This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

6702 

Vol. 76, No. 26 

Tuesday, February 8, 2011 

1See Division A, titled the ‘‘Federal Housing 

Finance Regulatory Reform Act of 2008,’’ Title I, 

section 1101 of HERA. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Parts 103, 112, and 114 

[Docket No. APHIS–2008–0008] 

RIN 0579–AD19 

Viruses, Serums, Toxins, and 

Analogous Products; Packaging and 

Labeling 

Correction 

In proposed rule document 2011–648 

beginning on page 2268 in the issue of 

Thursday, January 13, 2011, make the 

following correction: 

On page 2269, in the third column, in 

first full paragraph, 20 lines from the 

bottom, ‘‘8 EC’’ should read ‘‘8 °C’’. 

[FR Doc. C1–2011–648 Filed 2–7–11; 8:45 am] 

BILLING CODE 1505–01–D 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Part 1228 

RIN 2590–AA41 

Private Transfer Fees 

AGENCY: Federal Housing Finance 

Agency. 

ACTION: Notice of proposed rulemaking; 

request for comment. 

SUMMARY: This proposed rule would 

restrict the regulated entities—the 

Federal National Mortgage Association 

(‘‘Fannie Mae’’), the Federal Home Loan 

Mortgage Corporation (‘‘Freddie Mac’’) 

(collectively, the ‘‘Enterprises’’), and the 

Federal Home Loan Banks (‘‘Banks’’)— 

from dealing in mortgages on properties 

encumbered by certain types of private 

transfer fee covenants and in certain 

related securities. Such covenants are 

adverse to the liquidity and stability of 

the housing finance market, and to 

financial safety and soundness. This 

proposed rule would except private 

transfer fees paid to homeowner 

associations, condominiums, 

cooperatives, and certain tax-exempt 

organizations that use the private 

transfer fees to provide a direct benefit 

to the owners of the encumbered real 

property. With limited exceptions, the 

rule would apply only prospectively to 

private transfer fee covenants created on 

or after the date of publication of the 

proposed rule. 

DATES: Written comments must be 

received on or before April 11, 2011. 

ADDRESSES: You may submit your 

comments, identified by regulatory 

identification number (RIN) 2590– 

AA41, by any of the following methods: 

• E-mail: Comments to Alfred M. 

Pollard, General Counsel, may be sent 

by e-mail to RegComments@fhfa.gov. 

Please include ‘‘RIN 2590–AA41’’ in the 

subject line of the message. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. If 

you submit your comment to the 

Federal eRulemaking Portal, please also 

send it by e-mail to FHFA at 

RegComments@fhfa.gov to ensure 

timely receipt by FHFA. Please include 

‘‘RIN 2590–AA41’’ in the subject line of 

the message. 

• U.S. Mail, United Parcel Service, 

Federal Express, or Other Mail Service: 

The mailing address for comments is: 

Alfred M. Pollard, General Counsel, 

Attention: Comments/RIN 2590–AA41, 

Federal Housing Finance Agency, 1700 

G Street, NW., Washington, DC 20552. 

• Hand Delivered/Courier: The hand 

delivery address is: Alfred M. Pollard, 

General Counsel, Attention: Comments/ 

RIN 2590–AA41, Federal Housing 

Finance Agency, 1700 G Street, NW., 

Washington, DC 20552. The package 

should be logged at the Guard’s Desk, 

First Floor, on business days between 9 

a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: For 

issues regarding this proposed rule, 

contact Christopher T. Curtis, Senior 

Deputy General Counsel, (202) 414– 

8947, christopher.curtis@fhfa.gov; David 

Pearl, Executive Advisor, Office of the 

Deputy Director for Enterprise 

Regulation, (202–414–3821), 

david.pearl@fhfa.gov; Christina 

Muradian, Senior Financial Analyst, 

Office of Examinations Policy and 

Strategic Planning, (202–408–2584), 

christina.muradian@fhfa.gov; or Prasant 

Sar, Policy Analyst, Office of Policy 

Analysis & Research, (202–343–1327), 

prasant.sar@fhfa.gov. (None of these 

telephone numbers is a toll-free 

number); Federal Housing Finance 

Agency, 1700 G Street, NW., 

Washington, DC 20552. The telephone 

number for the Telecommunications 

Device for the Deaf is (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Comments 

FHFA invites comment on all aspects 

of the proposed rule and will take all 

comments into consideration before 

issuing a final rule. Copies of all 

comments will be posted without 

change, including any personal 

information you provide, such as your 

name and address, on the FHFA Internet 

Web site at http://www.fhfa.gov. In 

addition, copies of all comments 

received will be available for 

examination by the public on business 

days between the hours of 10 a.m. and 

3 p.m. at the Federal Housing Finance 

Agency, 1700 G Street, NW., 

Washington, DC 20552. To make an 

appointment to inspect comments, 

please call the Office of General Counsel 

at (202) 414–6924. 

II. Background 

Establishment of FHFA 

FHFA is an independent agency of the 

Federal government and was established 

by the Housing and Economic Recovery 

Act of 2008 (‘‘HERA’’), Public Law 110– 

289, 122 Stat. 2654, to regulate and 

oversee the regulated entities.1 HERA 

amended the Federal Housing 

Enterprises Financial Safety and 

Soundness Act of 1992 (12 U.S.C. 4501 

et seq.) (‘‘Safety and Soundness Act’’) 

and the Federal Home Loan Bank Act 

(12 U.S.C. 1421 through 1449) (‘‘Bank 

Act’’) to enhance the authorities and 

responsibilities of the new agency. 

FHFA’s regulatory mission is to ensure, 

among other things, that each of the 

regulated entities ‘‘operates in a safe and 

sound manner’’ and that their 

‘‘operations and activities * * * foster 

liquid, efficient, competitive, and 

resilient national housing finance 

markets.’’ (12 U.S.C. 4513(a)(1)(B)) 

III. Discussion of the Federal Housing 

Finance Agency’s Proposed Guidance 

FHFA issued a proposed guidance on 

private transfer fees for comment on 


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