Freedom of Information Act Implementation, 13743-13752 [2017-04910]

Agencies

• FEDERAL HOUSING FINANCE AGENCY

[Federal Register Volume 82, Number 49 (Wednesday, March 15, 2017)]
[Rules and Regulations]
[Pages 13743-13752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-04910]


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FEDERAL HOUSING FINANCE AGENCY

12 CFR Part 1202

RIN 2590-AA86


Freedom of Information Act Implementation

AGENCY: Federal Housing Finance Agency.

ACTION: Interim final rule with request for comments.

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SUMMARY: The Federal Housing Finance Agency (FHFA) is issuing this 
interim final rule to amend its existing Freedom of Information Act 
(FOIA) regulation. The amendments incorporate the requirements of the 
FOIA Improvement Act of 2016 by giving notice of the circumstances 
under which FHFA may extend the time limit for responding to a FOIA 
request due to unusual circumstance; notifying a requester of their 
right to seek dispute resolution services; affording a requester a 
minimum of 90 days to file an administrative appeal; and clarifying and 
updating the existing regulation.

DATES: The interim final rule is effective on March 15, 2017. FHFA will 
accept written comments on the interim final rule on or before May 15, 
2017. For additional information, see SUPPLEMENTARY INFORMATION.

ADDRESSES: You may submit your comments on the interim final rule, 
identified by ``RIN 2590-AA86,'' by any of the following methods:
     Agency Web site: www.fhfa.gov/open-for-comment-or-input.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments. If you submit your 
comment to the Federal eRulemaking Portal, please also send it by email 
to FHFA at RegComments@fhfa.gov to ensure timely receipt by FHFA. 
Include the following information in the subject line of your 
submission: ``Comments/RIN 2590-AA86.''
     Hand Delivery/Courier to: Alfred M. Pollard, General 
Counsel, Attention: Comments/RIN 2590-AA86, Federal Housing Finance 
Agency, 400 Seventh Street SW., Eighth Floor, Washington, DC 20219. The 
package must be logged at the Guard Desk, First Floor, on business days 
between 9 a.m. and 5 p.m.
     U.S. Mail Service, United Parcel Service, Federal Express, 
or other commercial delivery service to: Alfred M. Pollard, General 
Counsel, Attention: Comments/RIN 2590-AA86, Federal Housing Finance 
Agency, 400 Seventh Street SW., Eighth Floor, Washington, DC 20219. 
Please note that all mail sent to FHFA via the U.S. Mail service is 
routed through a national irradiation facility, a process that may 
delay delivery by approximately two weeks. For any time-sensitive 
correspondence, please plan accordingly.

FOR FURTHER INFORMATION CONTACT: David A. Lee, Chief FOIA Officer, 
(202) 649-3803, or Stacy J. Easter, FOIA Officer (202) 649-3803, (not 
toll free numbers), Federal Housing Finance Agency, 400 Seventh Street 
SW., Eighth Floor, Washington, DC 20219, or FOIA@fhfa.gov. The 
telephone number for the Telecommunications Device for the Deaf is 
(800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Comments

    FHFA is amending its FOIA regulation at 12 CFR part 1202 to 
incorporate changes made to the FOIA, 5 U.S.C. 552, by the FOIA 
Improvement Act of 2016, Public Law 114-185, 130 Stat. 538 (June 30, 
2016) (Act). The primary changes to the FOIA made by the Act include 
codifying the foreseeable harm standard when making a determination 
whether to release agency records under Exemption 5; notifying 
requesters of the availability of dispute resolutions services at 
various times throughout the FOIA process; providing a minimum of 90 
days for requesters to file an administrative appeal; incorporating the 
new statutory restrictions on charging fees in certain circumstances, 
and reflecting recent developments in the case law.
    FHFA invites comments on all aspects of the interim final rule and 
will take all relevant comments into consideration before issuing the 
final regulation. All submissions received must include the agency name 
or Regulatory Information

[[Page 13744]]

Number (RIN) for this rulemaking. All comments received will be posted 
without change on the FHFA Internet Web site, https://www.fhfa.gov, and 
will include any personal information provided, such as name, address 
(mailing and email), and telephone numbers. In addition, copies of all 
comments received will be available for public inspection on business 
days between the hours of 10 a.m. and 3 p.m. at the Federal Housing 
Finance Agency, 400 Seventh Street SW., Eighth Floor, Washington, DC 
20219. To make an appointment to inspect comments, please call the 
Office of General Counsel at (202) 649-3804.

II. Effective Date and Request for Comments

    FHFA has concluded that good cause exists, under 5 U.S.C. 553(b)(B) 
and (d)(3), to waive the notice-and-comment and delayed effective date 
requirements of the Administrative Procedure Act and to proceed with 
this interim final rule. The amendments to part 1202 primarily address 
how FHFA will implement the changes made under the Act, make clarifying 
and general updates to the existing regulation, and add two appendices 
indicating where to send FOIA requests and appeals to FHFA and FHFA 
Office of Inspector General, but do not fundamentally alter or change 
the regulation's nature or scope. Further, in light of the significant 
need for immediate guidance regarding the changes made under the Act, 
FHFA has determined that notice-and-comment rulemaking is impracticable 
and contrary to public policy.
    Nevertheless, FHFA is providing the public with a 60-day period 
following publication of the interim final rule to submit comments. Any 
comments received will be considered prior to issuing a final 
regulation.

III. Background

A. Establishment of the Federal Housing Finance Agency

    The Housing and Economic Recovery Act of 2008 (HERA), Public Law 
110-289, 122 Stat. 2654, amended the Federal Housing Enterprises 
Financial Safety and Soundness Act of 1992 (Safety and Soundness Act) 
(12 U.S.C. 4501 et seq.) and the Federal Home Loan Bank Act (12 U.S.C. 
1421 et seq.) to establish FHFA as an independent agency of the Federal 
Government to ensure that the Federal National Mortgage Association, 
the Federal Home Loan Mortgage Corporation, and the Federal Home Loan 
Banks (collectively, the regulated entities) are capitalized 
adequately; foster liquid, efficient, competitive and resilient 
national housing finance markets; operate in a safe and sound manner; 
comply with the Safety and Soundness Act and all rules, regulations, 
guidelines and orders issued under the Safety and Soundness Act, and 
the regulated entities' respective authorizing statutes; carry out 
their missions through activities consistent with the aforementioned 
authorities; and the activities and operations of the regulated 
entities are consistent with the public interest.

B. Issuance of FOIA Regulation

    In 2011, FHFA issued a final FOIA regulation at 12 CFR part 1202 
that provided the procedures and guidelines under which FHFA would 
implement the FOIA, and added provisions to include its newly created 
component, the Office of Inspector General (FHFA-OIG). This interim 
final rule amends the existing FOIA regulation at part 1202 to 
implement the changes made by the Act, remove individual component 
procedures from the body of the regulation adding them to the newly 
created appendices, as well as to make clarifying technical amendments.

