Mr. Vern McKinley 12-06708-FOIAOctober 3, 2012Page 2In addition, we have determined to withhold nine pagesof records that may be responsive to your request, underExemptions 5 and 8, 5 U.S.C. § 552(b)(5) and (8), 17 CFR §200.80(b)(5) and (8). Under Exemption 5, these records areprotected by the deliberative process privilege mentionedabove. Exemption 8 protects from disclosure recordscontained in or related to examination, operating, orcondition reports prepared by, on behalf of, or for the useof an agency responsible for the regulation or supervisionof financial institutions.
Moreover, in our interim response letter of May 31,2012, we withheld a 2-page document asserting FOIAExemptions 4 and 5. Upon further review, we have determinedto invoke Exemptions 5 and 8 in withholding the 2-pagedocument. Under Exemption 5, these records are protected bythe deliberative process privilege mentioned above.Exemption 4 does not apply to the document.I am the deciding official with regard to this adversedetermination. You have the right to appeal our decision toour General Counsel under 5 U.S.C. § 552(a)(6), 17 CFR §200.80(d)(5) and (6). Your appeal must be in writing,clearly marked "Freedom of Information Act Appeal," andshould identify the requested records.Send your appeal to the Office of FOIA Services of theSecurities and Exchange SEC located at Station Place, 100 FStreet NE, Mail Stop 2736, Washington, D.C. 20549, or deliverit to Room 1120 at that address. Also, send a copy to theSEC Office of the General Counsel, Mail Stop 9612, ordeliver it to Room 1120 at the Station Place address.If you have any questions, please contact Alysia Morrowof my staff firstname.lastname@example.org (202) 551-8376. You mayalso contact me email@example.com (202) 551-7900.Sincerely,Jeffery OvallFOIA Branch ChiefEnclosure