Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations 46075 

would be implemented too late, as 

growers have already made their 

production decisions. It further stated 

the rule should be implemented next 

season when they have more time to 

make economic decisions relating to 

their crop. 

Response: Utilizing a production 

allotment allows growers to make 

adjustments to reduce their costs. Given 

the oversupply, it is important to take 

action on this issue. Further, growers 

have been aware of this 

recommendation for some time, and the 

proposed rule on this action published 

on April 27, 2018. 

Comment: Another commenter stated 

the proposed regulation originated from 

the major cooperative. 

Response: As stated above, the 

proposal for production allotment was 

discussed and ultimately recommended 

by the Committee for USDA’s 

consideration at the August 4, 2017 and 

August 31, 2017 meetings. The 

Committee is comprised of growers of 

cranberries operating within the 

production area and a public member, 

and all meetings are open to industry 

and public participation. 

Comment: The one comment taking a 

neutral position on the proposed action 

also indicated support for reestablishing 

the 2,500-barrel exemption for each 

grower, as recommended by the 

Committee, should USDA decide to go 

forward with the regulation. 

Response: For the reasons given 

above, the 2,500-barrel exemption for 

growers will not be reestablished. 

Comments: Additional comments 

were received that addressed issues 

outside the scope of the proposed rule. 

For the reasons discussed above, no 

changes will be made to the rule as 

proposed, based on the comments 

received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

rules-regulations/moa/small-businesses. 

Any questions about the compliance 

guide should be sent to Richard Lower 

at the previously mentioned address in 

the FOR FURTHER INFORMATION CONTACT

section. 

After consideration of all relevant 

matter presented, including the 

information and recommendation of the 

Committee and other available 

information, it is hereby found that this 

rule, as hereinafter set forth, will tend 

to effectuate the declared policy of the 

Act. 

List of Subjects in 7 CFR Part 929 

Cranberries, Marketing agreements, 

Reporting and recordkeeping 

requirements. 

For the reasons set forth in the 

preamble, 7 CFR part 929 is amended as 

follows: 

PART 929—CRANBERRIES GROWN IN 

STATES OF MASSACHUSETTS, 

RHODE ISLAND, CONNECTICUT, NEW 

JERSEY, WISCONSIN, MICHIGAN, 

MINNESOTA, OREGON, 

WASHINGTON, AND LONG ISLAND IN 

THE STATE OF NEW YORK 

■ 1. The authority citation for part 929 

continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

Subpart B—Administrative 

Requirements 

■ 2. In § 929.104, revise paragraph (a) 

introductory text and remove and 

reserve paragraph (b). 

The revision reads as follows: 

§ 929.104 Outlets for excess cranberries. 

(a) In accordance with § 929.61, 

excess cranberries may be diverted only 

to the following noncommercial or 

noncompetitive outlets: 

* * * * * 

■ 3. In § 929.105, add paragraph (c) to 

read as follows: 

§ 929.105 Reporting. 

* * * * * 

(c) Beginning with crop year 2018–19, 

the due date for the grower report 

required under § 929.62(a) is changed to 

March 1. 

■ 4. Add § 929.159 to read as follows: 

§ 929.159 Excess cranberries. 

(a) Beginning with crop year 2018–19, 

handlers holding excess cranberries 

shall submit to the Committee a written 

plan outlining procedures for the 

systematic disposal of such cranberries 

as specified in § 929.59(b) by March 1. 

(b) Beginning with crop year 2018–19, 

all excess cranberries shall be diverted 

as specified in § 929.59(c) prior to 

August 31. 

■ 6. Add § 929.253 to read as follows: 

§ 929.253 Marketable quantity and 

allotment percentage for the 2018–19 crop 

year. 

(a) The marketable quantity for the 

2018–19 crop year is set at 7.275 million 

barrels and the allotment percentage is 

designated at 75 percent. 

(b) Organically grown fruit shall be 

exempt from the volume regulation 

requirements of this section. Small 

handlers who processed less than 

125,000 barrels during the 2017–18 

fiscal year are exempt from the volume 

regulation requirements of this section. 

Any handler who did not have 

carryover inventory at the end of the 

2017–18 fiscal year is also exempt from 

the volume regulation requirements of 

this section. 

(c) Handlers have the option to 

process up to 50 percent of the excess 

cranberries received over their growers’ 

allotments into dehydrated cranberries 

or other processed products. Handlers 

utilizing this option shall divert an 

amount of 2018–19 processed products 

equivalent to the volume of excess 

cranberries processed as provided for in 

§ 929.107. The remaining volume of 

excess cranberries must be diverted as 

whole fruit. 

Dated: September 7, 2018. 

Bruce Summers, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2018–19825 Filed 9–11–18; 8:45 am] 

BILLING CODE 3410–02–P 

BUREAU OF CONSUMER FINANCIAL 

PROTECTION 

12 CFR Part 1070 

[Docket No. CFPB–2016–0039] 

RIN 3170–AA63 

Disclosure of Records and Information 

AGENCY: Bureau of Consumer Financial 

Protection. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

procedures used by the public to obtain 

information from the Bureau of 

Consumer Financial Protection (Bureau) 

under the Freedom of Information Act, 

the Privacy Act of 1974, and in legal 

proceedings. 

DATES: This final rule is effective 

October 12, 2018. 

FOR FURTHER INFORMATION CONTACT: 

David Snyder, Senior Counsel, Legal 

Division, at 202–435–7758. If you 

require this document in an alternative 

electronic format, please contact CFPB_

Accessibility@cfpb.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Bureau first published the 

procedures used by the public to obtain 

information from it under the Freedom 

of Information Act, the Privacy Act of 

1974, and in legal proceedings in an 

interim final rule on July 28, 2011, 76 

FR 45371 (Jul. 28, 2011). This was 

followed by a final rule on February 15, 


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46076 Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations 

1The Bureau received twenty-seven total 

comment letters in response to its notice of 

proposed rulemaking. The Bureau continues to 

consider the comments pertaining to its proposals 

related to the confidential treatment of Bureau 

information, and these comments are not addressed 

in this final rule. 

2013, 78 FR 11483 (Feb. 15, 2013). 

Based on its experience over the last 

several years, the Bureau published a 

notice of proposed rulemaking on 

August 24, 2016, 81 FR 58310 (Aug. 24, 

2016), that proposed to amend the rule 

to clarify, correct, and amend certain 

provisions of the rule, and it solicited 

comments on the proposal. The Bureau 

is issuing this final rule in response to 

the comments. The Bureau’s August 24, 

2016 notice of proposed rulemaking also 

proposed to amend the Bureau’s rule 

regarding the confidential treatment of 

information obtained from persons in 

connection with the exercise of its 

authorities under Federal consumer 

financial law. This final rule only 

pertains to portions of the Bureau’s 

proposal related to the Freedom of 

Information Act, the Privacy Act of 

1974, and requests for Bureau 

information in legal proceedings. 

II. Summary of the Final Rule 

The final rule revises subparts A, B, 

C, and E of section 1070 of title 12 of 

the Code of Federal Regulations. 

The revisions to subpart A address 

procedures related to the certification of 

authenticity of Bureau records and the 

service of summonses or complaints on 

the Bureau. Subpart A also contains 

definitions of terms used throughout the 

remainder of the part, and the final rule 

revises the definition of ‘‘Chief FOIA 

Officer.’’ 

Subpart B implements the Freedom of 

Information Act, 5 U.S.C. 552 (the 

FOIA). The Bureau has revised this 

subpart to clarify its practices, provide 

additional flexibility for requesters, and 

reflect recent changes made to the FOIA 

by the FOIA Improvement Act of 2016 

(Pub. L. 114–185). Additionally, these 

changes streamline the Bureau’s process 

for assessing FOIA fees and notifying 

requesters of such fees. These changes 

will allow the Bureau to process FOIA 

requests more efficiently and provide 

records to requesters more quickly. The 

Bureau has made some minor revisions 

to its proposal in response to comments. 

The final rule does not revise subpart 

D. 

Subpart C (sometimes referred to as 

Touhy Regulations) sets forth 

procedures for requests for information 

from the Bureau in connection with 

legal proceedings between others, and 

describes the Bureau’s procedures for 

considering such requests or demands 

for official information. The Bureau has 

made organizational and clarifying 

revisions to the provisions previously 

set forth in this subpart. The Bureau 

received no comments on this subpart 

and it finalizes the proposed subpart 

without modification. 

Subpart E contains the Bureau’s rule 

implementing the Privacy Act of 1974, 

5 U.S.C. 552a. The Bureau has revised 

the subpart to clarify the Chief Privacy 

Officer’s authority, to provide additional 

flexibility for requestors, and to make 

technical corrections. The Bureau 

received no comments on this subpart 

and it finalizes the proposed subpart 

without modification. 

III. Overview of Comments Received 

The Bureau received eight comment 

letters that pertained to its proposal 

regarding FOIA implementation. These 

included three comment letters from 

industry trade associations; and one 

comment letter each from an individual; 

an opposition research and 

communication organization; a financial 

institution; a consumer advocacy 

organization; and a Federal agency with 

responsibilities related to 

implementation of the FOIA. These 

comment letters largely proposed minor 

modifications to the proposed rule in 

order to clarify it and/or facilitate public 

access to information. The Bureau also 

received input from another Federal 

agency during the comment period. 

These suggestions primarily focused on 

procedural and technical changes to the 

proposed rule. The Bureau made some 

changes to the final rule based on this 

input. 

The Bureau received no comment 

letters regarding its proposed revisions 

to subpart C or subpart E, regarding its 

Touhy Regulations and implementation 

of the Privacy Act of 1974, 

respectively.1

IV. Legal Authority 

The Bureau proposed the rule 

pursuant to its authority under (1) Title 

X of the Dodd-Frank Act, 12 U.S.C. 5481 

et seq., including (a) Section 1022(b)(1), 

12 U.S.C. 5512(b)(1); (b) Section 

1022(c)(6)(A), 12 U.S.C. 5512(c)(6)(A); 

and (c) Section 1052(d), 12 U.S.C. 

5562(d); (2) the Freedom of Information 

Act, 5 U.S.C. 552; (3) the Privacy Act of 

1974, 5 U.S.C. 552a; (4) the Right to 

Financial Privacy Act, 12 U.S.C. 3401 et 

seq.; (5) the Trade Secrets Act, 18 U.S.C. 

1905; (6) 18 U.S.C. 641; (7) the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq., and (8) the Federal Records 

Act, 44 U.S.C. 3101. The Bureau 

received no comments on the 

applicability of these statutes, and it 

promulgates the final rule pursuant to 

these authorities. 

V. Section-by-Section Analysis 

Part 1070—Disclosure of Records and 

Information 

Subpart A—General Provisions and 

Definitions 

Section 1070.2 General Definitions 

Section 1070.2(c) Chief FOIA Officer 

The Bureau had proposed no change 

to the defined term, ‘‘Chief FOIA 

Officer.’’ However, a Federal agency 

noted that the Bureau’s status quo 

definition permitted a broader 

delegation of the Chief FOIA Officer’s 

authority than is permitted by the FOIA. 

The previous definition allowed the 

Chief Operating Officer to delegate the 

Chief FOIA Officer’s authority to ‘‘any 

employee,’’ but the FOIA requires that 

the Chief FOIA Officer be at the 

assistant secretary level or above. The 

Bureau agrees that this provision 

allowed a broader delegation of 

authority than is permissible under the 

FOIA and has removed the phrase ‘‘or 

any CFPB employee to whom the Chief 

Operating Officer has delegated 

authority to act under this part’’ from 

the final rule. The Bureau believes that 

this provision, in conjunction with 

§ 1070.2(d), provides the Bureau with 

the necessary flexibility to delegate 

some of the responsibilities of the Chief 

FOIA Officer to other CFPB employees 

without delegating more authority than 

is permissible under the FOIA. 

Section 1070.3 Custodian of Records; 

Certification; Alternative Authority 

Section 1070.3(b) Certification of 

Record 

Section 1070.3(b) authorizes the 

Bureau’s Chief Operating Officer to 

certify the authenticity of any Bureau 

record or any copy of such record. The 

Bureau proposed revising the rule to 

clarify that the Chief Operating Officer 

can also certify the absence of a record. 

Such certification is contemplated in 

Rule 44 of the Federal Rules of Civil 

Procedure and Rule 902 of the Federal 

Rules of Evidence. See also Federal Rule 

of Evidence 803(10). The Bureau 

received no comments regarding this 

proposal, and it finalizes the proposal 

without modification. 

Section 1070.5 Service of Summonses 

and Complaints 

The Bureau proposed moving 

§ 1070.31—which provides the process 

for serving the Bureau with summonses 

or complaints—to a new section in 

subpart A for clarity, in order to 

separate the rule governing service 


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Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations 46077 

when the Bureau is a party from the 

remaining provisions in subpart C, 

which deal with requests for 

information for other proceedings. In 

addition, the Bureau proposed revising 

paragraph (d)’s requirement that 

documents be ‘‘stamped’’ ‘‘Service 

Accepted for Official Capacity Only’’ by 

replacing the word ‘‘stamped’’ with the 

word ‘‘marked.’’ This proposal was 

intended to clarify that the documents 

may be labeled using a variety of 

methods. The Bureau received no 

comments regarding these proposals, 

and it finalizes them without 

modification. 

Subpart B—Freedom of Information Act 

The Bureau received several general 

comments concerning its proposed 

changes to the regulations implementing 

the FOIA and the Bureau’s FOIA 

process. Some commenters expressed 

support for the Bureau’s proposed 

changes to the extent that they would 

expedite the FOIA process. Some of 

these commenters also raised concerns 

about the timeliness of the Bureau’s 

FOIA process and its commitment to 

openness and transparency. The Bureau 

remains committed to open government 

and strives to be a leader by being 

transparent with respect to its own 

activities. In addition, the Bureau will 

continue to improve its FOIA process to 

ensure that all requests are responded to 

in a timely fashion. 

The Bureau also made several 

technical and typographical revisions to 

the rule in response to comments, 

including updating cross-referenced 

provisions, ensuring consistent spelling 

of certain terms, and ensuring the 

consistent use of terminology 

throughout the rule. 

Section 1070.11 Information Made 

Available; Discretionary Disclosures 

Section 1070.11(a) In General 

Section 1070.11(a)(2) 

Section 1070.11(a)(2) identifies a 

category of information and records that 

the FOIA requires Federal agencies to 

make publicly available. The Bureau 

proposed to remove the phrase ‘‘and 

copying’’ and replace it with ‘‘in an 

electronic format.’’ The Bureau 

proposed similar revisions to § 1070.13. 

These changes are required by the FOIA 

Improvement Act of 2016. The Bureau 

received no comments on this proposal 

and it finalizes the proposal without 

modification. 

Section 1070.11(b) Discretionary 

disclosures 

Section 1070.11(b) says that, even if a 

FOIA exemption applies to requested 

information or records, the Bureau has 

discretion to disclose it to the extent 

that the disclosure is not otherwise 

precluded by law. The paragraph further 

notes that such disclosures are not 

precedential. The Bureau proposed no 

revisions to this paragraph. However, 

another Federal agency suggested that 

the phrase ‘‘but is merely an indication 

that, in the processing of the particular 

request, the CFPB finds no necessity for 

applying the exemption’’ is 

unnecessary. The phrase at issue is 

contained in the part of § 1070.11(b) 

noting that the Bureau’s decision to 

discretionarily disclose a record in one 

case has no precedential value in the 

processing of another request. The 

Bureau agrees that this phrase is 

unnecessary and has removed it from 

the final rule. 

Section 1070.13 & Public Inspection and 

Copying 

Section 1070.13(d) Redaction of 

Identifying Details 

Section 1070.13 addresses the 

requirement that the Bureau make 

certain records available on its public 

website, and paragraph (d) addresses 

privacy-related redaction of those 

records. The Bureau proposed no 

revisions to this paragraph. However, 

one commenter noted that although 

§ 1070.13(d) discusses redacting records 

in the Bureau’s FOIA reading room for 

personal privacy, it does not mention 

any other FOIA exemptions. Although 

the commenter is correct that 

§ 1070.13(d) does not mention any other 

FOIA exemptions, the Bureau does not 

believe any changes to this provision are 

warranted because § 1070.13(a) already 

informs requesters that documents 

published in the Bureau’s FOIA reading 

room are ‘‘[s]ubject to the application of 

the FOIA exemptions and exclusions 

. . . .’’ The Bureau finalizes the 

provision in the final rule without 

modification. 

Section 1070.14 Requests for CFPB 

Records 

Section 1070.14(b) Form of Request 

Section 1070.14(b) specifies the form 

of FOIA requests, and it previously 

distinguished between requests made in 

writing and by electronic means. The 

Bureau proposed a technical change to 

this provision, to remove the phrase ‘‘or 

by electronic means’’ and add ‘‘as 

follows:’’ in its place. The Bureau also 

proposed changes to § 1070.14(b)(1) and 

(2) to clarify how requesters must 

submit FOIA requests to the Bureau. 

The Bureau proposed similar changes to 

the following sections: 1070.17(b)(1); 

1070.21(c); and 1070.22(e)(1)(i). The 

Bureau received no comments on these 

proposals and it finalizes them without 

modification. 

Section 1070.14(c) Content of Request 

Section 1070.14(c) specifies the 

content of FOIA requests. Although the 

Bureau did not propose revisions to 

paragraphs (c)(1), (3), and (6), it received 

several suggestions from another 

Federal agency concerning these 

provisions. First, the agency suggested 

revising paragraph (c)(1) to say that a 

‘‘FOIA request must describe the 

records that the requester seeks in 

sufficient detail.’’ The Bureau agrees 

and will make this edit as it is a core 

requirement of a perfected FOIA 

request. 

The agency also suggested removing 

the phrase ‘‘[a]s a general rule’’ from the 

last sentence of paragraph (c)(1) because 

it is unnecessary. The Bureau agrees and 

has removed this text from the final 

rule. 

Next, the agency suggested removing 

the part of paragraph (c)(3) that 

concerns requests to inspect records. 

The Bureau agrees that this provision is 

unnecessary and that, as a practical 

matter, requesters do not seek to inspect 

records prior to production. In response, 

the Bureau has removed the provision 

concerning the inspection of records 

and added a provision directing that the 

‘‘request should state whether the 

requester wishes to receive the records 

in a specific format.’’ 

Finally, the agency suggested 

changing paragraph (c)(6) to allow 

requesters to seek expedited processing 

at any time during the processing. The 

Bureau’s rule previously required 

requesters to seek expedited processing 

with their initial requests. The agency 

noted that this provision could frustrate 

requesters by requiring them to 

withdraw and resubmit a request that 

includes a request for expedited 

processing. The Bureau agrees with the 

agency’s suggestion, but has instead 

changed § 1070.17(b)(1) in the final rule 

to address this concern. As such, 

revision to § 1070.14(c)(6) is not 

necessary in response to this suggestion. 

