(2)(ii). Project/Activity: The Housing Authority of the City of Buenaventura (HACSB) in Ventura, California, requested a waiver of 24 CFR 983.301(f)(2)(ii) to establish a sitespecific utility allowance for all project-based voucher units at Westview Village 1. Nature of Requirement: The regulation 24 CFR 983.301(f)(2)(ii) states that the PHA may not establish or apply different utility allowance amounts for the project-based voucher (PBV) program. The same PHA utility allowance schedule applies to both the tenant-based and PBV programs. Granted By: R. Hunter Kurtz, Assistant Secretary for Public and Indian Housing. Date Granted: July 31, 2019. Reason Waived: HACSB has demonstrated that the utility allowance provided under the HCV Program would discourage conservation and ultimately lead to inefficient use of HAP funds at Westview Village I. Contact: Becky Primeaux, Housing Voucher Management and Operations Division, Office of Public Housing and Voucher Programs, Office of Public and Indian Housing, Department of Housing and Urban Development, 451 Seventh Street SW, Room 4216, Washington, DC 20410, telephone (202) 708–0477. [FR Doc. 2019–25390 Filed 11–21–19; 8:45 am] BILLING CODE 4210–67–P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR–6187–N–01] White House Council on Eliminating Regulatory Barriers to Affordable Housing; Request for Information Office of the Assistant Secretary for Policy Development and Research (PD&R), Department of Housing and Urban Development (HUD). ACTION: Request for Information. AGENCY: Consistent with President Trump’s Executive Order 13878, ‘‘Establishing a White House Council on Eliminating Regulatory Barriers to Affordable Housing,’’ dated June 25, 2019, this document informs the public that HUD requests public comment on Federal, State, local, and Tribal laws, regulations, land use requirements, and administrative practices that artificially SUMMARY: E:\FR\FM\22NON1.SGM 22NON1

Agencies

[Federal Register Volume 84, Number 226 (Friday, November 22, 2019)]
[Notices]
[Pages 64545-64549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-25390]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

[Docket No. FR-6164-N-03]


Notice of Regulatory Waiver Requests Granted for the Third 
Quarter of Calendar Year 2019

AGENCY: Office of the General Counsel, HUD.

ACTION: Notice.

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SUMMARY: Section 106 of the Department of Housing and Urban Development 
Reform Act of 1989 (the HUD Reform Act) requires HUD to publish 
quarterly Federal Register notices of all regulatory waivers that HUD 
has approved. Each notice covers the quarterly period since the 
previous Federal Register notice. The purpose of this notice is to 
comply with the requirements of section 106 of the HUD Reform Act. This 
notice contains a list of regulatory waivers granted by HUD during the 
period beginning on July 1, 2019 and ending on September 30, 2019.

FOR FURTHER INFORMATION CONTACT: For general information about this 
notice, contact Aaron Santa Anna, Acting Associate General Counsel for 
Legislation and Regulations, Department of Housing and Urban 
Development, 451 7th Street SW, Room 10282, Washington, DC 20410-0500, 
telephone 202-708-5300 (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 2019.

SUPPLEMENTARY INFORMATION: Section 106 of the HUD Reform Act added a 
new section 7(q) to the Department of Housing and Urban Development Act 
(42 U.S.C. 3535(q)), which provides that:
    1. Any waiver of a regulation must be in writing and must specify 
the grounds for approving the waiver;
    2. Authority to approve a waiver of a regulation may be delegated 
by the Secretary only to an individual of Assistant Secretary or 
equivalent rank, and the person to whom authority to waive is delegated 
must also have authority to issue the particular regulation to be 
waived;
    3. Not less than quarterly, the Secretary must notify the public of 
all waivers of regulations that HUD has approved, by publishing a 
notice in the Federal Register. These notices (each covering the period 
since the most recent previous notification) shall:
    a. Identify the project, activity, or undertaking involved;
    b. Describe the nature of the provision waived and the designation 
of the provision;
    c. Indicate the name and title of the person who granted the waiver 
request;
    d. Describe briefly the grounds for approval of the request; and
    e. State how additional information about a particular waiver may 
be obtained.
    Section 106 of the HUD Reform Act also contains requirements 
applicable to waivers of HUD handbook provisions that are not relevant 
to the purpose of this notice.
    This notice follows procedures provided in HUD's Statement of 
Policy on Waiver of Regulations and Directives issued on April 22, 1991 
(56 FR 16337). In accordance with those procedures and with the 
requirements of section 106 of the HUD Reform Act, waivers of 
regulations are granted by the Assistant Secretary with jurisdiction 
over the regulations for which a waiver was

