Appraisal Subcommittee; Appraiser Regulation; Privacy Act Implementation, 36270-36271 [2010-15317]
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Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Rules and Regulations
[FR Doc. 2010–15130 Filed 6–24–10; 8:45 am]
BILLING CODE 7535–01–C
FEDERAL FINANCIAL INSTITUTIONS
EXAMINATION COUNCIL
12 CFR Part 1102
[Docket No. AS10–2]
Appraisal Subcommittee; Appraiser
Regulation; Privacy Act
Implementation
Appraisal Subcommittee of the
Federal Financial Institutions
Examination Council (Subcommittee).
ACTION: Final rule amendments.
AGENCY:
SUMMARY: The Subcommittee is
adopting nonsubstantive amendments to
its regulations relating to the Privacy
Act of 1974. The amendments correct
the street address and zip code for the
Subcomittee’s office, which was moved
in October 2008, from 2000 K Street,
NW., Suite 310, Washington, DC 20006,
to 1401 H Street, NW., Suite
760,Washington, DC 20005.
DATES: Effective Date: June 25, 2010.
FOR FURTHER INFORMATION CONTACT:
Alice M. Ritter, General Counsel, at
(202) 595–7577 or alice@asc.gov;
Appraisal Subcommittee; 1401 H Street,
NW., Suite 760, Washington, DC 20005.
SUPPLEMENTARY INFORMATION:
WReier-Aviles on DSKGBLS3C1PROD with RULES
I. Authority and Section-by-Section
Analysis
The Privacy Act of 1974 is based, in
part, on the finding by Congress that ‘‘in
order to protect the privacy of
individuals identified in information
systems maintained by Federal agencies,
it is necessary and proper for the
Congress to regulate the collection,
maintenance, use, and dissemination of
information by such agencies.’’ To
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15:13 Jun 24, 2010
Jkt 220001
essentially are nomenclature changes, as
that term is defined in the Federal
Register Document Drafting Handbook,
page 2–31 (October 1998).
achieve this objective, the Act generally
provides that Federal agencies must
advise an individual upon request
whether records maintained by the
agency in a system of records pertain to
the individual and must grant the
individual access to such records. The
Act further provides that individuals
may request amendments to records
pertaining to them that are maintained
by the agency, and that the agency shall
either grant the requested amendments
or set forth fully its reasons for refusing
to do so.
In 1992, the Subcommittee, pursuant
to subsection (f) of the Privacy Act,
adopted 12 CFR subpart C containing
rules and procedures to implement the
Privacy Act. In October 2008, the
Subcommittee moved its offices from
2000 K Street, NW., to its current
location at 1401 H Street, NW. Subpart
C, as adopted, contains numerous
references to the Subcommittee’s K
Street address. The Subcommittee is
amending subpart C by removing all
references to the former K Street
location and replacing them with the
Subcommittee’s current H Street
address.
■
II. Administrative Requirements
Authority: Privacy Act of 1974, Pub. L. 93–
579, 88 Stat. 1896; 12 U.S.C. 552a, as
amended.
A. Notice and Comment Requirements
Under 5 U.S.C. 553
The Subcommittee, under 12 U.S.C.
553, is required, among other things, to
publish in the Federal Register for
public notice and comment a general
notice of proposed rule making, unless,
in accordance with paragraph (b)(3)(B),
the agency finds ‘‘for good cause * * *
that notice and public procedure
thereon are impracticable, unnecessary,
or contrary to the public interest.’’ The
Subcommittee finds that notice and
procedure are unnecessary in
connection with these rule amendments
because they are nonsubstantive and
PO 00000
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List of Subjects in 12 CFR Part 1102
Administrative practice and
procedure, Banks, banking, Freedom of
information, Mortgages, Organization
and functions (Government agencies),
Reporting and recordkeeping
requirements.
