Federal Register: December 12, 2008 (Volume 73, Number 240)

DOCID: fr12de08-99 FR Doc E8-29308

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Housing and Urban Development Department

Docket ID: [Docket No. FR-5217-N-03]

NOTICE: NOTICES

DOCID: fr12de08-99

DOCUMENT ACTION: Notice.

SUBJECT CATEGORY:

Notice of Regulatory Waiver Requests Granted for the Third Quarter of Calendar Year 2008

DOCUMENT 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, 2008, and ending on September 30, 2008.

SUMMARY:

Regulatory Waiver Requests Granted for the Third Quarter (Calendar Year 2008),

SUPPLEMENTAL INFORMATION

Section 106 of the HUD Reform Act added a new section 7(q) to the Department of Housing and Urban Development Act (42 U.S.C. 3535(q)), which provides that:

1. Any waiver of a regulation must be in writing and must specify the grounds for approving the waiver;

2. Authority to approve a waiver of a regulation may be delegated by the Secretary only to an individual of Assistant Secretary or equivalent rank, and the person to whom authority to waive is delegated must also have authority to issue the particular regulation to be waived;

3. Not less than quarterly, the Secretary must notify the public of all waivers of regulations that HUD has approved, by publishing a notice in the Federal Register. These notices (each covering the period since the most recent previous notification) shall:

a. Identify the project, activity, or undertaking involved;

b. Describe the nature of the provision waived and the designation of the provision;

c. Indicate the name and title of the person who granted the waiver request;

d. Describe briefly the grounds for approval of the request; and

e. State how additional information about a particular waiver may be obtained.

Section 106 of the HUD Reform Act also contains requirements applicable to waivers of HUD handbook provisions that are not relevant to the purpose of this notice.

This notice follows procedures provided in HUD's Statement of Policy on Waiver of Regulations and Directives issued on April 22, 1991 (56 FR 16337). In accordance with those procedures and with the requirements of section 106 of the HUD Reform Act, waivers of regulations are granted by the Assistant Secretary with jurisdiction over the regulations for which a waiver was requested. In those cases in which a General Deputy Assistant Secretary granted the waiver, the General Deputy Assistant Secretary was serving in the absence of the Assistant Secretary in accordance with the office's Order of Succession.

This notice covers waivers of regulations granted by HUD from July 1, 2008, through September 30, 2008. 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 earliestdated regulatory waiver.

Should HUD receive additional information about waivers granted during the period covered by this report (the third quarter of calendar year 2008) before the next report is published (the fourth quarter of calendar year 2008), 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.
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Dated: December 3, 2008.
Michael C. Flynn,
Acting General Counsel.
Appendix
Listing of Waivers of Regulatory Requirements Granted by Offices of the Department of Housing and Urban Development July 1, 2008 Through September 30, 2008

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 51.202(a).

    Project/Activity: Mississippi Development Authority requested a wavier of the regulation 24 CFR part 51, subpart C, for the Small Rental Property Assistance Program and the Long Term Workforce Housing Program. These programs provide Community Development Block Grant disaster assistance for projects located in Hancock, Harrison, Jackson, and Pearl River counties in the Gulf Coast region in Mississippi.

    Nature of Requirement: HUD's regulations in 24 CFR part 51, subpart C, specifically at Sec. 51.202(a) do not allow approval of an application for assistance for a proposed project located at less than the acceptable separation distance from a hazard, as defined in Sec. 51.201, unless appropriate mitigating measures, as defined in Sec. 51.205 are implemented, or unless mitigating measures are already in place. The purpose of this regulation is to establish safety standards which can be used as a basis for calculating acceptable separation distance for HUDassisted projects from specific, stationary, hazardous operations which store, handle, or process hazardous substances.

    Granted By: Susan D. Peppler, Assistant Secretary for Community Planning and Development

    Date Granted: August 27, 2008.

    Reason Waived: Mississippi Development Authority advised HUD that of the 1,200 applicants for the Small Rental Property Assistance Program (SRAP), about 750 applications would require mitigation of one or more adjacent residential propane tanks because the HUD assisted project is located at less than the acceptable separation distance pursuant to HUD's regulations at 24 CFR part 51, subpart C. MDA estimated that there are approximately 10,357 aboveground storage tanks along the Gulf Coast. The majority of residential propane tanks were 250 gallons; however, there were instances where the residential propane tank was greater than 250 gallons. The acceptable separation distance (for blast overpressure) for a 250 gallon tank of propane is 135 feet.