[[Page 64546]]

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, 2019 through September 30, 2019. 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 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 2019) before the next report is published (the fourth quarter of 
calendar year 2019), 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: November 15, 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, 2019 Through 
September 30, 2019

    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 92.252(d)(1) Utility Allowance 
Requirements.
    Project/Activity: Contra Costa County, California, requested a 
waiver of 24 CFR 92.252(d)(1) to allow use of utility allowance 
established by local public housing agency (PHA) for a HOME-assisted 
project--Antioch Scattered Site.
    Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) 
requires participating jurisdictions to establish maximum monthly 
allowances for utilities and services (excluding telephone) and 
update the allowances annually. However, participating jurisdictions 
are not permitted to use the utility allowance established by the 
local public housing authority for HOME-assisted rental projects.
    Granted By: David C. Woll Jr., Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: July 30, 2019.
    Reason Waived: The HOME requirements for establishing a utility 
allowances conflict with Project Based Voucher program requirements. 
It is not possible to use two different utility allowances to set 
the rent for a single unit and it is administratively burdensome to 
require a project owner to establish and implement different utility 
allowances for HOME-assisted units and non-HOME assisted units in a 
project.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Department of Housing and Urban Development, 451 
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202) 
708-2684.
     Regulation: 24 CFR 92.252(d)(1) Utility Allowance 
Requirements.
    Project/Activity: Oakland County, California, requested a waiver 
of 24 CFR 92.252(d)(1) to allow use of utility allowance established 
by local public housing agency (PHA) for a HOME-assisted project--
3628 San Pablo Avenue.
    Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) 
requires participating jurisdictions to establish maximum monthly 
allowances for utilities and services (excluding telephone) and 
update the allowances annually. However, participating jurisdictions 
are not permitted to use the utility allowance established by the 
local public housing authority for HOME-assisted rental projects for 
which HOME funds were committed.
    Granted By: David C. Woll Jr., Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: August 27, 2019.
    Reason Waived: The HOME requirements for establishing a utility 
allowances conflict with Project Based Voucher program requirements. 
It is not possible to use two different utility allowances to set 
the rent for a single unit and it is administratively burdensome to 
require a project owner to establish and implement different utility 
allowances for HOME-assisted units and non-HOME assisted units in a 
project.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Department of Housing and Urban Development, 451 
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202) 
708-2684.
     Regulation: 24 CFR 92.252(d)(1) Utility Allowance 
Requirements.
    Project/Activity: City of San Buenaventura, California, 
requested a waiver of 24 CFR 92.252(d)(1) to allow use of utility 
allowance established by local public housing agency (PHA) for a 
HOME-assisted project--Westview Village Phase 1.
    Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) 
requires participating jurisdictions to establish maximum monthly 
allowances for utilities and services (excluding telephone) and 
update the allowances annually. However, participating jurisdictions 
are not permitted to use the utility allowance established by the 
local public housing authority for HOME-assisted rental projects.
    Granted By: David C. Woll Jr., Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 10, 2019.
    Reason Waived: The HOME requirements for establishing a utility 
allowances conflict with Project Based Voucher program requirements. 
It is not possible to use two different utility allowances to set 
the rent for a single unit and it is administratively burdensome to 
require a project owner to establish and implement different utility 
allowances for HOME-assisted units and non-HOME assisted units in a 
project.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Department of Housing and Urban Development, 451 
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202) 
708-2684.
     Regulation: 24 CFR 92.252(d)(1) Utility Allowance 
Requirements.
    Project/Activity: City of Santa Rosa, California, requested a 
waiver of 24 CFR 92.252(d)(1) to allow use of utility allowance 
established by local public housing agency (PHA) for a HOME-assisted 
project--Parkwood Apartments.
    Nature of Requirement: The regulation at 24 CFR 92.252(d)(1) 
requires participating jurisdictions to establish maximum monthly 
allowances for utilities and services (excluding telephone) and 
update the allowances annually. However, participating jurisdictions 
are not permitted to use the utility allowance established by the 
local public housing authority for HOME-assisted rental projects.
    Granted By: David C. Woll Jr., Principal Deputy Assistant 
Secretary for Community Planning and Development.
    Date Granted: September 10, 2019.
    Reason Waived: The HOME requirements for establishing a utility 
allowances conflict with Project Based Voucher program requirements. 
It is not possible to use two different utility allowances to set 
the rent for a single unit and it is administratively burdensome to 
require a project owner to

