[Federal Register Volume 74, Number 78 (Friday, April 24, 2009)]
[Rules and Regulations]
[Pages 18623-18624]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-9424]


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FEDERAL HOUSING FINANCE BOARD

12 CFR Part 910

FEDERAL HOUSING FINANCE AGENCY

12 CFR Part 1202

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Office of Federal Housing Enterprise Oversight

12 CFR Part 1703

RIN 2590-AA05


Freedom of Information Act Implementation

AGENCIES: Federal Housing Finance Agency; Federal Housing Finance 
Board; Office of Federal Housing Enterprise Oversight.

ACTION: Final rule; technical amendment.

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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.

DATES: Effective Date: May 26, 2009.

FOR FURTHER INFORMATION CONTACT: Janice Kaye, Chief FOIA Officer, 
[email protected], 202-343-1514, Federal Housing Finance Agency, 
1700 G Street NW., Washington, DC 20552. The telephone number for the 
telecommunications device for the deaf (TDD) is 800-877-8339.

SUPPLEMENTARY INFORMATION:

I. Background

    Effective July 30, 2008, Division A of the Housing and Economic 
Recovery Act of 2008 (HERA), Public Law No. 110-289, 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 IX--Federal Housing Finance Board

PART 910--[REMOVED]

0
1. Remove part 910.

CHAPTER XII--Federal Housing Finance Agency

PART 1202--FREEDOM OF INFORMATION ACT

0
2. The authority citation for part 1202 continues to read as follows:

    Authority: Pub. L. 110-289, 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 75373-75377, 3 CFR, 2006 Comp., p. 216-200.


0
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 202-414-6425 or by e-
mail at [email protected]. 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 XVII--Office of Federal Housing Enterprise Oversight, 
Department of Housing and Urban Development

PART 1703--RELEASE OF INFORMATION

0
4. The authority citation for part 1703 continues to read as follows:

    Authority: Pub. L. 110-289, 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 75373-75377, 3 CFR, 2006 Comp., p. 216-200.

Subparts A-D [Removed and Reserved]

0
5. Remove and reserve subparts A through D.

    Dated: April 15, 2009.
James B. Lockhart III,
Director, Federal Housing Finance Agency.
[FR Doc. E9-9424 Filed 4-23-09; 8:45 am]
BILLING CODE 8070-01-P