Revision of Freedom of Information Act Regulations, 85402-85410 [2016-28413]

Agencies

• Financial Stability Oversight Council

[Federal Register Volume 81, Number 228 (Monday, November 28, 2016)]
[Rules and Regulations]
[Pages 85402-85410]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-28413]



[[Page 85402]]

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FINANCIAL STABILITY OVERSIGHT COUNCIL

12 CFR Part 1301


Revision of Freedom of Information Act Regulations

AGENCY: Financial Stability Oversight Council.

ACTION: Interim final rule.

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SUMMARY: This rule makes revisions to the regulations of the Financial 
Stability Oversight Council (the ``Council'') under the Freedom of 
Information Act (``FOIA'') as required by the FOIA Improvement Act of 
2016.

DATES: Effective date: November 28, 2016.
    Comment date: Written comments on the rule must be received on or 
before January 27, 2017.

FOR FURTHER INFORMATION CONTACT: Jonah Crane, Deputy Assistant 
Secretary, Financial Stability Oversight Council, U.S. Treasury 
Department, (202) 622-7811; Stephen Milligan, Attorney-Advisor, U.S. 
Treasury Department, (202) 622-4051.

ADDRESSES: Interested persons are invited to submit comments regarding 
this interim final rule according to the instructions below. All 
submissions must refer to the document title.
    Electronic submission of comments. Interested persons may submit 
comments electronically through the Federal eRulemaking Portal at 
https://www.regulations.gov. Electronic submission of comments allows 
the commenter maximum time to prepare and submit a comment, ensures 
timely receipt, and enables the Council to make them available to the 
public. Comments submitted electronically through the https://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.
    Mail. Send comments to Financial Stability Oversight Council, 1500 
Pennsylvania Avenue NW., Washington, DC 20220.
    Public inspection of comments. All properly submitted comments will 
be available for inspection and downloading at https://www.regulations.gov.
    Additional instructions. In general, comments received, including 
attachments and other supporting materials, are part of the public 
record and are available to the public. Do not submit any information 
in your comment or supporting materials that you consider confidential 
or inappropriate for public disclosure.

SUPPLEMENTARY INFORMATION: On June 30, 2016, the President signed into 
law the FOIA Improvement Act of 2016, Public Law 114-185, 130 Stat. 538 
(2016). The revisions to the Council's FOIA regulations implement 
changes mandated by the statute, as described below.
    The rule revises section 1301.2(a)(2) and sections 1301.4(a), (b), 
(d), and (e) to provide that materials required to be made available 
for public inspection will now be available in an electronic format. 
The rule revises section 1301.2(c)(2) to provide that the Council will 
withhold records or information under the FOIA only when it reasonably 
foresees that disclosure would harm an interest protected by a FOIA 
exemption or when disclosure is prohibited by law. Revised section 
1301.2(c)(2) also provides that whenever the Council determines that 
full disclosure of a requested record is not possible, the Council will 
consider whether partial disclosure is possible and will take 
reasonable steps to segregate and release nonexempt material.
    The rule revises section 1301.7(e)(2) to provide that, in the event 
the Council requires additional time beyond a ten-day extension to 
process a request or appeal, the Council will make available its FOIA 
Public Liaison, who will assist in defining the desired scope of the 
request, and will notify the requester of the right to seek dispute 
resolution services from the Office of Government Information Services. 
Similarly, the rule revises sections 1301.8(b)(2), (3), and (4) to 
provide for the Council to advise requesters of their right to seek 
assistance from the FOIA Public Liaison and, in the case of a denied 
request or when no records can be found, to seek dispute resolution 
services offered by the Office of Government Information Services.
    The rule also revises section 1301.11(b) to extend the deadline for 
seeking an appeal to 90 days of the date of the initial determination 
or the date of the letter transmitting the last records released, 
whichever is later and adds a new paragraph (f) to section 1301.11 to 
provide information as to how requesters may seek dispute resolution. 
Finally, the rule revises section 1301.12(e)(4) with respect to the 
circumstances under which the Council will waive fees if it does not 
comply with the time limits for responding to requests and appeals.

Procedural Matters

1. Administrative Procedure Act

    The Council finds that good cause exists, pursuant to 5 U.S.C. 
553(b), that notice and public comment on this rulemaking would be 
unnecessary and contrary to the public interest because the revisions 
to the Council's FOIA regulations are limited to those mandated by the 
FOIA Improvement Act of 2016 and the Council is not exercising any 
discretion in issuing these revisions. While the interim final rule is 
effective immediately upon publication, the Council is inviting public 
comment on the interim final rule during a sixty-day period and will 
consider all comments in developing a final rule.

2. Regulatory Flexibility Act

    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply.

3. Executive Order 12866

    This rule is not a significant regulatory action as defined in 
section 3.f of Executive Order 12866.

List of Subjects in 12 CFR Part 1301

    Freedom of Information.

Financial Stability Oversight Council

Authority and Issuance

0
For the reasons set forth in the preamble, the Financial Stability 
Oversight Council revises part 1301 to 12 CFR chapter XIII to read as 
follows:

PART 1301--FREEDOM OF INFORMATION

Sec.
1301.1 General.
1301.2 Information made available.
1301.3 Publication in the Federal Register.
1301.4 Public inspection.
1301.5 Requests for Council records.
1301.6 Responsibility for responding to requests for Council 
records.
1301.7 Timing of responses to requests for Council records.
1301.8 Responses to requests for Council records.
1301.9 Classified information.
1301.10 Requests for business information provided to the Council.
1301.11 Administrative appeals and dispute resolution.
1301.12 Fees for processing requests for Council records.

    Authority:  12 U.S.C. 5322; 5 U.S.C. 552.


Sec.  1301.1  General.

    This part contains the regulations of the Financial Stability 
Oversight Council (the ``Council'') implementing the Freedom of 
Information Act

[[Page 85403]]

(``FOIA''), 5 U.S.C. 552, as amended. These regulations set forth 
procedures for requesting access to records maintained by the Council. 
This part should be read together with the FOIA, which provides 
additional information about this topic.


Sec.  1301.2  Information made available.

