25162 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

(i) The name, title, and address of a

knowledgeable official in the veterinary

services of the country of origin;

(ii) The details of scrapie control

programs in the country of origin,

including information on disease

surveillance and border control

activities and the length of time these

activities have been in effect;

(iii) Any available information

concerning additions, within the 5 years

immediately preceding collection of the

semen, to the flock or herd of the semen

donor;

(iv) Any available data concerning

disease incidence, within the 5 years

immediately preceding collection of the

semen in the donor animal’s flock or

herd, including, but not limited to, the

results of diagnostic tests, especially

histopathology tests, conducted on any

animals in the flock or herd;

(v) Information concerning the health,

within the 5 years immediately

preceding collection of the semen, of

other ruminants, flocks, and herds with

which the donor animal and the donor

animal’s flock or herd might have had

physical contact, and a description of

the type and frequency of the physical

contact; and

(vi) Any other information requested

by the Administrator in specific cases as

needed to make a determination.

(g) All progeny resulting from semen

imported under this section are subject

to the requirements of 9 CFR part 54 and

all other applicable regulations.

Done in Washington, DC, this 3rd day of

May 1995.

George O. Winegar,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–11561 Filed 5–10–95; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF HOUSING AND

URBAN DEVELOPMENT

Office of Federal Housing Enterprise

Oversight

12 CFR Part 1710

RIN 2550–AA01

Releasing Information

AGENCY: Office of Federal Housing

Enterprise Oversight, HUD.

ACTION: Proposed rule.

SUMMARY: The Office of Federal Housing

Enterprise Oversight (OFHEO) is issuing

a proposed rule to set forth the basic

policies of OFHEO regarding

information it maintains and the

procedures for obtaining access to such

information. The rule contains

regulations of OFHEO implementing the

Freedom of Information Act (FOIA) and

establishes a schedule of fees which will

be charged for the processing of

document requests under the FOIA. In

addition, the proposed rule sets forth

procedures to be followed with respect

to testimony and the production of

documents in legal proceedings in

which OFHEO is not a named party as

well as procedures for service of process

upon OFHEO in any legal proceeding.

DATES: Written comments on the

proposed rule must be received by July

10, 1995.

ADDRESSES: All comments concerning

the proposed rule should be addressed

to Anne E. Dewey, General Counsel,

Office of Federal Housing Enterprise

Oversight, 1700 G Street NW., Fourth

Floor, Washington, DC 20552. Copies of

all communications received will be

available for public inspection and

copying at the same location.

FOR FURTHER INFORMATION CONTACT:

Christine C. Dion, Associate General

Counsel, 1700 G Street NW., Fourth

Floor, Washington, DC 20552 (202/414–

3800) (not a toll-free number).

SUPPLEMENTARY INFORMATION: Title XIII

of the Housing and Community

Development Act of 1992, Pub. L. No.

102–550, known as the Federal Housing

Enterprises Financial Safety and

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

et seq., established OFHEO as an

independent office within the

Department of Housing and Urban

Development. The primary function of

OFHEO is to ensure the financial safety

and soundness and the capital adequacy

of the nation’s two largest housing

finance institutions—the Federal

National Mortgage Association (Fannie

Mae) and the Federal Home Loan

Mortgage Corporation (Freddie Mac)

(collectively, the Enterprises). OFHEO

proposes to adopt this rule to explain

matters relating to the availability of

information generated and maintained

by OFHEO and to set forth procedures

for accessing such information. The

proposed rule, among other things,

implements the Freedom of Information

Act. The rule establishes procedures by

which the public may inspect OFHEO

records, request and obtain copies of

materials, and appeal denials of such

requests. This rule includes a schedule

of fees and procedures for determining

when fees should be waived or reduced.

The fee schedule conforms to guidelines

published in the Federal Register by the

Office of Management and Budget on

March 27, 1987 (52 FR 10012). The

proposed rule also implements

Executive Order 12600 by providing

predisclosure notification procedures

for confidential commercial or financial

information.

In addition, the proposed rule sets

forth the procedures to be followed with

respect to testimony concerning official

matters and production of official

documents of OFHEO in legal

proceedings in which OFHEO is not a

named party. The proposed rule

establishes the procedures for effecting

service upon OFHEO in any legal

process, including service of process by

litigants seeking access to OFHEO

records.

SECTION-BY-SECTION ANALYSIS

I. Information and Records Generally

Subpart A of the proposed rule

contains general provisions relating to

disclosure of information and records in

the possession of OFHEO. Section

1710.1 sets forth procedures for

disclosure of such materials by OFHEO

employees. Section 1710.2 provides that

the disclosure requirements of the FOIA

and the proposed rule apply to all

OFHEO records. It also provides that if

another statute sets forth procedures for

the disclosure of specific types of

records, OFHEO will process a request

for those records in accordance with the

procedures that apply to those specific

records. However, in cases where the

record is not required to be released

under the specific procedures set forth

in another statute, OFHEO will consider

the request under the FOIA. In addition,

section 1710.2 describes the

relationship between the FOIA and the

Privacy Act of 1974 (Privacy Act), 5

U.S.C. 552a, and explains that records

that are available through an established

distribution system should preferably be

obtained through that system, rather

than pursuant to the provisions of the

FOIA.

Section 1710.3 of subpart A contains

a general provision providing that

reports of examinations prepared by

OFHEO are the property of OFHEO and

may only be disclosed in accordance

with this section or with the prior

written consent of the Director of

OFHEO. The section further provides

that any unauthorized use or disclosure

of such reports may be subject to

penalties under federal law. Section

1710.3 explains that the Director will

make available to each Enterprise a copy

of the examination report of that

Enterprise and that the Enterprise may

not disclose or use such reports except

as expressly permitted by the Director.

The section also explains that the

Director has discretion to make the

examination reports available for the

confidential use of governmental
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25163

agencies responsible for investigating

and enforcing applicable laws.

II. Availability of OFHEO Records

Subpart B implements the FOIA, 5

U.S.C. 552, and describes (1) The types

of OFHEO records available to the

public upon request, (2) the kinds of

information exempt from disclosure, (3)

the indexing procedures for OFHEO

records that are available to the public,

(4) the format for requesting records

under the FOIA, (5) the procedures for

responding to FOIA requests, (6) the

format of the responses, (7) the

procedures for appealing denials of

requests, and (8) the time limits to

which OFHEO will adhere in processing

FOIA requests and appeals. Subpart B

also contains OFHEO’s procedures for

disclosure of business information

provided to OFHEO.

Section 1710.11 describes OFHEO

records that are available pursuant to 5

U.S.C. 552(a) for public inspection and

copying at the offices of OFHEO. These

records include any final orders and

agreements made in adjudication of

cases, which are enumerated in section

1710.41 of the proposed rule. Section

1710.11 also describes the classes of

OFHEO records that are exempt from

disclosure. These exemptions follow the

exemptions provided in the FOIA.

These exemptions permit OFHEO’s

Freedom of Information Officer to

withhold a requested record in certain

circumstances. In deciding whether to

withhold material, consideration will be

given as to whether another statute,

Executive order, or regulation prohibits

release or, if not, whether it would be

in the public interest to withhold it.

Section 1710.12 sets forth the

indexing requirements as to any records

OFHEO maintains which are required to

be indexed under 5 U.S.C. 552(a)(2).

The section contains the Director’s

determination that, because of the lack

of requests to date for records required

to be indexed, such indexes do not need

to be published quarterly.

Section 1710.13 contains rules of

procedure for requesting records under

the FOIA. Requests for OFHEO records

should be in writing and addressed to

OFHEO’s Freedom of Information

Officer. Each request should contain

sufficient detail to allow the Freedom of

Information Officer to locate the record

with a reasonable amount of effort. If a

request is too broad or too vague to

allow the record to be located with a

reasonable amount of effort, OFHEO

will assist the requester in revising the

request as appropriate.

Procedures for OFHEO’s response to

FOIA requests are explained in sections

1710.14 and 1710.15. OFHEO’s Freedom

of Information Officer has been

designated responsibility in proposed

section 1710.14 to grant or deny such

requests and to determine fees.

Paragraph (b) of the section also

provides that OFHEO will ordinarily

refer FOIA requests for records that

originated in another government

agency to that agency for response. In

such cases, the requester will be notified

of the referral. As specified in paragraph

(c) of section 1710.14, in cases where a

requester asks for a record in a format

that does not currently exist, OFHEO

will provide whatever records

reasonably respond to the request, but

will not create a new record in order to

respond. Moreover, under paragraph (d)

of section 1710.14, if a record cannot be

located from the information supplied,

the Freedom of Information Officer will

so inform the requester.

Proposed section 1710.15 requires the

Freedom of Information Officer to notify

a requester in writing of the

determination to grant a request in

whole or in part. The response must

describe the manner in which the record

will be disclosed and inform the

requester of any fees that will be

charged. Similarly, the Freedom of

Information Officer’s determination to

deny a request in whole or in part must

be made in writing and signed by

OFHEO’s Freedom of Information

Officer. Consistent with section

1710.15(b) as proposed, any denial is to

contain a brief statement describing the

basis of the denial, including the FOIA

exemption(s) that is relied upon.

Moreover, the denial must state that the

requester has a right to appeal and must

explain OFHEO’s appeal procedures.

OFHEO’s appeal procedures are set

forth in section 1710.16 of the proposed

rule. Denials may be appealed to

OFHEO’s Freedom of Information

Appeals Officer within 30 days after

receipt of a denial letter. Appeals must

be in writing and must contain reasons

for, or arguments in support of,

disclosure. OFHEO will respond to

appeals in writing and will specify the

reason for affirming any original denial.

