HUD Office of Hearings and Appeals, 8194-8197 [2022-03007]
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8194
Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations
Automatic Class III Designation)’’ have
been approved under OMB control
number 0910–0844; the collections of
information in 21 CFR part 814,
subparts A through E, regarding
premarket approval, have been
approved under OMB control number
0910–0231; the collections of
information in part 807, subpart E,
regarding premarket notification
submissions, have been approved under
OMB control number 0910–0120; the
collections of information in 21 CFR
part 820, regarding quality system
regulation, have been approved under
OMB control number 0910–0073; and
the collections of information in 21 CFR
part 801, regarding labeling, have been
approved under OMB control number
0910–0485.
List of Subjects in 21 CFR Part 880
Medical devices.
Therefore, under the Federal Food,
Drug, and Cosmetic Act and under
authority delegated to the Commissioner
of Food and Drugs, 21 CFR part 880 is
amended as follows:
PART 880—GENERAL HOSPITAL AND
PERSONAL USE DEVICES
1. The authority citation for part 880
continues to read as follows:
■
processing system, which should be
validated over the claimed shelf life.
(ii) The resistance characteristics of
the viable spores on the strip should be
defined and be validated over the
claimed shelf life.
(iii) The spore strip description
should address the carrier material, how
the spores are placed on the carrier, and
whether there is any feature that
minimizes spore wash off. Bacteriostasis
of the spore strip materials should be
evaluated.
(iv) Incubation time for viable spores
on the strip should be validated under
the specified incubation conditions over
the claimed shelf life.
(2) Simulated Use Testing. Simulated
use testing should demonstrate
performance of spore test strip in liquid
chemical sterilant/high level
disinfectant under worst case in use
conditions over the claimed shelf life.
(3) Labeling. Labeling should specify
appropriate instructions, warnings,
cautions, limitations, and information
relating to viable spore population,
resistance characteristics, and
interpretation of a ‘‘no growth’’ result.
Dated: February 7, 2022.
Lauren K. Roth,
Associate Commissioner for Policy.
[FR Doc. 2022–03104 Filed 2–11–22; 8:45 am]
Authority: 21 U.S.C. 351, 360, 360c, 360e,
360j, 360l, 371.
2. Add § 880.6887 to subpart G to read
as follows:
BILLING CODE 4164–01–P
■
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§ 880.6887
Spore test strip.
(a) Identification. The spore test strip
consists of a carrier or strip with a
known number of spores, at least 5 log10
per strip, of known resistance to a
particular liquid chemical sterilant in a
liquid chemical sterilant processing
system. A ‘‘no growth’’ result from the
spore test strip after the specified
predetermined incubation period
indicates that the liquid chemical
sterilization process achieved the
conditions necessary to kill the
specified minimum number of viable
spores on the test strip which is 5 log10
spores/strip; it does not confirm the
expected full performance of the liquid
chemical sterilant processing cycle
because full performance is a 6 log10
spore kill in a full liquid chemical
sterilization cycle.
(b) Classification. Class II (special
controls). The special controls for this
device are:
(1) Spore strip characterization. (i)
Population of viable spores on strip
shall be a minimum of 5 log10 after
physical wash off of spores from the
strip by exposure to liquid chemical
sterilant in the liquid chemical sterilant
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DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 14, 17, 20, 26, 28, 30, 81,
103, 180, and 570
[Docket No. FR–6285–F–01]
HUD Office of Hearings and Appeals
AGENCY:
Office of Hearings and Appeals,
HUD.
ACTION:
Final rule.
This final rule amends HUD’s
regulations regarding HUD’s Office of
Hearings and Appeals (OHA). This rule
makes conforming changes to HUD
regulations to reflect the office’s proper
title, to remove references to the
terminated HUD Board of Contract
Appeals, and to add a reference to
recent Supreme Court precedent
regarding the proper appointment
procedure for administrative law judges
and administrative judges.
DATES: Effective March 16, 2022.
FOR FURTHER INFORMATION CONTACT:
J. Jeremiah Mahoney, Chief
Administrative Law Judge, Office of
Hearings and Appeals, Department of
Housing and Urban Development, 451
7th Street SW, Room B–133,
SUMMARY:
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Washington, DC 20410, 202–254–0000
(not a toll-free number). Hearing- or
speech-impaired individuals may access
this number via TTY by calling the
Federal Relay Service at 800–877–8339
(toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The HUD Office of Hearings and
Appeals (OHA) is an independent
judicial office within HUD’s Office of
the Secretary. The OHA is headed by
the Chief Administrative Law Judge,
who supervises the judges and the
professional and administrative support
staffs.
Each Administrative Judge and each
Administrative Law Judge is appointed
by the HUD Secretary as an Officer of
the United States. The Judges also may
be appointed through contracts with
other U.S. Department heads and
Federal Agency heads to conduct
hearings and issue decisions on matters
before their respective agencies.
The OHA Judges function as
independent and impartial triers of fact
responsible for presiding over
adversarial hearings, and adjudicating
appeals, based upon alleged violations
of Federal statutes or their
implementing regulations.
