Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 2347 

(d) of this section, or the last extension 

thereof, you my seek judicial review 

under 5 U.S.C. 552(a)(4). 

§ 1202.10 Will FHFA expedite my request 

or appeal? 

(a) Applications for Expedited 

Processing. You may apply for 

expedited processing of an initial 

request or of an appeal. Your 

application must be in writing. FHFA 

will grant expedited processing, and 

give the request or appeal priority if 

your application demonstrates a 

compelling need for expedited 

processing by showing— 

(1) Circumstances in which the lack of 

expedited treatment could reasonably be 

expected to pose an imminent threat to 

the life or physical safety of an 

individual; 

(2) An urgency to inform the public 

about an actual or alleged Federal 

government activity if you are a person 

primarily engaged in disseminating 

information; 

(3) The loss of substantial due process 

or rights; 

(4) A matter of widespread and 

exceptional media interest in which 

there exists possible questions about the 

government’s integrity, affecting public 

confidence; or 

(5) Humanitarian need. 

(b) Certification of Compelling Need. 

Your application for expedited 

processing must include a statement 

certifying that the reasons you present 

to demonstrate a compelling need are 

true and correct to the best of your 

knowledge. 

(c) Determination on Application. 

FHFA will notify you within ten (10) 

days of receipt of your application 

whether expedited processing has been 

granted. If your application is denied, 

you may appeal under section 1202.9. 

§ 1202.11 What will it cost to get the 

records I requested? 

(a) Assessment of Fees, Generally. 

FHFA will assess you for fees covering 

the direct costs of responding to your 

request and costs for duplicating 

records, except as otherwise provided in 

a statute with respect to the 

determination of fees that may be 

assessed for disclosure, search time, or 

review of particular records. 

(b) Assessment of Fees, Categories of 

Requesters. The fees that FHFA may 

assess vary depending on the type of 

request or the type of requester you 

are— 

(1) Commercial Use. If you request 

records for a commercial use, the fees 

that FHFA may assess are limited to 

FHFA’s operating costs incurred in 

search time, and/or to review and 

duplicate records. 

(2) Educational Institution, 

Noncommercial Scientific Institution, 

Representative of the News Media. If 

you are not requesting records for 

commercial use and you are an 

educational institution, a 

noncommercial scientific institution or 

a representative of the news media, the 

fees that FHFA may assess are limited 

to FHFA’s costs incurred for duplication 

in excess of 100 pages, or an electronic 

equivalent of 100 pages. 

(3) Other. If neither paragraph (b)(1) 

nor paragraph (b)(2) of this section 

applies, the fees FHFA may assess you 

are limited to the costs FHFA incurs in 

search time and review in excess of two 

hours and to duplicate in excess of 100 

pages, or an electronic equivalent of 100 

pages. 

(c) Fee Schedule. FHFA will maintain 

a current schedule of fees on its Web 

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

(d) Notice of Anticipated Fees in 

Excess of $100.00. When FHFA 

determines or estimates that the fees 

chargeable to you will exceed $100.00, 

FHFA will notify you of the actual or 

estimated amount of fees you will incur, 

unless you earlier indicated your 

willingness to pay fees as high as those 

anticipated. When you are notified that 

the actual or estimated fees exceed 

$100.00, your FOIA request will not be 

considered received by FHFA until you 

agree to pay the anticipated total fee. 

(e) Advance Payment of Fees. FHFA 

may request that you pay estimated fees 

or a deposit in advance of responding to 

your request. If FHFA requests advance 

payment or a deposit, your request will 

not be considered received by FHFA 

until the advance payment or deposit is 

received. FHFA will request advance 

payment or a deposit only if— 

(1) The fees are likely to exceed 

$500.00. If it appears that the fees will 

exceed $500.00, FHFA will notify you of 

the likely cost and obtain satisfactory 

assurance of full payment if you have a 

history of prompt payment of FOIA fees 

to FHFA. If you do not have a history 

of payment, or if the estimate of fees 

exceeds $1,000.00, FHFA may require 

an advance payment of fees in an 

amount up to the full estimated charge 

that will be incurred; or 

(2) You previously failed to pay a fee 

to FHFA in a timely fashion, i.e., within 

30 calendar days of the date of a billing. 

FHFA may require you to make advance 

payment of the full amount of the fees 

anticipated before processing a new 

request or finishing processing of a 

pending request. If you have an 

outstanding balance due from a prior 

request, FHFA may require you to pay 

the full amount owed plus any 

applicable interest, as provided in 

paragraph (f) of this section, or 

demonstrate that the fee owed has been 

paid, as well as payment of the full 

amount of anticipated fees before 

processing your request. 

