12 C.F.R. § 261.13

Responses to requests

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(a) When the Board receives a perfected request, it will conduct a reasonable search of Board records in its possession on the date the Board's search begins and will review any responsive information it locates.

(b) If a request covers documents that were created by, obtained from, or classified by another agency, the Board may refer the request for such documents to that agency for a response and inform the requester promptly of the referral.

(1) The Board reasonably foresees that disclosure would harm an interest protected by an exemption described in § 261.15(a); or

(2) Disclosure is prohibited by law.

(d) The Board will take reasonable steps necessary to segregate and release nonexempt information.

(e) The Board will notify the requester of:

(1) The Board's determination of the request;

(2) The reasons for the determination;

(3) An estimate of the amount of information withheld, if any. An estimate is not required if the amount of information is otherwise indicated by deletions marked on records that are disclosed in part or if providing an estimate would harm an interest protected by an applicable exemption;

(4) The right of the requester to seek assistance from the Board's FOIA Public Liaison; and

(5) When an adverse determination is made, the Board will advise the requester in writing of that determination and will further advise the requester of:

(i) The right of the requester to appeal any adverse determination within 90 calendar days after the date of the determination as specified in § 261.14;

(ii) The right of the requester to seek dispute resolution services from the Board's FOIA Public Liaison or the Office of Government Information Services; and

(iii) The name and title or position of the person responsible for the adverse determination.

(f) Adverse determinations, or denials of requests, include decisions that the requested record is exempt, in whole or in part; the request does not reasonably describe the records sought; the information requested is not a record subject to the FOIA; the requested record does not exist, cannot be located, or has been destroyed; or the requested record is not readily reproducible in the form or format sought by the requester. Adverse determinations also include denials involving fees or fee waiver matters or denials of requests for expedited treatment.

(g) The Board will normally send responsive, nonexempt documents to the requester by email but may use other means as arranged between the Board and the requester or as determined by the Board. The Board will attempt to provide records in the format requested by the requester.

Notes of Decisions

Cited in 3 cases, 1994–1998 · leading case: In Re Bankers Trust Co., 61 F.3d 465 (6th Cir. 1995).

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In Re Bankers Trust Co., 61 F.3d 465 (6th Cir. 1995). · cites it 3× “12 C.F.R. § 261.13 (b). The general counsel may then approve the request if: 1) the person making the request has shown a substantial need for confidential supervisory information that outweighs the need to maintain confidentiality; and 2) disclosure is consistent with the…”

Nat'l Union Fire Ins. Co. of Pittsburgh v. Midland Bancor, Inc., 159 F.R.D. 562 (D. Kan. 1994). “See 12 C.F.R. §§ 261.13 and 309.6(c)(7). When the party seeking documents has not completed the proper procedures, “it is unnecessary for the Court to pursue a balancing test to determine if the information sought is confidential or privileged and whether or not such information…”

In re the Est. of Saxton, 176 Misc. 2d 724 (N.Y. Sur. Ct. 1998). · cites it 2× “The trustee refused to turn over the bank examiner reports claiming it was barred from doing so by both the Superintendent of Banks of New York and the Federal Reserve Board and their respective regulatory powers (see, Banking Law § 36 [10]; 12 CFR 261.13, 261.22). Specifically…”

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