Consolidated Delegation of Authority To the General Counsel, 62801-62803 [E9-28787]
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Federal Register / Vol. 229, No. 74 / Tuesday, December 1, 2009 / Notices
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accurate and timely fit-for-duty
determinations in order to reduce
maritime safety risks.
DATES: The forms became available for
use by November 15, 2009.
ADDRESSES: Coast Guard Forms CG–719
K and CG–719 K/E are available on the
internet at https://www.regulations.gov,
under this docket number [USCG–2009–
0937]. They will also be made
permanently available on the Coast
Guard National Maritime Center’s
(NMC) internet Web site at: https://
www.uscg.mil/nmc.
The Department of Transportation
Docket Management Facility maintains
the public docket for this notice. All
forms mentioned in this Notice are part
of this docket and are available for
inspection or copying at the Docket
Management Facility (M–30), U.S.
Department of Transportation, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590, between 9 a.m.
and 5 p.m., Monday through Friday,
except Federal holidays. You may also
find this docket on the Internet by going
to https://www.regulations.gov, inserting
‘‘USCG–2009–0937’’ in the ‘‘Keyword’’
box, and then clicking ‘‘Search.’’
FOR FURTHER INFORMATION CONTACT: For
questions on this notice of availability,
e-mail or call LT(jg) Dylan McCall (CG–
5434) at U.S. Coast Guard Headquarters,
202–372–1128, e-mail:
Dylan.k.mccall@uscg.mil.
For questions on the use of these
forms, please contact the NMC by e-mail
at iasknmc@uscg.mil or by phone at 1–
888–IASKNMC [427–5662].
For questions on viewing the docket,
contact Renee V. Wright, Program
Manager, Docket Operations, Office of
Information Services, Office of the
Assistant Secretary for Administration,
Office of the Secretary, at M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC 20590; telephone: 202–
366–9826; e-mail: renee.wright@dot.gov.
SUPPLEMENTARY INFORMATION:
Background and Purpose
The Coast Guard has revised the
Merchant Mariner Credential Medical
Evaluation Report (CG–719 K) and the
Merchant Mariner Evaluation of Fitness
for Entry Level Ratings (CG–719 K/E)
forms and announces their availability
to the public. These forms are used to
facilitate obtaining objective medical
information, which will assist the Coast
Guard in making accurate and timely fitfor-duty determinations in order to
reduce maritime safety risks. Please note
that these versions of the forms have
been approved for use by the Office of
VerDate Nov<24>2008
20:14 Nov 30, 2009
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Management and Budget (OMB) and
have been assigned OMB Control
Number 1625–0040.
The CG–719 K/E form should be used
only by mariners seeking an entry level
merchant mariner credential. This form
is limited to applicants for the following
rating endorsements: Ordinary Seaman,
Wiper, or Steward’s Department (food
handler). The CG–719K form should be
used for all other endorsement
applications.
These forms more clearly align the
merchant mariner credentialing process
with the policies set forth by Navigation
and Vessel Inspection Circular (NVIC)
04–08, Medical and Physical Evaluation
Guidelines for Merchant Mariner
Credentials. (The NVIC is available for
viewing at https://www.uscg.mil/hq/cg5/
nvic/2000s.asp#2008.) Enclosure (3) to
the NVIC provides guidance on use of
the forms, which assist the Coast Guard
in obtaining objective medical evidence
of an applicant’s physical condition as
it relates to their ability to perform
duties as a merchant mariner. Proper
use of these forms as guided by NVIC
04–08 should lead to reduced
processing times for mariners’
applications.
Implementation Timeline
These forms are available at the NMC
Web site (see ADDRESSES above). The
Coast Guard is working to create both a
printable user guide and to embed
instructions in the electronic version of
the form in order to assist both the
mariner and physicians in completing
the forms.
The forms are now available for use.
Physical exams completed on or after
January 1, 2010 must be on the new
forms, Rev (01/09). Physical exams
completed and signed prior to January
1, 2010, will continue to be accepted
with applications submitted after that
date; however, they must be dated
within one year of application.
This notice is issued under authority
of 5 U.S.C. 552(a).
Dated: November 24, 2009.
K. S. Cook,
Rear Admiral, United States Coast Guard,
Director of Prevention Policy.
[FR Doc. E9–28718 Filed 11–30–09; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5367–D–01]
Consolidated Delegation of Authority
To the General Counsel
AGENCY:
PO 00000
Office of the Secretary, HUD.
