[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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regulations were originally enacted, the Board has revised some of its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