IV. Analysis of Sections Affected by the Act

Section 1202.2 What do the terms in this regulation mean?

    This section is amended to include new and revised terms. It is 
also amended to conform to recent decisions of the D.C. Circuit Court 
of Appeals addressing two FOIA Fee categories: ``educational 
institution'' and ``representative of the news media.'' See Cause of 
Action v. FTC, 799 F.3d 1108 (D.C. Cir. 2015; and Sack v. DOD, 823 F.3d 
687 (D.C. Cir. 2016). In Cause of Action, 799 F.3d at 1125, the court 
held that a representative of the news media need not work for an 
entity that is ``organized and operated'' to publish or broadcast news. 
Therefore, the definition of ``representative of the news media'' is 
amended to remove the ``organized and operated'' requirement. The 
definition of ``educational institution'' is amended to reflect the 
holding in Sack, 823 F.3d at 688, which held that students who make 
FOIA requests in furtherance of their coursework or other school-
sponsored activities may qualify under this requester category. The 
amended definition now states that a requester under this category need 
only to show that the request is made in connection with his or her 
role at the educational institution.

Section 1202.3 What information can I obtain through the FOIA?

    Paragraph (b) is amended to reflect the changes made to the FOIA by 
the Act, regarding proactive disclosures of records by making them 
available for public inspection and copying in FHFA's electronic 
reading room.

Section 1202.4 What information is exempt from disclosure?

    Paragraph (a) is amended to reflect the changes made to the FOIA by 
the Act regarding adding the foreseeable harm standard to the statute. 
This amendment informs the public how FHFA will use the foreseeable 
harm standard when determining whether or not to disclose requested 
information.

Section 1202.5 How do I request information from FHFA under the FOIA?

    Paragraph (a) is amended to reflect the addition of two appendices 
with information on where to file FOIA requests and appeals for each 
FHFA component (FHFA-Headquarters and FHFA-OIG).

Section 1202.7 How will FHFA respond to my FOIA request?

    Paragraph (b) is amended to include a standard for how FHFA will 
determine the cut-off date for FOIA searches. Also, as required by the 
Act, paragraph (g)(2) is amended to make available FHFA's FOIA Public 
Liaison whenever a request is placed in the complex track. Lastly, 
paragraph (g)(3) is amended to add an explanation on how, why and when 
FHFA will aggregate a request.

Section 1202.9 How do I appeal a response denying my FOIA request?

    As required by the Act, paragraph (b) is amended to extend the time 
to file an administrative appeal to 90 days after an adverse 
determination. Paragraph (g) is also amended to include a requirement 
that FHFA notify requesters of the availability of assistance from 
FHFA's FOIA Public Liaison and the Office of Government Information 
Services when providing requesters with a response to their requests.

Section 1202.11 What will it cost to get the records I requested?

    Paragraph (c) is amended to update FHFA's fee schedule. 
Specifically, a detailed formula on how FHFA's fee schedule is 
calculated has been added. Going forward fees will be based on this 
formula and will be published and updated, as required, on FHFA's Web 
site. Also, as required by the Act, paragraph (j), which discusses

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restrictions on charging fees when the FOIA's time limits are not met, 
is amended to reflect changes made by the Act. These changes reflect 
that agencies may not charge search fees (or duplication fees for 
representatives of the news media and educational/non-commercial 
scientific institution requesters) when the agency fails to comply with 
the FOIA's time limits. The restriction on charging fees is excused and 
the agency may charge fees as usual when it satisfies one of three 
exceptions as detailed at 5 U.S.C. 552(a)(4)(A)(vii)(II).

Appendices to Part 1202

    These appendices are new and have been added to describe each FHFA 
component. Each appendix provides specific information regarding that 
component to notify the public where to submit a FOIA request for 
records held or maintained at each component and where to file an 
appeal.

V. Regulatory Impacts

Paperwork Reduction Act

    This interim final rule does not contain any information collection 
requirement that requires the approval of OMB under the Paperwork 
Reduction Act (44 U.S.C. 3501 et seq.).

Regulatory Flexibility Act

    The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires that 
a regulation that has a significant economic impact on a substantial 
number of small entities, small businesses, or small organizations must 
include an initial regulatory flexibility analysis describing the 
regulation's impact on small entities. Such an analysis need not be 
undertaken if the agency has certified that the regulation does not 
have a significant economic impact on a substantial number of small 
entities (5 U.S.C. 605(b)). FHFA has considered the impact of this 
interim final rule under the Regulatory Flexibility Act. FHFA certifies 
that the regulation is not likely to have a significant economic impact 
on a substantial number of small business entities because the 
regulation is applicable only to the internal operations and legal 
obligations of FHFA.

List of Subjects in 12 CFR Part 1202

    Appeals, Confidential commercial information, Disclosure, 
Exemptions, Fees, Final action, Freedom of Information Act, Judicial 
review, Records, Requests.

Authority and Issuance

    Accordingly, for the reasons stated in the Preamble, FHFA is 
revising part 1202 of Chapter XII of title 12 of the Code of Federal 
Regulations to read as follows:

PART 1202--FREEDOM OF INFORMATION ACT

Sec.
1202.1 Why did FHFA issue this part?
1202.2 What do the terms in this part mean?
1202.3 What information can I obtain through the FOIA?
1202.4 What information is exempt from disclosure?
1202.5 How do I request information from FHFA under the FOIA?
1202.6 What if my request does not have all the information FHFA 
requires?
1202.7 How will FHFA respond to my FOIA request?
1202.8 If the requested records contain confidential commercial 
information, what procedures will FHFA follow?
1202.9 How do I appeal a response denying my FOIA request?
1202.10 Will FHFA expedite my request or appeal?
1202.11 What will it cost to get the records I requested?
1202.12 Is there anything else I need to know about FOIA procedures?
Appendix A to Part 1202--FHFA Headquarters
Appendix B to Part 1202--FHFA Office of Inspector General

    Authority:  Pub. L. 110-289, 122 Stat. 2654; 5 U.S.C. 301, 552; 
12 U.S.C. 4526; E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., p. 235; 
E.O. 13392, 70 FR 75373-75377, 3 CFR, 2006 Comp., p. 216-200.


Sec.  1202.1  Why did FHFA issue this part?