    (a) General. The FOIA provides for access to records developed or 
maintained by a Federal agency. The provisions of the FOIA are intended 
to assure the right of the public to information. Generally, this 
section divides agency records into three major categories and provides 
methods by which each category of records is to be made available to 
the public. The three major categories of records are as follows:
    (1) Information required to be published in the Federal Register 
(see Sec.  1301.3);
    (2) Information required to be made available for public inspection 
in an electronic format or, in the alternative, to be published and 
offered for sale (see Sec.  1301.4); and
    (3) Information required to be made available to any member of the 
public upon specific request (see Sec. Sec.  1301.5 through 1301.12).
    (b) Right of access. Subject to the exemptions and exclusions set 
forth in the FOIA (5 U.S.C. 552(b) and (c)), and the regulations set 
forth in this subpart, any person shall be afforded access to records.
    (c) Exemptions. (1) The disclosure requirements of 5 U.S.C. 552(a) 
do not apply to certain records which are exempt under 5 U.S.C. 552(b); 
nor do the disclosure requirements apply to certain records which are 
excluded under 5 U.S.C. 552(c).
    (2) The Council shall withhold records or information under the 
FOIA only when it reasonably foresees that disclosure would harm an 
interest protected by a FOIA exemption or when disclosure is prohibited 
by law. Whenever the Council determines that full disclosure of a 
requested record is not possible, the Council shall consider whether 
partial disclosure is possible and shall take reasonable steps to 
segregate and release nonexempt information. Nothing in this paragraph 
requires disclosure of information that is otherwise exempted from 
disclosure under 12 U.S.C. 552(b)(3).


Sec.  1301.3  Publication in the Federal Register.

    Subject to the application of the FOIA exemptions and exclusions (5 
U.S.C. 552(b) and (c)) and subject to the limitations provided in 5 
U.S.C. 552(a)(1), the Council shall state, publish and maintain current 
in the Federal Register for the guidance of the public:
    (a) Descriptions of its central and field organization and the 
established places at which, the persons from whom, and the methods 
whereby, the public may obtain information, make submittals or 
requests, or obtain decisions;
    (b) Statements of the general course and method by which its 
functions are channeled and determined, including the nature and 
requirements of all formal and informal procedures available;
    (c) Rules of procedure, descriptions of forms available or the 
places at which forms may be obtained, and instructions as to the scope 
and contents of all papers, reports, or examinations;
    (d) Substantive rules of general applicability adopted as 
authorized by law, and statements of general policy or interpretations 
of general applicability formulated and adopted by the Council; and
    (e) Each amendment, revision, or repeal of matters referred to in 
paragraphs (a) through (d) of this section.


Sec.  1301.4  Public inspection.

    (a) In general. Subject to the application of the FOIA exemptions 
and exclusions (5 U.S.C. 552(b) and (c)), the Council shall, in 
conformance with 5 U.S.C. 552(a)(2), make available for public 
inspection in an electronic format, or, in the alternative, promptly 
publish and offer for sale:
    (1) Final opinions, including concurring and dissenting opinions, 
and orders, made in the adjudication of cases;
    (2) Those statements of policy and interpretations which have been 
adopted by the Council but which are not published in the Federal 
Register;
    (3) Its administrative staff manuals and instructions to staff that 
affect a member of the public;
    (4) Copies of all records, regardless of form or format, that have 
been released previously to any person under 5 U.S.C. 552(a)(3) and 
Sec. Sec.  1301.5 through 1301.12, and that the Council determines have 
become or are likely to become the subject of subsequent requests for 
substantially the same records. When the Council receives three (3) or 
more requests for substantially the same records, then the Council 
shall place those requests in front of any existing processing backlog 
and make the released records available in the Council's public reading 
room and in the electronic reading room on the Council's Web site.
    (5) A general index of the records referred to in paragraph (a)(4) 
of this section.
    (b) Information made available online. For records required to be 
made available for public inspection in an electronic format pursuant 
to 5 U.S.C. 552(a)(2) and paragraphs (a)(1) through (4) of this 
section, the Council shall make such records available on its Web site 
as soon as practicable but in any case no later than one year after 
such records are created.
    (c) Redaction. Based upon applicable exemptions in 5 U.S.C. 552(b), 
the Council may redact certain information contained in any matter 
described in paragraphs (a)(1) through (4) of this section before 
making such information available for inspection or publishing it. The 
justification for the redaction shall be explained in writing, and the 
extent of such redaction shall be indicated on the portion of the 
record which is made available or published, unless including that 
indication would harm an interest protected by the exemption in 5 
U.S.C. 552(b) under which the redaction is made. If technically 
feasible, the extent of the redaction shall be indicated at the place 
in the record where the redaction was made.
    (d) Public reading room. The Council shall make available for 
public inspection in an electronic format, in a reading room or 
otherwise, the material described in paragraphs (a)(1) through (5) of 
this section. Fees for duplication shall be charged in accordance with 
Sec.  1301.12. The location of the Council's reading room is the 
Department of the Treasury's Library. The Library is located in the 
Freedman's Bank Building (formerly the Treasury Annex), Room 1020, 1500 
Pennsylvania Avenue NW., Washington, DC 20220. For building security 
purposes, visitors are required to make an appointment by calling (202) 
622-0990.
    (e) Indices. (1) The Council shall maintain and make available for 
public inspection in an electronic format current indices identifying 
any material described in paragraphs (a)(1) through (3) of this 
section. In addition, the Council shall promptly publish, quarterly or 
more frequently, and distribute (by sale or otherwise) copies of each 
index or supplement unless the Council determines by order published in 
the Federal Register that the publication would be unnecessary and 
impractical, in which case the Council shall nonetheless provide copies 
of the index on request at a cost not to exceed the direct cost of 
duplication.
    (2) The Council shall make the indices referred to in paragraph 
(a)(5)

[[Page 85404]]

and (e)(1) of this section available on its Web site.


Sec.  1301.5  Requests for Council records.

