67386 Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices 

Employers may not request proof of 

Somali citizenship. Employers should 

not ask for additional Form I–9 

documentation if presented with a new 

valid EAD pursuant to this Federal 

Register notice, and the EAD reasonably 

appears on its face to be genuine and to 

relate to the employee. Employees also 

may present any other legally acceptable 

document or combination of documents 

listed on the Form I–9 as proof of 

identity and employment eligibility. 

Note to Employers 

Employers are reminded that the laws 

requiring employment eligibility 

verification and prohibiting unfair 

immigration-related employment 

practices remain in full force. This 

Notice does not supersede or in any way 

limit applicable employment 

verification rules and policy guidance, 

including those rules setting forth reverification requirements. For questions, 

employers may call the USCIS Customer 

Assistance Office at 1–800–357–2099. 

Employers may also call the U.S. 

Department of Justice Office of Special 

Counsel for Immigration Related Unfair 

Employment Practices (OSC) Employer 

Hotline at 1–800–255–8155. 

Note to Employees 

Employees or applicants may call the 

OSC Employee Hotline at 1–800–255– 

7688 for information regarding the 

automatic extension. Additional 

information is available on the OSC 

Web site at http://www.justice.gov/crt/ 

osc/. 

[FR Doc. 2010–27613 Filed 11–1–10; 8:45 am] 

BILLING CODE 9111–97–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

[Docket No. USCG–2010–0947] 

Policy for Banning of Foreign Vessels 

From Entry into United States Ports 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of policy. 

SUMMARY: The U.S. Coast Guard 

announces release of policy letter 10– 

03, Banning of Foreign Vessels. This 

policy letter outlines U.S. Coast Guard 

procedures for denying entry of certain 

foreign flagged commercial vessels into 

any port or place in the United States as 

a result of the vessel’s history of 

operating in a continuous substandard 

condition in waters subject to United 

States jurisdiction. 

DATES: This policy became effective on 

September 1, 2010. 

ADDRESSES: This notice and the policy 

letter described within it are available in 

the docket and can be viewed by going 

to http://www.regulations.gov, inserting 

USCG–2010–0947 in the ‘‘Keyword’’ 

box, and then clicking ‘‘Search.’’ This 

policy letter is also available at http:// 

www.homeport.uscg.mil under the Port 

State Control tab; Foreign Vessel Safety; 

Banning of Foreign Vessels. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this notice or the 

policy, call or e-mail Lieutenant 

Commander Charles Fluke, Foreign and 

Offshore Vessels Division (CG–5432), 

U.S. Coast Guard, telephone 202–372– 

1235. If you have questions on viewing 

material in the docket, call Renee V. 

Wright, Program Manager, Docket 

Operations, telephone 202–366–9826. 

SUPPLEMENTARY INFORMATION: 

Background and Purpose 

The U.S. Coast Guard Port State 

Control (PSC) program began in the 

United States when Congress, through 

the 1994 Department of Transportation 

Appropriations Bill, required the U.S. 

Coast Guard to change its approach to 

foreign vessel examinations. The bill 

required the U.S. Coast Guard to hold 

those most responsible for substandard 

ships accountable, including owners, 

classification societies, and flag States. 

Title 33 of the United States Code 

provides tools and authority for the U.S. 

Coast Guard to meet this mandate. 33 

U.S.C. 1228 prohibits vessels from 

operating in the navigable waters of the 

United States or transferring cargo or 

residue in any port or place under the 

jurisdiction of the United States if such 

vessels: Have a history of accidents, 

pollution incidents, or serious repair 

problems; fail to comply with applicable 

regulations, laws, or treaties; discharges 

oil or hazardous material in violation of 

law or treaty; or fails to comply with 

vessel traffic service, manning, and 

language requirements. 

In addition, 33 U.S.C. 1223(b) grants 

the authority to order any vessel in a 

port or place subject to the jurisdiction 

of the United States or in the navigable 

waters of the United States to operate or 

anchor as directed if: such vessel does 

not comply with applicable regulations, 

law, or treaty; the vessel does not satisfy 

the conditions for port entry as set out 

in 33 U.S.C. 1228; or in the interest of 

safety. 

In 1997, the U.S. Coast Guard 

published regulations to enforce 

International Maritime Organization 

(IMO) Resolution A.741 (18), titled 

‘‘International Management Code for the 

Safe Operation of Ships and for 

Pollution Prevention (International Safe 

Management [ISM] Code)’’. The U.S. 