    Mitigation measures included constructing a barrier to surround the tank or building a structure on the HUD property site to shield the proposed project from the hazard. The residential propane tanks that impact the HUD assisted project are located offsite on adjacent properties. In the Mississippi Gulf Coast, generally the residential propane tanks are leased from the propane distributor and the tanks are aboveground (not buried). The average SRAP grant is $30,000. For these reasons, mitigating residential propane tanks on adjacent properties is not practical or economically feasible.

    The National Fire Protection Association (NFPA), through its development of codes and standards, is an authoritative source on public safety regarding fire and other hazards. Its mission is to reduce the burdens of fire and hazards by providing consensus codes and standards, research, training and education. As an authoritative source on public safety, NFPA developed NFPA Code 58 that established codes and standards used by the propane industry and operators regarding storage and handling of liquefied petroleum gases (LPG). NFPA Code 58 is intended to provide the industry with a framework of operational information and standards that, if followed, will minimize the probability of risk and accidents. Most states, including Mississippi, have adopted and integrated the NFPA Code 58 into their state and local codes for LPG operations. A recent study by NFPA on natural gas and LP gas home structure fires confirms that one of the reasons why LPgas home structure fires have fallen 83% nationally is due to increased awareness from following NFPA Code 58 Section 22.1.4 specifically. It is the responsibility of the container's owner to follow NFPA Code 58 to see that proper maintenance and requalification is accomplished on liquid petroleum gas containers, in order to minimize the probability of accidents and risks to human populations and structures.

    It is also the responsibility of the propane marketer to follow NFPA Code 58 and verify that a container is fit for service before filling it. NFPA Code 58 requires that containers be designed, fabricated, tested and marked (or stamped) in accordance with the Regulations of the U.S. Department of Transportation (DOT), the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, ``Rules for the Construction of Unfired Pressure Vessels'', Section VIII, or the American Petroleum Institute (API)ASME Code for Unfired Vessels for Petroleum Liquids and Gases applicable at the date of manufacture of the container.

    The waiver was granted based on the following findings: the Small Rental Property Assistance Program and Long Term Workforce Housing Program will further the objective of providing much needed housing units in established residential communities affected by hurricane Katrina; there are significant economic and practical difficulties in mitigating the offsite residential propane tanks located on adjacent properties; the particular facts in Mississippi as described above suggest that any danger to HUD sites is minimal; and a site visit conducted by HUD staff verified the facts and examined a sample of the proposed sites also suggested any danger to HUD sites is minimal.

    This waiver does not apply to proposed HUDassisted propane containers of volume capacities higher than 250 gallons and applicants for HUD funding assistance for such projects are required to be in compliance with the requirements of 24 CFR part 51, subpart C. The waiver was granted for residential propane tanks of 250 gallons or less located offsite on adjacent properties, provided that these residential propane tanks are designed, fabricated, tested and marked (or stamped) in accordance with the regulations of the U.S. Department of Transportation (DOT), the American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel Code, ``Rules for the Construction of Unfired Pressure Vessels,'' Section VIII, or the American Petroleum Institute (API)ASME Code for Unfired Vessels for Petroleum Liquids and Gases applicable at the date of manufacture of the container. This waiver does not
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    apply to containers that are required to be removed from service because they have passed their useful life due to corrosion, mechanical damage, or lack of a nameplate.

    Contact: Danielle Schopp, Office of Environment and Energy, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street, SW., Room 7250, Washington, DC 204107000, telephone number 2024024442.

  • Regulation: 24 CFR 58.22(a)

    Project/Activity: Catholic Community Services of Utah submitted an application for building rehabilitation, operating costs and supportive services for St. Mary's/Marillac House in Salt Lake City, Utah. The project provides 70 treatment beds, office and treatment spaces to accommodate clients and 47 staff members and site improvements, including outdoor playground areas. Catholic Community Services committed nonfederal funds by executing a construction contract, an action that limits the choice of reasonable alternatives, before receiving an approved Request for Release of Funds.

    Nature of Requirement: HUD's regulation at 24 CFR 58.22(a) requires that an environmental review be performed and a request for release of funds be completed and certified prior to the commitment of nonHUD funds to a project using HUD funds.

    Granted By: Susan D. Peppler, Assistant Secretary for Community Planning and Development.

    Date Granted: August 1, 2008.

    Reason Waived: The waiver was granted based on the following findings: the project furthered the objective of providing much needed housing for homeless individuals and families; no HUD funds were committed, and an environmental assessment and several site visits by HUD staff concluded that the granting of the waiver would not result in any adverse environmental impact.

    Contact: Danielle Schopp, Office of Environment and Energy, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street, SW., Room 7250, Washington, DC 204107000, telephone number 2024024442.

  • Regulation: 24 CFR 91.115(c)(2).

    Project/Activity: The State of Iowa to waive 24 CFR 91.115(c)(2).

