Freedom of Information Act; implementation,

[Federal Register: February 8, 1999 (Volume 64, Number 25)]

[Rules and Regulations]

[Page 5929-5930]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[DOCID:fr08fe99-2]

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.

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 bakere@fhfb.gov, or Janice A. Kaye, Attorney-Advisor, Office of General Counsel, by telephone at 202/408-2505 or by electronic mail at kayej@fhfb.gov, Federal Housing Finance Board, 1777 F Street, N.W., Washington, D.C. 20006.

SUPPLEMENTARY INFORMATION:

1. 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.

2. 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.

3. 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).

4. 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. 99-2589Filed2-5-99; 8:45 am]

      BILLING CODE 6725-01-P