[Federal Register Volume 61, Number 131 (Monday, July 8, 1996)]
[Notices]
[Pages 35800-35801]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17172]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Office of the Assistant Secretary for Public and Indian Housing
[Docket No. FR-4104-D-01]
Redelegation of Authority; Waiver of Directives
AGENCY: Office of the Assistant Secretary for Public and Indian
Housing, HUD.
ACTION: Notice of redelegation of authority.
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SUMMARY: In this notice, the Assistant Secretary for Public and Indian
Housing redelegates to the Secretary's Representatives for HUD's Field
Offices the same waiver authority of directives and handbook provisions
pertaining to Public Housing (PH) programs, as provided to the PH
Directors in the HUD Field Offices. The Secretary's Representatives may
further redelegate the authority to waive directives and handbook
provisions to State and Area Coordinators within their geographic area.
Offices of Native American Programs are not covered by this
redelegation.
EFFECTIVE DATE: June 28, 1996.
FOR FURTHER INFORMATION CONTACT: Cheryl Teninga, Field Operations
Staff, Office of Public and Indian Housing, Department of Housing and
Urban Development, Room 4124, 451 7th Street, SW, Washington, DC 20410,
telephone numbers (202) 708-4016 (voice), (202) 708-1455 (TTY). These
are not toll-free numbers
SUPPLEMENTARY INFORMATION: The purpose of this redelegation is to
provide Secretary's Representatives with the same authority to waive
directives, including handbook provisions, redelegate to Public Housing
Directors in the Field Offices, and with the authority to further
redelegated to
[[Page 35801]]
State and Area Coordinators. 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 Directives 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.
As part of the Department's continued commitment to empowering
communities, the Assistant Secretary for Public and Indian Housing is
redelegating in this document additional authority to HUD's Secretary's
Representatives. Each Secretary's Representative is redelegated limited
authority to issue waivers of Department directives, including handbook
provisions, for Public Housing programs for the geographic area for
which the Secretary's Representative is responsible. The Secretary's
Representative is concurrently redelegated the same authority to waive
Department directives concerning Public Housing programs as reside with
the Public Housing Directors for the Field Offices in the geographic
area. The PH Director and the Secretary's Representative must jointly
concur in all requests for waivers, whether the request is granted or
denied. If the Secretary's Representative and the PH Director do not
agree, the matter will be referred to the Assistant Secretary for PIH
for resolution. If the Secretary's Representative further redelegates
his or her authority to a State and Area Coordinator, and the PH
Director and State and Area Coordinator disagree on a waiver request,
the State and Area Coordinator will refer the matter to the Secretary's
Representative.
Accordingly, the Assistant Secretary for Public and Indian Housing
redelegates as follows:
Section A. Authority Redelegated
The Assistant Secretary for Public and Indian Housing concurrently
redelegates to each Secretary's Representative the following authority
to waive Department directives, including handbook provisions,
concerning Public Housing programs for the geographic area for which
the Secretary's Representative is responsible. This authority includes
the same authority to waive Public Housing directives as is redelegated
to Public Housing Directors in the geographic area. The extent of this
waiver authority is currently described within the redelegations at 59
FR 51200 (October 7, 1994) and 60 FR 50635 (September 29, 1994). Each
waiver granted shall be in writing, specify the grounds for the waiver,
and shall be transmitted in writing to the Assistant Secretary for PIH.
The Assistant Secretary for PIH will publish any changes or amendments
to these redelegations.
Section B. Authority To Further Redelegate
The authority redelegated pursuant to Section A., above, may be
further redelegated to the State and Area Coordinators for the
geographic region of the Secretary's Representative. If the Secretary's
Representative redelegates this authority to a State and Area
Coordinator, the redelegation shall include the requirement that each
waiver granted shall be in writing, specify the grounds for the waiver,
and shall be transmitted in writing simultaneously to the appropriate
Secretary's Representative and to the Assistant Secretary for PIH.
Authority: Sec. 7(d) of the Department of Housing and Urban
Development (42 U.S.C. 3535(d)).
Dated: June 28, 1996.
Kevin Emanuel Marchman,
Acting Assistant Secretary for Public and Indian Housing.
[FR Doc. 96-17172 Filed 7-5-96; 8:45 am]
BILLING CODE 4210-33-M
