This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

13289 

Vol. 89, No. 36 

Thursday, February 22, 2024 

1 5 U.S.C. 552. 

2 5 U.S.C. 552(b)(1)–(9) (exemptions); 5 U.S.C. 

552(c)(1)–(3) (exclusions). 

3 5 U.S.C. 552(a)(3) (agency obligation to search 

for and provide records pursuant to request); 5 

U.S.C. 552(a)(4)(A) (fees); 5 U.S.C. 552(a)(6) 

(processing requests, including appeals). 

4 5 U.S.C. 552(a)(6)(A)(III)(aa) (administrative 

appeal); 5 U.S.C. 552(a)(4)(B)–(C) (district court). 

5E.g., 5 U.S.C. 552(a)(4)(A)(i) (In order to carry 

out the provisions of this section, each agency shall 

promulgate regulations, pursuant to notice and 

receipt of public comment, specifying the schedule 

of fees applicable to the processing of requests 

under this section and establishing procedures and 

guidelines for determining when such fees should 

be waived or reduced.); 5 U.S.C. 552(a)(6)(E)(i) 

(Each agency shall promulgate regulations, 

pursuant to notice and receipt of public comment, 

providing for expedited processing of requests for 

records[.]). 

6 12 CFR 4.15 (request process, including request 

format, time limits for response, and appeals); 12 

CFR 4.17 (fees). 

DEPARTMENT OF THE TREASURY 

Office of the Comptroller of the 

Currency 

12 CFR Part 4 

[Docket ID OCC–2022–0008] 

RIN 1557–AE76 

Availability of Information Under the 

Freedom of Information Act 

AGENCY: Office of the Comptroller of the 

Currency, Treasury. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Office of the Comptroller 

of the Currency (OCC) is proposing to 

amend its Freedom of Information Act 

(FOIA) regulations. The proposal would 

amend the OCC’s FOIA regulations to 

provide for expedited processing of 

FOIA requests and establish procedures 

for requestors to appeal denials of 

expedited processing and fee waiver 

requests. The proposal also would 

remove the competitive harm standard 

for information provided to the 

government on an involuntary basis and 

make a conforming amendment to the 

OCC’s FOIA regulations to be consistent 

with FOIA. 

DATES: Comments must be received by 

April 22, 2024. 

ADDRESSES: Commenters are encouraged 

to submit comments through the Federal 

eRulemaking Portal. Please use the title 

‘‘Availability of Information Under the 

Freedom of Information Act’’ to 

facilitate the organization and 

distribution of the comments. You may 

submit comments by any of the 

following methods: 

• Federal eRulemaking Portal— 

Regulations.gov: 

Go to https://regulations.gov/. Enter 

‘‘Docket ID OCC–2022–0008’’ in the 

Search Box and click ‘‘Search.’’ Public 

comments can be submitted via the 

‘‘Comment’’ box below the displayed 

document information or by clicking on 

the document title and then clicking the 

‘‘Comment’’ box on the top-left side of 

the screen. For help with submitting 

effective comments, please click on 

‘‘Commenter’s Checklist.’’ For 

assistance with the Regulations.gov site, 

please call 1–866–498–2945 (toll free) 

Monday–Friday, 9 a.m.–5 p.m. ET, or 

email regulationshelpdesk@gsa.gov. 

• Mail: Chief Counsel’s Office, 

Attention: Comment Processing, Office 

of the Comptroller of the Currency, 400 

7th Street SW, Suite 3E–218, 

Washington, DC 20219. 

• Hand Delivery/Courier: 400 7th 

Street SW, Suite 3E–218, Washington, 

DC 20219. 

Instructions: You must include 

‘‘OCC’’ as the agency name and ‘‘Docket 

ID OCC–2022–0008’’ in your comment. 

In general, the OCC will enter all 

comments received into the docket and 

publish the comments on the 

Regulations.gov website without 

change, including any business or 

personal information provided such as 

name and address information, email 

addresses, or phone numbers. 

Comments received, including 

attachments and other supporting 

materials, are part of the public record 

and subject to public disclosure. Do not 

include any information in your 

comment or supporting materials that 

you consider confidential or 

inappropriate for public disclosure. 