    Nature of Requirement: The provisions of 24 CFR 91.115(c)(2) require that a minimum of 30 days be allowed for public comment following a substantial amendment to the Consolidated Plan.

    Granted By: Susan D. Peppler, Assistant Secretary for Community Planning and Development.

    Date Granted: August 22, 2008.

    Reason Waived: A reduced public comment period allowed the State to implement the amendment to the 2008 Method of Distribution (MOD) and annual action plan expeditiously and enabled the State to provide assistance to affected units of general local governments for disaster recovery in a timely manner. The State's proposed amendment to reallocate recaptured funds or uncommitted funds for their current program year will provide the State with additional flexibility to address urgent needs in the transition period until supplemental funding becomes available.

    Contact: Diane Lobasso, Director, State and Small Cities Division, Office of Block Grant Assistance, Office of Community Planning and Development, Department of Housing and Urban Development, Room 7184, 451 7th Street, SW., Washington, DC 204107000, telephone number 202 7081322.

  • Regulation: 24 CFR 91.115(i).

    Project/Activity: The State of Iowa Community Development Block Grant Program.

    Nature of Requirement: Section 91.115(i) of HUD's regulations in 24 CFR part 91 requires the State to follow its citizen participation plan.

    Granted By: Susan D. Peppler, Assistant Secretary for Community Planning and Development.

    Date Granted: August 28, 2008.

    Reason Waived: This waiver, in conjunction with the waiver of 24 CFR 91.115(c)(2), allowed the State of Iowa to amend its action plan to reallocate recaptured funds or uncommitted funds for the current program year and provided the State with additional flexibility to address urgent needs in the transition period until supplemental funding becomes available.

    Contact: Diane Lobasso, Director, State and Small Cities Division, Office of Block Grant Assistance, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street, SW., Room 7184, Washington, DC 204107000, telephone number 2024022191.

  • Regulation: 24 CFR 91.325(b)(4)(ii).

    Project/Activity: The State of Iowa's Community Development Block Grant Program.

    Nature of Requirement: Section 91.325(b)(4)(ii) of HUD's regulations in 24 CFR part 91 requires a certification that the State has complied with the criterion that the aggregate use of CDBG funds, including Section 108 guaranteed loans, during a period specified by the State, consisting of one, two, or three specific consecutive program years, shall principally benefit low and moderate income families in a manner that ensures that at least 70 percent of the amount is expended for activities that benefit such persons during the designated period.

    Granted By: Susan D. Peppler, Assistant Secretary for Community Planning and Development.

    Date Granted: August 28, 2008.

    Reason Waived: This waiver allowed the State of Iowa to change its certification of compliance with this requirement retroactively, if the State so chooses, to a threeyear period. This waiver also allowed the state to effectively ``frontload'' the overall 70% calculation which, in turn, allowed the state to use a higher percentage of funds for activities that meet the urgent need or slum/blight national objectives in year one. Nonetheless, HUD encouraged the State to maximize the amount of funding for activities that benefit low and moderateincome persons.

    Contact: Diane Lobasso, Director, State and Small Cities Division, Office of Block Grant Assistance, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street, SW., Room 7184, Washington, DC 204107000, telephone number 2024022191.

  • Regulations: 24 CFR 92.300(a)(1).

    Project/Activity: The State of Washington requested a waiver of the HOME final rule to allow it to provide HOME CHDO (community housing development organization) setaside funds to a limited liability company (LLC) that has a qualified CHDO as its sole managing partner in order to purchase and renovate affordable rental housing in downtown Spokane.

    Nature of Requirement: The HOME regulations at 24 CFR 92.300(a)(1) permits a participating jurisdiction to award CHDO setaside funds to limited partnerships that include a qualified CHDO as the managing partner. LLCs are not an allowable form of CHDO project ownership in the HOME Regulation.

    Granted by: Nelson R. Bregon, General Deputy Assistant Secretary for Community Planning and Development.

    Date Granted: September 2, 2008.

    Reasons Waived: Spokane Housing Ventures (SHV) is a local nonprofit organization that is designated as a CHDO by the City. The waiver was granted so that SHV could purchase and renovate the Bel Franklin Apartments in downtown Spokane; the financing is to include HOME CHDO setaside funds and LowIncome Housing Tax Credits
    [[Page 75741]]
    (LIHTC). To facilitate the LIHTC financing, SHV formed the Bel Franklin Apartments LLC (LLC); SHV is the sole member of the LLC with 100 percent ownership of the project. The City wished to provide HOME CHDO setaside funds to the LLC. LLCs are not an allowable form of CHDO project ownership in the HOME regulation. The PJ, the CHDO and the LLC agreed that SHV is to be the sole managing member of the Bel Franklin Apartments LLC when the tax credit investors are brought into the transaction and will have effective project control over its operation. Ownership is to revert to SHV at the end of the 15year tax compliance period. SHV also is to serve as the project developer and property manager. Both SHV and the LLC are bound by the provisions of the HOME regulations and the partnership operating agreement.