    (a) In general. Except for records made available under 5 U.S.C. 
552(a)(1) and (a)(2) and subject to the application of the FOIA 
exemptions and exclusions (5 U.S.C. 552(b) and (c)), the Council shall 
promptly make its records available to any person pursuant to a request 
that conforms to the rules and procedures of this section.
    (b) Form and content of request. A request for records of the 
Council shall be made as follows:
    (1) The request for records shall be made in writing and submitted 
by mail or via the Internet and should state, both in the request 
itself and on any envelope that encloses it, that it comprises a FOIA 
request. A request that does not explicitly state that it is a FOIA 
request, but clearly indicates or implies that it is a request for 
records, may also be processed under the FOIA.
    (2) If a request is sent by mail, it shall be addressed and 
submitted as follows: FOIA Request--Financial Stability Oversight 
Council, U.S. Department of the Treasury, 1500 Pennsylvania Avenue NW., 
Washington, DC 20220. If a request is made via the Internet, it shall 
be submitted as set forth on the Council's Web site.
    (3) In order to ensure the Council's ability to respond in a timely 
manner, a FOIA request must describe the records that the requester 
seeks in sufficient detail to enable Council personnel to locate them 
with a reasonable amount of effort. Whenever possible, the request must 
include specific information about each record sought, such as the 
date, title or name, author, recipient, and subject matter of the 
record. If known, the requester must include any file designations or 
descriptions for the records requested. In general, a requester is 
encouraged to provide more specific information about the records or 
types of records sought to increase the likelihood that responsive 
records can be located.
    (4) The request shall include the name of and contact information 
for the requester, including a mailing address, telephone number, and, 
if available, an email address at which the Council may contact the 
requester regarding the request.
    (5) For the purpose of determining any fees that may apply to 
processing a request, a requester shall indicate in the request whether 
the requester is a commercial user, an educational institution, non-
commercial scientific institution, representative of the news media, or 
``other'' requester, as those terms are defined in Sec.  1301.12(c), or 
in the alternative, state how the records released will be used. The 
Council shall use this information solely for the purpose of 
determining the appropriate fee category that applies to the requester 
and shall not use this information to determine whether to disclose a 
record in response to the request.
    (6) If a requester seeks a waiver or reduction of fees associated 
with processing a request, then the request shall include a statement 
to that effect, pursuant to Sec.  1301.12(f). Any request that does not 
seek a waiver or reduction of fees shall constitute an agreement of the 
requester to pay any and all fees (of up to $25) that may apply to the 
request, unless or until a request for waiver is sought and granted. 
The requester also may specify in the request an upper limit (of not 
less than $25) that the requester is willing to pay to process the 
request.
    (i) Any request for waiver or reduction of fees should be filed 
together with or as part of the FOIA request, or at a later time prior 
to the Council incurring costs to process the request.
    (ii) A waiver request submitted after the Council incurs costs will 
be considered in accordance with Sec.  1301.12(f); however, the 
requester must agree in writing to pay the fees already incurred if the 
waiver is denied.
    (7) If a requester seeks expedited processing of a request, then 
the request must include a statement to that effect as is required by 
Sec.  1301.7(c).
    (c) Request receipt; effect of request deficiencies. The Council 
shall deem itself to have received a request on the date that it 
receives a complete request containing the information required by 
paragraph (b) of this section. The Council need not accept a request, 
process a request, or be bound by any deadlines in this subpart for 
processing a request that fails materially to conform to the 
requirements of paragraph (b) of this section. If the Council 
determines that it cannot process a request because the request is 
deficient, then the Council shall return it to the requester and advise 
the requester in what respect the request is deficient. The requester 
may then resubmit the request, which the Council shall treat as a new 
request. A determination by the Council that a request is deficient in 
any respect is not a denial of a request for records, and such 
determinations are not subject to appeal.
    (d) Processing of request containing technical deficiency. 
Notwithstanding paragraph (c) of this section, the Council shall not 
reject a request solely due to one or more technical deficiencies 
contained in the request. For the purposes of this paragraph, the term 
``technical deficiency'' means an error or omission with respect to an 
item of information required by paragraph (b) of this section which, by 
itself, does not prevent that part of the request from conforming to 
the applicable requirement, and includes without limitation a non-
material error relating to the contact information for the requester, 
or similar error or omission regarding the date, title or name, author, 
recipient, or subject matter of the record requested.


Sec.  1301.6  Responsibility for responding to requests for Council 
records.

    (a) In general. In determining which records are responsive to a 
request, the Council ordinarily will include only information contained 
in records that the Council maintains, or are in its possession and 
control, as of the date the Council begins its search for responsive 
records. If any other date is used, the Council shall inform the 
requester of that date.
    (b) Authority to grant or deny requests. The records officer shall 
be authorized to make an initial determination to grant or deny, in 
whole or in part, a request for a record.
    (c) Referrals. When the Council receives a request for a record or 
any portion of a record in its possession that originated with another 
agency, including but not limited to a constituent agency of the 
Council, it shall:
    (1) In the case of a record originated by a federal agency subject 
to the FOIA, refer the responsibility for responding to the request 
regarding that record to the originating agency to determine whether to 
disclose it; and
    (2) In the case of a record originated by a state agency, respond 
to the request after giving notice to the originating state agency and 
a reasonable opportunity to provide input or to assert any applicable 
privileges.
    (d) Notice of referral. Whenever the Council refers all or any part 
of the responsibility for responding to a request to another agency, 
the Council shall notify the requester of the referral and inform the 
requester of the name of each agency to which the request has been 
referred and of the part of the request that has been referred.


Sec.  1301.7  Timing of responses to requests for Council records.

    (a) In general. Except as set forth in paragraphs (b) through (d) 
of this section, the Council shall respond to requests according to 
their order of receipt.

[[Page 85405]]