You may review comments and other 

related materials that pertain to this 

action by the following method: 

• Viewing Comments Electronically— 

Regulations.gov: 

Go to https://regulations.gov/. Enter 

‘‘Docket ID OCC–2022–0008’’ in the 

Search Box and click ‘‘Search.’’ Click on 

the ‘‘Dockets’’ tab and then the 

document’s title. After clicking the 

document’s title, click the ‘‘Browse All 

Comments’’ tab. Comments can be 

viewed and filtered by clicking on the 

‘‘Sort By’’ drop-down on the right side 

of the screen or the ‘‘Refine Comments 

Results’’ options on the left side of the 

screen. Supporting materials can be 

viewed by clicking on the ‘‘Browse 

Documents’’ tab. Click on the ‘‘Sort By’’ 

drop-down on the right side of the 

screen or the ‘‘Refine Results’’ options 

on the left side of the screen checking 

the ‘‘Supporting & Related Material’’ 

checkbox. For assistance with the 

Regulations.gov site, please call 1–866– 

498–2945 (toll free) Monday–Friday, 9 

a.m.–5 p.m. ET, or email 

regulationshelpdesk@gsa.gov. 

The docket may be viewed after the 

close of the comment period in the same 

manner as during the comment period. 

FOR FURTHER INFORMATION CONTACT: 

Kristin Merritt, Assistant Director, 

MaryAnn Nash, Counsel, or Christopher 

D’Alessio, Counsel, Chief Counsel’s 

Office, (202) 649–5490; 400 7th Street 

SW, Washington, DC 20219. If you are 

deaf, hard of hearing, or have a speech 

disability, please dial 7–1–1 to access 

telecommunications relay services. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Freedom of Information Act 

(FOIA) 1 enacted in 1966, revised the 

public disclosure section of the 

Administrative Procedure Act to allow 

for easier public access to government 

records. FOIA makes government 

records accessible to members of the 

public, unless the records (or any 

portion thereof) are protected from 

disclosure by one of FOIA’s nine 

exemptions or by one of its three special 

law enforcement record exclusions.2

FOIA outlines a process for members of 

the public to obtain records.3 This 

process also affords requesters 

administrative appeals and remedy in 

United States district courts.4

FOIA requires Federal agencies to 

promulgate regulations to implement 

the statute.5 The OCC’s FOIA 

regulations create a process by which 

requesters can request and obtain 

agency records, including how to 

request records, the format requests 

must take, and the time limits for OCC 

response, appeals, and fees.6


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13290 Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Proposed Rules 

7 5 U.S.C. 552(a)(6)(E)(i). 

8 5 U.S.C. 552(a)(6)(E)(i)(I)–(II). 

9 5 U.S.C. 552(a)(6)(E)(v)(I)–(II). 

10 5 U.S.C. 552(a)(6)(E)(vi). 

11 5 U.S.C. 552(a)(6)(E)(ii)(I). 

12 5 U.S.C. 552(a)(6)(E)(ii)(II). 

13Under the proposed § 4.15(c)(5)(iii)(B), a 

requester ‘‘primarily engaged in disseminating 

information’’ does not include individuals who are 

engaged only incidentally in the dissemination of 

information. 

14See 5 U.S.C. 552(a)(6)(E)(i)(I)–(II). 

15See 5 U.S.C. 552(a)(6)(E)(v)(I)–(II). 

16See 31 CFR 1.4(e)(1)(i)–(ii). 

17See 5 U.S.C. 552(a)(6)(E)(vi). 

18See 31 CFR 1.4(e)(3). 

19See 5 U.S.C. 552(a)(6)(E)(ii)(I). 

20See 5 U.S.C. 552(a)(6)(E)(iii). 

21See 5 U.S.C. 552(a)(6)(E)(ii)(II). 

22See 5 U.S.C. 552(a)(6)(A)(i)(III)(aa). 

23See 5 U.S.C. 552(a)(6)(A)(i)(III). 

24See 5 U.S.C. 552(a)(6)(E)(ii)(II). 

25 5 U.S.C. 552(a)(6)(E)(i)(II). 

II. Proposed Changes 

Expedited Processing. FOIA mandates 

that each Federal agency promulgate 

regulations, pursuant to notice and 

receipt of public comment, providing 

for expedited processing of requests for 

records.7 However, the OCC’s current 

FOIA regulations do not address 

expedited processing requests. 

Presently, when the OCC grants a 

request for expedited processing, the 

agency processes the request as soon as 

practicable. Accordingly, the proposal 

would amend the OCC’s FOIA 

regulations to include procedures for 

expedited processing. 