Text of the Rule
For the reasons set forth in the
preamble, title 12, chapter XI of the
Code of Federal Regulations is amended
as follows:
PART 1102—APPRAISER
REGULATION
Subpart C—Rules Pertaining to the
Privacy of Individuals and Systems of
Records Maintained by the Appraisal
Subcommittee
1. The authority citation for part 1102,
subpart C is revised to read as follows:
■
§§ 1102.102, 1102.105, and 1102.107
[Amended]
2. In 12 CFR part 1102, remove the
words ‘‘2000 K Street, NW., Suite 310,
Washington, DC 20006’’ and add, in
their place, the words, ‘‘1401 H Street,
NW., Suite 760,Washington, DC 20005’’
in the following places:
■ a. Section 1102.102(a) introductory
text, and (a)(2);
■ b. Section 1102.105(a); and
■ c. Section 1102.107(a)(2), and (b)(1).
■
By the Appraisal Subcommittee.
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36270
Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Rules and Regulations
Dated: June 16, 2010.
Deborah S. Merkle,
Chairman.
[FR Doc. 2010–15317 Filed 6–24–10; 8:45 am]
BILLING CODE P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Part 3500
[Docket No. FR–5425–IA–01]
Real Estate Settlement Procedures Act
(RESPA): Home Warranty Companies’
Payments to Real Estate Brokers and
Agents
AGENCY:
Office of General Counsel,
HUD.
WReier-Aviles on DSKGBLS3C1PROD with RULES
ACTION:
Interpretive rule.
SUMMARY: Under section 8 of RESPA
and HUD’s implementing RESPA
regulations, services performed by real
estate brokers and agents as additional
settlement services in a real estate
transaction are compensable if the
services are actual, necessary and
distinct from the primary services
provided by the real estate broker or
agent, the services are not nominal, and
the payment is not a duplicative charge.
A referral is not a compensable service
for which a broker or agent may receive
compensation. This rule interprets
section 8 of RESPA and HUD’s
regulations as they apply to the
compensation provided by home
warranty companies to real estate
brokers and agents. Although
interpretive rules are exempt from
public comment under the
Administrative Procedure Act, HUD
nevertheless welcomes public comment
on this interpretation.
DATES: Effective date: June 25, 2010.
Comment Due Date: July 26, 2010.
ADDRESSES: Interested persons are
invited to submit comments regarding
this interpretive rule to the Regulations
Division, Office of General Counsel, 451
7th Street, SW., Room 10276,
Department of Housing and Urban
Development, Washington, DC 20410–
0500. Communications must refer to the
above docket number and title. There
are two methods for submitting public
comments. All submissions must refer
to the above docket number and title.
1. Submission of Comments by Mail.
Comments may be submitted by mail to
the Regulations Division, Office of
General Counsel, Department of
Housing and Urban Development, 451
7th Street, SW., Room 10276,
Washington, DC 20410–0500.
2. Electronic Submission of
Comments. Interested persons may
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15:13 Jun 24, 2010
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submit comments electronically through
the Federal eRulemaking Portal at
www.regulations.gov. HUD strongly
encourages commenters to submit
comments electronically. Electronic
submission of comments allows the
commenter maximum time to prepare
and submit a comment, ensures timely
receipt by HUD, and enables HUD to
make them immediately available to the
public. Comments submitted
electronically through the
www.regulations.gov Web site can be
viewed by other commenters and
interested members of the public.
Commenters should follow the
instructions provided on that site to
submit comments electronically.
Note: To receive consideration as public
comments, comments must be submitted
through one of the two methods specified
above. Again, all submissions must refer to
the docket number and title of the rule
No Facsimile Comments. Facsimile
(FAX) comments are not acceptable.
Public Inspection of Public
Comments. All properly submitted
comments and communications
submitted to HUD will be available for
public inspection and copying between
8 a.m. and 5 p.m. weekdays at the above
address. Due to security measures at the
HUD Headquarters building, an advance
appointment to review the public
comments must be scheduled by calling
the Regulations Division at 202–708–
3055 (this is not a toll-free number).
