61754 Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Proposed Rules 

2Comments on the proposal are available at 

http://www.sec.gov/comments/s7-14-08/ 

s71408.shtml. 

and the comment period initially closed 

on September 10, 2008. 

The Commission has received 

numerous letters, including from state 

insurance commissioners, members of 

Congress, and others, requesting that the 

comment period be extended.2 In 

general, these commenters indicated 

that an extension would help them 

analyze the proposal and prepare 

meaningful comments. In order to 

provide additional time for the public to 

thoroughly consider the proposal, and 

in view of the significant continuing 

public interest in the proposal, the 

Commission believes that it is 

appropriate to reopen the comment 

period. Accordingly, we will reopen the 

comment period for an additional 30 

days. 

By the Commission. 

Dated: October 10, 2008. 

Florence E. Harmon, 

Acting Secretary. 

[FR Doc. E8–24625 Filed 10–16–08; 8:45 am] 

BILLING CODE 8011–01–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 30 

[Docket No. FR–5081–P–01] 

RIN 2501–AD23 

Civil Money Penalties: Certain 

Prohibited Conduct 

AGENCY: Office of General Counsel, 

HUD. 

ACTION: Proposed rule. 

SUMMARY: This rule would revise HUD’s 

regulations that govern the imposition 

of civil money penalties. Specifically, 

the rule would revise the definition of 

‘‘material or materially’’ and add a 

definition of ‘‘ability to pay,’’ which is 

one factor used in determining the 

appropriateness of the amount of any 

civil money penalty. Additionally, the 

proposed rule would require 

respondents, in their responses to the 

prepenalty notice, to specifically 

address the factors used in determining 

the appropriateness and amount of civil 

money penalty. This rule would also 

allow Government Counsel to file 

complaints on behalf of the Mortgagee 

Review Board and departmental 

officials. Finally, this rule would make 

other minor clarifying changes. 

DATES: Comment Due Date: December 

16, 2008. 

ADDRESSES: Interested persons are 

invited to submit comments regarding 

this rule to the Regulations Division, 

Office of General Counsel, Department 

of Housing and Urban Development, 

451 7th Street, SW., Room 10276, 

Washington, DC 20410–0500. Interested 

persons also may submit comments 

electronically through The Federal 

eRulemaking Portal at 

www.regulations.gov. HUD strongly 

encourages commenters to submit 

comments electronically in order to 

make them immediately available to the 

public. Commenters should follow the 

instructions provided on that site to 

submit comments electronically. 

Facsimile (FAX) comments are not 

acceptable. In all cases, communications 

must refer to the docket number and 

title. All comments and 

communications submitted to HUD will 

be available for public inspection and 

copying between 8 a.m. and 5 p.m. 

weekdays at the above address. Due to 

security measures at the HUD 

Headquarters building, an advance 

appointment to review the public 

comments must be scheduled by calling 

the Regulations Division at 202–708– 

3055 (this is not a toll-free number). 

Copies of all comments submitted are 

available for inspection and 

downloading at www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Dane Narode, Acting 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 Dane.M.Narode@hud.gov. 

Hearing- or speech-impaired individuals 

may access the telephone number listed 

above by calling the toll-free Federal 

Information Relay Service at 800–877– 

8339. 

SUPPLEMENTARY INFORMATION: 

I. Proposed Rule 

HUD’s civil money penalties 

regulations are located in 24 CFR part 

30. In general, 24 CFR part 30 outlines 

the procedures and requirements that 

concern violations, prepenalty notices, 

and complaints. This proposed rule 

would make several revisions in 24 CFR 

part 30. 

