Full text of District Notices (Federal Reserve Bank of Dallas) : Amendments to Rules Regarding Availability of Information, Circular No. 75-45

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F ederal Reserve b a n k o f Dallas

DALLAS, TEXAS

75222

C i r c u l a r No. 75-45
Mar ch 31, 1975

AMENDMENTS TO
RULES REGARDING AVAILABILITY OF INFORMATION

TO ALL MEMBER BANKS AND
OTHERS CONCERNED IN THE
ELEVENTH FEDERAL RESERVE DISTRICT:

Attached is a slip sh eet for in sertio n in the b in d e r of Rules
and Regulations of the Board of G o v e rn o rs of the Federal R e s e rv e System
and the O perating Bulletins of this Bank, making sev e ra l re v is io n s in the
Board of G o v e rn o rs ' Rules R eg a rd in g Availability of Information (12 CFR
261) , as am ended effective J u ly 4, 1967. T he p u r p o s e of these r e v is io n s ,
which became effective F e b r u a r y 19, 1975, is to implement the 1974 a m end­
ments to the Freedom of Information Act.
Sincerely y o u r s ,

E rn e s t T . Baughman
President

Attachment

This publication was digitized and made available by the Federal Reserve Bank of Dallas' Historical Library (FedHistory@dal.frb.org)

BOARD OF GOVERNORS OF THE FEDERAL RESERVE SYSTEM

RULES REGARDING AVAILABILITY OF INFORMATION!
(12 CFR 261)
the Board p ursuant to authority delegated under
P art 265 of this chapter, as well as other m atters
issued, adopted, o r prom ulgated by the Board; and
S E C T IO N 261.3— P U B L IS H E D
(3 ) a statem ent showing changes in the banking
IN F O R M A T IO N
structure resulting from m ergers and the establish­
* * * * *
m ent of branches. F rom tim e to time, the Board
(b )
Annual Report. T he B oard’s A nnual R eport issues statements to the press regarding particular
m onetary and credit actions, regulatory actions,
to Congress pursuant to section 10 of the Federal
actions w ith respect to certain types of applica­
Reserve A ct (12 U.S.C. 2 4 7 ), w hich is m ade p ub ­
tions, and other m atters. In addition, it issues
lic imm ediately after its submission to Congress,
various publications, the m ore im portant of which
contains a full account of the B oard’s operations
are listed in the m onthly Federal Reserve Bulletin.
during the year, an econom ic review of the year,
A m ong such publications is a loose-leaf com pila­
and legislative recom m endations to Congress. As
tion of Interpretations o f the Board o f Governors
required by law, the A nnual R eport includes
o f the Federal System.
(1 ) a com plete record of the policy actions taken
by the Board and the F ederal O pen M arket Com ­
mittee, showing the votes taken thereon and the
(f)
Index o f Board Action. T here is available
reasons underlying such actions (12 U.S.C. 2 4 7 a ) ;
to the public upon request to the Secretary of the
(2 ) m aterial pertaining to the adm inistration of
Board, at a charge not to exceed the direct cost of
the B oard’s functions und er the B ank Holding
duplication, copies of an index providing identify­
Com pany A ct of 1956 (12 U.S.C. 184 4); and
ing inform ation as to any m atter issued, adopted
(3 ) m aterial pertaining to bank m ergers approved
or prom ulgated by the Board between July 4, 1967
by the Board under section 18(c) of the F ederal
and F ebruary 19, 1975. F urtherm ore, the Board
D eposit Insurance A ct (12 U.S.C. 1 8 2 8 (c )).
publishes and distributes to the public, at a cost
P ursuant to section 114 of the T ruth in Lending
not to exceed the direct cost of duplication, a
A ct (15 U.S.C. 1613) the Board reports annually
weekly index providing identifying inform ation as
to the Congress concerning the adm inistration of
to any m atter issued, adopted or prom ulgated by
its functions under the A ct, and includes such
the Board after February 19, 1975.
recom m endations as it deems necessary o r app n>
S EC T IO N 261.4— R E C O R D S A V A IL A B L E TO
priate, and its assessment of the extent to which
T H E P U B L IC U P O N R E Q U E ST
com pliance is being achieved. A n annual repo rt is
also subm itted pursuant to the F reedom of In fo r­
* * * * *
m ation A ct (5 U.S.C. 552) with regard to requests
(d )
Obtaining access to records. Records of the
fo r inform ation under that Act.
Board subject to this section are available for in­
* * * ^ *
spection and copying during regular business hours
(d) Other published information. As required
at the offices of the Board of G overnors of the
by section 11 (a) of the F ederal Reserve A ct (12
Federal Reserve System, F ederal Reserve Building,
U.S.C. 2 4 8 ( a ) ) , the B oard issues weekly (1) a
20th Street and Constitution Avenue, N W , W ash­
statem ent of the condition of the Federal Reserve
ington, D .C . 20551, or, in the case of records con­
Banks; (2 ) a statem ent listing certain applications
taining inform ation required to be disclosed under
received by o r on behalf of the Board and actions
section 12 of the Securities Exchange A ct o f 1934,
on such applications by the Board, or on behalf of
as am ended (15 U.S.C. 7 8 ), at the offices of the
Effective F ebruary 19, 1975, sections 261.3,
261.4, and 261.6 are am ended to read as follows:

t For the Rules Regarding Availability of Information, as amended effective February 19, 1975, to be com­
plete, retain
1) Printed pamphlet containing Rules Regarding Availability of Information, as amended effective July 4,
1967; and
2) This slip sheet.

