Federal Register, Volume 74, Number 10, January 15, 2009, Pages 2293-2756 Page: 2,345
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Federal Register/Vol. 74, No. 10/Thursday, January 15, 2009/Rules and Regulations
(e) Describing the Records You
Request. You must describe the records
that you seek in enough detail to enable
FHFA personnel to locate them with a
reasonable amount of effort. Your
request should include as much specific
information as possible that you know
about each record you request, such as
the date, title or name, author, recipient,
subject matter, and file designations or
descriptions of the record.
(f) How You Want the Records
Produced to You. Your request must tell
FHFA whether you will inspect the
records before duplication or want them
duplicated and furnished without
inspection.
(g) Agreement To Pay Fees. Your
FOIA request is an agreement by you to
pay all applicable fees charged under
section 1202.11, 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.
(h) Valid Requests. FHFA will only
process valid requests. A valid request
must meet all the requirements of this
section.
1202.6 What if my request does not have
all the information FHFA requires?
If the FHFA determines that your
request does not reasonably describe the
records you seek, is overly broad, or
otherwise lacks required information,
we will inform you in writing to explain
why your request is incomplete or
insufficient and give you 30 calendar
days to modify your request to meet all
the requirements. The first request for
additional information tolls the 20 days
period for FHFA to respond to your
request under 1202.7.
(a) If you respond with an amended
request, FHFA will process the
amended request as a new request.
(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 the
request withdrawn.
(c) If the additional information you
are required to provide concerns fees
that may be incurred or an agreement to
pay fees, FHFA may toll the 20 days
response time under section 1202.7, as
often as necessary to obtain the
additional information.
1202.7 How will FHFA 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 FHFArecords.
(b) Multi-Track Request Processing.
FHFA uses a multi-track system to
process FOIA requests. This means that
FOIA requests are processed based on
their 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 (e) of this section for
extensions of time.
(1) Standard Track. FHFA assigns
FOIA requests that are routine and
require little or no search time, review,
or analysis to the Standard Track. We
respond to these requests within 20
days after receipt, in the order in which
they are received. If FHFA determines
while processing your Standard Track
request, that it is more appropriately a
Complex Track request, we will reassign
it to the Complex Track and notify you
as described in paragraph (e) of this
section for extensions of time.
(2) Complex Track. FHFA assigns
requests that are not routine to the
Complex Track. Complex Track requests
are those to which FHFA determines
that that response will be voluminous,
involve two or more FHFA units,
require consultation with other agencies
or entities, require searches of archived
documents; or when FHFA determines
that the request seeks confidential
commercial information as described in
section 1202.8, or will require an
unusually high level of effort to search
for, review and or duplicate records, or
will cause undue disruption to the day-
to-day activities of FHFA regulating and
supervising the regulated entities. FHFA
will respond to Complex Track requests
as soon as reasonably possible,
regardless of the date of receipt.
(c) Referrals to Other Agencies. When
FHFA receives a request seeking records
that originated in another Federal
Government agency, FHFA refers the
request to the other agency for response.
FHFA will notify you if your request is
referred to another agency.
(d) Responses to FOIA Requests.
FHFA will respond to your request by
granting or denying it in full, or by
granting and denying it in parts. FHFA's
response will be in writing. In
determining which records are
responsive to your request, we
ordinarily will include only records we
possess as of the date the request.
(1) Requests That FHFA Grants. If
FHFA grants your request in full, 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 FHFA Denies or
Grants and Denies in Parts. If FHFAdenies your request in full or grants and
denies separate parts of it, the response
will be signed by the official
responding. If we deny 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 records, if any,
the amount of any fees charged, the
reasons for any denial, and a notice and
description of your right to file an
administrative appeal under section
1202.9.
(e) Format and Delivery of Disclosed
Records. If FHFA grants, in whole or in
part, your request for disclosure of
records under FOIA, we will make the
records available to you in the form or
format you requested, if it is readily
reproducible in that form or format. We
will send them to the address you
provided by regular U.S. Mail or by
electronic mail unless we agree with
you on alternate arrangements, such as
your agreement to pay express or
expedited delivery service fees or to
pick up records at our office.
(f) Extensions of Time. In unusual
circumstances, FHFA may extend the
time limit in paragraph (b) of this
section for no more than ten (10) days
and notify you of-
(1) The reason for the extension;
(2) The date on which the
determination in accordance with
paragraph (b) of this section is expected;
and
(3) The opportunity to limit the scope
of the request so that the FHFA may
process it on the simple track, or arrange
an alternative time period for processing
the request or a modified request.
1202.8 If the records I request 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 should use
good-faith efforts to designate, by
appropriate markings, 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 section
1202.4(a)(4). Any such designation
expired ten (10) years after they were
submitted to the Government, unless the
submitter requests, and provides
reasonable justification for, a
designation period of longer duration.
(c) Predisclosure Notification. Exceptas provided in paragraph (e) of this
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United States. Office of the Federal Register. Federal Register, Volume 74, Number 10, January 15, 2009, Pages 2293-2756, periodical, January 15, 2009; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc132872/m1/62/: accessed April 24, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.