[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Rules and Regulations]
[Pages 71012-71016]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29282]
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FEDERAL FINANCIAL INSTITUTIONS EXAMINATION COUNCIL
12 CFR Part 1101
[FFIEC-2010-0002]
Description of Office, Procedures, and Public Information
AGENCY: Federal Financial Institutions Examination Council.
ACTION: Final rule.
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SUMMARY: The Federal Financial Institutions Examination Council
(Council or FFIEC), on behalf of its members, is amending its Freedom
of Information Act (FOIA) regulations. Among other things, this final
rule revises the procedures to be used by members of the public in
requesting records maintained by the Council, the time limits in which
the Council must make a determination on disclosure in response to a
request for records, and the time period in which a requester has the
right to administratively appeal any adverse determination made on a
request for records, and provides procedures to be used to request
expedited processing of FOIA requests.
DATES: Effective November 22, 2010.
FOR FURTHER INFORMATION CONTACT: Paul Sanford, Executive Secretary,
Federal Financial Institutions Examination Council, via telephone:
(703) 516-5590, or via e-mail: [email protected].
SUPPLEMENTARY INFORMATION: The Council is publishing a final rule
revising its regulations implementing the FOIA. On September 3, 2010,
the Council published for comment a notice of proposed rulemaking
(NPRM) in the Federal Register that proposed revisions to the Council's
regulations at 12 CFR part 1101, implementing the FOIA, 5 U.S.C. 552,
as amended. 75 FR 54052, September 3, 2010. Interested persons were
afforded an opportunity to participate in the rulemaking process
through submission of written comments on the NPRM. The Council
received no public comments. The Council has reviewed the proposed
regulations and adopts them in this final rule.
I. Background
The Council makes a number of substantive and technical changes to
its regulations implementing the FOIA (5 U.S.C. 552, as amended) that
fall within two general categories. First, the Council modifies its
existing regulations to reflect the amendments to the FOIA contained in
the Electronic Freedom of Information Act Amendments of 1996, Public
Law 104-231, 110 Stat. 3048, and the OPEN Government Act, Public Law
110-175, 121 Stat. 2524. The Electronic Freedom of Information Act
Amendments increased the FOIA's basic time limit for agency responses
to FOIA requests, and provided for expedited processing of FOIA
requests under certain conditions, among other procedural revisions.
The OPEN Government Act also amended various FOIA administrative
procedures, such as when an agency may toll the statutory time for
responding to FOIA requests, and how to indicate exemptions authorizing
deletion of materials under the FOIA on a responsive record.
Second, the Council revises its regulations to further clarify its
policies and procedures relating to the processing of FOIA requests and
the administration of its FOIA operations.
II. Section-by-Section Analysis
In 12 CFR 1101.3(e), the Council revises the paragraph by providing
the current address of the Council's offices.
In 12 CFR 1101.4(a), the Council revises the paragraph by providing
the current address of the Council's offices and clarifying that
Council policies and interpretations may be withheld from disclosure
under exemptions to the FOIA.
In 12 CFR 1101.4(b), the Council revises the wording of the section
heading.
In 12 CFR 1101.4(b)(1), the Council revises the wording of the
paragraph to explain that Council records that are not published in the
Federal Register or available for inspection and copying at the
Council's offices are available to the public upon request, except to
the extent that such records are exempt from disclosure under the FOIA.
In 12 CFR 1101.4(b)(1)(i), the Council capitalizes the word
``Order'' when referring to an Executive Order.
In 12 CFR 1101.4(b)(1)(v), the Council adds language to protect
from disclosure records of deliberations and meetings of the Council,
its committees, and staff, that are not subject to the Government in
the Sunshine Act, 5 U.S.C. 552b.
In 12 CFR 1101.4(b)(1)(vii), the Council revises the paragraph by
substituting a reference to the statutory citation for Exemption 7 of
the FOIA, 5 U.S.C. 552(b)(7), for the list of the specific substantive
provisions of the exemption in the existing regulation. In addition,
the term ``state or federal'' has been inserted to clarify that records
of state financial regulatory agencies in the possession of the Council
are exempt from disclosure under Exemption 7, as are the records of
federal regulatory agencies.
In 12 CFR 101.4(b)(1)(viii), the Council revises the paragraph by
eliminating a listing of the types of financial institutions covered by
Exemption 8 of the FOIA, 5 U.S.C. 552(b)(8), and inserting the term
``state or federal'' to clarify that records of state financial
regulatory agencies in the possession of the Council are exempt from
disclosure under Exemption 8.