    The Federal Housing Finance Agency (FHFA) issued this regulation to 
comply with the Freedom of Information Act (FOIA) (5 U.S.C. 552).
    (a) The Freedom of Information Act (FOIA) (5 U.S.C. 552), is a 
Federal law that requires the Federal Government to disclose certain 
Federal Government records to the public.
    (b) This part explains the rules that the FHFA will follow when 
processing and responding to requests for records under the FOIA. It 
also explains what you must do to request records from FHFA under the 
FOIA. You should read this part together with the FOIA, which explains 
in more detail your rights and the records FHFA may release to you.
    (c) If you want to request information about yourself that is 
contained in a system of records maintained by FHFA, you may do so 
under the Privacy Act of 1974, as amended (5 U.S.C. 552a). This is 
considered a first-party or Privacy Act request under the Privacy Act, 
and you must file your request following FHFA's Privacy Act regulation 
at part 1204 of this title. If you file a request for information about 
yourself, FHFA will process your request under both the FOIA and 
Privacy Act in order to give you the greatest degree of access to any 
responsive material.
    (d) Notwithstanding the FOIA and this part, FHFA may routinely 
publish or disclose to the public information without following these 
procedures.


Sec.  1202.2  What do the terms in this part mean?

    Some of the terms you need to understand while reading this 
regulation are--
    Aggregating means combing multiple requests for documents that 
could reasonably have been the subject of a single request and which 
occur within a 30-day period, by a single requester or by a group of 
requesters acting in concert that would otherwise involve unusual 
circumstances.
    Appeals Officer or FOIA Appeals Officer means a person designated 
by FHFA who processes appeals of denied FOIA requests for FHFA records.
    Chief FOIA Officer means the designated high-level official within 
FHFA (FHFA-OIG does not have a separate Chief FOIA Officer) who has 
overall responsibility for the agency's FOIA program and compliance 
with the FOIA.
    Confidential commercial information means records provided to the 
Federal Government by a submitter that contain material exempt from 
release under Exemption 4 of the FOIA, 5 U.S.C. 552(b)(4), because 
disclosure could reasonably be expected to cause substantial 
competitive harm.
    Days, unless stated as ``calendar days,'' are working days and do 
not include Saturdays, Sundays, and Federal holidays. If the last day 
of any period prescribed herein falls on a Saturday, Sunday, or Federal 
holiday, the last day of the period will be the next working day that 
is not a Saturday, Sunday, or Federal holiday.
    Discretionary release means disclosure of records or information 
that would otherwise be exempt from disclosure under the FOIA.
    Direct costs means the expenses, including contract services and 
retrieving documents from the National Archives and Records 
Administration, incurred by FHFA, in searching for, reviewing and/or 
duplicating records to respond to a request for information. In the 
case of a commercial use request, the term also means those 
expenditures FHFA actually incurs in reviewing records to respond to 
the request. Direct costs include the cost of the time of the

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employee performing the work, the cost of any computer searches, and 
the cost of operating duplication equipment. Direct costs do not 
include overhead expenses such as costs of space, and heating or 
lighting the facility in which the records are stored.
    Duplication means reproducing a copy of a record, or of the 
information contained in it, necessary to respond to a FOIA request. 
Copies can take the form of paper, audiovisual materials, or electronic 
records, among others.
    Employee, for the purposes of this regulation, means any person 
holding an appointment to a position of employment with FHFA, or any 
person who formerly held such an appointment; any conservator appointed 
by FHFA; or any agent or independent contractor acting on behalf of 
FHFA, even though the appointment or contract has terminated.
    Fee Waiver means the waiver or reduction of fees if the requester 
can demonstrate that certain statutory standards are met.
    FHFA means each separate component designated by the agency as a 
primary organizational unit that is responsible for processing FOIA 
requests, as specified in Appendices A and B to this part. FHFA has two 
components: Federal Housing Finance Agency Headquarters (FHFA-HQ) and 
FHFA Office of Inspector General (FHFA-OIG).
    FOIA Officer, FOIA Official and Chief FOIA Officer are persons 
designated by FHFA to process and respond to requests for FHFA records 
under the FOIA.
    FOIA Public Liaison is a person designated by FHFA who is 
responsible for assisting requesters with their requests.
    Proactive disclosure means records that are required by the FOIA to 
be made publicly available, as well as additional records identified as 
being of interest to the public that are appropriate for public 
disclosure, and for posting and indexing such records.
    Readily reproducible means that the requested record or records 
exist in electronic format and can be downloaded or transferred intact 
to a computer disk, tape, or another electronic medium with equipment 
and software currently in use by FHFA.
    Record means information or documentary material FHFA maintains in 
any form or format, including electronic, which FHFA--
    (1) Created or received under Federal law or in connection with the 
transaction of public business;
    (2) Preserved or determined is appropriate for preservation as 
evidence of operations or activities of FHFA, or because of the value 
of the information it contains; and
    (3) Controls at the time it receives a request under the FOIA.
    Regulated entities means the Federal Home Loan Mortgage 
Corporation, the Federal National Mortgage Association, and the Federal 
Home Loan Banks.
    Requester means any person seeking access to FHFA records under the 
FOIA. A requester falls into one of three categories for the purpose of 
determining what fees may be charged. The three categories are--
    (1) Commercial--A request that asks for information for a use or a 
purpose that furthers a commercial, trade, or profit interest, which 
can include furthering those interests through litigation. A decision 
to place a requester in the commercial use category will be made on a 
case-by-case basis based on the requester's intended use of the 
information;
    (2) Noncommercial--Three distinct subcategories--
    (i) Educational institution--Any school that operates a program of 
scholarly research. A requester in this fee category must show that the 
request is authorized by, and is made under the auspices of, an 
educational institution and that the records are not sought for a 
commercial use, but rather are sought to further scholarly research. To 
fall with this fee category, the request must serve the scholarly 
research goals of the institution rather than an individual research 
goal. A student who makes a request in furtherance of their coursework 
or other school-sponsored activities and provides a copy of a course 
syllabus or other reasonable documentation to indicate the research 
purpose for the request would qualify as part of this fee category;
    (ii) Noncommercial scientific institution--An institution that is 
not operated on a ``commercial'' basis, as defined in this section and 
that is operated solely for the purpose of conducting scientific 
research the results of which are not intended to promote any 
particular product or industry. A request in this category must show 
that the request is authorized by and is made under the auspices of a 
qualifying institution and that the records are sought to further 
scientific research and are not for a commercial use; or
    (iii) Representative of the news media--Any person or entity that 
publishes or broadcasts news to the public, actively gathers 
information of potential interest to a segment of the public, uses its 
editorial skills to turn the raw materials into distinct work, and 
distributes that work to an audience. The term ``news'' means 
information that is about current events or that would be of current 
interest to the public; and
    (3) Other--All requesters who do not fall within either of the 
preceding two categories.
    Requester Service Centers serve as the primary contacts for a 
requester when the requester has questions, is seeking information 
about how the FOIA works, or to check the status of their request.
    Review means the examination of a record located in response to a 
request in order to determine whether any portion of it is exempt from 
disclosure. Review time includes processing any record for disclosure, 
such as doing all that is necessary to prepare the record for 
disclosure, including the process of redacting the record and marking 
the appropriate exemptions. Review costs are properly charged even if a 
record ultimately is not disclosed. Review time also includes time 
spent both obtaining and considering any formal objection to disclosure 
made by a confidential commercial information submitter under Sec.  
1202.8(f) of this part.
    Search means the process of looking for and retrieving records or 
information responsive to a request, whether manually or by electronic 
means. Search time includes a page-by-page or line-by-line 
identification of information within a record and the reasonable 
efforts expanded to locate and retrieve information from electronic 
records.
    Submitter means any person or entity providing confidential 
information to the Federal Government. The term ``submitter'' includes, 
but is not limited to corporations, state governments, and foreign 
governments.
    Unusual circumstances means the need to--
    (1) Search for and collect records from agencies, offices, 
facilities, or locations that are separate from the office processing 
the request;
    (2) Search for, collect, and appropriately examine a voluminous 
amount of separate and distinct records in order to process a single 
request; or
    (3) Consult with another agency or among two or more components of 
the FHFA that have a substantial interest in the determination of a 
request.