    Contact: Virginia Sardone, Deputy Director, Office of Affordable Housing Programs, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street SW., Room 7154, Washington, DC 204107000, telephone number 2027082470.

  • Regulation: 24 CFR 570.208(a)(3).

    Project/Activity: Orange County, California.

    Nature of Requirement: Section 570.208(a)(3) of HUD's regulations in 24 CFR part 570 provide that in order to meet the criteria for the national objective of low and moderateincome housing activities, two or more rental buildings, under common ownership and management and on the same or contiguous properties, may be treated as a single structure.

    Granted By: Susan D. Peppler, Assistant Secretary for Community Planning and Development.

    Date Granted: September 22, 2008.

    Reason Waived: The Aliso Meadows Condominium complex is comprised of 248 units in 62 buildings. These units are occupied by a combination of owners and renters. The regulation only addresses rental buildings. The waiver was granted because this complex is primarily occupied by low and moderateincome households and the complex is one of the few affordable housing developments in the city of Laguna Hills, a participant in the Orange County CDBG program. Also, without CDBG assistance this complex would become a blighting influence in the community.

    Contact: Mr. Steve Johnson, Director, Entitlement Communities Division, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street, SW., Room 7282, Washington, DC 204107000, telephone number 2024024548.

  • Regulation: 24 CFR 570.308(a).

    Project/Activity: The city of Hammonton, NJ, elected to accept its status as an entitlement community and desired a joint agreement with Atlantic County, NJ to plan and implement a joint housing and community development program.

    Nature of Requirement: Communities that have been designated as a metropolitan city by OMB may accept or decline their status. A city or town such as Hammonton that accepts its status may enter into a joint agreement with an urban county, but it may only do so when the county is seeking a threeyear requalification as an urban county. Atlantic County is currently entering into its third year of qualification for FYs 20072009 and will requalify as an urban county in 2009 for FYs 20102012.

    Granted By: Susan D. Peppler, Assistant Secretary for Community Planning and Development.

    Date Granted: September 25, 2008.

    Reason Waived: Hammonton is only allowed by regulation to spend $30,000 on administrative expenses, which is insufficient to begin and administer a separate CDBG program. In addition, Hammonton does not have the available resources to prepare the CDBG application and reporting documentation, such as the citizen participation plan, Consolidated Plan/Action Plan, fair housing analysis, and Consolidated Annual Performance and Evaluation Report. Finally, Hammonton staff does not have the skills to conduct transaction in HUD's Integrated Disbursement and Information System, which is necessary for successful CDBG program administration. Atlantic County is willing to provide Hammonton with administrative services and fully supports Hammonton's request for a waiver of 24 CFR 570.308(a).

    Contact: Gloria Coates, Entitlement Communities Division, Office of Block Grant Assistance, Office of Community and Planning Development, 451 7th Street, SW., Room 7282, Washington, DC 204107000, telephone number 2027081577.

  • Regulation: 24 CFR 570.483(b)(4)(iv)(A)(1).

    Project/Activity: The State of Iowa's Community Development Block Grant Program.

    Nature of Requirement: Section 570.483(b)(4)(iv)(A)(1) of HUD's regulations in 24 CFR part 570 requires that for the purpose of determining whether a job is held by or made available to a low or moderate income person, the person may be presumed to be a low or moderate income person if he/she resides within a census tract (or block numbering area) or meets other criteria as mentioned in the regulation.

    Granted By: Susan D. Peppler, Assistant Secretary for Community and Planning Development.

    Date Granted: August 28, 2008.

    Reason Waived: This waiver was granted and modified the criteria for locations in which a person may be presumed to be low or moderate income. The impact of the disaster on the State's economy (and on individual businesses) was so severe that, absent substantial evidence to the contrary, the State was reasonable in presuming that jobs would actually be lost from businesses that have been put out of operation or whose continued operation is endangered. The Housing and Community Development Act describes certain situations in which jobs may be presumed to principally benefit low and moderateincome persons. The degree of socioeconomic and physical distress that exists in many Iowa communities was functionally equivalent to the degree of distress recognized by the statutory criteria allowing such presumptions.

    Contact: Diane Lobasso, Director, State and Small Cities Division, Office of Block Grant Assistance, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street, SW., Room 7184, Washington, DC 204107000, telephone number 2024022191.

  • Regulation: 24 CFR 570.483(b)(4)(v).

