Federal Register: February 20, 2009 (Volume 74, Number 33)
DOCID: fr20fe09-16 FR Doc E9-3582
BOARD OF DIRECTORS OF THE HOPE FOR HOMEOWNERS PROGRAM
Board of Directors of the Hope for Homeowners Program
CFR Citation: 24 CFR Part 4000
Docket ID: [Docket No. B-2009-F04]
RIN ID: RIN 2580-AA02
NOTICE: RULES
DOCID: fr20fe09-16
DOCUMENT ACTION: Interim rule with request for public comment.
SUBJECT CATEGORY:
Rules Regarding Access to Information Under the Freedom of Information Act
DATES: The interim rule is effective on February 20, 2009 Comments on the rule should be received by April 21, 2009.
DOCUMENT SUMMARY:
The Board is adopting and requesting public comment on regulations regarding access to records of the Board under the Freedom of Information Act (FOIA). The Board was statutorily established to oversee the HOPE for Homeowners Program (Program).
SUMMARY:
Access to Information under the Freedom of Information Act
SUPPLEMENTAL INFORMATION
Background
Title IV of Division A of the Housing and Economic Recovery Act of
2008 (Pub. L. 110289, 122 Stat. 2654, approved July 30, 2008)
(``Act'') amended Title II of the National Housing Act (NHA) to add a
new section 257. This section established the Program as a temporary
Federal Housing Administration (FHA) program that offers voluntary
participation on the part of homeowners and existing loan holders (or
servicers acting on their behalf) to insure refinanced loans for distressed borrowers to support long
[[Page 7813]]
term sustainable homeownership, including among other things, allowing
homeowners to avoid foreclosure. Under the Program, a qualified
mortgage borrower may refinance his or her existing mortgage into a new
mortgage loan insured by the FHA, subject to conditions and
restrictions specified in the Act. The Program authorizes FHA to insure
such eligible mortgages commencing no earlier than October 1, 2008, and the authority to insure expires September 30, 2011.
Section 257(t) of the NHA establishes a Board of Directors to oversee the Program. The Board is composed of the Secretary of Housing and Urban Development (HUD), the Secretary of the Treasury, the Chairman of the Board of Governors of the Federal Reserve System, and the Chairperson of the Board of Directors of the Federal Deposit Insurance Corporation, or the respective designee of each. Section 257(t) of the NHA requires the Board to, among other things, establish requirements and standards for the Program and prescribe regulations and guidelines as may be necessary or appropriate to implement such requirements and standards.
Interim Rule
As a general matter, this interim rule provides that the Board will provide access to records of the Board in accordance with the rules and procedures (including fee schedule) adopted by HUD under the FOIA (5 U.S.C. 552), which are codified at 24 CFR Part 15, Subpart B. Because the official records of the Board will be compiled and stored at the main offices of HUD, use of HUD's FOIA regulations will facilitate the administration of requests to, and responses of, the Board under the FOIA.
The Board's procedures under the FOIA, as provided in this rule,
are codified in a new part 4000 of title 24 of the Code of Federal
Regulations (CFR). Codification in title 24, which contains the
regulations of HUD, is for purposes of convenience only. Although the
Program is included as part of the National Housing Act and the
Secretary of HUD acts as the Chairperson of the Board, the Board has
regulatory authority independent of HUD. Accordingly, codification of
this interim rule in title 24 of the CFR should not be read as implying
that any other requirements included in title 24 (except for those part
15 regulations referenced in this interim rule) apply to actions taken by the Board, unless specifically adopted by the Board.
Findings and Certifications
Administrative Procedure Act
The Board will make this interim rule effective on publication, without first reviewing public comments. Pursuant to 5 U.S.C. 553, the Board finds that there is good cause for making the rule effective on that date and that it is contrary to the public interest to provide notice and review comments in advance of that date. The rule establishes the procedures under which the public may request access to the records of the Board under the FOIA, and it is in the interest of the public to have these procedures announced at the earliest possible date. The Board is seeking public comment on the interim rule and will respond to any public comments received when the Board takes final action on this interim final rule.