[[Page 64547]]

establish and implement different utility allowances for HOME-
assisted units and non-HOME assisted units in a project.
    Contact: Virginia Sardone, Director, Office of Affordable 
Housing Programs, Department of Housing and Urban Development, 451 
Seventh Street SW, Room 7160, Washington, DC 20410, telephone (202) 
708-2684.
     Regulation: 75 FR 64328, II.B.3.a.
    Project/Activity: The State of West Virginia--Riverview at 
Clendenin Building.
    Nature of Requirement: The Housing and Economic Recovery Act of 
2008 (HERA) requires, to the maximum extent practicable and for the 
longest feasible term, the sale, rental or redevelopment of 
abandoned and foreclosed Neighborhood Stabilization Program (NSP)-
assisted homes and residential properties remain affordable to 
individuals or families whose incomes do not exceed 120 percent of 
area median income. Section II.B.3.a of the NSP Federal Register 
Notice implementing HERA requires grantees to adopt, at a minimum, 
the HOME program standards in 24 CFR part 92 to comply with the 
continued affordability requirement.
    Granted By: David C. Woll, Jr., Principal Assistant Secretary 
for Community Planning and Development.
    Date Granted: April 2, 2019.
    Reason Waived: The Riverview at Clendenin Building was 
redeveloped using NSP funds, historic tax credits and developer 
equity to produce 18 housing units for seniors on the first and 
third floors and a health clinic on the second floor. The project is 
in the 500-year floodplain and was greatly impacted by a 1,000-year 
flood event on June 23, 2016. The first-floor units and building 
mechanicals were destroyed by water and mud that rose up to just 
below the second floor. The State requested the waiver because the 
State determined it was not feasible to continue to use the first 
floor for housing. The waiver allows the State of West Virginia to 
redevelop the first floor of the building for non-residential uses 
while returning the second and third floors to their intended uses. 
The state will explore options for developing replacement housing 
units at a different site to replace the lost first-floor units.
    Contact: Steve Johnson, Director, Entitlement Communities 
Division, Community Planning and Development, U.S. Department of 
Housing and Urban Development, 451 Seventh Street SW, Room 7282, 
Washington, DC 20410, telephone (202) 402-4548.
     Regulation: 24 CFR 570.207(b)(4).
    Project/Activity: Extension of waiver for emergency grant 
payments for Santa Barbara County, CA.
    Nature of Requirement: The regulations at 24 CFR 570.207(b)(4) 
prohibit the use of CDBG funds for income payments except in the 
case of emergency grant payments made for up to three consecutive 
months to a service provider, respectively.
    Granted By: David C. Woll, Jr., Principal Assistant Secretary 
for Community Planning and Development.
    Date Granted: September 9, 2019.
    Reason Waived: The Santa Barbara County wildfires and subsequent 
mudslides caused substantial damage to neighborhoods throughout the 
county. A Presidentially declared disaster declaration (FEMA-4353-
DR) was issued on October 10, 2017. The county requested an 
extension of its August 20, 2018, waiver of the limitation on 
emergency grant payments to facilitate recovery and assist 
individuals and families affected by the disaster. The waiver 
extends emergency grant payments to individuals for up to six 
consecutive months. The waiver granted will allow the county to 
expedite recovery efforts for low and moderate income residents 
affected by the wildfires and subsequent mudslides; pay for 
additional support services for affected individuals and families, 
including, but not limited to, food, health, employment, and case 
management services to help county residents impacted by the fires 
and enable the county to pay for the basic daily needs of 
individuals and families affected by the fires on an interim basis.
    Contact: Steve Johnson, Director, Entitlement Communities 
Division, Department of Housing and Urban Development, 451 Seventh 
Street SW, Room 7282, Washington, DC 20410, telephone (202) 402-
4548.
     Regulation: 24 CFR 91.105(c)(2) and (k).
    Project/Activity: San Bernardino County, CA.
    Nature of Requirement: 24 CFR 91.105(c)(2) requires the citizen 
participation plan to provide residents with reasonable notice and 
an opportunity to comment on substantial amendments to the 
consolidated plan. The citizen participation plan must state how 
reasonable notice and an opportunity to comment will be given and 
require a 30-day public comment period prior to the implementation 
of a substantial amendment. 24 CFR 91.105(k) requires the grantee to 
follow its citizen participation plan.
    Granted By: David C. Woll, Jr., Principal Assistant Secretary 
for Community Planning and Development.
    Date Granted: September 10, 2019.
    Reason Waived: San Bernardino County earthquakes and subsequent 
aftershocks caused substantial damage to Trona, an unincorporated 
community located in San Bernardino County. An Emergency Management 
declaration (FEMA-3415-EM) was issued on July 8, 2019. The waiver 
reduces the public comment period from thirty to seven days and 
allows the county of San Bernardino to determine what constitutes 
reasonable notice to comment on the proposed amendments to its 
Consolidated Plan. These waived CDBG requirements allow the county 
to expedite recovery efforts for low- and moderate-income residents 
affected by the earthquakes and aftershocks.
    Contact: Steve Johnson, Director, Entitlement Communities 
Division, Department of Housing and Urban Development, 451 Seventh 
Street SW, Room 7282, Washington, DC 20410, telephone (202) 402-
4548.
     Regulation: 24 CFR 91.105(c)(2) requires the citizen 
participation plan to provide residents with reasonable notice and 
an opportunity to comment on substantial amendments to the 
consolidated plan. The citizen participation plan must state how 
reasonable notice and an opportunity to comment will be given and 
require a 30-day public comment period prior to the implementation 
of a substantial amendment. 24 CFR 91.105(k) requires the grantee to 
follow its citizen participation plan.
    Project/Activity: City and County of Honolulu.
    Nature of Requirement: 24 CFR 91.105(c)(2) and (k) require a 30-
day public comment period.
    Granted By: David C. Woll, Jr., Principal Assistant Secretary 
for Community Planning and Development.
    Date Granted: September 13, 2019.
    Reason Waived: The Honolulu floods caused substantial damage to 
neighborhoods throughout the island of Oahu. A Presidentially 
declared disaster declaration (FEMA-4365-DR) was issued on May 8, 
2018. The city and county requested a waiver for the CDBG public 
comment period from thirty to five days to expedite recovery and 
assist individuals and families affected by the disaster.
    Contact: Steve Johnson, Director, Entitlement Communities 
Division, Department of Housing and Urban Development, 451 Seventh 
Street SW, Room 7282, Washington, DC 20410, telephone (202) 402-
4548.