First, ‘‘ability to pay’’ is one of the 

factors used in determining the 

appropriateness of civil money penalties 

under § 30.80(c). To provide more 

clarity with respect to this factor, HUD 

proposes to define ‘‘ability to pay’’ in 

§ 30.10. As defined, ‘‘ability to pay’’ 

would be determined based on the 

respondent’s resources available 

presently and prospectively, from which 

the Department could ultimately recover 

the total award. The definition would 

also allow for the consideration of 

respondent’s resources to be based on 

historical evidence. This would include 

an analysis of the resources available to 

the respondent from which the 

respondent could pay the judgment in 

one lump sum, over time, or at some 

point in the future. This analysis would 

also examine the resources from which 

the Department could obtain enforced 

collection or administrative offset. A 

second modification would revise the 

definition of ‘‘Material’’ or ‘‘Materially’’ 

to mean anything having the natural 

tendency or potential to influence, or, 

considering the totality of the 

circumstances, in some significant 

respect or to some significant degree. To 

rise to the level of material, acts or 

conduct would not be required to 

actually influence a decision or course 

of action by the Department, but merely 

to have the potential to do so. Therefore, 

this revised definition would not 

require ‘‘but for’’ or actual causation for 

an act or conduct to be material. 

Moreover, after revision, the definition 

of material would no longer require 

consideration of any factor listed in 

§ 30.80, which are generally to be used 

only to determine the amount of the 

civil money penalty imposed, if any, but 

would permit the Department to 

introduce evidence of the relevant 

factors to establish the significance of a 

violation in light of the totality of the 

circumstances. 

Additionally, this proposed rule 

would revise § 30.35, the section that 

lists the actions authorized against a 

mortgagee or lender. Currently, 

§ 30.35(a)(14) includes failure to comply 

with ‘‘the terms of a settlement 

agreement with HUD’’ among the list of 

actions for which the Mortgagee Review 

Board may initiate a civil money 

penalty action. The proposed revision 

would delete this provision as a basis 

upon which HUD may initiate a civil 

money penalty action against a 

mortgagee or lender. 

HUD is seeking to clarify some 

apparent ambiguity in §§ 30.45 and 

30.68. First, this proposed rule would 

revise § 30.45(d) to clarify that the 

violation of programmatic procedures 

and standards are indicators of 

unsatisfactory management. In addition, 

this proposed rule would modify 

§ 30.68(b) to clarify that any violation of 

a housing assistance payments contract 

may result in the imposition of a civil 

money penalty. HUD has learned that 

some confusion exists about whether 

the violations in § 30.68(b)(1) and (b)(2) 

are exhaustive. The proposed rule 


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Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Proposed Rules 61755 

would establish that the specific 

violations listed are merely examples 

and not an exhaustive list. 

This proposed rule would revise 

section 30.70 to require the prepenalty 

notice to inform the respondent that if 

a determination is made to seek civil 

penalties and a complaint is issued 

under § 30.85, the respondent will have 

the ability to request a hearing. 

Additionally, this proposed rule would 

require both the Department and 

respondent to preserve documents 

related to the matters contained in the 

prepenalty notice, upon receipt of the 

notice by the respondent. 

In order to enable adequate 

consideration of the factors used in 

determining the appropriateness and 

amount of any penalty, this proposed 

rule would also revise § 30.75, which 

establishes the procedures for 

responding to prepenalty notices. As 

revised, § 30.75 would require that a 

response to a prepenalty notice address 

the factors set forth in § 30.80 and 

include any argument opposing the 

imposition of a civil money penalty. 

Additionally, this proposed rule would 

require the respondent to provide 

documentary support as part of its 

response in any case in which the 

respondent seeks to raise ability to pay 

as an affirmative defense or argument in 

mitigation. 

Further, § 30.80 is revised to clarify 

that the factors listed are to be 

considered after a determination has 

been made that a knowing and material 

violation has occurred subjecting the 

respondent to liability for a civil money 

penalty. Additionally, § 30.80 is revised 

to clarify that consideration may be 

given to any prior offenses and would 

delete references to the effective dates of 

specific sections of this part. The 

proposed rule would also clarify that 

the respondent’s ability to pay need not 

be proven by the Department, but is 

presumed unless specifically raised by 

the respondent as an affirmative defense 

or mitigating factor. As such, the 

respondent bears the burden of proof for 

the affirmative defense or mitigating 

factor in accordance with the 

Department’s regulations at 24 CFR 

26.45(e). 

This proposed rule would also revise 

§ 30.85(b) and (d) and add subsection (e) 

to clarify the complaint requirements. 