When a denial is reversed in whole or

in part, the request for disclosure will be

processed promptly. The decision on

appeal is OFHEO’s final action on a

request. Requesters have a right to seek

judicial review of the final action under

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

Section 1710.17 of the proposed rule

describes the time limits to which

OFHEO will adhere in responding to

initial requests and appeals of denials of

requests. The time limits applicable to

either may be extended up to a total of

ten days (excluding weekends and legal

holidays) in unusual circumstances, i.e.,

when the records are in a location other

than the main office of OFHEO, the

request is for a large number of records,

or OFHEO must consult with another

agency or with various offices within

OFHEO.

Proposed section 1710.18 contains

OFHEO’s procedures for disclosure of

business information provided to

OFHEO. Generally, the section would

require submitters of business

information to designate those portions

of their submissions they believe may be

exempt from disclosure under

Exemption 4 of the FOIA. If records so

designated are subsequently requested

under the FOIA, in most cases the

submitter will have an opportunity to

provide a written objection to

disclosure. The written objection must

demonstrate why the information is

contended to be a trade secret or

commercial or financial information

that is privileged or confidential and

why disclosure would cause

competitive harm. Whenever possible,

the submitter’s claim of confidentiality

should be supported by a statement or

certification by an officer or authorized

representative of the submitter.

Information provided by a submitter for

the purpose of objecting to disclosure

may itself be subject to disclosure under

the FOIA.

III. Fees for Provision of Information

Subpart C of the proposed rule

contains provisions relating to the fees

which will be assessed for services

rendered in responding to and

processing requests for records under

the FOIA. Fees are to be based on the

type of service provided, e.g., search,

review, and duplication, as well as the

category of person making the request,

e.g., commercial user, educational

institution, and news media. Generally,

commercial requesters will pay the full

amount of permissible fees relating to

record search, review and duplication.

Educational and noncommercial

scientific institutions and the news

media will pay only duplication costs,

excluding charges for the first 100

pages. All other requesters will be

assessed fees for search and duplication,

except that the first 100 pages of

duplication and the first two hours of

search time will be furnished without

charge. As a matter of policy, OFHEO

will not charge fees for any individual

request if the cost of collecting a fee

would equal or exceed the fee itself.

Additionally, under the proposal,

OFHEO may furnish records without

charge or at a reduced charge where

disclosure of the requested information

is in the public interest because it is

likely to contribute significantly to
25164 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

public understanding of the operations

or activities of the federal government

and is not primarily in the commercial

interest of the requester. In making this

determination, OFHEO will apply the

six analytical factors set out by the

Department of Justice in its advisory

memorandum on making FOIA fee

waiver determinations. The

memorandum, titled ‘‘New FOIA Fee

Waiver Policy Guidance,’’ was issued by

the Assistant Attorney General for Legal

Policy to the heads of all federal

agencies on April 2, 1987. The factors

enumerated in the memorandum have

been incorporated in proposed section

1710.24.

Section 1710.25 as proposed contains

a number of miscellaneous provisions

concerning fees, including a

requirement that requesters pay in

advance fees likely to exceed $250.00.

However, advance payment may not be

required in the case of a requester who

has a history of prompt payment. This

section also includes a provision

permitting interest to be charged on fees

over 30 days past due at the rate

prescribed in 31 U.S.C. 3717 for an

outstanding debt on a U.S. Government

claim.

IV. Testimony and Production of

Documents in Legal Proceedings in

Which OFHEO Is Not a Named Party

Subpart D prescribes the policies and

procedures of OFHEO with respect to

the testimony of official matters and

production of official documents of

OFHEO in legal proceedings in which

OFHEO is not a named party. The

subpart does not affect the rights and

procedures governing public access to

OFHEO documents pursuant to the

FOIA or the Privacy Act.

Section 1710.31 sets forth the purpose

of subpart D which is to (1) ensure the

confidentiality of OFHEO documents

and information, (2) maintain the

impartial position of OFHEO in

litigation in which OFHEO is not a

named party, (3) conserve the time of

OFHEO employees for their official

duties, and (4) enable the Director to

determine when to authorize testimony

and the release of documents in legal

proceedings in which OFHEO is not a

named party.

Section 1710.32 contains the

definitions applicable to the subpart.

Section 1710.33 provides the general

policy of OFHEO with respect to

testimony and production of documents

in any legal proceeding in which

OFHEO is not a named party, i.e.,

OFHEO employees, including former

OFHEO employees, are prohibited from

disclosing any information obtained in

or resulting from their official capacities

unless the Director determines in

writing that disclosure would be in the

best interest of OFHEO or in the public

interest. Section 1710.33 further

provides that, prior to any authorized

testimony or release of official

documents, the requesting party must

obtain a protective order from the court

before which the action is pending to

preserve the confidentiality of the

testimony or documents subsequently

produced.

Section 1710.34 describes the

procedures to which OFHEO will

adhere to enable the Director to

determine whether to grant requests for

testimony concerning official matters or

disclosure of official documents.

Section 1710.35 provides that the scope

of permissible testimony by an OFHEO

employee is limited to that set forth in

the written authorization granted that

employee by the Director. The section

also prohibits OFHEO employees from

giving opinion testimony in any legal

proceeding to which OFHEO is not a

party. OFHEO believes that the use of

OFHEO employees to give opinion

testimony would hamper OFHEO’s

ability to carry out its statutory

responsibilities and would impose an

administrative burden on OFHEO’s

staff.

Section 1710.36 describes the manner

in which authorized testimony of

OFHEO employees will be made

available. The section provides that the

testimony will be available only through

depositions or written interrogatories. A

party requesting authorized testimony

must serve a subpoena on the OFHEO

employee in accordance with applicable

federal or state rules of procedure, with

a copy of the subpoena sent by

registered mail to OFHEO’s General

Counsel. Upon completion of an

authorized deposition at OFHEO’s

office, a copy of the transcript of the

testimony shall be furnished at the

requesting party’s expense to OFHEO’s

General Counsel.

Section 1710.37 describes the manner

in which official documents authorized

for release by the Director will be

produced. Certified or authenticated

copies of OFHEO documents authorized

by the Director to be released under

subpart D will be provided upon

request.

Section 1710.38 describes the fees

charged for documents produced by

OFHEO in connection with requests

under subpart D. Unless waived or

reduced, OFHEO will charge for

searches for documents, duplication of

documents, and certification or

authentication of documents as detailed

in the section.

Section 1710.39 provides that an

OFHEO employee served with a

demand in a legal proceeding, which

requires his or her attendance as a

witness concerning OFHEO or the

production of official documents or

information, must notify OFHEO’s

General Counsel of such service. The

notification would assist the General

Counsel in determining whether the

individual should be authorized to

testify or the material requested should

be made available. When authorization

to testify or produce documents is not

granted by the Director, OFHEO’s

General Counsel shall provide the party

issuing the demand or the court with a

copy of the regulations contained in

subpart D and also shall advise the party

or the court that the OFHEO employee

upon whom the demand has been made

is prohibited from testifying or

producing the documents without the

Director’s prior approval.

Proposed section 1710.39 also

provides that any OFHEO employee

who has official information that has

not been approved for disclosure must

respond to a legal process by attending

at the time and place required. The

individual shall respectfully decline to

disclose the information on the basis of

subpart D of the proposed rule. If a court

orders disclosure contrary to the

Director’s instructions, the OFHEO

employee shall continue to decline to

disclose the information and shall

advise OFHEO of the order for such

action as OFHEO may deem

appropriate. Notably, a determination

by OFHEO to comply or not to comply

with any demand shall not constitute

any ground for noncompliance and

OFHEO may oppose any demand on any

legal basis independent of its

determination under subpart D of the

proposed rule.

Section 1710.40 pertains to persons

who are not employees or former

employees of OFHEO. Non-OFHEO

persons may not disclose reports

generated by OFHEO, or any related

documents, to any person without the

Director’s prior written consent.

Moreover, any non-OFHEO person

served with a demand in a legal

proceeding requiring that person to

produce OFHEO documents or to testify

with respect thereto, must (1) notify

OFHEO’s General Counsel regarding the

service, (2) object to production of such

documents or information contained

therein on the basis that the documents

are the property of OFHEO and cannot

be released without OFHEO’s consent,

and (3) note that the documents’

production must be sought from OFHEO

following procedures set forth in

proposed sections 1710.34(b) and (c)
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25165

and 1710.37(b) of subpart D of the

proposed rule.

Section 1710.41 of the proposed rule

enumerates documents that OFHEO

shall make available to the public. The

records include any final orders or

agreements made in adjudication of

cases and transcripts of public hearings

on the record with respect to any action

of the Director or notice of charges

issued by the Director. The section does

not authorize the withholding of any

information from, or prohibit the

disclosure of any information to,

Congress.

V. Rules and Procedures for Service

Upon OFHEO

Section 1710.51 provides that, with

limited exceptions, any legal process on

OFHEO must be issued and served upon

OFHEO’s General Counsel and any

OFHEO personnel named in the caption

of the documents. Service may be

effected by either personal delivery or

by registered or certified mail to the

General Counsel at OFHEO’s office.

Regulatory Impact

Executive Order 12606, The Family

The General Counsel, as the

designated Official under Executive

Order 12606, The Family, has

determined that this proposed rule does

not have potential for significant impact

on family formation, maintenance, and

general well-being, and thus, is not

subject to review under Executive Order

12606.