Individuals with speech or hearing
impairments may access this number
through TTY by calling the toll-free
Federal Information Relay Service at
800–877–8339. Copies of all comments
submitted are available for inspection
and downloading at https://
www.regulations.gov.
For
legal questions, contact Paul S. Ceja,
Assistant General Counsel for RESPA/
SAFE, telephone number 202–708–
3137; or Peter S. Race, Assistant General
Counsel for Compliance, telephone
number 202–708–2350; Department of
Housing and Urban Development, 451
7th Street, SW., Room 9262,
Washington, DC 20410. For other
questions, contact Barton Shapiro,
Director, or Mary Jo Sullivan, Deputy
Director, Office of RESPA and Interstate
Land Sales, Office of Housing,
Department of Housing and Urban
Development, 451 7th Street, SW.,
Room 9158, Washington, DC 20410;
telephone number 202–708–0502. These
telephone numbers are not toll-free.
Persons with hearing or speech
impairments may access this number
via TTY by calling the toll-free Federal
FOR FURTHER INFORMATION CONTACT:
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36271
Information Relay Service at 1–800–
877–8339.
SUPPLEMENTARY INFORMATION:
I. Background
A homeowner’s warranty is covered
as a ‘‘settlement service’’ under HUD’s
RESPA regulations at 24 CFR 3500.2.
Accordingly, the framework for
compensation of real estate brokers and
agents for services performed on behalf
of home warranty companies (HWCs) is
established in RESPA and HUD’s
regulations, as discussed in an
unofficial staff interpretation letter
dated February 21, 2008, issued by the
Office of General Counsel. In brief,
services performed by real estate brokers
and agents on behalf of HWCs are
compensable as additional settlement
services if the services are actual,
necessary and distinct from the primary
services provided by the real estate
broker or agent. (See 24 CFR
3500.14(g)(3).) The real estate broker or
agent may accept a portion of the charge
for the homeowner warranty only if the
broker or agent provides services that
are not nominal and for which there is
not a duplicative charge. (See 24 CFR
3500.14(c).)
HUD has received inquiries regarding
the application of this framework to the
compensation provided by HWCs to real
estate brokers and agents for the selling
of home warranties in connection with
the sale or purchase of a home. In
particular, interested parties have
inquired about the legality of the HWCs
providing compensation to real estate
brokers and agents on a per transaction
basis and about the scope of services
provided on behalf of the HWC for
which real estate brokers and agents can
be compensated by the HWC.
II. This Interpretive Rule
This interpretive rule clarifies the
legality under section 8 of RESPA and
HUD’s implementing regulations of the
compensation provided by HWCs to real
estate brokers and agents, and it is
provided in accordance with Secretary
of HUD’s delegation of authority to the
General Counsel to interpret the
authority of the Secretary. (See 74 FR
62801, at 62802.)
A. Unlawful Compensation for Referrals
RESPA does not prohibit a real estate
broker or agent from referring business
to an HWC. Rather, RESPA prohibits a
real estate broker or agent from
receiving a fee for such a referral, as a
referral is not a compensable service.
(See 24 CFR 3500.14(b).) HUD’s
regulations, at 24 CFR 3500.14(f),
defines referral, in relevant part, as
follows:
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Agencies
[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Rules and Regulations]
[Pages 36270-36271]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15317]
=======================================================================
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FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL
12 CFR Part 1102
[Docket No. AS10-2]
Appraisal Subcommittee; Appraiser Regulation; Privacy Act
Implementation
AGENCY: Appraisal Subcommittee of the Federal Financial Institutions
Examination Council (Subcommittee).
ACTION: Final rule amendments.
