[Federal Register Volume 63, Number 47 (Wednesday, March 11, 1998)]
[Notices]
[Page 11906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-6191]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-4345-D-03]
Redelegation of Authority; Waiver of Directives
AGENCY: Office of the Assistant Secretary for Fair Housing and Equal
Opportunity, HUD.
ACTION: Notice of redelegation of authority.
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SUMMARY: In this notice, the Assistant Secretary for Fair Housing and
Equal Opportunity redelegates to the General Deputy Assistant Secretary
for FHEO and to FHEO HUB Directors in the field the authority to waive
directives and handbook provisions pertaining to fair housing and equal
opportunity in Department programs.
EFFECTIVE DATE: February 26, 1998.
FOR FURTHER INFORMATION CONTACT: Dianne Taylor, Office of FHEO,
Department of Housing and Urban Development, Room 5100, 451 7th Street,
SW, Washington, DC 20410, telephone numbers (202) 708-4252, ext. 140.
(This is not a toll-free number.) This number may be accessed via TTY
by calling the Federal Information Relay Service at 1-800-877-8339.
SUPPLEMENTARY INFORMATION: The purpose of this redelegation is to
provide the General Deputy Assistant Secretary for FHEO and FHEO HUB
Directors in the field the authority to waive directives, including
handbook provisions, pertaining to fair housing and equal opportunity
in Department programs, in the geographic area for which the official
is responsible. This redelegation does not supersede the Department's
Statement of Policy published on April 22, 1991, at 56 FR 16337,
entitled ``Waiver of Regulations and Directive Issued by HUD.''
Department directives mandated by statute, executive order, or
regulation, and those related to civil rights compliance and
enforcement are not within this redelegation. The Secretary is the
ultimate repository of the authority both to issue and to waive the
regulations of the Department. Typically the authority to issue
regulations is delegated to an Assistant Secretary or official of
equivalent rank. Under Section 7(q) of the Department of Housing and
Urban Development Act, 42 U.S.C. 3535(q), the Secretary may not
delegate the authority to waive a regulation below the Assistant
Secretary rank. This prohibition even includes individuals who have
been delegated authority concurrent with the Assistant Secretary. Under
circumstances prescribed in the policy statement, the General Counsel
must concur on proposed waivers of regulations subject to Section 7(q)
of the HUD Act.
Under HUD's policy statement on waiver of regulations and
directives, Directive means a Handbook (including a change or
supplement), notice, interim notice, special directive, and any other
issuance that the Department may classify as a directive. Handbook
means a directive that communicates information of a permanent nature
(including clarification of policies, instructions, guidance,
procedures, forms, and reports) for HUD staff or program participants.
Its permanent nature distinguishes a Handbook from other temporary HUD
directives such as notices.
Accordingly, the Assistant Secretary for Fair Housing and Equal
Opportunity redelegates as follows:
Section A. Authority Redelegated
The Assistant Secretary for Fair Housing and Equal Opportunity
retains and redelegates, to the General Deputy Assistant Secretary for
FHEO and to each FHEO HUB Director in the field, the authority to waive
Department directives, including handbook provisions, concerning fair
housing and equal opportunity in Department programs, for the
geographic area for which the official is responsible. Each waiver
granted shall be in writing, specify the grounds for the waiver, and
shall be transmitted in writing to the Assistant Secretary for FHEO.
Authority: Sec. 7(d) of the Department of Housing and Urban
Development (42 U.S.C. 3535(d)).
Dated: February 26, 1998.
Eva M. Plaza,
Assistant Secretary for Fair Housing and Equal Opportunity.
[FR Doc. 98-6191 Filed 3-10-98; 8:45 am]
BILLING CODE 4210-18-M