FOIA also provides specific 

requirements for agencies’ expedited 

processing regulations. The statute 

requires that the regulations allow for 

expedited processing when the 

requester ‘‘demonstrates a compelling 

need’’ and ‘‘in other cases determined 

by the agency.’’ 8 The statute defines 

‘‘compelling need’’ as either: (1) ‘‘that a 

failure to obtain requested records on an 

expedited basis . . . could reasonably 

be expected to pose an imminent threat 

to the life or physical safety of an 

individual’’ or (2) ‘‘urgency to inform 

the public concerning actual or alleged 

Federal Government activity’’ when ‘‘a 

request [is] made by a person primarily 

engaged in disseminating 

information[.]’’ 9 FOIA requires that the 

requester’s ‘‘demonstration of 

compelling need’’ be made by a 

statement certifying it is true and correct 

to the best of the requester’s knowledge 

and belief.10 The statute also requires an 

agency to provide the requester with 

notice of the decision on a request for 

expedited processing ‘‘within 10 days 

after the date of the request.’’ 11 Finally, 

the statute requires that the regulations 

ensure ‘‘expeditious consideration of 

administrative appeals’’ of decisions on 

requests for expedited processing.12

The OCC’s proposal would address 

each of the statute’s requirements for 

expedited processing regulations in new 

proposed paragraph 12 CFR 4.15(c)(5). 

Under proposed paragraph (c)(5)(i), 

individuals would be able to request 

expedited processing with their initial 

request for records or at any time 

thereafter. If the individual requests 

expedited processing on paper, both the 

envelope and the request itself would 

have to be labeled, ‘‘Expedited 

Processing Requested.’’ 

Under proposed paragraph (c)(5)(ii), 

the OCC would grant requests for 

expedited processing when they 

involve: (A) circumstances in which the 

lack of expedited processing could 

reasonably be expected to pose an 

imminent threat to the life or physical 

safety of an individual; (B) an urgency 

to inform the public about an actual or 

alleged Federal government activity, if 

made by a person who is primarily 

engaged in disseminating 

information; 13 or (C) the loss of 

substantial due process rights. Under 

proposed paragraph (c)(5)(ii)(B), the 

‘‘urgency to inform’’ standard would 

require that records requested pertain to 

a matter of current exigency to the 

public and that delaying a response to 

a request for records would compromise 

a significant recognized interest to and 

throughout the general public. This 

proposed provision would implement 

FOIA’s requirement that each agency 

promulgate regulations providing for 

expedited processing when the 

requester demonstrates ‘‘compelling 

need,’’ or ‘‘in other cases determined by 

the agency.’’ 14 The proposed standard 

for compelling need fulfills the 

requirements in FOIA 15 and includes 

language similar to the U.S. Department 

of the Treasury’s FOIA regulations.16

Under proposed paragraph (c)(5)(iii), 

a requester who seeks expedited 

processing would be required to submit 

a statement, certified to be true and 

correct, demonstrating the compelling 

need for expedited processing, which is 

consistent with FOIA.17 The certified 

statement demonstrating compelling 

need must address at least one of the 

criterion in paragraph (c)(5)(ii). Further, 

the proposed rule would allow the OCC 

to waive this certification requirement 

as a matter of administrative discretion. 

This proposed language is similar to the 

U.S. Department of the Treasury’s FOIA 

regulations.18

Under proposed paragraph (c)(5)(iv), 

the OCC would have 10 calendar days 

after receipt of the request for expedited 

processing to notify the requester of the 

OCC’s decision to grant or deny the 

request. The 10-day timetable conforms 

to the requirement in FOIA.19 Further, 

the decision to grant or deny an 

expedited processing request would be 

based solely on the information 

contained in the initial letter requesting 

expedited processing. Under the 

proposal, the OCC would process the 

records ‘‘as soon as practicable’’ in 

conformance with FOIA.20 The 

proposed rule also includes a provision 

for appeals of a denial of an expedited 

processing request. This provision is 

included in the proposal because FOIA 

requires that agencies’ FOIA regulations 

ensure ‘‘expeditious consideration of 

administrative appeals’’ of decisions on 

requests for expedited processing.21

Under proposed paragraph (c)(5)(v), a 

requester could appeal the denial of a 

request for expedited processing by 

following the appeal procedures in 12 

CFR 4.15(d). The procedures in § 4.15(d) 

require the requester to appeal within 

90 calendar days because FOIA provides 

for a timetable of ‘‘not less than 90 

days’’ for a requester to appeal an 

adverse determination.22 Under 

proposed paragraph (c)(5)(v), if the 

requester submits an appeal on paper, 

the envelope and appeal would need to 

be clearly marked ‘‘Appeal for 

Expedited Processing.’’ In addition, the 

proposed rule would amend § 4.15(d), 

which outlines the OCC’s administrative 

appeal procedures, to state that 

requesters may appeal an ‘‘adverse 

determination,’’ a term which appears, 

but is not defined, in FOIA.23 The 

proposal would amend § 4.15(d) to 

clarify that the denial of an expedited 

processing request constitutes an 

adverse determination and, therefore, 

requesters can appeal the denial of an 

expedited processing request. The 

proposal further clarifies that the 

Comptroller or the Comptroller’s 

delegate would decide appeals from 

denials of expedited processing 

requests. 

