[Federal Register Volume 74, Number 30 (Tuesday, February 17, 2009)]
[Rules and Regulations]
[Page 7313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3245]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

24 CFR Part 30

[Docket No. FR-5081-C-03]
RIN 2501-AD23


Civil Money Penalties: Certain Prohibited Conduct; Technical 
Correction

AGENCY: Office of the Secretary, HUD.

ACTION: Final rule, technical correction.

-----------------------------------------------------------------------

SUMMARY: On January 15, 2009, HUD published a final rule to revise 
HUD's regulations that govern the imposition of civil money penalties. 
The final rule contained, however, a typographical error in the 
amendatory language for a revision to 24 CFR 30.90(b). HUD published a 
second final rule on January 26, 2009, that further amended the 
section. Because of the error contained in the January 15, 2009 final 
rule, the amendatory language contained in the January 26, 2009, final 
rule was also in error. This document corrects these errors.

DATES: Effective Dates: The correction to the amendment of 24 CFR 30.90 
published on January 15, 2009 (74 FR 2750), is effective February 17, 
2009. The correction to the amendment of Sec.  30.90 published on 
January 26, 2009 (74 FR 4634), is effective February 25, 2009.

FOR FURTHER INFORMATION CONTACT: Dane Narode, Associate General Counsel 
for Program Enforcement, Department of Housing and Urban Development, 
1250 Maryland Avenue, SW., Suite 200, Washington, DC 20024-0500; 
telephone number 202-708-2350 (this is not a toll-free number), or e-
mail address [email protected]. Individuals with hearing or speech 
impairments may access this number through TTY by calling the toll-free 
Federal Information Relay Service at 800-877-8339.

SUPPLEMENTARY INFORMATION: On January 15, 2009 (74 FR 2750), HUD 
published a final rule that revised HUD's regulations that govern the 
imposition of civil money penalties, located at part 30 of Title 24 of 
the Code of Federal Regulations. The final rule followed a proposed 
rule published on October 17, 2008 (73 FR 61754), that provided a 60 
day public comment period. HUD received no comments in response to the 
proposed rule and, at the final rule stage, adopted the proposed rule 
without change.
    Among other changes, the January 15, 2009, final rule revised 
procedures at Sec.  30.90 that detail how a respondent against whom HUD 
has filed a complaint seeking civil money penalties should submit his 
or her answer. In the January 15, 2009, final rule, HUD attempted to 
establish a new Sec.  30.90(b) that instructed the respondent to serve 
upon HUD and file with the Office of Hearing and Appeals a written 
answer within 30 days of receipt of the complaint, unless such time is 
extended for good cause. The amendatory language for Sec.  30.90 of the 
January 15, 2009, final rule, however, requested that the Federal 
Register redesignate existing paragraph (b) as (c) and ``revise'' new 
paragraph (b). Rather than requesting that new paragraph (b) be 
revised, the amendatory language should have instructed that new 
paragraph (b) be added.
    On January 26, 2009, HUD published a second final rule to amend 
several sections of HUD's regulations to reflect changes in the office 
address and staff titles of HUD's Office of Hearings and Appeals. Among 
the changes included in the January 26, 2009, final rule was one 
intended to amend Sec.  30.90 of HUD's civil money penalties rule to 
reflect that the title of ``Chief Docket Clerk'' has been changed to 
``Docket Clerk.'' The amendatory language for Sec.  30.90 in the 
January 26, 2009, final rule, however, contained a typographical error 
and requested that Sec.  30.90(b) be revised. The amendatory language 
should have requested that Sec.  30.90(c) be revised to conform to 
HUD's January 15, 2009, final rule. Today's Federal Register document 
corrects these errors.

0
Accordingly, FR Doc. E9-851, Civil Money Penalties: Certain Prohibited 
Conduct (FR-5081-F-02), published in the Federal Register on January 
15, 2009 (74 FR 2750) is corrected as follows:


Sec.  30.90  [Corrected]

0
On page 2752, in the second column, revise amendatory instruction 
number 11 to read as follows:
    ``11. In Sec.  30.90, revise paragraph (a), redesignate paragraph 
(b) as (c), and add new paragraph (b) to read as follows:''

0
In addition, FR Doc. E9-1249, HUD Office of Hearings and Appeals; 
Conforming Changes to Reflect Office Address and Staff Title Changes, 
and Notification of Retention of Chief Administrative Law Judge (FR-
5265-F-01), published in the Federal Register on January 26, 2009 (74 
FR 4634) is corrected as follows:


Sec.  30.90  [Corrected]

0
On page 4635, in the third column, remove the paragraph designation 
``(b)'' from the amendment to Sec.  30.90, and add in its place 
``(c)''; and revise the amendatory instruction number 7 to read as 
follows:
    ``7. Revise the first sentence of Sec.  30.90(c) to read as 
follows:''

    Dated: February 10, 2009.
Aaron Santa Anna,
Assistant General Counsel for Regulations.
 [FR Doc. E9-3245 Filed 2-13-09; 8:45 am]
BILLING CODE 4210-67-P