Executive Order 12612, Federalism

The General Counsel, as Designated

Official under section 6(a) of Executive

Order 12612, Federalism, has

determined that the policies contained

in this proposed rule will not have

substantial direct effects on states or

their political subdivisions, or the

relationship between the federal

government and the states, or on the

distribution of power and

responsibilities among the various

levels of government. As a result, the

proposed rule does not warrant the

preparation of a Federalism Assessment

in accordance with Executive Order

12612.

Executive Order 12866, Regulatory

Planning and Review

In promulgating this proposed rule,

the Office of Federal Housing Enterprise

Oversight has adhered to the regulatory

philosophy and the applicable

principles of regulations set forth in

section 1 of Executive Order 12866,

Regulatory Planning and Review. This

proposed rule has been reviewed by the

Office of Management and Budget under

that Executive Order.

Regulatory Flexibility Act

Pursuant to section 605(b) of the

Regulatory Flexibility Act, 5 U.S.C. 601

et seq., the General Counsel has certified

that this proposed rule will not have

significant economic impact on a

substantial number of small entities.

Paperwork Reduction Act

This proposed rule contains no

information collection requirements that

require the approval of the Office of

Management and Budget pursuant to the

Paperwork Reduction Act of 1980, 44

U.S.C. 3501 et seq.

List of Subjects in 12 CFR Part 1710

Administrative practice and

procedure, Confidential business

information, Freedom of information.

Accordingly, for the reasons set out in

the preamble, the Office of Federal

Housing Enterprise Oversight proposes

to amend Chapter XVII of Title 12 of the

Code of Federal Regulations by adding

Part 1710 to read as follows:

PART 1710—RELEASING

INFORMATION

Subpart A—Information and Records

Generally

Sec.

1710.1 General rule.

1710.2 Applicability.

1710.3 Office of Federal Housing Enterprise

Oversight examination reports.

Subpart B—Availability of Records of the

Office of Federal Housing Enterprise

Oversight

1710.11 Official records of the Office of

Federal Housing Enterprise Oversight.

1710.12 Index identifying information for

the public.

1710.13 Request for records.

1710.14 Response to requests.

1710.15 Form and content of responses.

1710.16 Appeal of denials.

1710.17 Time limits.

1710.18 Business information.

Subpart C—Fees for Provision of

Information

1710.21 Definitions.

1710.22 Fees to be charged—general.

1710.23 Fees to be charged—categories of

requesters.

1710.24 Limitations on charging fees.

1710.25 Miscellaneous fee provisions.

Subpart D—Testimony and Production of

Documents in Legal Proceedings in Which

the Office of Federal Housing Enterprise

Oversight is Not a Named Party

1710.31 General purposes.

1710.32 Definitions.

1710.33 General Policy.

1710.34 Request for testimony or

production of documents.

1710.35 Scope of permissible testimony.

1710.36 Manner in which testimony is

given.

1710.37 Manner in which documents will

be produced.

1710.38 Fees.

1710.39 Responses to demands served on

OFHEO employees.

1710.40 Responses to demands served on

non-OFHEO employees or entities.

1710.41 Orders and agreements available to

the public.

Subpart E—Rules and Procedures for

Service Upon the Office of Federal Housing

Enterprise Oversight

1710.51 Service of Process.

Authority: 5 U.S.C. 552; 12 U.S.C. 4513,

4526, 4639; E.O. 12600, 3 CFR, 1987 Comp.,

p. 235.

Subpart A—Information and Records

Generally

§ 1710.1 General rule.

Except as necessary in performing

official duties or as authorized by

§§ 1710.11 through 1710.39 of this part,

no employee of the Office of Federal

Housing Enterprise Oversight (OFHEO)

shall in any manner disclose or permit

disclosure of any information in the

possession of OFHEO that is

confidential or otherwise of a nonpublic nature, including information

regarding OFHEO or the Federal

National Mortgage Association (Fannie

Mae) or the Federal Home Loan

Mortgage Corporation (Freddie Mac)

(collectively, the Enterprises).

§ 1710.2 Applicability.

(a) General. The Freedom of

Information Act (FOIA) and the

regulations in this part apply to all

OFHEO records. However, if another

law sets forth procedures for the

disclosure of specific types of records,

OFHEO will process a request for those

records in accordance with the

procedures that apply to those specific

records. If there is any record which is

not required to be released under those

provisions, OFHEO will consider the

request under the FOIA and the

regulations in this part.

(b) The relationship between the FOIA

and the Privacy Act of 1974. The

Privacy Act of 1974 (Privacy Act), 5

U.S.C. 552a, applies to records that are

about individuals, but only if the

records are in a system of records as

defined in the Privacy Act. Requests

from individuals for records about

themselves which are contained in an

OFHEO system of records will be

processed under the provisions of the

Privacy Act as well as the FOIA. OFHEO

will not deny access by a first party to

a record under the FOIA or the Privacy

Act unless the record is not available to
25166 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

that individual under both the Privacy

Act and the FOIA.

(c) Records available through routine

distribution procedures. When the

record requested includes material

published and offered for sale, e.g., by

the Superintendent of Documents or the

Government Printing Office, or which is

available to the public through an

established distribution system (such as

that of the National Technical

Information Service of the Department

of Commerce), OFHEO will first refer

the requester to those sources.

Nevertheless, if the requester is not

satisfied with the alternative sources,

OFHEO will process the request under

the FOIA.

§ 1710.3 Office of Federal Housing

Enterprise Oversight examination reports.

(a) General. Reports of examinations

prepared by OFHEO may be disclosed

only in accordance with this part or

with the prior written consent of the

Director of OFHEO. No person, agency,

or authority, or director, officer,

employee, or agent thereof, shall

disclose any such report or information

contained therein in any manner except

as authorized in accordance with this

subpart. The report of examination is

the property of OFHEO and any

unauthorized use or disclosure of such

report may be subject to the penalties

provided in 18 U.S.C. 641.

(b) Enterprises. The Director makes

available to each Enterprise a copy of

OFHEO’s report of examination of such

Enterprise. The report of examination is

the property of OFHEO and is loaned to

the Enterprise for its confidential use

only. Under no circumstance shall the

Enterprise or any director, officer,

employee, or agent thereof, make public

or disclose in any manner the report of

examination or any portion of the

contents thereof to any person or

organization not officially connected

with the Enterprise as director, officer,

employee, attorney, auditor, or

independent auditor. Any other

disclosure or use of this report except as

expressly permitted by the Director may

be subject to the penalties of 18 U.S.C.

641.

(c) Government agencies. The Director

of OFHEO may make available reports

of examination for the confidential use

of federal agencies responsible for

investigating or enforcing applicable

federal laws.

Subpart B—Availability of Records of

the Office of Federal Housing

Enterprise Oversight

§ 1710.11 Official records of the Office of

Federal Housing Enterprise Oversight.

(a) OFHEO shall, upon a written

request for records which reasonably

describes the information or records and

is made in accordance with the

provisions of this subpart, make the

records available as promptly as

practicable to any person for inspection

and/or copying, except as provided in

paragraph (d) of this section.

(b) Records available. OFHEO records

which are required by 5 U.S.C. 552(a)(2)

to be made available for public

inspection and copying are maintained

at OFHEO’s offices located at 1700 G

Street, NW., Fourth Floor, Washington,

DC 20552. The records include—

(1) Any final opinions, as well as

orders made in adjudication of cases as

set forth in § 1710.41 of this part;

(2) Any statements of policy and

interpretation that have been adopted by

OFHEO and are not published in the

Federal Register;

(3) Any administrative staff manuals

and instructions to staff that affect a

member of the public, and which are

not exempt from disclosure under 5

U.S.C. 552(b); and

(4) Any current indexes providing

identifying information for the public as

to any matter which OFHEO has issued,

adopted or promulgated, and is required

by 5 U.S.C. 552(a)(2) to be made

available or published.

(c) Copying. The cost of copying

information available in the offices of

OFHEO shall be imposed on a requester

in accordance with the provisions of

subpart C of this part.

(d) Records not available. Except as

otherwise provided in this part, or as

may be specifically authorized by the

Director of OFHEO, the following

information and records, or portions

thereof, are not available to the public—

(1) Any record, or portion thereof,

which is

(i) Specifically authorized under

criteria established by an Executive

order to be kept secret in the interest of

national defense or foreign policy and

(ii) Is in fact properly classified

pursuant to such Executive order;

(2) Any record, or portion thereof,

related solely to the internal personnel

rules and practices of OFHEO;

(3) Any record, or portion thereof,

which is specifically exempted from

disclosure by statute (other than 5

U.S.C. 552(b)), provided that such

statute

(i) Requires that the matters be

withheld from the public in such a

manner as to leave no discretion on the

issue, or

(ii) Establishes particular criteria for

withholding or refers to particular types

of matters to be withheld;

(4) Any matter that is a trade secret or

that constitutes commercial or financial

information obtained from a person and

that is privileged or confidential;

(5) Any matter contained in interagency or intra-agency memoranda or

letters which would not be available by

law to a private party in litigation with

OFHEO;

(6) Any information contained in

personnel and medical files and similar

files (including financial files) the

disclosure of which would constitute a

clearly unwarranted invasion of

personal privacy;

(7) Any records or information

compiled for law enforcement purposes,

but only to the extent that the

production of such law enforcement

records or information—

(i) Could reasonably be expected to

interfere with enforcement proceedings;

(ii) Would deprive a person of a right

to fair trial or an impartial adjudication;

(iii) Could reasonably be expected to

constitute an unwarranted invasion of

personal privacy;

(iv) Could reasonably be expected to

disclose the identity of a confidential

source, including a State, local, or

foreign agency or authority or any

private institution or an Enterprise

regulated and examined by OFHEO

which furnished information on a

confidential basis, and, in the case of a

record of information compiled by a

criminal law enforcement authority in

the course of a criminal investigation or

by an agency conducting a lawful

national security intelligence

investigation, information furnished by

a confidential source;

(v) Would disclose techniques and

procedures for law enforcement

investigations or prosecutions, or would

disclose guidelines for law enforcement

investigations or prosecutions if such

disclosure could reasonably be expected

to risk circumvention of the law; or

(vi) Could reasonably be expected to

endanger the life or physical safety of

any individual;

(8) Any matter that is contained in or

related to examination, operating, or

condition reports that are prepared by,

on behalf of, or for the use of OFHEO;

or

(9) Any geological and geophysical

information and data, including maps,

concerning wells.

