Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations

Federal Register / Vol. 83, No.
177 / Wednesday, September 12, 2018 / Rules and Regulations 46075
would be implemented too late, as List of Subjects in 7 CFR Part 929 125,000 barrels during the 2017–18
growers have already made their Cranberries, Marketing agreements, fiscal year are exempt from the volume
production decisions. It further stated Reporting and recordkeeping regulation requirements of this section.
the rule should be implemented next requirements. Any handler who did not have
season when they have more time to carryover inventory at the end of the
For the reasons set forth in the 2017–18 fiscal year is also exempt from
make economic decisions relating to
preamble, 7 CFR part 929 is amended as the volume regulation requirements of
their crop.
follows: this section.
Response: Utilizing a production
allotment allows growers to make PART 929—CRANBERRIES GROWN IN (c) Handlers have the option to
adjustments to reduce their costs. Given STATES OF MASSACHUSETTS, process up to 50 percent of the excess
the oversupply, it is important to take RHODE ISLAND, CONNECTICUT, NEW cranberries received over their growers’
JERSEY, WISCONSIN, MICHIGAN, allotments into dehydrated cranberries
action on this issue. Further, growers
MINNESOTA, OREGON, or other processed products. Handlers
have been aware of this
WASHINGTON, AND LONG ISLAND IN utilizing this option shall divert an
recommendation for some time, and the
THE STATE OF NEW YORK amount of 2018–19 processed products
proposed rule on this action published
equivalent to the volume of excess
on April 27, 2018.
■ 1. The authority citation for part 929 cranberries processed as provided for in
Comment: Another commenter stated continues to read as follows: § 929.107. The remaining volume of
the proposed regulation originated from excess cranberries must be diverted as
the major cooperative. Authority: 7 U.S.C. 601–674.
whole fruit.
Response: As stated above, the Subpart B—Administrative Dated: September 7, 2018.
proposal for production allotment was Requirements Bruce Summers,
discussed and ultimately recommended Administrator, Agricultural Marketing
by the Committee for USDA’s ■ 2. In § 929.104, revise paragraph (a) Service.
consideration at the August 4, 2017 and introductory text and remove and [FR Doc. 2018–19825 Filed 9–11–18; 8:45 am]
August 31, 2017 meetings. The reserve paragraph (b).
BILLING CODE 3410–02–P
Committee is comprised of growers of The revision reads as follows:
cranberries operating within the
§ 929.104 Outlets for excess cranberries.
production area and a public member,
(a) In accordance with § 929.61, BUREAU OF CONSUMER FINANCIAL
and all meetings are open to industry
excess cranberries may be diverted only PROTECTION
and public participation.
to the following noncommercial or
Comment: The one comment taking a noncompetitive outlets: 12 CFR Part 1070
neutral position on the proposed action [Docket No. CFPB–2016–0039]
* * * * *
also indicated support for reestablishing
■ 3. In § 929.105, add paragraph (c) to RIN 3170–AA63
the 2,500-barrel exemption for each
read as follows:
grower, as recommended by the
Committee, should USDA decide to go Disclosure of Records and Information
§ 929.105 Reporting.
forward with the regulation. * * * * * AGENCY: Bureau of Consumer Financial
Response: For the reasons given (c) Beginning with crop year 2018–19, Protection.
above, the 2,500-barrel exemption for the due date for the grower report ACTION: Final rule.
growers will not be reestablished. required under § 929.62(a) is changed to
March 1. SUMMARY: This final rule amends the
Comments: Additional comments procedures used by the public to obtain
■ 4. Add § 929.159 to read as follows:
were received that addressed issues information from the Bureau of
outside the scope of the proposed rule. § 929.159 Excess cranberries. Consumer Financial Protection (Bureau)
For the reasons discussed above, no (a) Beginning with crop year 2018–19, under the Freedom of Information Act,
changes will be made to the rule as handlers holding excess cranberries the Privacy Act of 1974, and in legal
proposed, based on the comments shall submit to the Committee a written proceedings.
received. plan outlining procedures for the DATES:This final rule is effective
A small business guide on complying systematic disposal of such cranberries October 12, 2018.
with fruit, vegetable, and specialty crop as specified in § 929.59(b) by March 1.
FOR FURTHER INFORMATION CONTACT:
marketing agreements and orders may (b) Beginning with crop year 2018–19,
David Snyder, Senior Counsel, Legal
be viewed at: http://www.ams.usda.gov/ all excess cranberries shall be diverted
Division, at 202–435–7758. If you
rules-regulations/moa/small-businesses. as specified in § 929.59(c) prior to
require this document in an alternative
Any questions about the compliance August 31.
electronic format, please contact CFPB_
guide should be sent to Richard Lower ■ 6. Add § 929.253 to read as follows:
Accessibility@cfpb.gov.
at the previously mentioned address in § 929.253 Marketable quantity and SUPPLEMENTARY INFORMATION:
the FOR FURTHER INFORMATION CONTACT allotment percentage for the 2018–19 crop
section. year. I. Background
After consideration of all relevant (a) The marketable quantity for the The Bureau first published the
matter presented, including the 2018–19 crop year is set at 7.275 million procedures used by the public to obtain
daltland on DSKBBV9HB2PROD with RULES
information and recommendation of the barrels and the allotment percentage is information from it under the Freedom
Committee and other available designated at 75 percent. of Information Act, the Privacy Act of
information, it is hereby found that this (b) Organically grown fruit shall be 1974, and in legal proceedings in an
rule, as hereinafter set forth, will tend exempt from the volume regulation interim final rule on July 28, 2011, 76
to effectuate the declared policy of the requirements of this section. Small FR 45371 (Jul. 28, 2011). This was
Act. handlers who processed less than followed by a final rule on February 15,
VerDate Sep<11>2014 16:01 Sep 11, 2018 Jkt 244001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\12SER1.SGM 12SER1
46076 Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations
2013, 78 FR 11483 (Feb. 15, 2013). Subpart E contains the Bureau’s rule promulgates the final rule pursuant to
Based on its experience over the last implementing the Privacy Act of 1974, these authorities.
several years, the Bureau published a 5 U.S.C. 552a. The Bureau has revised
V. Section-by-Section Analysis
notice of proposed rulemaking on the subpart to clarify the Chief Privacy
August 24, 2016, 81 FR 58310 (Aug. 24, Officer’s authority, to provide additional Part 1070—Disclosure of Records and
2016), that proposed to amend the rule flexibility for requestors, and to make Information
to clarify, correct, and amend certain technical corrections. The Bureau Subpart A—General Provisions and
provisions of the rule, and it solicited received no comments on this subpart Definitions
comments on the proposal. The Bureau and it finalizes the proposed subpart
is issuing this final rule in response to without modification. Section 1070.2 General Definitions
the comments. The Bureau’s August 24, Section 1070.2(c) Chief FOIA Officer
2016 notice of proposed rulemaking also III. Overview of Comments Received
proposed to amend the Bureau’s rule The Bureau had proposed no change
The Bureau received eight comment to the defined term, ‘‘Chief FOIA
regarding the confidential treatment of letters that pertained to its proposal
information obtained from persons in Officer.’’ However, a Federal agency
regarding FOIA implementation. These noted that the Bureau’s status quo
connection with the exercise of its included three comment letters from
authorities under Federal consumer definition permitted a broader
industry trade associations; and one delegation of the Chief FOIA Officer’s
financial law. This final rule only comment letter each from an individual;
pertains to portions of the Bureau’s authority than is permitted by the FOIA.
an opposition research and The previous definition allowed the
proposal related to the Freedom of communication organization; a financial
Information Act, the Privacy Act of Chief Operating Officer to delegate the
institution; a consumer advocacy Chief FOIA Officer’s authority to ‘‘any
1974, and requests for Bureau organization; and a Federal agency with
information in legal proceedings. employee,’’ but the FOIA requires that
responsibilities related to the Chief FOIA Officer be at the
II. Summary of the Final Rule implementation of the FOIA. These assistant secretary level or above. The
comment letters largely proposed minor Bureau agrees that this provision
The final rule revises subparts A, B,
modifications to the proposed rule in allowed a broader delegation of
C, and E of section 1070 of title 12 of
order to clarify it and/or facilitate public authority than is permissible under the
the Code of Federal Regulations.
The revisions to subpart A address access to information. The Bureau also FOIA and has removed the phrase ‘‘or
procedures related to the certification of received input from another Federal any CFPB employee to whom the Chief
authenticity of Bureau records and the agency during the comment period. Operating Officer has delegated
service of summonses or complaints on These suggestions primarily focused on authority to act under this part’’ from
the Bureau. Subpart A also contains procedural and technical changes to the the final rule. The Bureau believes that
definitions of terms used throughout the proposed rule. The Bureau made some this provision, in conjunction with
remainder of the part, and the final rule changes to the final rule based on this § 1070.2(d), provides the Bureau with
revises the definition of ‘‘Chief FOIA input. the necessary flexibility to delegate
Officer.’’ The Bureau received no comment some of the responsibilities of the Chief
Subpart B implements the Freedom of letters regarding its proposed revisions FOIA Officer to other CFPB employees
Information Act, 5 U.S.C. 552 (the to subpart C or subpart E, regarding its without delegating more authority than
FOIA). The Bureau has revised this Touhy Regulations and implementation is permissible under the FOIA.
subpart to clarify its practices, provide of the Privacy Act of 1974,
Section 1070.3 Custodian of Records;
additional flexibility for requesters, and respectively.1
Certification; Alternative Authority
reflect recent changes made to the FOIA IV. Legal Authority
by the FOIA Improvement Act of 2016 Section 1070.3(b) Certification of
(Pub. L. 114–185). Additionally, these The Bureau proposed the rule Record
changes streamline the Bureau’s process pursuant to its authority under (1) Title Section 1070.3(b) authorizes the
for assessing FOIA fees and notifying X of the Dodd-Frank Act, 12 U.S.C. 5481 Bureau’s Chief Operating Officer to
requesters of such fees. These changes et seq., including (a) Section 1022(b)(1), certify the authenticity of any Bureau
will allow the Bureau to process FOIA 12 U.S.C. 5512(b)(1); (b) Section record or any copy of such record. The
requests more efficiently and provide 1022(c)(6)(A), 12 U.S.C. 5512(c)(6)(A); Bureau proposed revising the rule to
records to requesters more quickly. The and (c) Section 1052(d), 12 U.S.C. clarify that the Chief Operating Officer
Bureau has made some minor revisions 5562(d); (2) the Freedom of Information can also certify the absence of a record.
to its proposal in response to comments. Act, 5 U.S.C. 552; (3) the Privacy Act of Such certification is contemplated in
The final rule does not revise subpart 1974, 5 U.S.C. 552a; (4) the Right to Rule 44 of the Federal Rules of Civil
D. Financial Privacy Act, 12 U.S.C. 3401 et Procedure and Rule 902 of the Federal
Subpart C (sometimes referred to as seq.; (5) the Trade Secrets Act, 18 U.S.C. Rules of Evidence. See also Federal Rule
Touhy Regulations) sets forth 1905; (6) 18 U.S.C. 641; (7) the of Evidence 803(10). The Bureau
procedures for requests for information Paperwork Reduction Act, 44 U.S.C. received no comments regarding this
from the Bureau in connection with 3501 et seq., and (8) the Federal Records proposal, and it finalizes the proposal
legal proceedings between others, and Act, 44 U.S.C. 3101. The Bureau without modification.
describes the Bureau’s procedures for received no comments on the
considering such requests or demands applicability of these statutes, and it Section 1070.5 Service of Summonses
for official information. The Bureau has and Complaints
made organizational and clarifying 1 The Bureau received twenty-seven total The Bureau proposed moving
revisions to the provisions previously comment letters in response to its notice of § 1070.31—which provides the process
set forth in this subpart. The Bureau proposed rulemaking. The Bureau continues to for serving the Bureau with summonses
consider the comments pertaining to its proposals
received no comments on this subpart related to the confidential treatment of Bureau
or complaints—to a new section in
and it finalizes the proposed subpart information, and these comments are not addressed subpart A for clarity, in order to
without modification. in this final rule. separate the rule governing service
Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations 46077
when the Bureau is a party from the information or records, the Bureau has Bureau received no comments on these
remaining provisions in subpart C, discretion to disclose it to the extent proposals and it finalizes them without
which deal with requests for that the disclosure is not otherwise modification.
information for other proceedings. In precluded by law. The paragraph further
Section 1070.14(c) Content of Request
addition, the Bureau proposed revising notes that such disclosures are not
paragraph (d)’s requirement that precedential. The Bureau proposed no Section 1070.14(c) specifies the
documents be ‘‘stamped’’ ‘‘Service revisions to this paragraph. However, content of FOIA requests. Although the
Accepted for Official Capacity Only’’ by another Federal agency suggested that Bureau did not propose revisions to
replacing the word ‘‘stamped’’ with the the phrase ‘‘but is merely an indication paragraphs (c)(1), (3), and (6), it received
word ‘‘marked.’’ This proposal was that, in the processing of the particular several suggestions from another
intended to clarify that the documents request, the CFPB finds no necessity for Federal agency concerning these
may be labeled using a variety of applying the exemption’’ is provisions. First, the agency suggested
methods. The Bureau received no unnecessary. The phrase at issue is revising paragraph (c)(1) to say that a
comments regarding these proposals, contained in the part of § 1070.11(b) ‘‘FOIA request must describe the
and it finalizes them without noting that the Bureau’s decision to records that the requester seeks in
modification. discretionarily disclose a record in one sufficient detail.’’ The Bureau agrees
case has no precedential value in the and will make this edit as it is a core
Subpart B—Freedom of Information Act processing of another request. The requirement of a perfected FOIA
The Bureau received several general Bureau agrees that this phrase is request.
comments concerning its proposed unnecessary and has removed it from The agency also suggested removing
changes to the regulations implementing the final rule. the phrase ‘‘[a]s a general rule’’ from the
the FOIA and the Bureau’s FOIA last sentence of paragraph (c)(1) because
Section 1070.13 & Public Inspection and it is unnecessary. The Bureau agrees and
process. Some commenters expressed
Copying has removed this text from the final
support for the Bureau’s proposed
changes to the extent that they would Section 1070.13(d) Redaction of rule.
expedite the FOIA process. Some of Identifying Details Next, the agency suggested removing
these commenters also raised concerns the part of paragraph (c)(3) that
Section 1070.13 addresses the
about the timeliness of the Bureau’s concerns requests to inspect records.
requirement that the Bureau make
FOIA process and its commitment to The Bureau agrees that this provision is
certain records available on its public
openness and transparency. The Bureau unnecessary and that, as a practical
website, and paragraph (d) addresses
remains committed to open government matter, requesters do not seek to inspect
privacy-related redaction of those
and strives to be a leader by being records prior to production. In response,
records. The Bureau proposed no
transparent with respect to its own the Bureau has removed the provision
revisions to this paragraph. However,
activities. In addition, the Bureau will concerning the inspection of records
one commenter noted that although
continue to improve its FOIA process to and added a provision directing that the
§ 1070.13(d) discusses redacting records
ensure that all requests are responded to ‘‘request should state whether the
in the Bureau’s FOIA reading room for
in a timely fashion. requester wishes to receive the records
personal privacy, it does not mention
The Bureau also made several in a specific format.’’
any other FOIA exemptions. Although Finally, the agency suggested
technical and typographical revisions to the commenter is correct that
the rule in response to comments, changing paragraph (c)(6) to allow
§ 1070.13(d) does not mention any other requesters to seek expedited processing
including updating cross-referenced FOIA exemptions, the Bureau does not
provisions, ensuring consistent spelling at any time during the processing. The
believe any changes to this provision are Bureau’s rule previously required
of certain terms, and ensuring the warranted because § 1070.13(a) already
consistent use of terminology requesters to seek expedited processing
informs requesters that documents with their initial requests. The agency
throughout the rule. published in the Bureau’s FOIA reading noted that this provision could frustrate
Section 1070.11 Information Made room are ‘‘[s]ubject to the application of requesters by requiring them to
Available; Discretionary Disclosures the FOIA exemptions and exclusions withdraw and resubmit a request that
. . . .’’ The Bureau finalizes the includes a request for expedited
Section 1070.11(a) In General provision in the final rule without processing. The Bureau agrees with the
Section 1070.11(a)(2) modification. agency’s suggestion, but has instead
Section 1070.11(a)(2) identifies a Section 1070.14 Requests for CFPB changed § 1070.17(b)(1) in the final rule
category of information and records that Records to address this concern. As such,
the FOIA requires Federal agencies to revision to § 1070.14(c)(6) is not
Section 1070.14(b) Form of Request
make publicly available. The Bureau necessary in response to this suggestion.
proposed to remove the phrase ‘‘and Section 1070.14(b) specifies the form
of FOIA requests, and it previously Section 1070.14(c)(4)
copying’’ and replace it with ‘‘in an
electronic format.’’ The Bureau distinguished between requests made in Section 1070.14(c)(4) provides that a
proposed similar revisions to § 1070.13. writing and by electronic means. The FOIA requester should indicate in the
These changes are required by the FOIA Bureau proposed a technical change to request whether the requester is a
Improvement Act of 2016. The Bureau this provision, to remove the phrase ‘‘or commercial user, an educational
received no comments on this proposal by electronic means’’ and add ‘‘as institution, non-commercial scientific
follows:’’ in its place. The Bureau also institution, representative of the news
and it finalizes the proposal without