Coast Guard also published the 

Navigation and Vessel Inspection 

Circular (NVIC) 04–05, titled, ‘‘Port State 

Control Guidelines for the Enforcement 

of Management for the Safe Operation of 

Ships (ISM) Code,’’ to provide guidance 

to both Coast Guard and industry 

personnel concerning compliance with 

the requirements of the International 

Convention for the Safety of Life at Sea 

(SOLAS), 1974, Chapter IX and the ISM 

Code. 

The cornerstone for ensuring a vessel 

is compliant with international 

standards, laws, and regulations is a 

well written and properly implemented 

Safety Management System (SMS). 

Commitment by top level company 

management and continuous 

improvement are two fundamental 

objectives of an effective SMS. 

Companies that do not embrace a safety 

culture and that repeatedly operate 

vessels in a substandard condition have 

failed to recognize the importance of 

complying with international 

conventions and standards and put their 

crews, vessels, and the marine 

environment at risk. 

Occasionally, the U.S. Coast Guard 

intercepts vessels arriving into United 

States waters that consistently 

demonstrate a substandard condition 

and, thus, fail to comply with the 

requirements found in international 

conventions and domestic regulations. 

Previously, there was no mechanism in 

place to effectively and consistently 

respond to repeat offenders. The U.S. 

Coast Guard’s Banning of Foreign 

Vessels policy should provide a 

systematic approach to addressing these 

vessels. This policy aligns the U.S. 

Coast Guard with other SOLAS 

signatory flag States who currently have 

policies and procedures in place for 

processing vessels that repeatedly 

operate in a substandard condition. 

Policy Implementation 

The U.S. Coast Guard will continue to 

screen, prioritize, and coordinate all 

foreign vessel exams in accordance with 

existing policies. When a vessel has 

been repeatedly detained (meaning 

three or more detentions within twelve 

months) and it is determined by the U.S. 

Coast Guard’s Foreign and Offshore 

Vessels Division (CG–5432) that failure 

to effectively implement the SMS was a 

contributing factor for the substandard 

condition(s) that led to the detentions, 

the vessel will be denied entry into any 

port or place in the United States in 

compliance with 33 U.S.C. 1228 and 

1223(b) until specified actions are 

completed to the satisfaction of the 

Coast Guard. 


hsrobinson on DSK69SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 211 / Tuesday, November 2, 2010 / Notices 67387 

Authority: This notice is issued under 

authority of 5 U.S.C. 552, 33 U.S.C. 1223(b), 

and 33 U.S.C. 1228. 

Dated: October 25, 2010. 

Kevin S. Cook, 

Rear Admiral, U.S. Coast Guard, Director of 

Prevention Policy. 

[FR Doc. 2010–27592 Filed 11–1–10; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

[Docket No. FR–4211–N–05] 

Credit Watch Termination Initiative 

Termination of Origination Approval 

Agreements 

AGENCY: Office of the Assistant 

Secretary for Housing—Federal Housing 

Commissioner, HUD. 

ACTION: Notice. 

SUMMARY: This notice advises of the 

cause and effect of termination of 

Origination Approval Agreements taken 

by HUD’s Federal Housing 

Administration (FHA) against HUDapproved mortgagees through the FHA 

Credit Watch Termination Initiative. 

This notice includes a list of mortgagees 

which have had their Origination 

Approval Agreements terminated. 

FOR FURTHER INFORMATION CONTACT: The 

Quality Assurance Division, Office of 

Housing, Department of Housing and 

Urban Development, 451 Seventh Street, 

SW., Room B133–P3214, Washington, 

DC 20410–8000; telephone (202) 708– 

2830 (this is not a toll-free number). 

Persons with hearing or speech 

impairments may access that number 

through TTY by calling the Federal 

Information Relay Service at (800) 877– 

8339. 

SUPPLEMENTARY INFORMATION: HUD has 

the authority to address deficiencies in 

the performance of lenders’ loans as 

provided in HUD’s mortgagee approval 

regulations at 24 CFR 202.3. On May 17, 

1999 HUD published a notice (64 FR 

26769), on its procedures for 

terminating Origination Approval 

Agreements with FHA lenders and 

placement of FHA lenders on Credit 

Watch status (an evaluation period). In 

the May 17, 1999 notice, HUD advised 

that it would publish in the Federal 

Register a list of mortgagees, which 

have had their Origination Approval 

Agreements terminated. 

