OCC Bulletin 2024-7 | February 26, 2024

Freedom of Information Act: Notice of Proposed Rulemaking to Amend Freedom of Information Act Regulations

To

Chief Executive Officers of All National Banks, Federal Savings Associations, and Federal Branches and Agencies; Department and Division Heads; All Examining Personnel; and Other Interested Parties

Summary

On February 22, 2024, the Office of the Comptroller of the Currency (OCC) published a notice of proposed rulemaking (NPR) that would amend its Freedom of Information Act (FOIA) regulations codified at 12 CFR 4 to include procedures on expedited processing of FOIA requests, provide for appeals of denials of expedited processing and denials of fee waiver requests, remove the “competitive harm” standard for information provided to the government on an involuntary basis, and make a conforming amendment pertaining to FOIA fee waivers. The deadline for comments on the proposed rule is April 22, 2024.

Note for Community Banks

The proposed rulemaking would apply to community banks¹ that file FOIA requests with the OCC.

Highlights

The proposed rule would

amend the OCC’s FOIA regulations to allow members of the public to
- request expedited processing with their initial request or at any time thereafter,
- appeal denials of expedited processing requests, and
- appeal denials of fee waiver requests.
remove the “competitive harm” standard for information provided to the government on an involuntary basis and update the definition of confidential commercial information to more closely follow FOIA.
conform 12 CFR 4.17(b) to the FOIA statutory standard by clarifying that the OCC “must,” rather than “may,” grant a request for a fee waiver if a requester meets the standard for a fee waiver.

Background

FOIA outlines a process for members of the public to obtain government records. Further, FOIA requires federal agencies to promulgate regulations to implement the statute.

The OCC has identified four instances in which its FOIA regulations do not align with the FOIA statute and is therefore proposing changes to align the regulations with the statute. Specifically, the proposal would allow the public to request expedited processing, appeal denials of requests for expedited processing, and appeal denials of fee waivers. The proposal would also clarify that that OCC “must” grant a request for a fee waiver if the requester meets the waiver standard.

Finally, the proposal would remove the “competitive harm” standard and update the definition of confidential commercial information to more closely follow FOIA.

Further Information

Please contact Kristin Merritt, Assistant Director, MaryAnn Nash, Counsel, or Christopher D’Alessio, Counsel, Chief Counsel’s Office, (202) 649-5490.

Benjamin W. McDonough
Senior Deputy Comptroller and Chief Counsel