Sec.  1202.3  What information can I obtain through the FOIA?

    (a) General. You may request that FHFA disclose to you its records 
on a subject of interest to you. The FOIA only requires the disclosure 
of records. It does not require FHFA to create compilations of 
information or to

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provide narrative responses to questions or queries.
    (b) Proactive disclosure. FHFA will make available for public 
inspection and copying in its electronic reading room the following 
records:
    (1) Final opinions or orders made in the adjudication of cases;
    (2) Statements of policy and interpretation adopted by FHFA that 
are not published in the Federal Register;
    (3) Administrative staff manuals and instructions to staff that 
affect a member of the public and are not exempt from disclosure under 
the FOIA;
    (4) Copies of all records, regardless of form or format, that have 
been released to any person under 5 U.S.C. 552(a)(3), that because of 
the nature of their subject matter, FHFA determines have become or are 
likely to become the subject of subsequent requests for substantially 
the same records, or that have been requested 3 or more times; and
    (5) A general index of the records referred to in paragraph (b)(4) 
of this section.
    (c) Reading rooms. FHFA maintains an electronic reading room. FHFA 
will ensure that its reading room is reviewed and updated on an ongoing 
basis. See the Appendices to this part for location and contact 
information for FHFA-HQ and FHFA-OIG respective reading rooms.


Sec.  1202.4  What information is exempt from disclosure?

    (a) General. Unless the Director of FHFA or his or her designee, or 
any regulation or statute specifically authorizes disclosure, FHFA will 
not release records if it reasonably foresees that disclosure would 
harm an interest protected by one or more of the following--
    (1) Specifically authorized under criteria established by an 
Executive Order to be kept secret in the interest of national defense 
or foreign policy, and in fact is properly classified pursuant to such 
Executive Order;
    (2) Related solely to FHFA's internal personnel rules and 
practices;
    (3) Specifically exempted from disclosure by statute (other than 5 
U.S.C. 552a), provided that such statute--
    (i) Requires that the matters be withheld from the public in such a 
manner as to leave no discretion on the issue, or
    (ii) Establishes particular criteria for withholding or refers to 
particular types of matters to be withheld;
    (4) Trade secrets and commercial or financial information obtained 
from a person and privileged or confidential;
    (5) Contained in inter-agency or intra-agency memoranda or letters 
that would not be available by law to a private party in litigation 
with FHFA; provided that the deliberative process privilege shall not 
apply to records created 25 years or more before the date on which the 
records were requested.
    (6) Contained in personnel, medical or similar files (including 
financial files) the disclosure of which would constitute a clearly 
unwarranted invasion of personal privacy;
    (7) Compiled for law enforcement purposes, but only to the extent 
that the production of such law enforcement records or information--
    (i) Could reasonably be expected to interfere with enforcement 
proceedings;
    (ii) Would deprive a person of a right to fair trial or an 
impartial adjudication;
    (iii) Could reasonably be expected to constitute an unwarranted 
invasion of personal privacy;
    (iv) Could reasonably be expected to disclose the identity of a 
confidential source, including a State, local, or foreign agency or 
authority or any private institution or an entity that is regulated and 
examined by FHFA that furnished information on a confidential basis, 
and, in the case of a record compiled by a criminal law enforcement 
authority in the course of a criminal investigation or by an agency 
conducting a lawful national security intelligence investigation, 
information furnished by a confidential source;
    (v) Would disclose techniques and procedures for law enforcement 
investigations or prosecutions, or would disclose guidelines for law 
enforcement investigations or prosecutions if such disclosure could 
reasonably be expected to risk circumvention of the law; or
    (vi) Could reasonably be expected to endanger the life or physical 
safety of any individual.
    (8) Contained in or related to examination, operating, or condition 
reports that are prepared by, on behalf of, or for the use of an agency 
responsible for the regulation or supervision of financial 
institutions; or
    (9) Geological and geophysical information and data, including 
maps, concerning wells.
    (b) Discretion to apply exemptions. Although records or parts of 
records may be exempt from disclosure, FHFA may elect under the 
circumstances of any particular request not to apply an exemption. This 
election does not generally waive the exemption and it does not have 
precedential effect. FHFA may still apply an exemption to any other 
records or portions of records, regardless of when the request is 
received.
    (c) Redacted portion. If a requested record contains exempt 
information and information that can be disclosed and the portions can 
reasonably be segregated from each other, the disclosable portion of 
the record will be released to the requester after FHFA deletes the 
exempt portions. If it is technically feasible, FHFA will indicate the 
amount of the information deleted at the place in the record where the 
deletion is made and include a notation identifying the exemption that 
was applied, unless including that indication would harm an interest 
protected by an exemption.
    (d) Exempt and redacted material. FHFA is not required to provide 
an itemized index correlating each withheld document (or redacted 
portion) with a specific exemption justification.
    (e) Disclosure to Congress. This section does not allow FHFA to 
withhold any information from, or to prohibit the disclosure of any 
information to, Congress or any Congressional committee or 
subcommittee.


Sec.  1202.5  How do I request information from FHFA under the FOIA?