Frm 00068
Fmt 4703
Sfmt 4703
62801
ACTION: Notice of Delegation of
Authority.
SUMMARY: On November 18, 2008, HUD
published a consolidated notice of
delegation of authority from the
Secretary to the General Counsel.
Today’s Federal Register notice updates
the November 18, 2008, consolidated
delegation of authority and supersedes
all previous delegations of authority
from the Secretary to the General
Counsel.
DATES: Effective Date: November 23,
2009.
FOR FURTHER INFORMATION CONTACT:
Linda M. Cruciani, Deputy General
Counsel for Operations, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street, SW., Room 10240,
Washington, DC 20410–0500, telephone
number 202–402–5108. (This is not a
toll-free number.) Individuals with
speech or hearing impairments may
access this number through TTY by
calling 1–800–877–8339.
SUPPLEMENTARY INFORMATION: On
November 18, 2008 (73 FR 68439), HUD
published a consolidated notice of
delegation of authority from the
Secretary to the General Counsel.
Today’s Federal Register notice updates
the November 18, 2008, consolidated
delegation of authority and supersedes
all previous delegations of authority
from the Secretary to the General
Counsel. Published elsewhere in today’s
Federal Register is a redelegation of
authority from the General Counsel to
subordinate employees within the
Office of General Counsel.
In addition to the authority published
in today’s consolidated delegation of
authority, the Secretary has delegated
other authorities to the General Counsel
by regulation. These delegations
include:
1. Naming the General Counsel as
HUD’s Designated Agency Ethics
Official; 5 CFR 7501.
2. Authorizing the General Counsel,
and in some instances, the appropriate
Associate General Counsel or Regional
Counsel, to respond to subpoenas and/
or other demands from the courts or
other authorities; 24 CFR part 15.
3. Designating the General Counsel as
the source selection authority for the
procurement of outside legal services
through either the lowest price
technically acceptable or tradeoff
process; 48 CFR 2415.303(a)(3).
4. Designating the General Counsel as
a responsible official to ensure the
implementation of the policies of the
National Environmental Policy Act
(NEPA) and other environmental
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Federal Register / Vol. 229, No. 74 / Tuesday, December 1, 2009 / Notices
requirements of the Department,
including the performance of the
responsibilities of a Program
Environmental Clearance Officer
pursuant to 24 CFR 50.10(a), 50.16.
5. Authorizing the General Counsel,
as set forth in 24 CFR parts 103 and 180,
to exercise authority pertaining to civil
rights statutes, including the Fair
Housing Act, 42 U.S.C. 3601 et seq.;
Section 504 of the Rehabilitation Act of
1973, as amended, 29 U.S.C. 791 et seq.;
the Age Discrimination Act of 1975, as
amended, 42 U.S.C. 6101 et seq.; and
Section 109 of the Housing and
Community Development Act of 1974,
as amended, 42 U.S.C. 5301 et seq.
6. Authorizing the General Counsel to
initiate a civil money penalty action
pursuant to Sections 102 and 103 of the
Department of Housing and Urban
Development Reform Act of 1989 (42
U.S.C. 3537a(c), 3545); 24 CFR part 4 in
accordance with the provisions of 24
CFR part 30.
7. Authorizing the General Counsel to
appoint, and fix the compensation of a
foreclosure commissioner or
commissioners and alternate
commissioners, in accordance with the
Multifamily Mortgage Foreclosure Act
of 1981 (12 U.S.C. 3701 et seq.); 24 CFR
27.10.
HUD’s Program Assistant Secretaries
have also delegated authority to the
General Counsel. The Assistant
Secretary for Housing—Federal Housing
Commissioner has delegated authority
to the General Counsel to issue a notice
of violation under the terms of a
regulatory agreement; to issue a notice
of default under the terms of housing
assistance payments contracts (HAPs);
to impose civil money penalties; and to
take all actions permitted under 24 CFR
30.36, 30.45, and 30.68. (71 FR 60168,
October 12, 2006.)
Section 30.36 of HUD’s regulations
(24 CFR 30.36) authorizes the Assistant
Secretary for Housing—Federal Housing
Commissioner, or designee, to initiate
civil money penalty action against any
principal, officer, or employee of a
mortgagee or lender, or other participant
or any provider of assistance to a
borrower in connection with any such
mortgage or loan, including: sellers,
borrowers, closing agents, title
companies, real estate agents, mortgage
brokers, appraisers, loan
correspondents, dealers, consultants,
contractors, subcontractors, and
inspectors.
