12 CFR 1202.7 - How will FHFA and FHFA-OIG respond to my FOIA request?

§ 1202.7 How will FHFA and FHFA-OIG respond to my FOIA request?
(a) Authority to grant or deny requests. The FOIA Officer and the Chief FOIA Officer are authorized to grant or deny any request for FHFA records. For FHFA-OIG records, the designated FHFA-OIG FOIA Official is authorized to grant or deny any request for FHFA-OIG records.
(b) Multi-Track request processing. FHFA and FHFA-OIG use a multi-track system to process FOIA requests. This means that a FOIA request is processed based on its complexity. When FHFA or FHFA-OIG receives your request, it is assigned to a Standard Track or Complex Track. FHFA or FHFA-OIG will notify you if your request is assigned to the Complex Track as described in paragraph (f) of this section.
(1) Standard Track. FHFA and FHFA-OIG assign FOIA requests that are routine and require little or no search time, review, or analysis to the Standard Track. FHFA and FHFA-OIG respond to these requests within 20 days after receipt, in the order in which they are received. If FHFA or FHFA-OIG 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 (f) of this section.
(2) Complex Track.—
(i) FHFA and FHFA-OIG assign requests that are non-routine to the Complex Track. Complex Track requests are those to which FHFA or FHFA-OIG determines that the request and/or response may—
(A) Be voluminous;
(B) Involve two or more FHFA or FHFA-OIG units;
(C) Require consultation with other agencies or entities;
(D) Require searches of archived documents;
(E) Seek confidential commercial information as described in § 1202.8;
(F) Require an unusually high level of effort to search for, review and/or duplicate records;
(G) Cause undue disruption to the day-to-day activities of FHFA in regulating and supervising the regulated entities; or
(H) Cause undue disruption to the day-to-day activities of FHFA-OIG in carrying out its statutory responsibilities.
(ii) FHFA or FHFA-OIG will respond to Complex Track requests as soon as reasonably possible, regardless of the date of receipt.
(c) Referrals to other agencies. If you submit a FOIA request that seeks records originating in another Federal Government agency, FHFA or FHFA-OIG will refer your request or a portion of your request, as applicable, to the other agency for response. FHFA or FHFA-OIG will provide you notice of the referral, what portion of the request was referred, and the name of the other agency and contact information.
(d) Responses to FOIA requests. FHFA or FHFA-OIG 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 and FHFA-OIG will conduct searches for records FHFA or FHFA-OIG possesses as of the date of your request.
(1) Requests that FHFA or FHFA-OIG grants. If FHFA or FHFA-OIG grants your request, the response will include the requested records or details about how FHFA or FHFA-OIG will provide them to you and the amount of any fees charged.
(2) Requests that FHFA or FHFA-OIG denies, or grants and denies in part. If FHFA or FHFA-OIG 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 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 § 1202.9.
(e) Format and delivery of disclosed records. If FHFA or FHFA-OIG grants, in whole or in part, your request for disclosure of records under 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 or FHFA-OIG offices.
(f) Extensions of time.—
(1) In unusual circumstances, FHFA or FHFA-OIG may extend the Standard Track time limit in paragraph (b)(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 or FHFA-OIG will provide you with an opportunity to modify or reformulate 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 or FHFA-OIG will notify you regarding an alternative time period for processing the request.
[76 FR 29634, May 23, 2011, as amended at 77 FR 4645, Jan. 31, 2012]

Title 12 published on 2014-01-01

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United States Code
U.S. Code: Title 12 - BANKS AND BANKING
Statutes at Large
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Executive Order ... 12600

Executive Order ... 13392