First, § 30.85(b) would be revised to 

state that the complaint under § 30.85 

will be issued by government counsel 

on behalf of the government officials 

authorized to issue such complaints. In 

addition, under section 536 of the 

National Housing Act (12 U.S.C. 1735f– 

14(b)(3)), HUD is required to inform the 

Attorney General before taking action to 

impose a civil money penalty under 

§§ 30.35, 30.36, or 30.50. The 

requirement for notifying the Attorney 

General, currently in § 30.85(d), is being 

revised by codifying this provision at 

§ 30.85(e). The revised § 30.85(e) more 

closely conforms to the statutory 

requirement and adds a requirement 

that the complaint state that this action 

has been taken. 

This proposed rule would revise 

§ 30.90 to state that the respondent may 

request a hearing within 15 days of 

receipt of the complaint and that if such 

a hearing is requested, the respondent’s 

answer to the complaint would be due 

30 days from receipt of the complaint. 

Finally, this proposed rule would 

revise § 30.100 to clarify that it applies 

only to the settlement of an action that 

could be brought under part 30 and to 

permit the execution of a settlement 

agreement by a designee of the 

Mortgagee Review Board. 

II. Solicitation of Specific Comments 

HUD welcomes comments on all 

aspects of this proposed rule. HUD is 

also soliciting comments on whether to 

remove from the regulations the 

provisions concerning the issuance of a 

prepenalty notice, and to instead codify 

in this proposed rule only those 

procedures beginning with the issuance 

of a determination to seek civil money 

penalties. The authorizing statutes do 

not require the issuance of such 

prepenalty notices, and HUD is 

interested in commenters’ views as to 

whether the formal codification of the 

issuance of prepenalty notices is 

necessary. Were the Department to 

remove the prepenalty provisions from 

any final regulation, the regulatory 

process would begin with the issuance 

of a notice of determination and 

complaint by the authorized official, as 

required by § 30.85, notifying the 

respondent of the Department’s intent to 

seek civil money penalties. 

Should the Department decide to 

remove the prepenalty notice provisions 

from any final rule, the Department still 

would be favorably disposed to utilizing 

a more informal pre-complaint process 

that, though not specifically set forth in 

regulation, would allow the Department 

to discuss allegations with respondents 

before moving to the formal issuance of 

a determination and complaint. HUD is, 

therefore, also requesting comments as 

to whether any type of prepenalty 

process, be it regulatory or informal in 

nature, is desirable or if it represents an 

unnecessary additional burden for 

respondents. 

III. Findings and Certifications 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) (RFA) 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. 

All entities, small or large, will be 

subject to the same potential penalties 

as established by statute and 

implemented by this rule. The statute 

does not provide an exemption for small 

entities. Accordingly, the undersigned 

certifies that this rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Notwithstanding HUD’s 

determination that this rule will not 

have a significant economic impact on 

a substantial number of small entities, 

HUD specifically invites comments 

regarding less burdensome alternatives 

to this rule that will meet HUD’s 

objectives as described in this preamble. 

Environmental Impact 

In accordance with 24 CFR 50.19(c)(6) 

of HUD’s regulations, this rule involves 

the Department’s regulations 

implementing civil money penalty 

statutes. In accordance with 24 CFR 

50.19(c)(1) of HUD’s regulations, this 

proposed 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. Therefore, this 

proposed rule is categorically excluded 

from the requirements of the National 

Environmental Policy Act (42 U.S.C. 

4321 et seq.). 

Executive Order 13132, Federalism 

Executive Order 13132 (entitled 

‘‘Federalism’’) prohibits, to the extent 

practicable and permitted by law, an 

agency from promulgating a regulation 

that has federalism implications and 

either imposes substantial direct 

compliance costs on state and local 

governments and is not required by 

statute, or preempts state law, unless the 

relevant requirements of Section 6 of the 

Executive Order are met. This rule 

affects only persons who fail to comply 

with the Department’s requirements, 

does not have federalism implications, 

and does not impose substantial direct 

compliance costs on state and local 


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61756 Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Proposed Rules 

governments or preempt state law 

within the meaning of the Executive 

Order. 

Unfunded Mandates Reform Act 

Title II of the Unfunded Mandates 

Reform Act of 1995 (UMRA) (2 U.S.C. 

1531–1538) establishes requirements for 

federal agencies to assess the effects of 

their regulatory actions on state, local, 

and tribal governments and the private 

sector. This rule does not impose any 

federal mandate on any state, local, or 

tribal government or the private sector 

within the meaning of UMRA. 