Finally, under proposed 12 CFR 

4.15(c)(5)(vi), consistent with FOIA, the 

OCC would be required to expeditiously 

(1) consider the appeal and (2) notify 

the requestor of the determination. This 

proposed standard tracks the language 

of FOIA, which requires expeditious 

consideration of administrative 

appeals.24

Question 1. FOIA requires that the 

OCC’s FOIA regulations provide for 

expedited processing ‘‘in other cases 

determined by the agency.’’ 25 In what 

situations should the OCC grant a 

request for expedited processing? 


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Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Proposed Rules 13291 

26 5 U.S.C. 552(a)(4)(A)(i). 

27 5 U.S.C. 552(a)(4)(A)(iii) (Documents shall be 

furnished without any charge). 

28See 5 U.S.C. 552(a)(6)(A)(i)(III)(aa). 

29 5 U.S.C. 552(a)(4)(A)(i). 

30 5 U.S.C. 552(a)(4)(A)(vii). 

31See 12 CFR 309.5(f)(x) (FDIC); 31 CFR 1.4(h)– 

(i), 1.6(a) (Treasury); 28 CFR 16.6(d)–(e), 16.8(a) 

(DOJ). 

32See Department of Justice, Office of Information 

Policy, Template for Agency FOIA Regulations, 

§ VI. Responses to Requests, https://

www.justice.gov/oip/template-agency-foiaregulations#Responses%20to%20Requests (last 

updated Dec. 2, 2022). 

33 5 U.S.C. 552(a)(4)(A)(i). 

34Under 5 U.S.C. 552(a)(4)(A)(iii), a fee waiver 

must be granted when disclosure of the information 

is in the public interest because it is likely to 

contribute significantly to public understanding of 

the operations or activities of the government and 

is not primarily in the commercial interest of the 

requester. 

35 12 CFR 4.17(b)(4)(i)–(ii). 36 139 S. Ct. 2356, 2366 (2019). 

Question 2. Should the OCC provide 

a more specific timeline for deciding 

and responding to an appeal regarding 

expedited processing, i.e., a specific 

number of days, rather than 

‘‘expeditiously’’? 

Appeal of Fee Waiver Denials. FOIA 

requires that each agency promulgate 

regulations establishing fees for 

processing FOIA requests.26 But, under 

certain circumstances, the requester 

must be granted a fee waiver.27 FOIA 

does not expressly state whether a 

requester can appeal fee waiver denials, 

although FOIA allows requesters to 

appeal ‘‘adverse determinations.’’ 28

However, the statute does not explicitly 

define an adverse determination. 

Further, FOIA requires that each agency 

shall promulgate regulations 

establishing procedures and guidelines 

for determining when the agency should 

waive or reduce fees.29 In addition, 

FOIA specifies that a court shall 

determine the matter de novo in any 

action by a requester regarding the 

waiver of fees for FOIA purposes.30

The statutory language discussed 

above does not expressly grant 

requesters the right to appeal the denial 

of a fee waiver. However, FOIA’s 

statement that courts consider actions 

regarding fee waivers de novo suggests 

that fee waiver denials are appealable. 

Additionally, the Federal Deposit 

Insurance Corporation, U.S. Department 

of the Treasury (Treasury), and U.S. 

Department of Justice (DOJ) have 

promulgated regulations that grant an 

express right to appeal a fee waiver 

denial.31 In addition, the DOJ Office of 

Information Policy’s model FOIA 

regulations suggest that agencies should 

include the right to appeal a denial of 

a fee waiver.32 Currently, the OCC’s 

FOIA regulations do not address appeals 

from denial of a fee waiver request. 

Accordingly, consistent with the 

statute’s requirement that courts 

consider actions regarding fee waivers 

de novo, other agencies’ regulations, 

and the DOJ’s model FOIA regulations, 

the OCC proposes to amend its 

regulations to explicitly grant requesters 

the ability to appeal a denial of a fee 

waiver. 