(e) Even if an exemption described in

paragraph (d) of this section may be

reasonably applicable to a requested

record, or portion thereof, OFHEO may
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elect under the circumstances of any

particular request not to apply the

exemption to such requested record, or

portion thereof. The fact that the

exemption is not applied by OFHEO to

any requested record, or portion thereof,

has no precedential significance as to

the application or nonapplication of the

exemption to any other requested

record, or portion thereof, no matter

when the request is received.

(f) Any reasonably segregable portion

of a record shall be provided to any

person properly requesting such record

after deletion of the portions which are

exempt under this subpart.

(g) To the extent necessary to prevent

an invasion of personal privacy, the

Director may delete identifying details

from a document described in paragraph

(b) of this section. In each case of such

deletion, the justification therefore will

be clearly explained in writing.

(h) This section does not authorize

withholding of information or limit the

availability of records to the public,

except as specifically stated in this

section. This section is not authority to

withhold information from Congress.

§ 1710.12 Index identifying information for

the public.

(a) OFHEO will maintain and make

available for public inspection and

copying a current index of materials

available at the office of OFHEO which

are required to be indexed under 5

U.S.C. 552(a)(2).

(b) Because of the lack of requests to

date for material required to be indexed,

the Director of OFHEO has determined

that it is unnecessary and impracticable

to publish quarterly, or more frequently,

and distribute (by sale or otherwise)

copies of each index and supplements

thereto, as provided in 5 U.S.C.

552(a)(2). However, OFHEO will

provide a copy of such indexes to a

member of the public upon request, at

a cost not to exceed the direct cost of

duplication and mailing, if sending

records by other than ordinary mail.

§ 1710.13 Requests for records.

(a) Addressing requests. Requests for

records in the possession of OFHEO

shall be made in writing. The envelope

and the request both should be clearly

marked ‘‘FOIA Request,’’ and addressed

to: Freedom of Information Officer,

Office of Federal Housing Enterprise

Oversight, 1700 G Street NW, Fourth

Floor, Washington, DC 20552. A request

improperly addressed will be deemed

not to have been received for purposes

of the ten-day time period set forth in

§ 1710.17(a) of this subpart until it is

received, or would have been received

with the exercise of due diligence by

OFHEO personnel, by the Freedom of

Information Officer. Records requested

in conformance with this subpart and

which are not exempt records may be

received in person or by mail as

specified in the request. Records to be

received in person will be available for

inspection or copying during business

hours on a regular business day in the

office of OFHEO.

(b) Description of records. Each

request must reasonably describe the

desired records in sufficient detail to

enable OFHEO personnel to locate the

records with a reasonable amount of

effort. A request for a specific category

of records will be regarded as fulfilling

this requirement if it enables responsive

records to be identified by a technique

or process that is not unreasonably

burdensome or disruptive of OFHEO

operations.

(1) Whenever possible, a request

should include specific information

about each record sought, such as the

date, title or name, author, recipient,

and subject matter of the record.

(2) If the Freedom of Information

Officer determines that a request does

not reasonably describe the records

sought, he or she will either advise the

requester what additional information is

needed to locate the record, or

otherwise state why the request is

insufficient. The Freedom of

Information Officer will also extend to

the requester an opportunity to confer

with OFHEO personnel with the

objective of reformulating the request in

a manner which will meet the

requirements of this section.

§ 1710.14 Responses to requests.

(a) Response to initial request. The

Freedom of Information Officer of

OFHEO is authorized to grant or deny

any request for a record and to

determine appropriate fees.

(b) Referral to another agency. When

a requester seeks records that originated

in another federal government agency,

OFHEO will normally refer the request

to the other agency for response. If

OFHEO refers the request to another

agency, it will notify the requester of the

referral. A request for any records

classified by some other agency will be

referred to that agency for response.

(c) Creating records. If a person seeks

information from OFHEO in a format

that does not currently exist, OFHEO

will not ordinarily reformat the

information for the purpose of

responding to the request. OFHEO’s

Freedom of Information Officer will

advise the requester that OFHEO does

not have the record in the format

sought, but will provide records in

existing formats that would reasonably

respond to the request. Additionally,

OFHEO will not develop a new record

of information to satisfy a request.

(d) Record cannot be located. If a

requested record cannot be located from

the information supplied, the Freedom

of Information Officer will so notify the

requester in writing.

§ 1710.15 Form and content of responses.

(a) Form of notice granting a request.

After the Freedom of Information

Officer has made a determination to

grant a request in whole or in part, the

requester will be notified in writing.

The notice shall describe the manner in

which the record will be disclosed,

whether by providing a copy of the

record with the response or at a later

date, or by making a copy of the record

available to the requester for inspection

at a reasonable time and place. The

procedure for such an inspection may

not unreasonably disrupt the operation

of OFHEO. The response letter will also

inform the requester of any fees to be

charged in accordance with the

provisions of subpart C of this part.

(b) Form of notice denying a request.

When the Freedom of Information

Officer denies a request in whole or in

part, he or she will so notify the

requester in writing. The response will

be signed by the Freedom of Information

Officer and will include:

(1) The name and title or position of

the person making the denial;

(2) A brief statement of the reason or

reasons for the denial, including the

FOIA exemption or exemptions which

the Freedom of Information Officer has

relied upon in denying the request; and

(3) A statement that the denial may be

appealed under § 1710.16 of this

subpart, and a description of the

requirements of that section.

§ 1710.16 Appeals of denials.

(a) Right of appeal. If a request has

been denied in whole or in part, the

requester may appeal the denial to:

Freedom of Information Appeals

Officer, Office of Federal Housing

Enterprise Oversight, 1700 G Street,

NW, Fourth Floor, Washington, DC

20552.

(b) Letter of appeal. The appeal must

be in writing and must be sent within

30 days of receipt of the denial letter.

An appeal should include a copy of the

initial request, a copy of the letter

denying the request in whole or in part,

and a statement of the circumstances,

reasons or arguments advanced in

support of disclosure of the requested

record. Both the envelope and the letter

of appeal must be clearly marked ‘‘FOIA

Appeal.’’ An appeal improperly

addressed shall be deemed not to have
25168 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

been received for purposes of the 20-day

time period set forth in paragraph (b) of

§ 1710.17 until it is received, or would

have been received with the exercise of

due diligence by OFHEO personnel, by

the Freedom of Information Appeals

Officer.

(c) Action on appeal. The disposition

of an appeal will be in writing and will

constitute the final action of OFHEO on

a request. A decision affirming in whole

or in part the denial of a request will

include a brief statement of the reason

or reasons for affirmance, including

each FOIA exemption relied on. If the

denial of a request is reversed in whole

or in part on appeal, the request will be

processed promptly in accordance with

the decision on appeal.

(d) Judicial review. If the denial of the

request for records is upheld in whole

or in part, or, if a determination on the

appeal has not been mailed at the end

of the 20-day period or the last

extension thereof, the requester is

deemed to have exhausted his or her

administrative remedies, giving rise to a

right of judicial review under 5 U.S.C.

552(a)(4).

§ 1710.17 Time limits.

(a) Initial request. Following receipt of

a request for records, the Freedom of

Information Officer will determine

whether to comply with the request and

will notify the requester in writing of

his or her determination within ten days

(excluding Saturdays, Sundays, and

legal holidays) after receipt of the

request.

(b) Appeal. A written determination

on an appeal submitted in accordance

with § 1710.16 of this subpart will be

issued within 20 days (excluding

Saturdays, Sundays, and legal holidays)

after receipt of the appeal. When a

determination cannot be mailed within

the applicable time limit, the appeal

will nevertheless be processed. In such

case, upon the expiration of the time

limit, the requester will be informed of

the reason for the delay, of the date on

which a determination may be expected

to be mailed, and of that person’s right

to seek judicial review. The requester

may be asked to forego judicial review

until determination of the appeal.

(c) Extension of time limits. The time

limits specified in either paragraph (a)

or (b) of this section may be extended

in unusual circumstances up to a total

of ten days (excluding Saturdays,

Sundays, and legal holidays) after

written notice to the requester setting

forth the reasons for the extension and

the date on which a determination is

expected to be made. As used in this

paragraph, unusual circumstances

means that there is a need to—

(1) Search for and collect the

requested records from facilities that are

separate from the office processing the

request;

(2) Search for, collect, and

appropriately examine a voluminous

amount of separate and distinct records

which are demanded in a single request;

or

(3) Consult with another agency

having a substantial interest in the

determination of the request, or consult

with various offices within OFHEO that

have a substantial interest in the records

requested.

§ 1710.18 Business Information.

(a) In general. Business information

provided to OFHEO by a business

submitter shall not be disclosed

pursuant to a FOIA request except in

accordance with this section.

(b) Definitions. For the purpose of this

section, the following definitions shall

apply:

(1) Business information means trade

secrets or other commercial or financial

information, provided to OFHEO by a

submitter, which arguably is protected

from disclosure under Exemption 4 of

the Freedom of Information Act, 5

U.S.C. 552(b)(4).

