[Code of Federal Regulations]
[Title 12, Volume 3]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 12CFR261.13]

[Page 703-704]
 
                       TITLE 12--BANKS AND BANKING
 
                   CHAPTER II--FEDERAL RESERVE SYSTEM
 
PART 261--RULES REGARDING AVAILABILITY OF INFORMATION--Table of Contents
 
   Subpart B--Published Information and Records Available to Public; 
                         Procedures for Requests
 
Sec. 261.13  Processing requests.

    (a) Receipt of requests. Upon receipt of any request that satisfies 
Sec. 261.12(b), the Freedom of Information Office shall assign the 
request to the appropriate processing schedule, pursuant to paragraph 
(b) of this section. The date of receipt for any request, including one 
that is addressed incorrectly or that is referred to the Board by 
another agency or by a Federal Reserve Bank, is the date the Freedom of 
Information Office actually receives the request.
    (b) Multitrack processing. (1) The Board provides different levels 
of processing for categories of requests under this section. Requests 
for records that are readily identifiable by the Freedom of Information 
Office and that have already been cleared for public release may qualify 
for fast-track processing. All other requests shall be handled under 
normal processing procedures, unless expedited processing has been 
granted pursuant to paragraph (c)(2) of this section.
    (2) The Freedom of Information Office will make the determination 
whether a request qualifies for fast-track processing. A requester may 
contact the Freedom of Information Office to learn whether a particular 
request has been assigned to fast-track processing. If the request has 
not qualified for fast-track processing, the requester will be given an 
opportunity to limit the request in order to qualify for fast-track 
processing. Limitations of requests must be in writing.
    (c) Expedited processing. When a person requesting expedited access 
to records has demonstrated a compelling need for the records, or when 
the Board has determined to expedite the response, the Board shall 
process the request as soon as practicable.
    (1) To demonstrate a compelling need for expedited processing, the 
requester shall provide a certified statement, a sample of which may be 
obtained from the Freedom of Information Office. The statement, which 
must be certified to be true and correct to the best of the requester's 
knowledge and belief, shall demonstrate that:
    (i) The 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
    (ii) The requester is a representative of the news media, as defined 
in Sec. 261.2, and there is urgency to inform the public concerning 
actual or alleged Board activity.
    (2) In response to a request for expedited processing, the Secretary 
shall notify a requester of the determination within ten calendar days 
of receipt of the request. If the Secretary denies a request for 
expedited processing, the requester may file an appeal pursuant to the 
procedures set forth in paragraph (i) of this section, and the Board 
shall respond to the appeal within ten working days after the appeal was 
received by the Board.
    (d) Priority of responses. The Secretary will assign responsible 
staff to process particular requests. The Freedom of Information Office 
will normally process requests in the order they are received in the 
separate processing tracks, except when expedited processing is granted. 
However, in the Secretary's discretion, or upon a court order in a 
matter to which the Board is a party, a particular request may be 
processed out of turn.
    (e) Time limits. The time for response to requests shall be 20 
working days, except:
    (1) In the case of expedited treatment under paragraph (c) of this 
section;
    (2) Where the running of such time is suspended for payment of fees 
pursuant to Sec. 261.17(b)(2);
    (3) In unusual circumstances, as defined in 5 U.S.C. 552(a)(6)(B). 
In such circumstances, the time limit may be extended for a period of 
time not to exceed:
    (i) 10 working days as provided by written notice to the requester, 
setting forth the reasons for the extension and

[[Page 704]]

the date on which a determination is expected to be dispatched; or
    (ii) Such alternative time period as mutually agreed to by the 
Freedom of Information Office and the requester when the Freedom of 
Information Office notifies the requester that the request cannot be 
processed in the specified time limit.
    (f) Response to request. In response to a request that satisfies 
Sec. 261.12(b), an appropriate search shall be conducted of records of 
the Board in existence on the date of receipt of the request, and a 
review made of any responsive information located. The Secretary shall 
notify the requester of:
    (1) The Board's determination of the request;
    (2) The reasons for the determination;
    (3) The amount of information withheld;
    (4) The right of the requester to appeal to the Board any denial or 
partial denial, as specified in paragraph (i) of this section; and
    (5) In the case of a denial of a request, the name and title or 
position of the person responsible for the denial.
    (g) Referral to another agency. To the extent a request covers 
documents that were created by, obtained from, or classified by another 
agency, the Board may refer the request to that agency for a response 
and inform the requester promptly of the referral.
    (h) Providing responsive records. (1) Copies of requested records 
shall be sent to the requester by regular U.S. mail to the address 
indicated in the request, unless the requester elects to take delivery 
of the documents at the Freedom of Information Office or makes other 
acceptable arrangements, or the Board deems it appropriate to send the 
documents by another means.
    (2) The Board shall provide a copy of the record in any form or 
format requested if the record is readily reproducible by the Board in 
that form or format, but the Board need not provide more than one copy 
of any record to a requester.
    (i) Appeal of denial of request. Any person denied access to Board 
records requested under Sec. 261.12 may file a written appeal with the 
Board, as follows:
    (1) The appeal shall prominently display the phrase FREEDOM OF 
INFORMATION ACT APPEAL on the first page, and shall be addressed to the 
Freedom of Information Office, Board of Governors of the Federal Reserve 
System, 20th & C Street, N.W., Washington, D.C. 20551; or sent by 
facsimile to the Freedom of Information Office, (202) 872-7562 or 7565.
    (2) An initial request for records may not be combined in the same 
letter with an appeal.
    (3) The appeal shall be filed within 10 working days of the date on 
which the denial was issued, or the date on which documents in partial 
response to the request were transmitted to the requester, whichever is 
later. The Board may consider an untimely appeal if:
    (i) It is accompanied by a written request for leave to file an 
untimely appeal; and
    (ii) The Board determines, in its discretion and for good and 
substantial cause shown, that the appeal should be considered.
    (4) The Board shall make a determination regarding any appeal within 
20 working days of actual receipt of the appeal by the Freedom of 
Information Office, and the determination letter shall notify the 
appealing party of the right to seek judicial review.
    (5) The Secretary may reconsider a denial being appealed if 
intervening circumstances or additional facts not known at the time of 
the denial come to the attention of the Secretary while an appeal is 
pending.