Section 1070.14(c)(4) 

Section 1070.14(c)(4) provides that a 

FOIA requester should indicate in the 

request whether the requester is a 

commercial user, an educational 

institution, non-commercial scientific 

institution, representative of the news 

media or ‘‘other’’ requester, as those 

terms are defined in § 1070.22(b). The 

section also informs requesters that they 

may contact the Bureau’s FOIA Public 

Liaison to seek assistance in 

determining the appropriate fee 


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46078 Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations 

category. Previously, the provision only 

permitted the Bureau to use information 

provided to the FOIA Public Liaison by 

a requester for the purpose of 

determining the requester’s fee category. 

The Bureau proposed to remove this 

limitation so that it could use this 

information for other purposes, such as 

aiding a requester in clarifying the scope 

of a request, assisting in identifying 

records sought by a requester, and 

helping to resolve disputes related to a 

request. 

The Bureau received two comment 

letters regarding this provision. One 

commenter noted that the section 

included a fee category, ‘‘governmental 

entity,’’ which is not recognized under 

the FOIA and is not defined anywhere 

in the Bureau’s regulations. The Bureau 

agrees and has removed this fee category 

from the final rule. Another commenter 

raised concerns about the removal of 

language limiting the purposes for 

which the FOIA Public Liaison could 

use information provided by a requester. 

The commenter suggested that the 

Bureau narrow its proposal to codify 

certain specified uses for which the 

FOIA Public Liaison could use the 

information. The Bureau declines to 

make this change. The purpose of this 

proposal was to provide the FOIA 

Public Liaison with additional 

flexibilities in using the information to 

assist requesters in the processing of 

their requests. The Bureau removed this 

provision with the goal of maximizing 

the FOIA Public Liaison’s ability to 

assist requesters with the processing of 

their requests and it believes that 

placing restrictions on the FOIA Public 

Liaison will hamper those efforts. For 

the aforementioned reasons, the Bureau 

finalizes the proposal without 

modification. 

Section 1070.14(c)(5) 

Section 1070.14(c)(5) provides that if 

a requester seeks a waiver or reduction 

of fees associated with processing a 

request, then the request shall include a 

statement to that effect. The text 

previously included a statement that 

any request that does not seek a waiver 

or reduction of fees constitutes an 

agreement of the requester to pay all 

fees up to $25. The Bureau proposed to 

remove this language in light of other 

proposed fee-related revisions. Under 

the Bureau’s proposed revisions to 

§ 1070.22(d) and (f), FOIA requesters 

could still specify an upper limit on the 

fees that they are willing to pay to 

process a request and the Bureau would 

notify a requester of any potential fees 

beyond that limit before processing the 

request. The Bureau received no 

comments on this proposal and it 

finalizes the proposal without 

modification. 

Section 1070.14(e) Requests by an 

Individual for CFPB Records Pertaining 

to That Individual 

Section 1070.14(e) directs individuals 

who wish to inspect or obtain records 

pertaining to themselves to seek access 

to the records pursuant to the Bureau’s 

regulations that implement the Privacy 

Act of 1974, in subpart E of the rule. 

The Bureau proposed no revisions to 

this provision. However, another 

Federal agency suggested that the 

Bureau directly reference its Privacy Act 

request identity verification procedures 

at § 1070.53(c) for first-party FOIA 

requests. It is the Bureau’s practice to 

use the same identity verification 

procedures outlined in § 1070.53(c) for 

both Privacy Act requests and first-party 

FOIA requests, and such a change 

would codify the Bureau’s current 

practice in its regulations. As such, the 

Bureau agrees with the commenter’s 

suggestion and has made this change in 

the final rule. 

Section 1070.14(g) Assistance From 

FOIA Public Liaison 

Section 1070.14 instructs requesters 

on how to request records from the 

Bureau under the FOIA. The Bureau 

received a suggestion from another 

Federal agency suggesting that it make 

the FOIA Public Liaison available more 

broadly to assist requesters. The Bureau 

agrees with the commenter’s suggestion 

and has added a new provision to its 

final rule, § 1070.14(g), which informs 

requesters that they can contact the 

FOIA Public Liaison to resolve any 

problems that arise during the 

processing of their requests. The Bureau 

believes that this change renders the 

reference to the FOIA Public Liaison in 

§ 1070.14(c)(4) unnecessary and has 

removed it from the final rule. 

Section 1070.15 Responsibility for 

Responding to Requests for CFPB 

Records 

Section 1070.15 addresses, among 

other things, the process by which the 

Bureau consults with other agencies 

regarding FOIA requests and/or refers 

FOIA requests to other agencies. The 

Bureau did not propose any revisions to 

this provision. However, one 

commenter noted that the Bureau 

separately proposed a new definition of 

‘‘agency’’ in § 1070.2(a) that included 

entities that are not subject to the FOIA. 

Were § 1070.15 to be read in 

conjunction with this proposed 

definition, the rule would seem to allow 

the Bureau to refer FOIA requests to 

agencies that are not subject to the 

FOIA. Because the Bureau is not 

finalizing the proposed definitions in 

§ 1070.2 in this final rule, this comment 

is moot. 

In addition, a Federal agency 

suggested that the Bureau update and 

clarify its process for referrals and 

consultations, and that the Bureau allow 

for an additional process whereby the 

Bureau would coordinate with another 

agency when referral and consultation 

are not appropriate. The Bureau agrees 

with this suggestion and has added 

language to the final rule concerning 

referrals, consultations, and 

coordination. The changes to the rule 

clarify when it is appropriate for the 

Bureau to refer a request to, consult, or 

coordinate with another agency when 

processing a FOIA request. It also 

clarifies how the Bureau will document 

referrals and notify requesters when the 

Bureau has decided to refer a request to 

another agency. 

Section 1070.16 Timing of Responses 

to Requests for CFPB Records 

Section 1070.16(d) Unusual 

Circumstances 

Section 1070.16(d) addresses 

circumstances where the Bureau 

requires an extension to respond to a 

FOIA request. The Bureau proposed no 

revisions to this provision. However, 

one commenter suggested that the 

Bureau add language to § 1070.16(d) 

stating that it will notify requesters of 

the availability of the services provided 

by the Bureau’s FOIA Public Liaison 

and the National Archives and Records 

Administration (NARA), Office of 

Government Information Services 

(OGIS) when the Bureau requires an 

extension due to ‘‘unusual 

circumstances’’ under this provision. 

The Bureau agrees with this suggestion 

and has revised the final rule to 

incorporate this change. 

In addition, a Federal agency 

suggested that the Bureau remove 

several of the references to FOIA 

appeals in this paragraph. Although 

‘‘unusual circumstances’’ may apply to 

the processing of a FOIA appeal, the 

agency pointed out that in such 

circumstances the Bureau would not 

give the requester an opportunity to 

modify the scope of the appeal. The 

Bureau agrees with this suggestion and 

has implemented it in the final rule, as 

this part of the paragraph is intended to 

apply to requests, not FOIA appeals. 


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Section 1070.17 Requests for 

Expedited Processing 

Section 1070.17(b) Form and Content of 

a Request for Expedited Processing 

Section 1070.17(b) instructs 

requesters on how to request expedited 

processing of a FOIA request. The 

Bureau proposed no revisions to this 

section. However, as explained above 

with respect to § 1070.14(c), in response 

to a suggestion from another Federal 

agency, the Bureau has revised 

§ 1070.17(b)(1) of the final rule to state 

that requesters may request expedited 

processing at any time during the 

processing of their requests. 

In addition, the Federal agency 

recommended that the Bureau revise 

§ 1070.17(b)(2)(ii) to clarify what a 

requester must show to obtain expedited 

processing of the requested records. The 

Bureau agrees and has revised the rule 

accordingly. The FOIA provides for 

expedited processing of a request upon 

a showing of a ‘‘compelling need,’’ 

which includes a request by a ‘‘person 

primarily engaged in disseminating 

information’’ where there is an ‘‘urgency 

to inform the public concerning actual 

or alleged Federal Government 

activity.’’ 5 U.S.C. 552(a)(6)(E). The rule 

did not previously explain what 

requesters must show to demonstrate 

that they are persons ‘‘primarily 

engaged in disseminating information.’’ 

The revised rule clarifies that a 

requester who is not a full-time member 

of the media must establish that the 

requester is a person ‘‘whose primary 

professional activity or occupation is 

information dissemination.’’ The 

revised rule also informs requesters that 

the existence of numerous articles on a 

given subject can be helpful in 

establishing that there is an ‘‘urgency to 

inform’’ the public on the topic of the 

request. 

Section 1070.17(c) Determinations of 

Requests for Expedited Processing 

Section 1070.17(c) states that the 

Bureau will decide requests for 

expedited processing within ten 

calendar days of its receipt of the 

request, and that it will notify the 

requester of its decision in writing. The 

Bureau proposed no revisions to this 

section. However, one commenter 

suggested that the Bureau revise the 

provision to require the Bureau to 

process requests for expedited 

processing within five business days, 

and to require the Bureau to provide 

requested records within three business 

days of granting a request for expedited 

processing. The Bureau declines to 

adopt this recommendation. The current 

rule requires the Bureau to decide 

whether to grant a request for expedited 

processing in ten calendar days, which 

is what the FOIA requires. Additionally, 

the Bureau notes that, as reflected in its 

most recent Annual FOIA Report, the 

average amount of time it takes the 

Bureau to adjudicate a request for 

expedited processing is one day. 

The Bureau also declines to commit 

itself to releasing requested records 

within three business days of granting a 

request for expedited processing. When 

the Bureau grants a request for 

expedited processing, it processes the 

request as quickly and efficiently as 

possible. As noted above, the Bureau, on 

average, adjudicates requests for 

expedited processing in one day. 

Processing a request within three days 

after expedited processing is granted 

will not be feasible in many cases, 

particularly in cases involving a large 

number of responsive records. 

For the aforementioned reasons, the 

Bureau finalizes the provision without 

modification. 

Section 1070.18 Responses to Requests 

for CFPB Records 

Section 1070.18(a) Acknowledgement of 

Requests 

Section 1070.18(a) requires the 

Bureau to acknowledge its receipt of 

FOIA requests. The provision 

previously created this requirement 

only for perfected requests. A Federal 

agency recommended that the Bureau 

delete the word ‘‘perfected,’’ thus 

requiring the Bureau to also 

acknowledge and provide requesters 

with tracking numbers for requests that 

have not been perfected. The Bureau 

agrees with this recommendation. This 

is the Bureau’s current practice, and it 

has revised the final rule to adopt this 

suggestion. 

Section 1070.18(a)(4) 

Section 1070.18(a)(4) specifies what 

fee-related information the Bureau will 

include in acknowledgement letters it 

sends to requesters. The Bureau 

proposed to make a technical change to 

this provision, removing the phrase ‘‘(of 

not less than $25)’’ to account for the 

proposed revisions to fee-related 

provisions in § 1070.22(d) and (f). The 

Bureau received no comments on this 

proposal and it finalizes the proposal 

without modification. 

Section 1070.18(b) Initial 

Determination To Grant or Deny a 

Request 

Section 1070.18(b)(2) 

Section 1070.18(b)(2) addresses the 

Bureau’s response to a request that has 

been granted in full or in part. The 

Bureau proposed no revisions to this 

provision. However, a Federal agency 

recommended that the Bureau revise 

§ 1070.18(b)(2) to notify requesters that 

they can seek assistance from the 

Bureau’s FOIA Public Liaison when the 

Bureau grants a request in full or in part. 

The Bureau agrees with this 

recommendation and has revised the 

final rule to incorporate it. 

Section 1070.18(b)(4) 

Section 1070.18(b)(4) addresses the 

Bureau’s response to a request that it 

determines should be denied in whole 

or in part. The Bureau proposed to add 

a new provision at § 1070.18(b)(4)(iv) 

requiring it to inform requesters of the 

right to seek dispute resolution services 

from the Bureau’s FOIA Public Liaison 

or OGIS. The Bureau also proposed to 

renumber the existing provisions under 

§ 1070.18(b)(4) to accommodate this 

change. The Bureau noted in its 

proposal that this change is required by 

the FOIA Improvement Act of 2016. The 

Bureau received no comments on this 

proposal and it finalizes the proposal 

without modification. 

Section 1070.18(c) Resolution of 

Disputes 

The Bureau proposed a new 

paragraph in § 1070.18 to inform 

requesters about the resources available 

to resolve any disputes that may arise 

during the request process. These 

resources are the Bureau’s FOIA Public 

Liaison and mediation services 

provided by OGIS. One commenter 

suggested that the Bureau remove a 

provision in § 1070.18(c)(2) stating that 

the Bureau will not ‘‘defer to OGIS 

mediation decision in particular cases.’’ 

The commenter reasoned that this 

provision is not necessary because OGIS 

does not issue decisions. The Bureau 

agrees and it has revised the final rule 

to incorporate this recommendation. 

Section 1070.18(d) Format of Records 

Disclosed 

The Bureau proposed a new 

paragraph to inform requesters that they 

may request records in a particular 

format. Under this proposal, the Bureau 

would provide records in a requested 

format when the requested format can 

readily be reproduced from the original 

file. The Bureau received no comments 

on this proposal and it finalizes the 

proposal without modification. 

Section 1070.20 Requests for Business 

Information Provided to the CFPB 

Section 1070.20(f) Opportunity To 

Object to Disclosure 

Section 1070.20(f) provides a 

submitter of business information with 


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ten business days to object to the 

Bureau’s disclosure of the submitter’s 

business information. The Bureau 

proposed to make two technical changes 

to this provision clarifying that the 

Bureau will delay any release of 

information to afford the submitter ten 

business days to object to the disclosure. 

The Bureau received one comment in 

support of this proposed change and it 

finalizes the proposal without 

modification. 

Section 1070.21 Administrative 

Appeals 

Section 1070.21(b) Time Limits for 

Filing Administrative Appeals 

Section 1070.21(b) provides the time 

limits for filing administrative appeals. 

The Bureau proposed to revise this 

provision to clarify that the time period 

for filing an appeal begins on the day 

after the date the initial determination is 

sent to the requester or the date of the 

letter transmitting the last records 

released, whichever is later. The Bureau 

also proposed to change the time limit 

for filing an administrative appeal from 

45 days to 90 days. This change is 

required by the FOIA Improvement Act 

of 2016. The Bureau received no 

comments on these proposals and it 

finalizes them without modification. 

Section 1070.21(d) Processing of 

Administrative Appeals 

Section 1070.21(d) specifies how the 

Bureau will process administrative 

appeals. The Bureau proposed to 

remove the requirement that appeals be 

stamped with the date of their receipt by 

the FOIA Office. The FOIA Office does 

not stamp an appeal with the date the 

Bureau received it, but the date is 

recorded in the Bureau’s system for 

tracking FOIA requests. This 

requirement is outmoded and the 

Bureau proposed to remove it to account 

for its current practice. 

Section 1070.21(d) also previously 

provided that appeals would be 

processed in the order in which they are 

received. Since adopting this provision 

in 2011, the Bureau has found that it is 

not always practicable to complete 

action on appeals in the order in which 

they are received, and sometimes has 

chosen to act on a simple later-received 

appeal rather than delay action pending 

completion of a more complex earlierreceived appeal. In order to better align 

the regulation with current practice, the 

Bureau proposed to delete the provision 

calling for first-in-first-out processing of 

appeals. 

The Bureau received no comments on 

these proposals and it finalizes them 

without modification. 

Section 1070.21(e) Determinations To 

Grant or Deny Administrative Appeals 

Section 1070.21(e) authorizes the 

General Counsel to decide 

administrative appeals, and 

§ 1070.21(e)(3) allows for remand of a 

FOIA determination as one option for 

the General Counsel’s disposition of an 

appeal. The Bureau proposed to amend 

the first sentence of § 1070.21(e) to add 

a reference to remands so that all 

options for disposition of appeals are 

listed in that sentence. The Bureau 

received no comments on its proposed 

revision and it finalizes the revision 

without modification. In addition, one 

commenter recommended that the 

Bureau also include a provision in 

§ 1070.21(e) committing the Bureau to 

work as an active partner during the 

OGIS dispute resolution process when 

the Bureau agrees to participate in the 

process concerning a particular request. 

The Bureau agrees with this 

recommendation and has revised the 

final rule to incorporate it. 

Section 1070.22 Fees for Processing 

Requests for CFPB Records 

Section 1070.22(a) In General 

Section 1070.22(a) directs the Bureau 

to determine whether and to what 

extent to charge a requester fees for 

processing a FOIA request. Among other 

things, the provision previously stated 

that the Bureau charges certain fees 

‘‘unless circumstances exist . . . that 

render fees inapplicable or inadvisable 

or unless the requester has requested 

and the [Bureau] has granted a 

reduction in or waiver of fees. . . .’’ 

The Bureau proposed no revisions to 

this provision. However, a Federal 

agency recommended that the Bureau 

remove the phrase ‘‘or inadvisable’’ 

from § 1070.22(a) because it is not clear 

what the phrase means in this context. 

The Bureau agrees and has removed this 

phrase from the final rule. 

Section 1070.22(b) Categories of 

Requesters 

Section 1070.22(b) identifies 

appropriate fee categories for requesters. 

One commenter suggested that 

community-based organizations and 

non-profits ‘‘be added to the category 

that would obtain the lowest fees’’ or, 

alternatively, that the Bureau create a 

new fee category for such groups where 

they would pay the lowest processing 

fees. The Bureau declines to adopt this 

recommendation. The fee categories are 

defined by statute and the Office of 

Management and Budget’s fee guidance, 

and the Bureau does not believe it 

would be appropriate for it to create a 

new fee category that was not 

contemplated by the FOIA. The Bureau 

also cannot commit to placing all nonprofits and community based 

organizations in the lowest fee 

categories because not all such 

organizations will meet the 

requirements for placement in these fee 

categories. The Bureau believes that the 

current FOIA fee categories and the fee 

waiver provisions in the Bureau’s rule 

are sufficient to address the concerns 

raised by the commenter. 

Section 1070.22(b)(1)(i) 

Section 1070.22(b)(1)(i) defines the 

‘‘Commercial user’’ category of 

requester. The Bureau proposed to 

amend this provision to clarify that the 

Bureau’s decision to place a requester in 

the commercial user category will be 

made on a case-by-case basis based on 

how the requester will use the 

information. The Bureau proposed this 

change to clarify how it will make 

decisions whether to place a requester 

in the commercial user category. The 

Bureau received no comments on this 

proposal and it finalizes the proposal 

without modification. 

Section 1070.22(b)(1)(ii) 

Section 1070.22(b)(1)(ii) defines the 

‘‘Educational institution’’ category of 

requester. Several commenters 

suggested that the Bureau update the 

definition to more accurately reflect the 

text of the FOIA and recent case law 

expanding the scope of the term 

‘‘educational institution’’ to include 

students at educational institutions who 

submit a FOIA request in furtherance of 

coursework or other school-sponsored 

activities. See Sack v. U.S. Dep’t of 

Defense, 823 F.3d 687 (D.C. Cir. 2016). 

The Bureau agrees with the commenters 

and has so revised this provision in the 

final rule, including by adding three 

examples of requesters to clarify under 

which circumstances a requester would 

fall within the scope of this fee category. 