(2) Business submitter means any

person or entity which provides

business information, directly or

indirectly, to OFHEO and who has a

proprietary interest in the information.

(3) Freedom of Information Officer

means the Freedom of Information

Officer of OFHEO.

(4) Freedom of Information Appeals

Officer means the Freedom of

Information Appeals Officer of OFHEO.

(5) Requester means the person or

entity making the FOIA request.

(c) Designation of business

information. Submitters of business

information should use good-faith

efforts to designate, by appropriate

markings, either at the time of

submission or at a reasonable time

thereafter, those portions of their

submissions which they deem to be

protected under Exemption 4 of the

FOIA, 5 U.S.C. 552(b)(4). Any such

designation will expire ten years after

the records were submitted to the

government, unless the submitter

requests, and provides reasonable

justification for, a designation period of

longer duration.

(d) Predisclosure notification. (1)

Except as is provided for in paragraph

(i) of this section, the Freedom of

Information Officer shall, to the extent

permitted by law, provide a submitter

with prompt written notice of a FOIA

request or administrative appeal

encompassing its business information

whenever required under paragraph (e)

of this section. Such notice shall either

describe the exact nature of the business

information requested or provide copies

of the records or portions thereof

containing the business information.

The requester also shall be notified that

notice and an opportunity to object are

being provided to the submitter.

(2) Whenever the Freedom of

Information Officer provides a business

submitter with the notice set forth in

paragraph (e)(1) of this section, the

Freedom of Information Officer shall

notify the requester that the request

includes information that may arguably

be exempt from disclosure under 5

U.S.C. 552(b)(4) and that the person or

entity who submitted the information to

OFHEO has been given the opportunity

to comment on the proposed disclosure

of information.

(e) When notice is required. OFHEO

shall provide a business submitter with

notice of a request whenever:

(1) The business submitter has in

good faith designated the information as

commercially or financially sensitive

information deemed protected from

disclosure under 5 U.S.C. 552(b)(4); or

(2) OFHEO has reason to believe that

disclosure of the information may result

in commercial or financial injury to the

business submitter.

(f) Opportunity to object to disclosure.

Through the notice described in

paragraph (d) of this section, OFHEO

shall, to the extent permitted by law,

afford a business submitter a reasonable

period within which it can provide

OFHEO with a detailed written

statement of any objection to disclosure.

Such statement shall demonstrate why

the information is contended to be a

trade secret or commercial or financial

information that is privileged or

confidential and why disclosure would

cause competitive harm. Whenever

possible, the business submitter’s claim

of confidentiality should be supported

by a statement or certification by an

officer or authorized representative of

the business submitter. Information

provided by a submitter pursuant to this

paragraph may itself be subject to

disclosure under the FOIA.

(g) Notice of intent to disclose. (1) The

Freedom of Information Officer shall

consider carefully a business submitter’s

objections and specific grounds for

nondisclosure prior to determining

whether to disclose business

information. Whenever the Freedom of

Information Officer decides to disclose

business information over the objection

of a business submitter, the Freedom of

Information Officer shall forward to the

business submitter a written notice at

least ten days (excluding Saturdays,
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25169

Sundays, and legal holidays) before the

date of disclosure containing—

(i) A statement of the reasons for

which the business submitter’s

disclosure objections were not

sustained,

(ii) A description of the business

information to be disclosed, and

(iii) A specified disclosure date.

(2) Such notice of intent to disclose

shall be forwarded to the submitter a

reasonable number of days prior to the

specified disclosure date and the

requester shall be notified likewise.

(h) Notice of FOIA lawsuit. Whenever

a requester brings suit seeking to compel

disclosure of business information, the

Freedom of Information Officer shall

promptly notify the business submitter

of such action.

(i) Exceptions to predisclosure

notification. The requirements of this

section shall not apply if—

(1) The Freedom of Information

Officer determines that the information

should not be disclosed;

(2) The information lawfully has been

published or has been officially made

available to the public;

(3) Disclosure of the information is

required by law (other than 5 U.S.C

552); or

(4) The designation made by the

submitter in accordance with paragraph

(c) of this section appears obviously

frivolous; except that, in such a case, the

Freedom of Information Officer will

provide the submitter with written

notice of any final administrative

decision to disclose business

information within a reasonable number

of days prior to a specified disclosure

date.

Subpart C—Fees for Provision of

Information

§ 1710.21 Definitions.

For the purpose of this subpart, the

following definitions shall apply:

(a) Commercial use request means a

request for information that is from, or

on behalf of, a requester seeking

information for a use or purpose that

furthers the commercial, trade, or profit

interests of the requester or the person

on whose behalf the request is being

made. To determine whether a request

is properly classified as a commercial

use request, OFHEO shall determine the

purpose for which the requested

documents shall be used. If OFHEO has

reasonable cause to doubt the purpose

specified in the request for which a

requester will use the records sought, or

where the purpose is not clear from the

request itself, OFHEO shall seek

additional clarification before assigning

the request to a specified category.

(b) Direct costs means the

expenditures actually incurred by

OFHEO in searching for and

reproducing documents to respond to a

request for information. In the case of a

commercial use request, the term also

means those expenditures OFHEO

actually incurs in reviewing documents

to respond to the request. The direct

cost shall include the salary of the

employee performing work (the basic

rate of pay for the employee plus 16

percent of that rate to cover benefits)

and the cost of operating duplication

equipment. Not included in direct costs

are overhead expenses such as costs of

space, and heating or lighting the

facility in which the records are stored.

(c) Educational institution means a

preschool, a public or private

elementary or secondary school, an

institution of undergraduate higher

education, an institution of graduate

higher education, an institution of

professional education, and an

institution of vocational education,

which operates a program or programs

of scholarly research.

(d) Non-commercial scientific

institution refers to an institution that is

not operated on a commercial, trade, or

profit basis and which is operated solely

for the purpose of conducting scientific

research, the results of which are not

intended to promote any particular

product or industry.

(e) Representative of the news media

means any person actively gathering

news for an entity that is organized and

operated to publish or broadcast news to

the public. The term news means

information that is about current events

or that would be of current interest to

the public. Examples of news media

entities include television or radio

stations broadcasting to the public at

large, and publishers of periodicals (but

only in those instances in which the

periodicals can qualify as disseminators

of ‘‘news’’) who make their products

available for purchase or subscription

by the general public. These examples

are not intended to be all-inclusive. As

traditional methods of news delivery

evolve, e.g., electronic dissemination of

newspapers through telecommunication

services, such alternative media would

be included in this category.

‘‘Freelance’’ journalists may be regarded

as working for a news organization if

they can demonstrate a solid basis for

expecting publication through that

organization even though they are not

actually employed by the organization.

A publication contract would be the

clearest proof that a journalist is

working for a news organization, but

OFHEO may look to the requester’s past

publication record to determine whether

a journalist is working for a news

organization.

(f) Reproduce and reproduction mean

the process of making a copy of a

document necessary to respond to a

request for information. Such copies

take the form of paper copy, microfilm,

audio-visual materials, or machine

readable documentation, e.g., magnetic

tape or disk. The copy provided shall be

in a form that is reasonably usable by

requesters.

(g) Review means the process of

examining documents located in

response to a request for information to

determine whether any portion of any

document located is permitted to be

withheld. It also includes processing

any documents for disclosure, e.g.,

doing all that is necessary to prepare the

documents for release. The term review

does not include the time spent

resolving general legal or policy issues

regarding the application of exemptions.

OFHEO shall only charge fees for

reviewing documents in response to a

commercial use request.

(h) The term search includes all time

spent looking for material that is

responsive to a request for information,

including page-by-page or line-by-line

identification of material within

documents. The term search includes

the extraction of information from a

computer using existing programming.

Searching for materials shall be done in

the most efficient and least expensive

manner so as to minimize the costs of

OFHEO and the requester. For example,

a line-by-line search for responsive

material should not be performed when

merely reproducing an entire document

would be less expensive and the faster

method of complying with the request

for information. A search for material

that is responsive to a request should be

distinguished from a review of material

to determine whether the material is

exempt from disclosure.

§ 1710.22 Fees to be charged—general.

(a) Policy. Generally, the fees charged

for requests for records pursuant to 5

U.S.C. 552 shall cover the full allowable

direct costs of searching for,

reproducing, and reviewing documents

that are responsive to a request for

information. Fees shall be assessed

according to the schedule contained in

paragraph (b) of this section and the

category of requesters described in

§ 1710.23 of this subpart for services

rendered by OFHEO staff in responding

to, and processing requests for, records

under this part. Fees assessed will be

paid by check or money order payable

to the Office of Federal Housing

Enterprise Oversight.
25170 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

(b) Types of charges. The types of

charges that may be assessed in

connection with the production of

records in response to a FOIA request

are as follows:

(1) Searches. (i) Manual searches for

records. Whenever feasible, OFHEO will

charge at the salary rate(s), i.e., basic pay

plus 16 percent, of the employee(s)

making the search. Charges for search

time will be billed by 15-minute

segments.

(ii) Computer searches for records.

Requesters will be charged at the actual

direct costs of conducting a search using

existing programming. These direct

costs will include the cost of operating

the central processing unit for that

portion of operating time that is directly

attributable to searching for records and

the operator/programmer salary, i.e.,

basic pay plus 16 percent, apportionable

to the search. A charge shall also be

made for any substantial amounts of

special supplies or materials used to

contain, present, or make available the

output of computers, based upon the

prevailing levels of costs to OFHEO for

the type and amount of such supplies of

materials that are used. Nothing in this

paragraph shall be construed to entitle

any person or entity, as of right, to any

services in connection with

computerized records, other than

services to which such person or entity

may be entitled under the provisions of

this subpart. OFHEO will not alter or

develop programming to conduct a

search.