modification. proposed changes to § 1070.14(b)(1) and media or ‘‘other’’ requester, as those
(2) to clarify how requesters must terms are defined in § 1070.22(b). The
Section 1070.11(b) Discretionary submit FOIA requests to the Bureau. section also informs requesters that they
disclosures The Bureau proposed similar changes to may contact the Bureau’s FOIA Public
Section 1070.11(b) says that, even if a the following sections: 1070.17(b)(1); Liaison to seek assistance in
FOIA exemption applies to requested 1070.21(c); and 1070.22(e)(1)(i). The determining the appropriate fee
category. Previously, the provision only finalizes the proposal without FOIA. Because the Bureau is not
permitted the Bureau to use information modification. finalizing the proposed definitions in
provided to the FOIA Public Liaison by § 1070.2 in this final rule, this comment
Section 1070.14(e) Requests by an
a requester for the purpose of is moot.
Individual for CFPB Records Pertaining
determining the requester’s fee category.
to That Individual In addition, a Federal agency
The Bureau proposed to remove this
Section 1070.14(e) directs individuals suggested that the Bureau update and
limitation so that it could use this
information for other purposes, such as who wish to inspect or obtain records clarify its process for referrals and
aiding a requester in clarifying the scope pertaining to themselves to seek access consultations, and that the Bureau allow
of a request, assisting in identifying to the records pursuant to the Bureau’s for an additional process whereby the
records sought by a requester, and regulations that implement the Privacy Bureau would coordinate with another
helping to resolve disputes related to a Act of 1974, in subpart E of the rule. agency when referral and consultation
request. The Bureau proposed no revisions to are not appropriate. The Bureau agrees
The Bureau received two comment this provision. However, another with this suggestion and has added
letters regarding this provision. One Federal agency suggested that the language to the final rule concerning
commenter noted that the section Bureau directly reference its Privacy Act referrals, consultations, and
included a fee category, ‘‘governmental request identity verification procedures coordination. The changes to the rule
entity,’’ which is not recognized under at § 1070.53(c) for first-party FOIA clarify when it is appropriate for the
the FOIA and is not defined anywhere requests. It is the Bureau’s practice to Bureau to refer a request to, consult, or
in the Bureau’s regulations. The Bureau use the same identity verification coordinate with another agency when
agrees and has removed this fee category procedures outlined in § 1070.53(c) for processing a FOIA request. It also
from the final rule. Another commenter both Privacy Act requests and first-party clarifies how the Bureau will document
raised concerns about the removal of FOIA requests, and such a change
referrals and notify requesters when the
language limiting the purposes for would codify the Bureau’s current
Bureau has decided to refer a request to
which the FOIA Public Liaison could practice in its regulations. As such, the
Bureau agrees with the commenter’s another agency.
use information provided by a requester.
The commenter suggested that the suggestion and has made this change in Section 1070.16 Timing of Responses
Bureau narrow its proposal to codify the final rule. to Requests for CFPB Records
certain specified uses for which the Section 1070.14(g) Assistance From
FOIA Public Liaison could use the Section 1070.16(d) Unusual
FOIA Public Liaison Circumstances
information. The Bureau declines to
make this change. The purpose of this Section 1070.14 instructs requesters
on how to request records from the Section 1070.16(d) addresses
proposal was to provide the FOIA
Bureau under the FOIA. The Bureau circumstances where the Bureau
Public Liaison with additional
received a suggestion from another requires an extension to respond to a
flexibilities in using the information to
assist requesters in the processing of Federal agency suggesting that it make FOIA request. The Bureau proposed no
their requests. The Bureau removed this the FOIA Public Liaison available more revisions to this provision. However,
provision with the goal of maximizing broadly to assist requesters. The Bureau one commenter suggested that the
the FOIA Public Liaison’s ability to agrees with the commenter’s suggestion Bureau add language to § 1070.16(d)
assist requesters with the processing of and has added a new provision to its stating that it will notify requesters of
their requests and it believes that final rule, § 1070.14(g), which informs the availability of the services provided
placing restrictions on the FOIA Public requesters that they can contact the by the Bureau’s FOIA Public Liaison
Liaison will hamper those efforts. For FOIA Public Liaison to resolve any and the National Archives and Records
the aforementioned reasons, the Bureau problems that arise during the Administration (NARA), Office of
finalizes the proposal without processing of their requests. The Bureau Government Information Services
modification. believes that this change renders the (OGIS) when the Bureau requires an
reference to the FOIA Public Liaison in extension due to ‘‘unusual
Section 1070.14(c)(5) § 1070.14(c)(4) unnecessary and has circumstances’’ under this provision.
Section 1070.14(c)(5) provides that if removed it from the final rule. The Bureau agrees with this suggestion
a requester seeks a waiver or reduction
Section 1070.15 Responsibility for and has revised the final rule to
of fees associated with processing a
Responding to Requests for CFPB incorporate this change.
request, then the request shall include a
statement to that effect. The text Records In addition, a Federal agency
previously included a statement that Section 1070.15 addresses, among suggested that the Bureau remove
any request that does not seek a waiver other things, the process by which the several of the references to FOIA
or reduction of fees constitutes an Bureau consults with other agencies appeals in this paragraph. Although
agreement of the requester to pay all regarding FOIA requests and/or refers ‘‘unusual circumstances’’ may apply to
fees up to $25. The Bureau proposed to FOIA requests to other agencies. The the processing of a FOIA appeal, the
remove this language in light of other Bureau did not propose any revisions to agency pointed out that in such
proposed fee-related revisions. Under this provision. However, one circumstances the Bureau would not
the Bureau’s proposed revisions to commenter noted that the Bureau give the requester an opportunity to
§ 1070.22(d) and (f), FOIA requesters separately proposed a new definition of modify the scope of the appeal. The
could still specify an upper limit on the ‘‘agency’’ in § 1070.2(a) that included
Bureau agrees with this suggestion and

fees that they are willing to pay to entities that are not subject to the FOIA. has implemented it in the final rule, as
process a request and the Bureau would Were § 1070.15 to be read in this part of the paragraph is intended to
notify a requester of any potential fees conjunction with this proposed apply to requests, not FOIA appeals.
beyond that limit before processing the definition, the rule would seem to allow
request. The Bureau received no the Bureau to refer FOIA requests to
comments on this proposal and it agencies that are not subject to the
Section 1070.17 Requests for whether to grant a request for expedited Bureau proposed no revisions to this
Expedited Processing processing in ten calendar days, which provision. However, a Federal agency
Section 1070.17(b) Form and Content of is what the FOIA requires. Additionally, recommended that the Bureau revise
a Request for Expedited Processing the Bureau notes that, as reflected in its § 1070.18(b)(2) to notify requesters that
most recent Annual FOIA Report, the they can seek assistance from the
Section 1070.17(b) instructs average amount of time it takes the Bureau’s FOIA Public Liaison when the
requesters on how to request expedited Bureau to adjudicate a request for Bureau grants a request in full or in part.
processing of a FOIA request. The expedited processing is one day. The Bureau agrees with this
Bureau proposed no revisions to this The Bureau also declines to commit recommendation and has revised the
section. However, as explained above itself to releasing requested records final rule to incorporate it.
with respect to § 1070.14(c), in response within three business days of granting a
to a suggestion from another Federal Section 1070.18(b)(4)
request for expedited processing. When
agency, the Bureau has revised the Bureau grants a request for Section 1070.18(b)(4) addresses the
§ 1070.17(b)(1) of the final rule to state expedited processing, it processes the Bureau’s response to a request that it
that requesters may request expedited request as quickly and efficiently as determines should be denied in whole
processing at any time during the possible. As noted above, the Bureau, on or in part. The Bureau proposed to add
processing of their requests. average, adjudicates requests for a new provision at § 1070.18(b)(4)(iv)
In addition, the Federal agency expedited processing in one day. requiring it to inform requesters of the
recommended that the Bureau revise right to seek dispute resolution services
Processing a request within three days
§ 1070.17(b)(2)(ii) to clarify what a from the Bureau’s FOIA Public Liaison
after expedited processing is granted
requester must show to obtain expedited or OGIS. The Bureau also proposed to
will not be feasible in many cases,
processing of the requested records. The renumber the existing provisions under
particularly in cases involving a large
Bureau agrees and has revised the rule § 1070.18(b)(4) to accommodate this
number of responsive records.
accordingly. The FOIA provides for For the aforementioned reasons, the change. The Bureau noted in its
expedited processing of a request upon proposal that this change is required by
Bureau finalizes the provision without
a showing of a ‘‘compelling need,’’ the FOIA Improvement Act of 2016. The
modification.
which includes a request by a ‘‘person Bureau received no comments on this
primarily engaged in disseminating Section 1070.18 Responses to Requests proposal and it finalizes the proposal
information’’ where there is an ‘‘urgency for CFPB Records without modification.
to inform the public concerning actual Section 1070.18(a) Acknowledgement of
or alleged Federal Government Section 1070.18(c) Resolution of
Requests Disputes
activity.’’ 5 U.S.C. 552(a)(6)(E). The rule
did not previously explain what Section 1070.18(a) requires the The Bureau proposed a new
requesters must show to demonstrate Bureau to acknowledge its receipt of paragraph in § 1070.18 to inform
that they are persons ‘‘primarily FOIA requests. The provision requesters about the resources available
engaged in disseminating information.’’ previously created this requirement to resolve any disputes that may arise
The revised rule clarifies that a only for perfected requests. A Federal during the request process. These
requester who is not a full-time member agency recommended that the Bureau resources are the Bureau’s FOIA Public
of the media must establish that the delete the word ‘‘perfected,’’ thus Liaison and mediation services
requester is a person ‘‘whose primary requiring the Bureau to also provided by OGIS. One commenter
professional activity or occupation is acknowledge and provide requesters suggested that the Bureau remove a
information dissemination.’’ The with tracking numbers for requests that provision in § 1070.18(c)(2) stating that
revised rule also informs requesters that have not been perfected. The Bureau the Bureau will not ‘‘defer to OGIS
the existence of numerous articles on a agrees with this recommendation. This mediation decision in particular cases.’’
given subject can be helpful in is the Bureau’s current practice, and it The commenter reasoned that this
establishing that there is an ‘‘urgency to has revised the final rule to adopt this provision is not necessary because OGIS
inform’’ the public on the topic of the suggestion. does not issue decisions. The Bureau
request. Section 1070.18(a)(4) agrees and it has revised the final rule
to incorporate this recommendation.
Section 1070.17(c) Determinations of Section 1070.18(a)(4) specifies what
Requests for Expedited Processing fee-related information the Bureau will Section 1070.18(d) Format of Records
include in acknowledgement letters it Disclosed
Section 1070.17(c) states that the
Bureau will decide requests for sends to requesters. The Bureau The Bureau proposed a new
expedited processing within ten proposed to make a technical change to paragraph to inform requesters that they
calendar days of its receipt of the this provision, removing the phrase ‘‘(of may request records in a particular
request, and that it will notify the not less than $25)’’ to account for the format. Under this proposal, the Bureau
requester of its decision in writing. The proposed revisions to fee-related would provide records in a requested
Bureau proposed no revisions to this provisions in § 1070.22(d) and (f). The format when the requested format can
section. However, one commenter Bureau received no comments on this readily be reproduced from the original
suggested that the Bureau revise the proposal and it finalizes the proposal file. The Bureau received no comments
provision to require the Bureau to without modification. on this proposal and it finalizes the
process requests for expedited Section 1070.18(b) Initial proposal without modification.
processing within five business days,
Determination To Grant or Deny a Section 1070.20 Requests for Business