Section 30.45 of HUD’s regulations
(24 CFR 30.45) authorizes the Assistant
Secretary for Housing—Federal Housing
Commissioner, or designee, to initiate
civil money penalty action against any
mortgagor of a multifamily property
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20:14 Nov 30, 2009
Jkt 220001
with a mortgage insured, co-insured, or
held by the Secretary, pursuant to Title
II of the National Housing Act or to
Section 202 of the Housing Act of 1959.
Section 30.68 of HUD’s regulations
(24 CFR 30.68) authorizes the Assistant
Secretary for Housing—Federal Housing
Commissioner, or designee, to initiate
civil money penalty action against any
owner, general partner of a partnership,
or agent employed to manage the
property that has an identity of interest
with the owner or general partner
receiving project-based assistance under
Section 8 of the United States Housing
Act of 1937 for a knowing and material
breach of housing assistance payment
(HAP) contracts.
Section A. Authority
The Secretary of Housing and Urban
Development hereby delegates the
following authorities to the General
Counsel:
1. To interpret the authority of the
Secretary and to determine whether the
issuance of any rule, regulation,
statement of policy, or standard
promulgated by HUD is consistent with
that authority.
2. To direct all litigation affecting
HUD and to sign, acknowledge, and
verify on behalf of and in the name of
the Secretary all declarations, bills,
petitions, pleas, complaints, answers,
and other pleadings in any court
proceeding brought in the name of or
against the Secretary or in which the
Secretary is a named party.
3. To direct the referral of cases and
other matters to the Attorney General for
appropriate legal action and to transmit
information and material pertaining to
the violation of law or HUD rules and
regulations. Excepted from this
authority, however, are those referrals
and transmittals that the Inspector
General is authorized to make by law or
by delegation of authority.
4. To accept, on behalf of the
Secretary, service of all summons,
subpoenas, and other judicial,
administrative, or legislative processes
directed to the Secretary or to an
employee of HUD in an official capacity,
and to execute affidavits asserting
HUD’s deliberative process privilege.
5. Where not inconsistent with other
regulations pertaining to proceedings
before administrative law judges, to
approve the issuance of subpoenas or
interrogatories pertaining to
investigations for which responsibility
is vested in the Secretary.
6. To consider, ascertain, adjust,
determine, compromise, allow, deny, or
otherwise dispose of claims under the
Federal Tort Claims Act, 28 U.S.C.
1346(b), 2671 et seq. and the Military
PO 00000
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Fmt 4703
Sfmt 4703
Personnel and Civilian Employees’
Claims Act of 1974, 31 U.S.C. 3721 et
seq.
7. To act upon the appeals and issue
final determinations on appeals of
denial of access or record correction
under the Privacy Act of 1974, except
appeals regarding records maintained by
the Office of Inspector General (Pub. L.
93–579), 5 U.S.C. 552(c).
8. To make written requests, for
purposes of civil or criminal law
enforcement activities, to other agencies
for the transfer of records or copies of
records maintained by such agencies
under subsection (b)(7) of the Privacy
Act of 1974, as amended (5 U.S.C.
552a(b)(7)).
9. To act upon appeals under the
Freedom of Information Act, 5 U.S.C.
552, except appeals from decisions of
the Office of Inspector General.
10. To appoint a foreclosure
commissioner or commissioners, or a
substitute foreclosure commissioner, to
replace a previously designated
foreclosure commissioner under:
(a) Section 805 of the Single Family
Mortgage Foreclosure Act of 1994, 12
U.S.C. 3754; the power to fix
compensation for the foreclosure
commissioner under Section 812 of the
Single Family Mortgage Foreclosure Act
of 1994, 12 U.S.C. 3761; and to
promulgate regulations necessary to
carry out the provisions of the Single
Family Mortgage Foreclosure Act of
1994; and
(b) Section 365 of the Multifamily
Mortgage Foreclosure Act of 1981, 12
U.S.C. 3701, et seq.; the power to fix
compensation for the foreclosure
commissioner under Section 369(c) of
the Multifamily Mortgage Foreclosure
Act of 1981, 12 U.S.C. 3701, et seq.; and
to promulgate regulations necessary to
carry out the provisions of the
Multifamily Mortgage Foreclosure Act
of 1981.