This proposed rule would amend 12 

CFR 4.17(b), which governs the OCC’s 

standards for fee waivers by adding a 

provision in § 4.17(b)(4) to explicitly 

grant requesters the ability to appeal the 

denial of a fee waiver request. 

Furthermore, the proposed rule would 

amend 12 CFR 4.15(d), which outlines 

the OCC’s administrative appeal 

procedures, to clarify that the denial of 

a fee waiver constitutes an adverse 

determination and, therefore, requesters 

can appeal the denial of a fee waiver 

request. The proposal further clarifies 

that the Comptroller or the 

Comptroller’s delegate would decide 

appeals from denials of fee waiver 

requests. 

Fee Waivers. FOIA requires that each 

agency promulgate regulations, 

pursuant to notice and comment, stating 

the agency’s fee schedule for processing 

FOIA requests.33 FOIA also requires that 

documents shall be furnished without 

any charge or at a charge below the 

agency’s fee schedule when the 

applicable standard is met.34 However, 

current 12 CFR 4.17(b)(4) states that the 

OCC may waive or reduce a fee when 

it determines the standard is met.35 For 

consistency, the OCC is proposing an 

amendment to align its regulations with 

the statutory standard. Under the 

proposed rule, consistent with FOIA, 

the OCC ‘‘must’’ grant the requester’s 

request for a fee waiver if the requester 

meets the standard for fee waiver. 

Exemption 4. FOIA Exemption 4, 5 

U.S.C. 552(b)(4), protects ‘‘trade secrets 

and commercial or financial information 

obtained from a person and privileged 

or confidential[.]’’ Historically, the OCC 

has operated in a manner consistent 

with caselaw in determining whether 

commercial or financial information is 

‘‘confidential’’ under Exemption 4. In 

Food Marketing Institute v. Argus 

Leader Media, 139 S. Ct. 2356 (2019) 

(FMI), the Supreme Court overruled the 

longstanding substantial competitive 

harm standard for information provided 

to the government on an involuntary 

basis that was first announced in 

National Parks & Conservation Ass’n v. 

Morton, 498 F.2d 765 (D.C. Cir. 1974). 

In FMI, the Supreme Court held that 

commercial or financial information 

submitted to the government will be 

considered ‘‘confidential’’ for purposes 

of FOIA Exemption 4 at least where the 

information is ‘‘both customarily and 

actually treated as private by its owner 

and provided to the government under 

an assurance of privacy.’’ 36

Accordingly, the OCC proposes to 

remove all references to the competitive 

harm standard in 12 CFR 4.16. Because 

the definition of confidential 

commercial information in the current 

OCC regulation was based on the 

competitive harm standard, the proposal 

would update the definition to more 

closely follow FOIA and would remove 

references to the competitive harm 

standard throughout § 4.16. 

Additionally, the proposal would 

remove 12 CFR 4.16(b)(1)(i)(A), which is 

the requirement for the OCC to provide 

a submitter of information with a 

prompt notice of receipt of the request 

when the request is for confidential 

information submitted to the OCC, 

Office of Thrift Supervision, or Federal 

Home Loan Bank Board prior to 1988 

and where the records are less than 10 

years old. It is impossible for those 

records to be less than 10-years old 

today, thus, § 4.16(b)(1)(i)(A) is 

irrelevant. Finally, the proposal would 

make corresponding typographical 

changes for grammatical purposes. 

Question 3. Should the OCC define 

the term ‘‘confidential commercial 

information’’ in the regulation? 

Effective Date 

The proposed rule would have an 

effective date of at least 60 calendar 

days after publication of the final rule 

in the Federal Register or the first day 

of a calendar quarter that begins on or 

after the date on which the regulations 

are published in final form in the 

Federal Register, whichever period is 

longer. The OCC requests comment on 

the proposed effective date. 

Comment Invitation 

The OCC invites comment on all 

aspects of this proposal. 

Regulatory Analysis 

Paperwork Reduction Act of 1995 

This notice of proposed rulemaking 

has been reviewed for compliance with 

the Paperwork Reduction Act of 1995 

(PRA) (44 U.S.C. 3501 et seq.). In 

accordance with PRA, the OCC may not 

conduct or sponsor, and an organization 

is not required to respond to, an 

information collection unless the 

information collection displays a 

currently valid Office of Management 

and Budget (OMB) control number. The 


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13292 Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Proposed Rules 

37 5 U.S.C. 601 et seq. 