Small Business Concerns Related to 

Board Enforcement Actions 

With respect to enforcement actions 

undertaken by the Board against a 

mortgagee, and, as noted in the March 

28, 2008, proposed rule, HUD is 

cognizant that section 222 of the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (Pub. L. 104–121) 

(SBREFA) requires the Small Business 

and Agriculture Regulatory Enforcement 

Ombudsman to ‘‘work with each agency 

with regulatory authority over small 

businesses to ensure that small business 

concerns that receive or are subject to an 

audit, on-site inspection, compliance 

assistance effort, or other enforcement 

related communication or contact by 

agency personnel are provided with a 

means to comment on the enforcement 

activity conducted by this personnel.’’ 

To implement this statutory provision, 

the Small Business Administration has 

requested that federal agencies include 

the following language on agency 

publications and notices that are 

provided to small business concerns at 

the time the enforcement action is 

undertaken. The language is as follows: 

Your Comments Are Important 

The Small Business and Agriculture 

Regulatory Enforcement Ombudsman and 10 

Regional Fairness Boards were established to 

receive comments from small businesses 

about federal agency enforcement actions. 

The Ombudsman will annually evaluate the 

enforcement activities and rate each agency’s 

responsiveness to small business. If you wish 

to comment on the enforcement actions of 

[insert agency name], you will find the 

necessary comment forms at www.sba.gov/ 

ombudsman or call 1–888–REG–FAIR (1– 

888–734–3247). 

In accordance with its notice 

describing HUD’s actions on the 

implementation of SBREFA, which was 

published on May 21, 1998 (63 FR 

28214), HUD will include the language 

cited above on notices implementing 

enforcement actions, to ensure that 

small entities have the full means to 

comment on the enforcement activity 

conducted by HUD. 

List of Subjects in 24 CFR Part 30 

Administrative practice and 

procedure, Grant programs-housing and 

community development, Loan 

programs-housing and community 

development, Mortgages, Penalties. 

For the reasons discussed in the 

preamble, HUD proposes to amend 24 

CFR part 30 to read as follows: 

PART 30—CIVIL MONEY PENALTIES: 

CERTAIN PROHIBITED CONDUCT 

1. The authority citation for 24 CFR 

part 30 continues to read as follows: 

Authority: 12 U.S.C. 1701q–1, 1703, 1723i, 

1735f–14, 1735f–15; 15 U.S.C. 1717a; 28 

U.S.C. 2461 note; 42 U.S.C. 1437z–1 and 

3535(d). 

2. Revise § 30.1 to read as follows: 

§ 30.1 Purpose and scope. 

Unless provided for elsewhere in this 

title or under separate authority, this 

part implements HUD’s civil money 

penalty provisions. The procedural 

rules for hearings under this part are 

those applicable to hearings in 

accordance with the Administrative 

Procedure Act, as set forth in 24 CFR 

part 26. 

3. Amend § 30.10 by adding, in 

alphabetical order, the definition of 

Ability to Pay and revising the 

definition of Material or Materially, to 

read as follows: 

§ 30.10 Definitions. 

* * * * * 

Ability to pay. Determined based on 

an assessment of the respondent’s 

resources available both presently and 

prospectively from which the 

Department could ultimately recover the 

total award, which may be predicted 

based on historical evidence. 

* * * * * 

Material or Materially. Having the 

natural tendency or potential to 

influence, or when considering the 

totality of the circumstances, in some 

significant respect or to some significant 

degree. 

* * * * * 

§ 30.35 [Amended] 

4. Amend § 30.35 by removing 

paragraph (a)(14) and by redesignating 

paragraph (a)(15) as (a)(14). 

5. Revise § 30.45(d) to read as follows: 

§ 30.45 Multifamily and section 202 or 811 

mortgagors. 