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 219.220(b).
    Project/Activity: Gloria Dei Manor/Augustana Lutheran Homes, FHA 
Project Number 092-SH128, Litchfield, MN. Augustana Lutheran Homes, 
Incorporated (Owner) seeks approval to defer repayment of the 
Flexible Subsidy Operating Assistance Loan on the subject project.
    Nature of Requirement: The regulation at 24 CFR 219.220(b) 
(1995), which governs the repayment of operating assistance provided 
under the Flexible Subsidy Program for Troubled Properties, states 
``Assistance that has been paid to a project owner under this 
subpart must be repaid at the earlier of the expiration of the term 
of the mortgage, termination of mortgage insurance, prepayment of 
the mortgage, or a sale of the project.''
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing-Federal Housing Commissioner.
    Date Granted: August 8, 2019.
    Reason Waived: The Owner requested and was granted waiver of the 
requirement to repay the Flexible Subsidy Operating Assistance Loan 
in full when it became due. Deferring the loan payment will preserve 
the affordable housing resource for an additional 30 years through 
the execution and recordation of a Rental Use Agreement.
    Contact: Nathaniel Johnson, Senior Account Executive, Department 
of Housing and Urban Development, 451 Seventh Street SW, Washington, 
DC 20410, telephone (202) 402-5156.
     Regulation: 24 CFR 219.220(b).