[[Page 71013]]
In 12 CFR 1101.4(b)(2), the Council revises the heading to reflect
current FOIA terminology concerning discretionary releases of exempt
information.
In 12 CFR 1101.4(b)(3)(i), the Council revises the paragraph to
provide the current address of the Council's offices, to allow the
submission of FOIA requests by facsimile and e-mail, and to require
that requests reasonably describe the records sought.
In 12 CFR 1101.4(b)(3)(ii) the Council revises the paragraph to
specify the information that a request must contain in order to be
considered a ``proper FOIA request'' (i.e., a request to which a
response is required). In addition, the Council revises the paragraph
to require a requester to identify whether the information sought by a
FOIA request is requested for commercial use, and whether the requester
is an educational or noncommercial scientific institution, or news
media representative, and to address the payment of fees.
In 12 CFR 1101.4(b)(3)(iii), the Council modifies the language of
the paragraph to clarify that the Council need not accept or process a
defective FOIA request, and to provide that such a request may be
returned to the requester specifying the deficiency.
In 12 CFR 1101.4(b)(3)(iv), the Council adds a procedure to request
the expedited treatment of FOIA requests. A requester seeking to have
the processing of a request expedited must show a compelling need for
expedited processing.
In 12 CFR 1101.4(b)(3)(v), the Council revises its procedures to
increase the time limit in which the Council must respond to a FOIA
request from 10 working days to 20 working days in accordance with the
Electronic Freedom of Information Act Amendments, and to clarify what
information the Council's response to a FOIA request must contain.
In 12 CFR 1101.4(b)(3)(vi), the Council revises the paragraph to
shorten the time period in which an administrative appeal of a denied
request may be brought from 35 calendar days to 10 working days, to
provide for the filing of administrative appeals by facsimile, and to
update the mailing address of the Council.
In 12 CFR 1101.4(b)(3)(vii), the Council revises the paragraph to
clarify that the time in which the Council has to respond to an appeal
runs from the actual receipt of the appeal by the Executive Secretary
of the Council.
In 12 CFR 1101.4(b)(4)(i), the Council designates the existing
paragraph, 12 CFR 1101.4(b)(4), as paragraph 1101.4(b)(4)(i), and makes
a minor grammatical change to the language of the paragraph.
The Council adds 12 CFR 1101.4(b)(4)(ii), which provides that if
the responsive records are to be delivered to the requester, they will
be mailed to the requester unless the Executive Secretary of the
Council determines that it is appropriate to send the records by some
other means.
The Council adds 12 CFR 1101.4(b)(4)(iii), which indicates that the
Council will provide a copy of a responsive record in the format
requested by the requester if the record is ``readily reproducible'' in
that format.
The Council adds 12 CFR 1101.4(b)(4)(iv) to permit records to be
provided electronically, and to provide that if the information is
subject to the Privacy Act, 5 U.S.C. 552a, it will not be sent
electronically unless ``reasonable security measures'' can be
established.
In 12 CFR 1101.4(b)(5)(i)(C), the Council revises the definition of
the term ``Duplication'' to provide examples of the forms of document
reproduction that may be used by the Council.
In 12 CFR 1101.4(b)(5)(i)(D), the Council makes a minor change to
the wording of the paragraph replacing the character ``Sec. '' with
the word ``section''.
In 12 CFR 1101.4(b)(5)(i)(E), the Council adds a provision to allow
the Executive Secretary of the Council to consider the use to which the
requester will put the records, and to seek additional information on
the use, if necessary, in order to determine whether a particular FOIA
request is a ``commercial use request''.
In 12 CFR 1101.4(b)(5)(i)(G), the Council makes a minor change to
the wording of the paragraph replacing the character ``Sec. '' with
the word ``section''.
In 12 CFR 1101.4(b)(5)(i)(H), the Council revises its definition of
``Representative of the news media'' to reflect the definition provided
in the OPEN Government Act, 5 U.S.C 552(a)(4)(A)(ii).
In 12 CFR 1101.4(b)(5)(ii)(C)(2), the Council adds computer disks
to the list of examples indicating the types of materials for which a
requester will be charged a fee.
In 12 CFR 1101.4(b)(5)(ii)(F), the Council revises the paragraph to
provide examples of ``special services'' for which additional fees may
be charged.
In 12 CFR 1101.4(b)(5)(ii)(H), the Council revises the procedures
for requesting a waiver or reduction of fees. The revisions include
eliminating the list of factors to be considered by the Council in
determining whether the public interest requirement is met, requiring a
requester to state a justification for a waiver or reduction of fees,
and providing a right to administratively appeal the denial of a
request for a waiver or reduction of fees.