38Based on data accessed using FINDRS on 

August 30, 2023. 

39Consistent with the General Principles of 

Affiliation, 13 CFR 121.103(a), the OCC counts the 

assets of affiliated financial institutions when 

determining if it should classify an institution as a 

small entity. The OCC used December 31, 2022, to 

determine size because a ‘‘financial institution’s 

assets are determined by averaging the assets 

reported on its four quarterly financial statements 

for the preceding year.’’ See footnote 8 of the U.S. 

Small Business Administration’s Table of 

Standards. 

proposed rule contains no information 

collection requirements under the PRA. 

Regulatory Flexibility Act 

In general, the Regulatory Flexibility 

Act (RFA) 37 requires an agency, in 

connection with a proposed rule, to 

prepare an Initial Regulatory Flexibility 

Analysis describing the impact of the 

rule on small entities (defined by the 

U.S. Small Business Administration for 

purposes of the RFA to include 

commercial banks and savings 

institutions with total assets of $850 

million or less and trust companies with 

total assets of $47 million or less). 

However, under section 605(b) of the 

RFA, this analysis is not required if an 

agency certifies that the rule would not 

have a significant economic impact on 

a substantial number of small entities 

and publishes its certification and a 

short explanatory statement in the 

Federal Register along with its rule. 

The OCC currently supervises 

approximately 1,059 institutions 

(commercial banks, trust companies, 

Federal Savings Associations (FSAs), 

and branches or agencies of foreign 

banks, collectively banks) 38 of which 

661 are small entities.39 The OCC 

expects the costs associated with the 

proposed rule to be de minimis because 

the OCC is the main entity that would 

be impacted by reviewing and 

processing FOIA requests on an 

expedited timeframe. Furthermore, 

because the OCC expects the majority of 

those de minimis costs to be incurred by 

the OCC as it updates its policies and 

procedures and its FOIA tracking 

system and not by small entities, the 

OCC certifies that the proposed rule 

would not have a significant economic 

impact on a substantial number of small 

entities. 

Unfunded Mandates Reform Act of 1995 

The OCC analyzed the proposed rule 

under the factors set forth in the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (2 U.S.C. 1532). Under this 

analysis, the OCC considered whether 

the proposed rule includes a Federal 

mandate that may result in the 

expenditure by State, local, and Tribal 

governments, in the aggregate, or by the 

private sector, of $100 million or more 

in any one year (adjusted for inflation). 

Because the OCC’s overall estimate of 

the total potential costs associated with 

this proposed rule is de minimis, the 

OCC concludes that the rule would not 

result in private sector costs that exceed 

the UMRA threshold for a significant 

rule. Accordingly, the OCC has not 

prepared the written statement 

described in section 202 of the UMRA. 

Riegle Community Development and 

Regulatory Improvement Act of 1994 

Pursuant to section 302(a) of the 

Riegle Community Development and 

Regulatory Improvement Act of 1994 (12 

U.S.C. 4802(a)), in determining the 

effective date and administrative 

compliance requirements for new 

regulations that impose additional 

reporting, disclosure, or other 

requirements on insured depository 

institutions, the OCC will consider, 

consistent with the principles of safety 

and soundness and the public interest: 

(1) any administrative burdens that the 

proposed rule would place on 

depository institutions, including small 

depository institutions and customers of 

depository institutions and (2) the 

benefits of the proposed rule. The OCC 

requests comment on any administrative 

burdens that the proposed rule would 

place on depository institutions, 

including small depository institutions 

and their customers, and the benefits of 

the proposed rule that the OCC should 

consider in determining the effective 

date and administrative compliance 

requirements for a final rule. 

List of Subjects in 12 CFR Part 4 

Administrative practice and 

procedure, Freedom of information, 

Individuals with disabilities, Minority 

businesses, Organization and functions 

(Government agencies), Reporting and 

recordkeeping requirements, Women. 