[[Page 64548]]

    Project/Activity: Memorial Apartments, FHA Project Number 052-
35724, Baltimore, MD. Memorial Development Partners, Limited 
Partnership (Owner) seeks approval to defer repayment of the 
Flexible Subsidy Operating Assistance Loan on the subject project.
    Nature of Requirement: The regulation at 24 CFR 219.220(b) 
(1995), which governs the repayment of operating assistance provided 
under the Flexible Subsidy Program for Troubled Properties, states 
``Assistance that has been paid to a project owner under this 
subpart must be repaid at the earlier of the expiration of the term 
of the mortgage, termination of mortgage insurance, prepayment of 
the mortgage, or a sale of the project.''
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: September 3, 2019.
    Reason Waived: The Owner requested and was granted waiver of the 
requirement to repay the Flexible Subsidy Operating Assistance Loan 
in full when it became due. Deferring the loan payment will preserve 
the affordable housing resource for an additional 40 years through 
the execution and recordation of a Rental Use Agreement.
    Contact: Cindy Bridges, Senior Account Executive, Department of 
Housing and Urban Development, 451 Seventh Street SW, Washington, DC 
20410-8000, telephone (202) 402-2603.
     Regulation: 24 CFR 219.220(b)(1995).
    Project/Activity: Presbyterian Apartments, FHA Project Number 
034-SH006, Harrisburg, PA. The owner request to defer repayment of 
the Flexible Subsidy loan on the subject project.
    Nature of Requirement: The regulation at 24 CFR 
219.220(b)(1995), which governs the repayment operating assistance 
provided under the Flexible Subsidy Program for Troubled Projects, 
states ``Assistance that has been paid to a project owner under this 
subpart must be repaid at the earlier of expiration of the term of 
the mortgage, termination of mortgage insurance, prepayment of the 
mortgage, or a sale of the project.''
    Granted By: Brian Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 8, 2019.
    Reason Waived: Pursuant to the authority contained in 24 CFR 
5.110, good cause has been shown that it is in the public's best 
interest to grant this waiver.
    Contact: Mirline Labissiere, Transaction Manager, Department of 
Housing and Urban Development, 451 Seventh Street SW, Washington, DC 
20410, telephone (202) 402-6207.
     Regulation: 24 CFR 219.220(b)(1995).
    Project/Activity: Jefferson Towers Apartments, FHA Number: 047-
SH018, Muskegon, Michigan. The owner request to defer repayment of 
the Flexible Subsidy loan on the subject project.
    Nature of Requirement: The regulation at 24 CFR 
219.220(b)(1995), which governs the repayment operating assistance 
provided under the Flexible Subsidy Program for Troubled Projects, 
states ``Assistance that has been paid to a project owner under this 
subpart must be repaid at the earlier of expiration of the term of 
the mortgage, termination of mortgage insurance, prepayment of the 
mortgage, or a sale of the project.''
    Granted By: Brian Montgomery, Assistant Secretary for Housing-
Federal Housing Commissioner.
    Date Granted: August 8, 2019.
    Reason Waived: Pursuant to the authority contained in 24 CFR 
5.110, good cause has been shown that it is in the public's best 
interest to grant this waiver.
    Contact: Mirline Labissiere, Transaction Manager, Department of 
Housing and Urban Development, 451 Seventh Street SW, Washington, DC 
20410, telephone (202) 402-6207.
     Regulation: 24 CFR 232.7.
    Project/Activity: Oak Hills Terrace, FHA #113-22278, is an 
Assisted Living/Memory Care facility. The facility does not meet the 
requirements of 24 CFR 232.7 ``Bathroom'' of FHA's regulations. The 
project location is Tyler, TX.
    Nature of Requirement: The regulation at 24 CFR 232.7 mandates 
in a board and care home or assisted living facility that not less 
than one full bathroom must be provided for every four residents. 
Also, the bathroom cannot be accessed from a public corridor or 
area.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: August 9, 2019.