* * * * * 

(d) Acceptable management. For 

purposes of this rule, management 

acceptable to the Secretary under 12 

U.S.C. 1735f–15(c)(1)(B)(xiv) shall 

include: 

(1) Fiscal management in accordance 

with HUD regulations and requirements; 

(2) Handling of vacancies and 

tenanting in accordance with HUD 

regulations and requirements; 

(3) Handling of rent collection in 

accordance with HUD regulations and 

requirements; 

(4) Maintenance in accordance with 

HUD regulations and requirements; 

(5) Compliance with HUD regulations 

and requirements on tenant 

organization; and 

(6) Any other matters that pertain to 

proper management in accordance with 

HUD regulations and requirements. 

* * * * * 

6. In § 30.68, revise paragraph (b) 

introductory text to read as follows: 

§ 30.68 Section 8 owners. 

* * * * * 

(b) General. The Assistant Secretary 

for Housing—Federal Housing 

Commissioner, or his or her designee, or 

the Assistant Secretary for Public and 

Indian Housing, or his or her designee, 

may initiate a civil money penalty 

against any owner, any general partner 

of a partnership owner, or any agent 

employed to manage the property that 

has an identity of interest with the 

owner or the general partner of a 

partnership owner of a property 

receiving project-based assistance under 

section 8 of the United States Housing 

Act of 1937 (42 U.S.C. 1437f) for a 

knowing and material breach of a 

housing assistance payments contract. 

Examples of covered violations include, 

but are not limited to, the following: 

* * * * * 

7. Revise § 30.70 to read as follows: 

§ 30.70 Prepenalty notice. 

(a) Prior to determining whether to 

issue a complaint under § 30.85, the 

official designated in subpart B of this 

part, or his or her designee (or the 

chairperson of the Mortgagee Review 

Board, or his or her designee, in actions 

under § 30.35), shall issue a written 

notice to the respondent. This 

prepenalty notice shall include the 

following: 

(1) That HUD is considering seeking 

a civil money penalty; 

(2) The specific violations alleged; 

(3) The maximum civil money penalty 

that may be imposed; 

(4) The opportunity to reply in 

writing to the designated program 

official within 30 days after receipt of 

the notice; 

(5) That failure to respond within the 

30-day period may result in issuance of 

a complaint under § 30.85 without 

consideration of any information that 


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Federal Register / Vol. 73, No. 202 / Friday, October 17, 2008 / Proposed Rules 61757 

the respondent may wish to provide; 

and 

(6) That if a complaint is issued under 

§ 30.85, the respondent may request a 

hearing before an administrative law 

judge in accordance with § 30.95. 

(b) Obligation to preserve documents. 

Upon receipt of the prepenalty notice, 

the respondent is required to preserve 

and maintain all documents or data, 

including electronically stored data, 

within his or her possession or control 

that may relate to the violations alleged 

in the prepenalty notice. The 

Department shall also preserve such 

documents or data upon the issuance of 

the prepenalty notice. 

8. Revise § 30.75 to read as follows: 

§ 30.75 Response to prepenalty notice. 

(a) The response shall be in a format 

prescribed in the prepenalty notice. The 

response shall address the factors set 

forth in § 30.80 and include any 

arguments opposing the imposition of a 

civil money penalty that the respondent 

may wish to present. 

(b) In any case where respondent 

seeks to raise ability to pay as an 

affirmative defense or argument in 

mitigation, the respondent shall provide 

documentary evidence as part of its 

response. 

9. Revise § 30.80 to read as follows: 

§ 30.80 Factors in determining amount of 

civil money penalty. 

After determining that a respondent 

has committed a violation as described 

in Subpart B of this part that subjects 

the respondent to liability under this 

part, the officials designated in subpart 

B of this part shall consider the 

following factors to determine the 

amount of penalty to seek against a 

respondent, if any. 

(a) The gravity of the offense; 

(b) Any history of prior offenses; 

(c) The ability to pay the penalty, 

which ability shall be presumed unless 

specifically raised as an affirmative 

defense or mitigating factor by the 

respondent; 

(d) The injury to the public; 

(e) Any benefits received by the 

violator; 

(f) The extent of potential benefit to 

other persons; 

(g) Deterrence of future violations; 

(h) The degree of the violator’s 

culpability; 

(i) With respect to Urban Homestead 

violations under § 30.30, the 

expenditures made by the violator in 

connection with any gross profit 

derived; and 

(j) Such other matters as justice may 

require. 

