Revisions to the Freedom of Information Act Regulation

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