    Reason Waived: The project currently has a resident to shower 
ratio of 7:1. The memory care residents require assistance with 
bathing. These residents are housed in units in a secure, lock-down 
area, with a half-bathroom each and access to the shower rooms 
through a hallway. The project meets the State of Texas's licensing 
requirements for bathing and toileting facilities.
    Contact: Nicole M. Johnson, Operations, Office of Healthcare 
Programs, Office of Housing, Department of Housing and Urban 
Development, 1670 Broadway, 23rd Floor, Denver, CO 80202, telephone 
(303) 672-5401.
     Regulation: 24 CFR 232.7.
    Project/Activity: The Retreat and Retreat Gardens, FHA #116-
22026, is an Assisted Living/Memory Care facility. The facility does 
not meet the requirements of 24 CFR 232.7 ``Bathroom'' of FHA's 
regulations. The project location is Rio Rancho, New Mexico.
    Nature of Requirement: The regulation at 24 CFR 232.7 mandates 
in a board and care home or assisted living facility that not less 
than one full bathroom must be provided for every four residents. 
Also, the bathroom cannot be accessed from a public corridor or 
area.
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: August 9, 2019.
    Reason Waived: The project currently has a resident to shower 
ratio of 5:1. The memory care residents require assistance with 
bathing. These residents are housed in units in a secure, lock-down 
area, with a half-bathroom each and access to the shower rooms 
through a hallway. The project meets the State of New Mexico's 
licensing requirements for bathing and toileting facilities.
    Contact: Nicole M. Johnson, Operations, Office of Healthcare 
Programs, Office of Housing, Department of Housing and Urban 
Development, 1670 Broadway, 23rd Floor, Denver, CO 80202, telephone 
(303) 672-5401.
     Regulation: 24 CFR 266.410(e).
    Project/Activity: Colorado Housing and Finance Agency (CHFA), 
Denver, Colorado, no project number. The Agency have requested 
approval of a one-year extension of the waiver through July 31, 
2020.
    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 CHFA 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: July 12, 2019.
    Reason Waived: The extension would provide the CHFA additional 
time to process the financial transactions. CHFA would offer Balloon 
Loans which have become a standard product in the affordable housing 
industry. Granting this request will reduce Colorado Housing and 
Finance Agency's cost of capital, which should translate into lower 
rates for their borrowers, and will support their preservation 
efforts.
    Contact: Patricia M. Burke, Director, Office of Multifamily 
Production, HTD, Department of Housing and Urban Development, 451 
Seventh Street SW, Washington, DC 20410-8000, telephone (202) 402-
5693.
     Regulation: 24 CFR 891.805.
    Project/Activity: Forest Towers-Metro, FHA Number 075-EH051, and 
Meadows Apartments, FHA Number 075-EH354, Milwaukee, Wisconsin. The 
Steele Lakeshore, Limited Partnership (Proposed Owner) seeks 
approval of the single-asset entity requirement that will allow the 
projects to participate in Low-Income Housing Tax Credits (LIHTC) 
granted by the Wisconsin Housing and Economic Development Authority. 
The projects will be substantially rehabilitated and combined for 
financing purposes as a single property.
    Nature of Requirement: The regulation at 24 CFR 891.805, Subpart 
F ``For-Profit Limited Partnerships and Mixed-Finance Development 
for Supportive Housing for the Elderly or Persons with 
Disabilities.'' Specifically, that provision, 24 CFR 891.805 
``Definitions,'' which defines the term ``Mixed-finance owner'' as 
``. . . a single-asset, for-profit limited partnership of which a 
private nonprofit organization is the sole general partner.''
    Granted By: Brian D. Montgomery, Assistant Secretary for 
Housing--Federal Housing Commissioner.
    Date Granted: August 27, 2019.
    Reason Waived: The Owner requested and was granted waiver of the 
single-asset entity