Termination of Origination Approval 

Agreement: Approval of a mortgagee by 

HUD/FHA to participate in FHA 

mortgage insurance programs includes 

an Origination Approval Agreement 

(Agreement) between HUD and the 

mortgagee. Under the Agreement, the 

mortgagee is authorized to originate 

single-family mortgage loans and submit 

them to FHA for insurance 

endorsement. The Agreement may be 

terminated on the basis of poor 

performance of FHA-insured mortgage 

loans originated by the mortgagee. The 

termination of a mortgagee’s Agreement 

is separate and apart from any action 

taken by HUD’s Mortgagee Review 

Board under HUD’s regulations at 24 

CFR part 25. 

Cause: HUD’s regulations permit HUD 

to terminate the Agreement with any 

mortgagee having a default and claim 

rate for loans endorsed within the 

preceding 24 months that exceeds 200 

percent of the default and claim rate 

within the geographic area served by a 

HUD field office, and also exceeds the 

national default and claim rate. For the 

44th review period, HUD is terminating 

the Agreement of mortgagees whose 

default and claim rate exceeds both the 

national rate and 200 percent of the 

field office rate. 

Effect: Termination of the Agreement 

precludes that branch(es) of the 

mortgagee from originating FHA-insured 

single-family mortgages within the area 

of the HUD field office(s) listed in this 

notice. Mortgagees authorized to 

purchase, hold, or service FHA insured 

mortgages may continue to do so. 

Loans that closed or were approved 

before the termination became effective 

may be submitted for insurance 

endorsement. Approved loans are those 

already underwritten and approved by a 

DE underwriter, and cases covered by a 

firm commitment issued by HUD. Cases 

at earlier stages of processing cannot be 

submitted for insurance by the 

terminated branch; however, they may 

be transferred for completion of 

processing and underwriting to another 

FHA insured mortgagee with direct 

endorsement approval for the area 

covered by the termination. Mortgagees 

are obligated to continue to pay existing 

insurance premiums and meet all other 

obligations associated with insured 

mortgages. 

A terminated mortgagee may apply for 

reinstatement of the Origination 

Approval Agreement if the Approval for 

the affected branch or branches has been 

terminated for at least six months and 

the mortgagee continues to be an 

approved mortgagee meeting the 

requirements of 24 CFR 202.5, 202.6, 

202.7, 202.8 and 202.12. However, 

Mortgagee Letter 2010–20 and Final 

Rule 5356–F–02 at 24 CFR 202 

eliminates FHA approval for loan 

correspondents after December 31, 2010. 

Therefore, HUD will not accept requests 

for reinstatement from loan 

correspondents after that date. The 

mortgagee’s application for 

reinstatement must be in a format 

prescribed by the Secretary and signed 

by the mortgagee. In addition, the 

application must be accompanied by an 

independent analysis of the terminated 

office’s operations as well as its 

mortgage production, specifically 

including the FHA-insured mortgages 

cited in its termination notice. This 

independent analysis shall identify the 

underlying cause for the mortgagee’s 

high default and claim rate. The 

analysis must be prepared by an 

independent Certified Public 

Accountant (CPA) qualified to perform 

audits under Government Auditing 

Standards as provided by the 

Government Accountability Office. The 

mortgagee must also submit a written 

corrective action plan to address each of 

the issues identified in the CPA’s report, 

along with evidence that the plan has 

been implemented. The application for 

a new Agreement should be in the form 

of a letter, accompanied by the CPA’s 

report and corrective action plan. The 

request should be sent to the Director, 

Office of Lender Activities and Program 

Compliance, 451 Seventh Street, SW., 

Room B133–P3214, Washington, DC 

20410–8000 or by courier to 490 

L’Enfant Plaza, East, SW., Suite 3214, 

Washington, DC 20024–8000. 

Action: The following mortgagees 

have had their Origination Agreements 

terminated by HUD: 

Mortgagee name Mortgagee branch address HUD office jurisdictions Termination 

effective date 

Homeownership 

centers 

Universal American 

Mortgage Co..

25 Enterprise, Ste, 100 Aliso Viejo, CA 

92656.

Santa Ana ................................. 10/4/10 Santana. 

Capital Financial 

Mortgage Corp..

215 Kedron Ave., Folsom, PA 19033 ........ Camden ..................................... 9/9/2010 Philadelphia. 


hsrobinson on DSK69SOYB1PROD with NOTICES