(iii) Unproductive searches. OFHEO

will charge search fees even if no

records are found which are responsive

to the request, or if the records found

are exempt from disclosure.

(2) Duplication. Records will be

reproduced at a rate of $.15 per page.

For copies prepared by computer, such

as tapes or printouts, the requester shall

be charged the actual cost, including

operator time, of production of the tape

or printout. For other methods of

reproduction, the actual direct costs of

reproducing the document(s) shall be

charged.

(3) Review. Only requesters who are

seeking documents for commercial use

may be charged for time spent reviewing

records to determine whether they are

exempt from mandatory disclosure.

Charges may be assessed only for initial

review, i.e., the review undertaken the

first time OFHEO analyzes the

applicability of a specific exemption to

a particular record or portion of a

record. Records or portions of records

withheld in full under an exemption

that is subsequently determined not to

apply may be reviewed again to

determine the applicability of other

exemptions not previously considered.

The costs for such a subsequent review

are properly assessable.

(4) Other services and materials.

Where OFHEO elects, as a matter of

administrative discretion, to comply

with a request for a special service or

materials, such as certifying that records

are true copies or sending records by

special methods, the actual direct costs

of providing the service or materials

will be charged.

§ 1710.23 Fees to be charged—categories

of requesters.

(a) Fees for various requester

categories. Paragraphs (b) through (e) of

this section state, for each category of

requester, the types of fees generally

charged by OFHEO. However, for each

of these categories, the fees may be

limited, waived or reduced in

accordance with the provisions set forth

in paragraph (c) of § 1710.24. If OFHEO

has reasonable cause to doubt the

purpose specified in the request for

which a requester will use the records

sought, or where the purpose is not

clear from the request itself, OFHEO

will seek clarification before assigning

the request a specific category.

(b) Commercial use requester. OFHEO

shall charge fees for records requested

by persons or entities making a

commercial use request in an amount

that equals the full direct costs for

searching for, reviewing for release, and

reproducing the records sought.

Commercial use requesters are not

entitled to two hours of free search time

nor 100 free pages of reproduction of

documents. In accordance with

§ 1710.22, commercial use requesters

may be charged the costs of searching

for and reviewing records even if there

is ultimately no disclosure of records.

(c) Educational and noncommercial

scientific institutions. OFHEO shall

charge fees for records requested by, or

on behalf of, educational institutions

and non-commercial scientific

institutions in an amount which equals

the cost of reproducing the documents

responsive to the request, excluding the

cost of reproducing the first 100 pages.

No search fee shall be charged with

respect to requests by educational and

noncommercial scientific institutions.

For a request to be included in this

category, requesters must show that the

request being made is authorized by and

under the auspices of a qualifying

institution and that the records are not

sought for commercial use but are

sought in furtherance of scholarly

research (if the request is from an

educational institution) or scientific

research (if the request is from a noncommercial scientific institution).

(d) News media. OFHEO shall charge

fees for records requested by

representatives of the news media in an

amount which equals the cost of

reproducing the documents responsive

to the request, excluding the costs of

reproducing the first 100 pages. No

search fee shall be charged with respect

to requests by representatives of the

news media. For a request to be

included in this category, the requester

must qualify as a representative of the

news media and the request must not be

made for a commercial use. A request

for records supporting the news

dissemination function of the requester

shall not be considered to be a request

that is for commercial use.

(e) All other requesters. OFHEO shall

charge fees for records requested by

persons or entities that are not classified

in any of the categories listed in

paragraphs (b), (c), or (d) of this section

in an amount that equals the full

reasonable direct cost of searching for

and reproducing records that are

responsive to the request, excluding the

first two hours of search time and the

cost of reproducing the first 100 pages

of records. In accordance with

§ 1710.22, requesters in this category

may be charged the cost of searching for

records even if there is ultimately no

disclosure of records, excluding the first

two hours of search time.

(f) For purposes of the exceptions

contained in this section on assessment

of fees, the word pages refers to paper

copies of ‘‘81⁄2×11’’ or ‘‘11×14.’’ Thus,

requesters are not entitled to 100

microfiche or 100 computer disks, for

example. A microfiche containing the

equivalent of 100 pages or a computer

disk containing the equivalent of 100

pages of computer printout meets the

terms of the exception.

(g) For purposes of paragraph (e) of

this section, the term search time has as

its basis, manual search. To apply this

term to searches made by computer,

OFHEO will determine the hourly cost

of operating the central processing unit

and the operator’s hourly salary plus 16

percent. When the cost of the search

(including the operator time and the

cost of operating the computer to

process a request) equals the equivalent

dollar amount of two hours of the salary

plus 16 percent of the person

performing the search, i.e., the operator,

OFHEO will begin assessing charges for

the computer.

§ 1710.24 Limitations on charging fees.

(a) In general. Except for requesters

seeking records for a commercial use as

described in § 1710.23(b), OFHEO will

provide, without charge, the first 100

pages of duplication and the first two
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25171

hours of search time, or their cost

equivalent.

(b) No fee charged. OFHEO will not

charge fees to any requester, including

commercial use requesters, if the cost of

collecting a fee would be equal to or

greater than the fee itself. The elements

to be considered in determining the

‘‘cost of collecting a fee’’ are the

administrative costs of receiving and

recording a requester’s remittance, and

processing the fee.

(c) Waiver or reduction of fees.

OFHEO may grant a waiver or reduction

of fees if OFHEO determines that the

disclosure of the information is in the

public interest because it is likely to

contribute significantly to public

understanding of the operations or

activities of the Federal government,

and the disclosure of the information is

not primarily in the commercial interest

of the requester. Requests for a waiver

or reduction of fees will be considered

on a case-by-case basis.

(1) The following factors will be

considered by OFHEO in determining

whether a waiver or reduction of fees is

in the public interest:

(i) The subject of the request: Whether

the subject of the requested records

concerns ‘‘the operations or activities of

the government.’’ The subject matter of

the requested records, in the context of

the request, must specifically concern

identifiable operations or activities of

the Federal government with a

connection that is direct and clear, not

remote or attenuated. Furthermore, the

records must be sought for their

informative value with respect to those

government operations or activities; a

request for access to records for their

intrinsic informational content alone

will not satisfy this threshold

consideration.

(ii) The informative value of the

information to be disclosed: Whether

the disclosure is ‘‘likely to contribute’’ to

an understanding of government

operations or activities. The disclosable

portions of the requested records must

be meaningfully informative on specific

government operations or activities in

order to hold potential for contributing

to increased public understanding of

those operations and activities. The

disclosure of information that is already

in the public domain, in either a

duplicative or substantially identical

form, would not be likely to contribute

to such understanding, as nothing new

would be added to the public record.

(iii) The contribution to an

understanding of the subject by the

general public: Whether disclosure of

the requested information will

contribute to the ‘‘public

understanding.’’ The disclosure must

contribute to the understanding of the

public at large, as opposed to the

individual understanding of the

requester or a narrow segment of

interested persons. A requester’s

identity and qualifications, e.g.,

expertise in the subject area and ability

and intention to convey information to

the general public, will be considered.

(iv) The significance of the

contribution in public understanding:

Whether the disclosure is likely to

‘‘significantly enhance’’ the public

understanding of government

operations or activities. The public’s

understanding of the subject matter in

question, as compared to the level of

public understanding existing prior to

the disclosure, must be likely to be

enhanced by the disclosure to a

significant extent. The Freedom of

Information Officer shall not make a

separate value judgment as to whether

information, even though it in fact

would contribute significantly to public

understanding of the operations or

activities of the government, is

‘‘important’’ enough to be made public.

(2) In order to determine whether the

second fee waiver requirement is met,

i.e., that disclosure of the requested

information is not primarily in the

commercial interest of the requester,

OFHEO shall consider the following two

factors in sequence:

(i) The existence and magnitude of a

commercial interest: Whether the

requester, or any person on whose

behalf the requester may be acting, has

a commercial interest that would be

furthered by the requested disclosure. In

assessing the magnitude of identified

commercial interests, consideration will

be given to the effect that the

information disclosed would have on

those commercial interests, as well as to

the extent to which FOIA disclosures

serve those interests overall. Requesters

shall be given a reasonable opportunity

in the administrative process to provide

information bearing upon this

consideration.

(ii) The primary interest in disclosure:

Whether the magnitude of the identified

commercial interest of the requester is

sufficiently large in comparison with the

public interest in disclosure, that

disclosure is ‘‘primarily in the

commercial interest of the requester.’’ A

fee waiver or reduction is warranted

only where, once the ‘‘public interest’’

standard set out in paragraph (c)(1) of

this section is satisfied, that public

interest can fairly be regarded as greater

in magnitude than that of the requester’s

commercial interest in disclosure.

OFHEO will ordinarily presume that,

where a news media requester has

satisfied the public interest standard,

the public interest will be serviced

primarily by disclosure to that

requester. Disclosure to requesters who

compile and market Federal government

information for direct economic return

will not be presumed to primarily serve

the ‘‘public interest.’’

(3) Where only a portion of the

requested record satisfies the

requirements for a waiver or reduction

of fees under this paragraph, a waiver or

reduction shall be granted only as to

that portion.