    (b) Multitrack processing. (1) The Council may establish tracks to 
process separately simple and complex requests. The Council may assign 
a request to the simple or complex track based on the amount of work 
and/or time needed to process the request. The Council shall process 
requests in each track according to the order of their receipt.
    (2) The Council may provide a requester in its complex track with 
an opportunity to limit the scope of the request to qualify for faster 
processing within the specified limits of the simple track(s).
    (c)(1) Requests for expedited processing. The Council shall respond 
to a request out of order and on an expedited basis whenever a 
requester demonstrates a compelling need for expedited processing in 
accordance with the requirements of this paragraph (c).
    (2) Form and content of a request for expedited processing. A 
request for expedited processing shall be made as follows:
    (i) A request for expedited processing shall be made in writing or 
via the Internet and submitted as part of the initial request for 
records. When a request for records includes a request for expedited 
processing, both the envelope and the request itself must be clearly 
marked ``Expedited Processing Requested.'' A request for expedited 
processing that is not clearly so marked, but satisfies the 
requirements in Sec.  1301.7(c)(2)(ii) and (iii), may nevertheless be 
granted.
    (ii) A request for expedited processing shall contain a statement 
that demonstrates a compelling need for the requester to obtain 
expedited processing of the requested records. A ``compelling need'' 
may be established under the standard in either paragraph (c)(2)(ii)(A) 
or (B) of this section by demonstrating that:
    (A) Failure to obtain the requested records on an expedited basis 
could reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual. The requester shall fully explain the 
circumstances warranting such an expected threat so that the Council 
may make a reasoned determination that a delay in obtaining the 
requested records would pose such a threat; or
    (B) With respect to a request made by a person primarily engaged in 
disseminating information, urgency to inform the public concerning 
actual or alleged Federal Government activity. A person ``primarily 
engaged in disseminating information'' does not include individuals who 
are engaged only incidentally in the dissemination of information. The 
standard of ``urgency to inform'' requires that the records requested 
pertain to a matter of current exigency to the American general public 
and that delaying a response to a request for records would compromise 
a significant recognized interest to and throughout the American 
general public. The requester must adequately explain the matter or 
activity and why the records sought are necessary to be provided on an 
expedited basis.
    (iii) The requester shall certify the written statement that 
purports to demonstrate a compelling need for expedited processing to 
be true and correct to the best of the requester's knowledge and 
belief. The certification must be in the form prescribed by 28 U.S.C. 
1746: ``I declare under penalty of perjury that the foregoing is true 
and correct to the best of my knowledge and belief. Executed on 
[date].''
    (3) Determinations of requests for expedited processing. Within ten 
(10) calendar days of its receipt of a request for expedited 
processing, the Council shall decide whether to grant the request and 
shall notify the requester of the determination in writing.
    (4) Effect of granting expedited processing. If the Council grants 
a request for expedited processing, then the Council shall give the 
expedited request priority over non-expedited requests and shall 
process the expedited request as soon as practicable. The Council may 
assign expedited requests to their own simple and complex processing 
tracks based upon the amount of work and/or time needed to process 
them. Within each such track, an expedited request shall be processed 
in the order of its receipt.
    (5) Appeals of denials of requests for expedited processing. If the 
Council denies a request for expedited processing, then the requester 
shall have the right to submit an appeal of the denial determination in 
accordance with Sec.  1301.11. The Council shall communicate this 
appeal right as part of its written notification to the requester 
denying expedited processing. The requester shall clearly mark its 
appeal request and any envelope that encloses it with the words 
``Appeal for Expedited Processing.''
    (d) Time period for responding to requests for records. Ordinarily, 
the Council shall have twenty (20) days (excepting Saturdays, Sundays, 
and legal public holidays) from when a request that satisfies the 
requirements of Sec.  1301.5(b) is received by the Council to determine 
whether to grant or deny a request for records. The twenty-day time 
period set forth in this paragraph shall not be tolled by the Council 
except that the Council may:
    (1) Make one reasonable demand to the requester for clarifying 
information about the request and toll the twenty-day time period while 
it awaits the clarifying information; or
    (2) Toll the twenty-day time period while awaiting receipt of the 
requester's response to the Council's request for clarification 
regarding the assessment of fees.
    (e) Unusual circumstances--(1) In general. Except as provided in 
paragraph (e)(2) of this section, if the Council determines that, due 
to unusual circumstances, it cannot respond either to a request within 
the time period set forth in paragraph (d) of this section or to an 
appeal within the time period set forth in Sec.  1301.11, the Council 
may extend the applicable time periods by informing the requester in 
writing of the unusual circumstances and of the date by which the 
Council expects to complete its processing of the request or appeal. 
Any extension or extensions of time shall not cumulatively total more 
than ten (10) days (exclusive of Saturdays, Sundays, and legal public 
holidays).
    (2) Additional time. If the Council determines that it needs 
additional time beyond a ten-day extension to process the request or 
appeal, then the Council shall notify the requester and provide the 
requester with an opportunity to limit the scope of the request or 
appeal or to arrange for an alternative time frame for processing the 
request or appeal or a modified request or appeal. The requester shall 
retain the right to define the desired scope of the request or appeal, 
as long as it meets the requirements contained in this part. To aid the 
requester, the Council shall make available its FOIA Public Liaison, 
who shall assist in defining the desired scope of the request, and 
shall notify the requester of the right to seek dispute resolution 
services from the Office of Government Information Services.
    (3) Unusual circumstances. As used in this paragraph (e), ``unusual 
circumstances'' means, but only to the extent reasonably necessary to 
the proper processing of the particular requests:
    (i) The need to search for and collect the requested records from 
field facilities or other establishments that are separate from the 
office processing the request;
    (ii) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records which are demanded 
in a single request; or

[[Page 85406]]

    (iii) The need for consultation, which shall be conducted with all 
practicable speed, with another agency having a substantial interest in 
the determination of the request, or among two or more components or 
component offices having substantial subject matter interest therein.
    (4) Multiple requests. Where the Council reasonably believes that 
multiple requests submitted by a requester, or by a group of requesters 
acting in concert, constitute a single request that would otherwise 
involve unusual circumstances, and the requests involve clearly related 
matters, they may be aggregated. Multiple requests involving unrelated 
matters will not be aggregated. The Council may disaggregate and treat 
as separate requests a single request that has multiple unrelated 
components. The Council shall notify the requester if a request is 
disaggregated.


Sec.  1301.8  Responses to requests for Council records.

