[Federal Register Volume 71, Number 103 (Tuesday, May 30, 2006)]
[Rules and Regulations]
[Pages 30617-30618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8196]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Part 36

RIN 2900-AM38


Amended Delegation of Authority--Property Management Contractor

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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SUMMARY: The Department of Veterans Affairs (VA) is amending its 
delegation of authority to the property management contractor under its 
housing loan program. This amendment will permit the property 
management contractor's Regional Managers to execute documents 
necessary for the management and sale of single-family properties 
acquired by VA under its housing loan guaranty program.

DATES: Effective Date: May 30, 2006.

FOR FURTHER INFORMATION CONTACT: William W. Lutes, Assistant Director 
for Property Management and Strategic Development (263), Veterans 
Benefits Administration, Department of Veterans Affairs, 810 Vermont 
Ave., Washington, DC 20420, telephone 202-273-7379.

SUPPLEMENTARY INFORMATION: The provisions of 38 U.S.C. chapter 37 
authorize the Secretary of Veterans Affairs to guarantee (or make) 
loans to veterans. Following the termination of guaranteed loans that 
have been in serious default, the holder of such loan may, pursuant to 
38 U.S.C. 3732(c), elect to convey to the Secretary the property which 
had secured the loan. VA sells the properties so acquired to the 
general public in order to reduce the loss to the Federal Treasury on 
the guaranteed loan. The sale of such properties is not a veterans' 
benefit granted under title 38, United States Code.
    VA has contracted with a private entity to handle the management 
and resale of VA's inventory of acquired properties. To facilitate the 
contract's objectives, VA, in 38 CFR 36.4342(f)(2), has delegated to 
designated officials of that entity the authority to execute, on behalf 
of VA, routine documents necessary for the management and sale of VA 
acquired properties. The designated officials under such delegation are 
the Senior Vice President, Vice President, Assistant Vice President, 
Assistant Secretary, Director, and Senior Manager.
    This rule amends 38 CFR 36.4342(f)(2) to add the position of 
``Regional Manager'' to the list of officers of the contractor to whom 
the Secretary has delegated authority to execute such property 
management and sales documents. Workload and staffing of the contractor 
has led VA to conclude that so expanding the list of positions to which 
this authority is delegated will increase the efficiency of the 
administration of the property management contract.

Administrative Procedure Act

    This final rule concerns agency statements of policy, organization, 
procedure, or practice, and pursuant to 5 U.S.C. 553, is exempt from 
the notice and comment and delayed effective date requirements.

Unfunded Mandates

    The Unfunded Mandates Reform Act requires, at 2 U.S.C. 1532, that 
agencies prepare an assessment of anticipated costs and benefits before 
issuing any rule that may result in an expenditure by State, local, and 
tribal governments, in the aggregate, or by the private sector of $100 
million or more (adjusted annually for inflation) in any given year. 
This final rule would have no such effect on State, local, and tribal 
governments, or the private sector.

Paperwork Reduction Act

    This document contains no provisions constituting a collection of 
information under the Paperwork Reduction Act (44 U.S.C. 3501-3521).

Regulatory Flexibility Act

    The Secretary of Veterans Affairs hereby certifies that this final 
rule will not have a significant economic impact on a substantial 
number of small entities as they are defined in the Regulatory 
Flexibility Act, 5 U.S.C. 601-612. The final rule relates to agency 
management and personnel and does not contain substantive provisions 
affecting small entities. Accordingly, pursuant to 5 U.S.C. 605(b), 
this final rule is exempt from the initial and final regulatory 
flexibility analysis requirements of sections 603 and 604.

[[Page 30618]]

Executive Order 12866

    Executive Order 12866 directs agencies to assess all costs and 
benefits of available regulatory alternatives and, when regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety, 
and other advantages; distributive impacts; and equity). The Order 
classifies a rule as a significant regulatory action requiring review 
by the Office of Management and Budget if it meets any one of a number 
of specified conditions, including: having an annual effect on the 
economy of $100 million or more, creating a serious inconsistency or 
interfering with an action of another agency, materially altering the 
budgetary impact of entitlements or the rights of entitlement 
recipients, or raising novel legal or policy issues. VA has examined 
the economic, legal, and policy implications of this final rule and has 
concluded that it is not a significant regulatory action under 
Executive Order 12866.

Catalog of Federal Domestic Assistance Numbers

    The Catalog of Federal Domestic Assistance program numbers and 
titles for this final rule are 64.114 Veterans Housing--Guaranteed and 
Insured Loans and 64.119 Veterans Housing--Manufactured Home Loans.

List of Subjects in 38 CFR Part 36

    Condominiums, Flood Insurance, Housing, Indians, Individuals with 
disabilities, Loan programs-housing and community development, Loan 
programs, Indians, Loan programs-veterans, Manufactured homes, Mortgage 
insurance, Reporting and recordkeeping requirements, Veterans.

    Approved: April 27, 2006.
Gordon H. Mansfield,
Deputy Secretary of Veterans Affairs.

0
For the reasons stated in the preamble, the Department of Veterans 
Affairs amends 38 CFR part 36 as set forth below:

PART 36--LOAN GUARANTY

0
1. The authority citation for part 36 continues to read as follows:

    Authority: 38 U.S.C. 501, 3701-3704, 3707, 3710-3714, 3719, 
3720, 3729, 3762, unless otherwise noted.

0
2. Revise paragraph (f)(2) of Sec.  36.4342 to read as follows:


Sec.  36.4342  Delegation of authority.

* * * * *
    (f) * * *
    (2) The designated officers are: Senior Vice President, Vice 
President, Assistant Vice President, Assistant Secretary, Director, 
Senior Manager, and Regional Manager.
* * * * *
 [FR Doc. E6-8196 Filed 5-26-06; 8:45 am]
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