The Bureau has also made 

corresponding changes to 

§ 1070.22(c)(2), removing information 

that is no longer necessary in light of the 

revisions to § 1070.22(b)(1)(ii). 

Section 1070.22(b)(2) 

Section 1070.22(b)(2) provides that 

the Bureau will notify a requester of its 

determination as to the proper fee 

category to apply to the requester. The 

provision previously provided that the 

Bureau make its determination based on 

a review of the requester’s submission 

and the Bureau’s own records. The 

Bureau proposed to delete this 

limitation to clarify that it may base its 

determination on other appropriate 

information, including phone 


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conversations with the requester and 

publicly available information. The 

Bureau received no comments on this 

proposal and it finalizes the proposal 

without modification. 

Section 1070.22(d) Other 

Circumstances When Fees Are Not 

Charged 

Section 1070.22(d) provides certain 

circumstances where the Bureau may 

not charge a requester a fee for 

processing a FOIA request. The Bureau 

proposed to insert a new paragraph at 

§ 1070.22(d)(2) and to renumber 

§ 1070.22(d) to accommodate the new 

paragraph. The Bureau explained in its 

proposal that the new paragraph would 

provide that it will not charge a 

requester any fees when the fee, 

excluding duplication costs, is less than 

$250. The Bureau proposed this change 

as part of its larger goal of revising the 

process for how it assesses FOIA 

processing fees and how the Bureau 

notifies requesters of such fees. The 

Bureau explained that this new 

provision would streamline its process 

for assessing FOIA fees. This change 

would allow the Bureau to process 

FOIA requests more quickly and 

efficiently because the Bureau would no 

longer need to contact a FOIA requester 

concerning processing fees when the 

cost to process the request is less than 

$250. As such, this provision would 

provide information to these requesters 

more quickly and at a reduced cost to 

the requesters. 

A Federal agency suggested that the 

Bureau should remove § 1070.22(d)(1) 

because it is no longer necessary given 

other revisions the Bureau has proposed 

to its FOIA regulations. The agency also 

recommended that the Bureau clarify 

§ 1070.22(d)(2) because it is not clear 

from the proposed revisions whether 

duplication costs would be included in 

the proposed $250 threshold. 

The Bureau intended its proposed 

$250 fee threshold to only apply to 

search and review costs, not duplication 

costs. Under its proposal, the Bureau 

would not charge any fees if the search 

and review fees were less than $250, but 

it did not intend for duplication costs to 

be subject to this threshold. The Bureau 

intended to subject duplication costs to 

§ 1070.22(d)(1), which provides that the 

Bureau will not charge a requester any 

FOIA processing fee when the cost of 

collecting the fee is equal to or greater 

than the fee itself. The Bureau intended 

to make this distinction because most of 

its FOIA responses are transmitted to 

requesters electronically and result in 

no duplication costs. The Bureau did 

not intend to offer requesters up to $250 

worth of duplication without charge 

when the Bureau can almost always 

provide records in an electronic format. 

The Bureau has made clarifying 

revisions to its rule to address the 

agency’s comments. 

Section 1070.22(d)(4) 

Section 1070.22(d)(4) addresses 

miscellaneous circumstances where the 

Bureau may not assess fees. The Bureau 

proposed to revise this provision to 

prohibit it from charging search fees, or 

in certain cases duplication fees, when 

the Bureau has failed to comply with 

time limits under § 1070.16 or 

§ 1070.21, unless (1) unusual 

circumstances apply to the processing of 

the request; (2) the Bureau has provided 

timely written notice of the unusual 

circumstances to the requester; (3) more 

than 5,000 pages are necessary to 

respond to the request; and (4) the 

Bureau has discussed with the requester 

(or made three good-faith attempts to do 

so) how the requester could effectively 

limit the scope of the request. These 

changes are required by the FOIA 

Improvement Act of 2016. 

A Federal agency recommended that 

the Bureau revise § 1070.22(d)(4), 

reasoning that the proposal’s exception 

to when the Bureau can charge FOIA 

processing fees when it does not meet 

FOIA timelines was technically broader 

than the FOIA’s requirements. In 

addition, the Federal agency 

recommended revising the paragraph to 

account for a scenario where a court 

determines that exceptional 

circumstances apply to a request. The 

Federal agency also noted a technical 

error in a cross-reference in the 

paragraph. The Bureau had intended for 

proposed § 1070.22(d)(4) to be 

coextensive with the FOIA. In response 

to these suggestions, the Bureau has 

revised the provision to more closely 

align with the FOIA’s requirements, and 

it has added a paragraph to address a 

potential court determination that 

exceptional circumstances apply. It has 

also fixed the identified cross-reference. 

The Bureau otherwise finalizes its 

proposal. 

Section 1070.22(e) Waiver or 

Reduction of Fees 

Section 1070.22(e)(5) 

Section 1070.22(e)(5) provides that 

the Bureau will decide whether to grant 

or deny a request to reduce or waive 

fees prior to processing the FOIA 

request and that the Bureau will notify 

the requester of such a determination in 

writing. The Bureau proposed to delete 

this requirement because it is 

unnecessary in light of other proposed 

fee-related revisions. The Bureau 

explained in its proposal that in many 

cases involving requests for fee waivers, 

the Bureau would be able to process the 

FOIA request without deciding the 

merits of the fee waiver request because 

the processing fees would be less than 

$250. It further reasoned that removing 

this requirement would allow the 

Bureau to process FOIA requests more 

efficiently and provide information to 

requesters more quickly. Under the 

Bureau’s proposal, the Bureau would 

notify a requester when it had denied a 

fee waiver request and processing the 

request would incur fees. The Bureau 

received no comments on this proposal 

and it finalizes the proposal without 

modification. 

Section 1070.22(e)(6) 

Section 1070.22(e)(6) specifies what 

information the Bureau will include in 

the letter it sends notifying the requester 

that the Bureau has denied a request for 

a waiver or reduction of fees. The 

Bureau proposed to make a technical 

change to this provision, removing the 

phrase ‘‘(of not less than $25)’’ to 

account for other newly proposed feerelated provisions. The Bureau received 

no comments on this proposal and it 

finalizes the proposal without 

modification. 

Section 1070.22(f) Advance Notice and 

Prepayment of Fees 

Section 1070.22(f) describes the 

Bureau’s process for notifying a 

requester of any processing fees 

associated with a FOIA request. The 

Bureau proposed several changes to this 

provision to clarify and streamline its 

process for assessing FOIA processing 

fees and for notifying requesters of such 

fees. First, the Bureau proposed to 

revise § 1070.22(f) to provide that the 

Bureau would notify a requester of the 

estimated fees to process a FOIA request 

when the estimated fees are $250 or 

more and the estimated fees exceed the 

limit set by the requester, the requester 

has not specified a limit, or the Bureau 

has denied a request for a reduction or 

waiver of fees. Next, the Bureau 

proposed to revise § 1070.22(f) to raise 

the fee threshold above which a 

requester must pre-pay estimated 

processing fees from $250 to $1000. The 

Bureau explained in its proposal that 

this change was necessary because of 

the Bureau’s proposed change to 

§ 1070.22(d): The Bureau proposed 

raising its previous pre-payment 

threshold of $250 because it would no 

longer charge fees for processing a 

request when the fees are $250 or less. 

The Bureau further explained that its 

proposed revisions to § 1070.22(f) 

would require a requester to agree to 


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pay processing fees before the Bureau 

began processing the request. The 

Bureau said that such an agreement 

would provide sufficient assurance of 

payment for fees less than $1000, and 

that this change was in accordance with 

the Bureau’s practice for requiring prepayment of fees. Furthermore, the 

Bureau explained that this change 

would allow it to process FOIA requests 

more efficiently and provide records to 

requesters more quickly. The Bureau 

received no comments on these 

proposals and it finalizes them with 

only technical changes to the numbering 

of paragraphs in the section. 

Section 1070.23 Authority and 

Responsibilities of the Chief FOIA 

Officer 

Section 1070.22(a) Chief FOIA Officer 

Section 1070.22(a) discusses the role 

of the Bureau’s Chief FOIA Officer. The 

Bureau proposed inserting two new 

paragraphs. The first concerns the Chief 

FOIA Officer’s responsibility to offer 

training to Bureau staff regarding their 

responsibilities under the FOIA, and the 

second concerns the Chief FOIA 

Officer’s role as the primary Bureau 

liaison with the OGIS and the 

Department of Justice’s Office of 

Information Policy. The Bureau also 

proposed to renumber the provisions in 

this section to accommodate these 

changes. These changes are required by 

the FOIA Improvement Act of 2016. The 

Bureau received no comments on these 

proposals and it finalizes them without 

modification. 

Subpart C—Disclosure of CFPB 

Information in Connection With Legal 

Proceedings 

Subpart C addresses the disclosure of 

Bureau information in connection with 

legal proceedings. The Bureau proposed 

several technical corrections throughout 

the subpart. The Bureau received no 

comments regarding these technical 

corrections, and it finalizes them 

without modification. 

Section 1070.30 Purpose and Scope; 

Definitions 

Section 1070.30(a) 

Section 1070.30(a) defines the 

circumstances for which the procedures 

outlined in subpart C apply. The Bureau 

proposed to delete paragraph (a)(1) from 

this provision and to renumber the 

section accordingly. This was intended 

as a technical change to account for 

moving § 1070.31 to subpart A. The 

Bureau received no comments regarding 

this proposal, and it finalizes the 

proposal without modification. 

Section 1070.30(e) 

Section 1070.30(e)(2) 

Section 1070.30(e)(2) defines the term 

‘‘legal proceeding’’ for subpart C. The 

Bureau proposed to add the phrase 

‘‘their agents’’ to the last sentence of this 

provision to clarify that this definition 

applies to formal and informal requests 

made by both attorneys and their agents. 

The Bureau received no comments 

regarding this proposal, and it finalizes 

the proposal without modification. 

Former § 1070.31 Service of 

Summonses and Complaints 

Former § 1070.31 provided the 

process for serving the Bureau with 

summonses or complaints. As discussed 

above with respect to proposed § 1070.5, 

the Bureau proposed to delete § 1070.31 

from subpart C and move it to a new 

§ 1070.5 in subpart A. The Bureau also 

proposed to renumber sections and 

cross-references in subpart C to account 

for this change. The Bureau received no 

comments regarding these proposals, 

and it finalizes them without 

modification. 

Proposed § 1070.31 Service of 

Subpoenas, Court Orders, and Other 

Demands for CFPB Information or 

Action 

Proposed § 1070.31(d) 

Proposed § 1070.31(d) (formerly 

§ 1070.32(d)) provides that the Bureau is 

not authorized to accept on behalf of its 

employees any subpoenas, orders, or 

other demands or requests, which are 

not related to the employees’ official 

duties. The previous text of the 

provision implied that it is the Bureau’s 

practice to accept such demands or 

requests ‘‘upon the express, written 

authorization of the individual CFPB 

employee to whom such demand or 

request is directed.’’ The Bureau 

proposed to delete this part of the 

provision because it is not the general 

practice of the Bureau to accept service 

on behalf of individual employees. The 

Bureau further proposed deleting the 

paragraph’s introductory caveat, 

‘‘[e]xcept as otherwise provided in this 

subpart,’’ because the subpart does not 

otherwise provide for the Bureau to act 

as an agent for service for subpoenas, 

orders, or other demands or requests 

that do not relate to employees’ official 

conduct. The Bureau received no 

comments regarding these proposals, 

and it finalizes them without 

modification. 

Section 1070.33 Procedure When 

Testimony or Production of Documents 

is Sought; General 

Section 1070.33(b) 

Section 1070.33(b) provides that the 

General Counsel may require a party 

seeking official information through 

testimony, Bureau records, or other 

material, to describe all reasonably 

foreseeable demands for such 

information. The Bureau proposed to 

make several technical changes to 

clarify this provision. The Bureau 

received no comments regarding these 

changes, and it finalizes the proposal 

without modification. 

Subpart E—The Privacy Act 

Section 1070.51 Authority and 

Responsibilities of the Chief Privacy 

Officer 

Section 1070.51 specifies the 

authority and responsibilities of the 

Bureau’s Chief Privacy Officer. The 

Bureau proposed to add a new 

paragraph at § 1070.51(a) authorizing 

the Chief Privacy Officer to ‘‘[d]evelop, 

implement, and maintain an 

organization-wide privacy program’’ 

and to renumber the other paragraphs in 

§ 1070.51 to reflect this change. This 

change is in accordance with National 

Institute of Standards and Technology 

(NIST) Special Publication 800–53 

Revision 4, which provides that 

agencies should ‘‘[appoint] a Senior 

Agency Official for Privacy (SAOP)/ 

Chief Privacy Officer (CPO) accountable 

for developing, implementing, and 

maintaining an organization-wide 

governance and privacy program to 

ensure compliance with all applicable 

laws and regulations regarding the 

collection, use, maintenance, sharing, 

and disposal of personally identifiable 

information (PII) by programs and 

information systems. . . .’’ The Bureau 

proposed this change to clarify the 

authority of its Chief Privacy Officer. 

The Bureau received no comments on 

this proposal, and it finalizes the 

proposal without modification. 

Section 1070.53 Request for Access to 

Records 

Section 1070.53(a) Procedures for 

Making a Request for Access to Records 

Section 1070.53(a) specifies the 

procedures for making Privacy Act 

requests for records. The previous text 

distinguished between requests made in 

writing and by electronic means. The 

Bureau proposed a technical change to 

this provision, to remove the phrase ‘‘or 

by electronic means’’ and add ‘‘as 

follows:’’ in its place. The Bureau also 

proposed changes to § 1070.53(a)(1) to 


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2Section 1022(b)(2)(A) of the Dodd-Frank Act 

addresses the consideration of the potential benefits 

and costs of regulation to consumers and covered 

persons, including the potential reduction of access 

by consumers to consumer financial products or 

services; the impact on depository institutions and 

credit unions with $10 billion or less in total assets 

as described in section 1026 of the Dodd-Frank Act; 

and the impact on consumers in rural areas. Section 

1022(b)(2)(B) directs the Bureau to consult, before 

and during the rulemaking, with appropriate 

prudential regulators or other Federal agencies, 

regarding consistency with objectives those 

agencies administer. 

3The Bureau has discretion in any rulemaking to 

choose an appropriate scope of analysis with 

respect to potential benefits and costs and an 

appropriate baseline. 

clarify how requesters must submit 

Privacy Act requests to the Bureau. The 

Bureau proposed similar changes to 

§§ 1070.56(a) and 1070.58(b). The 

Bureau received no comments on this 

proposal and it finalizes the proposal 

without modification. 

Section 1070.56 Request For 

Amendment of Records 

Section 1070.56(a) Procedures for 

Making Request 

Section 1070.56(a)(2)(i) 

Section 1070.56(a)(2)(i) provides that 

an individual requesting an amendment 

of a record must identify the system of 

records containing the record. The 

Bureau proposed to revise this provision 

to allow an individual to provide a 

description of the record in sufficient 

detail to allow Bureau personnel to 

locate the system of records containing 

the record. This revision was intended 

to provide a requester with more 

flexibility in the event that the requester 

does not know the precise name of the 

applicable system of records. 

Furthermore, this proposal was 

consistent with § 1070.53(b)(2), which 

specifies requirements for requests for 

access to records. The Bureau received 

no comments on this proposal, and it 

finalizes the proposal without 

modification. 

Section 1070.61 Training; Rules of 

Conduct; Penalties for Non-Compliance 

Section 1070.61 addresses, among 

other things, the Bureau’s obligations to 

conduct privacy-related training and 

establish rules of conduct related to 

privacy. The Bureau proposed to replace 

references to ‘‘employees of Government 

contractors’’ with the term ‘‘contract 

personnel’’ to avoid confusion with 

respect to § 1070.2(k) (proposed 

§ 1070.2(l)), which defines the term 

‘‘employee.’’ The Bureau received no 

comments on this proposal, and it 

finalizes the proposal without 

modification. 

VI. Section 1022(b)(2)(A) of the DoddFrank Act 

In developing this final rule, the 

Bureau has considered the potential 

benefits, costs, and impacts as required 

by section 1022(b)(2)(A) of the DoddFrank Act.2 This analysis describes 

these impacts solely for the Touhy 

procedures as the remaining provisions 

of this rule are not promulgated under 

federal consumer financial protection 

laws. The benefits and costs of those 

provisions are discussed above. The 

Bureau has consulted, or offered to 

consult with, the prudential regulators 

and the Federal Trade Commission, 

including consultation regarding 

consistency with any prudential, 

market, or systemic objectives 

administered by such agencies. 

The Bureau has chosen to consider 

the benefits, costs, and impacts of the 

final rule as compared to the status quo, 

namely the Bureau’s regulations as set 

forth by the Bureau on February 15, 

2013, 78 FR 11483 (Feb. 15, 2013).3 The 

Bureau does not have data with which 

to quantify the benefits or costs of the 

final rule, nor were any data provided 

by commenters. As such, the discussion 

below considers the qualitative costs, 

benefits, and impacts that the Bureau 

anticipates from the rule. The Bureau 

also notes that the discussion below 

should be read in conjunction with the 

discussion of benefits and costs in the 

Section-by-Section discussion above. 

As relevant, the final rule revises 

subparts A and C of part 1070 of title 12 

of the Code of Federal Regulations: The 

revisions to Subpart A offer 

clarifications of procedures related to 

the certification of authenticity of 

Bureau records and the service of 

summonses or complaints on the 

Bureau; the revisions to Subpart C 

include organizational and clarifying 

revisions to the provisions related to the 

Bureau’s Touhy regulations. 

As these revisions mainly include 

clarifications, corrections and technical 

changes, they will have limited impacts 

on consumers and covered persons. 

The final rule will not have an 

appreciable impact on consumers’ 

access to consumer financial products 

or services, as the scope of the final rule 

is limited to matters related to access to 

certain types of information, and does 

not relate to credit access. 

The final rule will not have a unique 

impact on insured depository 

institutions or insured credit unions 

with $10 billion or less in assets as 

described in section 1026(a) of the 

Dodd-Frank Act as the rule does not 

distinguish information regarding such 

institutions or procedures applicable to 

such institutions. 

The final rule will not have a unique 

impact on consumers in rural areas as 

the rule does not distinguish 

information regarding consumers in 

rural areas or procedures applicable to 

such consumers. 

VII. Procedural Requirements 

The Regulatory Flexibility Act, 5 

U.S.C. 601 et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act of 1996 (the RFA), requires 

each agency to consider the potential 

impact of its regulations on small 

entities, including small businesses, 

small governmental units, and small 

not-for-profit organizations, unless the 

head of the agency certifies that the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. The undersigned so certifies. 

The rule does not impose any 

obligations or standards of conduct for 

purposes of analysis under the RFA, and 

it therefore does not give rise to a 

regulatory compliance burden for small 

entities. 