Hearing procedures are established by
agency regulations and are guided by
the rules applicable to trials in a U.S.
district court. In each case, the judge
makes an impartial decision based upon
the law, and the facts established by the
evidence.
II. This Final Rule
This final rule updates HUD’s
regulations in 24 CFR parts 14, 17, 20,
26, 28, 30, 81, 103, 180, and 570, to
reflect that the office’s title is ‘‘Office of
Hearings and Appeals,’’ as changed by
the HUD Secretary. These HUD
regulations contain outdated references
to the ‘‘Office of Administrative Law
Judges,’’ ‘‘Office of Appeals,’’ and
‘‘Board of Contract Appeals.’’ This final
rule updates HUD regulations
throughout Title 24 to reflect these
changes. While this final rule updates
those sections of Title 24 that use
outdated language that also implicate
the hearing procedures at 24 CFR part
180, there are other sections of Title 24
that rely on the hearing procedures at 24
CFR part 180, which do not require the
conforming amendments made by this
final rule, including 24 CFR parts 1, 3,
6, 8, and 146. These sections of Title 24
implement federal civil rights statutes,
which continue to rely on 24 CFR part
180 for administrative enforcement
procedures.
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OHA was formed at the end of 2007
after the HUD Board of Contract
Appeals, along with other agencies’
boards of contract appeals, was
consolidated into the Civilian Board of
Contract Appeals. The Civilian Board of
Contract Appeals is an independent
tribunal housed within the U.S. General
Services Administration, pursuant to
section 847 of the National Defense
Authorization Act for Fiscal Year 2006
(Pub. L. 109–163, approved January 6,
2006). OHA was established to merge
the non-procurement contract dispute
functions previously performed by the
HUD Board of Contract Appeals with
the HUD Office of Administrative Law
Judges. OHA remained as an
independent office within the Office of
the Secretary. This final rule will not
change any existing OHA functions, but
will avoid internal or external confusion
as to its name, composition, location,
and contact information. This final rule
also removes an obsolete reference to a
‘‘hearing examiner’’ in 24 CFR 14.50,
because this is a former title for
Administrative Law Judges that is no
longer used in the Federal Government.
This final rule also adds language to
HUD’s regulations in 24 CFR 20.1 to
explain that Administrative Law Judges
are appointed by the HUD Secretary as
Officers of the United States, pursuant
to the Appointments Clause of the
United States Constitution. The HUD
Administrative Law Judges have also
been appointed by other U.S.
Department heads and Federal Agency
heads to conduct hearings and issue
decisions on matters before their
respective agencies. The requirement of
U.S. Department and Federal Agency
heads to appoint Administrative Law
Judges was recently recognized by the
Supreme Court in Lucia v. SEC, 585
U.S. ll (2018). HUD is adding this
language to its regulations in response
to this.
Finally, this final rule clarifies the
required qualifications for both
Administrative Judges and
Administrative Law Judges at 24 CFR
20.3(d) in accordance with the Office of
Personnel Management’s requirements
and regulations at 5 CFR part 930. All
of HUD’s Administrative Judges and
Administrative Law Judges are currently
actively licensed attorneys at law.
III. Justification for Final Rulemaking
Generally, HUD publishes a rule for
public comment before publishing a
rule for effect, in accordance with
HUD’s regulations on rulemaking at 24
CFR part 10. However, § 10.1 allows for
omission of notice and public comment
in cases of statements of policy,
interpretive rules, rules governing
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HUD’s organization or internal
practices, if the Department determines
in a particular case or class of cases that
notice and public procedure are
impracticable, unnecessary, or contrary
to the public interest. In this case, HUD
has determined that prior public
comment is unnecessary because this
rule is exclusively concerned with
fixing outdated references concerning
OHA. Specifically, the regulatory
amendments made by the final rule are
technical and non-substantive in nature,
since they are limited to updating the
terminology used in HUD’s regulations
governing administrative hearings and
appeals and adding language in
accordance with Supreme Court
precedent.
IV. Findings and Certifications
Executive Orders 12866 and 13563,
Regulatory Planning and Review
Under Executive Order 12866
(Regulatory Planning and Review) (58
FR 51735), a determination must be
made whether a regulatory action is
significant and, therefore, subject to
review by the Office of Management and
Budget (OMB) in accordance with the
requirements of the order.
Executive Order 13563 (Improving
Regulations and Regulatory Review) (76
FR 3821) directs executive agencies to
analyze regulations that are ‘‘outmoded,
ineffective, insufficient, or excessively
burdensome, and to modify, streamline,
expand, or repeal them in accordance
with what has been learned.’’ Executive
Order 13563 also directs that, where
relevant, feasible, and consistent with
regulatory objectives, and to the extent
permitted by law, agencies are to
identify and consider regulatory
approaches that reduce burdens and
maintain flexibility and freedom of
choice for the public. As discussed
above in this preamble, this final rule
updates outdated terminology and its
changes are technical and nonsubstantive in nature. HUD determined
that this rule was not significant under
Executive Order 12866 and Executive
Order 13563.