11. To make determinations and
certifications required under Section
1114 of the Right to Financial Privacy
Act, 12 U.S.C. 3401, et seq.
12. To designate authorized officials
to exercise the powers or perform the
duties of the General Counsel, through
an order of succession (subject to the
provisions of the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345–
3349d), during any period when, by
reason of absence, disability, or vacancy
in office, the General Counsel for HUD
is not available.
13. To serve as an Attesting Officer
and to cause the seal of HUD to be
affixed to such documents as may
require its application and to certify that
a copy of any book, paper, microfilm, or
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Federal Register / Vol. 229, No. 74 / Tuesday, December 1, 2009 / Notices
other document is a true copy of that in
the files of HUD.
14. To act as the designated official
under Section 5(a) of Executive Order
12630, Governmental Actions and
Interference With Constitutionally
Protected Property Rights, issued March
15, 1987, (53 FR 8859, March 18, 1988)
consistent with Executive Order 13406,
Protecting the Property Rights of the
American People, issued June 23, 2006
(71 FR 36973, June 28, 2006).
15. To make determinations of
federalism implications, preemption, or
the need for consultations with state
and local officials as required by
Executive Order 13131, Federalism,
issued August 4, 1999 (64 FR 43255,
August 10, 1999).
Section B. Authority to Redelegate
The General Counsel is authorized to
redelegate to employees of HUD any of
the authority delegated under Section A
above.
Section C. Authority Superseded
This delegation supersedes all
previous delegations of authority from
the Secretary to the General Counsel.
Authority: Section 7(d) Department of
Housing and Urban Development Act (42
U.S.C. 3535(d)).
Dated: November 23, 2009.
Shaun Donovan,
Secretary.
[FR Doc. E9–28787 Filed 11–30–09; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
[Docket No. FR–5367–D–02]
Consolidated Redelegation of
Authority to the Office of General
Counsel
AGENCY:
Office of General Counsel,
HUD.
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ACTION: Notice of Redelegation of
Authority.
SUMMARY: This redelegation of authority
consolidates and updates past
redelegations of authority from the
General Counsel to subordinate
employees.
DATES: Effective Date: November 23,
2009.
FOR FURTHER INFORMATION CONTACT:
Linda M. Cruciani, Deputy General
Counsel for Operations, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street, SW., Room 10240,
Washington, DC 20410–0500, telephone
number 202–402–5108. (This is not a
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20:14 Nov 30, 2009
Jkt 220001
toll-free number.) Individuals with
speech or hearing impairments may
access this number through TTY by
calling 1–800–877–8339.
SUPPLEMENTARY INFORMATION: Elsewhere
in today’s Federal Register is a notice of
a consolidated delegation of authority
from the Secretary of HUD to the
General Counsel. In that notice, the
General Counsel was given the authority
to redelegate to employees of HUD any
authority delegated by the Secretary in
that notice to the General Counsel.
Through this notice, the General
Counsel is redelegating certain authority
to other employees of the Office of
General Counsel.
Section A contains concurrent
redelegations from the General Counsel
to the Principal Deputy General Counsel
(or General Deputy General Counsel),
the Deputy General Counsel for
Operations, the Deputy General Counsel
for Housing Programs and the Deputy
General Counsel for Enforcement and
Fair Housing. Section B contains
redelegations from the General Counsel
to specific positions within the Office of
General Counsel. Section C contains
redelegations to the Departmental
Enforcement Center within the Office of
General Counsel. These redelegations
revoke and supersede all previous
delegations of authority from the
General Counsel to subordinate
employees, but specifically do not
revoke the divisions of responsibility set
forth in the Office of General Counsel
Litigation Handbook and its appendices.
Section A. Authority Delegated to the
Principal Deputy General Counsel and
Deputy General Counsels
The General Counsel retains and
redelegates the following authority
concurrently to the Principal Deputy
General Counsel, the Deputy General
Counsel for Operations, the Deputy
General Counsel for Housing Programs
and the Deputy General Counsel for
Enforcement and Fair Housing.
1. To interpret the authority of the
Secretary and to determine whether the
issuance of any rule, regulation,
statement of policy, or standard
promulgated by HUD is consistent with
that authority.