(k) In addition to the above factors, 

with respect to violations under 

§§ 30.45, 30.55, 30.60, and 30.68, the 

Assistant Secretary for Housing— 

Federal Housing Commissioner, or his 

or her designee, or the Assistant 

Secretary for Public and Indian 

Housing, or his or her designee, shall 

also consider: 

(1) Any injury to tenants; and/or 

(2) Any injury to lot owners. 

(l) HUD may consider the factors 

listed in paragraphs (a) through (k) of 

this section to determine the 

appropriateness of imposing a penalty 

under § 30.35(c)(2); however, HUD 

cannot change the amount of the 

penalty under § 30.35(c)(2). 

10. In § 30.85, revise paragraphs (b) 

introductory text, (c), and (d) and add 

paragraph (e) to read as follows: 

§ 30.85 Complaint. 

* * * * * 

(b) If a determination is made to seek 

a civil money penalty, government 

counsel shall issue a complaint to the 

respondent on behalf of the officials 

listed at subpart B of this part or the 

Mortgagee Review Board for violations 

under § 30.35. The complaint shall be 

served upon respondent and 

simultaneously filed with the Office of 

Administrative Law Judges, and shall 

state the following: 

* * * * * 

(c) A copy of this part and of 24 CFR 

part 26, subpart B, shall be included 

with the complaint. 

(d) Service of the complaint. The 

complaint shall be served on the 

respondent by first class mail, personal 

delivery, or other means. 

(e) Before taking an action under 

§§ 30.35 for violation of 12 U.S.C. 

§ 1735f–14(b)(1)(D) or (F), 30.36, or 

30.50 for violation of 12 U.S.C. 

1723i(b)(1)(G) or (I), the Secretary shall 

inform the Attorney General of the 

United States, which may be 

accomplished by providing a copy of 

the complaint. The Secretary shall 

include in the body of the complaint a 

statement confirming that this action 

was taken. 

11. In § 30.90, revise paragraph (a), 

redesignate paragraph (b) as (c), and 

revise the new paragraph (b) to read as 

follows: 

§ 30.90 Response to the complaint. 

(a) Request for a hearing. If the 

respondent desires a hearing before an 

administrative law judge, the 

respondent shall submit a request for a 

hearing to HUD and the Office of 

Administrative Law Judges no later than 

15 days following receipt of the 

complaint, as required by statute. This 

mandated period cannot be extended. 

(b) Answer. In any case in which the 

respondent has requested a hearing, the 

respondent shall serve upon HUD and 

file with the Office of Administrative 

Law Judges a written answer to the 

complaint within 30 days of receipt of 

the complaint, unless such time is 

extended by the administrative law 

judge for good cause. The answer shall 

include the admission or denial of each 

allegation of liability made in the 

complaint; any defense on which the 

respondent intends to rely; any reasons 

why the civil money penalty should be 

less than the amount sought in the 

complaint, based on the factors listed at 

§ 30.80; and the name, address, and 

telephone number of the person who 

will act as the respondent’s 

representative, if any. 

* * * * * 

12. Revise § 30.95 to read: 

§ 30.95 Hearings. 

Hearings under this part shall be 

conducted in accordance with the 

procedures applicable to hearings in 

accordance with the Administrative 

Procedure Act, set forth in 24 CFR part 

26. 

13. Revise § 30.100 to read as follows: 

§ 30.100 Settlement of a civil money 

penalty action. 

The officials listed at subpart B of this 

part, or their designees (or the 

Mortgagee Review Board, or designee, 

for violations under § 30.35), are 

authorized to enter into settlement 

agreements resolving civil money 

penalty actions that may be brought 

under part 30. 

Dated: September 23, 2008. 

Roy A. Bernardi, 

Deputy Secretary. 

[FR Doc. E8–24574 Filed 10–16–08; 8:45 am] 

BILLING CODE 4210–67–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

24 CFR Part 570 

[Docket No. FR–5181–P–01] 

RIN 2506–AC22 

State Community Development Block 

Grant Program: Administrative Rule 

Changes 

AGENCY: Office of the Assistant 

Secretary for Community Planning and 

Development, HUD. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

make changes to several sections of the 

regulations for the Community 


jlentini on PROD1PC65 with PROPOSALS