[[Page 64549]]

requirement at 24 CFR 891.805 to allow the projects to be owned by a 
single for-profit Limited Partnership to facilitate tax credit 
financing. Granting this waiver allows the projects to participate 
in LIHTC financing and meet the Department's criteria with respect 
to the refinancing and rehabilitation.
    Contact: Crystal Martinez, Senior Account Executive, Department 
of Housing and Urban Development, 451 Seventh Street SW, Washington, 
DC 20410-8000, telephone (202) 402-3718.

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

    For further information about the following regulatory waivers, 
please see the name of the contact person that immediately follows 
the description of the waiver granted.
     Regulation: 24 CFR 5.801(c) and 24 CFR 5.801(d)(1).
    Project/Activity: Municipality of San Lorenzo (RQ037).
    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: R. Hunter Kurtz, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: August 30, 2019.
    Reason Waived: The HA requested relief from compliance for 
additional time to submit its financial reporting requirements for 
the fiscal year end (FYE) of June 30, 2018. The HA is still 
recovering from damages resulting from Hurricane Maria that were 
compounded by Hurricane Dorian, which began September 5, 2019. The 
circumstances preventing the HA from submitting its FYE 2018 audited 
financial data by the due date was acceptable. Accordingly, the HA 
has until August 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 
[email protected] 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: Puerto Rico Department of Housing (RQ901).
    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: R. Hunter Kurtz, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: August 30, 2019.
    Reason Waived: The HA requested relief from compliance for 
additional time to submit its financial reporting requirements for 
the fiscal year end (FYE) of June 30, 2018. The HA is still 
recovering from damages resulting from Hurricane Maria that were 
compounded by Hurricane Dorian, which began September 5, 2019. The 
circumstances preventing the HA from submitting its FYE 2018 audited 
financial data by the due date was acceptable. Accordingly, the HA 
has until September 30, 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 
[email protected] 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 983.503(a)(3).
    Project/Activity: Housing Catalyst in Fort Collins, CO, 
requested a waiver of 24 CFR 983.503(a)(3) to set payment standards 
specific to its HUD-VASH program for one-bedroom and two-bedroom 
units.
    Nature of Requirement: The regulation 24 CFR 983.503(a)(3) 
states that the PHA must establish one payment standard for each 
unit size in its program.
    Granted By: R. Hunter Kurtz, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: July 19, 2019.
    Reason Waived: Housing Catalyst has demonstrated that a high 
percentage of HUD-VASH voucher recipients were unsuccessful in 
finding a unit due to extremely low vacancy rates, increasing rents, 
and scarcity of one-bedroom units. The higher payment standards for 
HUD-VASH participants will help participants find housing in a 
reasonable timeframe.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 985.101(a).
    Project/Activity: Cozad Housing Authority in Dawson, Nebraska, 
requested a waiver of 24 CFR 985.101(a) for HUD to approve their 
SEMAP certification submission after the end of the fiscal year.
    Nature of Requirement: The regulation at 24 CFR 985.101(a) 
states that the PHA must submit the HUD-required SEMAP certification 
form within 60 calendar days after the end of the fiscal year.
    Granted By: R. Hunter Kurtz, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: July 23, 2019.
    Reason Waived: Due to unexpected staffing and system related 
issues, CHA was not able to submit their SEMAP before the deadline. 
Approval of this waiver prevents the waste of staff resources and 
funding needed to complete corrective action plans and conduct site 
visits at an agency that does not have compliance related issues.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.
     Regulation: 24 CFR 983.301(f)(2)(ii).
    Project/Activity: The Housing Authority of the City of 
Buenaventura (HACSB) in Ventura, California, requested a waiver of 
24 CFR 983.301(f)(2)(ii) to establish a site-specific utility 
allowance for all project-based voucher units at Westview Village 1.
    Nature of Requirement: The regulation 24 CFR 983.301(f)(2)(ii) 
states that the PHA may not establish or apply different utility 
allowance amounts for the project-based voucher (PBV) program. The 
same PHA utility allowance schedule applies to both the tenant-based 
and PBV programs.
    Granted By: R. Hunter Kurtz, Assistant Secretary for Public and 
Indian Housing.
    Date Granted: July 31, 2019.
    Reason Waived: HACSB has demonstrated that the utility allowance 
provided under the HCV Program would discourage conservation and 
ultimately lead to inefficient use of HAP funds at Westview Village 
I.
    Contact: Becky Primeaux, Housing Voucher Management and 
Operations Division, Office of Public Housing and Voucher Programs, 
Office of Public and Indian Housing, Department of Housing and Urban 
Development, 451 Seventh Street SW, Room 4216, Washington, DC 20410, 
telephone (202) 708-0477.

[FR Doc. 2019-25390 Filed 11-21-19; 8:45 am]
 BILLING CODE 4210-67-P