Federal Housing Finance Agency January 2012 – Federal Register Recent Federal Regulation Documents
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Privacy Act Implementation
The Federal Housing Finance Agency (FHFA) is adopting as a final regulation the interim final regulation that revised FHFA's implementing regulation under the Privacy Act of 1974 (Privacy Act). The changes to the existing Privacy Act regulation provide the procedures and guidelines under which FHFA and the FHFA Office of Inspector General (FHFA-OIG) will implement the Privacy Act of 1974, as amended (5 U.S.C. 552a).
Freedom of Information Act Implementation
The Federal Housing Finance Agency (FHFA) issues this final regulation revising its existing Freedom of Information Act (FOIA) regulation. This final regulation provides procedures and guidelines under which FHFA and the FHFA Office of Inspector General (FHFA-OIG) will implement FOIA.
Mortgage Assets Affected by PACE Programs
The Federal Housing Finance Agency (``FHFA'') hereby issues this Advance Notice of Proposed Rulemaking (``ANPR'') concerning mortgage assets affected by Property Assessed Clean Energy (``PACE'') programs and Notice of Intent (``NOI'') to prepare an environmental impact statement (``EIS'') under the National Environmental Policy Act (``NEPA'') to address the potential environmental impacts of FHFA's proposed action. The United States District Court for the Northern District of California issued a preliminary injunction ordering FHFA ``to proceed with the notice and comment process'' in adopting guidance concerning mortgages that are or could be affected by PACE programs. Specifically, the California District Court ordered FHFA to ``cause to be published in the Federal Register an Advance Notice of Proposed Rulemaking relating to the statement issued by FHFA on July 6, 2010, and the letter directive issued by FHFA on February 28, 2011, that deal with property assessed clean energy (PACE) programs.'' In response to and compliance with the California District Court's order, FHFA is seeking comment on whether the restrictions and conditions set forth in the July 6, 2010 Statement and the February 28, 2011 Directive should be maintained, changed, or eliminated, and whether other restrictions or conditions should be imposed. FHFA has appealed the California District Court's order to the U.S. Court of Appeals for the Ninth Circuit (the ``Ninth Circuit''). Inasmuch as the California District Court's order remains in effect pending the outcome of the appeal, FHFA is proceeding with the publication of this ANPR and NOI pursuant to that order. The Ninth Circuit has stayed, pending the outcome of FHFA's appeal, the portion of the California District Court's Order requiring publication of a final rule. FHFA reserves the right to withdraw this ANPR and NOI should FHFA prevail in its appeal, and may in that situation continue to address the financial risks FHFA believes PACE programs pose to safety and soundness through means other than notice-and-comment rulemaking.
Privacy Act of 1974; System of Records
In accordance with the requirements of the Privacy Act of 1974, as amended (Privacy Act), the Federal Housing Finance Agency (FHFA) gives notice of the proposed establishment of three new Privacy Act systems of records and the removal of four existing Privacy Act systems of records. The three proposed new systems are: ``Emergency Notification System'' (FHFA-14); ``Payroll, Retirement, Time and Attendance, and Leave Records'' (FHFA-15); and ``Personnel Investigative Records'' (FHFA-16). The proposed new systems will replace systems of records issued by FHFA's predecessor agencies, the Office of Federal Housing Enterprise Oversight (OFHEO) and the Federal Housing Finance Board (FHFB). Proposed systems (FHFA-14) and (FHFA-15) will replace OFHEO systems ``OFHEO-2 Pay and Leave System'' and ``OFHEO-6 Emergency Contingency Plan and Personnel Locator System,'' and FHFB system ``FHFB-1 Employee Attendance Records.'' Proposed system (FHFA-16) will replace FHFB system ``FHFB-5 Personnel Investigative Records.'' FHFA has previously published a system of records notice (``Financial Management System'' (FHFA-2), 74 FR 31949 (July 6, 2009)); however, in publishing that notice, FHFA did not explicitly state that OFHEO and FHFB system of records notices were being replaced. Notice is hereby given that the systems of records notice ``OFHEO-1 Financial Management System'' and ``FHFB-2 General Travel and Transportation Files'' have been replaced by ``Financial Management System'' (FHFA-2). Upon the effective date of this notice, the replaced OFHEO system, ``OFHEO-1'' published at 63 FR 9007 (February 23, 1998) and ``FHFB-2'' as amended at 71 FR 61053 (October 17, 2006) will be removed. In addition, upon the effective date of this notice, the replaced FHFB systems, ``FHFB-1'' published at 60 FR 46120 (September 5, 1995), as amended at 62 FR 66865 (December 22, 1997) and 71 FR 61052 (October 17, 2006), and ``FHFB-5'' (originally published as ``FHFB-7 Agency Personnel Investigative Records'' at 60 FR 46120 (September 5, 1995)), as amended at 64 FR 14920 (March 29, 1999), 68 FR 39947 (July 3, 2003), and 71 FR 61052 (October 17, 2006); and the replaced OFHEO systems, ``OFHEO-2'' published at 63 FR 9007 (February 23, 1998), and ``OFHEO- 6'' published at 71 FR 6085 (February 6, 2006) will be removed.
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