[Code of Federal Regulations]

[Title 24, Volume 1]

[Revised as of April 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 24CFR81.73]



[Page 460]

 

                 TITLE 24--HOUSING AND URBAN DEVELOPMENT

 

PART 81_THE SECRETARY OF HUD'S REGULATION OF THE FEDERAL NATIONAL 

MORTGAGE ASSOCIATION (FANNIE MAE) AND THE FEDERAL HOME LOAN MORTGAGE 

CORPORATION (FREDDIE MAC)--Table of Contents

 

                     Subpart F_Access to Information

 

Sec.  81.73  GSE request for proprietary treatment.



    (a) General. A GSE may request proprietary treatment of any mortgage 

data or AHAR information that the GSE submits to the Secretary. Such a 

request does not affect the GSE's responsibility to provide data or 

information required by the Secretary. Where the Secretary grants a 

request for proprietary treatment, HUD will not include the data or 

information in the public-use database or publicly disclose the data or 

information, except as otherwise provided in accordance with this 

subpart.

    (b) Request for proprietary treatment of mortgage data and AHAR 

information. Except as provided in paragraph (c) of this section, a GSE 

requesting proprietary treatment of mortgage data or AHAR information 

shall:

    (1) Clearly designate those portions of the mortgage data or AHAR 

information to be treated as proprietary, with a prominent stamp, typed 

legend, or other suitable form of notice, stating ``Proprietary 

Information--Confidential Treatment Requested by [name of GSE]'' on each 

page or portion of page to which the request applies. If such marking is 

impractical, the GSE shall attach to the mortgage data or information 

for which confidential treatment is requested a cover sheet prominently 

marked ``Proprietary Information--Confidential Treatment Requested by 

[name of GSE];''

    (2) Accompany its request with a certification by an officer or 

authorized representative of the GSE that the mortgage data or 

information is proprietary; and

    (3) Submit any additional statements in support of proprietary 

designation that the GSE chooses to provide.

    (c) Alternative procedure available for mortgage data or AHAR 

information subject to a temporary order, final order, or regulation in 

effect. When the request for proprietary treatment pertains to mortgage 

data or AHAR information that has been deemed proprietary by the 

Secretary under a temporary order, final order, or regulation in effect, 

the GSE may reference such temporary order, final order, or regulation 

in lieu of complying with paragraphs (b)(2) and (3) of this section.

    (d) Nondisclosure during pendency. Except as may otherwise be 

required by law, during the time any Request for Proprietary Treatment 

under Sec.  81.73 is pending determination by the Secretary, the data or 

information submitted by the GSE that is the subject of the request 

shall not be disclosed to, or be subject to examination by, the public 

or any person or representative of any person or agency outside of HUD.