[Federal Register Volume 74, Number 33 (Friday, February 20, 2009)]
[Rules and Regulations]
[Pages 7812-7814]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-3582]


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BOARD OF DIRECTORS OF THE HOPE FOR HOMEOWNERS PROGRAM

24 CFR Part 4000

[Docket No. B-2009-F04]
RIN 2580-AA02


Rules Regarding Access to Information Under the Freedom of 
Information Act

AGENCY: Board of Directors of the HOPE for Homeowners Program 
(``Board'').

ACTION: Interim rule with request for public comment.

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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).

DATES: The interim rule is effective on February 20, 2009 Comments on 
the rule should be received by April 21, 2009.

ADDRESSES: Interested persons are invited to submit comments regarding 
this interim rule to the Regulations Division, Office of General 
Counsel, Department of Housing and Urban Development, 451 7th Street, 
SW., Room 10276, Washington, DC 20410-0500.
    Communications must refer to the above docket number and title. 
There are two methods for submitting public comments. All submissions 
must refer to the above docket number and title.
    1. Submission of Comments by Mail. Comments may be submitted by 
mail to the Regulations Division, Office of General Counsel, Department 
of Housing and Urban Development, 451 7th Street, SW., Room 10276, 
Washington, DC 20410-0500.
    2. Electronic Submission of Comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
http://www.regulations.gov. HUD strongly encourages commenters to 
submit comments electronically. Electronic submission of comments 
allows the commenter maximum time to prepare and submit a comment, 
ensures timely receipt by HUD, and enables HUD to make them immediately 
available to the public. Comments submitted electronically through the 
http://www.regulations.gov Web site can be viewed by other commenters 
and interested members of the public. Commenters should follow the 
instructions provided on that site to submit comments electronically.

    Note: To receive consideration as public comments, comments must 
be submitted through one of the two methods specified above. Again, 
all submissions must refer to the docket number and title of the 
rule.

    No Facsimile Comments. Comments submitted by facsimile (FAX) will 
not be accepted.
    Public Inspection of Public Comments. All properly submitted 
comments and communications submitted to HUD will be available for 
public inspection and copying between 8 a.m. and 5 p.m. weekdays at the 
above address. Due to security measures at the HUD Headquarters 
building, an advance appointment to review the public comments must be 
scheduled by calling the Regulations Division at 202-708-3055 (this is 
not a toll-free number). Individuals with speech or hearing impairments 
may access this number via TTY by calling the Federal Information Relay 
Service at 800-877-8339. Copies of all comments submitted are available 
for inspection and downloading at http://www.regulations.gov.

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 
20410-8000, telephone 202-708-3600 (this is not a toll-free number). 
Persons with hearing- or speech-impairments may access this number 
through TTY by calling the toll-free Federal Information Relay Service 
at 800-877-8339.

SUPPLEMENTARY INFORMATION: 

Background

    Title IV of Division A of the Housing and Economic Recovery Act of 
2008 (Pub. L. 110-289, 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

0
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 4000--BOARD OF DIRECTORS OF THE HOPE FOR HOMEOWNERS PROGRAM

Subpart A--Rules 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. 1715z-22.


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 20410-3000 (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 
202-708-3054 (this is not a toll-free 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. E9-3582 Filed 2-19-09; 8:45 am]
BILLING CODE 4210-AA-P