(f) Interest. FHFA may charge you 

interest on an unpaid bill starting on the 

31st calendar day following the day on 

which the bill was sent. Once a fee 

payment has been received by FHFA, 

even if not processed, FHFA will stay 

the accrual of interest. Interest charges 

shall be assessed at the rate prescribed 

by 31 U.S.C. 3717 and shall accrue from 

the date of the billing. 

(g) FHFA Assistance To Reduce Costs. 

If FHFA notifies you of estimated fees 

exceeding $100.00 or requests advance 

payment or a deposit, you will have an 

opportunity to consult with FHFA staff 

to modify or reformulate your request to 

meet your needs at a lower cost. 

§ 1202.12 Is there anything else I need to 

know about FOIA procedures? 

These FOIA regulations in this part do 

not and shall not be construed to create 

any right or to entitle any person, as of 

right, to any service or to the disclosure 

of any record to which such person is 

not entitled under FOIA. This part only 

provides procedures for requesting 

records under FOIA. 

Dated: January 9, 2009. 

James B. Lockhart III, 

Director, Federal Housing Finance Agency. 

[FR Doc. E9–808 Filed 1–14–09; 8:45 am] 

BILLING CODE 8070–01–P 

FEDERAL HOUSING FINANCE 

AGENCY 

12 CFR Part 1250 

DEPARTMENT OF HOUSING AND 

URBAN DEVELOPMENT 

Office of Federal Housing Enterprise 

Oversight 

12 CFR Part 1773 

RIN 2590–AA09 

Flood Insurance 

AGENCIES: Federal Housing Finance 

Agency; Office of Federal Housing 

Enterprise Oversight. 

ACTION: Final regulation. 

SUMMARY: The Federal Housing Finance 

Agency (FHFA) is issuing a final 

regulation that codifies the authority 

and responsibility of FHFA to oversee 

and enforce the statutory requirements 

affecting the operations of the Federal 

National Mortgage Association and the 

Federal Home Loan Mortgage 

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2348 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 

1See Division A, titled the ‘‘Federal Housing 

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

Section 1101 of HERA. 

2See sections 1302 and 1312 of HERA. 

3Codified at 42 U.S.C. 4001 et seq. and other 

scattered sections of 42 U.S.C. 

4Codified at 42 U.S.C. 4002 et seq. and other 

scattered sections of 42 U.S.C. 

5Title V of the Riegle Community Development 

and Regulatory Improvement Act of 1994, Public 

Law No. 103–325 (Sept. 23, 1994) (codified, as 

amended, at 42 U.S.C. 4001–4129, and other 

sections of the United States Code). 

6 42 U.S.C. 4012a(b)(3). 

7 42 U.S.C. 4001 note (Pub. L. 103–325, Title V, 

Section 583). 

8 42 U.S.C. 4012a(f)(3). 

9 42 U.S.C. 4012a(b)(3). 

10 42 U.S.C. 4012a(f)(3). 

11 28 U.S.C. 2461 note. 

Corporation under the Flood Disaster 

Protection Act of 1973, as amended, and 

to effect congressionally mandated 

adjustments to the civil money penalties 

applicable to violations of that law. 

DATES: The final regulation is effective 

February 17, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Andra Grossman, Counsel, telephone 

(202) 343–1313 (not a toll-free number); 

Federal Housing Finance Agency, 

Fourth Floor, 1700 G Street, NW., 

Washington, DC 20552. The telephone 

number for the Telecommunications 

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

SUPPLEMENTARY INFORMATION: 

I. Proposed Rulemaking 

The FHFA published a proposed 

Flood Insurance regulation for public 

comment in the Federal Register, 73 FR 

60198 (October 10, 2008). No comments 

were received. Accordingly, the 

proposed regulation is adopted as a final 

regulation with technical changes as 

described below under Section II.C. 

Background, Adjustment of civil money 

penalties for inflation. 

II. Background 

A. Establishment of the Federal Housing 

Finance Agency 

The Housing and Economic Recovery 

Act of 2008 (HERA), Public Law No. 