    Project/Activity: The State of Iowa's Community Development Block Grant Program.

    Nature of Requirement: Section 570.483(b)(4)(v) of HUD's regulations provides that a census tract (or block numbering area) qualifies for certain presumptions under paragraphs (b)(4)(iv)(A)(1) and (B) of the regulations if it is either part of a Federally designated Empowerment Zone or Enterprise Community or meets other criteria.

    Granted By: Susan D. Peppler, Assistant Secretary for Community Planning and Development.

    Date Granted: August 28, 2008.

    Reason Waived: This waiver was granted and modified the criteria for locations in which a person may be presumed to be low or moderate income. The impact of the disaster on the State's economy (and on individual
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    businesses) was so severe that, absent substantial evidence to the contrary, the State was reasonable in presuming that jobs would actually be lost from businesses that have been put out of operation or whose continued operation is endangered. The Housing and Community Development Act describes certain situations in which jobs may be presumed to principally benefit low and moderateincome persons. The degree of socioeconomic and physical distress that exists in many Iowa communities was functionally equivalent to the degree of distress recognized by the statutory criteria allowing such presumptions.

    Contact: Diane Lobasso, Director, State and Small Cities Division, Office of Block Grant Assistance, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street, SW., Room 7184, Washington, DC 204107000, telephone number 2024022191.

  • Regulation: 24 CFR 570.484.

    Project/Activity: The State of Iowa's Community Development Block Grant Program.

    Nature of Requirement: Section 570.484 of HUD's regulations requires the State to certify that, in the aggregate, not less than 70 percent of CDBG funds received by the State during a period specified by the State, not to exceed three years, will be used for activities that benefit persons of low and moderate income.

    Granted By: Susan D. Peppler, Assistant Secretary for Community Planning and Development.

    Date Granted: August 28, 2008.

    Reason Waived: This waiver allowed the State of Iowa to change its certification of compliance with this requirement, retroactively if the State so chooses, to a threeyear period. This waiver also allowed the State to effectively ``frontload'' the overall 70% calculation which allowed the state to use a higher percentage of funds for activities that meet the urgent need for slum/blight national objectives in year one. Nonetheless, HUD encouraged the State to maximize the amount of funding for activities that benefit low and moderateincome persons.

    Contact: Diane Lobasso, Director, State and Small Cities Division, Office of Block Grant Assistance, Office of Community Planning and Development, Department of Housing and Urban Development, 451 7th Street, SW., Room 7184, Washington, DC 204107000, telephone number 2024022191.
    II. Regulatory Waivers Granted by the Office of HousingFederal 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 203.43f.

    Project/Activity: State of Louisiana.

    Nature of Requirement: Section 203.43f of HUD's regulations in 24 CFR part 203 authorizes the insuring of manufactured homes built pursuant to the National Manufactured Home Construction and Safety Standards and meeting certain other requirements set forth therein. Among the requirements in Section 203.43f(c)(i) manufactured homes which have not been permanently sited for more than one year prior to the date of application for mortgage insurance must have the finished grade beneath the manufactured home at or above the 100 year return frequency flood elevation. Section 203.43f(d)(ii) provides that manufactured homes which have been permanently erected on a site for more than one year prior to the date of application for mortgage insurance must have the finished grade level beneath the manufactured home at or above the 100 year return frequency flood elevation.

    Granted By: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 1, 2008.

    Reason Waived: The waiver was granted to permit the placement of FHA mortgage insurance on manufactured homes installed in the Federal Emergency Management Agencydesignated flood plains in accordance with the National Flood Insurance Program installation requirements for manufactured homes found at 44 CFR 60.3(c)(6) or 44 CFR 60.3(c)(12). The waiver of the regulations required that the lowest floor of the manufactured home to be at or above the 100 year return frequency flood elevation for the purpose of not violating any statutory requirements. Accordingly, the waiver permits the placement of FHA mortgage insurance on manufactured homes sited in the State of Louisiana, in flood designated areas with the lowest floor at or above the 100 year return frequency, and otherwise conforming with HUD requirements for Title II, Section 203(b) financing of manufactured homes.

    Contact: Joanne B. Kuczma, Director, Home Mortgage Insurance Division, Office of Housing, Department of Housing and Urban Development, 451 7th Street SW., Room 9266, Washington, DC 204108000, telephone number 2027082121.

  • Regulation: 24 CFR 219.220(b).

    Project/Activity: Pinelake Village Cooperative, Ann Arbor, MichiganFHA Project Number 04444290. The property is a 129unit cooperative which requires renovations to continue as a wellmaintained source of affordable housing. Refinancing will provide sufficient funds for needed capital improvements at the property.

