[Federal Register Volume 59, Number 222 (Friday, November 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28510]


[[Page Unknown]]

[Federal Register: November 18, 1994]


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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of the Secretary

24 CFR Part 17

[Docket No. R-94-1758; FR-3777-F-01]

 

HUD Board of Contract Appeals Administrative Claims Technical 
Amendment

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule.

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SUMMARY: HUD is amending its regulations governing debtor 
correspondence with the HUD Board of Contract Appeals. Since these 
regulations were originally enacted, the Board has revised some of its 
procedural requirements and its mailing address has changed. This 
technical amendment will update the regulations.

EFFECTIVE DATE: December 19, 1994.

FOR FURTHER INFORMATION CONTACT: David T. Anderson, Chairman, Board of 
Contract Appeals, Room 2131, Department of Housing and Urban 
Development, 451 Seventh Street, SW., Washington, DC 20410-0500, 
telephone (202) 927-5110. Hearing or speech-impaired individuals may 
call (202) 708-9300 (TDD) or 1-800-877-8339 (Federal Information Relay 
Service TDD). (Other than the ``800'' number, these telephone numbers 
are not toll free).

SUPPLEMENTARY INFORMATION:

I. Background

    The HUD regulations located at 24 CFR part 17, subpart C, implement 
the Federal Claims Collection Act of 1966, as amended by the Debt 
Collection Act of 1982 (31 U.S.C. 3711, 3716-18, and 5 U.S.C. 5514) 
(the ``Act''). The Act requires that the Secretary or the Secretary's 
designee attempt the collection of all claims of the United States for 
money or property arising from HUD activities. The Act also authorizes 
the Secretary or the Secretary's designee to compromise, suspend or 
terminate action on certain claims listed in 24 CFR 17.60(a).
    The regulation at 24 CFR 17.152(a) states that a person who has 
received a Notice of Intent to collect a claim from HUD has the right 
to present evidence that all or part of the debt is not past-due or 
that the debt is not legally enforceable. An Administrative Judge from 
the HUD Board of Contract Appeals reviews the evidence submitted by HUD 
and the debtor in order to make a determination on the debt (24 CFR 
17.152(c)).
    The regulations in 24 CFR 17.161 set forth requirements for 
correspondence from the debtor seeking review to the HUD Board of 
Contract Appeals. Paragraph (a) of Sec. 17.161 specifies where the 
correspondence must be addressed. This paragraph also requires that the 
debtor send a copy of the correspondence to the Offsets Docket Clerk.
    Since 24 CFR 17.161(a) was originally published, changes have 
occurred which have caused the regulation to become outdated. 
Specifically, the Board has implemented revised procedures which 
eliminate the requirement for duplicate filing by the debtor. Also, the 
Board's room number for mailing purposes has changed and is incorrect 
as published. Furthermore, since this paragraph relates to the exercise 
of the debtor's rights before the Board, the provision directing 
correspondence to the Secretary, and not the Board, is erroneous. 
Accordingly, 24 CFR 17.161(a) is being updated to incorporate these 
changes.

II. Justification for Final Rule Making

    It is HUD's policy to publish rules for public comment before their 
issuance for effect, in accordance with its own regulations on 
rulemaking found at 24 CFR part 10. However, part 10 provides that 
prior public procedure will be omitted if HUD determines that it is 
``impracticable, unnecessary, or contrary to the public interest'' (24 
CFR 10.1). HUD finds that it is unnecessary to solicit prior public 
comment before publishing this rule for effect, because HUD is merely 
updating 24 CFR part 17 to incorporate changes in procedure and address 
that have occurred since the regulations were originally enacted.

III. Other Matters

A. Environmental Impact

    In accordance with 40 CFR 1508.4 of the regulations of the Council 
on Environmental Quality and 24 CFR 50.20(k) of the HUD regulations, 
the policies and procedures contained in this rule relate only to HUD 
administrative procedures and, therefore, are categorically excluded 
from the requirements of the National Environmental Policy Act.

B. Executive Order 12612, Federalism

    The General Counsel, as the Designated Official under section 6(a) 
of Executive Order 12612, Federalism, has determined that the policies 
contained in this rule will not have substantial direct effects on 
states or their political subdivisions, or the relationship between the 
federal government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Specifically, 
this rule merely updates an existing regulation to incorporate 
revisions in procedure that have occurred since the regulation took 
effect. It effects no changes in the current relationships between the 
federal government, the states and their political subdivisions in 
connection with this program.

C. Executive Order 12606, the Family

    The General Counsel, as the Designated Official under Executive 
Order 12606, The Family, has determined that this rule does not have 
potential for significant impact on family formation, maintenance, and 
general well-being, and, thus, is not subject to review under the 
order. This rule amends an existing regulation to include procedural 
and address changes that have taken place since the regulation was 
enacted. No significant change in existing HUD policies or programs 
will result from the promulgation of this rule, as those policies and 
programs relate to family concerns.

D. Regulatory Flexibility Act

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)) has reviewed and approved this rule, and in so doing 
certifies that this rule will not have a significant impact on a 
substantial number of small entities. This rule merely updates an 
existing regulation to include procedural revisions that have been 
implemented since the regulation was first enacted. Accordingly, this 
rule will not have a significant economic impact on a substantial 
number of small entities.

E. Regulatory Agenda

    This final rule was not listed in the Department's Semiannual 
Agenda of Regulations published on November 14, 1994 (59 FR 57632) in 
accordance with Executive Order 12866 and the Regulatory Flexibility 
Act.

List of Subjects in 24 CFR Part 17

    Administrative Practice and procedure, Claims, Government 
employees, Income taxes, Wages.
    Accordingly, 24 CFR part 17 is amended as follows:

PART 17--ADMINISTRATIVE CLAIMS

    1. The authority citation for 24 CFR part 17 is revised to read as 
follows:

    Authority: 28 U.S.C. 2672; 31 U.S.C. 3711, 3716-18, 3721, and 5 
U.S.C. 5514; 42 U.S.C. 3535(d).

Subpart C--Procedures for the Collection of Claims by the 
Government

    2. The authority citation for 24 CFR part 17, Subpart C is revised 
to read as follows:

    Authority: 31 U.S.C. 3711, 3716-18, and 5 U.S.C. 5514; 42 U.S.C. 
3535(d).

    3. Section 17.161 is amended by revising paragraph (a) to read as 
follows:


Sec. 17.161  Correspondence with the Department.

    (a) All correspondence from the debtor to the Board concerning the 
right to review as described in Sec. 17.152 shall be addressed to the 
HUD Board of Contract Appeals, Room 2131, 451 Seventh Street SW., 
Washington, DC 20410-0500.
* * * * *
    Dated: October 26, 1994.
Henry G. Cisneros,
Secretary.
[FR Doc. 94-28510 Filed 11-17-94; 8:45 am]
BILLING CODE 4210-32-P