    (a) Where to send your request. FHFA has a decentralized system for 
processing FOIA requests, made up of two components. To make a request 
for FHFA records, the FOIA request must be in writing. A requester must 
write directly to the FOIA office of the component that maintains the 
records being sought. The Appendices to this part contain the 
respective location and contact information for submitting a FOIA 
request for each FHFA component.
    (b) Provide your name and address. Your request must include your 
full name, your address and, if different, the address at which the 
component is to notify you about your request, a telephone number at 
which you can be reached during normal business hours, and an 
electronic mail address, if any.
    (c) Request is under the FOIA. Your request must have a statement 
identifying it as being made under the FOIA.
    (d) Your FOIA status. Your request should include a statement 
specifically identifying your status as a ``commercial use'' requester, 
an ``educational institution'' requester, a ``non-commercial scientific 
institution'' requester, or a ``representative of the news media'' for 
the purposes of the fee provisions of the FOIA.
    (e) Describing the records you request. You must describe the 
records that you seek in enough detail to enable FHFA to

[[Page 13748]]

search for and locate the records with a reasonable amount of effort. 
Your request must include as much specific information as possible that 
you know about each record in your request, such as the date, title, 
name, author, recipient, subject matter, file designations, or the 
description of the record.
    (f) How you want the records produced to you. Your request must 
state in what form or format you want FHFA to furnish the releasable 
records, e.g., hardcopy, electronic, etc.
    (g) Agreement to pay fees. In your FOIA request you must agree to 
pay all applicable fees charged under Sec.  1202.11 of this part, up to 
$100.00, unless you seek a fee waiver. When making a request, you may 
specify a higher or lower amount you will pay without consultation. 
Your inability to pay a fee does not justify granting a fee waiver. The 
fact that FHFA withholds all responsive documents or does not locate 
any documents responsive to your request, does not mean that you are 
not responsible for paying applicable fees. Your FOIA request will not 
be considered received by FHFA until your fee agreement, in writing, is 
received.
    (h) Valid requests. FHFA will only process valid requests. A valid 
request must meet all the requirements of this part.


 Sec.  1202.6  What if my request does not have all the information 
FHFA requires?

    If FHFA determines that your request does not reasonably describe 
the records you seek, is overly broad, unduly burdensome to process, 
cannot yet be processed for reasons related to fees, or lacks required 
information, you will be informed in writing why your request cannot be 
processed. You will be given 15 calendar days to modify your request to 
meet all requirements. This request for additional information tolls 
the time period for FHFA to respond to your request under Sec.  1202.7 
of this part.
    (a) If you respond with all the necessary information, FHFA will 
process this response as a new request and the time period for FHFA to 
respond to your request will start from the date the additional 
information is actually received by FHFA.
    (b) If you do not respond or provide additional information within 
the time allowed, or if the additional information you provide is still 
incomplete or insufficient, FHFA will consider your request withdrawn 
and will notify you that it will not be processed.


Sec.  1202.7  How will FHFA respond to my FOIA request?

    (a) Authority to grant or deny requests. The FOIA Officer, FOIA 
Official, and the Chief FOIA Officer are authorized to grant or deny 
any request for FHFA records.
    (b) Designated standard ``cut-off'' date for searches. In 
determining which records are responsive to a request, FHFA will 
include only records in its possession as of the date the FOIA request 
is received.
    (c) Multi-Track request processing. FHFA uses a multi-track system 
to process FOIA requests. This means that a FOIA request is processed 
based on its complexity. When FHFA receives your request, it is 
assigned to a Standard Track or Complex Track. FHFA will notify you if 
your request is assigned to the Complex Track as described in paragraph 
(g) of this section.
    (1) Standard Track. FHFA assigns FOIA requests that are routine and 
require little or no search time, review, or analysis to the Standard 
Track. FHFA responds to these requests in the order in which they are 
received and normally responds within 20 days after receipt. If FHFA 
determines while processing your Standard Track request, that it is 
more appropriately a Complex Track request, it will be reassigned to 
the Complex Track and you will be notified as described in paragraph 
(g) of this section.
    (2) Complex Track. (i) FHFA assigns requests that are non-routine 
to the Complex Track. Complex Track requests are those to which FHFA 
determines that the request and/or response may--
    (A) Be voluminous;
    (B) Involve two or more FHFA components or units;
    (C) Require consultation with other agencies or entities;
    (D) Require searches of archived documents;
    (E) Seek confidential commercial information as described in Sec.  
1202.8 of this part;
    (F) Require an unusually high level of effort to search for, review 
and/or duplicate records; or
    (G) Cause undue disruption to the day-to-day activities of FHFA in 
regulating and supervising the regulated entities or in carrying out 
its statutory responsibilities.
    (ii) FHFA will respond to Complex Track requests as soon as 
reasonably possible, regardless of the date of receipt.
    (d) Referrals to other agencies. If you submit a FOIA request that 
seeks records originating in another Federal Government agency, FHFA 
will refer your request or a portion of your request, as applicable, to 
the other agency for response. FHFA will provide you notice of the 
referral, what portion of the request was referred, and the name of the 
other agency and relevant contact information.
    (e) Responses to FOIA requests. FHFA will respond to your request 
by granting or denying it in full, or by granting and denying it in 
part. The response will be in writing. In determining which records are 
responsive to your request, FHFA will conduct a search for records in 
its possession as of the date of your request.
    (1) Requests that are granted. If FHFA grants your request, the 
response will include the requested records or details about how FHFA 
will provide them to you and the amount of any fees charged.
    (2) Requests that are denied, or granted and denied in part. If 
FHFA denies your request in whole or in part because a requested record 
does not exist or cannot be located, is not readily reproducible in the 
form or format you sought, is not subject to the FOIA, or is exempt 
from disclosure, the written response will include the requested 
releasable records, if any, the amount of any fees charged, the reasons 
for denial, and a notice and description of your right to file an 
administrative appeal under Sec.  1202.9 of this part.
    (f) Format and delivery of disclosed records. If FHFA grants, in 
whole or in part, your request for disclosure of records under the 
FOIA, the records may be made available to you in the form or format 
you requested, if they are readily reproducible in that form or format. 
The records will be sent to the address you provided by regular U.S. 
mail or by electronic mail unless alternate arrangements are made by 
mutual agreement, such as your agreement to pay express or expedited 
delivery service fees, or to pick up records at FHFA offices.
    (g) Extensions of time. (1) In unusual circumstances, FHFA may 
extend the Standard Track time limit in paragraph (c)(1) of this 
section for no more than 10 days and notify you of--
    (i) The reason for the extension; and
    (ii) The date on which the determination is expected.
    (2) For requests in the Complex Track, FHFA will make available its 
FOIA Public Liaison or other FOIA contact to assist you in modifying or 
reformulating your request so that it may be processed on the Standard 
Track. If the request cannot be modified or reformulated to permit 
processing on the Standard Track, FHFA will notify you regarding an 
alternative time period for processing the request.

[[Page 13749]]

    (3) For the purpose of satisfying unusual circumstances under the 
FOIA, FHFA may aggregate requests in cases where it reasonably appears 
that multiple requests, submitted either by a requester or by a group 
of requesters acting in concert, constitute a single request that would 
otherwise involve unusual circumstances. FHFA will not aggregate 
multiple requests that involve unrelated matters.


Sec.  1202.8  If the requested records contain confidential commercial 
information, what procedures will FHFA follow?

