[Federal Register Volume 64, Number 25 (Monday, February 8, 1999)]
[Rules and Regulations]
[Pages 5929-5930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2589]


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FEDERAL HOUSING FINANCE BOARD

12 CFR Part 904

[No. 99-7]
RIN 3069-AA71


Revisions to the Freedom of Information Act Regulation

AGENCY: Federal Housing Finance Board.

ACTION: Final rule.

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SUMMARY: The Federal Housing Finance Board (Finance Board) is adopting 
the interim final rule that revised its Freedom of Information Act 
(FOIA) regulation to comply with new statutory requirements and to 
clarify the Finance Board's practices and procedures in responding to 
requests for information as a final rule with one minor procedural 
change. The change makes clear that the Office of Resource Management 
is the agency component responsible for collecting FOIA fees.

EFFECTIVE DATE: The final rule will become effective on March 10, 1999.

FOR FURTHER INFORMATION CONTACT: Elaine L. Baker, Secretary to the 
Board and Associate Director, Executive Secretariat, Office of the 
Managing Director, by telephone at 202/408-2837 or by electronic mail 
at [email protected], or Janice A. Kaye, Attorney-Advisor, Office of 
General Counsel, by telephone at 202/408-2505 or by electronic mail at 
[email protected], Federal Housing Finance Board, 1777 F Street, N.W., 
Washington, D.C. 20006.

SUPPLEMENTARY INFORMATION:

I. Statutory and Regulatory Background

    Congress amended the FOIA by enacting the Electronic Freedom of 
Information Act Amendments of 1996 (EFOIA). See 5 U.S.C. 552, as 
amended by Pub. L. 104-231, 110 Stat. 3048 (Oct. 2, 1996). Among other 
procedural changes, the EFOIA increases the time for responding to a 
FOIA request from 10 to 20 days, specifically applies the FOIA 
disclosure requirements to electronic records, and adds frequently 
requested records as a category of reading room records. The EFOIA also 
requires an agency to promulgate regulations that provide for the 
expedited processing of FOIA requests.
    In July 1998, the Finance Board published an interim final rule 
with request for comments that amended its FOIA regulation to comply 
with these statutory changes. See 63 FR 37483 (July 13, 1998), codified 
at 12 CFR part 904. The interim final rule also reorganized and 
streamlined the FOIA regulation to clarify the Finance Board's 
practices and procedures in responding to requests for information. The 
60-day public comment period closed on September 11, 1998. See id.

II. Analysis of Public Comments and the Final Rule

    The Finance Board received no comments in response to the interim 
final rule. Thus, for the reasons set forth in detail in the interim 
final rulemaking, the Finance Board is adopting the interim final rule 
amending its FOIA regulation to comply with new statutory requirements 
and to clarify the Finance Board's practices and procedures in 
responding to requests for information with one minor procedural 
change. The procedural change makes clear that the Office of Resource 
Management is the agency component responsible for collecting FOIA 
fees. More specifically, in Sec. 904.9(f), which concerns the 
collection of FOIA fees, the Finance

[[Page 5930]]

Board is replacing the reference to the Secretary to the Board with a 
reference to the Office of Resource Management.

III. Regulatory Flexibility Act

    The Finance Board adopted this amendment to part 904 in the form of 
an interim 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), 603(a).

IV. Paperwork Reduction Act

    The final rule does not contain any collections of information 
pursuant to the Paperwork Reduction Act of 1995. See 44 U.S.C. 3501 et 
seq. Consequently, the Finance Board has not submitted any information 
to the Office of Management and Budget for review.

List of Subjects in 12 CFR Part 904

    Confidential business information, Federal home loan banks, Freedom 
of information.

    For the reasons stated in the preamble, the Finance Board hereby 
adopts the interim final rule amending 12 CFR part 904 that was 
published at 63 FR 37483 on July 13, 1998, as a final rule with the 
following change:

PART 904--FREEDOM OF INFORMATION ACT REGULATION

    1. The authority citation for part 904 continues to read as 
follows:

    Authority: 5 U.S.C. 552, 52 FR 10012 (Mar. 27, 1987).

    2. Amend Sec. 904.9 by revising paragraph (f)(2) to read as 
follows:


Sec. 904.9  Fees.

    (f) * * *
    (2) To pay fees and interest assessed under this section, a 
requester shall deliver to the Office of Resource Management, located 
at the Federal Housing Finance Board, 1777 F Street N.W., Washington, 
D.C. 20006, a check or money order made payable to the ``Federal 
Housing Finance Board.''
* * * * *
    Dated: January 27, 1999.

    By the Board of Directors of the Federal Housing Finance Board.
Bruce A. Morrison,
Chairperson.
[FR Doc. 99-2589 Filed 2-5-99; 8:45 am]
BILLING CODE 6725-01-P