110–289, 122 Stat. 2654, amended the 

Federal Housing Enterprises Financial 

Safety and Soundness Act of 1992 (12 

U.S.C. 4501 et seq.) (Act) to establish 

FHFA as an independent agency of the 

Federal Government.1 The FHFA was 

established to oversee the prudential 

operations of the Federal National 

Mortgage Association, the Federal Home 

Loan Mortgage Corporation 

(collectively, Enterprises), and the 

Federal Home Loan Banks (collectively, 

Regulated Entities) and to ensure that 

they operate in a safe and sound manner 

including being capitalized adequately; 

foster liquid, efficient, competitive and 

resilient national housing finance 

markets; comply with the Act and rules, 

regulation, guidelines and orders issued 

under the Act, and the respective 

authorizing statutes of the Regulated 

Entities; and carry out their missions 

through activities authorized and 

consistent with the Act and their 

authorizing statutes; and, that the 

activities and operations of the 

Regulated Entities are consistent with 

the public interest. 

The Office of Federal Housing 

Enterprise Oversight (OFHEO) and the 

Federal Housing Finance Board (FHFB) 

will be abolished one year after 

enactment of the HERA. However, the 

Regulated Entities continue to operate 

under regulations promulgated by 

OFHEO and FHFB and such regulations 

are enforceable by the Director of FHFA 

until such regulations are modified, 

terminated, set aside, or superseded by 

the Director of FHFA.2

B. Flood Insurance Responsibilities 

The National Flood Insurance Act of 

1968 3 and the FDPA,4 as amended by 

the National Flood Insurance Reform 

Act of 1994 (NFIRA),5 together create a 

comprehensive National Flood 

Insurance Program that includes various 

provisions designed to ensure that 

structures built in flood plains are 

covered by statutory minimum amounts 

of flood insurance. The NFIRA has 

specific requirements explicitly 

applicable to the Enterprises.6 It 

originally designated OFHEO as the 

Federal agency responsible for 

determining compliance of the 

Enterprises’ flood insurance 

responsibilities and provided OFHEO 

with the authority to issue any 

regulations necessary to carry out the 

applicable provisions of NFIRA.7 The 

NFIRA also authorized OFHEO to 

impose civil money penalties upon an 

Enterprise that fails to implement 

procedures reasonably designed to 

ensure that the loans it purchases 

comply with the mandatory flood 

insurance purchase requirements.8

Section 1161(e) of HERA amended 

section 102(f)(3)(A) of the FDPA (42 

U.S.C. 4012a(f)(3)(a)), by replacing 

OFHEO with FHFA as the agency 

responsible for determining compliance 

of the Enterprises’ flood insurance 

responsibilities. Thus, FHFA issues this 

regulation to codify the authority and 

responsibility of FHFA to oversee and 

enforce the statutory requirements 

affecting the operations of the 

Enterprises under the FDPA, and to 

effect congressionally mandated 

adjustments to the civil money penalties 

applicable to violations of that law. This 

final regulation, when effective, will 

supersede the OFHEO Flood Insurance 

regulation at 12 CFR part 1773. 

The Enterprises have a key role in the 

implementation of the Federal 

government’s flood insurance program, 

particularly with regard to lenders that 

are not subject to direct supervision by 

a Federal regulatory agency. The 

Enterprises use their seller/servicer 

guidelines and other quality control 

review procedures to ensure that 

lenders with whom they contract 

comply with the applicable flood 

insurance laws. More specifically, each 

Enterprise is required to implement 

procedures reasonably designed to 

ensure that any mortgage loan that is 

purchased and is secured by property 

located in a designated flood hazard 

area is covered for the term of the loan 

by flood insurance in an amount at least 

equal to the lesser of (1) the outstanding 

principal balance of the loan or (2) the 

maximum limit of coverage made 

available for that type of property.9

C. Adjustment of Civil Money Penalties 

for Inflation 

The FDPA sets forth the procedures 

under which the Director of FHFA may 

impose civil money penalties against an 

Enterprise and the amounts of these 

civil money penalties.10 This regulation 

adjusts the amounts of these civil 

money penalties in accordance with the 

requirements of the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended by the Debt 

Collection Improvement Act of 1996 

(Inflation Adjustment Act).11 The 

increases in maximum civil money 

penalty amounts do not mandate the 

amount of any civil money penalty that 

FHFA may seek for a particular 

violation. FHFA continues to determine 

each civil money penalty on a case-bycase basis in light of the circumstances 

of the case. 

