12 CFR 261.16 - Request for access to confidential commercial or financial information.

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There is 1 rule appearing in the Federal Register for 12 CFR 261. View below or at eCFR (GPOAccess)
§ 261.16 Request for access to confidential commercial or financial information.
(a) Request for confidential information. A request by a submitter for confidential treatment of any information shall be considered in connection with a request for access to that information. At their discretion, appropriate Board or staff members (including Federal Reserve Bank staff) may act on the request for confidentiality prior to any request for access to the documents.
(b) Notice to the submitter. When a request for access is received pursuant to the Freedom of Information Act (5 U.S.C. 552):
(1) The Secretary shall notify a submitter of the request, if:
(i) The submitter requested confidential treatment of the information pursuant to 5 U.S.C. 552(b)(4); and
(ii) The request by the submitter for confidential treatment was made within 10 years preceding the date of the request for access.
(2) Absent a request for confidential treatment, the Secretary may notify a submitter of a request for access to information provided by the submitter if the Secretary reasonably believes that disclosure of the information may cause substantial competitive harm to the submitter.
(3) The notice given to the submitter shall:
(i) Be given as soon as practicable after receipt of the request for access;
(ii) Describe the request; and
(iii) Give the submitter a reasonable opportunity, not to exceed ten working days from the date of notice, to submit written objections to disclosure of the information.
(c) Exceptions to notice to submitter. Notice to the submitter need not be given if:
(1) The Secretary determines that the request for access should be denied;
(2) The requested information lawfully has been made available to the public;
(3) Disclosure of the information is required by law (other than 5 U.S.C. 552); or
(4) The submitter's claim of confidentiality under 5 U.S.C. 552(b)(4) appears obviously frivolous or has already been denied by the Secretary, except that in this last instance the Secretary shall give the submitter written notice of the determination to disclose the information at least five working days prior to disclosure.
(d) Notice to requester. At the same time the Secretary notifies the submitter, the Secretary also shall notify the requester that the request is subject to the provisions of this section.
(e) Written objections by submitter. Upon receipt of notice of a request for access to its information, the submitter may provide written objections to release of the information. Such objections shall state whether the information was provided voluntarily or involuntarily to the Board.
(1) If the information was voluntarily provided to the Board, the submitter shall provide detailed facts showing that the information is customarily withheld from the public.
(2) If the information was not provided voluntarily to the Board, the submitter shall provide detailed facts and arguments showing:
(i) The likelihood of substantial harm that would be caused to the submitter's competitive position; or
(ii) That release of the information would impair the Board's ability to obtain necessary information in the future.
(f) Determination by Secretary. The Secretary's determination whether or not to disclose any information for which confidential treatment has been requested pursuant to this section shall be communicated to the submitter and the requester immediately. If the Secretary determines to disclose the information and the submitter has objected to such disclosure pursuant to paragraph (e) of this section, the Secretary shall provide the submitter with the reasons for disclosure, and shall delay disclosure for ten working days from the date of the determination.
(g) Notice of lawsuit. (1) The Secretary shall promptly notify any submitter of information covered by this section of the filing of any suit against the Board to compel disclosure of such information.
(2) The Secretary shall promptly notify the requester of any suit filed against the Board to enjoin the disclosure of any documents requested by the requester.

Title 12 published on 2014-01-01

The following are only the Rules published in the Federal Register after the published date of Title 12.

For a complete list of all Rules, Proposed Rules, and Notices view the Rulemaking tab.

  • 2014-02-03; vol. 79 # 22 - Monday, February 3, 2014
    1. 79 FR 6077 - Rules Regarding Availability of Information
      GPO FDSys XML | Text
      FEDERAL RESERVE SYSTEM
      Final rule.
      Effective February 3, 2014.
      12 CFR Part 261

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.


United States Code
U.S. Code: Title 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
U.S. Code: Title 12 - BANKS AND BANKING

§ 248 - Enumerated powers

§ 321 - Application for membership

§ 322 - Determination on application

§ 323 - Stock in Federal reserve banks; method of payment

§ 324 - Laws applicable on becoming members

§ 325 - Examinations

§ 326 - Acceptance of examinations and reports by State authorities; special examinations

§ 327 - Surrender of stock and cancellation of memberships

§ 328 - Withdrawals from membership

§ 329 - Capital stock required as condition precedent to membership

§ 329a - Omitted

§ 330 - Laws applicable on becoming members; discounts for State banks

§ 331 - Certifying checks on State banks admitted as members

§ 332 - Depositaries of public money; financial agents; security required

§ 333 - Mutual savings banks; application and admission to membership in Federal Reserve System

§ 334 - Reports from affiliates; penalty for failure to furnish

§ 335 - Dealing in investment securities; limitations and conditions

§ 336 - Certificates of stock; representation of stock of other corporations

§ 337 - Repealed.

