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Code · REGISTER · 2005-08-23 · Office of the Assistant Secretary for Housing-Federal Housing Commissioner, HUD · Notices

Notices. Notice

2,531 words·~12 min read·/register/2005/08/23/05-16679

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BILLING CODE 4910-62-P DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT [Docket No. FR-4513-N-21] Credit Watch Termination Initiative 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 HUD-approved 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 (64 FR 26769), HUD published a notice 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 23rd 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(s) 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
(1)those already underwritten and approved by a Direct Endorsement
(DE)underwriter employed by an unconditionally approved DE lender and
(2)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 mortgagee or branch authorized to originate FHA insured mortgages in that area. 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 a new Origination Approval Agreement if the mortgagee continues to be an approved mortgagee meeting the requirements of 24 CFR 202.5, 202.6, 202.7, 202.8 or 202.10 and 202.12, if there has been no Origination Approval Agreement for at least six months, and if the Secretary determines that the underlying causes for termination have been remedied. To enable the Secretary to ascertain whether the underlying causes for termination have been remedied, a mortgagee applying for a new Origination Approval Agreement must obtain an independent review 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 review must be conducted and issued by an independent Certified Public Accountant
(CPA)qualified to perform audits under Government Auditing Standards as provided by the General Accounting 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 Agreements terminated by HUD: Mortgagee name Mortgagee branch address HUD office jurisdictions Termination effective date Home ownership centers First Alternative Mortgage Corp. 145 Huguenot Street, New Rochelle, NY 10801 Albany, NY 6/22/2005 Philadelphia. Major Mortgage 5137 S 1500 W, Ogden, UT 84405 Salt Lake City, UT 5/21/2005 Denver. New York Mortgage Bankers LTD 128 Rivington Street, New York, NY 10002 New York, NY 5/21/2005 Philadelphia. Primero LLC 2465 Sheridan Blvd., Ste. 200, Denver, CO 80214 Denver, CO 6/22/2005 Denver. Professional Mortgage LLC 2232 SE Washington Blvd., Ste. 205, Bartlesville, OK 74006 Tulsa, OK 6/22/2005 Denver. Realty Mortgage Corporation 238 Courthouse Road, Gulfport, MS 39507 Jackson, MS 5/21/2005 Atlanta. Residential Finance Corporation 401 N Front Street, Ste. 300, Columbus, OH 43215 Columbus, OH 6/22/2005 Philadelphia. Residential Lending Corporation 3039 Premiere Pkwy., Ste. 100C, Duluth, GA 30097 Atlanta, GA 5/21/2005 Atlanta. Dated: August 10, 2005. Brian D. Montgomery, Assistant Secretary for Housing-Federal Housing Commissioner. [FR Doc. E5-4614 Filed 8-22-05; 8:45 am] BILLING CODE 4210-27-P DEPARTMENT OF LABOR Office of the Secretary Submission for OMB Review: Comment Request August 17, 2005. The Department of Labor
(DOL)has submitted the following public information collection requests
(ICRs)to the Office of Management and Budget
(OMB)for review and approval in accordance with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. chapter 35). A copy of each ICR, with applicable supporting documentation, may be obtained by contacting Darrin King on
(202)693-4129 (this is not a toll-free number) or e-mail: *king.darrin@dol.gov.* Comments should be sent to Office of Information and Regulatory Affairs, Attn: OMB Desk Officer for the Occupational Safety and Health Administration (OSHA), Office of Management and Budget, Room 10235, Washington, DC 20503,
(202)395-7316 (this is not a toll-free number), within 30 days from the date of this publication in the **Federal Register** . The OMB is particularly interested in comments which: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, *e.g.* , permitting electronic submission of responses. *Agency:* Occupational Safety and Health Administration. *Type of Review:* Extension of currently approved collection. *Title:* Coke Oven Emissions (29 CFR 1910.1029). *OMB Number:* 1218-0128. *Frequency:* Quarterly. *Type of Response:* Recordkeeping and Third party disclosure. *Affected Public:* Business or other for-profit; Federal Government; and State, local, or tribal government. *Number of Respondents:* 14. *Number of Annual Responses:* 49,527. *Estimated Time per Response:* Varies from 5 minutes for a secretary to maintain record to 4 hours to complete a medical examination. *Total Burden Hours:* 51,756. *Total Annualized Capital/Startup Costs:* $0. *Total Annual Costs (Operating/Maintaining Systems or Purchasing Services):* $933,064. *Description:* The information collection requirements in the Coke Oven Emissions Standard at 29 CFR 1910.1029 provides protection for employees from the adverse health effects associated with exposure to coke oven emissions. In this regard, the Coke Oven Emissions Standard requires employers to monitor employees' exposure to coke oven emissions, monitor employee health, and provide employees with information about their exposures and the health effects of exposures to coke oven emissions. *Agency:* Occupational Safety and Health Administration. *Type of Review:* Extension of currently approved collection. *Title:* Slings (29 CFR 1910.184). *OMB Number:* 1218-0223. *Frequency:* On occasion and annually. *Type of Response:* Recordkeeping and Third party disclosure. *Affected Public:* Business or other for-profit; Not-for-profit institutions; Federal Government; and State, local, or tribal government. *Number of Respondents:* 65,000. *Number of Annual Responses:* 164,938. *Estimated Time per Response:* Varies from 1 minute to maintain a certificate to 30 minutes for a manufacturing worker to acquire information from a manufacturer for a new tag, make a new tag, and affix it to a sling. *Total Burden Hours:* 19,167. *Total Annualized Capital/Startup Costs:* $0. *Total Annual Costs (Operating/Maintaining Systems or Purchasing Services):* $0. *Description:* The Slings Standard (29 CFR 1910.184) specifies several collection of information (paperwork) requirements, depending on the type of sling. The purpose of each of these requirements is to prevent employees from using defective or deteriorated slings, thereby reducing their risk of death or serious injury caused by sling failure during material handling. Paragraph