Finally, the Bureau has determined 

that this rule does not impose any new 

recordkeeping, reporting, or disclosure 

requirements on members of the public 

that would be collections of information 

requiring approval under the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

VIII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Bureau 

will submit a report containing this rule 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to the 

rule’s published effective date. The 

Office of Information and Regulatory 

Affairs has designated this rule as not a 

‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 12 CFR Part 1070 

Confidential business information, 

Consumer protection, Freedom of 

information, Privacy. 

Authority and Issuance 

For the reasons set forth in the 

preamble, the Bureau amends 12 CFR 

part 1070 to read as follows: 

PART 1070—DISCLOSURE OF 

RECORDS AND INFORMATION 

■ 1. The authority citation is revised to 

read as follows: 

Authority: 12 U.S.C. 5481 et seq.; 5 U.S.C. 

552; 5 U.S.C. 552a; 18 U.S.C. 1905; 18 U.S.C. 

641; 44 U.S.C. ch. 31; 44 U.S.C. ch. 35; 12 

U.S.C. 3401 et seq. 


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Subpart A—General Provisions and 

Definitions 

■ 2. Revise § 1070.1 to read as follows: 

§ 1070.1 Authority, purpose, and scope. 

(a) Authority. (1) This part is issued 

by the Bureau of Consumer Financial 

Protection, an independent Bureau 

within the Federal Reserve System, 

pursuant to the Consumer Financial 

Protection Act of 2010, 12 U.S.C. 5481 

et seq.; the Freedom of Information Act, 

5 U.S.C. 552; the Privacy Act of 1974, 

5 U.S.C. 552a; the Federal Records Act, 

44 U.S.C. 3101; the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq.; 

the Right to Financial Privacy Act of 

1978, 12 U.S.C. 3401; the Trade Secrets 

Act, 18 U.S.C. 1905; 18 U.S.C. 641; and 

any other applicable law that establishes 

a basis for the exercise of governmental 

authority by the CFPB. 

(2) This part establishes mechanisms 

for carrying out the CFPB’s statutory 

responsibilities under the statutes in 

paragraph (a)(1) of this section to the 

extent those responsibilities require the 

disclosure, production, or withholding 

of information. In this regard, the CFPB 

has determined that the CFPB, and its 

delegates, may disclose information of 

the CFPB, in accordance with the 

procedures set forth in this part, 

whenever it is necessary or appropriate 

to do so in the exercise of any of the 

CFPB’s authority. The CFPB has 

determined that all such disclosures, 

made in accordance with the rules and 

procedures specified in this part, are 

authorized by law. 

(b) Purpose and scope. This part 

contains the CFPB’s rules relating to the 

disclosure of records and information 

generated by and obtained by the CFPB. 

(1) Subpart A contains general 

provisions and definitions used in this 

part. 

(2) Subpart B implements the 

Freedom of Information Act, 5 U.S.C. 

552. 

(3) Subpart C sets forth the procedures 

with respect to subpoenas, orders, or 

other requests for CFPB information in 

connection with legal proceedings. 

(4) Subpart D provides for the 

protection of confidential information 

and procedures for sharing confidential 

information with supervised 

institutions, government Agencies, and 

others in certain circumstances. 

(5) Subpart E implements the Privacy 

Act of 1974, 5 U.S.C. 552a. 

■ 3. Revise § 1070.2(c) to read as 

follows: 

§ 1070.2 General definitions. 

* * * * * 

(c) Chief FOIA Officer means the Chief 

Operating Officer of the CFPB. 

* * * * * 

■ 4. Revise §§ 1070.3 and 1070.4 to read 

as follows: 

§ 1070.3 Custodian of records; 

certification; alternative authority. 

(a) Custodian of records. The Chief 

Operating Officer is the official 

custodian of all records of the CFPB, 

including records that are in the 

possession or control of the CFPB or any 

CFPB employee. 

(b) Certification of record. The Chief 

Operating Officer may certify the 

authenticity of any CFPB record or any 

copy of such record, or the absence 

thereof, for any purpose, and for or 

before any duly constituted Federal or 

State court, tribunal, or agency. 

(c) Alternative authority. Any action 

or determination required or permitted 

to be done by the Chief Operating 

Officer may be done by any employee 

who has been duly designated for this 

purpose by the Chief Operating Officer. 

§ 1070.4 Records of the CFPB not to be 

otherwise disclosed. 

Except as provided by this part, 

employees or former employees of the 

CFPB, or others in possession of a 

record of the CFPB that the CFPB has 

not already made public, are prohibited 

from disclosing such records, without 

authorization, to any person who is not 

an employee of the CFPB. 

■ 5. Add § 1070.5 to read as follows: 

§ 1070.5 Service of summonses and 

complaints. 

(a) Only the General Counsel is 

authorized to receive and accept 

summonses or complaints sought to be 

served upon the CFPB or CFPB 

employees sued in their official 

capacity. Such documents should be 

served upon the General Counsel, 

Consumer Financial Protection Bureau, 

1700 G Street NW, Washington, DC 

20552. This authorization for receipt 

shall in no way affect the requirements 

of service elsewhere provided in 

applicable rules and regulations. 

(b) If, notwithstanding paragraph (a) 

of this section, any summons or 

complaint described in that paragraph is 

delivered to an employee of the CFPB, 

the employee shall decline to accept the 

proffered service and may notify the 

person attempting to make service of the 

regulations set forth herein. If, 

notwithstanding this instruction, an 

employee accepts service of a document 

described in paragraph (a) of this 

section, the employee shall immediately 

notify and deliver a copy of the 

summons and complaint to the General 

Counsel. 

(c) When a CFPB employee is sued in 

an individual capacity for an act or 

omission occurring in connection with 

duties performed on behalf of the CFPB 

(whether or not the officer or employee 

is also sued in an official capacity), the 

employee by law is to be served 

personally with process. See Fed. R. 

Civ. P. 4(i)(3). An employee sued in an 

individual capacity for an act or 

omission occurring in connection with 

duties performed on behalf of the CFPB 

shall immediately notify, and deliver a 

copy of the summons and complaint to, 

the General Counsel. 

(d) The CFPB will only accept service 

of process for an employee sued in his 

or her official capacity. Documents for 

which the General Counsel accepts 

service in official capacity shall be 

marked ‘‘Service Accepted in Official 

Capacity Only.’’ Acceptance of service 

shall not constitute an admission or 

waiver with respect to jurisdiction, 

propriety of service, improper venue, or 

any other defense in law or equity 

available under applicable laws or rules. 

■ 6. Revise subparts B and C to read as 

follows: 

Subpart B—Freedom of Information Act 

Sec. 

1070.10 General. 

1070.11 Information made available; 

discretionary disclosures. 

1070.12 Publication in the Federal Register. 

1070.13 Public inspection in an electronic 

format. 

1070.14 Requests for CFPB records. 

1070.15 Responsibility for responding to 

requests for CFPB records. 

1070.16 Timing of responses to requests for 

CFPB records. 

1070.17 Requests for expedited processing. 

1070.18 Responses to requests for CFPB 

records. 

1070.19 Classified information. 

1070.20 Requests for business information 

provided to the CFPB. 

1070.21 Administrative appeals. 

1070.22 Fees for processing requests for 

CFPB records. 

1070.23 Authority and responsibilities of 

the Chief FOIA Officer. 

Subpart C—Disclosure of CFPB Information 

in Connection With Legal Proceedings 

Sec. 

1070.30 Purpose and scope; definitions. 

1070.31 Service of subpoenas, court orders, 

and other demands for CFPB information 

or action. 

1070.32 Testimony and production of 

documents prohibited unless approved 

by the General Counsel. 

1070.33 Procedure when testimony or 

production of documents is sought; 

general. 

1070.34 Procedure when response to 

demand is required prior to receiving 

instructions. 


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1070.35 Procedure in the event of an 

adverse ruling. 

1070.36 Considerations in determining 

whether the CFPB will comply with a 

demand or request. 

1070.37 Prohibition on providing expert or 

opinion testimony. 

Subpart B—Freedom of Information 

Act 

§ 1070.10 General. 

This subpart contains the regulations 

of the CFPB implementing the Freedom 

of Information Act (the FOIA), 5 U.S.C. 

552, as amended. These regulations set 

forth procedures for requesting access to 

records maintained by the CFPB. These 

regulations should be read together with 

the FOIA, the 1987 Office of 

Management and Budget Guidelines for 

FOIA Fees, the CFPB’s Privacy Act 

regulations set forth in subpart E of this 

part, and the FOIA web page on the 

CFPB’s website, http://

www.consumerfinance.gov, which 

provide additional information about 

this topic. 

§ 1070.11 Information made available; 

discretionary disclosures. 

(a) In general. The FOIA provides for 

public access to information and records 

developed or maintained by Federal 

agencies. Generally, the FOIA divides 

agency information into three major 

categories and provides methods by 

which each category of information is to 

be made available to the public. The 

three major categories of information are 

as follows: 

(1) Information required to be 

published in the Federal Register (see 

§ 1070.12); 

(2) Information required to be made 

available for public inspection in an 

electronic format or, in the alternative, 

to be published and offered for sale (see 

§ 1070.13); and 

(3) Information required to be made 

available to any member of the public 

upon specific request (see §§ 1070.14 

through 1070.22). 

(b) Discretionary disclosures. Even 

though a FOIA exemption may apply to 

the information or records requested, 

the CFPB may, if not precluded by law, 

elect under the circumstances not to 

apply the exemption. The fact that the 

exemption is not applied by the CFPB 

in response to a particular request shall 

have no precedential significance in 

processing other requests. 

(c) Disclosures of records frequently 

requested. Subject to the application of 

the FOIA exemptions and exclusions (5 

U.S.C. 552(b) and (c)), the CFPB shall 

make publicly available, as provided by 

§ 1070.13, all records regardless of form 

or format, which have been released 

previously to any person under 5 U.S.C. 

552(a)(3) and §§ 1070.14 through 

1070.22, and which the CFPB 

determines have become or are likely to 

become the subject of subsequent 

requests for substantially the same 

records. When the CFPB receives three 

(3) or more requests for substantially the 

same records, then the CFPB shall also 

make the released records publicly 

available. 

§ 1070.12 Publication in the Federal 

Register. 

(a) Requirement. The CFPB shall 

separately state, publish and maintain 

current in the Federal Register for the 

guidance of the public the following 

information: 

(1) Descriptions of its central and field 

organization and the established place 

at which, the persons from whom, and 

the methods whereby, the public may 

obtain information, make submissions 

or requests, or obtain decisions; 

(2) Statements of the general course 

and method by which its functions are 

channeled and determined, including 

the nature and requirements of all 

formal and informal procedures 

available; 

(3) Rules of procedure, descriptions of 

forms available or the places at which 

forms may be obtained, and instructions 

as to the scope and contents of all 

papers, reports, or examinations; 

(4) Substantive rules of general 

applicability adopted as authorized by 

law, and statements of general policy or 

interpretations of general applicability 

formulated and adopted by the CFPB; 

and 

(5) Each amendment, revision, or 

repeal of matters referred to in 

paragraphs (a)(1) through (4) of this 

section. 

(b) Exceptions. Publication of the 

information under paragraph (a) of this 

section shall be subject to the 

application of the FOIA exemptions and 

exclusions (5 U.S.C. 552(b) and (c)) and 

the limitations provided in 5 U.S.C. 

552(a)(1). 

§ 1070.13 Public inspection in an 

electronic format. 

(a) In general. Subject to the 

application of the FOIA exemptions and 

exclusions (5 U.S.C. 552(b) and (c)), the 

CFPB shall, in conformance with 5 

U.S.C. 552(a)(2), make available for 

public inspection in an electronic 

format, including by posting on the 

CFPB’s website, http://

www.consumerfinance.gov, or, in the 

alternative, promptly publish and offer 

for sale the following information: 

(1) Final opinions, including 

concurring and dissenting opinions, and 

orders made in the adjudication of 

cases; 

(2) Those statements of policy and 

interpretations which have been 

adopted by the CFPB but are not 

published in the Federal Register; 

(3) Its administrative staff manuals 

and instructions to staff that affect a 

member of the public; 

(4) Copies of all records made 

publicly available pursuant to § 1070.11; 

and 

(5) A general index of the records 

referred to in paragraph (a)(4) of this 

section. 

(b) Information made available 

online. For records required to be made 

available for public inspection in an 

electronic format pursuant to 5 U.S.C. 

552(a)(2) (paragraphs (a)(1) through (4) 

of this section), as soon as practicable, 

the CFPB shall make such records 

available on its e-FOIA Library, located 

at http://www.consumerfinance.gov. 

(c) Record availability at the on-site eFOIA Library. Any member of the public 

may, upon request, access the CFPB’s eFOIA Library via a computer terminal at 

1700 G Street NW, Washington, DC 

20552. Such a request may be made by 

electronic means as set forth on the 

CFPB’s website, http://

www.consumerfinance.gov, or in 

writing, to the Chief FOIA Officer, 

Consumer Financial Protection Bureau, 

1700 G Street NW, Washington, DC 

20552. The request must indicate a 

preferred date and time for the 

requested access. The CFPB reserves the 

right to arrange a different date and time 

with the requester, if necessary. 

(d) Redaction of identifying details. 

To prevent a clearly unwarranted 

invasion of personal privacy, the CFPB 

may redact identifying details contained 

in any matter described in paragraphs 

(a)(1) through (4) of this section before 

making such matters available for 

inspection or publication. The 

justification for the redaction shall be 

explained fully in writing, and the 

extent of such redaction shall be 

indicated on the portion of the record 

which is made available or published, 

unless including that indication would 

harm an interest protected by the 

exemption in 5 U.S.C. 552(b) under 

which the redaction is made. If 

technically feasible, the extent of the 

redaction shall be indicated at the place 

in the record where the redaction is 

made. 

§ 1070.14 Requests for CFPB records. 

(a) In general. Subject to the 

application of the FOIA exemptions and 

exclusions (5 U.S.C. 552(b) and (c)), the 

CFPB shall promptly make its records 

available to any person pursuant to a 


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request that conforms to the rules and 

procedures of this section. 

(b) Form of request. A request for 

records of the CFPB shall be made in 

writing as follows: 

(1) If a request is submitted by mail 

or delivery service, it shall be addressed 

to the Chief FOIA Officer, Consumer 

Financial Protection Bureau, 1700 G 

Street NW, Washington, DC 20552. The 

request shall be labeled ‘‘Freedom of 

Information Act Request.’’ 

(2) If a request is submitted by 

electronic means, it shall be submitted 

as set forth on the CFPB’s website, 

http://www.consumerfinance.gov. The 

request shall be labeled ‘‘Freedom of 

Information Act Request.’’ 

(c) Content of request. (1) In order to 

ensure the CFPB’s ability to respond in 

a timely manner, a FOIA request must 

describe the records that the requester 

seeks in sufficient detail to enable CFPB 

personnel to locate them with a 

reasonable amount of effort. Whenever 

possible, the request should include 

specific information about each record 

sought, such as the date, title or name, 

author, recipient, and subject matter of 

the record. If known, the requester 

should include any file designations or 

descriptions for the records requested. 

The more specific the requester is about 

the records or type of records requested, 

the more likely the CFPB will be able to 

locate those records in response to the 

request; 

(2) In order to ensure the CFPB’s 

ability to communicate effectively with 

the requester, a request should include 

contact information for the requester, 

including the name of the requester and, 

to the extent available, a mailing 

address, telephone number, and email 

address at which the CFPB may contact 

the requester regarding the request; 

(3) The request should state whether 

the requester wishes to receive the 

records in a specific format; 

(4) A requester should indicate in the 

request whether the requester is a 

commercial user, an educational 

institution, non-commercial scientific 

institution, representative of the news 

media, or ‘‘other’’ requester, as those 

terms are defined in § 1070.22(b), and 

the basis for claiming that fee category; 

(5) If a requester seeks a waiver or 

reduction of fees associated with 

processing a request, then the request 

shall include a statement to that effect 

as is required by § 1070.22(e); and 

(6) If a requester seeks expedited 

processing of a request, then the request 

must include a statement to that effect 

as is required by § 1070.17. 

(d) Perfected requests; effect of 

request deficiencies. For purposes of 

computing its deadline to respond to a 

request, the CFPB will deem itself to 

have received a request only if, and on 

the date that, it receives a request that 

contains substantially all of the 

information required by and that 

otherwise conforms with paragraphs (b) 

and (c) of this section. The CFPB need 

not accept a request, process a request, 

or be bound by any deadlines in this 

subpart for processing a request that 

fails to conform, in any material respect, 

to the requirements of paragraphs (b) 

and (c) of this section. If a request is 

deficient in any material respect, then 

the CFPB may return it to the requester 

and if it does so, it shall advise the 

requester in what respect the request is 

deficient, and what additional 

information is needed to respond to the 

request. The requester may then amend 

or resubmit the request. A 

determination by the CFPB that a 

request is deficient in any respect is not 

a denial of a request for records and 

such determinations are not subject to 

appeal. If a requester fails to respond to 

a CFPB notification that a request is 

deficient within thirty (30) days of the 

CFPB’s notification, the CFPB will deem 

the request withdrawn. 

(e) Requests by an individual for 

CFPB records pertaining to that 

individual. An individual who wishes 

to inspect or obtain copies of records of 

the Bureau that pertain to that 

individual shall provide identity 

verification in accordance with 

§ 1070.53(c). 

(f) Requests for CFPB records 

pertaining to another individual. Where 

a request for records pertains to a third 

party, a requester may receive greater 

access by submitting either a notarized 

authorization signed by that individual 

or a declaration by that individual made 

in compliance with the requirements set 

forth in 28 U.S.C. 1746 authorizing 

disclosure of the records to the 

requester, or submits proof that the 

individual is deceased (e.g., a copy of a 

death certificate or an obituary). The 

CFPB may require a requester to supply 

additional information if necessary in 

order to verify that a particular 

individual has consented to disclosure. 

(g) Assistance from FOIA Public 

Liaison. Requesters may contact the 

CFPB’s FOIA Public Liaison to seek 

assistance in determining the 

appropriate fee category, formatting of 

requests, or resolving any problems that 

arise prior to submitting a request or 

during the processing of a request. The 

FOIA Public Liaison can be contacted at 

the telephone number listed on the 

CFPB’s website, http://

www.consumerfinance.gov. 

§ 1070.15 Responsibility for responding to 

requests for CFPB records. 

(a) In general. In determining which 

records are responsive to a request, the 

CFPB ordinarily will include only 

records in its possession as of the date 

the CFPB begins its search for them. If 

any other date is used, the CFPB shall 

inform the requester of that date. 

(b) Authority to grant or deny 

requests. The Chief FOIA Officer shall 

be authorized to grant or deny any 

request for a record of the CFPB. 

(c) Consultations, referrals and 

coordination. When reviewing a record 

in response to a request, the CFPB will 

determine whether another agency is 

better able to determine whether the 

record is exempt from disclosure under 

the FOIA. As to any such record, the 

agency must proceed in one of the 

following ways: 

(1) Referral. (i) When a requested 

record has been created by an agency 

other than the CFPB, the CFPB shall 

refer the record to that agency for a 

direct response to the requester. 