    (a) Acknowledgement of requests. Upon receipt of a request that 
meets the requirements of Sec.  1301.5(b), the Council ordinarily shall 
assign to the request a unique tracking number and shall send an 
acknowledgement letter or email to the requester that contains the 
following information:
    (1) A brief description of the request;
    (2) The applicable request tracking number;
    (3) The date of receipt of the request, as determined in accordance 
with Sec.  1301.5(c); and
    (4) A confirmation, with respect to any fees that may apply to the 
request pursuant to Sec.  1301.12, that the requester has sought a 
waiver or reduction in such fees, has agreed to pay any and all 
applicable fees, or has specified an upper limit (of not less than $25) 
that the requester is willing to pay in fees to process the request.
    (b) Initial determination to grant or deny a request--(1) In 
general. The Council records officer (as designated in Sec.  1301.6(b)) 
shall make initial determinations to grant or to deny in whole or in 
part requests for records.
    (2) Granting of request. If the request is granted in full or in 
part, the Council shall provide the requester with a copy of the 
releasable records, and shall do so in the format specified by the 
requester to the extent that the records are readily producible by the 
Council in the requested format. The Council also shall send the 
requester a statement of the applicable fees, broken down by search, 
review and duplication fees, either at the time of the determination or 
shortly thereafter. The Council shall also advise the requester of the 
right to seek assistance from the FOIA Public Liaison.
    (3) Denial of requests. If the Council determines that the request 
for records should be denied in whole or in part, the Council shall 
notify the requester in writing. The notification shall:
    (i) State the exemptions relied on in not granting the request;
    (ii) If technically feasible, indicate the volume of information 
redacted (including the number of pages withheld in part and in full) 
and the exemptions under which the redaction is made at the place in 
the record where such redaction is made (unless providing such 
indication would harm an interest protected by the exemption relied 
upon to deny such material);
    (iii) Set forth the name and title or position of the responsible 
official;
    (iv) Advise the requester of the right to administrative appeal in 
accordance with Sec.  1301.11 and specify the official or office to 
which such appeal shall be submitted; and
    (v) Advise the requester of the right to seek assistance from the 
FOIA Public Liaison or seek dispute resolution services offered by the 
Office of Government Information Services.
    (4) No records found. If it is determined, after an adequate search 
for records by the responsible official or his/her delegate, that no 
records could be located, the Council shall so notify the requester in 
writing. The notification letter shall advise the requester of the 
right to seek assistance from the FOIA Public Liaison, seek dispute 
resolution services offered by the Office of Government Information 
Services, and administratively appeal the Council's determination that 
no records could be located (i.e., to challenge the adequacy of the 
Council's search for responsive records) in accordance with Sec.  
1301.11. The response shall specify the official to whom the appeal 
shall be submitted for review.


Sec.  1301.9  Classified information.

    (a) Referrals of requests for classified information. Whenever a 
request is made for a record containing information that has been 
classified, or may be appropriate for classification, by another agency 
under Executive Order 13526 or any other executive order concerning the 
classification of records, the Council shall refer the responsibility 
for responding to the request regarding that information to the agency 
that classified the information, should consider the information for 
classification, or has the primary interest in it, as appropriate. 
Whenever a record contains information that has been derivatively 
classified by the Council because it contains information classified by 
another agency, the Council shall refer the responsibility for 
responding to the request regarding that information to the agency that 
classified the underlying information or shall consult with that agency 
prior to processing the record for disclosure or withholding.
    (b) Determination of continuing need for classification of 
information. Requests for information classified pursuant to Executive 
Order 13526 require the Council to review the information to determine 
whether it continues to warrant classification. Information which no 
longer warrants classification under the Executive Order's criteria 
shall be declassified and made available to the requester, unless the 
information is otherwise exempt from disclosure.


Sec.  1301.10  Requests for business information provided to the 
Council.

    (a) In general. Business information provided to the Council by a 
submitter shall not be disclosed pursuant to a FOIA request except in 
accordance with this section.
    (b) Definitions. For purposes of this section:
    (1) Business information means information from a submitter that is 
trade secrets or other commercial or financial information that may be 
protected from disclosure under Exemption 4.
    (2) Submitter means any person or entity from whom the Council 
obtains business information, directly or indirectly. The term includes 
corporations, state, local, and tribal governments, and foreign 
governments.
    (3) Exemption 4 means Exemption 4 of the FOIA, 5 U.S.C. 552(b)(4).
    (c) Designation of business information. A submitter of business 
information shall use good-faith efforts to designate, by appropriate 
markings, either at the time of submission or at a reasonable time 
thereafter, any portions of its submission that it considers to be 
protected from disclosure under Exemption 4. These designations will 
expire ten (10) years after the date of the submission unless the 
submitter on his or her own initiative requests otherwise, and provides 
justification for, a longer designation period.
    (d) Notice to submitters. The Council shall provide a submitter 
with prompt written notice of receipt of a request or appeal 
encompassing the business information of the submitter whenever 
required in accordance with paragraph (e) of this section. Such written 
notice

[[Page 85407]]

shall either describe the exact nature of the business information 
requested or provide copies of the records or portions of records 
containing the business information. When a voluminous number of 
submitters must be notified, the Council may post or publish such 
notice in a place reasonably likely to accomplish such notification.
    (e) When notice is required. The Council shall provide a submitter 
with notice of receipt of a request or appeal whenever:
    (1) The information has been designated in good faith by the 
submitter as information considered protected from disclosure under 
Exemption 4; or
    (2) The Council has reason to believe that the information may be 
protected from disclosure under Exemption 4 because disclosure could 
reasonably be expected to cause substantial competitive harm to the 
submitter.
    (f) Opportunity to object to disclosure. (1) Through the notice 
described in paragraph (d) of this section, the Council shall notify 
the submitter in writing that the submitter shall have ten (10) days 
from the date of the notice (exclusive of Saturdays, Sundays, and legal 
public holidays) to provide the Council with a detailed statement of 
any objection to disclosure. Such statement shall specify all grounds 
for withholding any of the information under Exemption 4, including a 
statement of why the information is considered to be a trade secret or 
commercial or financial information that is privileged or confidential. 
In the event that the submitter fails to respond to the notice within 
the time specified, the submitter shall be considered to have no 
objection to disclosure of the information. Information provided by a 
submitter pursuant to this paragraph (f) may itself be subject to 
disclosure under the FOIA.
    (2) When notice is given to a submitter under this section, the 
Council shall advise the requester that such notice has been given to 
the submitter. The requester shall be further advised that a delay in 
responding to the request may be considered a denial of access to 
records and that the requester may proceed with an administrative 
appeal or seek judicial review, if appropriate. However, the Council 
shall invite the requester to agree to an extension of time so that the 
Council may review the submitter's objection to disclosure.
    (g) Notice of intent to disclose. The Council shall consider 
carefully a submitter's objections and specific grounds for 
nondisclosure prior to determining whether to disclose business 
information responsive to the request. If the Council decides to 
disclose business information over the objection of a submitter, the 
Council shall provide the submitter with a written notice which shall 
include:
    (1) A statement of the reasons for which the submitter's disclosure 
objections were not sustained;
    (2) A description of the business information to be disclosed; and
    (3) A specified disclosure date which is not less than ten (10) 
days (exclusive of Saturdays, Sundays, and legal public holidays) after 
the notice of the final decision to release the requested information 
has been provided to the submitter. Except as otherwise prohibited by 
law, notice of the final decision to release the requested information 
shall be forwarded to the requester at the same time.
    (h) Notice of FOIA lawsuit. Whenever a requester brings suit 
seeking to compel disclosure of business information covered in 
paragraph (c) of this section, the Council shall promptly notify the 
submitter.
    (i) Exception to notice requirement. The notice requirements of 
this section shall not apply if:
    (1) The Council determines that the information shall not be 
disclosed;
    (2) The information lawfully has been published or otherwise made 
available to the public; or
    (3) Disclosure of the information is required by statute (other 
than the FOIA) or by a regulation issued in accordance with the 
requirements of Executive Order 12600 (3 CFR, 1987 Comp., p. 235).


