[Federal Register: February 20, 2009 (Volume 74, Number 33)]
[Rules and Regulations]
[Page 7812-7814]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20fe09-16]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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