Executive Order 13132, Federalism
Executive Order 13132 (entitled
‘‘Federalism’’) (64 FR 43255) prohibits
an agency from publishing any rule that
has federalism implications if the rule
either imposes substantial direct
compliance costs on State and local
governments and is not required by
statute, or the rule preempts State law,
unless the agency meets the
consultation and funding requirements
of section 6 of the Executive Order. This
rule will not have federalism
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8195
implications and would not impose
substantial direct compliance costs on
State and local governments or preempt
State law within the meaning of the
Executive order.
Environmental Review
This final rule does not direct,
provide for assistance or loan and
mortgage insurance for, or otherwise
govern, or regulate, real property
acquisition, disposition, leasing,
rehabilitation, alteration, demolition, or
new construction, or establish, revise, or
provide for standards for construction or
construction materials, manufactured
housing, or occupancy. Accordingly,
under 24 CFR 50.19(c)(1), this final rule
is categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) generally requires an
agency to conduct a regulatory
flexibility analysis of any rule subject to
notice and comment rulemaking
requirements, unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Because HUD
determined that good cause exists to
issue this rule without prior public
comment, this rule is not subject to the
requirement to publish an initial or final
regulatory flexibility analysis under the
RFA as part of such action.
Unfunded Mandates Reform
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA) 1
requires that an agency prepare a
budgetary impact statement before
promulgating a rule that includes a
Federal mandate that may result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
in any one year. If a budgetary impact
statement is required, section 205 of
UMRA also requires an agency to
identify and consider a reasonable
number of regulatory alternatives before
promulgating a rule.2 However, the
UMRA applies only to rules for which
an agency publishes a general notice of
proposed rulemaking. As discussed
above, HUD has determined, for good
cause, that prior notice and public
comment is not required on this rule
and, therefore, the UMRA does not
apply to this final rule.
12
22
U.S.C. 1532.
U.S.C. 1535.
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Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations
List of Subjects
24 CFR Part 14
Claims, Equal access to justice,
Lawyers, Reporting and recordkeeping
requirements.
24 CFR Part 17
Administrative practice and
procedure, Claims, Government
employees, Income taxes, Wages.
PART 14—IMPLEMENTATION OF THE
EQUAL ACCESS TO JUSTICE ACT IN
ADMINISTRATIVE PROCEEDINGS
Judges and the Administrative Judges
within the Office of Hearings and
Appeals are appointed by the Secretary
of the Department pursuant to the
Appointments Clause of the United
States Constitution.
■ 8. In § 20.3, revise paragraphs (c) and
(d) to read as follows:
■
1. The authority citation for part 14
continues to read as follows:
§ 20.3 Location, organization, and officer
qualifications.
24 CFR Part 20
Administrative practice and
procedure, Government contracts,
Organization and functions
(Government agencies).
Authority: 5 U.S.C. 504(c)(1); 42 U.S.C.
3535(d).
*
24 CFR Part 26
Administrative practice and
procedure.
§ 14.50
2. In § 14.50, revise the definition of
‘‘Adjudicative officer’’ to read as
follows:
■
*
*
*
*
Adjudicative officer. The
Administrative Law Judge,
Administrative Judge of the HUD Office
of Hearings and Appeals, or other officer
designated by the Secretary, who
presided at the adversary adjudication.
*
*
*
*
*
24 CFR Part 30
Administrative practice and
procedure, Grant programs—housing
and community development, Loan
programs—housing and community
development, Mortgage insurance,
Penalties.
PART 17—ADMINISTRATIVE CLAIMS
3. The authority citation for part 17
continues to read as follows:
■
24 CFR Part 81
Accounting, Federal Reserve System,
Mortgages, Reporting and recordkeeping
requirements, Securities.
24 CFR Part 103
Administrative practice and
procedure, Aged, Fair housing,
Individuals with disabilities,
Intergovernmental relations,
Investigations, Mortgages, Penalties,
Reporting and recordkeeping
requirements.
24 CFR Part 180
Administrative practice and
procedure, Aged, Civil rights, Fair
housing, Individuals with disabilities,
Investigations, Mortgages, Penalties,
Reporting and recordkeeping
requirements.
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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).
4. In part 17:
a. Remove ‘‘Office of Appeals’’ and
add in its place ‘‘Office of Hearings and
Appeals’’ wherever it appears; and
■ b. Remove ‘‘OA’’ and add in its place
‘‘OHA’’ wherever it appears.
■ 5. In § 17.63, remove the definition of
‘‘Office of Appeals or OA’’ and add a
definition for ‘‘Office of Hearings and
Appeals’’ in alphabetical order.
The addition reads as follows:
■
■
Definitions.
*
*
*
*
*
Office of Hearings and Appeals or
OHA means the HUD Office of Hearings
and Appeals.
*
*
*
*
*
PART 20—OFFICE OF HEARINGS AND
APPEALS
6. The authority citation for part 20
continues to read as follows:
■
Authority: 42 U.S.C. 3535(d).
■
*
*
*
*
(c) Organization. The Office of
Hearings and Appeals is supervised by
the Chief Administrative Law Judge and
a Deputy Chief Administrative Law
Judge.
(d) Officer qualifications. (1) The
Administrative Judges of the Office of
Hearings and Appeals shall be attorneys
at law actively licensed by any state,
commonwealth, territory, or the District
of Columbia.