In 12 CFR 101.4(b)(5)(iii)(A), the Council makes a minor
grammatical change to the language of the paragraph.
In 12 CFR 101.4(b)(5)(iv), the Council makes a minor change to the
statutory citation contained in the paragraph.
In 12 CFR 1101.4(b)(5)(vii)(B), the Council makes a minor change to
the wording of the paragraph replacing the character ``Sec. '' with
the word ``section''.
In 12 CFR 1101.4(b)(5)(vii)(C), the Council revises the paragraph
by replacing the character ``Sec. '' with the word ``section,'' and by
increasing the limit stated in the parenthetical phrase to 20 working
days in accordance with subsection (a)(6) of the FOIA, 5 U.S.C.
552(a)(6).
In 12 CFR 1101.4(b)(6), the Council revises the paragraph to
provide that referral or consultation with another agency is
appropriate whenever the requested record originated with, or
incorporates the information of, another state or federal agency.
III. Analysis of Comments Received
The Council received no comments on the proposed rules.
IV. Regulatory Analysis and Procedure
A. Regulatory Flexibility Act
Pursuant to section 605(b) of the Regulatory Flexibility Act (5
U.S.C. 601, et seq.) (RFA), the Council certifies that the final rule
will not have a significant economic impact on a substantial number of
small entities. The final rule addresses only the procedures to be
followed to request records of the Council. Small entities, like any
other individual or entity, may request information from the Council
pursuant to the FOIA that has not been generally made available to the
public. Under the FOIA, agencies may recover only the direct costs of
searching for, reviewing, and duplicating the records processed for
certain categories of requesters. The Council's fee structure is in
accordance with Department of Justice and Office of Management and
Budget (OMB) guidelines, and is based upon the category of requester.
Thus, fees assessed by the Council are nominal and will not have a
significant economic impact on a substantial number of small entities
within the meaning of the RFA.
B. Paperwork Reduction Act
The Council has determined that the Paperwork Reduction Act, 44
U.S.C. 3501 et seq., does not apply because these rules do not contain
any information collection requirements that require the approval of
the OMB.
[[Page 71014]]
C. The Treasury and General Government Appropriations Act, 1999--
Assessment of Federal Regulations and Policies on Families
The Council has determined that the final rule will not affect
family well-being within the meaning of section 654 of the Treasury and
General Government Appropriations Act, enacted as part of the Omnibus
Consolidated and Emergency Supplemental Appropriations Act of 1999
(Pub. L. 105-277, 112 Stat. 2681).
D. Small Business Regulatory Enforcement Fairness Act
OMB has determined that the rule is not a ``major rule'' within the
meaning of the relevant sections of the Small Business Regulatory
Enforcement Act of 1996 (SBREFA) (5 U.S.C. 801 et seq.). As required by
SBREFA, the Council will file the appropriate reports with Congress and
the General Accounting Office so that the rule may be reviewed.
E. Solicitation of Comments on Use of Plain Language
Section 722 of the Gramm-Leach-Bliley Act, Public Law 106-102, 113
Stat. 1338, 1471 (Nov. 12, 1999), requires the federal banking agencies
to use plain language in all proposed and final rules published after
January 1, 2000. The Council received no comment on plain language.
Nevertheless, the Council has sought to present the final rule in a
simple, comprehensible, and straightforward manner.
Lists of Subjects in 12 CFR Part 1101
Freedom of information, FOIA exemptions, Schedule of fees, Waivers
or reductions of fees.
0
For the reasons set forth in the preamble, the Council amends 12 CFR
part 1101 as follows:
PART 1101--DESCRIPTION OF OFFICE, PROCEDURE, PUBLIC INFORMATION
0
1. The authority citation for part 1101 continues to read as follows:
Authority: 5 U.S.C. 552; 12 U.S.C. 3307.
0
2. Section 1101.3 is amended by revising paragraph (e) to read as
follows:
Sec. 1101.3 Organization and methods of operation.
* * * * *
(e) Council address. Council offices are located at 3501 Fairfax
Drive, Room B-7081a, Arlington, VA, 22226-3550.