and to require the Bureau to provide Request Information Provided to the CFPB
requested records within three business
days of granting a request for expedited Section 1070.18(b)(2) Section 1070.20(f) Opportunity To
processing. The Bureau declines to Section 1070.18(b)(2) addresses the Object to Disclosure
adopt this recommendation. The current Bureau’s response to a request that has Section 1070.20(f) provides a
rule requires the Bureau to decide been granted in full or in part. The submitter of business information with
ten business days to object to the Section 1070.21(e) Determinations To contemplated by the FOIA. The Bureau
Bureau’s disclosure of the submitter’s Grant or Deny Administrative Appeals also cannot commit to placing all non-
business information. The Bureau Section 1070.21(e) authorizes the profits and community based
proposed to make two technical changes General Counsel to decide organizations in the lowest fee
to this provision clarifying that the administrative appeals, and categories because not all such
Bureau will delay any release of § 1070.21(e)(3) allows for remand of a organizations will meet the
information to afford the submitter ten FOIA determination as one option for requirements for placement in these fee
business days to object to the disclosure. the General Counsel’s disposition of an categories. The Bureau believes that the
The Bureau received one comment in appeal. The Bureau proposed to amend current FOIA fee categories and the fee
support of this proposed change and it the first sentence of § 1070.21(e) to add waiver provisions in the Bureau’s rule
finalizes the proposal without a reference to remands so that all are sufficient to address the concerns
modification. options for disposition of appeals are raised by the commenter.
Section 1070.21 Administrative listed in that sentence. The Bureau Section 1070.22(b)(1)(i)
Appeals received no comments on its proposed
Section 1070.22(b)(1)(i) defines the
revision and it finalizes the revision
Section 1070.21(b) Time Limits for ‘‘Commercial user’’ category of
without modification. In addition, one requester. The Bureau proposed to
Filing Administrative Appeals commenter recommended that the amend this provision to clarify that the
Section 1070.21(b) provides the time Bureau also include a provision in Bureau’s decision to place a requester in
limits for filing administrative appeals. § 1070.21(e) committing the Bureau to the commercial user category will be
The Bureau proposed to revise this work as an active partner during the made on a case-by-case basis based on
provision to clarify that the time period OGIS dispute resolution process when how the requester will use the
for filing an appeal begins on the day the Bureau agrees to participate in the information. The Bureau proposed this
after the date the initial determination is process concerning a particular request. change to clarify how it will make
sent to the requester or the date of the The Bureau agrees with this decisions whether to place a requester
letter transmitting the last records recommendation and has revised the in the commercial user category. The
released, whichever is later. The Bureau final rule to incorporate it. Bureau received no comments on this
also proposed to change the time limit Section 1070.22 Fees for Processing proposal and it finalizes the proposal
for filing an administrative appeal from Requests for CFPB Records without modification.
45 days to 90 days. This change is
required by the FOIA Improvement Act Section 1070.22(a) In General Section 1070.22(b)(1)(ii)
of 2016. The Bureau received no Section 1070.22(a) directs the Bureau Section 1070.22(b)(1)(ii) defines the
comments on these proposals and it to determine whether and to what ‘‘Educational institution’’ category of
finalizes them without modification. extent to charge a requester fees for requester. Several commenters
Section 1070.21(d) Processing of processing a FOIA request. Among other suggested that the Bureau update the
Administrative Appeals things, the provision previously stated definition to more accurately reflect the
that the Bureau charges certain fees text of the FOIA and recent case law
Section 1070.21(d) specifies how the ‘‘unless circumstances exist . . . that expanding the scope of the term
Bureau will process administrative render fees inapplicable or inadvisable ‘‘educational institution’’ to include
appeals. The Bureau proposed to or unless the requester has requested students at educational institutions who
remove the requirement that appeals be and the [Bureau] has granted a submit a FOIA request in furtherance of
stamped with the date of their receipt by reduction in or waiver of fees. . . .’’ coursework or other school-sponsored
the FOIA Office. The FOIA Office does The Bureau proposed no revisions to activities. See Sack v. U.S. Dep’t of
not stamp an appeal with the date the this provision. However, a Federal Defense, 823 F.3d 687 (D.C. Cir. 2016).
Bureau received it, but the date is agency recommended that the Bureau The Bureau agrees with the commenters
recorded in the Bureau’s system for remove the phrase ‘‘or inadvisable’’ and has so revised this provision in the
tracking FOIA requests. This from § 1070.22(a) because it is not clear final rule, including by adding three
requirement is outmoded and the what the phrase means in this context. examples of requesters to clarify under
Bureau proposed to remove it to account The Bureau agrees and has removed this which circumstances a requester would
for its current practice. phrase from the final rule. fall within the scope of this fee category.
Section 1070.21(d) also previously The Bureau has also made
provided that appeals would be Section 1070.22(b) Categories of
corresponding changes to
processed in the order in which they are Requesters
§ 1070.22(c)(2), removing information
received. Since adopting this provision Section 1070.22(b) identifies that is no longer necessary in light of the
in 2011, the Bureau has found that it is appropriate fee categories for requesters. revisions to § 1070.22(b)(1)(ii).
not always practicable to complete One commenter suggested that
action on appeals in the order in which community-based organizations and Section 1070.22(b)(2)
they are received, and sometimes has non-profits ‘‘be added to the category Section 1070.22(b)(2) provides that
chosen to act on a simple later-received that would obtain the lowest fees’’ or, the Bureau will notify a requester of its
appeal rather than delay action pending alternatively, that the Bureau create a determination as to the proper fee
completion of a more complex earlier- new fee category for such groups where category to apply to the requester. The
received appeal. In order to better align they would pay the lowest processing provision previously provided that the
the regulation with current practice, the fees. The Bureau declines to adopt this Bureau make its determination based on
Bureau proposed to delete the provision recommendation. The fee categories are a review of the requester’s submission
calling for first-in-first-out processing of defined by statute and the Office of and the Bureau’s own records. The
appeals. Management and Budget’s fee guidance, Bureau proposed to delete this
The Bureau received no comments on and the Bureau does not believe it limitation to clarify that it may base its
these proposals and it finalizes them would be appropriate for it to create a determination on other appropriate
without modification. new fee category that was not information, including phone
conversations with the requester and when the Bureau can almost always explained in its proposal that in many
publicly available information. The provide records in an electronic format. cases involving requests for fee waivers,
Bureau received no comments on this The Bureau has made clarifying the Bureau would be able to process the
proposal and it finalizes the proposal revisions to its rule to address the FOIA request without deciding the
without modification. agency’s comments. merits of the fee waiver request because
the processing fees would be less than
Section 1070.22(d) Other Section 1070.22(d)(4) $250. It further reasoned that removing
Circumstances When Fees Are Not
Section 1070.22(d)(4) addresses this requirement would allow the
Charged
miscellaneous circumstances where the Bureau to process FOIA requests more
Section 1070.22(d) provides certain Bureau may not assess fees. The Bureau efficiently and provide information to
circumstances where the Bureau may proposed to revise this provision to requesters more quickly. Under the
not charge a requester a fee for prohibit it from charging search fees, or Bureau’s proposal, the Bureau would
processing a FOIA request. The Bureau in certain cases duplication fees, when notify a requester when it had denied a
proposed to insert a new paragraph at the Bureau has failed to comply with fee waiver request and processing the
§ 1070.22(d)(2) and to renumber time limits under § 1070.16 or request would incur fees. The Bureau
§ 1070.22(d) to accommodate the new § 1070.21, unless (1) unusual received no comments on this proposal
paragraph. The Bureau explained in its circumstances apply to the processing of and it finalizes the proposal without
proposal that the new paragraph would the request; (2) the Bureau has provided modification.
provide that it will not charge a timely written notice of the unusual
requester any fees when the fee, Section 1070.22(e)(6)
circumstances to the requester; (3) more
excluding duplication costs, is less than than 5,000 pages are necessary to Section 1070.22(e)(6) specifies what
$250. The Bureau proposed this change respond to the request; and (4) the information the Bureau will include in
as part of its larger goal of revising the Bureau has discussed with the requester the letter it sends notifying the requester
process for how it assesses FOIA (or made three good-faith attempts to do that the Bureau has denied a request for
processing fees and how the Bureau so) how the requester could effectively a waiver or reduction of fees. The
notifies requesters of such fees. The limit the scope of the request. These Bureau proposed to make a technical
Bureau explained that this new changes are required by the FOIA change to this provision, removing the
provision would streamline its process Improvement Act of 2016. phrase ‘‘(of not less than $25)’’ to
for assessing FOIA fees. This change A Federal agency recommended that account for other newly proposed fee-
would allow the Bureau to process the Bureau revise § 1070.22(d)(4), related provisions. The Bureau received
FOIA requests more quickly and reasoning that the proposal’s exception no comments on this proposal and it
efficiently because the Bureau would no to when the Bureau can charge FOIA finalizes the proposal without
longer need to contact a FOIA requester processing fees when it does not meet modification.
concerning processing fees when the FOIA timelines was technically broader Section 1070.22(f) Advance Notice and
cost to process the request is less than than the FOIA’s requirements. In Prepayment of Fees
$250. As such, this provision would addition, the Federal agency
provide information to these requesters Section 1070.22(f) describes the
recommended revising the paragraph to Bureau’s process for notifying a
more quickly and at a reduced cost to account for a scenario where a court
the requesters. requester of any processing fees
determines that exceptional associated with a FOIA request. The
A Federal agency suggested that the
circumstances apply to a request. The Bureau proposed several changes to this
Bureau should remove § 1070.22(d)(1)
Federal agency also noted a technical provision to clarify and streamline its
because it is no longer necessary given
other revisions the Bureau has proposed error in a cross-reference in the process for assessing FOIA processing
to its FOIA regulations. The agency also paragraph. The Bureau had intended for fees and for notifying requesters of such
recommended that the Bureau clarify proposed § 1070.22(d)(4) to be fees. First, the Bureau proposed to
§ 1070.22(d)(2) because it is not clear coextensive with the FOIA. In response revise § 1070.22(f) to provide that the
from the proposed revisions whether to these suggestions, the Bureau has Bureau would notify a requester of the
duplication costs would be included in revised the provision to more closely estimated fees to process a FOIA request
the proposed $250 threshold. align with the FOIA’s requirements, and when the estimated fees are $250 or
The Bureau intended its proposed it has added a paragraph to address a more and the estimated fees exceed the
$250 fee threshold to only apply to potential court determination that limit set by the requester, the requester
search and review costs, not duplication exceptional circumstances apply. It has has not specified a limit, or the Bureau
costs. Under its proposal, the Bureau also fixed the identified cross-reference. has denied a request for a reduction or
would not charge any fees if the search The Bureau otherwise finalizes its waiver of fees. Next, the Bureau
and review fees were less than $250, but proposal. proposed to revise § 1070.22(f) to raise
it did not intend for duplication costs to Section 1070.22(e) Waiver or the fee threshold above which a
be subject to this threshold. The Bureau Reduction of Fees requester must pre-pay estimated
intended to subject duplication costs to processing fees from $250 to $1000. The
§ 1070.22(d)(1), which provides that the Section 1070.22(e)(5) Bureau explained in its proposal that
Bureau will not charge a requester any Section 1070.22(e)(5) provides that this change was necessary because of
FOIA processing fee when the cost of the Bureau will decide whether to grant the Bureau’s proposed change to
collecting the fee is equal to or greater or deny a request to reduce or waive § 1070.22(d): The Bureau proposed
than the fee itself. The Bureau intended fees prior to processing the FOIA raising its previous pre-payment
to make this distinction because most of request and that the Bureau will notify threshold of $250 because it would no
its FOIA responses are transmitted to the requester of such a determination in longer charge fees for processing a
requesters electronically and result in writing. The Bureau proposed to delete request when the fees are $250 or less.
no duplication costs. The Bureau did this requirement because it is The Bureau further explained that its
not intend to offer requesters up to $250 unnecessary in light of other proposed proposed revisions to § 1070.22(f)
worth of duplication without charge fee-related revisions. The Bureau would require a requester to agree to
pay processing fees before the Bureau Section 1070.30(e) Section 1070.33 Procedure When
began processing the request. The Testimony or Production of Documents
Section 1070.30(e)(2)
Bureau said that such an agreement is Sought; General
would provide sufficient assurance of Section 1070.30(e)(2) defines the term Section 1070.33(b)
payment for fees less than $1000, and ‘‘legal proceeding’’ for subpart C. The
that this change was in accordance with Section 1070.33(b) provides that the
Bureau proposed to add the phrase
the Bureau’s practice for requiring pre- General Counsel may require a party
‘‘their agents’’ to the last sentence of this seeking official information through
payment of fees. Furthermore, the provision to clarify that this definition
Bureau explained that this change testimony, Bureau records, or other
applies to formal and informal requests material, to describe all reasonably
would allow it to process FOIA requests made by both attorneys and their agents.
more efficiently and provide records to foreseeable demands for such
The Bureau received no comments information. The Bureau proposed to
requesters more quickly. The Bureau
regarding this proposal, and it finalizes make several technical changes to
received no comments on these
proposals and it finalizes them with the proposal without modification. clarify this provision. The Bureau
only technical changes to the numbering Former § 1070.31 Service of received no comments regarding these
of paragraphs in the section. Summonses and Complaints changes, and it finalizes the proposal
without modification.
Section 1070.23 Authority and Former § 1070.31 provided the
Responsibilities of the Chief FOIA Subpart E—The Privacy Act
process for serving the Bureau with
Officer Section 1070.51 Authority and
summonses or complaints. As discussed
Section 1070.22(a) Chief FOIA Officer above with respect to proposed § 1070.5, Responsibilities of the Chief Privacy
the Bureau proposed to delete § 1070.31 Officer
Section 1070.22(a) discusses the role Section 1070.51 specifies the
of the Bureau’s Chief FOIA Officer. The from subpart C and move it to a new
§ 1070.5 in subpart A. The Bureau also authority and responsibilities of the
Bureau proposed inserting two new Bureau’s Chief Privacy Officer. The
paragraphs. The first concerns the Chief proposed to renumber sections and
cross-references in subpart C to account Bureau proposed to add a new
FOIA Officer’s responsibility to offer paragraph at § 1070.51(a) authorizing
training to Bureau staff regarding their for this change. The Bureau received no
comments regarding these proposals, the Chief Privacy Officer to ‘‘[d]evelop,
responsibilities under the FOIA, and the implement, and maintain an
second concerns the Chief FOIA and it finalizes them without
modification. organization-wide privacy program’’
Officer’s role as the primary Bureau and to renumber the other paragraphs in
liaison with the OGIS and the Proposed § 1070.31 Service of § 1070.51 to reflect this change. This
Department of Justice’s Office of change is in accordance with National
Subpoenas, Court Orders, and Other
Information Policy. The Bureau also Institute of Standards and Technology
Demands for CFPB Information or
proposed to renumber the provisions in (NIST) Special Publication 800–53
Action
this section to accommodate these Revision 4, which provides that
changes. These changes are required by Proposed § 1070.31(d) agencies should ‘‘[appoint] a Senior
the FOIA Improvement Act of 2016. The Agency Official for Privacy (SAOP)/
Bureau received no comments on these Proposed § 1070.31(d) (formerly
§ 1070.32(d)) provides that the Bureau is Chief Privacy Officer (CPO) accountable
proposals and it finalizes them without for developing, implementing, and
modification. not authorized to accept on behalf of its
employees any subpoenas, orders, or maintaining an organization-wide
Subpart C—Disclosure of CFPB other demands or requests, which are governance and privacy program to
Information in Connection With Legal not related to the employees’ official ensure compliance with all applicable
Proceedings duties. The previous text of the laws and regulations regarding the
provision implied that it is the Bureau’s collection, use, maintenance, sharing,
Subpart C addresses the disclosure of and disposal of personally identifiable
Bureau information in connection with practice to accept such demands or
information (PII) by programs and
legal proceedings. The Bureau proposed requests ‘‘upon the express, written
information systems. . . .’’ The Bureau
several technical corrections throughout authorization of the individual CFPB proposed this change to clarify the
the subpart. The Bureau received no employee to whom such demand or authority of its Chief Privacy Officer.
comments regarding these technical request is directed.’’ The Bureau The Bureau received no comments on
corrections, and it finalizes them proposed to delete this part of the this proposal, and it finalizes the
without modification. provision because it is not the general proposal without modification.
Section 1070.30 Purpose and Scope; practice of the Bureau to accept service
on behalf of individual employees. The Section 1070.53 Request for Access to
Definitions Records
Bureau further proposed deleting the
Section 1070.30(a) paragraph’s introductory caveat, Section 1070.53(a) Procedures for
Section 1070.30(a) defines the ‘‘[e]xcept as otherwise provided in this Making a Request for Access to Records
circumstances for which the procedures subpart,’’ because the subpart does not Section 1070.53(a) specifies the
outlined in subpart C apply. The Bureau otherwise provide for the Bureau to act procedures for making Privacy Act
proposed to delete paragraph (a)(1) from as an agent for service for subpoenas, requests for records. The previous text
this provision and to renumber the orders, or other demands or requests distinguished between requests made in
section accordingly. This was intended that do not relate to employees’ official writing and by electronic means. The
as a technical change to account for conduct. The Bureau received no Bureau proposed a technical change to
moving § 1070.31 to subpart A. The comments regarding these proposals, this provision, to remove the phrase ‘‘or
Bureau received no comments regarding and it finalizes them without by electronic means’’ and add ‘‘as
this proposal, and it finalizes the modification. follows:’’ in its place. The Bureau also
proposal without modification. proposed changes to § 1070.53(a)(1) to
clarify how requesters must submit these impacts solely for the Touhy institutions or procedures applicable to
Privacy Act requests to the Bureau. The procedures as the remaining provisions such institutions.
Bureau proposed similar changes to of this rule are not promulgated under The final rule will not have a unique
§§ 1070.56(a) and 1070.58(b). The federal consumer financial protection impact on consumers in rural areas as
Bureau received no comments on this laws. The benefits and costs of those the rule does not distinguish
proposal and it finalizes the proposal provisions are discussed above. The information regarding consumers in
without modification. Bureau has consulted, or offered to rural areas or procedures applicable to
consult with, the prudential regulators such consumers.
Section 1070.56 Request For
Amendment of Records and the Federal Trade Commission, VII. Procedural Requirements
including consultation regarding
Section 1070.56(a) Procedures for consistency with any prudential, The Regulatory Flexibility Act, 5
Making Request market, or systemic objectives U.S.C. 601 et seq., as amended by the
administered by such agencies. Small Business Regulatory Enforcement
Section 1070.56(a)(2)(i) Fairness Act of 1996 (the RFA), requires
Section 1070.56(a)(2)(i) provides that The Bureau has chosen to consider
each agency to consider the potential
an individual requesting an amendment the benefits, costs, and impacts of the
impact of its regulations on small
of a record must identify the system of final rule as compared to the status quo,
entities, including small businesses,
records containing the record. The namely the Bureau’s regulations as set
small governmental units, and small
Bureau proposed to revise this provision forth by the Bureau on February 15,
not-for-profit organizations, unless the
to allow an individual to provide a 2013, 78 FR 11483 (Feb. 15, 2013).3 The
head of the agency certifies that the rule
description of the record in sufficient Bureau does not have data with which
will not have a significant economic
detail to allow Bureau personnel to to quantify the benefits or costs of the
impact on a substantial number of small
locate the system of records containing final rule, nor were any data provided
entities. The undersigned so certifies.
the record. This revision was intended by commenters. As such, the discussion The rule does not impose any
to provide a requester with more below considers the qualitative costs, obligations or standards of conduct for
flexibility in the event that the requester benefits, and impacts that the Bureau purposes of analysis under the RFA, and
does not know the precise name of the anticipates from the rule. The Bureau it therefore does not give rise to a
applicable system of records. also notes that the discussion below regulatory compliance burden for small
Furthermore, this proposal was should be read in conjunction with the entities.
consistent with § 1070.53(b)(2), which discussion of benefits and costs in the Finally, the Bureau has determined
specifies requirements for requests for Section-by-Section discussion above. that this rule does not impose any new
access to records. The Bureau received As relevant, the final rule revises recordkeeping, reporting, or disclosure
no comments on this proposal, and it subparts A and C of part 1070 of title 12 requirements on members of the public
finalizes the proposal without of the Code of Federal Regulations: The that would be collections of information
modification. revisions to Subpart A offer requiring approval under the Paperwork
clarifications of procedures related to Reduction Act, 44 U.S.C. 3501 et seq.
Section 1070.61 Training; Rules of the certification of authenticity of
Conduct; Penalties for Non-Compliance Bureau records and the service of VIII. Congressional Review Act
Section 1070.61 addresses, among summonses or complaints on the Pursuant to the Congressional Review
other things, the Bureau’s obligations to Bureau; the revisions to Subpart C Act (5 U.S.C. 801 et seq.), the Bureau
conduct privacy-related training and include organizational and clarifying will submit a report containing this rule
establish rules of conduct related to revisions to the provisions related to the and other required information to the
privacy. The Bureau proposed to replace Bureau’s Touhy regulations. U.S. Senate, the U.S. House of
references to ‘‘employees of Government As these revisions mainly include Representatives, and the Comptroller
contractors’’ with the term ‘‘contract clarifications, corrections and technical General of the United States prior to the
personnel’’ to avoid confusion with changes, they will have limited impacts rule’s published effective date. The
respect to § 1070.2(k) (proposed on consumers and covered persons. Office of Information and Regulatory
§ 1070.2(l)), which defines the term The final rule will not have an Affairs has designated this rule as not a
‘‘employee.’’ The Bureau received no appreciable impact on consumers’ ‘‘major rule’’ as defined by 5 U.S.C.
comments on this proposal, and it access to consumer financial products 804(2).
finalizes the proposal without or services, as the scope of the final rule List of Subjects in 12 CFR Part 1070
modification. is limited to matters related to access to
certain types of information, and does Confidential business information,
VI. Section 1022(b)(2)(A) of the Dodd- Consumer protection, Freedom of
not relate to credit access.
Frank Act information, Privacy.
The final rule will not have a unique
In developing this final rule, the impact on insured depository Authority and Issuance
Bureau has considered the potential institutions or insured credit unions
benefits, costs, and impacts as required For the reasons set forth in the
with $10 billion or less in assets as preamble, the Bureau amends 12 CFR
by section 1022(b)(2)(A) of the Dodd- described in section 1026(a) of the
Frank Act.2 This analysis describes part 1070 to read as follows:
Dodd-Frank Act as the rule does not
2 Section 1022(b)(2)(A) of the Dodd-Frank Act
distinguish information regarding such PART 1070—DISCLOSURE OF
addresses the consideration of the potential benefits RECORDS AND INFORMATION
and costs of regulation to consumers and covered and during the rulemaking, with appropriate
persons, including the potential reduction of access prudential regulators or other Federal agencies, ■ 1. The authority citation is revised to
by consumers to consumer financial products or regarding consistency with objectives those read as follows:
services; the impact on depository institutions and agencies administer.
credit unions with $10 billion or less in total assets 3 The Bureau has discretion in any rulemaking to Authority: 12 U.S.C. 5481 et seq.; 5 U.S.C.
as described in section 1026 of the Dodd-Frank Act; choose an appropriate scope of analysis with 552; 5 U.S.C. 552a; 18 U.S.C. 1905; 18 U.S.C.
and the impact on consumers in rural areas. Section respect to potential benefits and costs and an 641; 44 U.S.C. ch. 31; 44 U.S.C. ch. 35; 12
1022(b)(2)(B) directs the Bureau to consult, before appropriate baseline. U.S.C. 3401 et seq.
Subpart A—General Provisions and (c) Chief FOIA Officer means the Chief summons and complaint to the General
Definitions Operating Officer of the CFPB. Counsel.
* * * * * (c) When a CFPB employee is sued in
■ 2. Revise § 1070.1 to read as follows: an individual capacity for an act or
■ 4. Revise §§ 1070.3 and 1070.4 to read
omission occurring in connection with
§ 1070.1 Authority, purpose, and scope. as follows: duties performed on behalf of the CFPB
(a) Authority. (1) This part is issued § 1070.3 Custodian of records; (whether or not the officer or employee
by the Bureau of Consumer Financial certification; alternative authority. is also sued in an official capacity), the
Protection, an independent Bureau (a) Custodian of records. The Chief employee by law is to be served
within the Federal Reserve System, Operating Officer is the official personally with process. See Fed. R.
pursuant to the Consumer Financial custodian of all records of the CFPB, Civ. P. 4(i)(3). An employee sued in an
Protection Act of 2010, 12 U.S.C. 5481 including records that are in the individual capacity for an act or
et seq.; the Freedom of Information Act, possession or control of the CFPB or any omission occurring in connection with
5 U.S.C. 552; the Privacy Act of 1974, CFPB employee. duties performed on behalf of the CFPB
5 U.S.C. 552a; the Federal Records Act, shall immediately notify, and deliver a
(b) Certification of record. The Chief
44 U.S.C. 3101; the Paperwork copy of the summons and complaint to,
Operating Officer may certify the
Reduction Act, 44 U.S.C. 3501 et seq.; the General Counsel.
authenticity of any CFPB record or any
the Right to Financial Privacy Act of (d) The CFPB will only accept service
copy of such record, or the absence
1978, 12 U.S.C. 3401; the Trade Secrets of process for an employee sued in his
thereof, for any purpose, and for or
Act, 18 U.S.C. 1905; 18 U.S.C. 641; and or her official capacity. Documents for
before any duly constituted Federal or
any other applicable law that establishes which the General Counsel accepts
State court, tribunal, or agency.
a basis for the exercise of governmental service in official capacity shall be
authority by the CFPB. (c) Alternative authority. Any action
marked ‘‘Service Accepted in Official
or determination required or permitted
(2) This part establishes mechanisms Capacity Only.’’ Acceptance of service
to be done by the Chief Operating
for carrying out the CFPB’s statutory shall not constitute an admission or
Officer may be done by any employee
responsibilities under the statutes in waiver with respect to jurisdiction,
who has been duly designated for this
paragraph (a)(1) of this section to the propriety of service, improper venue, or
purpose by the Chief Operating Officer.
extent those responsibilities require the any other defense in law or equity
disclosure, production, or withholding § 1070.4 Records of the CFPB not to be available under applicable laws or rules.
of information. In this regard, the CFPB otherwise disclosed. ■ 6. Revise subparts B and C to read as
has determined that the CFPB, and its Except as provided by this part, follows:
delegates, may disclose information of employees or former employees of the Subpart B—Freedom of Information Act
the CFPB, in accordance with the CFPB, or others in possession of a
procedures set forth in this part, Sec.
record of the CFPB that the CFPB has 1070.10 General.
whenever it is necessary or appropriate not already made public, are prohibited 1070.11 Information made available;
to do so in the exercise of any of the from disclosing such records, without discretionary disclosures.
CFPB’s authority. The CFPB has authorization, to any person who is not 1070.12 Publication in the Federal Register.
determined that all such disclosures, an employee of the CFPB. 1070.13 Public inspection in an electronic
made in accordance with the rules and format.
■ 5. Add § 1070.5 to read as follows:
procedures specified in this part, are 1070.14 Requests for CFPB records.
authorized by law. § 1070.5 Service of summonses and 1070.15 Responsibility for responding to
(b) Purpose and scope. This part complaints. requests for CFPB records.
1070.16 Timing of responses to requests for
contains the CFPB’s rules relating to the (a) Only the General Counsel is CFPB records.
disclosure of records and information authorized to receive and accept 1070.17 Requests for expedited processing.
generated by and obtained by the CFPB. summonses or complaints sought to be 1070.18 Responses to requests for CFPB
(1) Subpart A contains general served upon the CFPB or CFPB records.
provisions and definitions used in this employees sued in their official 1070.19 Classified information.
part. capacity. Such documents should be 1070.20 Requests for business information
(2) Subpart B implements the provided to the CFPB.
served upon the General Counsel, 1070.21 Administrative appeals.
Freedom of Information Act, 5 U.S.C. Consumer Financial Protection Bureau, 1070.22 Fees for processing requests for
552. 1700 G Street NW, Washington, DC CFPB records.
(3) Subpart C sets forth the procedures 20552. This authorization for receipt 1070.23 Authority and responsibilities of
with respect to subpoenas, orders, or shall in no way affect the requirements the Chief FOIA Officer.
other requests for CFPB information in of service elsewhere provided in Subpart C—Disclosure of CFPB Information
connection with legal proceedings. applicable rules and regulations. in Connection With Legal Proceedings
(4) Subpart D provides for the (b) If, notwithstanding paragraph (a) Sec.
protection of confidential information of this section, any summons or 1070.30 Purpose and scope; definitions.
and procedures for sharing confidential complaint described in that paragraph is 1070.31 Service of subpoenas, court orders,
information with supervised delivered to an employee of the CFPB, and other demands for CFPB information
institutions, government Agencies, and the employee shall decline to accept the or action.
others in certain circumstances. proffered service and may notify the 1070.32 Testimony and production of
(5) Subpart E implements the Privacy person attempting to make service of the documents prohibited unless approved
Act of 1974, 5 U.S.C. 552a. regulations set forth herein. If, by the General Counsel.
1070.33 Procedure when testimony or
■ 3. Revise § 1070.2(c) to read as notwithstanding this instruction, an production of documents is sought;
follows: employee accepts service of a document general.
described in paragraph (a) of this 1070.34 Procedure when response to
§ 1070.2 General definitions. section, the employee shall immediately demand is required prior to receiving
* * * * * notify and deliver a copy of the instructions.
1070.35 Procedure in the event of an previously to any person under 5 U.S.C. orders made in the adjudication of
adverse ruling. 552(a)(3) and §§ 1070.14 through cases;
1070.36 Considerations in determining 1070.22, and which the CFPB (2) Those statements of policy and
whether the CFPB will comply with a determines have become or are likely to interpretations which have been
demand or request.
become the subject of subsequent adopted by the CFPB but are not
1070.37 Prohibition on providing expert or
opinion testimony. requests for substantially the same published in the Federal Register;
records. When the CFPB receives three (3) Its administrative staff manuals
Subpart B—Freedom of Information (3) or more requests for substantially the and instructions to staff that affect a
Act same records, then the CFPB shall also member of the public;
make the released records publicly (4) Copies of all records made
§ 1070.10 General. available. publicly available pursuant to § 1070.11;
This subpart contains the regulations and
of the CFPB implementing the Freedom § 1070.12 Publication in the Federal (5) A general index of the records
of Information Act (the FOIA), 5 U.S.C. Register. referred to in paragraph (a)(4) of this
552, as amended. These regulations set (a) Requirement. The CFPB shall section.
forth procedures for requesting access to separately state, publish and maintain (b) Information made available
records maintained by the CFPB. These current in the Federal Register for the online. For records required to be made
regulations should be read together with guidance of the public the following available for public inspection in an
the FOIA, the 1987 Office of information: electronic format pursuant to 5 U.S.C.
Management and Budget Guidelines for (1) Descriptions of its central and field 552(a)(2) (paragraphs (a)(1) through (4)
FOIA Fees, the CFPB’s Privacy Act organization and the established place of this section), as soon as practicable,
regulations set forth in subpart E of this at which, the persons from whom, and the CFPB shall make such records
part, and the FOIA web page on the the methods whereby, the public may available on its e-FOIA Library, located
CFPB’s website, http:// obtain information, make submissions at http://www.consumerfinance.gov.
www.consumerfinance.gov, which or requests, or obtain decisions; (c) Record availability at the on-site e-
provide additional information about (2) Statements of the general course FOIA Library. Any member of the public
this topic. and method by which its functions are may, upon request, access the CFPB’s e-
channeled and determined, including FOIA Library via a computer terminal at
§ 1070.11 Information made available; the nature and requirements of all 1700 G Street NW, Washington, DC
discretionary disclosures. formal and informal procedures 20552. Such a request may be made by
(a) In general. The FOIA provides for available; electronic means as set forth on the
public access to information and records (3) Rules of procedure, descriptions of CFPB’s website, http://
developed or maintained by Federal forms available or the places at which www.consumerfinance.gov, or in
agencies. Generally, the FOIA divides forms may be obtained, and instructions writing, to the Chief FOIA Officer,
agency information into three major as to the scope and contents of all Consumer Financial Protection Bureau,
categories and provides methods by papers, reports, or examinations; 1700 G Street NW, Washington, DC
which each category of information is to (4) Substantive rules of general 20552. The request must indicate a
be made available to the public. The applicability adopted as authorized by preferred date and time for the
three major categories of information are law, and statements of general policy or requested access. The CFPB reserves the
as follows: interpretations of general applicability right to arrange a different date and time
(1) Information required to be formulated and adopted by the CFPB; with the requester, if necessary.
published in the Federal Register (see and (d) Redaction of identifying details.
§ 1070.12); (5) Each amendment, revision, or To prevent a clearly unwarranted
(2) Information required to be made repeal of matters referred to in invasion of personal privacy, the CFPB
available for public inspection in an paragraphs (a)(1) through (4) of this may redact identifying details contained
electronic format or, in the alternative, section. in any matter described in paragraphs
to be published and offered for sale (see (b) Exceptions. Publication of the (a)(1) through (4) of this section before
§ 1070.13); and information under paragraph (a) of this making such matters available for
(3) Information required to be made section shall be subject to the inspection or publication. The
available to any member of the public application of the FOIA exemptions and justification for the redaction shall be
upon specific request (see §§ 1070.14 exclusions (5 U.S.C. 552(b) and (c)) and explained fully in writing, and the
through 1070.22). the limitations provided in 5 U.S.C. extent of such redaction shall be
(b) Discretionary disclosures. Even 552(a)(1). indicated on the portion of the record
though a FOIA exemption may apply to which is made available or published,
the information or records requested, § 1070.13 Public inspection in an unless including that indication would
the CFPB may, if not precluded by law, electronic format.
harm an interest protected by the
elect under the circumstances not to (a) In general. Subject to the exemption in 5 U.S.C. 552(b) under
apply the exemption. The fact that the application of the FOIA exemptions and which the redaction is made. If
exemption is not applied by the CFPB exclusions (5 U.S.C. 552(b) and (c)), the technically feasible, the extent of the
in response to a particular request shall CFPB shall, in conformance with 5 redaction shall be indicated at the place
have no precedential significance in U.S.C. 552(a)(2), make available for in the record where the redaction is
processing other requests. public inspection in an electronic made.
(c) Disclosures of records frequently format, including by posting on the
requested. Subject to the application of CFPB’s website, http:// § 1070.14 Requests for CFPB records.
the FOIA exemptions and exclusions (5 www.consumerfinance.gov, or, in the (a) In general. Subject to the
U.S.C. 552(b) and (c)), the CFPB shall alternative, promptly publish and offer application of the FOIA exemptions and
make publicly available, as provided by for sale the following information: exclusions (5 U.S.C. 552(b) and (c)), the
§ 1070.13, all records regardless of form (1) Final opinions, including CFPB shall promptly make its records
or format, which have been released concurring and dissenting opinions, and available to any person pursuant to a
request that conforms to the rules and request, the CFPB will deem itself to § 1070.15 Responsibility for responding to
procedures of this section. have received a request only if, and on requests for CFPB records.
(b) Form of request. A request for the date that, it receives a request that (a) In general. In determining which
records of the CFPB shall be made in contains substantially all of the records are responsive to a request, the
writing as follows: information required by and that CFPB ordinarily will include only
(1) If a request is submitted by mail otherwise conforms with paragraphs (b) records in its possession as of the date
or delivery service, it shall be addressed and (c) of this section. The CFPB need the CFPB begins its search for them. If
to the Chief FOIA Officer, Consumer not accept a request, process a request, any other date is used, the CFPB shall
Financial Protection Bureau, 1700 G or be bound by any deadlines in this inform the requester of that date.
Street NW, Washington, DC 20552. The subpart for processing a request that
request shall be labeled ‘‘Freedom of (b) Authority to grant or deny
fails to conform, in any material respect,
Information Act Request.’’ requests. The Chief FOIA Officer shall
to the requirements of paragraphs (b)
(2) If a request is submitted by be authorized to grant or deny any
and (c) of this section. If a request is
electronic means, it shall be submitted request for a record of the CFPB.
deficient in any material respect, then
as set forth on the CFPB’s website, the CFPB may return it to the requester (c) Consultations, referrals and
http://www.consumerfinance.gov. The and if it does so, it shall advise the coordination. When reviewing a record
request shall be labeled ‘‘Freedom of requester in what respect the request is in response to a request, the CFPB will
Information Act Request.’’ deficient, and what additional determine whether another agency is
(c) Content of request. (1) In order to better able to determine whether the
information is needed to respond to the
ensure the CFPB’s ability to respond in record is exempt from disclosure under
request. The requester may then amend
a timely manner, a FOIA request must the FOIA. As to any such record, the
or resubmit the request. A
describe the records that the requester agency must proceed in one of the
determination by the CFPB that a
seeks in sufficient detail to enable CFPB following ways:
request is deficient in any respect is not
personnel to locate them with a
a denial of a request for records and (1) Referral. (i) When a requested
reasonable amount of effort. Whenever
such determinations are not subject to record has been created by an agency
possible, the request should include
appeal. If a requester fails to respond to other than the CFPB, the CFPB shall
specific information about each record
a CFPB notification that a request is refer the record to that agency for a
sought, such as the date, title or name,
deficient within thirty (30) days of the direct response to the requester.
author, recipient, and subject matter of
CFPB’s notification, the CFPB will deem (ii) Whenever the CFPB refers any
the record. If known, the requester
the request withdrawn. part of the responsibility for responding
should include any file designations or
descriptions for the records requested. (e) Requests by an individual for to a request to another agency, it must
The more specific the requester is about CFPB records pertaining to that document the referral, maintaining a
the records or type of records requested, individual. An individual who wishes copy of the record that it refers, and
the more likely the CFPB will be able to to inspect or obtain copies of records of notify the requester of the referral,
locate those records in response to the the Bureau that pertain to that informing the requester of the name of
request; individual shall provide identity the agency to which the record was
(2) In order to ensure the CFPB’s verification in accordance with referred, including that agency’s FOIA
ability to communicate effectively with § 1070.53(c). contact information.
the requester, a request should include (f) Requests for CFPB records (2) Consultation. When a FOIA
contact information for the requester, pertaining to another individual. Where request is received for a record created
including the name of the requester and, a request for records pertains to a third by the CFPB that includes information
to the extent available, a mailing party, a requester may receive greater originated by another agency, the CFPB
address, telephone number, and email access by submitting either a notarized shall consult the originating agency for
address at which the CFPB may contact authorization signed by that individual review and recommendation on
the requester regarding the request; or a declaration by that individual made disclosure. The CFPB shall not release
(3) The request should state whether in compliance with the requirements set any such records without prior
the requester wishes to receive the forth in 28 U.S.C. 1746 authorizing consultation with the originating
records in a specific format; disclosure of the records to the agency.
(4) A requester should indicate in the requester, or submits proof that the
request whether the requester is a (3) Coordination. The standard
individual is deceased (e.g., a copy of a referral procedure is not appropriate
commercial user, an educational death certificate or an obituary). The
institution, non-commercial scientific where disclosure of the identity of the
CFPB may require a requester to supply agency to which the referral would be
institution, representative of the news additional information if necessary in
media, or ‘‘other’’ requester, as those made could harm an interest protected
order to verify that a particular by an applicable exemption, such as the
terms are defined in § 1070.22(b), and individual has consented to disclosure.
the basis for claiming that fee category; exemptions that protect personal
(5) If a requester seeks a waiver or (g) Assistance from FOIA Public privacy or national security interests. In
reduction of fees associated with Liaison. Requesters may contact the such instances, in order to avoid harm
processing a request, then the request CFPB’s FOIA Public Liaison to seek to an interest protected by an applicable
shall include a statement to that effect assistance in determining the exemption, the agency that received the
as is required by § 1070.22(e); and appropriate fee category, formatting of request should coordinate with the
requests, or resolving any problems that originating agency to seek its views on
(6) If a requester seeks expedited