The Inflation Adjustment Act requires 

Federal agencies that have authority to 

issue civil money penalties to issue 

regulations that adjust each civil money 

penalty that the agency has jurisdiction 

to administer. The purpose of these 

adjustments is to maintain the deterrent 

effect of civil money penalties and 

promote compliance with the law. The 

Inflation Adjustment Act requires 

agencies to make an initial adjustment 

of their civil money penalties upon the 

statute’s enactment, and to make 

additional adjustments on an ongoing 

basis, at least once every four years 

following the initial adjustment. 

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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 2349 

12 66 FR 65101 (Dec. 18, 2001); 12 CFR part 1773. 

13The rounding rules of the Inflation Adjustment 

Act require that each increase be rounded to the 

nearest multiple as follows: $10 in the case of 

penalties less than or equal to $100; $100 in the 

case of penalties greater than $100 but less than or 

equal to $1,000; $1,000 in the case of penalties 

greater than $1,000 but less than or equal to 

$10,000; $5,000 in the case of penalties greater than 

$10,000 but less than or equal to $100,000; $10,000 

in the case of penalties greater than $100,000 but 

less than or equal to $200,000; and $5,000 in the 

case of penalties greater than $200,000. 14 42 U.S.C. 4012a(c)(2). 

Under the Inflation Adjustment Act, 

the inflation adjustment for each 

applicable civil money penalty is 

determined by increasing the maximum 

civil money penalty amount by a costof-living adjustment. As is described in 

detail below, the Inflation Adjustment 

Act provides that this cost-of-living 

adjustment is to reflect the percentage 

increase in the Consumer Price Index 

for All Urban Consumers (CPI–U) since 

the civil money penalties were last 

adjusted or established. 

The Inflation Adjustment Act directs 

Federal agencies to calculate each civil 

money penalty adjustment as the 

percentage by which the CPI–U for June 

of the calendar year preceding the 

adjustment exceeds the CPI–U for June 

of the calendar year in which the 

amount of such civil money penalty was 

last set or adjusted pursuant to law. 

When OFHEO issued the Flood 

Insurance regulation in 2001, the 

maximum civil money amounts of $350 

(for each violation) and $100,000 

(maximum annual amount for each 

Enterprise), found at 42 U.S.C. 

4012a(f)(5), were adjusted to $385 and 

$110,000, respectively.12

OFHEO did not subsequently adjust 

these civil money penalty amounts. 

Because FHFA is making this 

adjustment in calendar year 2009, rather 

than in 2008 as indicated in the 

proposed regulation, the inflation 

amount for each civil money penalty is 

calculated by comparing the CPI–U for 

June 2001 (178.000), the calendar year 

OFHEO last adjusted the civil money 

penalty, with the CPI–U for June 2008 

(218.815), rather than with the CPI–U 

for June 2007 (208.235). This results in 

an inflation adjustment of 22.93 percent 

in 2009, rather than an inflation 

adjustment of 17.05 percent if the Flood 

Insurance regulation had been 

published as final in 2008. For each 

civil money penalty, the product of this 

inflation adjustment and the previous 

maximum penalty amount is then 

rounded in accordance with the specific 

requirements of the Inflation 

Adjustment Act and added to the 

previous maximum penalty amount to 

determine the new adjusted penalty 

amount.13 Accordingly, the civil money 

penalty maximum of $385 is increased 

to $485 for each violation, as was 

proposed. The civil money penalty 

maximum of $110,000 is increased to 

$140,000 in 2009, rather than increased 

to $130,000 as proposed, for the total 

assessed penalties against an Enterprise 

during any calendar year. The increase 

would apply only to violations which 

occur after the effective date of this 

regulation. 

III. Section-by-Section Analysis 

Section 1250.1 Purpose 

This section sets forth the 

responsibilities of the Enterprises under 

the FDPA and the procedures to be used 

by FHFA in any proceeding to assess 

civil money penalties against an 

Enterprise under FDPA. 

Section 1250.2 Procedural 

Requirements 

Section 1250.2 sets forth the 

requirement that each Enterprise is to 

implement procedures reasonably 

designed to ensure that properties 

securing particular loans are properly 

insured in accordance with the National 

Flood Insurance Act of 1968, as 

amended. Consistent with 42 U.S.C. 

4012a(4), it also sets forth that the 

procedures need apply only to loans 

made, increased, extended, or renewed 

after September 22, 1995. The section 

further provides that the procedural 

requirements do not apply to any loan 

having an original outstanding principal 

balance of $5,000 or less and a 

repayment term of one year or less.14

Section 1250.3 Civil Money Penalties 

Section 1250.3 sets forth procedures 

under which the Director of FHFA may 

impose civil money penalties against an 

Enterprise. The Director may assess a 

civil money penalty against an 

Enterprise determined by the Director to 

have a pattern or practice of purchasing 

loans in violation of the procedures 

established pursuant to § 1250.2. The 

increase applies only to violations 

which occur after the date the increase 

takes effect. 