(2) The Administrative Law Judges of
the Office of Hearings and Appeals shall
be qualified in accordance with the
Office of Personnel Management
regulations at 5 CFR part 930.
■ 9. In § 20.5, revise the section heading
and in the first sentence remove ‘‘Office
of Appeals’’ and add in its place ‘‘Office
of Hearings and Appeals’’.
The revision reads as follows:
§ 20.5 Jurisdiction of Office of Hearings
and Appeals.
PART 17—[Amended]
§ 17.63
24 CFR Part 570
Administrative practice and
procedure, American Samoa,
Community development block grants,
Grant programs—education, Grant
programs—housing and community
development, Guam, Indians, Loan
programs—housing and community
development, Low and moderate
income housing, Northern Mariana
Islands, Pacific Islands Trust Territory,
Puerto Rico, Reporting and
recordkeeping requirements, Student
aid, Virgin Islands.
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Definitions.
*
24 CFR Part 28
Administrative practice and
procedure, Claims, Fraud, Penalties.
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Accordingly, for the reasons described
in the preamble, HUD amends 24 CFR
parts 14, 17, 20, 26, 28, 30, 81, 103, 180,
and 570 to read as follows:
7. Revise § 20.1 to read as follows:
*
*
*
*
*
PART 26—HEARING PROCEDURES
10. The authority citation for part 26
continues to read as follows:
■
Authority: 42 U.S.C. 3535(d).
§ 26.2
[Amended]
11. In § 26.2, in paragraph (a), remove
the words ‘‘Office of Appeals’’.
■
§ 26.9
[Amended]
12. In § 26.9, in paragraph (a)(1),
remove ‘‘Office of Appeals’’ and add in
its place ‘‘Office of Hearings and
Appeals’’.
■
§ 26.29
[Amended]
13. In § 26.29, in the definition of
‘‘Docket Clerk’’, remove ‘‘Office of
Administrative Law Judges’’ and add in
its place ‘‘Office of Hearings and
Appeals’’.
■
PART 28—IMPLEMENTATION OF THE
PROGRAM FRAUD CIVIL REMEDIES
ACT OF 1986
§ 20.1 Establishment of the Office of
Hearings and Appeals.
■
There is established in the Office of
the Secretary the Office of Hearings and
Appeals. The Administrative Law
Authority: 28 U.S.C. 2461 note; 31 U.S.C.
3801–3812; 42 U.S.C. 3535(d).
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14. The authority citation for part 28
continues to read as follows:
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Federal Register / Vol. 87, No. 30 / Monday, February 14, 2022 / Rules and Regulations
§ 28.25
[Amended]
15. In § 28.25, in paragraph (a),
remove ‘‘Office of Administrative Law
Judges’’ and add in its place ‘‘Office of
Hearings and Appeals’’.
■
PART 30—CIVIL MONEY PENALTIES:
CERTAIN PROHIBITED CONDUCT
16. The authority citation for part 30
continues to read as follows:
■
17. In part 30, remove ‘‘Office of
Administrative Law Judges’’ and add in
its place ‘‘Office of Hearings and
Appeals’’ wherever it appears.
■
PART 81—THE SECRETARY OF HUD’S
REGULATION OF THE FEDERAL
NATIONAL MORTGAGE ASSOCIATION
(FANNIE MAE) AND THE FEDERAL
HOME LOAN MORTGAGE
CORPORATION (FREDDIE MAC)
19. In part 81, remove ‘‘Office of
Administrative Law Judges’’ and add in
its place ‘‘Office of Hearings and
Appeals’’ wherever it appears.
■
PART 103—FAIR HOUSING—
COMPLAINT PROCESSING
20. The authority citation for part 103
continues to read as follows:
Authority: 42 U.S.C. 3535(d), 3600–3619.
PART 103—[Amended]
21. In part 103, remove ‘‘Office of
Administrative Law Judges’’ and add in
its place ‘‘Office of Hearings and
Appeals’’ wherever it appears.
■
PART 180—CONSOLIDATED HUD
HEARING PROCEDURES FOR CIVIL
RIGHTS MATTERS
22. The authority citation for part 180
continues to read as follows:
■
Authority: 28 U.S.C. 1 note; 29 U.S.C. 794;
42 U.S.C. 2000d–1, 3535(d), 3601–3619,
5301–5320, and 6103.
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[Amended]
25. In § 570.496, in paragraph
(d)(1)(iii), remove ‘‘Office of
Administrative Law Judges’’ and add in
its place ‘‘Office of Hearings and
Appeals’’ wherever it appears.
Dated: February 8th, 2022.
Marcia L. Fudge,
Secretary.
[FR Doc. 2022–03007 Filed 2–11–22; 8:45 am]
BILLING CODE 4210–67–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Parts 60, 62, and 63
National Emission Standards for
Hazardous Air Pollutants: Municipal
Solid Waste Landfills Residual Risk
and Technology Review; Correction
Environmental Protection
Agency (EPA)
ACTION: Final rule.
AGENCY:
In this action, the U.S.