Sec.  1301.11  Administrative appeals and dispute resolution.

    (a) Grounds for administrative appeals. A requester may appeal an 
initial determination of the Council, including but not limited to a 
determination:
    (1) To deny access to records in whole or in part (as provided in 
Sec.  1301.8(b)(4));
    (2) To assign a particular fee category to the requester (as 
provided in Sec.  1301.12(c));
    (3) To deny a request for a reduction or waiver of fees (as 
provided in Sec.  1301.12(f)(7));
    (4) That no records could be located that are responsive to the 
request (as provided in Sec.  1301.8(b)(5)); or
    (5) To deny a request for expedited processing (as provided in 
Sec.  1301.7(c)(5)).
    (b) Time limits for filing administrative appeals. An appeal, other 
than an appeal of a denial of expedited processing, must be submitted 
within ninety (90) days of the date of the initial determination or the 
date of the letter transmitting the last records released, whichever is 
later. An appeal of a denial of expedited processing must be made 
within ten (10) days of the date of the initial determination to deny 
expedited processing (see Sec.  1301.7).
    (c) Form and content of administrative appeals. The appeal shall--
    (1) Be made in writing or, as set forth on the Council's Web site, 
via the Internet;
    (2) Be clearly marked on the appeal request and any envelope that 
encloses it with the words ``Freedom of Information Act Appeal'' and 
addressed to Financial Stability Oversight Council, U.S. Department of 
the Treasury, 1500 Pennsylvania Avenue NW, Washington DC 20220;
    (3) Set forth the name of and contact information for the 
requester, including a mailing address, telephone number, and, if 
available, an email address at which the Council may contact the 
requester regarding the appeal;
    (4) Specify the date of the initial request and date of the letter 
of initial determination, and, where possible, enclose a copy of the 
initial request and the initial determination being appealed; and
    (5) Set forth specific grounds for the appeal.
    (d) Processing of administrative appeals. Appeals shall be stamped 
with the date of their receipt by the office to which addressed, and 
shall be processed in the approximate order of their receipt. The 
receipt of the appeal shall be acknowledged by the Council and the 
requester advised of the date the appeal was received and the expected 
date of response.
    (e) Determinations to grant or deny administrative appeals. The 
Chairperson of the Council or his/her designee is authorized to and 
shall decide whether to affirm or reverse the initial determination (in 
whole or in part), and shall notify the requester of this decision in 
writing within twenty (20) days (exclusive of Saturdays, Sundays, and 
legal public holidays) after the date of receipt of the appeal, unless 
extended pursuant to Sec.  1301.7(e).
    (1) If it is decided that the appeal is to be denied (in whole or 
in part) the requester shall be--
    (i) Notified in writing of the denial;
    (ii) Notified of the reasons for the denial, including the FOIA 
exemptions relied upon;
    (iii) Notified of the name and title or position of the official 
responsible for the determination on appeal;

[[Page 85408]]

    (iv) Provided with a statement that judicial review of the denial 
is available in the United States District Court for the judicial 
district in which the requester resides or has a principal place of 
business, the judicial district in which the requested records are 
located, or the District of Columbia in accordance with 5 U.S.C. 
552(a)(4)(B); and
    (v) Provided with notification that mediation services may be 
available to the requester as a non-exclusive alternative to litigation 
through the Office of Government Information Services in accordance 
with 5 U.S.C. 552(h)(3).
    (2) If the Council grants the appeal in its entirety, the Council 
shall so notify the requester and promptly process the request in 
accordance with the decision on appeal.
    (f) Dispute resolution. Requesters may seek dispute resolution by 
contacting the FOIA Public Liaison or the Office of Government 
Information Services as set forth on the Council's Web site.


Sec.  1301.12  Fees for processing requests for Council records.