processing of a request, then the request arise prior to submitting a request or the disclosability of the record. The
must include a statement to that effect during the processing of a request. The release determination for the record that
as is required by § 1070.17. FOIA Public Liaison can be contacted at is the subject of the coordination should
(d) Perfected requests; effect of the telephone number listed on the then be conveyed to the requester by the
request deficiencies. For purposes of CFPB’s website, http:// agency that originally received the
computing its deadline to respond to a www.consumerfinance.gov. request.
§ 1070.16 Timing of responses to requests FOIA Public Liaison and the Office of of the news media must establish that
for CFPB records. Government Information Services the requester is a person whose primary
(a) In general. Except as set forth in (OGIS). professional activity or occupation is
paragraphs (b) through (d) of this (2) As used in this paragraph (d), information dissemination, though it
section, and § 1070.17, the CFPB shall ‘‘unusual circumstances’’ means: need not be the requester’s sole
respond to requests according to their (i) The need to search for and collect occupation. Such a requester also must
order of receipt. the requested records from field establish a particular urgency to inform
(b) Multitrack processing. (1) The facilities or other establishments that are the public about the government activity
CFPB may establish separate tracks to separate from the office processing the involved in the request—one that
process simple and complex requests. request; extends beyond the public’s right to
The CFPB may assign a request to the (ii) The need to search for, collect, know about government activity
simple or complex track(s) based on the and appropriately examine a generally. The existence of numerous
amount of work and/or time needed to voluminous amount of separate and articles published on a given subject can
process the request. The CFPB shall distinct records which are demanded in be helpful in establishing the
process requests in each track based on a single request; or requirement that there be an ‘‘urgency to
the date the request was perfected in (iii) The need for consultation, which inform’’ the public on the topic.
accordance with § 1070.14(d). shall be conducted with all practicable (3) The requester shall certify the
(2) The CFPB may provide a requester speed, with another agency having a written statement that purports to
in its complex track with an opportunity substantial interest in the determination demonstrate a compelling need for
to limit the scope of the request to of the request, or among two or more expedited processing to be true and
qualify for faster processing within the CFPB offices having substantial subject correct to the best of the requester’s
specified limits of the simple track(s). matter interest therein. knowledge and belief. The certification
(c) Time period for responding to must be in the form prescribed by 28
requests for records. Ordinarily, the § 1070.17 Requests for expedited U.S.C. 1746: ‘‘I declare under penalty of
CFPB shall have twenty (20) business processing. perjury that the foregoing is true and
days from when a request is received by (a) In general. The CFPB shall process correct to the best of my knowledge and
the CFPB to determine whether to grant a request on an expedited basis belief. Executed on [date].’’ The
or deny a request for records. The whenever a requester demonstrates a requester shall mail or submit
twenty (20) business day time period set compelling need for expedited electronically a copy of such written
forth in this paragraph (c) shall not be processing in accordance with the certification to the Chief FOIA Officer as
tolled by the CFPB except that the CFPB requirements of this paragraph (a) or in set forth in § 1070.14(b). The CFPB may
may: other cases that the CFPB deems waive this certification requirement in
(1) Make one reasonable demand to appropriate. appropriate circumstances.
the requester for clarifying information (b) Form and content of a request for (c) Determinations of requests for
about the request and toll the twenty expedited processing. A request for expedited processing. Within ten (10)
(20) business day time period while it expedited processing shall be made as calendar days of its receipt of a request
awaits the clarifying information; or follows: for expedited processing, the CFPB shall
(2) Toll the twenty (20) business day (1) A request for expedited processing decide whether to grant it and shall
time period while it awaits clarification shall be made in writing and submitted notify the requester of the determination
from or addresses any dispute with the as part of a request for records in in writing.
requester regarding the assessment of accordance with § 1070.14(b), or at any (d) Effect of granting requests for
fees. time during the processing of the expedited processing. If the CFPB grants
(d) Unusual circumstances. (1) Where request. When a request for records a request for expedited processing, then
the CFPB determines that due to includes a request for expedited the CFPB shall give the expedited
unusual circumstances it cannot processing, the request shall be labeled request priority over non-expedited
respond either to a request within the ‘‘Expedited Processing Requested.’’ requests and shall process the expedited
time period set forth in paragraph (c) of (2) A request for expedited processing request as soon as practicable. The
this section or to an appeal within the shall contain a statement that CFPB may assign expedited requests to
time period set forth in § 1070.21, the demonstrates a compelling need for the their own simple and complex
CFPB may extend the applicable time requester to obtain expedited processing processing tracks based upon the
periods by informing the requester in of the requested records. A ‘‘compelling amount of work and/or time needed to
writing of the unusual circumstances need’’ is defined as follows: process them. Within each such track,
and of the date by which the CFPB (i) Failure to obtain the requested an expedited request shall be processed
expects to complete its processing of the records on an expedited basis could in the order of its receipt.
request or appeal. Any extension or reasonably be expected to pose an (e) Appeals of denials of requests for
extensions of time with respect to a imminent threat to the life or physical expedited processing. If the CFPB
request or an appeal shall not safety of an individual. The requester denies a request for expedited
cumulatively total more than ten (10) shall fully explain the circumstances processing, then the requester shall have
business days. However, if the CFPB warranting such an expected threat so the right to submit an appeal of the
determines that it needs additional time that the CFPB may make a reasoned denial determination in accordance
beyond a ten (10) business day determination that a delay in obtaining with § 1070.21. The CFPB shall
extension to process a request, then the the requested records could pose such a communicate this appeal right as part of
CFPB shall notify the requester, provide its written notification to the requester
threat; or
the requester with an opportunity to (ii) With respect to a request made by denying expedited processing. The
limit the scope of the request, arrange a person primarily engaged in requester shall label its appeal request
for an alternative time frame for disseminating information, urgency to ‘‘Appeal for Expedited Processing.’’ The
processing the request, or modify the inform the public concerning actual or CFPB shall act expeditiously upon an
request, and notify the requester of the alleged Federal government activity. A appeal of a denial of a request for
availability of services provided by its requester who is not a full-time member expedited processing.
§ 1070.18 Responses to requests for CFPB (4) If it is determined that the request 0348. This information is provided as a
records. for records should be denied in whole public service only. By providing this
(a) Acknowledgements of requests. or in part, the requester shall be notified information, the CFPB does not commit
Upon receipt of a request, the CFPB will by mail or by email. The letter of to refer disputes to OGIS.
assign to the request a unique tracking notification shall: (d) Format of records disclosed. (1)
number. The CFPB will send an (i) State the exemptions relied upon The CFPB will provide records in the
acknowledgement letter to the requester in denying the request; requested format if the records can
by mail or email within ten (10) (ii) If technically feasible, indicate the readily be reproduced from the original
calendar days of receipt of the request. amount of information deleted and the file to that specific format.
The acknowledgment letter will contain exemptions under which the deletion is (2) The CFPB may charge fees
the following information: made at the place in the record where associated with converting records or
(1) The applicable request tracking such deletion is made (unless providing files into the requested format in
number; such indication would harm an interest accordance with § 1070.22.
(2) The date of receipt of the request, protected by the exemption relied upon
as determined in accordance with to deny such material); § 1070.19 Classified information.
§ 1070.14(d), as well as the date when (iii) Set forth the name and title or Whenever a request is made for a
the requester may expect a response; position of the responsible official; record containing information that
(3) A brief statement identifying the (iv) Advise the requester of the right another agency has classified, or which
subject matter of the request; and to seek dispute resolution services from may be appropriate for classification by
(4) A confirmation, with respect to the Bureau’s FOIA Public Liaison or the another agency under Executive Order
any fees that may apply to the request Office of Governmental Information 13526 or any other executive order
pursuant to § 1070.22, that the requester Services; concerning the classification of
has sought a waiver or reduction in such (v) Advise the requester of the right to information, the CFPB shall refer the
fees, has agreed to pay any and all administrative appeal in accordance responsibility for responding to the
applicable fees, or has specified an with § 1070.21; and request to the classifying or originating
upper limit that the requester is willing (vi) Specify the official or office to agency, as appropriate.
to pay in fees to process the request. which such appeal shall be submitted.
(b) Initial determination to grant or (5) If it is determined, after a § 1070.20 Requests for business
deny a request. (1) The officer reasonable search for records, that no information provided to the CFPB.
designated in § 1070.15(b), or his or her responsive records have been found to (a) In general. Business information
delegate, shall make initial exist, the requester shall be notified in provided to the CFPB by a business
determinations either to grant or to deny writing or by email. The notification submitter shall not be disclosed
in whole or in part requests for records. shall also advise the requester of the pursuant to a FOIA request except in
(2) If the request is granted in full or right to administratively appeal the accordance with this section.
in part, and if the requester requests a CFPB’s determination that no (b) Definitions. For purposes of this
copy of the records requested, then a responsive records exist (i.e., to section:
copy of the records shall be mailed or challenge the adequacy of the CFPB’s (1) Business information means
emailed to the requester in the search for responsive records) in commercial or financial information
requested format, to the extent the accordance with § 1070.21. The obtained by the CFPB from a submitter
records are readily producible in the response shall specify the official or that may be protected from disclosure
requested format. The CFPB shall also office to which the appeal shall be under Exemption 4 of the FOIA, 5
send the requester a statement of the submitted for review. U.S.C. 552(b)(4).
applicable fees, either at the time of the (c) Resolution of disputes. The CFPB (2) Submitter means any person from
determination or shortly thereafter, and is committed to efficiently resolving whom the CFPB obtains business
inform the requester of the availability disputes during the request process. The information, directly or indirectly. The
of its FOIA Public Liaison to offer following resources are available to term includes, without limitation,
assistance. requesters to resolve any disputes that corporations, State, local, and tribal
(3) In the case of a request for may arise during the request process: governments, and foreign governments.
inspection, the requester shall be (1) FOIA Public Liaison. Any request (c) Designation of business
notified in writing of the determination, related questions or concerns should be information. A submitter of business
when and where the requested records directed to the FOIA Public Liaison, information will use good-faith efforts to
may be inspected, and of the fees who is responsible for reducing delays, designate, by appropriate markings,
incurred in complying with the request. increasing transparency and either at the time of submission or at a
The CFPB shall then promptly make the understanding of the status of requests, reasonable time thereafter, any portions
records available for inspection at the and assisting in the resolution of of its submission that it considers to be
time and place stated, in a manner that disputes. protected from disclosure under
will not interfere with CFPB’s (2) Dispute resolution. The National Exemption 4 of the FOIA. These
operations and will not exclude other Archives and Records Administration designations will expire ten (10) years
persons from making inspections. The (NARA), Office of Government after the date of the submission unless
requester shall not be permitted to Information Services (OGIS) offers non- the submitter requests otherwise and
remove the records from the room compulsory, non-binding dispute provides justification for, a longer
where inspection is made. If, after resolution services to help resolve FOIA designation period.
making inspection, the requester desires disputes. A requester may contact OGIS (d) Notice to submitters. The CFPB
copies of all or a portion of the directly at Office of Government shall provide a submitter with prompt
requested records, copies shall be Information Services, National Archives written notice of receipt of a request or
furnished upon payment of the and Records Administration, Room appeal encompassing its business
established fees prescribed by § 1070.22. 2510, 8601 Adelphi Road, College Park, information whenever required in
Fees may be charged for search and MD 20740–6001, Email: ogis@nara.gov, accordance with paragraph (e) of this
review time as stated in § 1070.22. Phone: (301) 837–1996, Fax: (301) 837– section. Such written notice shall either
describe the exact nature of the business notice has been given to the submitter. (5) To deny a request for expedited
information requested or provide copies The requester shall be further advised processing (as provided in § 1070.17(e)).
of the records or portions of records that a delay in responding to the request (b) Time limits for filing
containing the business information. may be considered a denial of access to administrative appeals. An appeal,
When notification of a voluminous records and that the requester may other than an appeal of a denial of
number of submitters is required, proceed with an administrative appeal expedited processing, must be
notification may be made by posting or or seek judicial review, if appropriate. postmarked or submitted electronically
publishing the notice in a place However, the requester will be invited on a date that is within ninety (90)
reasonably likely to accomplish it. to agree to a voluntary extension of time calendar days after the date the initial
(e) When notice is required. (1) The so that the CFPB may review the determination is sent to the requester or
CFPB shall provide a submitter with submitter’s objection to disclose, if any. the date of the letter transmitting the
notice of receipt of a request or appeal (g) Notice of intent to disclose. The last records released, whichever is later.
whenever: CFPB shall consider a submitter’s An appeal of a denial of expedited
(i) The information has been objections and specific grounds for processing must be made within ten (10)
designated in good faith by the nondisclosure prior to determining days of the date of the initial
submitter as information considered whether to disclose business determination letter to deny expedited
protected from disclosure under information. Whenever the CFPB processing (see § 1070.17).
Exemption 4; or decides to disclose business information (c) Form and content of
(ii) The CFPB has reason to believe over the objection of a submitter, the administrative appeals. In order to
that the information may be protected CFPB shall forward to the submitter a ensure a timely response to an appeal,
from disclosure under Exemption 4. written notice which shall include: the appeal shall be made in writing as
(2) The notice requirements of this (1) A statement of the reasons for follows:
paragraph (e) shall not apply if: (1) If appeal is submitted by mail or
which the submitter’s disclosure
(i) The CFPB determines that the delivery service, it shall be addressed to
objections were not sustained;
information is exempt under the FOIA; and submitted to the officer specified in
(ii) The information lawfully has been (2) A description of the business
paragraph (e) of this section at the
published or otherwise made available information to be disclosed; and
address set forth in § 1070.14(b). The
to the public; (3) A specified disclosure date which appeal shall be labeled ‘‘Freedom of
(iii) Disclosure of the information is is not less than ten (10) business days Information Act Appeal.’’
required by statute (other than the after the notice of the final decision to (2) If an appeal is submitted by
FOIA) or by a regulation issued in release the requested information has electronic means, it shall be addressed
accordance with the requirements of been mailed to the submitter. Except as to the officer specified in paragraph (e)
Executive Order 12600 (3 CFR, 1988 otherwise prohibited by law, a copy of of this section and submitted as set forth
Comp., p. 235); or the disclosure notice shall be forwarded on the CFPB’s website, http://
(iv) The designation made by the to the requester at the same time. www.consumerfinance.gov. The appeal
submitter under paragraph (e)(1)(i) of (h) Notice to submitter of FOIA shall be labeled ‘‘Freedom of
this section appears obviously frivolous, lawsuit. Whenever a requester brings Information Act Appeal.’’
except that, in such a case, the CFPB suit seeking to compel disclosure of (3) The appeal shall set forth contact
shall, within a reasonable time prior to business information, the CFPB shall information for the requester, including,
a specified disclosure date, give the promptly notify the submitter of that to the extent available, a mailing
submitter written notice of any final business information of the existence of address, telephone number, or email
decision to disclose the information. the suit. address at which the CFPB may contact
(f) Opportunity to object to disclosure (i) Notice to requester of business the requester regarding the appeal; and
before release. (1) Through the notice information. The CFPB shall notify a (4) The appeal shall specify the
described in paragraph (d) of this requester whenever it provides the applicable request tracking number, the
section, the CFPB shall delay any submitter with notice and an date of the initial request, and the date
release in order to afford a submitter ten opportunity to object to disclosure; of the letter of initial determination,
(10) business days from the date of the whenever it notifies the submitter of its and, where possible, enclose a copy of
notice to provide the CFPB with a intent to disclose the requested the initial request and the initial
detailed statement of any objection to information; and whenever a submitter determination being appealed.
disclosure. Such statement shall specify files a lawsuit to prevent the disclosure (d) Processing of administrative
all grounds for withholding any of the of the information. appeals. The FOIA office will record the
information under any exemption of the date that appeals are received. The
§ 1070.21 Administrative appeals.
FOIA and, in the case of Exemption 4, receipt of the appeal will be
shall demonstrate why the information (a) Grounds for administrative acknowledged by the CFPB and the
is considered to be a trade secret or appeals. A requester may appeal an requester will be advised of the date the
commercial or financial information initial determination of the CFPB, appeal was received, the appeal tracking
that is privileged or confidential. In the including for the following reasons: number, and the expected date of
event that a submitter fails to respond (1) To deny access to records in whole response.
to the notice within the time specified or in part (as provided in § 1070.18(b)); (e) Determinations to grant or deny
in it, the submitter shall be considered (2) To assign a particular fee category administrative appeals. The General
to have no objection to disclosure of the to the requester (as provided in Counsel is authorized to and shall
§ 1070.22(b)); decide whether to affirm the initial
information. Information provided by a