Environmental Protection Agency (EPA)
is finalizing technical revisions and
clarifications for the national emission
standards for hazardous air pollutants
(NESHAP) for MSW Landfills
established in the March 26, 2020, final
rule. This final rule also amends the
MSW Landfills NSPS at 40 CFR part 60,
subpart XXX, to clarify and align the
timing of compliance for certain
requirements involving installation of a
gas collection and control system
(GCCS) under related MSW landfill
rules. Additionally, the EPA is revising
the definition of Administrator in the
MSW Landfills Federal Plan that was
promulgated on May 21, 2021 to clarify
who has the authority to implement and
enforce the applicable requirements.
The EPA is also making some minor
typographical corrections.
DATES: The final rule is effective
February 14, 2022.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–HQ–OAR–2002–0047. All
documents in the docket are listed on
the https://www.regulations.gov/
SUMMARY:
■
23. In part 180:
a. Remove ‘‘Director of the Office of
Hearings and Appeals’’ and add in its
place ‘‘Chief Administrative Law Judge’’
wherever it appears; and
■ b. Remove ‘‘Office of ALJs’’ and add
in its place ‘‘Office of Hearings and
Appeals’’ wherever it appears.
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§ 570.496
RIN 2060–AV01
Authority: 12 U.S.C. 1451 et seq., 1716–
1723h, and 4501–4641; 28 U.S.C. 2461 note;
42 U.S.C. 3535(d) and 3601–3619.
16:05 Feb 11, 2022
Authority: 12 U.S.C. 1701x, 1701 x–1; 42
U.S.C. 3535(d) and 5301–5320.
[EPA–HQ–OAR–2002–0047; FRL–6838.1–
03–OAR]
18. The authority citation for part 81
continues to read as follows:
■
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24. The authority citation for part 570
continues to read as follows:
■
■
Authority: 12 U.S.C. 1701q–1, 1703, 1723i,
1735f–14, and 1735f–15; 15 U.S.C. 1717a; 28
U.S.C. 1 note and 2461 note; 42 U.S.C.
1437z–1 and 3535(d).
■
■
PART 570—COMMUNITY
DEVELOPMENT BLOCK GRANTS
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8197
website. Although listed, some
information is not publicly available,
e.g., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available either electronically through
https://www.regulations.gov/ or in hard
copy at the EPA Docket Center, WJC
West Building, Room 3334, 1301
Constitution Avenue NW, Washington,
DC. The EPA has temporarily
suspended its Docket Center and
Reading Room for public visitors to
reduce the risk of transmitting COVID–
19. Our Docket Center staff will
continue to provide remote customer
service via email, phone, and webform.
The EPA continues to carefully and
continuously monitor information from
the Centers for Disease Control (CDC),
local area health departments, and our
Federal partners so that the EPA can
respond rapidly as conditions change
regarding COVID–19. For further
information on EPA Docket Center
services and the current status, please
visit the docket online at https://
www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For
questions about this final action, contact
Andy Sheppard, Sector Policies and
Programs Division (E143–03), Office of
Air Quality Planning and Standards,
U.S. Environmental Protection Agency,
Research Triangle Park, North Carolina
27711; telephone number: (919) 541–
4161; fax number: (919) 541–0516; and
email address: sheppard.andy@epa.gov.
SUPPLEMENTARY INFORMATION:
Preamble acronyms and
abbreviations. The EPA uses multiple
acronyms and terms in this preamble.
While this list may not be exhaustive, to
ease the reading of this preamble and for
reference purposes, the EPA defines the
following terms and acronyms here:
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
COVID–19 coronavirus disease of 2019
EPA Environmental Protection Agency
GCCS gas collection and control system
HAP hazardous air pollutants
m3 cubic meter
Mg megagram
MSW municipal solid waste
NMOC nonmethane organic compounds
NSPS new source performance standards
NTTAA National Technology Transfer and
Advancement Act
OMB Office of Management and Budget
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
RTR risk and technology review
SSM startup, shutdown, and malfunction
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]]>Agencies
[Federal Register Volume 87, Number 30 (Monday, February 14, 2022)]
[Rules and Regulations]
[Pages 8194-8197]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-03007]
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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 14, 17, 20, 26, 28, 30, 81, 103, 180, and 570
[Docket No. FR-6285-F-01]
HUD Office of Hearings and Appeals
AGENCY: Office of Hearings and Appeals, HUD.
ACTION: Final rule.
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SUMMARY: This final rule amends HUD's regulations regarding HUD's
Office of Hearings and Appeals (OHA). This rule makes conforming
changes to HUD regulations to reflect the office's proper title, to
remove references to the terminated HUD Board of Contract Appeals, and
to add a reference to recent Supreme Court precedent regarding the
proper appointment procedure for administrative law judges and
administrative judges.
DATES: Effective March 16, 2022.
FOR FURTHER INFORMATION CONTACT: J. Jeremiah Mahoney, Chief
Administrative Law Judge, Office of Hearings and Appeals, Department of
Housing and Urban Development, 451 7th Street SW, Room B-133,
Washington, DC 20410, 202-254-0000 (not a toll-free number). Hearing-
or speech-impaired individuals may access this number via TTY by
calling the Federal Relay Service at 800-877-8339 (toll-free number).