(e)of the Standard covers alloy steel chain slings. Paragraph (e)(1) requires that alloy steel chain slings have permanently affixed and durable identification stating the size, grade, rated capacity, and reach of the sling. The information, supplied by the manufacturer, is typically marked on a metal tag and affixed to the sling. Paragraph (e)(3)(i) requires the employer to make a thorough periodic inspection of alloy steel chain slings in use on a regular basis, but at least once a year. Paragraph (e)(3)(ii) requires the employer to make and maintain a record of the most recent month in which each alloy steel chain sling was thoroughly inspected, and make this record available for examination. Paragraph (e)(4) requires the employer to retain certificates of proof testing. Employers must ensure that before use, each new, repaired, or reconditioned alloy steel chain sling, including all welded components in the sling assembly, has been proof tested by the sling manufacturer or an equivalent entity. The certificates of proof testing must be retained by the employer and made available for examination. Paragraph
(f)of the Standard covers wire rope slings. Paragraph (f)(4)(ii) requires that all welded end attachments of wire rope slings be proof tested by the manufacturer at twice their rated capacity prior to initial use, and that the employer retain a certificate of the proof test and make it available for examination. Paragraph
(g)of the Standard covers metal mesh slings. Paragraph (g)(1) requires each metal mesh sling to have a durable marking permanently affixed that states the rated capacity for vertical basket hitch and choker hitch loadings. Paragraph (g)(8)(ii) requires that once repaired, each metal mesh sling be permanently marked or tagged, or a written record maintained to indicate the date and type of the repairs made, and the person or organization that performed the repairs. Records of the repairs shall be made available for examination. Paragraph
(i)of the Standard covers synthetic web slings. Paragraph (i)(1) requires that synthetic web slings be marked or coded to show the rated capacities for each type of hitch, and type of synthetic web material used in the sling. Paragraph (i)(8)(i) prohibits the use of repaired synthetic web slings until they have been proof tested by the manufacturer or equivalent entity. Paragraph (i)(8)(ii) requires the employer to retain a certificate of the proof test and make it available for examination. The information on the identification tags, markings, and codings assist the employer in determining whether the sling can be used for the lifting task. The sling inspections enable early detection of faulty slings. The inspection and repair records provide employers with information about when the last inspection was made and about the type of the repairs made. This information provides some assurance about the condition of the slings. These records also provide the most efficient means for an OSHA compliance officer to determine that an employer is complying with the Standard. Proof-testing certificates give employers, employees, and OSHA compliance officers assurance that slings are safe to use. The certificates also provide the compliance officers with an efficient means to assess employer compliance with the Standard. *Agency:* Occupational Safety and Health Administration. *Type of Review:* Extension of currently approved collection. *Title:* Forgings Machines, Inspection Certification Records (29 CFR 1910.218). *OMB Number:* 1218-0228. *Frequency:* Bi-weekly. *Type of Response:* Recordkeeping and Third party disclosure. *Affected Public:* Business or other for-profit; Not-for-profit institutions; Federal Government; and State, local, or tribal government. *Number of Respondents:* 27,700. *Number of Annual Responses:* 1,440,788. *Estimated Time Per Response:* Varies from 2 minutes for an employer to disclose certification records to 8 minutes for a manufacturing worker to conduct an inspection of each forging machine and guard or point-of-operation protection device bi-weekly. *Total Burden Hours:* 187,264. *Total Annualized Capital/Startup Costs:* $0. *Total Annual Costs (Operating/Maintaining Systems or Purchasing Services):* $0. *Description:* The Standard on Forging Machines (29 CFR 1910.218) (the Standard) specifies several paperwork requirements. The following sections describe who uses the information collected under each requirement, as well as how they use it. The purpose these requirements is to reduce employees' risk of death or serious injury by ensuring that forging machines used by them are in safe operating condition, and that they are able to clearly and properly identify manually operated valves and switches. Inspection of Forging Machines, Guards, and Point-of-Operation Protection Devices (paragraphs (a)(2)(i) and (a)(2)(ii)). Paragraph (a)(2)(i) requires employers to establish periodic and regular maintenance safety checks, and to develop and keep a certification record of each inspection. The certification record must include the date of inspection, the signature of the person who performed the inspection, and the serial number (or other identifier) of the forging machine inspected. Under paragraph (a)(2)(ii), employers are to schedule regular and frequent inspections of guards and point-of-operation protection devices, and prepare a certification record of each inspection that contains the date of the inspection, the signature of the person who performed the inspection, and the serial number (or other identifier) of the equipment inspected. These inspection certification records provide assurance to employers, employees, and OSHA compliance officers that forging machines, guards, and point-of-operation protection devices have been inspected, assuring that they will operate properly and safely, thereby preventing impact injury and death to employees during forging operations. These records also provide the most efficient means for the compliance officers to determine that an employer is complying with the Standard. Identification of Manually Controlled Valves and Switches (paragraphs (c), (h)(3), (i)(1) and (i)(2)). These paragraphs require proper and clear identification of manually operated valves and switches on presses, upsetters, boltheading equipment, and rivet-making machines, respectively. Marking valves and switches provide information to employees to ensure that they operate the forging machines correctly and safely. Darrin A. King, Acting Departmental Clearance Officer. [FR Doc. 05-16679 Filed 8-22-05; 8:45 am]
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  • 24 CFR 25
  • Pub. L. 104-13
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