0
3. Section 1101.4 is amended:
0
a. By revising paragraph (a);
0
b. By revising the heading for paragraph (b) and paragraphs (b)(1)
introductory text, (b)(1)(i), (v), (vii), and (viii);
0
c. By revising paragraphs (b)(2), (3), and (4);
0
d. By revising paragraphs (b)(5)(i)(C), (D), (E), (G), and (H) and
(b)(5)(ii)(C)(2), (F), and (H); and
0
e. By revising paragraphs (b)(5)(iii)(A), (b)(5)(iv), (b)(5)(vii)(B),
(C), and (b)(6).
The revisions read as follows:
Sec. 1101.4 Disclosure of information, policies, and records.
(a) Statements of policy published in the Federal Register or
available for public inspection and copying; indices. Under 5 U.S.C.
552(a)(1), the Council publishes general rules, policies and
interpretations in the Federal Register. Under 5 U.S.C. 552(a)(2),
policies and interpretations adopted by the Council, including
instructions to Council staff affecting members of the public, and an
index to the same, are available for public inspection and copying at
the office of the Executive Secretary of the Council, 3501 Fairfax
Drive, Room B-7081a, Arlington, VA, 22226-3550, during regular business
hours. Policies and interpretations of the Council may be withheld from
disclosure under the principles stated in paragraph (b)(1) of this
section.
(b) Other records of the Council available to the public upon
request; procedures--(1) General rule and exemptions. Under 5 U.S.C.
552(a)(3), all other records of the Council are available to the public
upon request, except to the extent exempted from disclosure as provided
in this paragraph (b). Except as specifically authorized by the
Council, the following records, and portions thereof, are not available
to the public: (i) A record, or portion thereof, which is specifically
authorized under criteria established by an Executive Order to be kept
secret in the interest of national defense or foreign policy and which
is, in fact, properly classified pursuant to such Executive Order.
* * * * *
(v) An intra-agency or interagency memorandum or letter that would
not be routinely available by law to a private party in litigation,
including, but not limited to, memoranda, reports, and other documents
prepared by the personnel of the Council or its constituent agencies,
and records of deliberations of the Council and discussions of meetings
of the Council, any Council Committee, or Council staff, that are not
subject to 5 U.S.C. 552b (the Government in the Sunshine Act).
* * * * *
(vii) Records or information compiled for law enforcement purposes,
to the extent permitted under 5 U.S.C. 552(b)(7), including records
relating to a proceeding by a financial institution's state or federal
regulatory agency for the issuance of a cease-and-desist order, or
order of suspension or removal, or assessment of a civil money penalty
and the granting, withholding, or revocation of any approval,
permission, or authority. (viii) A record, or portion thereof,
containing, relating to, or derived from an examination, operating, or
condition report prepared by, or on behalf of, or for the use of any
state or federal agency directly or indirectly responsible for the
regulation or supervision of financial institutions.
* * * * *
(2) Discretionary release of exempt information. Notwithstanding
the applicability of an exemption, the Council or the Council's
designee may elect, under the circumstances of a particular request, to
disclose all or a portion of any requested record where permitted by
law. Such disclosure has no precedential significance.
(3) Procedure for records request--(i) Initial request. Requests
for records shall be submitted in writing to the Executive Secretary of
the Council:
(A) By sending a letter to: FFIEC, Attn: Executive Secretary, 3501
Fairfax Drive, Room B-7081a, Arlington, VA 22226-3550. Both the mailing
envelope and the request should be marked ``Freedom of Information
Request,'' ``FOIA Request,'' or the like; or
(B) By facsimile clearly marked ``Freedom of Information Act
Request,'' ``FOIA Request,'' or the like to the Executive Secretary at
(703) 562-6446; or
(C) By e-mail to the address provided on the FFIEC's World Wide Web
page, found at: http://www.ffiec.gov. Requests must reasonably describe
the records sought.
(ii) Contents of request. All requests should contain the following
information:
(A) The name and mailing address of the requester, an electronic
mail address, if available, and the telephone number at which the
requester may be reached during normal business hours;
(B) A statement as to whether the information is intended for
commercial use, and whether the requester is an educational or
noncommercial scientific institution, or news media representative;
(C) A statement agreeing to pay all applicable fees, or a statement
identifying any desired fee limitation, or a request for a waiver or
reduction of fees that satisfies paragraph (b)(5)(ii)(H) of this
section.
[[Page 71015]]
(iii) Defective requests. The Council need not accept or process a
request that does not reasonably describe the records requested or that
does not otherwise comply with the requirements of this section. The
Executive Secretary may return a defective request specifying the
deficiency. The requester may submit a corrected request, which will be
treated as an initial request.