    (a) General. FHFA will not disclose confidential commercial 
information in response to your FOIA request except as described in 
this section.
    (b) Designation of confidential commercial information. Submitters 
of commercial information must use good-faith efforts to designate, by 
appropriate markings or written request, either at the time of 
submission or at a reasonable time thereafter, those portions of the 
information they deem to be protected under 5 U.S.C. 552(b)(4) and 
Sec.  1202.4(a)(4) of this part. Any such designation will expire 10 
years after the records are submitted to the Federal Government, unless 
the submitter requests, and provides reasonable justification for a 
designation period of longer duration.
    (c) Pre-Disclosure Notification. Except as provided in paragraph 
(e) of this section, if your FOIA request encompasses confidential 
commercial information, FHFA will, prior to disclosure of the 
information and to the extent permitted by law, provide prompt written 
notice to a submitter that confidential commercial information was 
requested when--
    (1) The submitter has in good faith designated the information as 
confidential commercial information protected from disclosure under 5 
U.S.C. 552(b)(4) and Sec.  1202.4(a)(4) of this part; or
    (2) FHFA has reason to believe that the request seeks confidential 
commercial information, the disclosure of which may result in 
substantial competitive harm to the submitter.
    (d) Content of Pre-Disclosure Notification. When FHFA sends a Pre-
Disclosure Notification to a submitter, it will contain--
    (1) A description of the confidential commercial information 
requested or copies of the records or portions thereof containing the 
confidential business information; and
    (2) An opportunity to object to disclosure within 10 days or such 
other time period that FHFA may allow by providing to FHFA a detailed 
written statement demonstrating all reasons the submitter opposes 
disclosure.
    (e) Exceptions to Pre-Disclosure Notification. FHFA is not required 
to send a Pre-Disclosure Notification if--
    (1) FHFA determines that information should not be disclosed;
    (2) The information has been published lawfully or has been made 
officially available to the public;
    (3) Disclosure of the information is required by law, other than 
the FOIA;
    (4) The information requested is not designated by the submitter as 
confidential commercial information pursuant to this section; or
    (5) The submitter's designation, under paragraph (b) of this 
section, appears on its face to be frivolous; except that FHFA will 
provide the submitter with written notice of any final decision to 
disclose the designated confidential commercial information within a 
reasonable number of days prior to a specified disclosure date.
    (f) Submitter's objection to disclosure. A submitter may object to 
disclosure within 10 days after the date of the Pre-Disclosure 
Notification, or such other time period that FHFA may allow, by 
delivering to FHFA a written statement demonstrating all grounds on 
which it opposes disclosure, and all reasons supporting its contention 
that the information should not be disclosed. The submitter's objection 
must contain a certification by the submitter, or an officer or 
authorized representative of the submitter, that the grounds and 
reasons presented are true and correct to the best of the submitter's 
knowledge. The submitter's objection may itself be subject to 
disclosure under the FOIA.
    (g) Notice of Intent to disclose information. FHFA will carefully 
consider all grounds and reasons provided by a submitter objecting to 
disclosure. If FHFA decides to disclose the information over the 
submitter's objection, the submitter will be provided with a written 
Notice of Intent to disclose at least 10 days before the date of 
disclosure. The written Notice of Intent will contain--
    (1) A statement of the reasons why the information will be 
disclosed;
    (2) A description of the information to be disclosed; and
    (3) A specific disclosure date.
    (h) Notice to requester. FHFA will give a requester whose request 
encompasses confidential commercial information--
    (1) A written notice that the request encompasses confidential 
commercial information that may be exempt from disclosure under 5 
U.S.C. 552(b)(4) and Sec.  1202.4(a)(4) of this part and that the 
submitter of the information has been given a Pre-Disclosure 
Notification with the opportunity to comment on the proposed disclosure 
of the information; and
    (2) A written notice that a Notice of Intent to disclose has been 
provided to the submitter, and that the submitter has 10 days, or such 
other time period that FHFA may allow, to respond.
    (i) Notice of FOIA lawsuit. FHFA will promptly notify the submitter 
whenever a requester files suit seeking to compel disclosure of the 
submitter's confidential commercial information. FHFA will promptly 
notify the requester whenever a submitter files suit seeking to prevent 
disclosure of information.


Sec.  1202.9  How do I appeal a response denying my FOIA request?

    (a) Right of appeal. If FHFA denied your request in whole or in 
part, you may appeal the denial by writing directly to the appropriate 
FHFA component specified in the Appendices to this part.
    (b) Timing, form, content, and receipt of an appeal. Your written 
appeal must be postmarked or submitted within 90 calendar days of the 
date of the decision by FHFA denying, in whole or in part, your 
request. Your appeal must include a copy of the initial request, a copy 
of the letter denying the request in whole or in part, and a statement 
of the circumstances, reasons, or arguments you believe support 
disclosure of the requested record(s). FHFA will not consider an 
improperly addressed appeal to have been received for the purposes of 
the 20-day time period of paragraph (d) of this section until it is 
actually received by the correct FHFA component.
    (c) Extensions of time to appeal. If you need more time to file 
your appeal, you may request, in writing, an extension of time of no 
more than 10 calendar days in which to file your appeal, but only if 
your request is made within the original 90-calendar day time period 
for filing the appeal. Granting such an extension is in the sole 
discretion of the designated component Appeals Officer.
    (d) Final action on appeal. FHFA's determination on your appeal 
will be in writing, signed by the designated component Appeals Officer, 
and sent to you within 20 days after the appeal is received, or by the 
last day of the last extension under paragraph (e) of this section. The 
determination of an appeal is the final action of FHFA on a FOIA 
request. A determination may--
    (1) Affirm, in whole or in part, the initial denial of the request 
and may include a brief statement of the reason

[[Page 13750]]

or reasons for the decision, including each FOIA exemption relied upon;
    (2) Reverse, in whole or in part, the denial of a request in whole 
or in part, and require the request to be processed promptly in 
accordance with the decision; or
    (3) Remand a request to FHFA, as appropriate, for re-processing.
    (e) Notice of delayed determinations on appeal. If FHFA cannot send 
a final determination on your appeal within the 20-day time limit, the 
designated component Appeals Officer will continue to process the 
appeal and upon expiration of the time limit, will inform you of the 
reason(s) for the delay and the date on which a determination may be 
expected. In this notice of delay, the appropriate FHFA component 
Appeals Officer may request that you forebear seeking judicial review 
until a final determination is made.
    (f) Judicial review. If the denial of your request for records is 
upheld in whole or in part, or if a determination on your appeal has 
not been sent at the end of the 20-day period in paragraph (d) of this 
section, or the last extension thereof, you may seek judicial review 
under 5 U.S.C. 552(a)(4). Before seeking review by a court of FHFA's 
adverse determination, a requester generally must first submit a timely 
administrative appeal.
    (g) Additional resource. To aid the requester, the FOIA Public 
Liaison is available and will assist in the resolution of any disputes. 
Also, the National Archives and Records Administration (NARA), Office 
of Government Information Services (OGIS) offers non-compulsory, non-
binding mediation services to resolve FOIA disputes. If you need 
information regarding the OGIS and/or the services it offers, please 
contact OGIS directly at Office of Government Information Services, 
National Archives and Records Administration, 8601 Adelphi Road-OGIS, 
College Park, MD 20740-6001; email: ogis@nara.gov; phone: (202) 741-
5770; toll-free: 1-(877) 684-6448; or facsimile at (202) 741-5769. This 
information is provided as a public service only. By providing this 
information, FHFA does not commit to refer disputes to OGIS, or to 
defer to OGIS' mediation decisions in particular cases.