2. To direct all litigation affecting
HUD and to sign, acknowledge and
verify on behalf of and in the name of
the Secretary all declarations, bills,
petitions, pleas, complaints, answers,
and other pleadings in any court
proceeding brought in the name of or
against the Secretary or in which he/she
is a named party.
3. To direct the referral of cases and
other matters to the Attorney General for
appropriate legal action and to transmit
PO 00000
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Fmt 4703
Sfmt 4703
62803
information and material pertaining to
the violation of law or HUD rules and
regulations. There are excepted from
this authority, however, those referrals
and transmittals that the Inspector
General is authorized to make by law or
by delegation of authority.
4. To accept, on behalf of the
Secretary, service of all summons,
subpoenas, and other judicial,
administrative, or legislative processes
directed to the Secretary or to an
employee of HUD in an official capacity
and to execute affidavits asserting
HUD’s deliberative process privilege.
5. Where not inconsistent with other
regulations pertaining to proceedings
before administrative law judges, to
approve the issuance of subpoenas or
interrogatories pertaining to
investigations for which responsibility
is vested in the Secretary.
6. To consider, ascertain, adjust,
determine, compromise, allow, deny or
otherwise dispose of claims under the
Federal Tort Claims Act, 28 U.S.C.
1346(b), 2671 et seq. and the Military
Personnel and Civilian Employees’
Claims Act of 1974, 31 U.S.C. 3721 et
seq.
7. To act upon the appeals and issue
final determinations on appeals of
denial of access or record correction
under the Privacy Act of 1974, except
appeals regarding records maintained by
the Office of Inspector General (Pub. L.
93–579), 5 U.S.C. 552(c).
8. To make written requests, for
purposes of civil or criminal law
enforcement activities, to other agencies
for the transfer of records or copies of
records maintained by such agencies
under subsection (b)(7) of the Privacy
Act of 1974, as amended (5 U.S.C.
552a(b)(7)) (‘‘Privacy Act’’).
9. To act upon appeals under the
Freedom of Information Act, 5 U.S.C.
552, except appeals from decisions of
the Office of Inspector General.
10. To appoint a foreclosure
commissioner or commissioners, or a
substitute foreclosure commissioner to
replace a previously designated
foreclosure commissioner under:
(a) Section 805 of the Single Family
Mortgage Foreclosure Act of 1994, 12
U.S.C. 3754; the power to fix
compensation for the foreclosure
commissioner under Section 812 of the
Single Family Mortgage Foreclosure Act
of 1994; 12 U.S.C. 3761, and to
promulgate regulations necessary to
carry out the provisions of the Single
Family Mortgage Foreclosure Act of
1994; and
(b) Section 365 of the Multifamily
Mortgage Foreclosure Act of 1981, 12
U.S.C. 3701, et seq.; the power to fix
compensation for the foreclosure
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]]>Agencies
[Federal Register Volume 74, Number 229 (Tuesday, December 1, 2009)]
[Notices]
[Pages 62801-62803]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-28787]
=======================================================================
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5367-D-01]
Consolidated Delegation of Authority To the General Counsel
AGENCY: Office of the Secretary, HUD.
ACTION: Notice of Delegation of Authority.
-----------------------------------------------------------------------
SUMMARY: On November 18, 2008, HUD published a consolidated notice of
delegation of authority from the Secretary to the General Counsel.
Today's Federal Register notice updates the November 18, 2008,
consolidated delegation of authority and supersedes all previous
delegations of authority from the Secretary to the General Counsel.
DATES: Effective Date: November 23, 2009.
FOR FURTHER INFORMATION CONTACT: Linda M. Cruciani, Deputy General
Counsel for Operations, Office of General Counsel, Department of
Housing and Urban Development, 451 7th Street, SW., Room 10240,
Washington, DC 20410-0500, telephone number 202-402-5108. (This is not
a toll-free number.) Individuals with speech or hearing impairments may
access this number through TTY by calling 1-800-877-8339.
SUPPLEMENTARY INFORMATION: On November 18, 2008 (73 FR 68439), HUD
published a consolidated notice of delegation of authority from the
Secretary to the General Counsel. Today's Federal Register notice
updates the November 18, 2008, consolidated delegation of authority and
supersedes all previous delegations of authority from the Secretary to
the General Counsel. Published elsewhere in today's Federal Register is
a redelegation of authority from the General Counsel to subordinate
employees within the Office of General Counsel.