    Nature of Requirement: Section 219.220(b) of HUD's regulations in 24 CFR part 219 governs the repayment of operating assistance provided under the Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 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 these actions would typically terminate FHA involvement with the property, and the Flexible Subsidy loan would be repaid, in whole, at that time.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: July 21, 2008.

    Reason Waived: This waiver was granted to preserve this much needed affordable housing. Pinelake Village is a 129unit Section 236 property with a flexible subsidy loan. Eighty one units receive Section 8 project based rental assistance. Providing this waiver allowed the owner to prepay the existing mortgage, obtain financing to perform substantial rehabilitation of the property and allow the amortization of the flexible subsidy loan with the new mortgage.

    Contact: Beverly J. Miller, Director, Office of Asset Management, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6160, Washington, DC 204108000, telephone number 2027083730.

  • Regulation: 24 CFR 219.220(b).

    Project/Activity: St. Patrick's Terrace, Oakland, CaliforniaFHA Project Number 12144816. The owner/managing agent is requesting a deferral of the repayment of the Flexible Subsidy loan. Major rehabilitation is needed at the project.

    Nature of Requirement: Section 219.220(b) of HUD's regulations in 24 CFR part 219 governs the repayment of operating assistance provided under the Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 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
    [[Page 75743]]
    of these actions would typically terminate FHA involvement with the property, and the Flexible Subsidy loan would be repaid, in whole, at that time.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 27, 2008.

    Reason Waived: The property owner was granted the waiver of the regulations which required repayment of the operating assistance loans in order to defer repayment of the Flexible Subsidy loan and preserve the longterm affordability of the project. This waiver allowed the property to undergo major rehabilitation. The owner is to refinance the insured mortgage with a noninsured lender, and amortize the flexible subsidy debt over the new mortgage term. A new Use Agreement is to be recorded in first position ahead of any new financing and rents will be affordable for 55 years.

    Contact: Beverly J. Miller, Director, Office of Asset Management, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6160, Washington, DC 204108000, telephone number 2027083730.

  • Regulation: 24 CFR 219.220(b).

    Project/Activity: St. Andrew's Manor, Oakland, CaliforniaFHA Project Number 12144818. The owner/managing agent is requesting a deferral of the repayment of the Flexible Subsidy loan. Major rehabilitation is needed at the project.

    Nature of Requirement: Section 219.220(b) of HUD's regulations in 24 CFR part 219 governs the repayment of operating assistance provided under the Flexible Subsidy Program for Troubled Projects prior to May 1, 1996 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 these actions would typically terminate FHA involvement with the property, and the Flexible Subsidy loan would be repaid, in whole, at that time.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 28, 2008.

    Reason Waived: The property owner was granted the waiver of the regulations which required repayment of the operating assistance loans in order to defer repayment of the Flexible Subsidy loan and preserve the longterm affordability of the project. This waiver allowed the property to undergo major rehabilitation. The owner proposes to refinance the insured mortgage with a noninsured lender, and amortize the flexible subsidy debt over the new mortgage term. A new Use Agreement is to be recorded in first position ahead of any new financing and rents will be affordable for 55 years.

    Contact: Beverly J. Miller, Director, Office of Asset Management, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6160, Washington, DC 204108000, telephone number 2027083730.

  • Regulation: 24 CFR 266.638(d).

    Project/Activity: Villa St. Maurice, New Orleans, LAFHA Project Number 06498016, Villa Additions, New Orleans, LAFHA Project Number 06498017, St. Bernard IMeraux, LAFHA Project Number 06498012, St. Bernard IIMeraux, LAFHA Project Number 06498013, St. Martin ManorFHA Project Number 06498014, and St. Martin HouseFHA Project Number 06498015. The projects were destroyed by Hurricane Katrina in August 2005. HUD agreed to allow an 18month suspension of debenture interest accrual.

    Nature of Requirement: Under HUD's regulation at 24 CFR 266.638(d), the housing finance agency (HFA) debenture shall bear interest at HUD's published debenture at the earlier of initial endorsement or final endorsement. Interest shall be due and payable annually on the anniversary date of the initial claim payment and on the date of redemption when redeemed or canceled before an anniversary date. Interest shall be computed on the full face amount of the HFA debenture through the term of the HFA debenture.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 19, 2008.

    Reason Waived: This waiver allowed full refinancing for the reconstruction of the projects. The owner's history of successfully settling Risk Sharing claims on 5 properties resulted in the full redemption of the Louisiana HFA debentures. This included currently accrued interest and will assure concrete plans are in place to refinance the remaining 6 properties as well.

    Contact: Beverly J. Miller, Director, Office of Asset Management, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6160, Washington, DC 204107000, telephone number 2027083730.