submitter pursuant to this paragraph (f) (3) To deny a request for a reduction determination (in whole or in part), to
may itself be subject to disclosure under or waiver of fees (as provided in reverse the initial determination (in
the FOIA. § 1070.22(e)); whole or in part) or to remand the initial
(2) When notice is given to a (4) That no records exist that are determination to the Chief FOIA Officer
submitter under this section, the responsive to the request (as provided in for further action and shall notify the
requester shall be advised that such § 1070.18(b)); or requester of this decision in writing
within twenty (20) business days after the amounts set forth in this paragraph whenever only administrative/clerical
the date of receipt of the appeal, unless (a), by determining an appropriate fee employees review records and at the
extended pursuant to § 1070.16(d). category for the requester (as set forth in rate of $23.00 per fifteen (15) minutes of
(1) If it is decided that the appeal is paragraph (b) of this section) and then search time whenever only professional/
to be denied (in whole or in part) the by charging the requester those fees executive employees review records.
requester shall be: applicable to the assigned category (as Fees shall be charged for review time
(i) Notified in writing of the denial; set forth in paragraph (c) of this section), even if records ultimately are not
(ii) Notified of the reasons for the unless circumstances exist (as described disclosed.
denial, including which of the FOIA in paragraph (d) of this section) that (4) Fees for all services provided shall
exemptions were relied upon; render fees inapplicable or unless the be charged whether or not copies are
(iii) Notified of the name and title or requester has requested and the CFPB made available to the requester for
position of the official responsible for has granted a reduction in or waiver of inspection. However, no fee shall be
the determination on appeal; fees (as set forth in paragraph (e) of this charged for monitoring a requester’s
(iv) Provided with a statement that section). inspection of records.
judicial review of the denial is available (1) The CFPB shall charge a requester (5) Other services and materials
in the United States District Court for fees for the cost of copying or printing requested which are not covered by this
the judicial district in which the records at the rate of $0.10 per page. part nor required by the FOIA are
requester resides or has a principal (2) The CFPB shall charge a requester chargeable at the actual cost to the
place of business, the judicial district in for all time spent by its employees CFPB. This includes, but is not limited
which the requested records are located, searching for records that are responsive to:
or the District of Columbia in to a request. The CFPB shall charge the (i) Certifying that records are true
accordance with 5 U.S.C. 552(a)(4)(B); requester fees for search time as follows: copies; or
and (i) The CFPB shall charge for search
(ii) Sending records by special
(v) Provided with notification that time at the salary rate(s) (basic pay plus
methods such as express mail, etc.
dispute resolution services are available sixteen (16) percent) of the employee(s)
who conduct the search. However, the (b) Categories of requesters. (1) For
to the requester as a non-exclusive purposes of assessing fees as set forth in
alternative to litigation through the CFPB shall charge search fees at the rate
of $9.00 per fifteen (15) minutes of this section, each requester shall be
Office of Government Information assigned to one of the following
Services in accordance with 5 U.S.C. search time whenever only
administrative/clerical employees categories:
552(h)(3). Dispute resolution is a (i) Commercial user refers to one who
voluntary process. If the CFPB agrees to conduct a search and at the rate of
$23.00 per fifteen (15) minutes of search seeks information for a use or purpose
participate in the dispute resolution that furthers the commercial, trade, or
services provided by the Office of time whenever only professional/
executive employees conduct a search. profit interests of the requester or the
Governmental Information Services, it person on whose behalf the request is
will actively engage as a partner to the Search charges shall also include
transportation of employees and records made, which can include furthering
process in an attempt to resolve the those interests through litigation. The
dispute. necessary to the search at actual cost.
Fees may be charged for search time CFPB’s decision to place a requester in
(2) If the initial determination is
even if the search does not yield any the commercial use category will be
reversed on appeal, the requester shall
responsive records, or if records are made on a case-by-case basis based on
be so notified and the request shall be
exempt from disclosure. how the requester will use the
processed promptly in accordance with
(ii) The CFPB shall charge the information.
the decision on appeal.
(3) If the initial determination is requester for the actual direct costs of (ii) Educational institution refers to
remanded on appeal to the Chief FOIA conducting an electronic records search, any school that operates a program of
Officer for further action, the requester including computer search time, runs, scholarly research. A requester in this
shall be so notified and the request shall and output. The CFPB shall also charge fee category must show that the request
be processed in accordance with the for time spent by computer operators or is made in connection with his or her
decision on appeal. The remanded programmers (at the rates set forth in role at the educational institution.
request shall be treated as a new request paragraph (a)(2)(i) of this section) who Agencies may seek verification from the
received by the CFPB as of the date conduct or assist in the conduct of an requester that the request is in
when the General Counsel transmits the electronic records search. furtherance of scholarly research and
remand notification to the requester. (3) The CFPB shall charge a requester agencies will advise requesters of their
The procedures and deadlines set forth for time spent by its employees placement in this category.
in this subpart for processing, deciding, examining responsive records to Example 1 to paragraph (b)(1)(ii). A
responding to, and filing administrative determine whether any portions of such request from a professor of geology at a
appeals of new FOIA requests shall record are exempt from disclosure, university for records relating to soil
apply to the remanded request. pursuant to the FOIA exemptions of 5 erosion, written on letterhead of the
(f) Adjudication of administrative U.S.C. 552(b). The CFPB shall also Department of Geology, would be
appeals of requests in litigation. An charge a requester for time spent by its presumed to be from an educational
appeal ordinarily will not be employees redacting any such exempt institution.
adjudicated if the request becomes a information from a record and preparing Example 2 to paragraph (b)(1)(ii). A
matter of FOIA litigation. a record for release to the requester. The request from the same professor of
CFPB shall charge a requester for time geology seeking drug information from
§ 1070.22 Fees for processing requests for spent reviewing records at the salary the Food and Drug Administration in
CFPB records. rate(s) (i.e., basic pay plus sixteen (16) furtherance of a murder mystery he is
(a) In general. The CFPB shall percent) of the employees who conduct writing would not be presumed to be an
determine whether and to what extent the review. However, the CFPB shall institutional request, regardless of
to charge a requester fees for processing charge review fees at the rate of $9.00 whether it was written on institutional
a FOIA request, for the services and in per fifteen (15) minutes of search time stationery.
Example 3 to paragraph (b)(1)(ii). A determination in the request located. Requests from persons for
student who makes a request in acknowledgment letter, or if no such records about themselves filed in the
furtherance of their coursework or other letter is required, in another writing. CFPB’s systems of records shall
school-sponsored activities and Where the CFPB has reasonable cause to continue to be treated under the fee
provides a copy of a course syllabus or doubt the use to which a requester will provisions of the Privacy Act of 1974, 5
other reasonable documentation to put the records sought, or where that U.S.C. 552a, which permit fees only for
indicate the research purpose for the use is not clear from the request itself, duplication, after the first one hundred
request, would qualify as part of this fee the CFPB should seek additional (100) pages are furnished free of charge.
category. clarification before assigning the request (d) Other circumstances when fees are
(iii) Non-commercial scientific to a specific category. not charged. In the following situations
institution refers to an institution that is (3) If the CFPB assigns to a requester the CFPB may not charge a requester
not operated on a ‘‘commercial user’’ a fee category, then the requester shall certain FOIA processing fees.
basis as that term is defined in have the right to submit an appeal of the (1) If the cost of collecting a fee would
paragraph (b)(2)(i) of this section, and CFPB’s determination in accordance be equal to or greater than the total
which is operated solely for the purpose with § 1070.21. The CFPB shall FOIA processing fee, then the CFPB
of conducting scientific research, the communicate this appeal right as part of shall not charge a requester any FOIA
results of which are not intended to its written notification to the requester processing fees.
promote any particular product or of an adverse fee category (2) If the total search and review fees
industry. determination. The requester shall label are less than $250, then the CFPB shall
(iv) Representative of the news media its appeal request ‘‘Appeal of Fee not charge a requester any search and
refers to any person or entity that Category Determination.’’ review fees.
gathers information of potential interest (c) Fees applicable to each category of (3) If the CFPB has waived or reduced
to a segment of the public, uses its requester. The following fee schedule FOIA processing fees in accordance
editorial skills to turn the raw materials applies uniformly throughout the CFPB with paragraph (e) of this section, then
into a distinct work, and distributes that to requests processed under the FOIA.
the CFPB shall not charge the portion of
work to an audience. In this paragraph Specific levels of fees are prescribed for
the FOIA processing fees that has been
(b)(1)(iv), the term ‘‘news’’ means each category of requester defined in
waived or reduced.
information that is about current events paragraph (b) of this section.
(1) Commercial users shall be charged (4) If the CFPB fails to comply with
or that would be of current interest to
the full direct costs of searching for, any time limit under § 1070.15 or
the public. Examples of news-media
reviewing, and duplicating the records § 1070.21, then the CFPB shall not
entities are television or radio stations
they request. Moreover, when a request assess search fees or if the requester is
broadcasting to the public at large and
is received for disclosure that is a representative of the news media or an
publishers of periodicals (but only if
such entities qualify as disseminators of primarily in the commercial interest of educational or noncommercial scientific
‘‘news’’) who make their products the requester, the CFPB is not required institution, then the CFPB shall not
available for purchase by or to consider a request for a waiver or assess duplication fees, unless:
subscription by or free distribution to reduction of fees based upon the (i) A court has determined that
the general public. Other examples of assertion that disclosure would be in the exceptional circumstances, as defined
news media entities include online public interest. The CFPB may recover by the FOIA, exist; or
publications and websites that regularly the cost of searching for and reviewing (ii) The CFPB has determined that
deliver news content to the public. records even if there is ultimately no unusual circumstances apply to the
These examples are not all-inclusive. disclosure of records or no records are processing of the request; and
Moreover, as methods of news delivery located. (A) Provided timely written notice to
evolve (for example, the adoption of the (2) Educational and non-commercial the requester of the unusual
electronic dissemination of newspapers scientific institution requesters shall be circumstances in accordance with
through telecommunications services), charged only for the cost of duplicating § 1070.16(d);
such alternative media shall be the records they request, except that the (B) Determined that more than 5,000
considered to be news-media entities. A CFPB shall provide the first one pages are necessary to respond to the
freelance journalist shall be regarded as hundred (100) pages of duplication free request; and
working for a news-media entity if the of charge. (C) Discussed with the requester via
journalist can demonstrate a solid basis (3) Representatives of the news media mail, email, or telephone (or made not
for expecting publication through that shall be charged only for the cost of less than three good-faith attempts to do
entity, whether or not the journalist is duplicating the records they request, so) how the requester could effectively
actually employed by the entity. A except that the CFPB shall provide them limit the scope of the request.
publication contract would present a with the first one hundred (100) pages (5) If the CFPB determines, as a matter
solid basis for such an expectation; the of duplication free of charge. of administrative discretion, that
CFPB may also consider the past (4) Other requesters who do not fit waiving or reducing the fees would
publication record of the requester in any of the categories described in serve the interest of the United States
making such a determination. paragraphs (c)(1) through (3) of this Government.
(v) Other requester refers to a section shall be charged the full direct (e) Waiver or reduction of fees. (1) A
requester who does not fall within any cost of searching for and duplicating requester shall be entitled to receive
of the categories described in records that are responsive to the from the CFPB a waiver or reduction in
request, except that the CFPB shall the fees otherwise applicable to a FOIA
paragraphs (b)(1)(i) through (iv) of this