In addition to the authority published in today's consolidated
delegation of authority, the Secretary has delegated other authorities
to the General Counsel by regulation. These delegations include:
1. Naming the General Counsel as HUD's Designated Agency Ethics
Official; 5 CFR 7501.
2. Authorizing the General Counsel, and in some instances, the
appropriate Associate General Counsel or Regional Counsel, to respond
to subpoenas and/or other demands from the courts or other authorities;
24 CFR part 15.
3. Designating the General Counsel as the source selection
authority for the procurement of outside legal services through either
the lowest price technically acceptable or tradeoff process; 48 CFR
2415.303(a)(3).
4. Designating the General Counsel as a responsible official to
ensure the implementation of the policies of the National Environmental
Policy Act (NEPA) and other environmental
[[Page 62802]]
requirements of the Department, including the performance of the
responsibilities of a Program Environmental Clearance Officer pursuant
to 24 CFR 50.10(a), 50.16.
5. Authorizing the General Counsel, as set forth in 24 CFR parts
103 and 180, to exercise authority pertaining to civil rights statutes,
including the Fair Housing Act, 42 U.S.C. 3601 et seq.; Section 504 of
the Rehabilitation Act of 1973, as amended, 29 U.S.C. 791 et seq.; the
Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq.; and
Section 109 of the Housing and Community Development Act of 1974, as
amended, 42 U.S.C. 5301 et seq.
6. Authorizing the General Counsel to initiate a civil money
penalty action pursuant to Sections 102 and 103 of the Department of
Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3537a(c),
3545); 24 CFR part 4 in accordance with the provisions of 24 CFR part
30.
7. Authorizing the General Counsel to appoint, and fix the
compensation of a foreclosure commissioner or commissioners and
alternate commissioners, in accordance with the Multifamily Mortgage
Foreclosure Act of 1981 (12 U.S.C. 3701 et seq.); 24 CFR 27.10.
HUD's Program Assistant Secretaries have also delegated authority
to the General Counsel. The Assistant Secretary for Housing--Federal
Housing Commissioner has delegated authority to the General Counsel to
issue a notice of violation under the terms of a regulatory agreement;
to issue a notice of default under the terms of housing assistance
payments contracts (HAPs); to impose civil money penalties; and to take
all actions permitted under 24 CFR 30.36, 30.45, and 30.68. (71 FR
60168, October 12, 2006.)
Section 30.36 of HUD's regulations (24 CFR 30.36) authorizes the
Assistant Secretary for Housing--Federal Housing Commissioner, or
designee, to initiate civil money penalty action against any principal,
officer, or employee of a mortgagee or lender, or other participant or
any provider of assistance to a borrower in connection with any such
mortgage or loan, including: sellers, borrowers, closing agents, title
companies, real estate agents, mortgage brokers, appraisers, loan
correspondents, dealers, consultants, contractors, subcontractors, and
inspectors.
Section 30.45 of HUD's regulations (24 CFR 30.45) authorizes the
Assistant Secretary for Housing--Federal Housing Commissioner, or
designee, to initiate civil money penalty action against any mortgagor
of a multifamily property with a mortgage insured, co-insured, or held
by the Secretary, pursuant to Title II of the National Housing Act or
to Section 202 of the Housing Act of 1959.
Section 30.68 of HUD's regulations (24 CFR 30.68) authorizes the
Assistant Secretary for Housing--Federal Housing Commissioner, or
designee, to initiate civil money penalty action against any owner,
general partner of a partnership, or agent employed to manage the
property that has an identity of interest with the owner or general
partner receiving project-based assistance under Section 8 of the
United States Housing Act of 1937 for a knowing and material breach of
housing assistance payment (HAP) contracts.
Section A. Authority
The Secretary of Housing and Urban Development hereby delegates the
following authorities to the General Counsel:
1. To interpret the authority of the Secretary and to determine
whether the issuance of any rule, regulation, statement of policy, or
standard promulgated by HUD is consistent with that authority.
2. To direct all litigation affecting HUD and to sign, acknowledge,
and verify on behalf of and in the name of the Secretary all
declarations, bills, petitions, pleas, complaints, answers, and other
pleadings in any court proceeding brought in the name of or against the
Secretary or in which the Secretary is a named party.