(ii) Whenever the CFPB refers any 

part of the responsibility for responding 

to a request to another agency, it must 

document the referral, maintaining a 

copy of the record that it refers, and 

notify the requester of the referral, 

informing the requester of the name of 

the agency to which the record was 

referred, including that agency’s FOIA 

contact information. 

(2) Consultation. When a FOIA 

request is received for a record created 

by the CFPB that includes information 

originated by another agency, the CFPB 

shall consult the originating agency for 

review and recommendation on 

disclosure. The CFPB shall not release 

any such records without prior 

consultation with the originating 

agency. 

(3) Coordination. The standard 

referral procedure is not appropriate 

where disclosure of the identity of the 

agency to which the referral would be 

made could harm an interest protected 

by an applicable exemption, such as the 

exemptions that protect personal 

privacy or national security interests. In 

such instances, in order to avoid harm 

to an interest protected by an applicable 

exemption, the agency that received the 

request should coordinate with the 

originating agency to seek its views on 

the disclosability of the record. The 

release determination for the record that 

is the subject of the coordination should 

then be conveyed to the requester by the 

agency that originally received the 

request. 


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§ 1070.16 Timing of responses to requests 

for CFPB records. 

(a) In general. Except as set forth in 

paragraphs (b) through (d) of this 

section, and § 1070.17, the CFPB shall 

respond to requests according to their 

order of receipt. 

(b) Multitrack processing. (1) The 

CFPB may establish separate tracks to 

process simple and complex requests. 

The CFPB may assign a request to the 

simple or complex track(s) based on the 

amount of work and/or time needed to 

process the request. The CFPB shall 

process requests in each track based on 

the date the request was perfected in 

accordance with § 1070.14(d). 

(2) The CFPB may provide a requester 

in its complex track with an opportunity 

to limit the scope of the request to 

qualify for faster processing within the 

specified limits of the simple track(s). 

(c) Time period for responding to 

requests for records. Ordinarily, the 

CFPB shall have twenty (20) business 

days from when a request is received by 

the CFPB to determine whether to grant 

or deny a request for records. The 

twenty (20) business day time period set 

forth in this paragraph (c) shall not be 

tolled by the CFPB except that the CFPB 

may: 

(1) Make one reasonable demand to 

the requester for clarifying information 

about the request and toll the twenty 

(20) business day time period while it 

awaits the clarifying information; or 

(2) Toll the twenty (20) business day 

time period while it awaits clarification 

from or addresses any dispute with the 

requester regarding the assessment of 

fees. 

(d) Unusual circumstances. (1) Where 

the CFPB determines that due to 

unusual circumstances it cannot 

respond either to a request within the 

time period set forth in paragraph (c) of 

this section or to an appeal within the 

time period set forth in § 1070.21, the 

CFPB may extend the applicable time 

periods by informing the requester in 

writing of the unusual circumstances 

and of the date by which the CFPB 

expects to complete its processing of the 

request or appeal. Any extension or 

extensions of time with respect to a 

request or an appeal shall not 

cumulatively total more than ten (10) 

business days. However, if the CFPB 

determines that it needs additional time 

beyond a ten (10) business day 

extension to process a request, then the 

CFPB shall notify the requester, provide 

the requester with an opportunity to 

limit the scope of the request, arrange 

for an alternative time frame for 

processing the request, or modify the 

request, and notify the requester of the 

availability of services provided by its 

FOIA Public Liaison and the Office of 

Government Information Services 

(OGIS). 

(2) As used in this paragraph (d), 

‘‘unusual circumstances’’ means: 

(i) The need to search for and collect 

the requested records from field 

facilities or other establishments that are 

separate from the office processing the 

request; 

(ii) The need to search for, collect, 

and appropriately examine a 

voluminous amount of separate and 

distinct records which are demanded in 

a single request; or 

(iii) The need for consultation, which 

shall be conducted with all practicable 

speed, with another agency having a 

substantial interest in the determination 

of the request, or among two or more 

CFPB offices having substantial subject 

matter interest therein. 

§ 1070.17 Requests for expedited 

processing. 

(a) In general. The CFPB shall process 

a request on an expedited basis 

whenever a requester demonstrates a 

compelling need for expedited 

processing in accordance with the 

requirements of this paragraph (a) or in 

other cases that the CFPB deems 

appropriate. 

(b) Form and content of a request for 

expedited processing. A request for 

expedited processing shall be made as 

follows: 

(1) A request for expedited processing 

shall be made in writing and submitted 

as part of a request for records in 

accordance with § 1070.14(b), or at any 

time during the processing of the 

request. When a request for records 

includes a request for expedited 

processing, the request shall be labeled 

‘‘Expedited Processing Requested.’’ 

(2) A request for expedited processing 

shall contain a statement that 

demonstrates a compelling need for the 

requester to obtain expedited processing 

of the requested records. A ‘‘compelling 

need’’ is defined as follows: 

(i) Failure to obtain the requested 

records on an expedited basis could 

reasonably be expected to pose an 

imminent threat to the life or physical 

safety of an individual. The requester 

shall fully explain the circumstances 

warranting such an expected threat so 

that the CFPB may make a reasoned 

determination that a delay in obtaining 

the requested records could pose such a 

threat; or 

(ii) With respect to a request made by 

a person primarily engaged in 

disseminating information, urgency to 

inform the public concerning actual or 

alleged Federal government activity. A 

requester who is not a full-time member 

of the news media must establish that 

the requester is a person whose primary 

professional activity or occupation is 

information dissemination, though it 

need not be the requester’s sole 

occupation. Such a requester also must 

establish a particular urgency to inform 

the public about the government activity 

involved in the request—one that 

extends beyond the public’s right to 

know about government activity 

generally. The existence of numerous 

articles published on a given subject can 

be helpful in establishing the 

requirement that there be an ‘‘urgency to 

inform’’ the public on the topic. 

(3) The requester shall certify the 

written statement that purports to 

demonstrate a compelling need for 

expedited processing to be true and 

correct to the best of the requester’s 

knowledge and belief. The certification 

must be in the form prescribed by 28 

U.S.C. 1746: ‘‘I declare under penalty of 

perjury that the foregoing is true and 

correct to the best of my knowledge and 

belief. Executed on [date].’’ The 

requester shall mail or submit 

electronically a copy of such written 

certification to the Chief FOIA Officer as 

set forth in § 1070.14(b). The CFPB may 

waive this certification requirement in 

appropriate circumstances. 

(c) Determinations of requests for 

expedited processing. Within ten (10) 

calendar days of its receipt of a request 

for expedited processing, the CFPB shall 

decide whether to grant it and shall 

notify the requester of the determination 

in writing. 

(d) Effect of granting requests for 

expedited processing. If the CFPB grants 

a request for expedited processing, then 

the CFPB shall give the expedited 

request priority over non-expedited 

requests and shall process the expedited 

request as soon as practicable. The 

CFPB may assign expedited requests to 

their own simple and complex 

processing tracks based upon the 

amount of work and/or time needed to 

process them. Within each such track, 

an expedited request shall be processed 

in the order of its receipt. 

(e) Appeals of denials of requests for 

expedited processing. If the CFPB 

denies a request for expedited 

processing, then the requester shall have 

the right to submit an appeal of the 

denial determination in accordance 

with § 1070.21. The CFPB shall 

communicate this appeal right as part of 

its written notification to the requester 

denying expedited processing. The 

requester shall label its appeal request 

‘‘Appeal for Expedited Processing.’’ The 

CFPB shall act expeditiously upon an 

appeal of a denial of a request for 

expedited processing. 


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§ 1070.18 Responses to requests for CFPB 

records. 

(a) Acknowledgements of requests. 

Upon receipt of a request, the CFPB will 

assign to the request a unique tracking 

number. The CFPB will send an 

acknowledgement letter to the requester 

by mail or email within ten (10) 

calendar days of receipt of the request. 

The acknowledgment letter will contain 

the following information: 

(1) The applicable request tracking 

number; 

(2) The date of receipt of the request, 

as determined in accordance with 

§ 1070.14(d), as well as the date when 

the requester may expect a response; 

(3) A brief statement identifying the 

subject matter of the request; and 

(4) A confirmation, with respect to 

any fees that may apply to the request 

pursuant to § 1070.22, that the requester 

has sought a waiver or reduction in such 

fees, has agreed to pay any and all 

applicable fees, or has specified an 

upper limit that the requester is willing 

to pay in fees to process the request. 

(b) Initial determination to grant or 

deny a request. (1) The officer 

designated in § 1070.15(b), or his or her 

delegate, shall make initial 

determinations either to grant or to deny 

in whole or in part requests for records. 

(2) If the request is granted in full or 

in part, and if the requester requests a 

copy of the records requested, then a 

copy of the records shall be mailed or 

emailed to the requester in the 

requested format, to the extent the 

records are readily producible in the 

requested format. The CFPB shall also 

send the requester a statement of the 

applicable fees, either at the time of the 

determination or shortly thereafter, and 

inform the requester of the availability 

of its FOIA Public Liaison to offer 

assistance. 

(3) In the case of a request for 

inspection, the requester shall be 

notified in writing of the determination, 

when and where the requested records 

may be inspected, and of the fees 

incurred in complying with the request. 

The CFPB shall then promptly make the 

records available for inspection at the 

time and place stated, in a manner that 

will not interfere with CFPB’s 

operations and will not exclude other 

persons from making inspections. The 

requester shall not be permitted to 

remove the records from the room 

where inspection is made. If, after 

making inspection, the requester desires 

copies of all or a portion of the 

requested records, copies shall be 

furnished upon payment of the 

established fees prescribed by § 1070.22. 

Fees may be charged for search and 

review time as stated in § 1070.22. 

(4) If it is determined that the request 

for records should be denied in whole 

or in part, the requester shall be notified 

by mail or by email. The letter of 

notification shall: 

(i) State the exemptions relied upon 

in denying the request; 

(ii) If technically feasible, indicate the 

amount of information deleted and the 

exemptions under which the deletion is 

made at the place in the record where 

such deletion is made (unless providing 

such indication would harm an interest 

protected by the exemption relied upon 

to deny such material); 

(iii) Set forth the name and title or 

position of the responsible official; 

(iv) Advise the requester of the right 

to seek dispute resolution services from 

the Bureau’s FOIA Public Liaison or the 

Office of Governmental Information 

Services; 

(v) Advise the requester of the right to 

administrative appeal in accordance 

with § 1070.21; and 

(vi) Specify the official or office to 

which such appeal shall be submitted. 

(5) If it is determined, after a 

reasonable search for records, that no 

responsive records have been found to 

exist, the requester shall be notified in 

writing or by email. The notification 

shall also advise the requester of the 

right to administratively appeal the 

CFPB’s determination that no 

responsive records exist (i.e., to 

challenge the adequacy of the CFPB’s 

search for responsive records) in 

accordance with § 1070.21. The 

response shall specify the official or 

office to which the appeal shall be 

submitted for review. 

(c) Resolution of disputes. The CFPB 

is committed to efficiently resolving 

disputes during the request process. The 

following resources are available to 

requesters to resolve any disputes that 

may arise during the request process: 

(1) FOIA Public Liaison. Any request 

related questions or concerns should be 

directed to the FOIA Public Liaison, 

who is responsible for reducing delays, 

increasing transparency and 

understanding of the status of requests, 

and assisting in the resolution of 

disputes. 

(2) Dispute resolution. The National 

Archives and Records Administration 

(NARA), Office of Government 

Information Services (OGIS) offers noncompulsory, non-binding dispute 

resolution services to help resolve FOIA 

disputes. A requester may contact OGIS 

directly at Office of Government 

Information Services, National Archives 

and Records Administration, Room 

2510, 8601 Adelphi Road, College Park, 

MD 20740–6001, Email: ogis@nara.gov, 

Phone: (301) 837–1996, Fax: (301) 837– 

0348. This information is provided as a 

public service only. By providing this 

information, the CFPB does not commit 

to refer disputes to OGIS. 

(d) Format of records disclosed. (1) 

The CFPB will provide records in the 

requested format if the records can 

readily be reproduced from the original 

file to that specific format. 

(2) The CFPB may charge fees 

associated with converting records or 

files into the requested format in 

accordance with § 1070.22. 

§ 1070.19 Classified information. 

Whenever a request is made for a 

record containing information that 

another agency has classified, or which 

may be appropriate for classification by 

another agency under Executive Order 

13526 or any other executive order 

concerning the classification of 

information, the CFPB shall refer the 

responsibility for responding to the 

request to the classifying or originating 

agency, as appropriate. 

§ 1070.20 Requests for business 

information provided to the CFPB. 

(a) In general. Business information 

provided to the CFPB by a business 

submitter shall not be disclosed 

pursuant to a FOIA request except in 

accordance with this section. 

(b) Definitions. For purposes of this 

section: 

(1) Business information means 

commercial or financial information 

obtained by the CFPB from a submitter 

that may be protected from disclosure 

under Exemption 4 of the FOIA, 5 

U.S.C. 552(b)(4). 

(2) Submitter means any person from 

whom the CFPB obtains business 

information, directly or indirectly. The 

term includes, without limitation, 

corporations, State, local, and tribal 

governments, and foreign governments. 

(c) Designation of business 

information. A submitter of business 

information will use good-faith efforts to 

designate, by appropriate markings, 

either at the time of submission or at a 

reasonable time thereafter, any portions 

of its submission that it considers to be 

protected from disclosure under 

Exemption 4 of the FOIA. These 

designations will expire ten (10) years 

after the date of the submission unless 

the submitter requests otherwise and 

provides justification for, a longer 

designation period. 

(d) Notice to submitters. The CFPB 

shall provide a submitter with prompt 

written notice of receipt of a request or 

appeal encompassing its business 

information whenever required in 

accordance with paragraph (e) of this 

section. Such written notice shall either 


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describe the exact nature of the business 

information requested or provide copies 

of the records or portions of records 

containing the business information. 

When notification of a voluminous 

number of submitters is required, 

notification may be made by posting or 

publishing the notice in a place 

reasonably likely to accomplish it. 

(e) When notice is required. (1) The 

CFPB shall provide a submitter with 

notice of receipt of a request or appeal 

whenever: 

(i) The information has been 

designated in good faith by the 

submitter as information considered 

protected from disclosure under 

Exemption 4; or 

(ii) The CFPB has reason to believe 

that the information may be protected 

from disclosure under Exemption 4. 

(2) The notice requirements of this 

paragraph (e) shall not apply if: 

(i) The CFPB determines that the 

information is exempt under the FOIA; 

(ii) The information lawfully has been 

published or otherwise made available 

to the public; 

(iii) Disclosure of the information is 

required by statute (other than the 

FOIA) or by a regulation issued in 

accordance with the requirements of 

Executive Order 12600 (3 CFR, 1988 

Comp., p. 235); or 

(iv) The designation made by the 

submitter under paragraph (e)(1)(i) of 

this section appears obviously frivolous, 

except that, in such a case, the CFPB 

shall, within a reasonable time prior to 

a specified disclosure date, give the 

submitter written notice of any final 

decision to disclose the information. 

(f) Opportunity to object to disclosure 

before release. (1) Through the notice 

described in paragraph (d) of this 

section, the CFPB shall delay any 

release in order to afford a submitter ten 

(10) business days from the date of the 

notice to provide the CFPB with a 

detailed statement of any objection to 

disclosure. Such statement shall specify 

all grounds for withholding any of the 

information under any exemption of the 

FOIA and, in the case of Exemption 4, 

shall demonstrate why the information 

is considered to be a trade secret or 

commercial or financial information 

that is privileged or confidential. In the 

event that a submitter fails to respond 

to the notice within the time specified 

in it, the submitter shall be considered 

to have no objection to disclosure of the 

information. Information provided by a 

submitter pursuant to this paragraph (f) 

may itself be subject to disclosure under 

the FOIA. 

(2) When notice is given to a 

submitter under this section, the 

requester shall be advised that such 

notice has been given to the submitter. 

The requester shall be further advised 

that a delay in responding to the request 

may be considered a denial of access to 

records and that the requester may 

proceed with an administrative appeal 

or seek judicial review, if appropriate. 

However, the requester will be invited 

to agree to a voluntary extension of time 

so that the CFPB may review the 

submitter’s objection to disclose, if any. 

(g) Notice of intent to disclose. The 

CFPB shall consider a submitter’s 

objections and specific grounds for 

nondisclosure prior to determining 

whether to disclose business 

information. Whenever the CFPB 

decides to disclose business information 

over the objection of a submitter, the 

CFPB shall forward to the submitter a 

written notice which shall include: 

(1) A statement of the reasons for 

which the submitter’s disclosure 

objections were not sustained; 

(2) A description of the business 

information to be disclosed; and 

(3) A specified disclosure date which 

is not less than ten (10) business days 

after the notice of the final decision to 

release the requested information has 

been mailed to the submitter. Except as 

otherwise prohibited by law, a copy of 

the disclosure notice shall be forwarded 

to the requester at the same time. 

(h) Notice to submitter of FOIA 

lawsuit. Whenever a requester brings 

suit seeking to compel disclosure of 

business information, the CFPB shall 

promptly notify the submitter of that 

business information of the existence of 

the suit. 

(i) Notice to requester of business 

information. The CFPB shall notify a 

requester whenever it provides the 

submitter with notice and an 

opportunity to object to disclosure; 

whenever it notifies the submitter of its 

intent to disclose the requested 

information; and whenever a submitter 

files a lawsuit to prevent the disclosure 

of the information. 

§ 1070.21 Administrative appeals. 

(a) Grounds for administrative 

appeals. A requester may appeal an 

initial determination of the CFPB, 

including for the following reasons: 

(1) To deny access to records in whole 

or in part (as provided in § 1070.18(b)); 

(2) To assign a particular fee category 

to the requester (as provided in 

§ 1070.22(b)); 

(3) To deny a request for a reduction 

or waiver of fees (as provided in 

§ 1070.22(e)); 

(4) That no records exist that are 

responsive to the request (as provided in 

§ 1070.18(b)); or 

(5) To deny a request for expedited 

processing (as provided in § 1070.17(e)). 

(b) Time limits for filing 

administrative appeals. An appeal, 

other than an appeal of a denial of 

expedited processing, must be 

postmarked or submitted electronically 

on a date that is within ninety (90) 

calendar days after the date the initial 

determination is sent to the requester or 

the date of the letter transmitting the 

last records released, whichever is later. 

An appeal of a denial of expedited 

processing must be made within ten (10) 

days of the date of the initial 

determination letter to deny expedited 

processing (see § 1070.17). 

(c) Form and content of 

administrative appeals. In order to 

ensure a timely response to an appeal, 

the appeal shall be made in writing as 

follows: 

(1) If appeal is submitted by mail or 

delivery service, it shall be addressed to 

and submitted to the officer specified in 

paragraph (e) of this section at the 

address set forth in § 1070.14(b). The 

appeal shall be labeled ‘‘Freedom of 

Information Act Appeal.’’ 

(2) If an appeal is submitted by 

electronic means, it shall be addressed 

to the officer specified in paragraph (e) 

of this section and submitted as set forth 

on the CFPB’s website, http://

www.consumerfinance.gov. The appeal 

shall be labeled ‘‘Freedom of 

Information Act Appeal.’’ 