    (a) In general. The Council shall charge the requester for 
processing a request under the FOIA in the amounts and for the services 
set forth in paragraphs (b) through (d) of this section, except if a 
waiver or reduction of fees is granted under paragraph (f) of this 
section, or if, pursuant to paragraph (e)(4) of this section, the 
failure of the Council to comply with certain time limits precludes it 
from assessing certain fees. No fees shall be charged if the amount of 
fees incurred in processing the request is below $25.
    (b) Fees chargeable for specific services. The fees for services 
performed by the Council shall be imposed and collected as set forth in 
this paragraph (b).
    (1) Duplicating records. The Council shall charge a requester fees 
for the cost of copying records as follows:
    (i) $.15 per page, up to 8\1/2\ x 14'', made by photocopy or 
similar process.
    (ii) Photographs, films, and other materials--actual cost of 
duplication.
    (iii) Other types of duplication services not mentioned above--
actual cost.
    (iv) Material provided to a private contractor for copying shall be 
charged to the requester at the actual cost charged by the private 
contractor.
    (2) Search services. The Council shall charge a requester for all 
time spent by its employees searching for records that are responsive 
to a request, including page-by-page or line-by-line identification of 
responsive information within records, even if no responsive records 
are found. The Council shall charge the requester fees for search time 
as follows:
    (i) Searches for other than electronic records. The Council shall 
charge for search time at the salary rate(s) (basic pay plus sixteen 
(16) percent) of the employee(s) who conduct the search. This charge 
shall also include transportation of employees and records at actual 
cost. Fees may be charged for search time even if the search does not 
yield any responsive records, or if records are exempt from disclosure.
    (ii) Searches for electronic records. The Council shall charge the 
requester for the actual direct cost of the search, including computer 
search time, runs, and the operator's salary. The fee for computer 
output shall be the actual direct cost. For a requester in the 
``other'' category, 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 of the 
person performing the search (i.e., the operator), the charge for the 
computer search will begin.
    (3) Review of records. The Council shall charge a requester for 
time spent by its employees examining responsive records to determine 
whether any portions of such record are withholdable from disclosure, 
pursuant to the FOIA exemptions of 5 U.S.C. 552(b). The Council shall 
also charge a requester for time spent by its employees redacting any 
such withholdable information from a record and preparing a record for 
release to the requester. The Council shall charge a requester for time 
spent reviewing records at the salary rate(s) (i.e., basic pay plus 
sixteen (16) percent) of the employees who conduct the review. Fees may 
be charged for review time even if records ultimately are not 
disclosed.
    (4) Inspection of records in the reading room. Fees for all 
services provided shall be charged whether or not copies are made 
available to the requester for inspection. However, no fee shall be 
charged for monitoring a requester's inspection of records.
    (5) Other services. Other services and materials requested which 
are not covered by this part nor required by the FOIA are chargeable at 
the actual cost to the Council. Charges permitted under this paragraph 
may include:
    (i) Certifying that records are true copies; and
    (ii) Sending records by special methods (such as by express mail, 
etc.).
    (c) Fees applicable to various categories of requesters--(1) 
Generally. The Council shall assess the fees set forth in paragraph (b) 
of this section in accordance with the requester fee categories set 
forth below.
    (2) Requester selection of fee category. A requester shall 
identify, in the initial FOIA request, the purpose of the request in 
one of the following categories:
    (i) Commercial. A commercial use request refers to 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, which can include 
furthering those interests through litigation. The Council may 
determine from the use specified in the request that the requester is a 
commercial user.
    (ii) Educational institution. This refers to a preschool, a public 
or private elementary or secondary school, an institution of graduate 
higher education, an institution of undergraduate higher education, an 
institution of professional education, and an institution of vocational 
education, which operates a program or programs of scholarly research. 
This category does not include requesters seeking records for use in 
meeting individual academic research or study requirements.
    (iii) Non-commercial scientific institution. This refers to an 
institution that is not operated on a ``commercial'' basis, as that 
term is defined in paragraph (c)(2)(i) of this section, 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.
    (iv) Representative of the news media. This refers to 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 
distinct work, and distributes that work to an audience. In this 
paragraph (c)(2)(iv), 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 subscription or by 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

[[Page 85409]]

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.
    (v) Other Requester. This refers to a requester who does not fall 
within any of the categories described in paragraphs (c)(2)(i) through 
(iv) of this section.
    (d) Fees applicable to each category of requester. The Council 
shall apply the fees set forth in this paragraph, for each category 
described in paragraph (c) of this section, to requests processed by 
the Council under the FOIA.
    (1) Commercial use. A requester seeking records for commercial use 
shall be charged the full direct costs of searching for, reviewing, and 
duplicating the records they request as set forth in paragraph (b) of 
this section. Moreover, when a request is received for disclosure that 
is primarily in the commercial interest of the requester, the Council 
is not required to consider a request for a waiver or reduction of fees 
based upon the assertion that disclosure would be in the public 
interest. The Council may recover the cost of searching for and 
reviewing records even if there is ultimately no disclosure of records 
or no records are located.
    (2) Educational and non-commercial scientific uses. A requester 
seeking records for educational or non-commercial scientific use shall 
be charged only for the cost of duplicating the records they request, 
except that the Council shall provide the first one hundred (100) pages 
of duplication free of charge. To be eligible, the requester must show 
that the request is made under the auspices of a qualifying institution 
and that the records are not sought for a commercial use, but are 
sought in furtherance of scholarly (if the request is from an 
educational institution) or scientific (if the request is from a non-
commercial scientific institution) research. These categories do not 
include a requester who seeks records for use in meeting individual 
academic research or study requirements.
    (3) News media uses. A requester seeking records under the news 
media use category shall be charged only for the cost of duplicating 
the records they request, except that the Council shall provide the 
requester with the first one hundred (100) pages of duplication free of 
charge.
    (4) Other requests. A requester seeking records for any other use 
shall be charged the full direct cost of searching for and duplicating 
records that are responsive to the request, as set forth in paragraph 
(b) of this section, except that the Council shall provide the first 
one hundred (100) pages of duplication and the first two hours of 
search time free of charge. The Council may recover the cost of 
searching for records even if there is ultimately no disclosure of 
records, or no records are located.
    (e) Other circumstances when fees are not charged. Notwithstanding 
paragraphs (b), (c), and (d) of this section, the Council may not 
charge a requester a fee for processing a FOIA request if--:
    (1) Services were performed without charge;
    (2) The cost of collecting a fee would be equal to or greater than 
the fee itself;
    (3) The fees were waived or reduced in accordance with paragraph 
(f) of this section;
    (4) The Council fails to comply with any time limit under Sec.  
1301.7 or Sec.  1301.11; provided that:
    (i) If unusual circumstances (as that term is defined in Sec.  
1301.7(e)) apply to the processing of the request and the Council has 
provided a timely notice to the requester in accordance with Sec.  
1301.7(e)(1), then a failure to comply with such time limit shall be 
excused for an additional ten days;
    (ii) If unusual circumstances (as that term is defined in Sec.  
1301.7(e)) apply to the processing of the request, more than 5,000 
pages are necessary to respond to the request, the Council has provided 
a timely written notice to the requester in accordance with Sec.  
1301.7(e)(2), and the Council has discussed with the requester via 
written mail, electronic mail, or telephone (or made not less than 
three good-faith attempts to do so) how the requester could effectively 
limit the scope of the request in accordance with paragraph Sec.  
1301.7(e)(2), then the Council may charge a requester a fee; and
    (iii) If a court has determined that exceptional circumstances 
exist, then a failure to comply with such time limit shall be excused 
for the length of time provided by the court order; or
    (5) The requester is an educational or noncommercial scientific 
institution or a representative of the news media (as described in 
paragraphs (c)(2)(ii) through (iv) of this section), then the Council 
shall not assess the duplication fees.
    (f) Waiver or reduction of fees. (1) A requester shall be entitled 
to receive from the Council a waiver or reduction in the fees otherwise 
applicable to a FOIA request whenever the requester:
    (i) Requests such waiver or reduction of fees in writing and 
submits the written request to the Council together with or as part of 
the FOIA request, or at a later time consistent with Sec.  1301.5(b)(7) 
to process the request; and
    (ii) Demonstrates that the fee reduction or waiver request is in 
the public interest because:
    (A) Furnishing the information is likely to contribute 
significantly to public understanding of the operations or activities 
of the government; and
    (B) Furnishing the information is not primarily in the commercial 
interest of the requester.
    (2) To determine whether the requester has satisfied the 
requirements of paragraph (f)(1)(ii)(A) of this section, the Council 
shall consider:
    (i) The subject of the requested records must concern identifiable 
operations or activities of the Federal Government, with a connection 
that is direct and clear, not remote or attenuated;
    (ii) The disclosable portions of the requested records must be 
meaningfully informative about government operations or activities in 
order to be ``likely to contribute'' to an increased public 
understanding of those operations or activities. The disclosure of 
information that already is in the public domain, in either a 
duplicative or a substantially identical form, would not be as likely 
to contribute to such understanding where nothing new would be added to 
the public's understanding;
    (iii) The disclosure must contribute to the understanding of a 
reasonably broad audience of persons interested in the subject, as 
opposed to the individual understanding of the requester. A requester's 
expertise in the subject area and ability and intention to effectively 
convey information to the public shall be considered. It shall be 
presumed that a representative of the news media will satisfy this 
consideration.
    (iv) The public's understanding of the subject in question, as 
compared to the level of public understanding existing prior to the 
disclosure, must be enhanced by the disclosure to a significant extent.
    (3) To determine whether the requester satisfies the requirement of 
paragraph (f)(1)(ii)(B) of this section, the Council shall consider:
    (i) Any commercial interest of the requester (with reference to the 
definition of ``commercial use'' in Sec.  1301.12(c)(2)(i)), or of any 
person on whose behalf the requester may be