SUPPLEMENTARY INFORMATION:
I. Background
The HUD Office of Hearings and Appeals (OHA) is an independent
judicial office within HUD's Office of the Secretary. The OHA is headed
by the Chief Administrative Law Judge, who supervises the judges and
the professional and administrative support staffs.
Each Administrative Judge and each Administrative Law Judge is
appointed by the HUD Secretary as an Officer of the United States. The
Judges also may be appointed through contracts with other U.S.
Department heads and Federal Agency heads to conduct hearings and issue
decisions on matters before their respective agencies.
The OHA Judges function as independent and impartial triers of fact
responsible for presiding over adversarial hearings, and adjudicating
appeals, based upon alleged violations of Federal statutes or their
implementing regulations.
Hearing procedures are established by agency regulations and are
guided by the rules applicable to trials in a U.S. district court. In
each case, the judge makes an impartial decision based upon the law,
and the facts established by the evidence.
II. This Final Rule
This final rule updates HUD's regulations in 24 CFR parts 14, 17,
20, 26, 28, 30, 81, 103, 180, and 570, to reflect that the office's
title is ``Office of Hearings and Appeals,'' as changed by the HUD
Secretary. These HUD regulations contain outdated references to the
``Office of Administrative Law Judges,'' ``Office of Appeals,'' and
``Board of Contract Appeals.'' This final rule updates HUD regulations
throughout Title 24 to reflect these changes. While this final rule
updates those sections of Title 24 that use outdated language that also
implicate the hearing procedures at 24 CFR part 180, there are other
sections of Title 24 that rely on the hearing procedures at 24 CFR part
180, which do not require the conforming amendments made by this final
rule, including 24 CFR parts 1, 3, 6, 8, and 146. These sections of
Title 24 implement federal civil rights statutes, which continue to
rely on 24 CFR part 180 for administrative enforcement procedures.
[[Page 8195]]
OHA was formed at the end of 2007 after the HUD Board of Contract
Appeals, along with other agencies' boards of contract appeals, was
consolidated into the Civilian Board of Contract Appeals. The Civilian
Board of Contract Appeals is an independent tribunal housed within the
U.S. General Services Administration, pursuant to section 847 of the
National Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109-
163, approved January 6, 2006). OHA was established to merge the non-
procurement contract dispute functions previously performed by the HUD
Board of Contract Appeals with the HUD Office of Administrative Law
Judges. OHA remained as an independent office within the Office of the
Secretary. This final rule will not change any existing OHA functions,
but will avoid internal or external confusion as to its name,
composition, location, and contact information. This final rule also
removes an obsolete reference to a ``hearing examiner'' in 24 CFR
14.50, because this is a former title for Administrative Law Judges
that is no longer used in the Federal Government.
This final rule also adds language to HUD's regulations in 24 CFR
20.1 to explain that Administrative Law Judges are appointed by the HUD
Secretary as Officers of the United States, pursuant to the
Appointments Clause of the United States Constitution. The HUD
Administrative Law Judges have also been appointed by other U.S.
Department heads and Federal Agency heads to conduct hearings and issue
decisions on matters before their respective agencies. The requirement
of U.S. Department and Federal Agency heads to appoint Administrative
Law Judges was recently recognized by the Supreme Court in Lucia v.
SEC, 585 U.S. __ (2018). HUD is adding this language to its regulations
in response to this.
Finally, this final rule clarifies the required qualifications for
both Administrative Judges and Administrative Law Judges at 24 CFR
20.3(d) in accordance with the Office of Personnel Management's
requirements and regulations at 5 CFR part 930. All of HUD's
Administrative Judges and Administrative Law Judges are currently
actively licensed attorneys at law.
III. Justification for Final Rulemaking
Generally, HUD publishes a rule for public comment before
publishing a rule for effect, in accordance with HUD's regulations on
rulemaking at 24 CFR part 10. However, Sec. 10.1 allows for omission
of notice and public comment in cases of statements of policy,
interpretive rules, rules governing HUD's organization or internal
practices, if the Department determines in a particular case or class
of cases that notice and public procedure are impracticable,
unnecessary, or contrary to the public interest. In this case, HUD has
determined that prior public comment is unnecessary because this rule
is exclusively concerned with fixing outdated references concerning
OHA. Specifically, the regulatory amendments made by the final rule are
technical and non-substantive in nature, since they are limited to
updating the terminology used in HUD's regulations governing
administrative hearings and appeals and adding language in accordance
with Supreme Court precedent.
IV. Findings and Certifications
Executive Orders 12866 and 13563, Regulatory Planning and Review
Under Executive Order 12866 (Regulatory Planning and Review) (58 FR
51735), a determination must be made whether a regulatory action is
significant and, therefore, subject to review by the Office of
Management and Budget (OMB) in accordance with the requirements of the
order.
Executive Order 13563 (Improving Regulations and Regulatory Review)
(76 FR 3821) directs executive agencies to analyze regulations that are
``outmoded, ineffective, insufficient, or excessively burdensome, and
to modify, streamline, expand, or repeal them in accordance with what
has been learned.'' Executive Order 13563 also directs that, where
relevant, feasible, and consistent with regulatory objectives, and to
the extent permitted by law, agencies are to identify and consider
regulatory approaches that reduce burdens and maintain flexibility and
freedom of choice for the public. As discussed above in this preamble,
this final rule updates outdated terminology and its changes are
technical and non-substantive in nature. HUD determined that this rule
was not significant under Executive Order 12866 and Executive Order
13563.