List of Subjects in 24 CFR 4000
Loan Programs, Mortgage Insurance, Access to information. Authority and Issues
For the reasons set out in the preamble, the Board of Directors of the
Hope for Homeowners Program amends Chapter XXIV by adding a new part 4000 to read as follows:
PART 4000BOARD OF DIRECTORS OF THE HOPE FOR HOMEOWNERS PROGRAM
Subpart ARules Regarding Access to Information Under the Freedom of Information Act
4000.1 Purpose and scope.
4000.2 Freedom of Information Act.
Authority: 5 U.S.C. 552; 12 U.S.C. 1715z22.
Sec. 4000.1 Purpose and scope.
This subpart establishes the Board's procedures governing access to
records of the Board under the Freedom of Information Act (5 U.S.C. 552).
Sec. 4000.2 Freedom of Information Act.
(a) In general. While the Board is not part of the Department of
Housing and Urban Development (``HUD''), the Board follows the
regulations promulgated by HUD at subparts A and B (``FOIA Disclosure
Information'') of part 15 (``Public access to HUD records under the
Freedom of Information Act and testimony and production of information
by HUD employees'') of Title 24 (``Housing and Urban Development'') of
the Code of Federal Regulations (``CFR''), except as otherwise provided
in this section. Any reference in 24 CFR 15.1 through 15.112 to ``HUD''
shall be construed to refer to the Board. In the event that the
regulations at subparts A and B of part 15 of title 24 of the CFR
subsequently are amended by HUD, the Board will follow those amended
regulations. The following additional information is provided to
implement 24 CFR 15.1 through 15.112 as such sections apply to the Board.
(b) Requests for information. All requests to the Board for access
to records of the Board should be directed to the attention of the
Board at the U.S. Department of Housing and Urban Development (HUD),
Freedom of Information Act Office, 451 Seventh Street, SW., Room 10139,
Washington, DC 204103000 (HUD Headquarters), where the Board maintains
its principal place of business. Requestors should follow the
directions for requesting records as provided in the regulations in 24
CFR part 15, subpart B. The public reading rooms for the Board are the
reading rooms located at HUD Headquarters in Washington, DC. Due to
security measures at HUD Headquarters, an advance appointment to review
the public comments must be scheduled by calling the FOIA Office at 2027083054 (this is not a tollfree number).
(c) Requests for records. Initial determinations whether to grant
requests for records of the Board will be made by the Secretary of the
Board or the designee of such official. Requests for records by mail
should be addressed to the same address as that provided in paragraph (a) of this section.
(d) Administrative appeal of initial determination to deny records.
(1) Appellate determinations with respect to the records of the Board
will be made by an official, designated by the Executive Director of
the Board, who had no involvement in the initial determination of the request for records that is the subject of the appeal.
(2) Appellate determinations with respect to requests for expedited
processing shall be made by the Secretary of the Board or the designee of such official.
(3) Appeals should be addressed to the address provided in paragraph (a) of this section.
(e) Delivery of process. Service of process will be received by
Counselor to the Board or the designee of such official and shall be
delivered to the address provided in paragraph (a) of this section to the attention of Counselor to the Board.
Dated at Washington, DC, this 13th day of February, 2009. [[Page 7814]]
By order of the Board of Directors of the HOPE for Homeowners Program.
Margaret E. Burns,
Executive Director of the Board.
[FR Doc. E93582 Filed 21909; 8:45 am]
BILLING CODE 4210AAP
FOR FURTHER INFORMATION CONTACT
Emmanuel Yeow, Secretary of the Board of Directors of the HOPE for Homeowners Program, Department of Housing and Urban Development, 451 7th Street, SW., Room 9110, Washington, DC 204108000, telephone 2027083600 (this is not a tollfree number). Persons with hearing or speechimpairments may access this number through TTY by calling the tollfree Federal Information Relay Service at 8008778339.