Sec.  1202.10  Will FHFA expedite my request or appeal?

    (a) Request for expedited processing. You may request, in writing, 
expedited processing of an initial request or of an appeal. FHFA may 
grant expedited processing, and give your request or appeal priority if 
your request for expedited processing demonstrates a compelling need by 
establishing one or more of the following--
    (1) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (2) An urgency to inform the public about an actual or alleged 
Federal Government activity if you are a person primarily engaged in 
disseminating information;
    (3) The loss of substantial due process or rights;
    (4) A matter of widespread and exceptional media interest in which 
there exists possible questions about the Federal Government's 
integrity, affecting public confidence; or
    (5) Humanitarian need.
    (b) Certification of compelling need. Your request for expedited 
processing must include a statement certifying that the reason(s) you 
present demonstrate a compelling need are true and correct to the best 
of your knowledge.
    (c) Determination on request. FHFA will notify you within 10 days 
of receipt of your request whether expedited processing has been 
granted. If a request for expedited treatment is granted, the request 
will be given priority and will be processed as soon as practicable. If 
a request for expedited processing is denied, any appeal of that 
decision under Sec.  1202.9 of this part will be acted on 
expeditiously.


Sec.  1202.11  What will it cost to get the records I requested?

    (a) Assessment of fees, generally. FHFA will assess you for fees 
covering the direct costs of responding to your request and costs for 
duplicating records, except as otherwise provided in a statute with 
respect to the determination of fees that may be assessed for 
disclosure, search time, or review of particular records.
    (b) Assessment of fees, categories of requesters. The fees that 
FHFA may assess vary depending on the type of request or the type of 
requester you are--
    (1) Commercial use. If you request records for a commercial use, 
the fees that FHFA may assess are limited to FHFA's operating costs 
incurred for document search, review, and duplication.
    (2) Educational institution, noncommercial scientific institution, 
or representative of the news media. If you are not requesting records 
for commercial use and you are an educational institution or a 
noncommercial scientific institution, whose purpose is scholarly or 
scientific research, or a representative of the news media, the fees 
that may be assessed are limited to standard reasonable charges for 
duplication in excess of 100 pages or an electronic equivalent of 100 
pages.
    (3) Other. If neither paragraph (b)(1) nor paragraph (b)(2) of this 
section applies, the fees assessed are limited to the costs for 
document searching in excess of two hours and duplication in excess of 
100 pages, or an electronic equivalent of 100 pages.
    (c) Fee schedule. FHFA will charge fees for processing requests 
under the FOIA in accordance with the provisions of this section and 
OMB guidelines (basic pay plus 16 percent). There are three different 
groups of grades typically involved in processing FOIA requests: 
Personnel in grades EL-6 to EL-9; personnel in grades EL-10 to EL-13; 
and personnel EL-14 and above. FHFA's Web site, www.fhfa.gov, will 
contain current rates for search and review fees for each group. The 
rates will be updated as salaries change and will be determined by 
using the formula in this regulation. The formula is the sum of the 
mid-point of each grade divided by the number of grades in each 
category divided by 2088 and then multiplied by 1.16.\1\ Fees for 
searches of computerized records are based on the actual cost to FHFA. 
For requests that require the retrieval of records stored by FHFA at a 
Federal records center operated by the National Archives and Records 
Administration, FHFA will charge additional costs in accordance with 
the Transaction Billing Rate Schedule established by NARA.
---------------------------------------------------------------------------

    \1\ Example of the rate formula is as follows: For 2016, EL-6 to 
EL-9 is [($55,769 + $63,554 + $71,816 + $81,152)/4][1/2088 hours per 
year][1.16 OMB markup factor] = $37.82 per hour.
---------------------------------------------------------------------------

    (d) Notice of anticipated fees in excess of $100.00. When FHFA 
determines or estimates that the fees chargeable to you will exceed 
$100.00, you will be notified of the actual or estimated amount of fees 
you will incur, unless you earlier indicated your willingness to pay 
fees as high as those anticipated. When you are notified that the 
actual or estimated fees exceed $100.00, your request will be tolled 
until you agree to pay, in writing, the anticipated total fee.
    (e) Advance payment of fees. FHFA may request that you pay 
estimated fees or a deposit in advance of responding to your request. 
If FHFA requests advance payment or a deposit, your request will not be 
considered received by FHFA until the advance payment or deposit is 
received. FHFA will request advance payment or a deposit if--
    (1) The fees are likely to exceed $500.00. FHFA will notify you of 
the

[[Page 13751]]