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') (64 FR 43255)
prohibits an agency from publishing any rule that has federalism
implications if the rule either imposes substantial direct compliance
costs on State and local governments and is not required by statute, or
the rule preempts State law, unless the agency meets the consultation
and funding requirements of section 6 of the Executive Order. This rule
will not have federalism implications and would not impose substantial
direct compliance costs on State and local governments or preempt State
law within the meaning of the Executive order.
Environmental Review
This final rule does not direct, provide for assistance or loan and
mortgage insurance for, or otherwise govern, or regulate, real property
acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction, or establish, revise, or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this
final rule is categorically excluded from environmental review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) generally
requires an agency to conduct a regulatory flexibility analysis of any
rule subject to notice and comment rulemaking requirements, unless the
agency certifies that the rule will not have a significant economic
impact on a substantial number of small entities. Because HUD
determined that good cause exists to issue this rule without prior
public comment, this rule is not subject to the requirement to publish
an initial or final regulatory flexibility analysis under the RFA as
part of such action.
Unfunded Mandates Reform
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) \1\
requires that an agency prepare a budgetary impact statement before
promulgating a rule that includes a Federal mandate that may result in
the expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $100 million or more in any one
year. If a budgetary impact statement is required, section 205 of UMRA
also requires an agency to identify and consider a reasonable number of
regulatory alternatives before promulgating a rule.\2\ However, the
UMRA applies only to rules for which an agency publishes a general
notice of proposed rulemaking. As discussed above, HUD has determined,
for good cause, that prior notice and public comment is not required on
this rule and, therefore, the UMRA does not apply to this final rule.
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\1\ 2 U.S.C. 1532.
\2\ 2 U.S.C. 1535.
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[[Page 8196]]
List of Subjects
24 CFR Part 14
Claims, Equal access to justice, Lawyers, Reporting and
recordkeeping requirements.
24 CFR Part 17
Administrative practice and procedure, Claims, Government
employees, Income taxes, Wages.
24 CFR Part 20
Administrative practice and procedure, Government contracts,
Organization and functions (Government agencies).
24 CFR Part 26
Administrative practice and procedure.
24 CFR Part 28
Administrative practice and procedure, Claims, Fraud, Penalties.
24 CFR Part 30
Administrative practice and procedure, Grant programs--housing and
community development, Loan programs--housing and community
development, Mortgage insurance, Penalties.
24 CFR Part 81
Accounting, Federal Reserve System, Mortgages, Reporting and
recordkeeping requirements, Securities.
24 CFR Part 103
Administrative practice and procedure, Aged, Fair housing,
Individuals with disabilities, Intergovernmental relations,
Investigations, Mortgages, Penalties, Reporting and recordkeeping
requirements.
24 CFR Part 180
Administrative practice and procedure, Aged, Civil rights, Fair
housing, Individuals with disabilities, Investigations, Mortgages,
Penalties, Reporting and recordkeeping requirements.
24 CFR Part 570
Administrative practice and procedure, American Samoa, Community
development block grants, Grant programs--education, Grant programs--
housing and community development, Guam, Indians, Loan programs--
housing and community development, Low and moderate income housing,
Northern Mariana Islands, Pacific Islands Trust Territory, Puerto Rico,
Reporting and recordkeeping requirements, Student aid, Virgin Islands.
Accordingly, for the reasons described in the preamble, HUD amends
24 CFR parts 14, 17, 20, 26, 28, 30, 81, 103, 180, and 570 to read as
follows:
PART 14--IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN
ADMINISTRATIVE PROCEEDINGS
0
1. The authority citation for part 14 continues to read as follows:
Authority: 5 U.S.C. 504(c)(1); 42 U.S.C. 3535(d).
0
2. In Sec. 14.50, revise the definition of ``Adjudicative officer'' to
read as follows:
Sec. 14.50 Definitions.
* * * * *
Adjudicative officer. The Administrative Law Judge, Administrative
Judge of the HUD Office of Hearings and Appeals, or other officer
designated by the Secretary, who presided at the adversary
adjudication.
* * * * *
PART 17--ADMINISTRATIVE CLAIMS
0
3. The authority citation for part 17 continues 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).
PART 17--[Amended]
0
4. In part 17:
0
a. Remove ``Office of Appeals'' and add in its place ``Office of
Hearings and Appeals'' wherever it appears; and
0
b. Remove ``OA'' and add in its place ``OHA'' wherever it appears.
0
5. In Sec. 17.63, remove the definition of ``Office of Appeals or OA''
and add a definition for ``Office of Hearings and Appeals'' in
alphabetical order.
The addition reads as follows:
Sec. 17.63 Definitions.
* * * * *
Office of Hearings and Appeals or OHA means the HUD Office of
Hearings and Appeals.
* * * * *
PART 20--OFFICE OF HEARINGS AND APPEALS
0
6. The authority citation for part 20 continues to read as follows:
Authority: 42 U.S.C. 3535(d).