(3) The appeal shall set forth contact 

information for the requester, including, 

to the extent available, a mailing 

address, telephone number, or email 

address at which the CFPB may contact 

the requester regarding the appeal; and 

(4) The appeal shall specify the 

applicable request tracking number, the 

date of the initial request, and the date 

of the letter of initial determination, 

and, where possible, enclose a copy of 

the initial request and the initial 

determination being appealed. 

(d) Processing of administrative 

appeals. The FOIA office will record the 

date that appeals are received. The 

receipt of the appeal will be 

acknowledged by the CFPB and the 

requester will be advised of the date the 

appeal was received, the appeal tracking 

number, and the expected date of 

response. 

(e) Determinations to grant or deny 

administrative appeals. The General 

Counsel is authorized to and shall 

decide whether to affirm the initial 

determination (in whole or in part), to 

reverse the initial determination (in 

whole or in part) or to remand the initial 

determination to the Chief FOIA Officer 

for further action and shall notify the 

requester of this decision in writing 


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within twenty (20) business days after 

the date of receipt of the appeal, unless 

extended pursuant to § 1070.16(d). 

(1) If it is decided that the appeal is 

to be denied (in whole or in part) the 

requester shall be: 

(i) Notified in writing of the denial; 

(ii) Notified of the reasons for the 

denial, including which of the FOIA 

exemptions were relied upon; 

(iii) Notified of the name and title or 

position of the official responsible for 

the determination on appeal; 

(iv) Provided with a statement that 

judicial review of the denial is available 

in the United States District Court for 

the judicial district in which the 

requester resides or has a principal 

place of business, the judicial district in 

which the requested records are located, 

or the District of Columbia in 

accordance with 5 U.S.C. 552(a)(4)(B); 

and 

(v) Provided with notification that 

dispute resolution services are available 

to the requester as a non-exclusive 

alternative to litigation through the 

Office of Government Information 

Services in accordance with 5 U.S.C. 

552(h)(3). Dispute resolution is a 

voluntary process. If the CFPB agrees to 

participate in the dispute resolution 

services provided by the Office of 

Governmental Information Services, it 

will actively engage as a partner to the 

process in an attempt to resolve the 

dispute. 

(2) If the initial determination is 

reversed on appeal, the requester shall 

be so notified and the request shall be 

processed promptly in accordance with 

the decision on appeal. 

(3) If the initial determination is 

remanded on appeal to the Chief FOIA 

Officer for further action, the requester 

shall be so notified and the request shall 

be processed in accordance with the 

decision on appeal. The remanded 

request shall be treated as a new request 

received by the CFPB as of the date 

when the General Counsel transmits the 

remand notification to the requester. 

The procedures and deadlines set forth 

in this subpart for processing, deciding, 

responding to, and filing administrative 

appeals of new FOIA requests shall 

apply to the remanded request. 

(f) Adjudication of administrative 

appeals of requests in litigation. An 

appeal ordinarily will not be 

adjudicated if the request becomes a 

matter of FOIA litigation. 

§ 1070.22 Fees for processing requests for 

CFPB records. 

(a) In general. The CFPB shall 

determine whether and to what extent 

to charge a requester fees for processing 

a FOIA request, for the services and in 

the amounts set forth in this paragraph 

(a), by determining an appropriate fee 

category for the requester (as set forth in 

paragraph (b) of this section) and then 

by charging the requester those fees 

applicable to the assigned category (as 

set forth in paragraph (c) of this section), 

unless circumstances exist (as described 

in paragraph (d) of this section) that 

render fees inapplicable or unless the 

requester has requested and the CFPB 

has granted a reduction in or waiver of 

fees (as set forth in paragraph (e) of this 

section). 

(1) The CFPB shall charge a requester 

fees for the cost of copying or printing 

records at the rate of $0.10 per page. 

(2) The CFPB shall charge a requester 

for all time spent by its employees 

searching for records that are responsive 

to a request. The CFPB shall charge the 

requester fees for search time as follows: 

(i) The CFPB shall charge for search 

time at the salary rate(s) (basic pay plus 

sixteen (16) percent) of the employee(s) 

who conduct the search. However, the 

CFPB shall charge search fees at the rate 

of $9.00 per fifteen (15) minutes of 

search time whenever only 

administrative/clerical employees 

conduct a search and at the rate of 

$23.00 per fifteen (15) minutes of search 

time whenever only professional/ 

executive employees conduct a search. 

Search charges shall also include 

transportation of employees and records 

necessary to the search at actual cost. 

Fees may be charged for search time 

even if the search does not yield any 

responsive records, or if records are 

exempt from disclosure. 

(ii) The CFPB shall charge the 

requester for the actual direct costs of 

conducting an electronic records search, 

including computer search time, runs, 

and output. The CFPB shall also charge 

for time spent by computer operators or 

programmers (at the rates set forth in 

paragraph (a)(2)(i) of this section) who 

conduct or assist in the conduct of an 

electronic records search. 

(3) The CFPB shall charge a requester 

for time spent by its employees 

examining responsive records to 

determine whether any portions of such 

record are exempt from disclosure, 

pursuant to the FOIA exemptions of 5 

U.S.C. 552(b). The CFPB shall also 

charge a requester for time spent by its 

employees redacting any such exempt 

information from a record and preparing 

a record for release to the requester. The 

CFPB shall charge a requester for time 

spent reviewing records at the salary 

rate(s) (i.e., basic pay plus sixteen (16) 

percent) of the employees who conduct 

the review. However, the CFPB shall 

charge review fees at the rate of $9.00 

per fifteen (15) minutes of search time 

whenever only administrative/clerical 

employees review records and at the 

rate of $23.00 per fifteen (15) minutes of 

search time whenever only professional/ 

executive employees review records. 

Fees shall be charged for review time 

even if records ultimately are not 

disclosed. 

(4) Fees for all services provided shall 

be charged whether or not copies are 

made available to the requester for 

inspection. However, no fee shall be 

charged for monitoring a requester’s 

inspection of records. 

(5) Other services and materials 

requested which are not covered by this 

part nor required by the FOIA are 

chargeable at the actual cost to the 

CFPB. This includes, but is not limited 

to: 

(i) Certifying that records are true 

copies; or 

(ii) Sending records by special 

methods such as express mail, etc. 

(b) Categories of requesters. (1) For 

purposes of assessing fees as set forth in 

this section, each requester shall be 

assigned to one of the following 

categories: 

(i) Commercial user refers to one who 

seeks information for a use or purpose 

that furthers the commercial, trade, or 

profit interests of the requester or the 

person on whose behalf the request is 

made, which can include furthering 

those interests through litigation. The 

CFPB’s decision to place a requester in 

the commercial use category will be 

made on a case-by-case basis based on 

how the requester will use the 

information. 

(ii) Educational institution refers to 

any school that operates a program of 

scholarly research. A requester in this 

fee category must show that the request 

is made in connection with his or her 

role at the educational institution. 

Agencies may seek verification from the 

requester that the request is in 

furtherance of scholarly research and 

agencies will advise requesters of their 

placement in this category. 

Example 1 to paragraph (b)(1)(ii). A 

request from a professor of geology at a 

university for records relating to soil 

erosion, written on letterhead of the 

Department of Geology, would be 

presumed to be from an educational 

institution. 

Example 2 to paragraph (b)(1)(ii). A 

request from the same professor of 

geology seeking drug information from 

the Food and Drug Administration in 

furtherance of a murder mystery he is 

writing would not be presumed to be an 

institutional request, regardless of 

whether it was written on institutional 

stationery. 


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Example 3 to paragraph (b)(1)(ii). A 

student who makes a request in 

furtherance of their coursework or other 

school-sponsored activities and 

provides a copy of a course syllabus or 

other reasonable documentation to 

indicate the research purpose for the 

request, would qualify as part of this fee 

category. 

(iii) Non-commercial scientific 

institution refers to an institution that is 

not operated on a ‘‘commercial user’’ 

basis as that term is defined in 

paragraph (b)(2)(i) of this section, and 

which is operated solely for the purpose 

of conducting scientific research, the 

results of which are not intended to 

promote any particular product or 

industry. 

(iv) Representative of the news media 

refers to any person or entity that 

gathers information of potential interest 

to a segment of the public, uses its 

editorial skills to turn the raw materials 

into a distinct work, and distributes that 

work to an audience. In this paragraph 

(b)(1)(iv), the term ‘‘news’’ means 

information that is about current events 

or that would be of current interest to 

the public. Examples of news-media 

entities are television or radio stations 

broadcasting to the public at large and 

publishers of periodicals (but only if 

such entities qualify as disseminators of 

‘‘news’’) who make their products 

available for purchase by or 

subscription by or free distribution to 

the general public. Other examples of 

news media entities include online 

publications and websites that regularly 

deliver news content to the public. 

These examples are not all-inclusive. 

Moreover, as methods of news delivery 

evolve (for example, the adoption of the 

electronic dissemination of newspapers 

through telecommunications services), 

such alternative media shall be 

considered to be news-media entities. A 

freelance journalist shall be regarded as 

working for a news-media entity if the 

journalist can demonstrate a solid basis 

for expecting publication through that 

entity, whether or not the journalist is 

actually employed by the entity. A 

publication contract would present a 

solid basis for such an expectation; the 

CFPB may also consider the past 

publication record of the requester in 

making such a determination. 

(v) Other requester refers to a 

requester who does not fall within any 

of the categories described in 

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

section. 

(2) Within twenty (20) calendar days 

of its receipt of a request, the CFPB shall 

make a determination as to the proper 

fee category to apply to a requester. The 

CFPB shall inform the requester of the 

determination in the request 

acknowledgment letter, or if no such 

letter is required, in another writing. 

Where the CFPB has reasonable cause to 

doubt the use to which a requester will 

put the records sought, or where that 

use is not clear from the request itself, 

the CFPB should seek additional 

clarification before assigning the request 

to a specific category. 

(3) If the CFPB assigns to a requester 

a fee category, then the requester shall 

have the right to submit an appeal of the 

CFPB’s determination in accordance 

with § 1070.21. The CFPB shall 

communicate this appeal right as part of 

its written notification to the requester 

of an adverse fee category 

determination. The requester shall label 

its appeal request ‘‘Appeal of Fee 

Category Determination.’’ 

(c) Fees applicable to each category of 

requester. The following fee schedule 

applies uniformly throughout the CFPB 

to requests processed under the FOIA. 

Specific levels of fees are prescribed for 

each category of requester defined in 

paragraph (b) of this section. 

(1) Commercial users shall be charged 

the full direct costs of searching for, 

reviewing, and duplicating the records 

they request. Moreover, when a request 

is received for disclosure that is 

primarily in the commercial interest of 

the requester, the CFPB is not required 

to consider a request for a waiver or 

reduction of fees based upon the 

assertion that disclosure would be in the 

public interest. The CFPB may recover 

the cost of searching for and reviewing 

records even if there is ultimately no 

disclosure of records or no records are 

located. 

(2) Educational and non-commercial 

scientific institution requesters shall be 

charged only for the cost of duplicating 

the records they request, except that the 

CFPB shall provide the first one 

hundred (100) pages of duplication free 

of charge. 

(3) Representatives of the news media 

shall be charged only for the cost of 

duplicating the records they request, 

except that the CFPB shall provide them 

with the first one hundred (100) pages 

of duplication free of charge. 

(4) Other requesters who do not fit 

any of the categories described in 

paragraphs (c)(1) through (3) of this 

section shall be charged the full direct 

cost of searching for and duplicating 

records that are responsive to the 

request, except that the CFPB shall 

provide the first one hundred (100) 

pages of duplication and the first two 

hours of search time free of charge. The 

CFPB may recover the cost of searching 

for records even if there is ultimately no 

disclosure of records, or no records are 

located. Requests from persons for 

records about themselves filed in the 

CFPB’s systems of records shall 

continue to be treated under the fee 

provisions of the Privacy Act of 1974, 5 

U.S.C. 552a, which permit fees only for 

duplication, after the first one hundred 

(100) pages are furnished free of charge. 

(d) Other circumstances when fees are 

not charged. In the following situations 

the CFPB may not charge a requester 

certain FOIA processing fees. 

(1) If the cost of collecting a fee would 

be equal to or greater than the total 

FOIA processing fee, then the CFPB 

shall not charge a requester any FOIA 

processing fees. 

(2) If the total search and review fees 

are less than $250, then the CFPB shall 

not charge a requester any search and 

review fees. 

(3) If the CFPB has waived or reduced 

FOIA processing fees in accordance 

with paragraph (e) of this section, then 

the CFPB shall not charge the portion of 

the FOIA processing fees that has been 

waived or reduced. 

(4) If the CFPB fails to comply with 

any time limit under § 1070.15 or 

§ 1070.21, then the CFPB shall not 

assess search fees or if the requester is 

a representative of the news media or an 

educational or noncommercial scientific 

institution, then the CFPB shall not 

assess duplication fees, unless: 

(i) A court has determined that 

exceptional circumstances, as defined 

by the FOIA, exist; or 

(ii) The CFPB has determined that 

unusual circumstances apply to the 

processing of the request; and 

(A) Provided timely written notice to 

the requester of the unusual 

circumstances in accordance with 

§ 1070.16(d); 

(B) Determined that more than 5,000 

pages are necessary to respond to the 

request; and 

(C) Discussed with the requester via 

mail, email, or telephone (or made not 

less than three good-faith attempts to do 

so) how the requester could effectively 

limit the scope of the request. 

(5) If the CFPB determines, as a matter 

of administrative discretion, that 

waiving or reducing the fees would 

serve the interest of the United States 

Government. 

(e) Waiver or reduction of fees. (1) A 

requester shall be entitled to receive 

from the CFPB a waiver or reduction in 

the fees otherwise applicable to a FOIA 

request whenever the requester: 

(i) Requests such waiver or reduction 

of fees in writing as part of the FOIA 

request; 

(ii) Labels the request for waiver or 

reduction of fees ‘‘Fee Waiver or 


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Reduction Requested’’ on the FOIA 

request; and 

(iii) Demonstrates that the fee 

reduction or waiver request that a 

waiver or reduction of the fees is in the 

public interest because: 

(A) Furnishing the information is 

likely to contribute significantly to 

public understanding of the operations 

or activities of the government; and 

(B) Furnishing the information is not 

primarily in the commercial interest of 

the requester. 

(2) To determine whether the 

requester has satisfied the requirements 

of paragraph (e)(1)(iii)(A) of this section, 

the CFPB shall consider the following 

factors: 

(i) The subject of the requested 

records must concern identifiable 

operations or activities of the Federal 

government, with a connection that is 

direct and clear, and not remote or 

attenuated. 

(ii) The disclosable portions of the 

requested records must be meaningfully 

informative about government 

operations or activities in order to be 

‘‘likely to contribute’’ to an increased 

public understanding of those 

operations or activities. The disclosure 

of information that already is in the 

public domain, in either a duplicative or 

a substantially similar form, is not as 

likely to contribute to the public’s 

understanding. 

(iii) The disclosure must contribute to 

the understanding of a reasonably broad 

audience of persons interested in the 

subject, as opposed to the individual 

understanding of the requester. A 

requester’s expertise in the subject area 

and ability and intention to effectively 

convey information to the public shall 

be considered. It shall be presumed that 

a representative of the news media will 

satisfy this consideration. 

(iv) The public’s understanding of the 

subject in question, as compared to the 

level of public understanding existing 

prior to the disclosure, must be 

enhanced by the disclosure to a 

significant extent. 

(3) To determine whether the 

requester has satisfied the requirements 

of paragraph (e)(1)(iii)(B) of this section, 

the CFPB shall consider the following 

factors: 

(i) The CFPB shall consider any 

commercial interest of the requester 

(with reference to the definition of 

‘‘commercial user’’ in paragraph (b)(1)(i) 

of this section), or of any person on 

whose behalf the requester may be 

acting, that would be furthered by the 

requested disclosure. Requesters shall 

be given an opportunity in the 

administrative process to provide 

explanatory information regarding this 

consideration. 

(ii) A fee waiver or reduction is 

justified where the public interest 

standard is satisfied and that public 

interest is greater in magnitude than that 

of any identified commercial interest in 

disclosure. The CFPB ordinarily shall 

presume that where a news media 

requester has satisfied the public 

interest standard, the public interest 

will be the interest primarily served by 

disclosure to that requester. Disclosure 

to data brokers or others who merely 

compile and market government 

information for direct economic return 

shall not be presumed to primarily serve 

the public interest. 

(4) Where only some of the records to 

be released satisfy the requirements for 

a waiver of fees, a waiver shall be 

granted for those records. 

(5) If the CFPB denies a request to 

reduce or waive fees, then the CFPB 

shall advise the requester, in the denial 

notification letter, that the requester 

may incur fees if the CFPB proceeds to 

process the request. The notification 

letter shall also advise the requester that 

the CFPB will not proceed to process 

the request further unless the requester, 

in writing, directs the CFPB to do so and 

either agrees to pay any fees that may 

apply to processing the request or 

specifies an upper limit that the 

requester is willing to pay to process the 

request. If the CFPB does not receive 

this written direction and agreement/ 

specification within thirty (30) calendar 

days of the date of the denial 

notification letter, then the CFPB shall 

deem the request to be withdrawn. 

(6) If the CFPB denies a request to 

reduce or waive fees, then the requester 

shall have the right to submit an appeal 

of the denial determination in 

accordance with § 1070.21. The CFPB 

shall communicate this appeal right as 

part of its written notification to the 

requester denying the fee reduction or 

waiver request. The requester should 

label its appeal request ‘‘Appeal for Fee 

Reduction/Waiver.’’ 

(f) Advance notice and prepayment of 

fees. (1) The CFPB shall notify a 

requester of the estimated fees for 

processing a request and provide a 

breakdown of the fees attributable to 

search, review, and duplication, when 

the estimated fees are $250 or more and: 

(i) The fees exceed the limit set by the 

requester; 

(ii) The requester did not specify a 

limit; or 

(iii) The CFPB has denied a request 

for a reduction or waiver of fees. 

(2) The requester must provide an 

agreement to pay the estimated fees; 

however, the requester shall also be 

given an opportunity to reformulate the 

request in an attempt to reduce fees. 

(3) If the fees are estimated to exceed 

$1000, the requester must pre-pay such 

amount prior to the processing of the 

request, or provide satisfactory 

assurance of full payment if the 

requester has a history of prompt 

payment of FOIA fees. The requester 

shall also be given an opportunity to 

reformulate the request in such a way as 

to lower the applicable fees. 

(4) The CFPB reserves the right to 

request prepayment after a request is 

processed and before documents are 

released. 

(5) If a requester has previously failed 

to pay a fee within thirty (30) calendar 

days of the date of the billing, the 

requester shall be required to pay the 

full amount owed plus any applicable 

interest and to make an advance 

payment of the full amount of the 

estimated fee before the CFPB begins to 

process a new request or the pending 

request. 