Authority and Issuance 

For the reasons set forth in the 

preamble, and under the authority of 12 

U.S.C. 93a, the OCC proposes to amend 

12 CFR chapter I as follows: 

PART 4—ORGANIZATION AND 

FUNCTIONS, AVAILABILITY AND 

RELEASE OF INFORMATION, 

CONTRACTING OUTREACH 

PROGRAM, POST-EMPLOYMENT 

RESTRICTIONS FOR SENIOR 

EXAMINERS 

■ 1. The authority citation for part 4 

continues to read as follows: 

Authority: 5 U.S.C. 301, 552; 12 U.S.C. 1, 

93a, 161, 481, 482, 484(a), 1442, 1462a, 1463, 

1464 1817(a), 1818, 1820, 1821, 1831m, 

1831p–1, 1831o, 1833e, 1867, 1951 et seq., 

2601 et seq., 2801 et seq., 2901 et seq., 3101 

et seq., 3401 et seq., 5321, 5412, 5414; 15 

U.S.C. 77uu(b), 78q(c)(3); 18 U.S.C. 641, 

1905, 1906; 29 U.S.C. 1204; 31 U.S.C. 

5318(g)(2), 9701; 42 U.S.C. 3601; 44 U.S.C. 

3506, 3510; E.O. 12600 (3 CFR, 1987 Comp., 

p. 235). 

■ 2. Amend § 4.15 by: 

■ a. Adding paragraph (c)(5); and 

■ b. Revising paragraphs (d)(1) and (2). 

The addition and revisions read as 

follows: 

§ 4.15 How to request records. 

* * * * * 

(c) * * * 

(5) Requests for expedited processing. 

(i) An individual may submit a request 

for expedited processing either with the 

request for records or at any time 

thereafter. The request must be 

submitted in writing. In cases where a 

request is submitted on paper, both the 

envelope and the request itself must be 

clearly marked, ‘‘Expedited Processing 

Requested.’’ 

(ii) The OCC will grant requests for 

expedited processing when it is 

determined that they involve: 

(A) Circumstances in which the lack 

of expedited processing could 

reasonably be expected to pose an 

imminent threat to the life or physical 

safety of an individual; 

(B) An urgency to inform the public 

about an actual or alleged Federal 

government activity, if made by a 

person who is primarily engaged in 

disseminating information. The 

standard of ‘‘urgency to inform’’ 

requires that the records requested 

pertain to a matter of current exigency 

to the public and that delaying a 

response to a request for records would 

compromise a significant recognized 

interest to and throughout the general 

public; or 

(C) The loss of substantial due process 

rights. 

(iii) A requester who seeks expedited 

processing must submit a statement, 

certified to be true and correct, 

demonstrating the compelling need for 

expedited processing that meets at least 

one of the criterion in paragraph 

(c)(5)(ii) of this section. As a matter of 

administrative discretion, the OCC may 

waive this certification requirement. 

(iv) Upon receipt by the OCC, the 

OCC will consider a request for 

expedited processing and determine 

whether to grant or deny the request for 

expedited processing. The OCC will 

notify the requester of the determination 

within 10 calendar days after the date of 

receipt of the request for expedited 

processing. The OCC will grant or deny 


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Federal Register / Vol. 89, No. 36 / Thursday, February 22, 2024 / Proposed Rules 13293 

a request for expedited processing solely 

on the information contained in the 

initial letter requesting expedited 

treatment. When the OCC grants a 

request for expedited processing, the 

OCC will process the records as soon as 

practicable. 

(v) If the OCC denies a request for 

expedited processing, the requester may 

appeal the denial in accordance with 

paragraph (d) of this section. If the 

requester submits an appeal on paper, 

both the envelope and the appeal itself 

must be clearly marked, ‘‘Appeal for 

Expedited Processing.’’ 

(vi) The OCC will expeditiously 

consider the appeal and notify the 

requestor of the determination. 

* * * * * 

(d) * * * 

(1) Procedure. A requester may appeal 

an adverse determination, including 

denials of requests for records, requests 

for expedited processing under 

paragraph (c)(5) of this section, and 

requests for fee waivers or reductions 

under § 4.17(b)(4). All appeals must be 

submitted in writing within 90 calendar 

days after the date of the initial 

determination. The appeal must include 

the circumstances and arguments 

supporting disclosure of the requested 

records. Appeals of initial 

determinations to deny expedited 

processing must also follow the 

procedure set forth in paragraph 

(c)(5)(v) of this section. 

(2) Appellate determination. The 

Comptroller or the Comptroller’s 

delegate determines whether to grant an 

appeal of a denial of: 

(i) A request for OCC records; 

(ii) A request for expedited 

processing; or 

(iii) A waiver or reduction of fees. 

* * * * * 

■ 3. Amend § 4.16 by: 

■ a. Revising and republishing 

paragraph (a)(1); 

■ b. Revising paragraph (b)(1)(i) and (ii); 

and 

■ c. Removing in paragraph (b)(2)(v), the 

phrase ‘‘, unless the OCC has substantial 

reason to believe that disclosure of the 

information would result in competitive 

harm’’. 