The section also sets forth notice and 

hearing requirements prior to the 

imposition of civil money penalties. A 

civil money penalty may be issued only 

after notice and an opportunity for a 

hearing on the record has been 

provided. 

In addition, the section sets forth the 

maximum amount of civil money 

penalties that may be imposed on an 

Enterprise under the regulation. A civil 

money penalty may not exceed the 

adjusted statutory amount of $485 for 

each violation and the total amount of 

penalties assessed against an Enterprise 

during any calendar year may not 

exceed the adjusted statutory cap of 

$140,000. 

Furthermore, in accordance with 42 

U.S.C. 4012a(f)(8), (9), and (10), § 1250.3 

provides that— 

(1) Any civil money penalties 

collected under this section are to be 

paid into the National Flood Mitigation 

Fund in accordance with 42 U.S.C. 

4104d, 

(2) Any civil money penalty is in 

addition to any civil remedy or criminal 

penalty otherwise available, and 

(3) No penalty may be imposed after 

the expiration of the four-year period 

beginning on the date of the occurrence 

of the violation for which the penalty is 

authorized. 

Regulatory Impact 

Paperwork Reduction Act 

This regulation does not contain any 

information collection requirement that 

requires the approval of OMB under the 

Paperwork Reduction Act (44 U.S.C. 

3501 et seq.). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (5 

U.S.C. 601 et seq.) requires that a 

regulation that has a significant 

economic impact on a substantial 

number of small entities, small 

businesses, or small organizations must 

include an initial regulatory flexibility 

analysis describing the regulation’s 

impact on small entities. Such an 

analysis need not be undertaken if the 

agency has certified that the regulation 

will not have a significant economic 

impact on a substantial number of small 

entities. 5 U.S.C. 605(b). The FHFA has 

considered the impact of the regulation 

under the Regulatory Flexibility Act. 

The FHFA certifies that the regulation is 

not likely to have a significant economic 

impact on a substantial number of small 

business entities because the regulation 

is applicable only to the Enterprises, 

which are not small entities for 

purposes of the Regulatory Flexibility 

Act. 

List of Subjects 

12 CFR Part 1250 

Government-sponsored enterprises, 

Flood insurance, Penalties, Reporting 

and recordkeeping requirements. 

12 CFR Part 1773 

Administrative practice and 

procedure, Flood insurance, Penalties, 

Reporting and recordkeeping 

requirements. 

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2350 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 

Authority and Issuance 

■ Accordingly, for the reasons stated in 

the preamble, under the authority of 12 

U.S.C. 4526, the Federal Housing 

Finance Agency amends chapters XII 

and XVII of Title 12, Code of Federal 

Regulations, as follows: 

CHAPTER XII—FEDERAL HOUSING 

FINANCE AGENCY 

■ 1. Add Subchapter C, consisting of 

part 1250 to read as follows: 

Subchapter C—Enterprises 

PART 1250—FLOOD INSURANCE 

Sec. 

1250.1 Purpose. 

1250.2 Procedural requirements. 

1250.3 Civil money penalties. 

Authority: 12 U.S.C. 4521(a)(4) and 4526; 

28 U.S.C. 2461 note; 42 U.S.C. 4001 note; 42 

U.S.C. 4012a(f)(3), (4), (5), (8), (9), and (10). 

§ 1250.1 Purpose. 

The purpose of this part is to set forth 

the responsibilities of the Federal 

National Mortgage Association and the 

Federal Home Loan Mortgage 

Corporation (collectively, Enterprises) 

under the Flood Disaster Protection Act 

of 1973 (FDPA), as amended (42 U.S.C. 

4002 et seq.) and the procedures to be 

used by the Federal Housing Finance 

Agency (FHFA) in any proceeding to 

assess civil money penalties against an 

Enterprise. 

§ 1250.2 Procedural requirements. 