  • Regulation: 24 CFR 290.30(a).

    Project/Activity: Kimberly Parkway (a/k/a Marsh Run) Columbus, OhioFHA Project Number 04335369. The insured loan on this property went into default and was assigned to HUD in August 2007. Waiver of this regulation would allow the Columbus Metropolitan Housing Authority to purchase this defaulted unsubsidized mortgage loan on a noncompetitive basis.

    Nature of Requirement: HUD's regulations governing the sale of HUD held mortgages are set forth in 24 CFR part 290, subpart B. Section 290.30(a) of those regulations state that ``[e]xcept as otherwise provided in section 290.31(a)(2), HUD will sell HUDheld multifamily mortgages on a competitive basis.'' Section 290.31(a)(2) permits ``negotiated'' sales to state or local governments for mortgage loans that are current and secured by subsidized projects, provided such loans are sold with FHA insurance.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 18, 2008.

    Reason Waived: This regulation was waived in order to allow the sale of Kimberly Parkway and to prevent foreclosure of the property. Foreclosure would have terminated the free lunch program, child care for working parents, job training and search services and other services at the project, causing a hardship for the tenants who live in this economically distressed area of Columbus. Seventy percent of residents are very lowincome. All residents receive rental assistance through Section 8 housing vouchers. The assistance will continue after the mortgage is sold to the Columbus Metropolitan Housing Authority.

    Contact: Beverly J. Miller, Director, Office of Asset Management, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6160, Washington, DC 204107000, telephone number 2027083730.

  • Regulation: 24 CFR 290.30(a).

    Project/Activity: Bethany Homes, New Orleans, LouisianaFHA Project Number 06443051. The project is unsubsidized and in default. Since the Department seeks to sell the note, a waiver of this regulation was requested by the Fort Worth Multifamily Hub.

    Nature of Requirement: HUD's regulations governing the sale of HUD Held mortgages are set forth in 24 CFR part 290, subpart B. Section 290.30(a) of those regulations state that ``[e]xcept as otherwise provided in section 290.31(a)(2), HUD will sell HUDHeld multifamily mortgages on a competitive basis.'' Section 290.31(a)(2) permits ``negotiated'' sales to state or local governments for mortgage loans that are
    [[Page 75744]]
    current and secured by subsidized projects, provided such loans are sold with FHA insurance.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 18, 2008.

    Reason Waived: This regulation was waived in order to allow the noncompetitive sale of Bethany Homes and to prevent foreclosure of the property. Waiver of this requirement would produce budget savings by generating proceeds to the U.S. Treasury and reduce the number of loans in the HUDheld mortgage inventory.

    Contact: Beverly J. Miller, Director, Office of Asset Management, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6160, Washington, DC 204108000, telephone number 2027083730.

  • Regulation: 24 CFR 290.30(a).

    Project/Activity: Malta Square, New Orleans, LouisianaFHA Project Number 06443079. This property is an independent care and assisted living facility which has been vacant since September 2005 when it was flooded during Hurricane Katrina.

    Nature of Requirement: HUD's regulations governing the sale of HUD Held mortgages are set forth in 24 CFR part 290, subpart B. Section 290.30(a) of those regulations state that ``[e]xcept as otherwise provided in section 290.31(a)(2), HUD will sell HUDHeld multifamily mortgages on a competitive basis.'' Section 290.31(a)(2) permits ``negotiated'' sales to state or local governments for mortgage loans that are current and secured by subsidized projects, provided such loans are sold with FHA insurance.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 18, 2008.

    Reason Waived: This regulation was waived in order to allow the noncompetitive sale of Malta Square and prevent foreclosure of the property. Waiver of this requirement would produce budget savings by generating proceeds to the U.S. Treasury and reduce the number of loans in the HUDheld mortgage inventory.

    Contact: Beverly J. Miller, Director, Office of Asset Management, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6160, Washington, DC 204108000, telephone number 2027083730.

  • Regulation: 24 CFR 5.655(b)(5).

    Project/Activity: Tumbleweed Apartments, Lyons, KansasFHA Project Number 10235164V and W. This 16unit project is experiencing difficulty in leasing units to qualified families of two or more individuals.

    Nature of Requirement: Section 5.655(b)(5) of HUD's regulations in 24 CFR part 5 applies to Section 8 project based assistance program requirements for selection for occupancy of a project or unit. Housing assistance limitation for single personsa single person who is not an elderly or displaced person, a person with disabilities, or the remaining member of a resident family may not be provided a housing unit with two or more bedrooms.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 22, 2008.