3. To direct the referral of cases and other matters to the
Attorney General for appropriate legal action and to transmit
information and material pertaining to the violation of law or HUD
rules and regulations. Excepted from this authority, however, are those
referrals and transmittals that the Inspector General is authorized to
make by law or by delegation of authority.
4. To accept, on behalf of the Secretary, service of all summons,
subpoenas, and other judicial, administrative, or legislative processes
directed to the Secretary or to an employee of HUD in an official
capacity, and to execute affidavits asserting HUD's deliberative
process privilege.
5. Where not inconsistent with other regulations pertaining to
proceedings before administrative law judges, to approve the issuance
of subpoenas or interrogatories pertaining to investigations for which
responsibility is vested in the Secretary.
6. To consider, ascertain, adjust, determine, compromise, allow,
deny, or otherwise dispose of claims under the Federal Tort Claims Act,
28 U.S.C. 1346(b), 2671 et seq. and the Military Personnel and Civilian
Employees' Claims Act of 1974, 31 U.S.C. 3721 et seq.
7. To act upon the appeals and issue final determinations on
appeals of denial of access or record correction under the Privacy Act
of 1974, except appeals regarding records maintained by the Office of
Inspector General (Pub. L. 93-579), 5 U.S.C. 552(c).
8. To make written requests, for purposes of civil or criminal law
enforcement activities, to other agencies for the transfer of records
or copies of records maintained by such agencies under subsection
(b)(7) of the Privacy Act of 1974, as amended (5 U.S.C. 552a(b)(7)).
9. To act upon appeals under the Freedom of Information Act, 5
U.S.C. 552, except appeals from decisions of the Office of Inspector
General.
10. To appoint a foreclosure commissioner or commissioners, or a
substitute foreclosure commissioner, to replace a previously designated
foreclosure commissioner under:
(a) Section 805 of the Single Family Mortgage Foreclosure Act of
1994, 12 U.S.C. 3754; the power to fix compensation for the foreclosure
commissioner under Section 812 of the Single Family Mortgage
Foreclosure Act of 1994, 12 U.S.C. 3761; and to promulgate regulations
necessary to carry out the provisions of the Single Family Mortgage
Foreclosure Act of 1994; and
(b) Section 365 of the Multifamily Mortgage Foreclosure Act of
1981, 12 U.S.C. 3701, et seq.; the power to fix compensation for the
foreclosure commissioner under Section 369(c) of the Multifamily
Mortgage Foreclosure Act of 1981, 12 U.S.C. 3701, et seq.; and to
promulgate regulations necessary to carry out the provisions of the
Multifamily Mortgage Foreclosure Act of 1981.
11. To make determinations and certifications required under
Section 1114 of the Right to Financial Privacy Act, 12 U.S.C. 3401, et
seq.
12. To designate authorized officials to exercise the powers or
perform the duties of the General Counsel, through an order of
succession (subject to the provisions of the Federal Vacancies Reform
Act of 1998, 5 U.S.C. 3345-3349d), during any period when, by reason of
absence, disability, or vacancy in office, the General Counsel for HUD
is not available.
13. To serve as an Attesting Officer and to cause the seal of HUD
to be affixed to such documents as may require its application and to
certify that a copy of any book, paper, microfilm, or
[[Page 62803]]
other document is a true copy of that in the files of HUD.
14. To act as the designated official under Section 5(a) of
Executive Order 12630, Governmental Actions and Interference With
Constitutionally Protected Property Rights, issued March 15, 1987, (53
FR 8859, March 18, 1988) consistent with Executive Order 13406,
Protecting the Property Rights of the American People, issued June 23,
2006 (71 FR 36973, June 28, 2006).
15. To make determinations of federalism implications, preemption,
or the need for consultations with state and local officials as
required by Executive Order 13131, Federalism, issued August 4, 1999
(64 FR 43255, August 10, 1999).
Section B. Authority to Redelegate
The General Counsel is authorized to redelegate to employees of HUD
any of the authority delegated under Section A above.
Section C. Authority Superseded
This delegation supersedes all previous delegations of authority
from the Secretary to the General Counsel.
Authority: Section 7(d) Department of Housing and Urban
Development Act (42 U.S.C. 3535(d)).
Dated: November 23, 2009.
Shaun Donovan,
Secretary.
[FR Doc. E9-28787 Filed 11-30-09; 8:45 am]
BILLING CODE 4210-67-P
