Federal Register: April 24, 2009 (Volume 74, Number 78)
DOCID: fr24ap09-2 FR Doc E9-9424
FEDERAL HOUSING FINANCE BOARD
Federal Housing Financing Agency
CFR Citation: 12 CFR Part 910
NOTICE: RULES
DOCID: fr24ap09-2
DOCUMENT ACTION: Final rule; technical amendment.
SUBJECT CATEGORY:
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
DATES: Effective Date: May 26, 2009.
DOCUMENT SUMMARY:
On January 15, 2009, the Federal Housing Finance Agency (FHFA) published a final rule implementing the Freedom of Information Act (FOIA). This technical rulemaking will delete the FOIA rules promulgated by the FHFA's predecessor agencies, the Federal Housing Finance Board (FHFB) and Office of Federal Housing Enterprise Oversight (OFHEO). It also will remove now obsolete references in the FHFA rule to the FHFB and OFHEO.
SUMMARY:
Freedom of Information Act Implementation
DOCUMENT BODY 2:
Office of Federal Housing Enterprise Oversight
12 CFR Part 1703
RIN 2590AA05
Freedom of Information Act Implementation
SUPPLEMENTAL INFORMATION
I. Background
Effective July 30, 2008, Division A of the Housing and Economic
Recovery Act of 2008 (HERA), Public Law No. 110289, 122 Stat. 2654
(2008), titled the Federal Housing Finance Regulatory Reform Act of
2008, created the Federal Housing Finance Agency as an independent
agency of the Federal Government. HERA transferred supervisory and
oversight responsibilities over the Federal National Mortgage
Association (Fannie Mae), the Federal Home Loan Mortgage Corporation
(Freddie Mac), and the Federal Home Loan Banks (collectively, [[Page 18624]]
Regulated Entities) from OFHEO and the FHFB to the FHFA. The Regulated
Entities continue to operate under regulations promulgated by OFHEO and
the FHFB until such time as the existing regulations are supplanted by regulations promulgated by the FHFA.
On January 15, 2009, the FHFA published a final rule to implement the FOIA. See 74 FR 2342 (Jan. 15, 2009). The FHFA's FOIA
implementation rule is codified at 12 CFR part 1202. Because the FHFA
FOIA rule now is effective, the agency is removing the FOIA rules of
its predecessor agencies, the FHFB and OFHEO, codified respectively at
12 CFR parts 910 and 1703, subparts A through D. This rulemaking also
deletes now obsolete references to the FHFA and OFHEO in section 1202.3 concerning the location of the FOIA Reading Room.
II. Notice and Public Participation
The notice and comment procedure required by the Administrative Procedure Act is inapplicable to this final rule because the rule is procedural and makes only technical changes. See 5 U.S.C. 553(b)(3)(A). III. Paperwork Reduction Act
The final regulation does not contain any information collection requirement that requires the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. 3501 et seq.). IV. Regulatory Flexibility Act
The FHFA is adopting this regulation in the form of a final rule and not as a proposed rule. Therefore, the provisions of the Regulatory Flexibility Act do not apply. See 5 U.S.C. 601(2) and 603(a). List of Subjects
12 CFR Part 910
Confidential business information, Freedom of information, Reporting and recordkeeping requirements.
12 CFR Part 1202
Appeals, Confidential commercial information, Disclosure, Exemptions, Fees, Final action, Freedom of information, Judicial review, Records, Requests.
12 CFR Part 1703
Administrative practice and procedure, Confidential business information, Freedom of information.
For the reasons stated in the preamble, under the authority of 12
U.S.C. 4526, the FHFA is amending 12 CFR chapters IX, XII, and XVII as follows:
CHAPTER IXFederal Housing Finance Board
PART 910[REMOVED]
1. Remove part 910.
CHAPTER XIIFederal Housing Finance Agency
PART 1202FREEDOM OF INFORMATION ACT
2. The authority citation for part 1202 continues to read as follows:
Authority: Pub. L. 110289, 122 Stat. 2654; 5 U.S.C. 301, 552;
12 U.S.C. 4526; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235;
E.O. 13392, 70 FR 7537375377, 3 CFR, 2006 Comp., p. 216200. 3. Revise Sec. 1202.3(c) to read as follows:
Sec. 1202.3 What information can I obtain through FOIA?
* * * * *
(c) Reading rooms. (1) FHFA maintains electronic and physical
reading rooms. The physical reading room is located at 1700 G Street,
NW., Fourth Floor, Washington, DC 20552, and is open to the public by
appointment from 9 a.m. to 3 p.m. each business day. For an
appointment, contact the FOIA Officer by calling 2024146425 or by e
mail at foia@fhfa.gov. The electronic reading room is part of the FHFA
Web site at http://www.fhfa.gov.
(2) Each reading room has the following records created by FHFA or
its predecessor agencies after November 1, 1996, and current indices to
all of the following records created by FHFA or its predecessor agencies before or after November 1, 1996:
(i) Final opinions or orders issued in adjudication;
(ii) Statements of policy and interpretation that are not published in the Federal Register;
(iii) Administrative staff manuals and instructions to staff that
affect a member of the public, and are not exempt from disclosure under FOIA; and
(iv) Copies of records released under FOIA that FHFA determines
have become or are likely to become the subject of subsequent requests for substantially the same records.
CHAPTER XVIIOffice of Federal Housing Enterprise Oversight, Department of Housing and Urban Development
PART 1703RELEASE OF INFORMATION
4. The authority citation for part 1703 continues to read as follows:
Authority: Pub. L. 110289, 122 Stat. 2654; 5 U.S.C. 301, 552;
12 U.S.C. 4526; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235;
E.O. 13392, 70 FR 7537375377, 3 CFR, 2006 Comp., p. 216200. Subparts AD [Removed and Reserved]
5. Remove and reserve subparts A through D.
Dated: April 15, 2009.
James B. Lockhart III,
Director, Federal Housing Finance Agency.
[FR Doc. E99424 Filed 42309; 8:45 am]
BILLING CODE 807001P
FOR FURTHER INFORMATION CONTACT
Janice Kaye, Chief FOIA Officer, janice.kaye@fhfa.gov, 2023431514, Federal Housing Finance Agency, 1700 G Street NW., Washington, DC 20552. The telephone number for the telecommunications device for the deaf (TDD) is 8008778339.