section. provide the first one hundred (100) request whenever the requester:
(2) Within twenty (20) calendar days pages of duplication and the first two (i) Requests such waiver or reduction
of its receipt of a request, the CFPB shall hours of search time free of charge. The of fees in writing as part of the FOIA
make a determination as to the proper CFPB may recover the cost of searching request;
fee category to apply to a requester. The for records even if there is ultimately no (ii) Labels the request for waiver or
CFPB shall inform the requester of the disclosure of records, or no records are reduction of fees ‘‘Fee Waiver or
Reduction Requested’’ on the FOIA explanatory information regarding this given an opportunity to reformulate the
request; and consideration. request in an attempt to reduce fees.
(iii) Demonstrates that the fee (ii) A fee waiver or reduction is (3) If the fees are estimated to exceed
reduction or waiver request that a justified where the public interest $1000, the requester must pre-pay such
waiver or reduction of the fees is in the standard is satisfied and that public amount prior to the processing of the
public interest because: interest is greater in magnitude than that request, or provide satisfactory
(A) Furnishing the information is of any identified commercial interest in assurance of full payment if the
likely to contribute significantly to disclosure. The CFPB ordinarily shall requester has a history of prompt
public understanding of the operations presume that where a news media payment of FOIA fees. The requester
or activities of the government; and requester has satisfied the public shall also be given an opportunity to
(B) Furnishing the information is not interest standard, the public interest reformulate the request in such a way as
primarily in the commercial interest of will be the interest primarily served by to lower the applicable fees.
the requester. disclosure to that requester. Disclosure (4) The CFPB reserves the right to
(2) To determine whether the to data brokers or others who merely request prepayment after a request is
requester has satisfied the requirements compile and market government processed and before documents are
of paragraph (e)(1)(iii)(A) of this section, information for direct economic return released.
shall not be presumed to primarily serve (5) If a requester has previously failed
the CFPB shall consider the following
the public interest. to pay a fee within thirty (30) calendar
factors:
(4) Where only some of the records to days of the date of the billing, the
(i) The subject of the requested
be released satisfy the requirements for requester shall be required to pay the
records must concern identifiable
a waiver of fees, a waiver shall be full amount owed plus any applicable
operations or activities of the Federal
granted for those records. interest and to make an advance
government, with a connection that is
(5) If the CFPB denies a request to payment of the full amount of the
direct and clear, and not remote or estimated fee before the CFPB begins to
attenuated. reduce or waive fees, then the CFPB
shall advise the requester, in the denial process a new request or the pending
(ii) The disclosable portions of the request.
requested records must be meaningfully notification letter, that the requester
may incur fees if the CFPB proceeds to (6) When the CFPB acts under
informative about government paragraphs (f)(1) through (5) of this
operations or activities in order to be process the request. The notification
letter shall also advise the requester that section, the statutory time limits of
‘‘likely to contribute’’ to an increased twenty (20) days (excluding Saturdays,
public understanding of those the CFPB will not proceed to process
the request further unless the requester, Sundays, and legal public holidays)
operations or activities. The disclosure from receipt of initial requests or
of information that already is in the in writing, directs the CFPB to do so and
either agrees to pay any fees that may appeals, plus extensions of these time
public domain, in either a duplicative or limits, shall begin only after fees have
a substantially similar form, is not as apply to processing the request or
specifies an upper limit that the been paid, a written agreement to pay
likely to contribute to the public’s fees has been provided, or a request has
understanding. requester is willing to pay to process the
request. If the CFPB does not receive been reformulated.
(iii) The disclosure must contribute to (g) Form of payment. Payment may be
this written direction and agreement/
the understanding of a reasonably broad tendered as set forth on the CFPB’s
specification within thirty (30) calendar
audience of persons interested in the website, http://www.consumerfinance.
days of the date of the denial
subject, as opposed to the individual gov.
notification letter, then the CFPB shall
understanding of the requester. A (h) Charging interest. The CFPB may
deem the request to be withdrawn.
requester’s expertise in the subject area charge interest on any unpaid bill
(6) If the CFPB denies a request to
and ability and intention to effectively starting on the 31st day following the
reduce or waive fees, then the requester
convey information to the public shall date of billing the requester. Interest
shall have the right to submit an appeal
be considered. It shall be presumed that charges will be assessed at the rate
of the denial determination in
a representative of the news media will provided in 31 U.S.C. 3717 and will
accordance with § 1070.21. The CFPB
satisfy this consideration. accrue from the date of the billing until
shall communicate this appeal right as
(iv) The public’s understanding of the part of its written notification to the payment is received by the CFPB. The
subject in question, as compared to the requester denying the fee reduction or CFPB will follow the provisions of the
level of public understanding existing waiver request. The requester should Debt Collection Act of 1982 (Pub. L. 97–
prior to the disclosure, must be label its appeal request ‘‘Appeal for Fee 365, 96 Stat. 1749), as amended, and its
enhanced by the disclosure to a Reduction/Waiver.’’ administrative procedures, including
significant extent. (f) Advance notice and prepayment of the use of consumer reporting agencies,
(3) To determine whether the fees. (1) The CFPB shall notify a collection agencies, and offset.
requester has satisfied the requirements requester of the estimated fees for (i) Aggregating requests. Where the
of paragraph (e)(1)(iii)(B) of this section, processing a request and provide a CFPB reasonably believes that a
the CFPB shall consider the following breakdown of the fees attributable to requester or a group of requesters acting
factors: search, review, and duplication, when together is attempting to divide a
(i) The CFPB shall consider any the estimated fees are $250 or more and: request into a series of requests for the
commercial interest of the requester (i) The fees exceed the limit set by the purpose of avoiding fees, the CFPB may
(with reference to the definition of requester; aggregate those requests and charge
‘‘commercial user’’ in paragraph (b)(1)(i) accordingly. The CFPB may presume
(ii) The requester did not specify a