0
7. Revise Sec. 20.1 to read as follows:
Sec. 20.1 Establishment of the Office of Hearings and Appeals.
There is established in the Office of the Secretary the Office of
Hearings and Appeals. The Administrative Law Judges and the
Administrative Judges within the Office of Hearings and Appeals are
appointed by the Secretary of the Department pursuant to the
Appointments Clause of the United States Constitution.
0
8. In Sec. 20.3, revise paragraphs (c) and (d) to read as follows:
Sec. 20.3 Location, organization, and officer qualifications.
* * * * *
(c) Organization. The Office of Hearings and Appeals is supervised
by the Chief Administrative Law Judge and a Deputy Chief Administrative
Law Judge.
(d) Officer qualifications. (1) The Administrative Judges of the
Office of Hearings and Appeals shall be attorneys at law actively
licensed by any state, commonwealth, territory, or the District of
Columbia.
(2) The Administrative Law Judges of the Office of Hearings and
Appeals shall be qualified in accordance with the Office of Personnel
Management regulations at 5 CFR part 930.
0
9. In Sec. 20.5, revise the section heading and in the first sentence
remove ``Office of Appeals'' and add in its place ``Office of Hearings
and Appeals''.
The revision reads as follows:
Sec. 20.5 Jurisdiction of Office of Hearings and Appeals.
* * * * *
PART 26--HEARING PROCEDURES
0
10. The authority citation for part 26 continues to read as follows:
Authority: 42 U.S.C. 3535(d).
Sec. 26.2 [Amended]
0
11. In Sec. 26.2, in paragraph (a), remove the words ``Office of
Appeals''.
Sec. 26.9 [Amended]
0
12. In Sec. 26.9, in paragraph (a)(1), remove ``Office of Appeals''
and add in its place ``Office of Hearings and Appeals''.
Sec. 26.29 [Amended]
0
13. In Sec. 26.29, in the definition of ``Docket Clerk'', remove
``Office of Administrative Law Judges'' and add in its place ``Office
of Hearings and Appeals''.
PART 28--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF
1986
0
14. The authority citation for part 28 continues to read as follows:
Authority: 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812; 42 U.S.C.
3535(d).
[[Page 8197]]
Sec. 28.25 [Amended]
0
15. In Sec. 28.25, in paragraph (a), remove ``Office of Administrative
Law Judges'' and add in its place ``Office of Hearings and Appeals''.
PART 30--CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT
0
16. The authority citation for part 30 continues to read as follows:
Authority: 12 U.S.C. 1701q-1, 1703, 1723i, 1735f-14, and 1735f-
15; 15 U.S.C. 1717a; 28 U.S.C. 1 note and 2461 note; 42 U.S.C.
1437z-1 and 3535(d).
0
17. In part 30, remove ``Office of Administrative Law Judges'' and add
in its place ``Office of Hearings and Appeals'' wherever it appears.
PART 81--THE SECRETARY OF HUD'S REGULATION OF THE FEDERAL NATIONAL
MORTGAGE ASSOCIATION (FANNIE MAE) AND THE FEDERAL HOME LOAN
MORTGAGE CORPORATION (FREDDIE MAC)
0
18. The authority citation for part 81 continues to read as follows:
Authority: 12 U.S.C. 1451 et seq., 1716-1723h, and 4501-4641;
28 U.S.C. 2461 note; 42 U.S.C. 3535(d) and 3601-3619.
0
19. In part 81, remove ``Office of Administrative Law Judges'' and add
in its place ``Office of Hearings and Appeals'' wherever it appears.
PART 103--FAIR HOUSING--COMPLAINT PROCESSING
0
20. The authority citation for part 103 continues to read as follows:
Authority: 42 U.S.C. 3535(d), 3600-3619.
PART 103--[Amended]
0
21. In part 103, remove ``Office of Administrative Law Judges'' and add
in its place ``Office of Hearings and Appeals'' wherever it appears.
PART 180--CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS
MATTERS
0
22. The authority citation for part 180 continues to read as follows:
Authority: 28 U.S.C. 1 note; 29 U.S.C. 794; 42 U.S.C. 2000d-1,
3535(d), 3601-3619, 5301-5320, and 6103.
0
23. In part 180:
0
a. Remove ``Director of the Office of Hearings and Appeals'' and add in
its place ``Chief Administrative Law Judge'' wherever it appears; and
0
b. Remove ``Office of ALJs'' and add in its place ``Office of Hearings
and Appeals'' wherever it appears.
PART 570--COMMUNITY DEVELOPMENT BLOCK GRANTS
0
24. The authority citation for part 570 continues to read as follows:
Authority: 12 U.S.C. 1701x, 1701 x-1; 42 U.S.C. 3535(d) and
5301-5320.
Sec. 570.496 [Amended]
0
25. In Sec. 570.496, in paragraph (d)(1)(iii), remove ``Office of
Administrative Law Judges'' and add in its place ``Office of Hearings
and Appeals'' wherever it appears.
Dated: February 8th, 2022.
Marcia L. Fudge,
Secretary.
[FR Doc. 2022-03007 Filed 2-11-22; 8:45 am]
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