[Federal Register Volume 65, Number 74 (Monday, April 17, 2000)]
[Rules and Regulations]
[Pages 20345-20347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9454]


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FEDERAL HOUSING FINANCE BOARD

12 CFR Part 910

[No. 2000-19]
RIN 3069-AB02


Amendments 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 amending 
its Freedom of Information Act (FOIA) regulation to reflect an agency 
reorganization. Responsibility for administering the Finance Board's 
FOIA program has been transferred from the Executive Secretariat to the 
Office of General Counsel and the Deputy General Counsel of the 
Administrative Law Division has replaced the Secretary to the Board of 
Directors as the Finance Board's FOIA officer.

[[Page 20346]]


EFFECTIVE DATE: The final rule will become effective on April 17, 2000.

FOR FURTHER INFORMATION CONTACT: Janice A. Kaye, Attorney-Advisor, 
Office of General Counsel, by telephone at 202/408-2505, by electronic 
mail at [email protected], or by regular mail at the Federal Housing 
Finance Board, 1777 F Street, N.W., Washington, D.C. 20006.

SUPPLEMENTARY INFORMATION:
    As a result of an agency reorganization, responsibility for 
administering the Finance Board's FOIA program was transferred from the 
Executive Secretariat to the Office of General Counsel effective March 
20, 2000. As part of the transfer of responsibility, the Deputy General 
Counsel of the Administrative Law Division has replaced the Secretary 
to the Board of Directors as the Finance Board's FOIA officer. The FOIA 
officer is authorized to make all initial denial determinations under 
the Finance Board's FOIA regulation. The Finance Board is amending its 
FOIA regulation to conform to the reassignment of responsibility and 
authority. More specifically, the Finance Board is replacing the term 
``Secretary to the Board'' and the term ``Finance Board'' with the term 
``FOIA Officer'' where appropriate.

Notice and Public Participation

    Because it is in the public interest to conform the Finance Board's 
FOIA regulation to the agency reorganization that already has taken 
effect, the Finance Board for good cause finds that the notice and 
publication requirements of the Administrative Procedures Act are 
unnecessary. See 5 U.S.C. 553(b)(3)(B). Accordingly, the Finance Board 
is promulgating these technical, procedural changes as a final rule.

Effective Date

    For the reasons stated in part III above, the Finance Board for 
good cause finds that the final rule should become effective on April 
17, 2000. See 5 U.S.C. 553(d)(3).

Regulatory Flexibility Act

    The Finance Board is adopting the amendments to part 910 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), 603(a).

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 Part 910

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

    For the reasons stated in the preamble, the Finance Board hereby 
amends 12 CFR part 910 as follows:

PART 910--FREEDOM OF INFORMATION ACT REGULATION

    1. The authority citation for part 910 continues to read as 
follows:

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

    2. In part 910, remove the term ``Secretary to the Board'' 
everywhere it appears and add in its place the term ``FOIA Officer.''

    3. In Sec. 910.1, remove the definition of the term ``Secretary to 
the Board'' and add a definition of the term ``FOIA Officer'' to read 
as follows:


Sec. 910.1  Definitions.

* * * * *
    FOIA Officer means the Finance Board employee who is authorized to 
make determinations as provided in this part. The mailing address for 
the FOIA Officer is Federal Housing Finance Board, 1777 F Street, NW, 
Washington, DC 20006.
* * * * *

    4. Revise Sec. 910.3(b) to read as follows:


Sec. 910.3  Requests for records.

* * * * *
    (b) Incomplete requests. If a request does not meet all of the 
requirements of paragraph (a) of this section, the FOIA Officer may 
advise the requester that additional information is needed. If the 
requester submits a corrected request, the FOIA Officer shall treat the 
corrected request as a new request.

    5. Amend Sec. 910.4 by revising paragraph (c)(3), the first 
sentence of paragraph (d)(1), and paragraph (e) to read as follows:


Sec. 910.4  Finance Board response to requests for records.