(4) A request for a waiver or reduction

of fees must accompany the request for

disclosure of records, and should

include—

(i) A clear statement of the requester’s

interest in the documents;

(ii) The proposed use of the

documents and whether the requester

will derive income or other benefit from

such use;

(iii) A statement of how the public

will benefit from release of the

requested documents; and

(iv) If specialized use of the

documents is contemplated, a statement

of the requester’s qualifications that are

relevant to the specialized use.

(5) A requester may appeal the denial

of a request for a waiver or reduction of

fees in accordance with the provisions

of § 1710.16.

§ 1710.25 Miscellaneous fee provisions.

(a) Notice of anticipated fees in excess

of $25.00. Where OFHEO determines or

estimates that the fees chargeable will

amount to more than $25.00, OFHEO

shall promptly notify the requester of

the actual or estimated amount of fees

or such portion thereof that can be

readily estimated, unless the requester

has indicated his or her willingness to

pay fees as high as those anticipated.

Where a requester has been notified that

the actual or estimated fees may exceed

$25.00, the request will be deemed not

to have been received until the requester

has agreed to pay the anticipated total

fee. A notice to the requester pursuant

to this paragraph will include the

opportunity to confer with OFHEO

personnel in order to reformulate the

request to meet the requester’s needs at

a lower cost.

(b) Aggregating requests. A requester

may not file multiple requests at the

same time, each seeking portions of a

document or documents, solely in order

to avoid the payment of fees. When

OFHEO reasonably believes that a

requester, or a group of requesters acting

in concert, is attempting to break a

request into a series of requests for the

purpose of evading the assessment of

fees, OFHEO may aggregate such

requests and charge accordingly. One
25172 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

element to be considered in determining

whether a belief would be reasonable is

the time period over which the requests

have occurred. OFHEO will presume

that multiple requests of this type made

within a 30-day period have been made

in order to evade fees. Where requests

are separated by a longer period,

OFHEO shall aggregate them only where

there exists a solid basis for determining

that such aggregation is warranted, e.g.,

where the requests involve clearly

related matters. Multiple requests

regarding unrelated matters will not be

aggregated.

(c) Advance payment of fees. OFHEO

does not require an advance payment

before work is commenced or

continued, unless:

(1) OFHEO estimates or determines

that the fees are likely to exceed

$250.00. If it appears that the fees will

exceed $250.00, OFHEO will notify the

requester of the likely cost and obtain

satisfactory assurance of full payment

where the requester has a history of

prompt payment of FOIA fees. In the

case of requesters with no history of

payment, OFHEO may require an

advance payment of fees in an amount

up to the full estimated charge that will

be incurred; or

(2) The requester has previously failed

to pay a fee in a timely fashion, i.e.,

within 30 days of the date of a billing.

In such cases, OFHEO may require the

requester to pay the full amount owed

plus any applicable interest, as provided

in paragraph (d) of this section, or

demonstrate that the fee owed has been

paid, prior to processing any further

record request. Under these

circumstances, OFHEO may require the

requester to make an advance payment

of the full amount of the fees anticipated

before processing a new request or

finishing processing of a pending

request from that requester.

(3) A request for an advance deposit

shall include an offer to the requester to

confer with identified OFHEO

personnel to attempt to reformulate the

request in a manner which will meet the

needs of the requester at a lower cost.

(4) When OFHEO requests an advance

payment of fees, the administrative time

limits described in 5 U.S.C. 552(a)(6)

begin only after OFHEO has received

the advance payment.

(d) Interest. OFHEO may assess

interest charges on an unpaid bill

starting on the 31st day following the

day on which the bill was sent. Once a

fee payment has been received by

OFHEO, even if not processed, the

accrual of interest shall be stayed.

Interest charges shall be assessed at the

rate prescribed in 31 U.S.C. 3717 and

shall accrue from the date of the billing.

Subpart D—Testimony and Production

of Documents in Legal Proceedings in

Which the Office of Federal Housing

Enterprise Oversight is Not a Named

Party

§ 1710.31 General purposes.

The purposes of this subpart are to

maintain the confidentiality of official

documents and information of OFHEO,

conserve the time of OFHEO employees

for their official duties, maintain the

impartial position of OFHEO in

litigation in which OFHEO is not a

named party, and enable the Director to

determine when to authorize testimony

and to produce documents in legal

proceedings in which OFHEO is not a

named party. This subpart sets forth the

procedures to be followed with respect

to testimony concerning official matters

and production of official documents of

OFHEO in legal proceedings in which

OFHEO is not a named party. This

subpart in no way affects the rights and

procedures governing public access to

official documents pursuant to the

Freedom of Information Act or the

Privacy Act.

§ 1710.32 Definitions.

For the purpose of this subpart:

(a) Court means any entity conducting

a legal proceeding.

(b) Demand means any order,

subpoena, or other legal process for

testimony or documents.

(c) Director means the Director of

OFHEO or his or her designee.

(d) Document means any record or

paper, including but not limited to a

report, credit review, audit,

examination, letter, telegram,

memorandum, study, calendar and

diary entry, log, graph, pamphlet, note,

chart, tabulation, analysis, statistical or

information accumulation, any kind of

record of meetings and conversations,

film impression, magnetic tape, or any

electronic media, disk, film, or

mechanical reproduction that is

generated, obtained, or adopted by

OFHEO in connection with the conduct

of its official business.

(e) Employee means any officer,

former officer, employee, or former

employee of OFHEO; any conservator

appointed by OFHEO; or any agent or

independent contractor acting on behalf

of OFHEO, even though the

appointment or contract has terminated.

(f) General Counsel means the General

Counsel of OFHEO or his or her

designee.

(g) Legal proceeding means any

administrative, civil, or criminal

proceeding, including a discovery

proceeding therein, before a court of

law, administrative board or

commission, hearing officer, or other

body in which OFHEO is not a named

party or in which OFHEO has not

instituted the administrative

investigation or administrative hearing.

(h) Official means concerning the

authorized business of OFHEO.

(i) OFHEO Counsel means the General

Counsel or his or her designee, a

Department of Justice attorney, or

counsel authorized by OFHEO to act on

behalf of OFHEO or an employee.

(j) OFHEO means the Office of Federal

Housing Enterprise Oversight.

(k) Person means any individual, or

any agency, corporation, partnership,

trust, association, joint venture, pool,

syndicate, sole proprietorship,

unincorporated organization, or any

other form of entity not specifically

listed herein but does not include

OFHEO or any OFHEO employee.

§ 1710.33 General policy.

It is the policy of OFHEO that in any

legal proceeding in which OFHEO is not

a named party, no employee of OFHEO

shall, in response to a demand, produce

any material contained in the files of

OFHEO, or disclose any information

relating to, or based upon, material

contained in the files of OFHEO, or

disclose or produce any material

acquired as part of the performance of

that employee’s official duties or

because of that employee’s official

status. Under appropriate

circumstances, the Director may grant

exceptions in writing to this policy

when the Director determines that the

testimony of OFHEO employees or

disclosure of official documents would

be in the best interest of OFHEO or in

the public interest. Prior to any

authorized testimony or release of

official documents, the requesting party

shall obtain a protective order from the

court before which the action is pending

to preserve the confidentiality of the

testimony or documents subsequently

produced. The protective order shall be

in a form satisfactory to OFHEO.

§ 1710.34 Request for testimony or

production of documents.

(a) No OFHEO employee shall give

testimony concerning official matters or

produce any official documents in any

legal proceeding to which OFHEO is not

a named party without the prior written

authorization of the Director.

(b) If testimony by an OFHEO

employee concerning official matters or

the production of official documents is

desired, the requesting party, or his or

her attorney, shall submit a letter to the

Director setting forth the title of the

case, the forum, the requesting party’s

interest in the case, a summary of the
Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules 25173

issues in the litigation, the reasons for

the request, and a showing that the

desired testimony, documents, or

information are not reasonably available

from any other source. If an appearance

or testimony is requested, the letter

shall also set forth the intended use of

the testimony, a general summary of the

scope of the testimony requested, and a

showing that no document could be

provided and used in lieu of the

testimony or other appearance

requested.

(c) The General Counsel is authorized

to consult with the requesting party or

his or her attorney to refine and limit

the request so that compliance is less

burdensome, or obtain information

necessary to make the determination

described in § 1710.33 of this part.

Failure of the requesting party, or his or

her attorney, to cooperate in good faith

with the General Counsel to enable the

Director to make an informed

determination under this subpart may

serve as the basis for a determination

not to comply with the request.

§ 1710.35 Scope of permissible testimony.

(a) The scope of permissible

testimony by an OFHEO employee is

limited to that set forth in the written

authorization granted that employee by

the Director.

(b) OFHEO employees are not

authorized to give opinion testimony.

OFHEO, as the regulatory agency

charged with the responsibility of

examining, supervising, and regulating

the financial safety and soundness and

capital adequacy of the Enterprises

under the Federal Housing Enterprises

Financial Safety and Soundness Act of

1992, 12 U.S.C. 4501 et seq., relies on

the ability of its employees to gather full

and complete information in order to

carry out its statutory responsibilities.

The use of OFHEO employees to give

opinion testimony would hamper

OFHEO’s ability to carry out its

statutory responsibilities and would

cause a serious administrative burden

on OFHEO’s staff.

§ 1710.36 Manner in which testimony is

given.

(a) Authorized testimony of OFHEO

employees will be made available only

through depositions or written

interrogatories.

(b) Where, in response to a request,

the Director determines that

circumstances warrant authorizing

testimony by an OFHEO employee, the

requesting party shall cause a subpoena

to be served on the employee in

accordance with applicable Federal or

State rules of procedure, with a copy of

the subpoena sent by registered or

certified mail to the General Counsel.