(iv) Expedited processing. (A) Where a person requesting expedited
access to records has demonstrated a compelling need for the records,
or where the Executive Secretary has determined to expedite the
response, the Executive Secretary shall process the request as soon as
practicable. To show a compelling need for expedited processing, the
requester shall provide a statement demonstrating that:
(1) Failure to obtain the records on an expedited basis could
reasonably be expected to pose an imminent threat to the life or
physical safety of an individual; or
(2) The requester is primarily engaged in information dissemination
as a main professional occupation or activity, and there is urgency to
inform the public of the government activity involved in the request.
(B) The requester's statement must be certified to be true and
correct to the best of the person's knowledge and belief and explain in
detail the basis for requesting expedited processing.
(C) The formality of the certification required to obtain expedited
treatment may be waived by the Executive Secretary as a matter of
administrative discretion.
(v) Response to initial requests. (A) Except where the Executive
Secretary has determined to expedite the processing of a request, the
Executive Secretary will respond by mail or electronic mail to all
properly submitted initial requests within 20 working days of receipt.
The time for response may be extended up to 10 additional working days,
as provided in 5 U.S.C. 552(a)(6)(B), or for other periods by agreement
between the requester and the Executive Secretary.
(B) In response to a request that reasonably describes the records
sought and otherwise satisfies the requirements of this section, a
search shall be conducted of records in existence and maintained by the
Council on the date of receipt of the request, and a review made of any
responsive information located. The Executive Secretary shall notify
the requester of:
(1) The Executive Secretary's determination of the response to the
request;
(2) The reasons for the determination;
(3) If the response is a denial of an initial request or if any
information is withheld, the Executive Secretary will advise the
requester in writing:
(i) If the denial is in part or in whole;
(ii) The name and title of each person responsible for the denial
(when other than the person signing the notification);
(iii) The exemptions relied on for the denial; and
(iv) The right of the requester to appeal the denial to the
Chairman of the Council within 10 working days following the date of
issuance of the notification, as specified in paragraph (b)(3)(vi) of
this section.
(vi) Appeals of responses to initial requests. If a request is
denied in whole or in part, the requester may appeal in writing, within
10 working days of the date of issuance of a denial determination.
Appeals shall be submitted to the Chairman of the Council: (A) By
sending a letter to: FFIEC, Attn: Executive Secretary, 3501 Fairfax
Drive, Room B-7081a, Arlington, VA, 22226-3550. Both the mailing
envelope and the request should be marked ``Freedom of Information Act
Appeal,'' ``FOIA Appeal,'' or the like; or (B) By facsimile clearly
marked ``Freedom of Information Act Appeal,'' ``FOIA Appeal,'' or the
like to the Executive Secretary at (703) 562-6446. Appeals should refer
to the date and tracking number of the original request and the date of
the Council's initial ruling. Appeals should include an explanation of
the basis for the appeal.
(vii) Council response to appeals. The Chairman of the Council, or
another member designated by the Chairman, will respond to all properly
submitted appeals within 20 working days of actual receipt of the
appeal by the Executive Secretary. The time for response may be
extended up to 10 additional working days, as provided in 5 U.S.C.
552(a)(6)(B), or for other periods by agreement between the requester
and the Chairman or the Chairman's designee.
(4) Procedure for access to records if request is granted. (i) When
a request for access to records is granted, in whole or in part, a copy
of the records to be disclosed will be promptly delivered to the
requester or made available for inspection, whichever was requested.
Inspection of records, or duplication and delivery of copies of records
will be arranged so as not to interfere with their use by the Council
and other users of the records.
(ii) When delivery to the requester is to be made, copies of
requested records shall be sent to the requester by regular U.S. mail
to the address indicated in the request, unless the Executive Secretary
deems it appropriate to send the documents by another means.
(iii) The Council shall provide a copy of the record in any form or
format requested if the record is readily reproducible by the Council
in that form or format, but the Council need not provide more than one
copy of any record to a requester.
(iv) By arrangement with the requester, the Executive Secretary may
elect to send the responsive records electronically if a substantial
portion of the records is in electronic format. If the information
requested is subject to disclosure under the Privacy Act of 1974, 5
U.S.C. 552a, it will not be sent by electronic means unless reasonable
security measures can be established.
(5) * * *
(i) * * *
(C) Duplication means the process of making a copy of a document
necessary to respond to a FOIA request. Such copies can take the form
of paper copy, microfilm, audiovisual records, or machine readable
records (e.g., magnetic tape or computer disk).