The revisions and republication read 

as follows: 

§ 4.16 Predisclosure notice for confidential 

commercial information. 

(a) Definitions. For purposes of this 

section, the following definitions apply: 

(1) Confidential commercial 

information means commercial or 

financial information obtained by the 

OCC from a submitter that may be 

protected from disclosure under 

Exemption 4 of FOIA, 5 U.S.C. 

552(b)(4). 

* * * * * 

(b) * * * 

(1) * * * 

(i) With respect to confidential 

commercial information submitted to 

the OCC or to the Federal Home Loan 

Bank Board, the predecessor of the OTS, 

prior to January 1, 1988, if the 

information is subject to a prior express 

commitment of confidentiality from the 

OCC or the Federal Home Loan Bank 

Board, the predecessor of the OTS; and 

(ii) With respect to confidential 

commercial information submitted to 

the OCC or to the OTS (or the Federal 

Home Loan Bank Board, its predecessor 

agency) on or after January 1, 1988, if: 

(A) The submitter in good faith 

designated the information as 

confidential commercial information; or 

(B) The OCC or the OTS (or the 

Federal Home Loan Bank Board, its 

predecessor agency) designated the class 

of information to which the requested 

information belongs as confidential 

commercial information. 

* * * * * 

■ 4. Amend § 4.17 by revising paragraph 

(b)(4) to read as follows: 

§ 4.17 FOIA request fees. 

* * * * * 

(b) * * * 

(4) Waiving or reducing a fee. (i) The 

OCC must waive or reduce a fee under 

this section whenever, in its opinion, 

disclosure of records is in the public 

interest because the disclosure: 

(A) Is likely to contribute significantly 

to public understanding of the 

operations or activities of the 

government; and 

(B) Is not primarily in the commercial 

interest of the requester. 

(ii) A requester may appeal the OCC’s 

determination not to grant a request for 

a waiver or reduction of fees under this 

paragraph pursuant to the procedure set 

forth in § 4.15(d) of this section. 

* * * * * 

Michael J. Hsu, 

Acting Comptroller of the Currency. 

[FR Doc. 2024–02990 Filed 2–21–24; 8:45 am] 

BILLING CODE 4810–33–P 

DEPARTMENT OF THE TREASURY 

Internal Revenue Service 

26 CFR Part 1 

[REG–132569–17] 

RIN 1545–BO40 

Definition of Energy Property and 

Rules Applicable to the Energy Credit; 

Correction 

AGENCY: Internal Revenue Service (IRS), 

Treasury. 

ACTION: Notice of proposed rulemaking; 

correction. 

SUMMARY: This document corrects a 

notice of proposed rulemaking (REG– 

132569–17) published in the Federal 

Register on November 22, 2023, 

containing proposed regulations that 

would amend the regulations relating to 

the energy credit for the taxable year in 

which eligible energy property is placed 

in service. 

DATES: The comment period for REG– 

132569–17 (88 FR 82188, November 22, 

2023) is reopened, and additional 

written or electronic comments must be 

received by March 25, 2024. 

ADDRESSES: Commenters are strongly 

encouraged to submit public comments 

electronically. Submit electronic 

submissions via the Federal 

eRulemaking Portal at https://

www.regulations.gov (indicate IRS and 

REG–132569–17). Once submitted to the 

Federal eRulemaking Portal, comments 

cannot be edited or withdrawn. The 

Department of the Treasury (Treasury 

Department) and the IRS will publish 

for public availability any comment 

submitted to its public docket. 

Send paper submissions to: 

CC:PA:LPD:PR (REG–132569–17), Room 

5203, Internal Revenue Service, P.O. 

Box 7604, Ben Franklin Station, 

Washington, DC 20044. 

FOR FURTHER INFORMATION CONTACT: 

Concerning the proposed regulations, 

Office of Associate Chief Counsel 

(Passthroughs & Special Industries) at 

(202) 317–6853 (not a toll-free number); 

concerning submissions of comments, 

Vivian Hayes, (202) 317–6901 (not tollfree number) or by email to 

publichearings@irs.gov (preferred). 

SUPPLEMENTARY INFORMATION: 

Background 

The notice of proposed rulemaking 

(REG–132569–17) that is the subject of 

this correction proposes regulations 

under section 48 of the Internal Revenue 

Code (Code) (Proposed Regulations) 

addressing the energy credit determined 

under section 48 for purposes of 


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