-----------------------------------------------------------------------
SUMMARY: The Subcommittee is adopting nonsubstantive amendments to its
regulations relating to the Privacy Act of 1974. The amendments correct
the street address and zip code for the Subcomittee's office, which was
moved in October 2008, from 2000 K Street, NW., Suite 310, Washington,
DC 20006, to 1401 H Street, NW., Suite 760,Washington, DC 20005.
DATES: Effective Date: June 25, 2010.
FOR FURTHER INFORMATION CONTACT: Alice M. Ritter, General Counsel, at
(202) 595-7577 or alice@asc.gov; Appraisal Subcommittee; 1401 H Street,
NW., Suite 760, Washington, DC 20005.
SUPPLEMENTARY INFORMATION:
I. Authority and Section-by-Section Analysis
The Privacy Act of 1974 is based, in part, on the finding by
Congress that ``in order to protect the privacy of individuals
identified in information systems maintained by Federal agencies, it is
necessary and proper for the Congress to regulate the collection,
maintenance, use, and dissemination of information by such agencies.''
To achieve this objective, the Act generally provides that Federal
agencies must advise an individual upon request whether records
maintained by the agency in a system of records pertain to the
individual and must grant the individual access to such records. The
Act further provides that individuals may request amendments to records
pertaining to them that are maintained by the agency, and that the
agency shall either grant the requested amendments or set forth fully
its reasons for refusing to do so.
In 1992, the Subcommittee, pursuant to subsection (f) of the
Privacy Act, adopted 12 CFR subpart C containing rules and procedures
to implement the Privacy Act. In October 2008, the Subcommittee moved
its offices from 2000 K Street, NW., to its current location at 1401 H
Street, NW. Subpart C, as adopted, contains numerous references to the
Subcommittee's K Street address. The Subcommittee is amending subpart C
by removing all references to the former K Street location and
replacing them with the Subcommittee's current H Street address.
II. Administrative Requirements
A. Notice and Comment Requirements Under 5 U.S.C. 553
The Subcommittee, under 12 U.S.C. 553, is required, among other
things, to publish in the Federal Register for public notice and
comment a general notice of proposed rule making, unless, in accordance
with paragraph (b)(3)(B), the agency finds ``for good cause * * * that
notice and public procedure thereon are impracticable, unnecessary, or
contrary to the public interest.'' The Subcommittee finds that notice
and procedure are unnecessary in connection with these rule amendments
because they are nonsubstantive and essentially are nomenclature
changes, as that term is defined in the Federal Register Document
Drafting Handbook, page 2-31 (October 1998).
List of Subjects in 12 CFR Part 1102
Administrative practice and procedure, Banks, banking, Freedom of
information, Mortgages, Organization and functions (Government
agencies), Reporting and recordkeeping requirements.
Text of the Rule
0
For the reasons set forth in the preamble, title 12, chapter XI of the
Code of Federal Regulations is amended as follows:
PART 1102--APPRAISER REGULATION
Subpart C--Rules Pertaining to the Privacy of Individuals and
Systems of Records Maintained by the Appraisal Subcommittee
0
1. The authority citation for part 1102, subpart C is revised to read
as follows:
Authority: Privacy Act of 1974, Pub. L. 93-579, 88 Stat. 1896;
12 U.S.C. 552a, as amended.
Sec. Sec. 1102.102, 1102.105, and 1102.107 [Amended]
0
2. In 12 CFR part 1102, remove the words ``2000 K Street, NW., Suite
310, Washington, DC 20006'' and add, in their place, the words, ``1401
H Street, NW., Suite 760,Washington, DC 20005'' in the following
places:
0
a. Section 1102.102(a) introductory text, and (a)(2);
0
b. Section 1102.105(a); and
0
c. Section 1102.107(a)(2), and (b)(1).
By the Appraisal Subcommittee.
[[Page 36271]]
Dated: June 16, 2010.
Deborah S. Merkle,
Chairman.
[FR Doc. 2010-15317 Filed 6-24-10; 8:45 am]
BILLING CODE P