likely cost and obtain from you satisfactory assurance of full payment 
if you have a history of prompt payment of FOIA fees to FHFA;
    (2) You do not have a history of payment, or if the estimate of 
fees exceeds $1,000.00, FHFA may require an advance payment of fees in 
an amount up to the full estimated charge that will be incurred;
    (3) You previously failed to pay a fee to FHFA in a timely fashion, 
i.e., within 30 calendar days of the date of a billing, FHFA may 
require you to make advance payment of the full amount of the fees 
anticipated before processing a new request or finishing processing of 
a pending request; or
    (4) You have an outstanding balance due from a prior request. FHFA 
may require you to pay the full amount owed plus any applicable 
interest, as provided in paragraph (f) of this section, or demonstrate 
that the fee owed has been paid, as well as payment of the full amount 
of anticipated fees before processing your request.
    (f) Interest. FHFA may charge you interest on an unpaid bill 
starting on the 31st calendar day following the day on which the bill 
was sent. Once a fee payment has been received by FHFA, even if not 
processed, FHFA will stay the accrual of interest. Interest charges 
will be assessed at the rate prescribed by 31 U.S.C. 3717 and will 
accrue from the date of the billing.
    (g) FHFA assistance to reduce costs. If FHFA notifies you of 
estimated fees exceeding $100.00 or requests advance payment or a 
deposit, you will have an opportunity to consult with FHFA FOIA staff 
to modify or reformulate your request to meet your needs at a lower 
cost.
    (h) Fee waiver requests. You may request a fee waiver in accordance 
with the FOIA and this regulation. Requests for a waiver of fees should 
be made at the time you submit your FOIA request. FHFA may grant your 
fee waiver request if disclosure of the information is in the public 
interest because it is likely to contribute significantly to public 
understanding of the operations or activities of the Federal Government 
and is not primarily in the commercial interest of the requester. In 
submitting a fee waiver request, you must address the following six 
factors--
    (1) Whether the subject of the requested records concerns the 
operations or activities of the Federal Government;
    (2) Whether the disclosure is likely to contribute to an 
understanding of Federal Government operations or activities;
    (3) Whether disclosure of the requested information will contribute 
to public understanding;
    (4) Whether the disclosure is likely to contribute significantly to 
public understanding of Federal Government operations or activities;
    (5) Whether the requester has a commercial interest that would be 
furthered by the requested disclosure; and
    (6) Whether the magnitude of the identified commercial interest of 
the requester is sufficiently large, in comparison with the public 
interest in disclosure, that disclosure is primarily in the commercial 
interest of the requester.
    (i) Fee Waiver determination. FHFA will notify you within 20 days 
of receipt of your request whether the fee waiver has been granted. A 
request for fee waiver that is denied may only be appealed when a final 
decision has been made on the initial FOIA request.
    (j) Restrictions on charging fees. If FHFA fails to comply with the 
time limits in which to respond to a request, and if no unusual or 
exceptional circumstances, as those terms are defined by the FOIA, 
apply to the processing of the request, FHFA may not charge search 
fees, or in the instance of requests from requesters described in 
paragraph (b)(2) of this section, may not charge duplication fees. See 
5 U.S.C. 552(a)(4)(A)(viii).
    (k) The FOIA Public Liaison or other FOIA contact is available to 
assist any requester in modifying or reformulating a request to meet 
the requester's needs at a lower cost.


Sec.  1202.12  Is there anything else I need to know about FOIA 
procedures?

    This FOIA regulation does not and shall not be construed to create 
any right or to entitle any person, as of right, to any service or to 
the disclosure of any record to which such person is not entitled under 
the FOIA. This regulation only provides procedures for requesting 
records under the FOIA.

Appendix A to Part 1202--FHFA Headquarters

    1. This Appendix applies to the Federal Housing Finance Agency's 
Headquarters Office.
    2. Reading room. FHFA Headquarters maintains an electronic 
reading room. The electronic reading room is located at https://www.fhfa.gov/AboutUs/FOIAPrivacy/Pages/Reading-Room.aspx.
    3. Where to send your request. You may make a request for FHFA 
Headquarters records by writing directly to the FOIA Office through 
electronic mail, U.S. mail, delivery service, or facsimile. The 
electronic mail address is: foia@fhfa.gov. For U.S. mail or delivery 
service, the mailing address is: FOIA Officer, Federal Housing 
Finance Agency, 400 Seventh Street SW., Eighth Floor, Washington, DC 
20219. The facsimile number is: (202) 649-1073. When submitting your 
request, please mark electronic mail, letters, or facsimiles and the 
subject line, envelope, or facsimile cover sheet with ``FOIA 
Request.'' FHFA's ``Freedom of Information Act Reference Guide,'' 
which is available on FHFA's Web site, provides additional 
information to assist you in making your request, https://www.fhfa.gov/AboutUs/FOIAPrivacy/Pages/FOIA-Reference-Guide.aspx.
    4. Right of appeal. If FHFA Headquarters denied your request in 
whole or in part, you may appeal the denial by writing directly to 
the FOIA Appeals Officer through electronic mail, U.S. mail, 
delivery service, or facsimile. The electronic mail address is: 
foia@fhfa.gov. For U.S. mail or delivery service, the mailing 
address is: FOIA Appeals Officer, Federal Housing Finance Agency, 
400 Seventh Street SW., Eighth Floor, Washington, DC 20219. The 
facsimile number is: (202) 649-1073. When submitting your appeal, 
please mark electronic mail, letters, or facsimiles and the subject 
line, envelope, or facsimile cover sheet with ``FOIA Appeal.'' 
FHFA's ``Freedom of Information Act Reference Guide,'' which is 
available on FHFA's Web site, provides additional information to 
assist you in making your appeal, https://www.fhfa.gov/AboutUs/FOIAPrivacy/Pages/FOIA-Reference-Guide.aspx.

Appendix B to Part 1202--FHFA Office of Inspector General

    This Appendix applies to the Federal Housing Finance Agency's 
Office of Inspector General (FHFA-OIG).
    1. Contact information for FOIA Officer. You may contact the 
FOIA Officer at (202) 730-0399 or by email at FOIA@fhfaoig.gov. 
Hearing impaired users may utilize the Federal Relay Service 
(external link) by dialing 1(800) 877-8339. A Communications 
Assistant will dial the requested number and relay the conversation 
between a standard (voice) telephone user and text telephone (TTY).
    2. Information about the FHFA-OIG FOIA process. You may find 
information about the FHFA-OIG FOIA process at https://www.fhfaoig.gov/FOIA.
    3. Reading room. FHFA-OIG maintains an electronic reading room. 
The electronic reading room is located at https://www.fhfaoig.gov/FOIA/ReadingRoom.
    4. Where to send your request. You may make a request for FHFA-
OIG records by writing directly to the FOIA Office through 
electronic mail, U.S. mail, delivery service, or facsimile. The 
electronic mail address is: FOIA@fhfaoig.gov. For U.S. mail or 
delivery service, the mailing address is: Federal Housing Finance 
Agency Office of Inspector General, 400 Seventh Street SW., Third 
Floor, Washington, DC 20219, ATTN: Office of Inspector General--FOIA 
Officer. The facsimile number is: (202) 318-8602. When submitting 
your request, please mark electronic mail, letters, or facsimiles 
and the subject line, envelope, or facsimile cover sheet with ``FOIA 
Request.''

[[Page 13752]]

    5. Right of appeal. If FHFA-OIG denies your request in whole or 
in part, you may appeal the denial by writing directly to the FOIA 
Officer through electronic mail, U.S. mail, delivery service, or 
facsimile. The electronic mail address is: FOIA@fhfaoig.gov. For 
U.S. mail or delivery service, the mailing address is: Federal 
Housing Finance Agency, Office of Inspector General, 400 Seventh 
Street SW., Third Floor, Washington, DC 20219, ATTN: Office of 
Inspector General--FOIA Officer. The facsimile number is: (202) 318-
8602. When submitting your appeal, please mark electronic mail, 
letters, or facsimiles and the subject line, envelope, or facsimile 
cover sheet with ``FOIA Appeal.''

    Dated: March 7, 2017.
Melvin L. Watt,
Director, Federal Housing Finance Agency.
[FR Doc. 2017-04910 Filed 3-14-17; 8:45 am]
 BILLING CODE 8070-01-P