of this section), or of any person on limit; or that multiple requests of this type made
whose behalf the requester may be (iii) The CFPB has denied a request within a thirty (30) day period have
acting, that would be furthered by the for a reduction or waiver of fees. been made in order to avoid fees. Where
requested disclosure. Requesters shall (2) The requester must provide an requests are separated by a longer
be given an opportunity in the agreement to pay the estimated fees; period, the CFPB will aggregate them
administrative process to provide however, the requester shall also be only where there exists a solid basis for
determining that aggregation is assisting in reducing delays, increasing attorneys, their agents, or others
warranted under all the circumstances transparency and understanding of the involved in legal proceedings.
involved. Multiple requests involving status of requests, and assisting in the (3) Official Information means all
unrelated matters will not be aggregated. resolution of disputes. information of any kind, however
stored, that is in the custody and control
§ 1070.23 Authority and responsibilities of Subpart C—Disclosure of CFPB of the CFPB or was acquired by CFPB
the Chief FOIA Officer. Information in Connection with Legal employees, or former employees as part
(a) Chief FOIA Officer. The Director Proceedings of their official duties or because of their
authorizes the Chief FOIA Officer to act official status while such individuals
upon all requests for agency records, § 1070.30 Purpose and scope; definitions.
were employed by or served on behalf
with the exception of determining (a) This subpart sets forth the of the CFPB. Official information also
appeals from the initial determinations procedures to be followed with respect includes any information acquired by
of the Chief FOIA Officer, which will be to subpoenas, court orders, or other CFPB employees or former employees
decided by the General Counsel. The requests or demands for any CFPB while such individuals were engaged in
Chief FOIA officer shall, subject to the information, whether contained in the matters related to consumer financial
authority of the Director: files of the CFPB or acquired by a CFPB protection functions prior to the
(1) Have CFPB-wide responsibility for employee as part of the performance of employees’ transfer to the CFPB
efficient and appropriate compliance that employee’s duties or by virtue of pursuant to Subtitle F of the Consumer
with the FOIA; employee’s official status. Financial Protection Act of 2010.
(2) Monitor implementation of the (b) This subpart does not apply to (4) Request means any request for
FOIA throughout the CFPB and keep the requests for official information made official information in the form of
Director, the General Counsel, and the pursuant to subparts B, D, and E of this testimony, affidavits, declarations,
Attorney General appropriately part. admissions, responses to interrogatories,
informed of the CFPB’s performance in (c) This subpart does not apply to
document production, inspections, or
implementing the FOIA; requests for information made in the
formal or informal interviews, during
(3) Recommend to the Director such course of adjudicating claims against the
the course of a legal proceeding,
adjustments to agency practices, CFPB by CFPB employees (present or
including pursuant to the Federal Rules
policies, personnel and funding as may former) or applicants for CFPB
of Civil Procedure, the Federal Rules of
be necessary to improve the Chief FOIA employment for which jurisdiction
Criminal Procedure, or other applicable
Officer’s implementation of the FOIA; resides with the U.S. Equal Employment
rules of procedure.
(4) Review and report to the Attorney Opportunity Commission, the U.S. (5) Testimony means a statement in
General, through the Director, at such Merit Systems Protection Board, the any form, including personal
times and in such formats as the Office of Special Counsel, the Federal appearances before a court or other legal
Attorney General may direct, on the Labor Relations Authority, or their tribunal, interviews, depositions,
CFPB’s performance in implementing successor agencies, or a labor arbitrator telephonic, televised, or videographed
the FOIA; operating under a collective bargaining statements or any responses given
(5) Facilitate public understanding of agreement between the CFPB and a during discovery or similar proceeding
the purposes of the statutory labor organization representing CFPB in the course of litigation.
exemptions of the FOIA by including employees.
concise descriptions of the exemptions (d) This subpart is intended only to § 1070.31 Service of subpoenas, court
in both the CFPB’s handbook and the inform the public about CFPB orders, and other demands for CFPB
CFPB’s annual report on the FOIA, and procedures concerning the service of information or action.
by providing an overview, where process and responses to subpoenas, (a) Except in cases in which the CFPB
appropriate, of certain general categories summons, or other demands or requests is represented by legal counsel who
of CFPB records to which those for official information or action and is have entered an appearance or
exemptions apply; not intended to and does not create, and otherwise given notice of their
(6) Designate one or more FOIA may not be relied upon to create any representation, only the General
Public Liaisons; right or benefit, substantive or Counsel is authorized to receive and
(7) Offer Training to Bureau staff procedural, enforceable at law by a accept subpoenas or other demands or
regarding their responsibilities under party against the CFPB or the United requests directed to the CFPB or its
the FOIA; States. employees, whether civil or criminal in
(8) Serve as the primary Bureau (e) For purposes of this subpart: nature, for:
liaison with the Office of Government (1) Demand means a subpoena or (1) Records of the CFPB;
Information Services and the Office of order for official information, whether (2) Official information including, but
Information Policy; and contained in CFPB records or through not limited to, testimony, affidavits,
(9) Maintain and update, as necessary testimony, related to or for possible use declarations, admissions, responses to
and in accordance with the in a legal proceeding. interrogatories, or informal statements,
requirements of this subpart, the CFPB’s (2) Legal proceeding encompasses all relating to material contained in the
FOIA website, including its e-FOIA pre-trial, trial, and post-trial stages of all files of the CFPB or which any CFPB
Library. judicial or administrative actions, employee acquired in the course and
(b) FOIA Public Liaisons. FOIA Public hearings, investigations, or similar scope of the performance of his or her
Liaisons shall report to the Chief FOIA proceedings before courts, commissions, official duties;
Officer and shall serve as supervisory boards, grand juries, arbitrators, or other
(3) Garnishment or attachment of

officials to whom a requester can raise judicial or quasi-judicial bodies or compensation of current or former
concerns about the service the requester tribunals, whether criminal, civil, or employees; or
has received from the CFPB’s FOIA administrative in nature, and whether (4) The performance or non-
office, following an initial response foreign or domestic. This phrase performance of any official CFPB duty.
from the FOIA office staff. FOIA Public includes all stages of discovery as well (b) Documents described in paragraph
Liaisons shall be responsible for as formal or informal requests by (a) of this section should be served upon
the General Counsel, Consumer § 1070.33 Procedure when testimony or demand pending decision. If necessary,
Financial Protection Bureau, 1700 G production of documents is sought; the attorney will:
Street NW, Washington, DC 20552. general. (1) Appear with the employee upon
Service must be effected as provided in (a) If, as part of a proceeding in which whom the demand has been made;
applicable rules and regulations the United States or the CFPB is not a (2) Furnish the court or other
governing service in Federal judicial party, official information is sought authority with a copy of the regulations
and administrative proceedings. through a demand for testimony, CFPB contained in this subpart;
Acceptance of such documents by the records, or other material, the party (3) Inform the court or other authority
General Counsel does not constitute a seeking such information must (except that the demand has been, or is being,
waiver of any defense that might as otherwise required by Federal law or as the case may be, referred for the
otherwise exist with respect to service authorized by the General Counsel) set prompt consideration of the appropriate
under the Federal Rules of Civil or forth in writing: CFPB official; and
Criminal Procedure or other applicable (1) The title and forum of the (4) Request the court or authority to
laws or regulations. proceeding, if applicable; stay the demand pending receipt of the
(c) In the event that any demand or (2) A detailed description of the requested instructions.
request described in paragraph (a) of nature and relevance of the official (b) In the event that an immediate
this section is sought to be delivered to information sought; demand for production or disclosure is
a CFPB employee other than in the (3) A showing that other evidence made in circumstances which would
manner prescribed in paragraph (b) of reasonably suited to the requester’s preclude the proper designation or
this section, such employee shall needs is not available from any other appearance of an attorney of the CFPB
decline service and direct the server of source; and or the Department of Justice on the
process to these regulations. If the (4) If testimony is requested, the employee’s behalf, the employee, if
demand or request is nonetheless intended use of the testimony, a general necessary, shall request from the
delivered to the employee, the employee summary of the desired testimony, and demanding court or authority a
shall immediately notify, and deliver a a showing that no document could be reasonable stay of proceedings for the
copy of that document to, the General provided and used in lieu of testimony. purpose of obtaining instructions from
Counsel. (b) To the extent he or she deems the General Counsel.
(d) The CFPB is not an agent for necessary or appropriate, the General
service for, or otherwise authorized to Counsel may also require from the party § 1070.35 Procedure in the event of an
accept on behalf of its employees, any seeking such information a plan of all adverse ruling.
subpoenas, orders, or other demands or reasonably foreseeable demands, If a stay of, or other relief from, the
requests, which are not related to the including but not limited to the names effect of a demand made pursuant to
employees’ official duties. of all employees and former employees §§ 1070.33 and 1070.34 is declined or
(e) Copies of any subpoenas, orders, from whom testimony or discovery will not obtained, or if the court or other
or other demands or requests that are be sought, areas of inquiry, expected judicial or quasi-judicial authority
directed to former employees of the duration of proceedings requiring oral declines to stay the effect of the demand
CFPB in connection with the testimony, identification of potentially made pursuant to §§ 1070.33 and
performance of official CFPB duties relevant documents, or any other 1070.34, or if the court or other
shall also be served upon the General information deemed necessary to make authority rules that the demand must be
Counsel. The CFPB shall not, however, a determination. The purpose of this complied with irrespective of the
serve as an agent for service for the requirement is to assist the General General Counsel’s instructions not to
former employee, nor is the CFPB Counsel in making an informed decision produce the material or disclose the
otherwise authorized to accept service regarding whether testimony, the information sought, the employee upon
on behalf of its former employees. If the production of documents, or the whom the demand has been made shall
demand involves their official duties as provision of other information should decline to comply with the demand
CFPB employees, former employees be authorized. citing this subpart and United States ex
who receive subpoenas, orders, or (c) The General Counsel may consult rel. Touhy v. Ragen, 340 U.S. 462
similar compulsory process should also or negotiate with an attorney for a party, (1951).
notify, and deliver a copy of the or the party if not represented by an
§ 1070.36 Considerations in determining
document to, the General Counsel. attorney, to refine or limit a request or
whether the CFPB will comply with a
demand so that compliance is less demand or request.
§ 1070.32 Testimony and production of burdensome.
documents prohibited unless approved by (d) The General Counsel will notify (a) In deciding whether to comply
the General Counsel.
the CFPB employee and such other with a demand or request, CFPB
(a) Unless authorized by the General persons as circumstances may warrant officials and attorneys shall consider,
Counsel, no employee or former of his or her decision regarding among other pertinent considerations:
employee of the CFPB shall, in response compliance with the request or demand. (1) Whether such compliance would
to a demand or a request provide oral be unduly burdensome or otherwise
or written testimony by deposition, § 1070.34 Procedure when response to inappropriate under the applicable rules
declaration, affidavit, or otherwise demand is required prior to receiving of discovery or the rules of procedure
concerning any official information. instructions. governing the case or matter in which
(b) Unless authorized by the General (a) If a response to a demand the demand arose;
Counsel, no employee or former described in § 1070.33 is required before (2) Whether the number of similar
employee shall, in response to a the General Counsel renders a decision, requests would have a cumulative effect
demand or request, produce any the CFPB will request that the on the expenditure of CFPB resources;
document or any material acquired as appropriate CFPB attorney or an (3) Whether compliance is
part of the performance of that attorney of the Department of Justice, as appropriate under the relevant
employee’s duties or by virtue of that appropriate, take steps to stay, substantive law concerning privilege or
employee’s official status. postpone, or obtain relief from the disclosure of information;
(4) The public interest; not provide opinion or expert testimony Subpart E—Privacy Act
(5) The need to conserve the time of based upon information which they
CFPB employees for the conduct of acquired in the scope and performance § 1070.50 Purpose and scope; definitions.
official business; of their official CFPB duties, except on (a) This subpart implements the
(6) The need to avoid spending time behalf of the CFPB or the United States provisions of the Privacy Act of 1974, 5
and money of the United States for or a party represented by the CFPB, or U.S.C. 552a (the Privacy Act). The
private purposes; the Department of Justice, as regulations apply to all records
(7) The need to maintain impartiality appropriate. maintained by the CFPB and which are
between private litigants in cases where (b) Any expert or opinion testimony retrieved by an individual’s name or
a substantial government interest is not by a former employee of the CFPB shall personal identifier. The regulations set
implicated; be excepted from paragraph (a) of this forth the procedures for requests for
(8) Whether compliance would have section where the testimony involves access to, or amendment of, records
an adverse effect on performance by the only general expertise gained while concerning individuals that are
CFPB of its mission and duties; employed at the CFPB. contained in systems of records
(9) The need to avoid involving the maintained by the CFPB. These
CFPB in controversial issues not related (c) Upon a showing by the requester
regulations should be read in
to its mission; of exceptional need or unique
conjunction with the Privacy Act, which
(10) Whether compliance would circumstances and that the anticipated
provides additional information about
interfere with supervisory examinations, testimony will not be adverse to the
this topic.
compromise the CFPB’s supervisory interests of the United States, the
General Counsel may, consistent with 5 (b) For purposes of this subpart, the
functions or programs, or undermine
CFR 2635.805, exercise his or her following definitions apply:
public confidence in supervised
financial institutions; and discretion to grant special, written (1) The term Chief Privacy Officer
(11) Whether compliance would authorization for CFPB employees, or means the Chief Information Officer of
interfere with the CFPB’s ability to former employees, to appear and testify the CFPB or any CFPB employee to
monitor for risks to consumers in the as expert witnesses at no expense to the whom the Chief Information Officer has
offering or provision of consumer United States. delegated authority to act under this
financial products and services. (d) If, despite the final determination part;
(b) Among those demands and of the General Counsel, a court of (2) The term guardian means the
requests in response to which competent jurisdiction or other parent of a minor, or the legal guardian
compliance will not ordinarily be appropriate authority orders the of any individual who has been
authorized are those with respect to appearance and expert or opinion declared to be incompetent due to
which any of the following factors, inter testimony of a current or former CFPB physical or mental incapacity or age by
alia, exist: employee, that person shall a court of competent jurisdiction;
(1) Compliance would violate a immediately inform the General (3) Individual means a citizen of the
statute or applicable rule of procedure; Counsel of such order. If the General United States or an alien lawfully
(2) Compliance would violate a Counsel determines that no further legal admitted for permanent residence;
specific regulation or Executive order; review of or challenge to the court’s
(3) Compliance would reveal (4) Maintain includes maintain,
order will be made, the CFPB employee, collect, use, or disseminate;
information properly classified in the or former employee, shall comply with
interest of national security; the order. If so directed by the General (5) Record means any item, collection,
(4) Compliance would reveal Counsel, however, the employee, or or grouping of information about an
confidential or privileged commercial or former employee, shall decline to individual that is maintained by an
financial information or trade secrets testify. agency, including, but not limited to,
without the owner’s consent; his education, financial transactions,
(5) Compliance would compromise ■ 7. Revise subpart E to read as follows: medical history, and criminal or
the integrity of the deliberative Subpart E—Privacy Act
employment history and that contains
processes of the CFPB; his name or the identifying number,
(6) Compliance would not be Sec. symbol, or other identifying particular
1070.50 Purpose and scope; definitions. assigned to the individual, such as a
appropriate or necessary under the
1070.51 Authority and responsibilities of finger or voiceprint or a photograph;
relevant substantive law governing
the Chief Privacy Officer.
privilege; (6) Routine use means the disclosure
1070.52 Fees.
(7) Compliance would reveal 1070.53 Request for access to records. of a record that is compatible with the
confidential information; or 1070.54 CFPB procedures for responding to purpose for which it was collected;
(8) Compliance would interfere with a request for access. (7) System of records means a group
ongoing investigations or enforcement 1070.55 Special procedures for medical of any records under the control of an
proceedings, compromise constitutional records. agency from which information is
rights, or reveal the identity of a 1070.56 Request for amendment of records. retrieved by the name of the individual
confidential informant. 1070.57 CFPB review of a request for or by some identifying number, symbol,
(c) The CFPB may condition amendment of records. or other identifying particular assigned
disclosure of official information 1070.58 Appeal of adverse determination of to the individual; and
pursuant to a request or demand on the request for access or amendment.
(8) Statistical record means a record
entry of an appropriate protective order. 1070.59 Restrictions on disclosure.