(c) Normally, authorized depositions

will be taken at OFHEO’s office, and at

a time arranged with the employee that

is reasonably fixed to avoid substantial

interference with the performance of the

employee’s duties.

(d) Upon completion of the deposition

of an OFHEO employee, a copy of the

transcript of the testimony shall be

furnished, at the expense of the party

requesting the deposition, to the General

Counsel for OFHEO’s files.

§ 1710.37 Manner in which documents will

be produced.

(a) An OFHEO employee’s

authorization to produce official

documents is limited to the authority

granted that employee by the Director.

(b) Certified or authenticated copies of

official OFHEO documents authorized

by the Director to be released under this

subpart will be provided upon request.

§ 1710.38 Fees.

Unless waived or reduced, the

following fees shall be charged for

documents produced by OFHEO in

connection with requests subject to this

subpart:

(a) Searches for documents. OFHEO

will charge at the salary rate(s), i.e.,

basic pay plus 16 percent, of the

employee(s) making the search. Charges

for search time will be billed by 15

minute segments.

(b) Copying of documents. The

standard copying charge for documents

in paper copy is $.15 per page. When

responsive information is provided in a

format other than paper copy, such as in

the form of computer tapes and disks,

OFHEO will assess the direct costs of

the tape, disk, or whatever medium is

used to produce the information, as well

as any related reproduction costs.

Normally, only one copy will be

provided. Additional copies will be

provided only upon a showing of

demonstrated need.

(c) Certification or authentication of

documents. OFHEO will charge $3.00

for each certification or authentication

of documents.

(d) Computer searches. Services of

personnel in the nature of a computer

search shall be charged at rates

prescribed in paragraph (a) of this

section. A charge shall be made for the

computer time involved, based upon the

prevailing level of costs to OFHEO and

upon the particular types of computer

and associated equipment and the

amount of time that such equipment is

utilized. A charge shall also be made for

any substantial amount of special

supplies or materials used to contain,

present, or make available the output of

computers, based upon prevailing levels

of costs to OFHEO and upon the type

and amount of such supplies or

materials that are used.

(e) Other costs. When other services

and materials not specifically identified

in this section are requested and

provided, their actual cost to OFHEO

shall be charged.

(f) Payments of fees. A bill will be

forwarded to the requesting party upon

completion of the production. Payment

shall be made by check or money order

payable to the Office of Federal Housing

Enterprise Oversight.

§ 1710.39 Response to demands served on

OFHEO employees.

(a) Advice by person served. Any

OFHEO employee who is served with a

demand in a legal proceeding requiring

his or her personal attendance as a

witness or requiring the production of

documents or information in any

proceeding, shall immediately notify

OFHEO’s General Counsel of such

service, of the testimony and documents

described in the demand, and of all

relevant facts which may be of

assistance to the General Counsel in

determining whether the individual in

question should be authorized to testify

or the material requested should be

made available.

(b) When authorization to testify or to

produce documents has not been

granted by the Director, OFHEO Counsel

shall provide the party issuing the

demand or the court with a copy of the

regulations contained in this subpart

and shall inform the party issuing the

demand or the court that the employee

upon whom the demand has been made

is prohibited from testifying or

producing documents without the prior

approval of the Director.

(c) Appearance by person served.

Unless OFHEO has authorized

disclosure of the information requested,

any OFHEO employee who has OFHEO

information that may not be disclosed,

and who is required to respond to a

subpoena or other legal process, shall

attend at the time and place required

and respectfully decline to disclose or to

give any testimony with respect to the

information, basing such refusal upon

the provisions of this subpart. If the

court nevertheless orders the disclosure

of the information or the giving of

testimony irrespective of instructions

from the Director not to produce the

documents or disclose the information

sought, the OFHEO employee upon

whom the demand has been made shall

continue to decline respectfully to

disclose the information and shall

report promptly the facts to OFHEO for
25174 Federal Register / Vol. 60, No. 91 / Thursday, May 11, 1995 / Proposed Rules

such action as OFHEO may deem

appropriate.

(d) A determination under this

subpart to comply or not to comply with

any demand shall not constitute an

assertion or waiver of privilege, lack of

relevance, technical deficiencies or any

other ground for noncompliance.

OFHEO reserves the right to oppose any

demand on any legal ground

independent of its determination under

this subpart.

§ 1710.40 Responses to demands served

on non-OFHEO employees or entities for

OFHEO documents.

(a) OFHEO reports of examinations, or

any documents related thereto, are the

property of OFHEO and are not to be

disclosed to any person without the

Director’s prior written consent.

(b) If any person who has possession

of an OFHEO report of examination, or

any documents related thereto, is served

with a demand in a legal proceeding

directing that person to produce such

OFHEO documents or to testify with

respect thereto, such person shall

immediately notify OFHEO’s General

Counsel of such service, of the

testimony and described documents in

the demand, and of all relevant facts.

Such person shall also object to the

production of such documents or

information contained therein on the

basis that the documents are the

property of OFHEO and cannot be

released without OFHEO’s consent and

that their production must be sought

from OFHEO following the procedures

set forth in § 1710.33, § 1710.34 (b) and

(c), and § 1710.37(b) of this part.

§ 1710.41 Orders and agreements

available to the public.

(a) General. OFHEO shall make the

following documents available to the

public:

(1) Any written agreement or other

written statement for which a violation

may be redressed by the Director or any

modification to or termination thereof,

unless the Director, in the Director’s

discretion, determines that public

disclosure would be contrary to the

public interest;

(2) Any order that is issued with

respect to any administrative

enforcement proceeding initiated by the

Director that has become final in

accordance with 12 U.S.C. 4633 and

4634; and

(3) Any modification to or termination

of any final order made public pursuant

to this section.

(4) Transcripts of any public

enforcement hearing on the record with

respect to any action of the Director or

notice of charges issued by the Director

shall be available to the public.

(b) Delay of public disclosure under

exceptional circumstances. If the

Director makes a determination in

writing that the public disclosure of any

final order pursuant to paragraph (a) of

this section would seriously threaten

the financial health or security of the

Enterprise, the Director may delay the

public disclosure of such order for a

reasonable time.

(c) Documents filed under seal in

public enforcement hearings. The

Director may file any document or part

thereof under seal in any hearing

commenced by the Director if the

Director determines in writing that

disclosure thereof would be contrary to

the public interest.

(d) Retention of documents. The

Director shall keep and maintain a

record, for not less than six years, of all

documents described in paragraph (a) of

this section and all enforcement

agreements and other supervisory

actions and supporting documents

issued with respect to or in connection

with any enforcement proceedings

initiated by the Director under 12 U.S.C.

4631–4641.

(e) Disclosure to Congress. This

section may not be construed to

authorize the withholding of any

information from, or to prohibit the

disclosure of any information to, the

Congress or any committee or

subcommittee thereof.

Subpart E—Rules and Procedures for

Service Upon the Office of Federal

Housing Enterprise Oversight

§ 1710.51 Service of process.

(a) Except as otherwise provided by

OFHEO regulations, the Federal Rules of

Civil Procedure, or order of a court with

jurisdiction over OFHEO, any legal

process upon OFHEO, including a legal

process served on OFHEO demanding

access to its records under the FOIA,

shall be duly issued and served upon

the General Counsel and any OFHEO

personnel named in the caption of the

documents.

(b) Service of process upon the

General Counsel to OFHEO may be

effected by personally delivering a copy

of the documents to the General Counsel

or by sending a copy of the documents

to the General Counsel by registered or

certified mail, postage prepaid, to the

Office of Federal Housing Enterprise

Oversight, 1700 G Street, NW., Fourth

Floor, Washington, DC 20552.

Dated: May 5, 1995.

Aida Alvarez,

Director, Office of Federal Housing Enterprise

Oversight.

[FR Doc. 95–11546 Filed 5–10–95; 8:45 am]

BILLING CODE 4220–01–P

12 CFR Chapter XVII

RIN 2550–AA02

Risk-Based Capital

AGENCY: Office of Federal Housing

Enterprise Oversight, HUD.

ACTION: Extension of Public Comment

Period for Advance Notice of Proposed

Rulemaking.

SUMMARY: On February 8, 1995 (60 FR

7468), the Office of Federal Housing

Enterprise Oversight (OFHEO)

published an advance notice of

proposed rulemaking (ANPR) entitled

‘‘Risk-Based Capital.’’ This ANPR is a

significant step in the process of

developing a regulation to establish riskbased capital standards for the Federal

National Mortgage Association and the

Federal Home Loan Mortgage

Corporation. To ensure that the public

has ample opportunity to participate in

the rulemaking process by commenting

on a variety of technical and policy

issues involved in the development of

the risk-based regulation and the riskbased capital stress test, today’s notice

extends the public comment period

from May 9, 1995 through June 8, 1995.

DATES: The comment period is extended

until June 8, 1995.

ADDRESSES: Send written comments to

Anne E. Dewey, General Counsel, Office

of General Counsel, Office of Federal

Housing Enterprise Oversight, 1700 G

Street, NW., Fourth Floor, Washington,

DC 20552.

FOR FURTHER INFORMATION CONTACT:

David J. Pearl, Director, Research,

Analysis and Capital Standards; or Gary

L. Norton, Deputy General Counsel,

Office of Federal Housing Enterprise

Oversight, 1700 G Street, NW., Fourth

Floor, Washington, DC 20552, telephone

(202) 414–3800 (not a toll-free number).

Dated: May 8, 1995.

Aida Alvarez,

Director, Office of Federal Housing Enterprise

Oversight.

[FR Doc. 95–11687 Filed 5–8–95; 3:13 pm]

BILLING CODE 4220–01–P