(a) Procedures. An Enterprise shall 

implement procedures reasonably 

designed to ensure for any loan that is 

secured by improved real estate or a 

mobile home located in an area that has 

been identified, at the time of the 

origination of the loan or at any time 

during the term of the loan, by the 

Director of the Federal Emergency 

Management Agency as an area having 

special flood hazards and in which 

flood insurance is available under the 

National Flood Insurance Act of 1968 

(42 U.S.C. 4001 et seq.), as amended and 

purchased by the Enterprise, the 

building or mobile home and any 

personal property securing the loan is 

covered for the term of the loan by flood 

insurance in an amount at least equal to 

the lesser of the outstanding principal 

balance of the loan or the maximum 

limit of coverage made available with 

respect to the particular type of property 

under the National Flood Insurance Act 

of 1968, as amended. 

(b) Applicability. (1) Paragraph (a) of 

this section shall apply only with 

respect to any loan made, increased, 

extended, or renewed after September 

22, 1995. 

(2) Paragraph (a) of this section shall 

not apply to any loan having an original 

outstanding balance of $5,000 or less 

and a repayment term of one year or 

less. 

§ 1250.3 Civil money penalties. 

(a) In general. If an Enterprise is 

determined by the Director of FHFA, or 

his or her designee, to have a pattern or 

practice of purchasing loans in violation 

of the procedures established pursuant 

to § 1250.2, the Director of FHFA, or his 

or her designee, may assess civil money 

penalties against such Enterprise in 

such amount or amounts as deemed to 

be appropriate under paragraph (c) of 

this section. 

(b) Notice and hearing. A civil money 

penalty under this section may be 

assessed only after notice and an 

opportunity for a hearing on the record 

has been provided to the Enterprise. 

(c) Amount. The maximum civil 

money penalty amount is $385 for each 

violation that occurs before the effective 

date of this part, with total penalties not 

to exceed $110,000. For violations that 

occur on or after the effective date of 

this part, the civil money penalty under 

this section may not exceed $485 for 

each violation, with total penalties 

assessed under this section against an 

Enterprise during any calendar year not 

to exceed $140,000. 

(d) Deposit of penalties. Any penalties 

under this section shall be paid into the 

National Flood Mitigation Fund in 

accordance with section 1367 of the 

National Flood Insurance Act of 1968 

(42 U.S.C. 4104d.), as amended. 

(e) Additional penalties. Any penalty 

under this section shall be in addition 

to, and shall not preclude, any civil 

remedy, or criminal penalty otherwise 

available. 

(f) Statute of limitations. No civil 

money penalty may be imposed under 

this section after the expiration of the 

four-year period beginning on the date 

of the occurrence of the violation for 

which the penalty is authorized under 

this section. 

CHAPTER XVII—OFFICE OF FEDERAL 

HOUSING ENTERPRISE OVERSIGHT, 

DEPARTMENT OF HOUSING AND URBAN 

DEVELOPMENT 

PART 1773—[REMOVED] 

■ 2. Remove part 1773. 

Dated: January 8, 2009. 

James B. Lockhart III, 

Director, Federal Housing Finance Agency. 

[FR Doc. E9–809 Filed 1–14–09; 8:45 am] 

BILLING CODE 8070–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2008–0982; Airspace 

Docket No. 08–ANM–6] 

Modification of Class E Airspace; 

Alamosa, CO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will amend Class 

E airspace at Alamosa, CO. Additional 

controlled airspace is necessary to 

accommodate aircraft using a new Area 

Navigation (RNAV) Global Positioning 

System (GPS) Standard Instrument 

Approach Procedure (SIAP) at San Luis 

Valley Regional Airport/Bergman Field. 

This will improve the safety of 

Instrument Flight Rules (IFR) aircraft 

executing the new RNAV GPS SIAP at 

San Luis Valley Regional Airport/ 

Bergman Field, CO. 

DATES: Effective Date: 0901 UTC, March 

12, 2009. The Director of the Federal 

Register approves this incorporation by 

reference action under 1 CFR part 51, 

subject to the annual revision of FAA 

Order 7400.9 and publication of 

conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Area, 1601 Lind 

Avenue, SW., Renton, WA 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On October 28, 2008, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to 

establish additional controlled airspace 

at Alamosa, CO, (73 FR 63912). 

Interested parties were invited to 

participate in this rulemaking effort by 

submitting written comments on the 

proposal to the FAA. No comments 

were received. With the exception of 

editorial changes, this rule is the same 

as that proposed in the NPRM. 

Class E airspace designations are 

published in paragraph 6005 of FAA 

Order 7400.9S signed October 3, 2008, 

and effective October 31, 2008, which is 

incorporated by reference in 14 CFR 

part 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in that 

Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

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