    Reason Waived: This waiver was granted because of the project's difficulty in locating potential qualified occupants. Management had exhausted all reasonable marketing efforts, including advertising locally continually in the Lyons Daily News, as well as distributing flyers locally. This waiver allowed admission of single adults who are otherwise eligible and qualified for occupancy in these twobedroom units. The owner will be able to maintain full occupancy and the project will not fail.

    Contact: Beverly J. Miller, Director, Office of Asset Management, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6160, Washington, DC 204108000, telephone number 2027083730.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Lakeview Properties, Baltimore, MD, Project Number: 052HD071/MD06Q051005.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to initial closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: July 10, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Carlsbad Senior Community, Carlsbad, NM, Project Number: 116EE040/NM16S061003.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advcance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: July 10, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and GrantAdministration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Deneki House, Wasilla, AK, Project Number: 176 HD028/AK06Q061001.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advcance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: July 10, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Princeton Manor, Florida City, FL, Project Number: 066EE103/FL29S041006.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advcance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: July 18, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant
    [[Page 75745]]
    Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Golden Age Apartments, Pine Bluff, AR, Project Number: 082EE177/AR37S061004.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advcance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: July 28, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Penelope 35II Apartments, Bloomington, MN, Project Number: 092EE127/MN46S071003.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: July 30, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Cornerstone Homes, New Orleans, LA, Project Number: 064EE167/LA48S041005.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 5, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Waynedale II Apartment, Fort Wayne, IN, Project Number: 073HD084/IN36Q071003.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 6, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.
    Regulation: 24 CFR 891.100(d).

    Project/Activity: Hawkins House Apartments, Lake Stevens, WA, Project Number: 127EE059/WA19S061002.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 7, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Bayou LaBatre VOA Elderly Housing, Incorporated, Bayou LaBatre, AL, Project Number: 062EE082/AL09S061002.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 8, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.
    Regulation: 24 CFR 891.100(d).

    Project/Activity: Vista Gallinas Apartments, Las Vegas, NM, Project Number: 116HD030/NM16Q061002.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 13, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: TELACUEl Paseo, Riverside, CA, Project Number: 143EE064/CA43Q061003.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 14, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.
    [[Page 75746]]

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Community Homes of Bismarck, Bismarck, ND, Project Number: 094HD015/ND99Q061001.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 15, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Rockland Street Elderly Housing, Roxbury, MA, Project Number: 023EE206/MA06S061005.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 16, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: KenCrest PA 2006, Philadelphia, PA, Project Number: 034HD093/PA26Q061001.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 18, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Oasis de Amor, Patillas, PR, Project Number: 056 HD032/RQ46Q061002.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 25, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: La Casa de Dona Here, Mayaguez, PR, Project Number: 056HD028/RQ46Q051003.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 25, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Community Options Eleanor, Howell Twp, NJ, Project Number: 031HD148/NJ39Q061001.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: August 26, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Golden Plains II, Garden City, KS, Project Number: 102HD039/KS16Q071003.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: September 4, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: SHDC No. 12, Kailua Kona, HI, Project Number: 140HD030/HI10Q041001.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: September 5, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Lovejoy Road, North Andover, MA, Project Number: 023HD220/MA06Q051001.

    [[Page 75747]]

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: September 8, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Valley Affordable, Warwick, RI, Project Number: 016EE059/RI43S051002.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: September 9, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Leonia Retirement Housing II, Leonia, NJ, Project Number: 031EE069/NJ39S061003.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: September 9, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: ASIWorthington, Worthington, MN, Project Number: 092EE125/MN46S071001.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: September 9, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration, Office of Housing, Department of Housing and Urban Development, 451 7th Street, SW., Room 6130, Washington, DC 204108000, telephone number 2027083000.

  • Regulation: 24 CFR 891.100(d).

    Project/Activity: Gracemont House, Baytown, TX, Project Number: 114HD038/TX24Q071002.

    Nature of Requirement: Section 891.100(d) prohibits amendment of the amount of the approved capital advance funds prior to closing.

    Granted by: Brian D. Montgomery, Assistant Secretary for Housing Federal Housing Commissioner.

    Date Granted: September 10, 2008.

    Reason Waived: The project is economically designed and comparable in cost to similar projects in the area, and the sponsor/owner exhausted all efforts to obtain additional funding from other sources.

    Contact: Willie Spearmon, Director, Office of Housing Assistance and Grant Administration,

    FOR FURTHER INFORMATION CONTACT

    For general information about this notice, contact Aaron Santa Anna, Assistant General Counsel for Regulations, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street, SW., Room 10276, Washington, DC 20410 0500, telephone number 2027083055 (this is not a tollfree number). Persons with hearing or speechimpairments may access this number through TTY by calling the tollfree Federal Information Relay Service at 8008778339.

    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 2008.