1070.60 Exempt records. in a system of records maintained for
§ 1070.37 Prohibition on providing expert 1070.61 Training; rules of conduct; statistical research or reporting purposes
or opinion testimony. penalties for non-compliance. only and not used in whole or in part
(a) Except as provided in this section, 1070.62 Preservation of records. in making any determination about an
and subject to 5 CFR 2635.805, CFPB 1070.63 Use and collection of Social identifiable individual, except as
employees or former employees shall Security numbers. provided by 13 U.S.C. 8.
§ 1070.51 Authority and responsibilities of the requester believes that the record period. When a full response is not
the Chief Privacy Officer. was created, and any other information practicable within the twenty (20) day
The Chief Privacy Officer is that might assist the CFPB in identifying period, the CFPB will respond as
authorized to: the record sought (e.g., maiden name, promptly as possible.
(a) Develop, implement, and maintain dates of employment, account (b) Disclosure. (1) When the CFPB
an organization-wide privacy program; information, etc.); discloses information in response to a
(b) Respond to requests for access to, (4) Information necessary to verify the request, the CFPB will make the
accounting of, or amendment of records requester’s identity pursuant to information available for inspection and
contained in a system of records paragraph (c) of this section; and copying during regular business hours
maintained by the CFPB; (5) The mailing or email address as provided in § 1070.13, or the CFPB
(c) Approve the publication of new where the CFPB’s response or further will mail it or email it to the requester,
systems of records and amend existing correspondence should be sent. if feasible, upon request.
systems of record; and (c) Verification of identity. To obtain (2) The requester may bring with him
(d) File any necessary reports related access to the CFPB’s records pertaining or her anyone whom the requester
to the Privacy Act. to a requester, the requester shall chooses to see the requested material.
provide proof to the CFPB of the All visitors to the CFPB’s buildings
§ 1070.52 Fees. requester’s identity as provided in must comply with the applicable
(a) Copies of records. The CFPB shall paragraphs (c)(1) and (2) of this section. security procedures.
provide the requester with copies of (1) In general, the following will be (c) Denial of a request. If the CFPB
records requested pursuant to § 1070.53 considered adequate proof of a denies a request made pursuant to
at the same cost charged for duplication requester’s identity: § 1070.53, it will inform the requester in
of records under § 1070.22. (i) A photocopy of two forms of writing of the reason(s) for denial and
(b) No fee. The CFPB will not charge identification, including one form of the procedures for appealing the denial.
a fee if: identification that bears the requester’s
(1) Total charges associated with a photograph, and one form of § 1070.55 Special procedures for medical
request are less than $5; or identification that bears the requester’s records.
(2) The requester is a CFPB employee signature; If an individual requests medical or
or former employee, or an applicant for (ii) A photocopy of a single form of psychological records pursuant to
employment with the CFPB, and the identification that bears both the § 1070.53, the CFPB will disclose them
request pertains to that employee, requester’s photograph and signature; or directly to the requester unless the
former employee, or applicant. (iii) A statement swearing or affirming CFPB determines that such disclosure
the requester’s identity and to the fact could have an adverse effect on the
§ 1070.53 Request for access to records.
that the requester understands the requester. If the CFPB makes that
(a) Procedures for making a request penalties provided in 5 U.S.C. determination, the CFPB shall provide
for access to records. An individual’s 552a(i)(3). the information to a licensed physician
requests for access to records that (2) Notwithstanding paragraph (c)(1) or other appropriate representative that
pertain to that individual (or to the of this section, a designated official may the requester designates, who shall
individual for whom the requester require additional proof of the disclose those records to the requester
serves as guardian) may be submitted to requester’s identity before action will be in a manner he or she deems
the CFPB in writing as follows: taken on any request, if such official appropriate.
(1) If submitted by mail or delivery determines that it is necessary to protect
service, the request shall be labeled against unauthorized disclosure of § 1070.56 Request for amendment of
‘‘Privacy Act Request’’ and shall be records.
information in a particular case. In
addressed to the Chief Privacy Officer, addition, if a requester seeks records (a) Procedures for making request. (1)
Consumer Financial Protection Bureau, pertaining to an individual in the If an individual wishes to amend a
1700 G Street NW, Washington, DC requester’s capacity as that individual’s record that pertains to that individual in
20552. guardian, the requester shall be required a system of records, that individual may
(2) If submitted by electronic means, to provide adequate proof of the submit a request in writing to the Chief
the request shall be labeled ‘‘Privacy Act requester’s legal relationship before Privacy Officer, as set forth in
Request’’ and the request shall be action will be taken on any request. § 1070.53(a). The request shall be
submitted as set forth at the CFPB’s (d) Request for accounting of previous labeled ‘‘Privacy Act Amendment
website, http:// disclosures. An individual may request Request.’’
www.consumerfinance.gov. an accounting of previous disclosures of (2) A request for amendment of a
(b) Content of a request for access to records pertaining to that individual in record must:
records. A request for access to records a system of records as provided in 5 (i) Identify the name of the system of
shall include: U.S.C. 552a(c). Such requests should records that the requester believes
(1) A statement that the request is conform to the procedures and form for contains the record for which the
made pursuant to the Privacy Act; requests for access to records set forth amendment is requested, or a
(2) The name of the system of records in paragraphs (a) and (b) of this section. description of the nature of the record
that the requester believes contains the in detail sufficient to enable CFPB
record requested, or a description of the § 1070.54 CFPB procedures for personnel to locate the system of
nature of the record sought in detail responding to a request for access. records containing the record with a
sufficient to enable CFPB personnel to (a) Acknowledgment and response.
reasonable amount of effort;

locate the system of records containing The CFPB will provide written (ii) Specify the portion of that record
the record with a reasonable amount of acknowledgement of the receipt of a requested to be amended; and
effort; request within twenty (20) business (iii) Describe the nature and reasons
(3) Whenever possible, a description days from the receipt of the request and for each requested amendment.
of the nature of the record sought, the will, where practicable, respond to each (3) When making a request for
date of the record or the period in which request within that twenty (20) day amendment of a record, the CFPB will
require a requester to verify his or her amendment, he or she will take the (1) CFPB.002 Depository Institution
identity under the procedures set forth necessary steps to amend the record Supervision Database.
in § 1070.53(c), unless the requester has and, when appropriate and possible, (2) CFPB.003 Non-Depository
already done so in a related request for notify prior recipients of the record of Institution Supervision Database.
access or amendment. its action. (3) CFPB.004 Enforcement Database.
(b) Burden of proof. In a request for (2) If the General Counsel denies an (4) CFPB.005 Consumer Response
amendment of a record, the requester appeal, he or she will inform the System.
bears the burden of proving by a requester of such determination in (b) Information compiled for civil
preponderance of the evidence that the writing, including the reasons for the actions or proceedings. This subpart
record is not accurate, relevant, timely, denial, and the requester’s right to file does not permit an individual to have
or complete. a statement of disagreement and to have access to any information compiled in
a court review its decision. reasonable anticipation of a civil action
§ 1070.57 CFPB review of a request for or proceeding.
amendment of records. (d) Statement of disagreement. (1) If
(a) Time limits. The CFPB will the General Counsel denies an appeal § 1070.61 Training; rules of conduct;
acknowledge a request for amendment regarding a request for amendment, a penalties for non-compliance.
of records within ten (10) business days requester may file a concise statement of (a) Training. The Chief Privacy Officer
after it receives the request. In the disagreement with the denial. The CFPB shall institute a training program to
acknowledgment, the CFPB may request will maintain the requester’s statement instruct CFPB employees and contractor
additional information necessary for a with the record that the requester sought personnel covered by 5 U.S.C. 552a(m),
determination on the request for to amend and any disclosure of the who are involved in the design,
amendment. The CFPB will make a record will include a copy of the development, operation, or maintenance
determination on a request to amend a requester’s statement of disagreement. of any CFPB system of records, on a
record promptly. (2) When practicable and appropriate, continuing basis with respect to the
(b) Contents of response to a request the CFPB will provide a copy of the duties and responsibilities imposed on
for amendment. When the CFPB statement of disagreement to any prior them and the rights conferred on
responds to a request for amendment, recipients of the record. individuals by the Privacy Act, the
the CFPB will inform the requester in regulations in this subpart, and any
§ 1070.59 Restrictions on disclosure.
writing whether the request is granted other related regulations. Such training
or denied, in whole or in part. If the The CFPB will not disclose any record shall provide suitable emphasis on the
CFPB grants the request, it will take the about an individual contained in a civil and criminal penalties imposed on
necessary steps to amend the record system of records to any person or the CFPB and the individual employees
and, when appropriate and possible, agency without the prior written or contractor personnel by the Privacy
notify prior recipients of the record of consent of that individual unless the Act for non-compliance with specified
its action. If the CFPB denies the disclosure is authorized by 5 U.S.C. requirements of the Act as implemented
request, in whole or in part, it will 552a(b). Disclosures authorized by 5 by the regulations in this subpart.
inform the requester in writing: U.S.C. 552a(b) include disclosures that (b) Rules of conduct. The following
(1) Why the request (or portion of the are compatible with one or more routine rules of conduct are applicable to
request) was denied; uses that are contained within the employees of the CFPB (including, to
(2) That the requester has a right to CFPB’s Systems of Records Notices, the extent required by the contract or 5
appeal; and which are available on the CFPB’s U.S.C. 552a(m), Government contractors
(3) How to file an appeal. website, at http://www.consumer and employees of such contractors),
finance.gov. who are involved in the design,
§ 1070.58 Appeal of adverse determination development, operation or maintenance
of request for access or amendment. § 1070.60 Exempt records.
of any system of records, or in
(a) Appeal. A requester may appeal a (a) Exempt systems of records. maintaining any records, for or on
denial of a request made pursuant to Pursuant to 5 U.S.C. 552a(k)(2), the behalf of the CFPB.
§ 1070.53 or § 1070.56 within ten (10) CFPB exempts the systems of records (1) The head of each office of the
business days after the CFPB notifies the listed in paragraphs (a)(1) through (4) of CFPB shall be responsible for assuring
requester that it has denied the request. this section from 5 U.S.C. 552a(c)(3), (d), that employees subject to such official’s
(b) Content of appeal. A requester (e)(1), (e)(4)(G)–(H), and (f), and supervision are advised of the
may submit an appeal in writing as set §§ 1070.53 through 1070.59, to the provisions of the Privacy Act, including
forth in § 1070.53(a). The appeal shall extent that such systems of records the criminal penalties and civil
be addressed to the General Counsel and contain investigatory materials liabilities provided therein, and the
labeled ‘‘Privacy Act Appeal.’’ The compiled for law enforcement purposes, regulations in this subpart, and that
appeal must also: provided, however, that if any such employees are made aware of their
(1) Specify the background of the individual is denied any right, privilege, individual and collective
request; and or benefit to which he or she would responsibilities to protect the security of
(2) Provide reasons why the requester otherwise be entitled under Federal law, personal information, to assure its
believes the denial is in error. or for which he or she would otherwise accuracy, relevance, timeliness and
(c) Determination. The General be eligible as a result of the maintenance completeness, to avoid unauthorized
Counsel will make a determination as to of such material, such material shall be disclosure either orally or in writing,
whether to grant or deny an appeal disclosed to such individual, except to
and to ensure that no system of records

within thirty (30) business days from the extent that the disclosure of such is maintained without public notice.
the date it is received, unless the material would reveal the identity of a (2) Employees of the CFPB involved
General Counsel extends the time for source who furnished information to the in the design, development, operation,
good cause. CFPB under an express promise that the or maintenance of any system of
(1) If the General Counsel grants an identity of the source would be held in records, or in maintaining any record
appeal regarding a request for confidence: shall:
(i) Collect no information of a (3) The head of each office of the ACTION: Amended final special
personal nature from individuals unless CFPB shall, at least annually, review the conditions; request for comments.
authorized to collect it to achieve a record systems subject to their
function or carry out a responsibility of supervision to ensure compliance with SUMMARY: These amended special
the CFPB; the provisions of the Privacy Act of conditions are issued for the Boeing
(ii) Collect information, to the extent 1974 and the regulations in this subpart. Model 787–8, 787–9, and 787–10 series
practicable, directly from the individual airplanes. This amendment states that
to whom it relates; § 1070.62 Preservation of records. the Boeing Model 787–8, 787–9, and
(iii) Inform each individual asked to The CFPB will preserve all 787–10 series airplanes oblique (side-
supply information, on the form used to correspondence pertaining to the facing) seats may be installed at an angle
collect the information or on a separate requests that it receives under this part, of 18 to 45 degrees to the airplane
form that can be retained by the as well as copies of all requested centerline and may include a 3-point or
individual of— records, until disposition or destruction airbag restraint system, or both, for
(A) The authority (whether granted by is authorized by title 44 of the United occupant restraint and injury protection.
statute, or by executive order of the States Code or the National Archives This airplane will have novel or
President) which authorizes the and Records Administration’s General unusual design features when compared
solicitation of the information and Records Schedule 14. Records will not to the state of technology envisioned in
whether disclosure of such information be disposed of or destroyed while they the airworthiness standards for
is mandatory or voluntary; are the subject of a pending request, transport category airplanes. These
(B) The principal purpose or purposes appeal, proceeding, or lawsuit. design features are oblique (side-facing)
for which the information is intended to single-occupant seats equipped with
be used; § 1070.63 Use and collection of Social airbag devices or 3-point restraints. The
Security numbers. applicable airworthiness regulations do
(C) The routine uses which may be
made of the information, as published The CFPB will ensure that employees not contain adequate or appropriate
pursuant to 5 U.S.C. 552a(e)(4)(D); and authorized to collect information are safety standards for these design
(D) The effects on the individual, if aware: features. These special conditions
any, of not providing all or any part of (a) That individuals may not be contain the additional safety standards
the requested information; denied any right, benefit, or privilege as the Administrator considers necessary
(iv) Not collect, maintain, use or a result of refusing to provide their to establish a level of safety equivalent
disseminate information concerning an Social Security numbers, unless the to that established by the existing
individual’s religious or political beliefs collection is authorized either by a airworthiness standards.
or activities or membership in statute or by a regulation issued prior to DATES: This action is effective on Boeing
associations or organizations, unless 1975; and on September 12, 2018. Send comments
expressly authorized by statute or by the (b) That individuals requested to on or before October 29, 2018.
individual about whom the record is provide their Social Security numbers ADDRESSES: Send comments identified
maintained or unless pertinent to and must be informed of: by Docket No. FAA–2016–5909 using
within the scope of an authorized law (1) Whether providing Social Security
any of the following methods:
enforcement activity; numbers is mandatory or voluntary; • Federal eRegulations Portal: Go to
(v) Advise their supervisors of the (2) Any statutory or regulatory http://www.regulations.gov/ and follow
existence or contemplated development authority that authorizes the collection the online instructions for sending your
of any record system which is capable of Social Security numbers; and comments electronically.
of retrieving information about (3) The uses that will be made of the • Mail: Send comments to Docket
individuals by individual identifier; numbers. Operations, M–30, U.S. Department of
(vi) Assure that no records maintained Dated: August 30, 2018. Transportation (DOT), 1200 New Jersey
in a CFPB system of records are Mick Mulvaney, Avenue SE, Room W12–140, West
disseminated without the permission of Acting Director, Bureau of Consumer Building Ground Floor, Washington, DC
the individual about whom the record Financial Protection. 20590–0001.
pertains, except when authorized by 5 [FR Doc. 2018–19384 Filed 9–11–18; 8:45 am] • Hand Delivery or Courier: Take
U.S.C. 552a(b); BILLING CODE 4810–AM–P comments to Docket Operations in
(vii) Maintain and process Room W12–140 of the West Building
information concerning individuals Ground Floor at 1200 New Jersey
with care in order to ensure that no DEPARTMENT OF TRANSPORTATION Avenue SE, Washington, DC, between 9
inadvertent disclosure of the a.m. and 5 p.m., Monday through
information is made either within or Federal Aviation Administration Friday, except Federal holidays.
without the CFPB; • Fax: Fax comments to Docket
(viii) Prior to disseminating any 14 CFR Part 25 Operations at 202–493–2251.
record about an individual to any Privacy: The FAA will post all
person other than an agency, unless the [Docket No. FAA–2016–5909; Special comments it receives, without change,
dissemination is made pursuant to 5 Conditions No. 25–626A–SC] to http://www.regulations.gov/,
U.S.C. 552a(b)(2), make reasonable including any personal information the
Special Conditions: The Boeing
efforts to assure that such records are commenter provides. Using the search
Company (Boeing), Model 787–8,
accurate, complete, timely, and relevant function of the docket website, anyone
787–9, and 787–10 Series Airplanes;
can find and read the electronic form of
for agency purposes; and Dynamic Test Requirements for Single-

(ix) Assure that an accounting is kept all comments received into any FAA
Occupant, Oblique (Side-Facing) Seats
in the prescribed form, of all docket, including the name of the
With or Without Airbag Devices or
dissemination of personal information individual sending the comment (or
3-Point Restraints
outside the CFPB, whether made orally signing the comment for an association,
or in writing, unless disclosed under 5 AGENCY:Federal Aviation business, labor union, etc.). DOT’s
U.S.C. 552 or subpart B of this part. Administration (FAA), DOT. complete Privacy Act Statement can be

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177 / Wednesday, September 12, 2018 / Rules and Regulations 46075

and it finalizes the proposal without

Bureau agrees with this suggestion and

Determination To Grant or Deny a Section 1070.20 Requests for Business

(6) If a requester seeks expedited

information. Information provided by a

paragraphs (b)(1)(i) through (iv) of this

(ii) The requester did not specify a

(3) Garnishment or attachment of

entry of an appropriate protective order. 1070.59 Restrictions on disclosure.

reasonable amount of effort;

and to ensure that no system of records

for agency purposes; and Dynamic Test Requirements for Single-

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