Federal D eposit Insurance C orporation o r at any
Federal Reserve Bank. Every request for access to
records of the Board, other than those containing
inform ation required un der section 12 of the Secu­
rities Exchange A ct, shall be subm itted in writing
to the Secretary of the Board, shall state the nam e
and address o f the person requesting access to such
records, shall clearly indicate w hether such request
is an initial request o r an appeal from a denial of
inform ation requested pursu an t to the Freedom of
Inform ation Act, and shall describe such records
in a m an n er reasonably sufficient to perm it their
identification w ithout undue difficulty. T he Secre­
tary of the Board (or, in his absence, an Assistant
Secretary designated by the Secretary) shall deter­
m ine w ithin ten w orking days after receipt of a
request fo r access to records of the Board w hether
to com ply with such request; and he shall im m e­
diately notify the requesting party of his decision,
of the reasons therefor, and of the right o f the
requesting party to appeal to the B oard any refusal
to make available the requested records of the
Board.
(c) Appeal of denial of access to records o f the
Board. A ny person who is denied access to records
of the Board, properly requested in accordance
with paragraph (d ) of this section, m ay file, with
the Secretary of the Board, w ithin ten days of
notification of such denial, a w ritten request for
review of such denial. The Board o r such m em ber
or m em bers as the Board m ay designate, shall
m ake a determ ination w ith respect to any such
appeal w ithin 20 working days of its receipt, shall
im m ediately notify the appealing party of the deci­
sion on th e appeal and of the right to seek court
review of any decision which upholds, in w hole or
in part, the refusal of the Secretary of the Board
to m ake available the requested records; and such
determ ination shall not be subject to the procedure
prescribed in section 265.3 of this chapter with
respect to review of actions taken p ursu an t to
authority delegated by the Board.
(f) Extension o f time requirements in unusual
circumstances. In unusual circumstances as pro­
vided in 5 U.S.C. section 5 5 2 (a) (6 ) ( b ) , the time
lim itations imposed upon the Secretary of the
Board or the Board in paragraphs (d ) and (e) of
this section m ay be extended by w ritten notice to
the requesting party fo r a period of tim e not to
exceed a total of ten w orking days.
(g) Fee schedule. A person requesting access to
or copies of particular records shall pay the costs
of searching for and copying such records at the

rate of $10 p er ho ur fo r searching and 10 cents per
standard page fo r copying. W ith respect to info r­
m ation obtainable only by processing through a
com puter or other inform ation systems program , a
person requesting such inform ation shall pay a fee
not to exceed the direct and reasonable cost of
retrieval and production of the inform ation re­
quested. D etailed schedules of such charges are
available upon request from the Secretary of the
Board. D ocum ents may be furnished w ithout
charge or at a reduced charge w here the Secretary
of the Board or such person as he m ay designate
determines that w aiver or reduction of the fee is in
the public interest because furnishing the inform a­
tion can be considered as prim arily benefiting the
general public or w here total charges are less than
$2.

S E C T IO N 261.6— E X E M PT IO N S F R O M
D ISC L O SU R E
*

*

*

*

*

(a) General rule. ***
(1) is exem pted from disclosure by statute or
is specifically authorized und er criteria estab­
lished by an executive order to be kept secret
in the interest of national defense o r foreign
policy and is in fact classified pu rsuant to
such executive order.
* * * * *
(4 ) is contained in investigatory files com ­
piled fo r law enforcem ent purposes (b u t only
to the extent provided in the F reedom of In ­
form ation A ct (5 U.S.C. section 5 5 2 (b ) ( 7 ) ) ,
including inform ation relating to proceed­
ings for (i) the issuance of a cease-and-desist
order, o r order of suspension o r removal,
under the Financial Institutions Supervisory
A ct of 1966; (ii) the term ination of m em ber­
ship of a State bank in the F ederal Reserve
System p ursuant to section 9 of the F ederal
Reserve A ct (1 2 U.S.C. 3 2 7 ); (iii) the sus­
pension of a b ank from use of the credit
facilities of the F ederal Reserve System p u r­
suant to section 4 of the F ederal Reserve A ct
(12 U.S.C. 3 0 1 ); and (iv) th e granting or
revocation of any approval, permission, or
authority, except to the extent provided in
this P art and except as provided in P a rt 262
of this chapter concerning b ank holding com ­
pany and bank m erger applications;
* * * * *
Subsection (d) of section 261.6 is deleted.