(D) Review means the process of examining documents located in
response to a request that is for a commercial use (see paragraph
(b)(5)(i)(E) of this section) to determine whether any portion of any
document located is permitted to be withheld and processing such
documents for disclosure.
(E) Commercial use request means a request from or on behalf of one
who seeks 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 made. In determining whether a request
falls within this category, the Executive Secretary will determine the
use to which a requester will put the records requested and seek
additional information as the Executive Secretary deems necessary.
* * * * *
(G) Noncommercial scientific institution means an institution that
is not operated on a ``commercial'' basis as that term is referenced in
paragraph (b)(5)(i)(E) of this section, and which is operated solely
for the purposes of conducting scientific research, the results of
which are not intended to promote any particular product or industry.
(H) Representative of the news media means any person or entity
that gathers information of potential interest to a segment of the
public, uses its editorial skills to turn the raw materials into a
[[Page 71016]]
distinct work, and distributes that work to an audience. In this
clause, 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 are television or radio stations broadcasting to
the public at large and publishers of periodicals (but only if such
entities qualify as disseminators of ``news'') who make their products
available for purchase by or subscription by or free distribution to
the general public. These examples are not all-inclusive. Moreover, as
methods of news delivery evolve (for example, the adoption of the
electronic dissemination of newspapers through telecommunications
services), such alternative media shall be considered to be news-media
entities. A freelance journalist shall be regarded as working for a
news-media entity if the journalist can demonstrate a solid basis for
expecting publication through that entity, whether or not the
journalist is actually employed by the entity. A publication contract
would present a solid basis for such an expectation; the Council may
also consider the past publication record of the requester in making
such a determination.
* * * * *
(ii) * * *
(C) * * *
(2 ) The fee for documents generated by computer is the hourly rate
for the computer operator (at GS 7, step 5, plus 16 percent for
benefits if clerical staff, and GS 13, step 5, plus 16 percent for
benefits if professional staff) plus the cost of materials (computer
paper, tapes, disks, labels, etc.).
* * * * *
(F) Other services. Complying with requests for special services
such as certifying records as true copies or mailing records by express
mail is entirely at the discretion of the Council. The Council will
recover the full costs of providing such services to the extent it
elects to provide them.
* * * * *
(H) Waiving or reducing fees. As part of the initial request for
records, a requester may ask that the Council waive or reduce fees if
disclosure of the records is in the public interest because it is
likely to contribute significantly to public understanding of the
operations or activities of the Council and is not primarily in the
commercial interest of the requester. The initial request for records
must also state the justification for a waiver or reduction of fees.
Determinations as to a waiver or reduction of fees will be made by the
Executive Secretary of the Council and the requester will be notified
in writing of his/her determination. A determination not to grant a
request for a waiver or reduction of fees under this paragraph may be
appealed to the Chairman of the Council pursuant to the procedure set
forth in paragraph (b)(3)(vi) of this section.
(iii) Categories of requesters. (A) Commercial use requesters. The
Council will assess fees for commercial use requesters sufficient to
recover the full direct costs of searching for, reviewing for release,
the duplicating the records sought.
* * * * *
(iv) Interest on unpaid fees. The Council may begin assessing
interest charges on an unpaid bill starting on the 31st day following
the day on which the bill was sent. Interest will be at the rate
prescribed in 31 U.S.C. 3717 and will accrue from the date of the
billing.
* * * * *
(vii) * * *
(B) A requester has previously failed to pay a fee charged in a
timely fashion. The Council may require the requester to pay the full
amount owed plus any applicable interest as provided in paragraph
(b)(5)(iv) of this section or demonstrate that he/she has, in fact,
paid the fee, and to make an advance payment of the full amount of the
estimated fee before the Council begins to process a new request or a
pending request from that requester.
(C) When the Council acts under paragraph (b)(5)(vii) (A) or (B) of
this section, the administrative time limits prescribed in subsection
(a)(6) of the FOIA (i.e., 20 working days from receipt of initial
requests, plus permissible extensions of these time limits) will begin
only after the Council has received the fee payments described.
(6) Records of another agency. If a requested record originated
with or incorporates the information of another state or federal agency
or department, upon receipt of a request for the record the Council
will promptly inform the requester of this circumstance and immediately
shall forward the request to the originating agency or department
either for processing in accordance with the latter's regulations or
for guidance with respect to disposition.
Dated at Arlington, Virginia, November 16, 2010.
Federal Financial Institutions Examination Council.
Paul Sanford,
Executive Secretary.
[FR Doc. 2010-29282 Filed 11-19-10; 8:45 am]
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