* * * * *
    (c) * * *
    (3) The opportunity for the requester to either limit the scope of 
the request so that the FOIA Officer may process it in accordance with 
paragraph (a) of this section, or arrange an alternative time frame for 
processing the request or a modified request.
    (d) Expedited processing. (1) The FOIA Officer shall process a 
request for records as soon as practicable if it is determined that 
expedited processing is appropriate or the requester demonstrates a 
compelling need. * * *
* * * * *
    (e) Providing responsive records. The FOIA Officer shall provide 
one copy of a record to a requester in any form or format requested if 
the record is readily reproducible by the Finance Board in that form or 
format by regular U.S. mail to the address indicated in the request 
unless other arrangements are made, such as taking delivery of the 
document at the Finance Board. At the option of the requester and upon 
the requester's agreement to pay fees in accordance with Sec. 910.9, 
the FOIA Officer shall provide copies by facsimile transmission or 
other express delivery methods.

    6. Revise Sec. 910.7 to read as follows:


Sec. 910.7  Records of financial regulatory agencies held by the 
Finance Board.

    The Finance Board shall not disclose an examination, operating, or 
condition report, or other record prepared by, on behalf of, or for the 
use of a financial regulatory agency. Upon a receipt of a request for 
such records, the FOIA Officer shall promptly refer the request to the 
appropriate agency and notify the requester of the referral.

    7. Amend Sec. 910.8 by revising paragraph (a)(1) to read as 
follows:


Sec. 910.8  Appeals.

    (a) Procedure. (1) If the FOIA Officer has denied a request in 
whole or in part, the requester may appeal the denial by submitting a 
written application to the FOIA Officer stating the grounds for the 
appeal within 30 working days of the date of the determination under 
Sec. 910.4.
* * * * *

    8. Amend Sec. 910.9 by revising paragraph (c), paragraph (d) 
introductory text, paragraph (d)(3)(ii) introductory text, paragraph 
(e), paragraphs (f)(3) through (f)(5), and paragraph (g) introductory 
text to read as follows:


Sec. 910.9  Fees.

* * * * *
    (c) Interest. The Finance Board may assess interest at the rate 
prescribed in 31 U.S.C. 3717 on any unpaid fees beginning 31 days after 
the earlier of the date of the determination under Sec. 910.4 or the 
date a fee statement is mailed to a requester. Interest shall accrue 
from such date.
    (d) Exceptions. Notwithstanding paragraphs (a) or (b) of this 
section, the FOIA Officer may determine not to assess a fee or to 
reduce a fee if:
    (3) * * *

[[Page 20347]]

    (ii) In determining whether disclosure of a record is in the public 
interest, the FOIA Officer shall consider whether the record:
* * * * *
    (e) Aggregating requests. If the FOIA Officer reasonably believes 
that a requester or a group of requesters acting in concert is 
attempting to break a request down into a series of requests for the 
purpose of evading the assessment of fees, the FOIA Officer may 
aggregate such requests and assess fees in accordance with this 
section.
    (f) Collecting fees. * * *
    (3) Prior to disclosing any record, the FOIA Officer may require a 
requester to agree in writing to pay actual fees and interest incurred 
in accordance with this section if the estimated fee will likely exceed 
$25 but not $250.
    (4) The FOIA Officer may require a requester to pay an estimated 
fee in advance if:
    (i) It is determined that the fee will likely exceed $250; or
    (ii) The requester has previously failed to pay a fee assessed 
under this section within 30 days of the earlier of the date of the 
determination under Sec. 910.4 or the date a fee statement was mailed 
to a requester.
    (5) The Finance Board shall promptly refund to a requester any 
estimated advance fee paid under paragraph (f)(4) of this section that 
exceeds the actual fee. The FOIA Officer shall assess the requester for 
the amount by which the actual fee exceeds the estimated advance fee 
payment.
    (g) Fee schedule. The FOIA Officer shall assess fees in accordance 
with the following schedule:
* * * * *

    Dated: April 6, 2000.

    By the Board of Directors of the Federal Housing Finance Board.
Bruce A. Morrison,
Chairman.
[FR Doc. 00-9454 Filed 4-14-00; 8:45 am]
BILLING CODE 6725-01-P