(6) When the CFPB acts under 

paragraphs (f)(1) through (5) of this 

section, the statutory time limits of 

twenty (20) days (excluding Saturdays, 

Sundays, and legal public holidays) 

from receipt of initial requests or 

appeals, plus extensions of these time 

limits, shall begin only after fees have 

been paid, a written agreement to pay 

fees has been provided, or a request has 

been reformulated. 

(g) Form of payment. Payment may be 

tendered as set forth on the CFPB’s 

website, http://www.consumerfinance.

gov. 

(h) Charging interest. The CFPB may 

charge interest on any unpaid bill 

starting on the 31st day following the 

date of billing the requester. Interest 

charges will be assessed at the rate 

provided in 31 U.S.C. 3717 and will 

accrue from the date of the billing until 

payment is received by the CFPB. The 

CFPB will follow the provisions of the 

Debt Collection Act of 1982 (Pub. L. 97– 

365, 96 Stat. 1749), as amended, and its 

administrative procedures, including 

the use of consumer reporting agencies, 

collection agencies, and offset. 

(i) Aggregating requests. Where the 

CFPB reasonably believes that a 

requester or a group of requesters acting 

together is attempting to divide a 

request into a series of requests for the 

purpose of avoiding fees, the CFPB may 

aggregate those requests and charge 

accordingly. The CFPB may presume 

that multiple requests of this type made 

within a thirty (30) day period have 

been made in order to avoid fees. Where 

requests are separated by a longer 

period, the CFPB will aggregate them 

only where there exists a solid basis for 


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determining that aggregation is 

warranted under all the circumstances 

involved. Multiple requests involving 

unrelated matters will not be aggregated. 

§ 1070.23 Authority and responsibilities of 

the Chief FOIA Officer. 

(a) Chief FOIA Officer. The Director 

authorizes the Chief FOIA Officer to act 

upon all requests for agency records, 

with the exception of determining 

appeals from the initial determinations 

of the Chief FOIA Officer, which will be 

decided by the General Counsel. The 

Chief FOIA officer shall, subject to the 

authority of the Director: 

(1) Have CFPB-wide responsibility for 

efficient and appropriate compliance 

with the FOIA; 

(2) Monitor implementation of the 

FOIA throughout the CFPB and keep the 

Director, the General Counsel, and the 

Attorney General appropriately 

informed of the CFPB’s performance in 

implementing the FOIA; 

(3) Recommend to the Director such 

adjustments to agency practices, 

policies, personnel and funding as may 

be necessary to improve the Chief FOIA 

Officer’s implementation of the FOIA; 

(4) Review and report to the Attorney 

General, through the Director, at such 

times and in such formats as the 

Attorney General may direct, on the 

CFPB’s performance in implementing 

the FOIA; 

(5) Facilitate public understanding of 

the purposes of the statutory 

exemptions of the FOIA by including 

concise descriptions of the exemptions 

in both the CFPB’s handbook and the 

CFPB’s annual report on the FOIA, and 

by providing an overview, where 

appropriate, of certain general categories 

of CFPB records to which those 

exemptions apply; 

(6) Designate one or more FOIA 

Public Liaisons; 

(7) Offer Training to Bureau staff 

regarding their responsibilities under 

the FOIA; 

(8) Serve as the primary Bureau 

liaison with the Office of Government 

Information Services and the Office of 

Information Policy; and 

(9) Maintain and update, as necessary 

and in accordance with the 

requirements of this subpart, the CFPB’s 

FOIA website, including its e-FOIA 

Library. 

(b) FOIA Public Liaisons. FOIA Public 

Liaisons shall report to the Chief FOIA 

Officer and shall serve as supervisory 

officials to whom a requester can raise 

concerns about the service the requester 

has received from the CFPB’s FOIA 

office, following an initial response 

from the FOIA office staff. FOIA Public 

Liaisons shall be responsible for 

assisting in reducing delays, increasing 

transparency and understanding of the 

status of requests, and assisting in the 

resolution of disputes. 

Subpart C—Disclosure of CFPB 

Information in Connection with Legal 

Proceedings 

§ 1070.30 Purpose and scope; definitions. 

(a) This subpart sets forth the 

procedures to be followed with respect 

to subpoenas, court orders, or other 

requests or demands for any CFPB 

information, whether contained in the 

files of the CFPB or acquired by a CFPB 

employee as part of the performance of 

that employee’s duties or by virtue of 

employee’s official status. 

(b) This subpart does not apply to 

requests for official information made 

pursuant to subparts B, D, and E of this 

part. 

(c) This subpart does not apply to 

requests for information made in the 

course of adjudicating claims against the 

CFPB by CFPB employees (present or 

former) or applicants for CFPB 

employment for which jurisdiction 

resides with the U.S. Equal Employment 

Opportunity Commission, the U.S. 

Merit Systems Protection Board, the 

Office of Special Counsel, the Federal 

Labor Relations Authority, or their 

successor agencies, or a labor arbitrator 

operating under a collective bargaining 

agreement between the CFPB and a 

labor organization representing CFPB 

employees. 

(d) This subpart is intended only to 

inform the public about CFPB 

procedures concerning the service of 

process and responses to subpoenas, 

summons, or other demands or requests 

for official information or action and is 

not intended to and does not create, and 

may not be relied upon to create any 

right or benefit, substantive or 

procedural, enforceable at law by a 

party against the CFPB or the United 

States. 

(e) For purposes of this subpart: 

(1) Demand means a subpoena or 

order for official information, whether 

contained in CFPB records or through 

testimony, related to or for possible use 

in a legal proceeding. 

(2) Legal proceeding encompasses all 

pre-trial, trial, and post-trial stages of all 

judicial or administrative actions, 

hearings, investigations, or similar 

proceedings before courts, commissions, 

boards, grand juries, arbitrators, or other 

judicial or quasi-judicial bodies or 

tribunals, whether criminal, civil, or 

administrative in nature, and whether 

foreign or domestic. This phrase 

includes all stages of discovery as well 

as formal or informal requests by 

attorneys, their agents, or others 

involved in legal proceedings. 

(3) Official Information means all 

information of any kind, however 

stored, that is in the custody and control 

of the CFPB or was acquired by CFPB 

employees, or former employees as part 

of their official duties or because of their 

official status while such individuals 

were employed by or served on behalf 

of the CFPB. Official information also 

includes any information acquired by 

CFPB employees or former employees 

while such individuals were engaged in 

matters related to consumer financial 

protection functions prior to the 

employees’ transfer to the CFPB 

pursuant to Subtitle F of the Consumer 

Financial Protection Act of 2010. 

(4) Request means any request for 

official information in the form of 

testimony, affidavits, declarations, 

admissions, responses to interrogatories, 

document production, inspections, or 

formal or informal interviews, during 

the course of a legal proceeding, 

including pursuant to the Federal Rules 

of Civil Procedure, the Federal Rules of 

Criminal Procedure, or other applicable 

rules of procedure. 

(5) Testimony means a statement in 

any form, including personal 

appearances before a court or other legal 

tribunal, interviews, depositions, 

telephonic, televised, or videographed 

statements or any responses given 

during discovery or similar proceeding 

in the course of litigation. 

§ 1070.31 Service of subpoenas, court 

orders, and other demands for CFPB 

information or action. 

(a) Except in cases in which the CFPB 

is represented by legal counsel who 

have entered an appearance or 

otherwise given notice of their 

representation, only the General 

Counsel is authorized to receive and 

accept subpoenas or other demands or 

requests directed to the CFPB or its 

employees, whether civil or criminal in 

nature, for: 

(1) Records of the CFPB; 

(2) Official information including, but 

not limited to, testimony, affidavits, 

declarations, admissions, responses to 

interrogatories, or informal statements, 

relating to material contained in the 

files of the CFPB or which any CFPB 

employee acquired in the course and 

scope of the performance of his or her 

official duties; 

(3) Garnishment or attachment of 

compensation of current or former 

employees; or 

(4) The performance or nonperformance of any official CFPB duty. 

(b) Documents described in paragraph 

(a) of this section should be served upon 


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46094 Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations 

the General Counsel, Consumer 

Financial Protection Bureau, 1700 G 

Street NW, Washington, DC 20552. 

Service must be effected as provided in 

applicable rules and regulations 

governing service in Federal judicial 

and administrative proceedings. 

Acceptance of such documents by the 

General Counsel does not constitute a 

waiver of any defense that might 

otherwise exist with respect to service 

under the Federal Rules of Civil or 

Criminal Procedure or other applicable 

laws or regulations. 

(c) In the event that any demand or 

request described in paragraph (a) of 

this section is sought to be delivered to 

a CFPB employee other than in the 

manner prescribed in paragraph (b) of 

this section, such employee shall 

decline service and direct the server of 

process to these regulations. If the 

demand or request is nonetheless 

delivered to the employee, the employee 

shall immediately notify, and deliver a 

copy of that document to, the General 

Counsel. 

(d) The CFPB is not an agent for 

service for, or otherwise authorized to 

accept on behalf of its employees, any 

subpoenas, orders, or other demands or 

requests, which are not related to the 

employees’ official duties. 

(e) Copies of any subpoenas, orders, 

or other demands or requests that are 

directed to former employees of the 

CFPB in connection with the 

performance of official CFPB duties 

shall also be served upon the General 

Counsel. The CFPB shall not, however, 

serve as an agent for service for the 

former employee, nor is the CFPB 

otherwise authorized to accept service 

on behalf of its former employees. If the 

demand involves their official duties as 

CFPB employees, former employees 

who receive subpoenas, orders, or 

similar compulsory process should also 

notify, and deliver a copy of the 

document to, the General Counsel. 

§ 1070.32 Testimony and production of 

documents prohibited unless approved by 

the General Counsel. 

(a) Unless authorized by the General 

Counsel, no employee or former 

employee of the CFPB shall, in response 

to a demand or a request provide oral 

or written testimony by deposition, 

declaration, affidavit, or otherwise 

concerning any official information. 

(b) Unless authorized by the General 

Counsel, no employee or former 

employee shall, in response to a 

demand or request, produce any 

document or any material acquired as 

part of the performance of that 

employee’s duties or by virtue of that 

employee’s official status. 

§ 1070.33 Procedure when testimony or 

production of documents is sought; 

general. 

(a) If, as part of a proceeding in which 

the United States or the CFPB is not a 

party, official information is sought 

through a demand for testimony, CFPB 

records, or other material, the party 

seeking such information must (except 

as otherwise required by Federal law or 

authorized by the General Counsel) set 

forth in writing: 

(1) The title and forum of the 

proceeding, if applicable; 

(2) A detailed description of the 

nature and relevance of the official 

information sought; 

(3) A showing that other evidence 

reasonably suited to the requester’s 

needs is not available from any other 

source; and 

(4) If testimony is requested, the 

intended use of the testimony, a general 

summary of the desired testimony, and 

a showing that no document could be 

provided and used in lieu of testimony. 

(b) To the extent he or she deems 

necessary or appropriate, the General 

Counsel may also require from the party 

seeking such information a plan of all 

reasonably foreseeable demands, 

including but not limited to the names 

of all employees and former employees 

from whom testimony or discovery will 

be sought, areas of inquiry, expected 

duration of proceedings requiring oral 

testimony, identification of potentially 

relevant documents, or any other 

information deemed necessary to make 

a determination. The purpose of this 

requirement is to assist the General 

Counsel in making an informed decision 

regarding whether testimony, the 

production of documents, or the 

provision of other information should 

be authorized. 

(c) The General Counsel may consult 

or negotiate with an attorney for a party, 

or the party if not represented by an 

attorney, to refine or limit a request or 

demand so that compliance is less 

burdensome. 

(d) The General Counsel will notify 

the CFPB employee and such other 

persons as circumstances may warrant 

of his or her decision regarding 

compliance with the request or demand. 

§ 1070.34 Procedure when response to 

demand is required prior to receiving 

instructions. 

(a) If a response to a demand 

described in § 1070.33 is required before 

the General Counsel renders a decision, 

the CFPB will request that the 

appropriate CFPB attorney or an 

attorney of the Department of Justice, as 

appropriate, take steps to stay, 

postpone, or obtain relief from the 

demand pending decision. If necessary, 

the attorney will: 

(1) Appear with the employee upon 

whom the demand has been made; 

(2) Furnish the court or other 

authority with a copy of the regulations 

contained in this subpart; 

(3) Inform the court or other authority 

that the demand has been, or is being, 

as the case may be, referred for the 

prompt consideration of the appropriate 

CFPB official; and 

(4) Request the court or authority to 

stay the demand pending receipt of the 

requested instructions. 

(b) In the event that an immediate 

demand for production or disclosure is 

made in circumstances which would 

preclude the proper designation or 

appearance of an attorney of the CFPB 

or the Department of Justice on the 

employee’s behalf, the employee, if 

necessary, shall request from the 

demanding court or authority a 

reasonable stay of proceedings for the 

purpose of obtaining instructions from 

the General Counsel. 

§ 1070.35 Procedure in the event of an 

adverse ruling. 

If a stay of, or other relief from, the 

effect of a demand made pursuant to 

§§ 1070.33 and 1070.34 is declined or 

not obtained, or if the court or other 

judicial or quasi-judicial authority 

declines to stay the effect of the demand 

made pursuant to §§ 1070.33 and 

1070.34, or if the court or other 

authority rules that the demand must be 

complied with irrespective of the 

General Counsel’s instructions not to 

produce the material or disclose the 

information sought, the employee upon 

whom the demand has been made shall 

decline to comply with the demand 

citing this subpart and United States ex 

rel. Touhy v. Ragen, 340 U.S. 462 

(1951). 

§ 1070.36 Considerations in determining 

whether the CFPB will comply with a 

demand or request. 

(a) In deciding whether to comply 

with a demand or request, CFPB 

officials and attorneys shall consider, 

among other pertinent considerations: 

(1) Whether such compliance would 

be unduly burdensome or otherwise 

inappropriate under the applicable rules 

of discovery or the rules of procedure 

governing the case or matter in which 

the demand arose; 

(2) Whether the number of similar 

requests would have a cumulative effect 

on the expenditure of CFPB resources; 

(3) Whether compliance is 

appropriate under the relevant 

substantive law concerning privilege or 

disclosure of information; 


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(4) The public interest; 

(5) The need to conserve the time of 

CFPB employees for the conduct of 

official business; 

(6) The need to avoid spending time 

and money of the United States for 

private purposes; 

(7) The need to maintain impartiality 

between private litigants in cases where 

a substantial government interest is not 

implicated; 

(8) Whether compliance would have 

an adverse effect on performance by the 

CFPB of its mission and duties; 

(9) The need to avoid involving the 

CFPB in controversial issues not related 

to its mission; 

(10) Whether compliance would 

interfere with supervisory examinations, 

compromise the CFPB’s supervisory 

functions or programs, or undermine 

public confidence in supervised 

financial institutions; and 

(11) Whether compliance would 

interfere with the CFPB’s ability to 

monitor for risks to consumers in the 

offering or provision of consumer 

financial products and services. 

(b) Among those demands and 

requests in response to which 

compliance will not ordinarily be 

authorized are those with respect to 

which any of the following factors, inter 

alia, exist: 

(1) Compliance would violate a 

statute or applicable rule of procedure; 

(2) Compliance would violate a 

specific regulation or Executive order; 

(3) Compliance would reveal 

information properly classified in the 

interest of national security; 

(4) Compliance would reveal 

confidential or privileged commercial or 

financial information or trade secrets 

without the owner’s consent; 

(5) Compliance would compromise 

the integrity of the deliberative 

processes of the CFPB; 

(6) Compliance would not be 

appropriate or necessary under the 

relevant substantive law governing 

privilege; 

(7) Compliance would reveal 

confidential information; or 

(8) Compliance would interfere with 

ongoing investigations or enforcement 

proceedings, compromise constitutional 

rights, or reveal the identity of a 

confidential informant. 

(c) The CFPB may condition 

disclosure of official information 

pursuant to a request or demand on the 

entry of an appropriate protective order. 

§ 1070.37 Prohibition on providing expert 

or opinion testimony. 

(a) Except as provided in this section, 

and subject to 5 CFR 2635.805, CFPB 

employees or former employees shall 

not provide opinion or expert testimony 

based upon information which they 

acquired in the scope and performance 

of their official CFPB duties, except on 

behalf of the CFPB or the United States 

or a party represented by the CFPB, or 

the Department of Justice, as 

appropriate. 

(b) Any expert or opinion testimony 

by a former employee of the CFPB shall 

be excepted from paragraph (a) of this 

section where the testimony involves 

only general expertise gained while 

employed at the CFPB. 

(c) Upon a showing by the requester 

of exceptional need or unique 

circumstances and that the anticipated 

testimony will not be adverse to the 

interests of the United States, the 

General Counsel may, consistent with 5 

CFR 2635.805, exercise his or her 

discretion to grant special, written 

authorization for CFPB employees, or 

former employees, to appear and testify 

as expert witnesses at no expense to the 

United States. 

(d) If, despite the final determination 

of the General Counsel, a court of 

competent jurisdiction or other 

appropriate authority orders the 

appearance and expert or opinion 

testimony of a current or former CFPB 

employee, that person shall 

immediately inform the General 

Counsel of such order. If the General 

Counsel determines that no further legal 

review of or challenge to the court’s 

order will be made, the CFPB employee, 

or former employee, shall comply with 

the order. If so directed by the General 

Counsel, however, the employee, or 

former employee, shall decline to 

testify. 

■ 7. Revise subpart E to read as follows: 

Subpart E—Privacy Act 

Sec. 

1070.50 Purpose and scope; definitions. 

1070.51 Authority and responsibilities of 

the Chief Privacy Officer. 

1070.52 Fees. 

1070.53 Request for access to records. 

1070.54 CFPB procedures for responding to 

a request for access. 

1070.55 Special procedures for medical 

records. 

1070.56 Request for amendment of records. 

1070.57 CFPB review of a request for 

amendment of records. 

1070.58 Appeal of adverse determination of 

request for access or amendment. 

1070.59 Restrictions on disclosure. 

1070.60 Exempt records. 

1070.61 Training; rules of conduct; 

penalties for non-compliance. 

1070.62 Preservation of records. 

1070.63 Use and collection of Social 

Security numbers. 

Subpart E—Privacy Act 

§ 1070.50 Purpose and scope; definitions. 

(a) This subpart implements the 

provisions of the Privacy Act of 1974, 5 

U.S.C. 552a (the Privacy Act). The 

regulations apply to all records 

maintained by the CFPB and which are 

retrieved by an individual’s name or 

personal identifier. The regulations set 

forth the procedures for requests for 

access to, or amendment of, records 

concerning individuals that are 

contained in systems of records 

maintained by the CFPB. These 

regulations should be read in 

conjunction with the Privacy Act, which 

provides additional information about 

this topic. 