§ 338 - Examination of affiliates; forfeiture of membership on refusal of affiliate to give information or pay expense

§ 338a - Investments to promote public welfare and community development; limitation on investments

§ 339 - Participation by State member banks in lotteries and related activities

§ 339a - Resolution of clearing banks

§ 611 - Formation authorized; fiscal agents; depositaries in insular possessions

§ 611a - Statement of purposes; rules and regulations

§ 612 - Articles of association; contents

§ 613 - Signing of articles of association; forwarding to and filing by Board of Governors of the Federal Reserve System; organization certificate; contents

§ 614 - Organization certificate; acknowledgment; forwarding to, filing, and approval by Board of Governors of the Federal...seal; corporate succession; contracts; suits; directors, officers, and employees; bylaws

§ 615 - Powers of corporation

§ 616 - Place of carrying on business; when business may be begun

§ 617 - Engaging in commerce or trade in commodities; price fixing; forfeiture of charter; acts forbidden to directors, officers, agents, or employees

§ 618 - Capital stock; amount; when paid in

§ 619 - Capital stock; by whom held; ownership of capital stock by foreign bank

§ 620 - Members of Board of Governors of the Federal Reserve System without interest in corporation

§ 621 - Liability of shareholders on unpaid subscriptions; membership of corporation in Federal reserve bank prohibited

§ 622 - Forfeiture of rights and privileges; dissolution; liability of directors and officers

§ 623 - Voluntary liquidation

§ 624 - Appointment of receiver or conservator

§ 625 - Stockholders’ meetings; books and records; reports; examination

§ 626 - Dividends; surplus fund

§ 627 - State taxation

§ 628 - Extension of corporate existence

§ 629 - Conversion of banking corporations into Federal corporations; procedure

§ 630 - Offenses by officers of corporation; punishment

§ 631 - False representations as to liability of United States for acts of corporation; punishment

§ 632 - Jurisdiction of United States courts; disposition by banks of foreign owned property

§ 633 - Potential liability on foreign accounts

§ 1442 - Member financial information

§ 1467a - Regulation of holding companies

§ 1817 - Assessments

§ 1818 - Termination of status as insured depository institution

§ 1821 - Insurance Funds

§ 1830 - Nondiscrimination

§ 1844 - Administration

§ 1951 - Congressional findings and declaration of purpose

§ 1952 - Reports on ownership and control

§ 1953 - Recordkeeping and procedures

§ 1954 - Injunctions

§ 1955 - Civil penalties

§ 1956 - Criminal penalty

§ 1957 - Additional criminal penalty in certain cases

§ 1958 - Compliance

§ 1959 - Administrative procedure

§ 2601 - Congressional findings and purpose

§ 2801 - Congressional findings and declaration of purpose

§ 2802 - Definitions

§ 2803 - Maintenance of records and public disclosure

§ 2804 - Enforcement

§ 2805 - Relation to State laws

§ 2806 - Compliance improvement methods

§ 2807 - Report

§ 2808 - Effective date

§ 2809 - Compilation of aggregate data

§ 2810 - Disclosure by Secretary; commencement, scope, etc.

§ 2811 - Repealed.

§ 2901 - Congressional findings and statement of purpose

§ 2902 - Definitions

§ 2903 - Financial institutions; evaluation

§ 2904 - Report to Congress

§ 2905 - Regulations

§ 2906 - Written evaluations

§ 2907 - Operation of branch facilities by minorities and women

§ 2908 - Small bank regulatory relief

§ 3101 - Definitions

§ 3102 - Establishment of Federal branches and agencies by foreign bank

§ 3103 - Interstate banking by foreign banks

§ 3104 - Insurance of deposits

§ 3105 - Authority of Federal Reserve System

§ 3106 - Nonbanking activities of foreign banks

§ 3106a - Compliance with State and Federal laws

§ 3107 - Representative offices

§ 3108 - Regulation and enforcement

§ 3109 - Cooperation with foreign supervisors

§ 3110 - Penalties

§ 3111 - Criminal penalty

§ 3401 - Definitions

§ 3402 - Access to financial records by Government authorities prohibited; exceptions

§ 3403 - Confidentiality of financial records

§ 3404 - Customer authorizations

§ 3405 - Administrative subpena and summons

§ 3406 - Search warrants

§ 3407 - Judicial subpena

§ 3408 - Formal written request

§ 3409 - Delayed notice

§ 3410 - Customer challenges

§ 3411 - Duty of financial institutions

§ 3412 - Use of information

§ 3413 - Exceptions

§ 3414 - Special procedures

§ 3415 - Cost reimbursement

§ 3416 - Jurisdiction

§ 3417 - Civil penalties

§ 3418 - Injunctive relief

§ 3419 - Suspension of limitations

§ 3420 - Grand jury information; notification of certain persons prohibited

§ 3421 - Repealed.

§ 3422 - Applicability to Securities and Exchange Commission

U.S. Code: Title 15 - COMMERCE AND TRADE
U.S. Code: Title 29 - LABOR
U.S. Code: Title 31 - MONEY AND FINANCE
U.S. Code: Title 42 - THE PUBLIC HEALTH AND WELFARE
U.S. Code: Title 44 - PUBLIC PRINTING AND DOCUMENTS

Title 12 published on 2014-01-01

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 12 CFR 261 after this date.

  • 2014-02-03; vol. 79 # 22 - Monday, February 3, 2014
    1. 79 FR 6077 - Rules Regarding Availability of Information
      GPO FDSys XML | Text
      FEDERAL RESERVE SYSTEM
      Final rule.
      Effective February 3, 2014.
      12 CFR Part 261