[[Page 85410]]

acting, that would be furthered by the requested disclosure. In the 
administrative process, a requester may provide explanatory information 
regarding this consideration; and
    (ii) Whether the public interest is greater in magnitude than that 
of any identified commercial interest in disclosure. The Council 
ordinarily shall presume that, if a news media requester satisfies the 
public interest standard, the public interest will be the interest 
primarily served by disclosure to that requester. Disclosure to data 
brokers or others who merely compile and market government information 
for direct economic return shall not be presumed to primarily serve the 
public interest.
    (4) Where only some of the records to be released satisfy the 
requirements for a waiver or reduction of fees, a waiver or reduction 
shall be granted for those records.
    (5) Determination of request to reduce or waive fees: The Council 
shall notify the requester in writing regarding its determinations to 
reduce or waive fees.
    (6) Effect of denying request to reduce or waive fees: If the 
Council denies a request to reduce or waive fees, then the Council 
shall advise the requester, in the denial notification letter, that the 
requester may incur fees as a result of processing the request. In the 
denial notification letter, the Council shall advise the requester that 
the Council will not proceed to process the request further unless the 
requester, in writing, directs the Council to do so and either agrees 
to pay any fees that may apply to processing the request or specifies 
an upper limit (of not less than $25) that the requester is willing to 
pay to process the request. If the Council does not receive this 
written direction and agreement/specification within thirty (30) days 
of the date of the denial notification letter, then the Council shall 
deem the FOIA request to be withdrawn.
    (7) Appeals of denials of requests to reduce or waive fees: If the 
Council denies a request to reduce or waive fees, then the requester 
shall have the right to submit an appeal of the denial determination in 
accordance with Sec.  1301.11. The Council shall communicate this 
appeal right as part of its written notification to the requester 
denying the fee reduction or waiver request. The requester shall 
clearly mark its appeal request and any envelope that encloses it with 
the words ``Appeal for Fee Reduction/Waiver.''
    (g) Notice of estimated fees; advance payments. (1) When the 
Council estimates the fees for processing a request will exceed the 
limit set by the requester, and that amount is less than $250, the 
Council shall notify the requester of the estimated costs, broken down 
by search, review and duplication fees. The requester must provide an 
agreement to pay the estimated costs, except that the requester may 
reformulate the request in an attempt to reduce the estimated fees.
    (2) If the requester fails to state a limit and the costs are 
estimated to exceed $250, the requester shall be notified of the 
estimated costs, broken down by search, review and duplication fees, 
and must pay such amount prior to the processing of the request, or 
provide satisfactory assurance of full payment if the requester has a 
history of prompt payment of FOIA fees. Alternatively, the requester 
may reformulate the request in such a way as to constitute a request 
for responsive records at a reduced fee.
    (3) The Council reserves the right to request advance payment after 
a request is processed and before records are released.
    (4) If a requester previously has failed to pay a fee within thirty 
(30) calendar days of the date of the billing, the requester shall be 
required to pay the full amount owed plus any applicable interest, and 
to make an advance payment of the full amount of the estimated fee 
before the Council begins to process a new request or the pending 
request.
    (5) When the Council acts under paragraphs (g)(1) through (4) of 
this section, the administrative time limits of twenty (20) days 
(excluding Saturdays, Sundays, and legal public holidays) from receipt 
of initial requests or appeals, plus extensions of these time limits, 
shall begin only after any applicable fees have been paid (in the case 
of paragraph (g)(2), (3), or (4)), a written agreement to pay fees has 
been provided (in the case of paragraph (g)(1)), or a request has been 
reformulated (in the case of paragraph (g)(1) or (2)).
    (h) Form of payment. Payment may be made by check or money order 
paid to the Treasurer of the United States.
    (i) Charging interest. The Council may charge interest on any 
unpaid bill starting on the 31st day following the date of billing the 
requester. Interest charges will be assessed at the rate provided in 31 
U.S.C. 3717 and will accrue from the date of the billing until payment 
is received by the Council. The Council will follow the provisions of 
the Debt Collection Act of 1982 (Pub. L. 97-365, 96 Stat. 1749), as 
amended, and its administrative procedures, including the use of 
consumer reporting agencies, collection agencies, and offset.
    (j) Aggregating requests. If the Council reasonably determines that 
a requester or a group of requesters acting together is attempting to 
divide a request into a series of requests for the purpose of avoiding 
fees, the Council may aggregate those requests and charge accordingly. 
The Council may presume that multiple requests involving related 
matters submitted within a thirty (30) calendar day period have been 
made in order to avoid fees. The Council shall not aggregate multiple 
requests involving unrelated matters.

    Dated: November 17, 2016.
Eric A. Froman,
Executive Director, Financial Stability Oversight Council.
[FR Doc. 2016-28413 Filed 11-25-16; 8:45 am]
BILLING CODE 4810-25-P-P