(b) For purposes of this subpart, the 

following definitions apply: 

(1) The term Chief Privacy Officer 

means the Chief Information Officer of 

the CFPB or any CFPB employee to 

whom the Chief Information Officer has 

delegated authority to act under this 

part; 

(2) The term guardian means the 

parent of a minor, or the legal guardian 

of any individual who has been 

declared to be incompetent due to 

physical or mental incapacity or age by 

a court of competent jurisdiction; 

(3) Individual means a citizen of the 

United States or an alien lawfully 

admitted for permanent residence; 

(4) Maintain includes maintain, 

collect, use, or disseminate; 

(5) Record means any item, collection, 

or grouping of information about an 

individual that is maintained by an 

agency, including, but not limited to, 

his education, financial transactions, 

medical history, and criminal or 

employment history and that contains 

his name or the identifying number, 

symbol, or other identifying particular 

assigned to the individual, such as a 

finger or voiceprint or a photograph; 

(6) Routine use means the disclosure 

of a record that is compatible with the 

purpose for which it was collected; 

(7) System of records means a group 

of any records under the control of an 

agency from which information is 

retrieved by the name of the individual 

or by some identifying number, symbol, 

or other identifying particular assigned 

to the individual; and 

(8) Statistical record means a record 

in a system of records maintained for 

statistical research or reporting purposes 

only and not used in whole or in part 

in making any determination about an 

identifiable individual, except as 

provided by 13 U.S.C. 8. 


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§ 1070.51 Authority and responsibilities of 

the Chief Privacy Officer. 

The Chief Privacy Officer is 

authorized to: 

(a) Develop, implement, and maintain 

an organization-wide privacy program; 

(b) Respond to requests for access to, 

accounting of, or amendment of records 

contained in a system of records 

maintained by the CFPB; 

(c) Approve the publication of new 

systems of records and amend existing 

systems of record; and 

(d) File any necessary reports related 

to the Privacy Act. 

§ 1070.52 Fees. 

(a) Copies of records. The CFPB shall 

provide the requester with copies of 

records requested pursuant to § 1070.53 

at the same cost charged for duplication 

of records under § 1070.22. 

(b) No fee. The CFPB will not charge 

a fee if: 

(1) Total charges associated with a 

request are less than $5; or 

(2) The requester is a CFPB employee 

or former employee, or an applicant for 

employment with the CFPB, and the 

request pertains to that employee, 

former employee, or applicant. 

§ 1070.53 Request for access to records. 

(a) Procedures for making a request 

for access to records. An individual’s 

requests for access to records that 

pertain to that individual (or to the 

individual for whom the requester 

serves as guardian) may be submitted to 

the CFPB in writing as follows: 

(1) If submitted by mail or delivery 

service, the request shall be labeled 

‘‘Privacy Act Request’’ and shall be 

addressed to the Chief Privacy Officer, 

Consumer Financial Protection Bureau, 

1700 G Street NW, Washington, DC 

20552. 

(2) If submitted by electronic means, 

the request shall be labeled ‘‘Privacy Act 

Request’’ and the request shall be 

submitted as set forth at the CFPB’s 

website, http://

www.consumerfinance.gov. 

(b) Content of a request for access to 

records. A request for access to records 

shall include: 

(1) A statement that the request is 

made pursuant to the Privacy Act; 

(2) The name of the system of records 

that the requester believes contains the 

record requested, or a description of the 

nature of the record sought in detail 

sufficient to enable CFPB personnel to 

locate the system of records containing 

the record with a reasonable amount of 

effort; 

(3) Whenever possible, a description 

of the nature of the record sought, the 

date of the record or the period in which 

the requester believes that the record 

was created, and any other information 

that might assist the CFPB in identifying 

the record sought (e.g., maiden name, 

dates of employment, account 

information, etc.); 

(4) Information necessary to verify the 

requester’s identity pursuant to 

paragraph (c) of this section; and 

(5) The mailing or email address 

where the CFPB’s response or further 

correspondence should be sent. 

(c) Verification of identity. To obtain 

access to the CFPB’s records pertaining 

to a requester, the requester shall 

provide proof to the CFPB of the 

requester’s identity as provided in 

paragraphs (c)(1) and (2) of this section. 

(1) In general, the following will be 

considered adequate proof of a 

requester’s identity: 

(i) A photocopy of two forms of 

identification, including one form of 

identification that bears the requester’s 

photograph, and one form of 

identification that bears the requester’s 

signature; 

(ii) A photocopy of a single form of 

identification that bears both the 

requester’s photograph and signature; or 

(iii) A statement swearing or affirming 

the requester’s identity and to the fact 

that the requester understands the 

penalties provided in 5 U.S.C. 

552a(i)(3). 

(2) Notwithstanding paragraph (c)(1) 

of this section, a designated official may 

require additional proof of the 

requester’s identity before action will be 

taken on any request, if such official 

determines that it is necessary to protect 

against unauthorized disclosure of 

information in a particular case. In 

addition, if a requester seeks records 

pertaining to an individual in the 

requester’s capacity as that individual’s 

guardian, the requester shall be required 

to provide adequate proof of the 

requester’s legal relationship before 

action will be taken on any request. 

(d) Request for accounting of previous 

disclosures. An individual may request 

an accounting of previous disclosures of 

records pertaining to that individual in 

a system of records as provided in 5 

U.S.C. 552a(c). Such requests should 

conform to the procedures and form for 

requests for access to records set forth 

in paragraphs (a) and (b) of this section. 

§ 1070.54 CFPB procedures for 

responding to a request for access. 

(a) Acknowledgment and response. 

The CFPB will provide written 

acknowledgement of the receipt of a 

request within twenty (20) business 

days from the receipt of the request and 

will, where practicable, respond to each 

request within that twenty (20) day 

period. When a full response is not 

practicable within the twenty (20) day 

period, the CFPB will respond as 

promptly as possible. 

(b) Disclosure. (1) When the CFPB 

discloses information in response to a 

request, the CFPB will make the 

information available for inspection and 

copying during regular business hours 

as provided in § 1070.13, or the CFPB 

will mail it or email it to the requester, 

if feasible, upon request. 

(2) The requester may bring with him 

or her anyone whom the requester 

chooses to see the requested material. 

All visitors to the CFPB’s buildings 

must comply with the applicable 

security procedures. 

(c) Denial of a request. If the CFPB 

denies a request made pursuant to 

§ 1070.53, it will inform the requester in 

writing of the reason(s) for denial and 

the procedures for appealing the denial. 

§ 1070.55 Special procedures for medical 

records. 

If an individual requests medical or 

psychological records pursuant to 

§ 1070.53, the CFPB will disclose them 

directly to the requester unless the 

CFPB determines that such disclosure 

could have an adverse effect on the 

requester. If the CFPB makes that 

determination, the CFPB shall provide 

the information to a licensed physician 

or other appropriate representative that 

the requester designates, who shall 

disclose those records to the requester 

in a manner he or she deems 

appropriate. 

§ 1070.56 Request for amendment of 

records. 

(a) Procedures for making request. (1) 

If an individual wishes to amend a 

record that pertains to that individual in 

a system of records, that individual may 

submit a request in writing to the Chief 

Privacy Officer, as set forth in 

§ 1070.53(a). The request shall be 

labeled ‘‘Privacy Act Amendment 

Request.’’ 

(2) A request for amendment of a 

record must: 

(i) Identify the name of the system of 

records that the requester believes 

contains the record for which the 

amendment is requested, or a 

description of the nature of the record 

in detail sufficient to enable CFPB 

personnel to locate the system of 

records containing the record with a 

reasonable amount of effort; 

(ii) Specify the portion of that record 

requested to be amended; and 

(iii) Describe the nature and reasons 

for each requested amendment. 

(3) When making a request for 

amendment of a record, the CFPB will 


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require a requester to verify his or her 

identity under the procedures set forth 

in § 1070.53(c), unless the requester has 

already done so in a related request for 

access or amendment. 

(b) Burden of proof. In a request for 

amendment of a record, the requester 

bears the burden of proving by a 

preponderance of the evidence that the 

record is not accurate, relevant, timely, 

or complete. 

§ 1070.57 CFPB review of a request for 

amendment of records. 

(a) Time limits. The CFPB will 

acknowledge a request for amendment 

of records within ten (10) business days 

after it receives the request. In the 

acknowledgment, the CFPB may request 

additional information necessary for a 

determination on the request for 

amendment. The CFPB will make a 

determination on a request to amend a 

record promptly. 

(b) Contents of response to a request 

for amendment. When the CFPB 

responds to a request for amendment, 

the CFPB will inform the requester in 

writing whether the request is granted 

or denied, in whole or in part. If the 

CFPB grants the request, it will take the 

necessary steps to amend the record 

and, when appropriate and possible, 

notify prior recipients of the record of 

its action. If the CFPB denies the 

request, in whole or in part, it will 

inform the requester in writing: 

(1) Why the request (or portion of the 

request) was denied; 

(2) That the requester has a right to 

appeal; and 

(3) How to file an appeal. 

§ 1070.58 Appeal of adverse determination 

of request for access or amendment. 

(a) Appeal. A requester may appeal a 

denial of a request made pursuant to 

§ 1070.53 or § 1070.56 within ten (10) 

business days after the CFPB notifies the 

requester that it has denied the request. 

(b) Content of appeal. A requester 

may submit an appeal in writing as set 

forth in § 1070.53(a). The appeal shall 

be addressed to the General Counsel and 

labeled ‘‘Privacy Act Appeal.’’ The 

appeal must also: 

(1) Specify the background of the 

request; and 

(2) Provide reasons why the requester 

believes the denial is in error. 

(c) Determination. The General 

Counsel will make a determination as to 

whether to grant or deny an appeal 

within thirty (30) business days from 

the date it is received, unless the 

General Counsel extends the time for 

good cause. 

(1) If the General Counsel grants an 

appeal regarding a request for 

amendment, he or she will take the 

necessary steps to amend the record 

and, when appropriate and possible, 

notify prior recipients of the record of 

its action. 

(2) If the General Counsel denies an 

appeal, he or she will inform the 

requester of such determination in 

writing, including the reasons for the 

denial, and the requester’s right to file 

a statement of disagreement and to have 

a court review its decision. 

(d) Statement of disagreement. (1) If 

the General Counsel denies an appeal 

regarding a request for amendment, a 

requester may file a concise statement of 

disagreement with the denial. The CFPB 

will maintain the requester’s statement 

with the record that the requester sought 

to amend and any disclosure of the 

record will include a copy of the 

requester’s statement of disagreement. 

(2) When practicable and appropriate, 

the CFPB will provide a copy of the 

statement of disagreement to any prior 

recipients of the record. 

§ 1070.59 Restrictions on disclosure. 

The CFPB will not disclose any record 

about an individual contained in a 

system of records to any person or 

agency without the prior written 

consent of that individual unless the 

disclosure is authorized by 5 U.S.C. 

552a(b). Disclosures authorized by 5 

U.S.C. 552a(b) include disclosures that 

are compatible with one or more routine 

uses that are contained within the 

CFPB’s Systems of Records Notices, 

which are available on the CFPB’s 

website, at http://www.consumer

finance.gov. 

§ 1070.60 Exempt records. 

(a) Exempt systems of records. 

Pursuant to 5 U.S.C. 552a(k)(2), the 

CFPB exempts the systems of records 

listed in paragraphs (a)(1) through (4) of 

this section from 5 U.S.C. 552a(c)(3), (d), 

(e)(1), (e)(4)(G)–(H), and (f), and 

§§ 1070.53 through 1070.59, to the 

extent that such systems of records 

contain investigatory materials 

compiled for law enforcement purposes, 

provided, however, that if any 

individual is denied any right, privilege, 

or benefit to which he or she would 

otherwise be entitled under Federal law, 

or for which he or she would otherwise 

be eligible as a result of the maintenance 

of such material, such material shall be 

disclosed to such individual, except to 

the extent that the disclosure of such 

material would reveal the identity of a 

source who furnished information to the 

CFPB under an express promise that the 

identity of the source would be held in 

confidence: 

(1) CFPB.002 Depository Institution 

Supervision Database. 

(2) CFPB.003 Non-Depository 

Institution Supervision Database. 

(3) CFPB.004 Enforcement Database. 

(4) CFPB.005 Consumer Response 

System. 

(b) Information compiled for civil 

actions or proceedings. This subpart 

does not permit an individual to have 

access to any information compiled in 

reasonable anticipation of a civil action 

or proceeding. 

§ 1070.61 Training; rules of conduct; 

penalties for non-compliance. 

(a) Training. The Chief Privacy Officer 

shall institute a training program to 

instruct CFPB employees and contractor 

personnel covered by 5 U.S.C. 552a(m), 

who are involved in the design, 

development, operation, or maintenance 

of any CFPB system of records, on a 

continuing basis with respect to the 

duties and responsibilities imposed on 

them and the rights conferred on 

individuals by the Privacy Act, the 

regulations in this subpart, and any 

other related regulations. Such training 

shall provide suitable emphasis on the 

civil and criminal penalties imposed on 

the CFPB and the individual employees 

or contractor personnel by the Privacy 

Act for non-compliance with specified 

requirements of the Act as implemented 

by the regulations in this subpart. 

(b) Rules of conduct. The following 

rules of conduct are applicable to 

employees of the CFPB (including, to 

the extent required by the contract or 5 

U.S.C. 552a(m), Government contractors 

and employees of such contractors), 

who are involved in the design, 

development, operation or maintenance 

of any system of records, or in 

maintaining any records, for or on 

behalf of the CFPB. 

(1) The head of each office of the 

CFPB shall be responsible for assuring 

that employees subject to such official’s 

supervision are advised of the 

provisions of the Privacy Act, including 

the criminal penalties and civil 

liabilities provided therein, and the 

regulations in this subpart, and that 

such employees are made aware of their 

individual and collective 

responsibilities to protect the security of 

personal information, to assure its 

accuracy, relevance, timeliness and 

completeness, to avoid unauthorized 

disclosure either orally or in writing, 

and to ensure that no system of records 

is maintained without public notice. 

(2) Employees of the CFPB involved 

in the design, development, operation, 

or maintenance of any system of 

records, or in maintaining any record 

shall: 


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46098 Federal Register / Vol. 83, No. 177 / Wednesday, September 12, 2018 / Rules and Regulations 

(i) Collect no information of a 

personal nature from individuals unless 

authorized to collect it to achieve a 

function or carry out a responsibility of 

the CFPB; 

(ii) Collect information, to the extent 

practicable, directly from the individual 

to whom it relates; 

(iii) Inform each individual asked to 

supply information, on the form used to 

collect the information or on a separate 

form that can be retained by the 

individual of— 

(A) The authority (whether granted by 

statute, or by executive order of the 

President) which authorizes the 

solicitation of the information and 

whether disclosure of such information 

is mandatory or voluntary; 

(B) The principal purpose or purposes 

for which the information is intended to 

be used; 

(C) The routine uses which may be 

made of the information, as published 

pursuant to 5 U.S.C. 552a(e)(4)(D); and 

(D) The effects on the individual, if 

any, of not providing all or any part of 

the requested information; 

(iv) Not collect, maintain, use or 

disseminate information concerning an 

individual’s religious or political beliefs 

or activities or membership in 

associations or organizations, unless 

expressly authorized by statute or by the 

individual about whom the record is 

maintained or unless pertinent to and 

within the scope of an authorized law 

enforcement activity; 

(v) Advise their supervisors of the 

existence or contemplated development 

of any record system which is capable 

of retrieving information about 

individuals by individual identifier; 

(vi) Assure that no records maintained 

in a CFPB system of records are 

disseminated without the permission of 

the individual about whom the record 

pertains, except when authorized by 5 

U.S.C. 552a(b); 

(vii) Maintain and process 

information concerning individuals 

with care in order to ensure that no 

inadvertent disclosure of the 

information is made either within or 

without the CFPB; 

(viii) Prior to disseminating any 

record about an individual to any 

person other than an agency, unless the 

dissemination is made pursuant to 5 

U.S.C. 552a(b)(2), make reasonable 

efforts to assure that such records are 

accurate, complete, timely, and relevant 

for agency purposes; and 

(ix) Assure that an accounting is kept 

in the prescribed form, of all 

dissemination of personal information 

outside the CFPB, whether made orally 

or in writing, unless disclosed under 5 

U.S.C. 552 or subpart B of this part. 

(3) The head of each office of the 

CFPB shall, at least annually, review the 

record systems subject to their 

supervision to ensure compliance with 

the provisions of the Privacy Act of 

1974 and the regulations in this subpart. 

§ 1070.62 Preservation of records. 

The CFPB will preserve all 

correspondence pertaining to the 

requests that it receives under this part, 

as well as copies of all requested 

records, until disposition or destruction 

is authorized by title 44 of the United 

States Code or the National Archives 

and Records Administration’s General 

Records Schedule 14. Records will not 

be disposed of or destroyed while they 

are the subject of a pending request, 

appeal, proceeding, or lawsuit. 

§ 1070.63 Use and collection of Social 

Security numbers. 

The CFPB will ensure that employees 

authorized to collect information are 

aware: 

(a) That individuals may not be 

denied any right, benefit, or privilege as 

a result of refusing to provide their 

Social Security numbers, unless the 

collection is authorized either by a 

statute or by a regulation issued prior to 

1975; and 

(b) That individuals requested to 

provide their Social Security numbers 

must be informed of: 

(1) Whether providing Social Security 

numbers is mandatory or voluntary; 

(2) Any statutory or regulatory 

authority that authorizes the collection 

of Social Security numbers; and 

(3) The uses that will be made of the 

numbers. 

Dated: August 30, 2018. 

Mick Mulvaney, 

Acting Director, Bureau of Consumer 

Financial Protection. 

[FR Doc. 2018–19384 Filed 9–11–18; 8:45 am] 

BILLING CODE 4810–AM–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 25 

[Docket No. FAA–2016–5909; Special 

Conditions No. 25–626A–SC] 

Special Conditions: The Boeing 

Company (Boeing), Model 787–8, 

787–9, and 787–10 Series Airplanes; 

Dynamic Test Requirements for SingleOccupant, Oblique (Side-Facing) Seats 

With or Without Airbag Devices or 

3-Point Restraints 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Amended final special 

conditions; request for comments. 

SUMMARY: These amended special 

conditions are issued for the Boeing 

Model 787–8, 787–9, and 787–10 series 

airplanes. This amendment states that 

the Boeing Model 787–8, 787–9, and 

787–10 series airplanes oblique (sidefacing) seats may be installed at an angle 

of 18 to 45 degrees to the airplane 

centerline and may include a 3-point or 

airbag restraint system, or both, for 

occupant restraint and injury protection. 

This airplane will have novel or 

unusual design features when compared 

to the state of technology envisioned in 

the airworthiness standards for 

transport category airplanes. These 

design features are oblique (side-facing) 

single-occupant seats equipped with 

airbag devices or 3-point restraints. The 

applicable airworthiness regulations do 

not contain adequate or appropriate 

safety standards for these design 

features. These special conditions 

contain the additional safety standards 

the Administrator considers necessary 

to establish a level of safety equivalent 

to that established by the existing 

airworthiness standards. 

DATES: This action is effective on Boeing 

on September 12, 2018. Send comments 

on or before October 29, 2018. 

ADDRESSES: Send comments identified 

by Docket No. FAA–2016–5909 using 

any of the following methods: 

• Federal eRegulations Portal: Go to 

http://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 

function of the docket website, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 


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