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© Office of the Comptroller of the Currency Washington, DC 20219 November 7,2018 Mr. Matthew Russell Lee Ianer City Press FO Box 20047 ‘New York, NY 10017 ‘Subject: Freedom of Information Act (“FOIA”) Appeal No. 2019-09001 Dear Mr. Lee: {1am writing to respond to your October 16, 2018 appeal under the FOIA, 5 U.S.C. § $52 (as amended), which was received atthe OCC on October 17, 2018. In your appeal, you seek expedited processing of your pending request for records concerning the applicability of the Community Reinvestment Act to ~or exemption therefrom ~ any afilite of E-Trade or Bank cf America Califomia NA for the time period of October 11, 2016 to October 11, 2018 since your request did not meet the criteria provided in 5 U.S.C. § $52(a)(6\E) and 31 CFR 1.5(@). These provisions require you to demonstrate a “compelling need” fer expedited rocessing. With regard to a requestor primarily engaged in disseminating information, you ‘must demonstrate that there exists an “urgency to inform the public concerning actual or alleged Federal Government activity.” 5 U.S.C. § 552(a\6KEMvMID). The Court of Appeals. forthe DC Circuit requires the OCC to consider several factors to determine if you have satisfied the “urgency to inform” standard. 4I-Fayed v. CIA, 254 F 3d 300,310 (D.C. Cir 2001), The factors include whether your request concems a “matter of current exigency to the ‘American public,” whether a delay inthe OCC’s response would “compromise a significant recognized interest,” whether the request concerns “federal government activity,” and the credibility of your “allegations regarding governmental activity.” Jd. You “must edoquatly explain the mater or activity and why the records sought are necessary tobe provided onan expoited basis." 31 CFR 1 5(e)2Xi). Neither your intial request nor Your appeal did tis. In addition to not being provided s sworn statement, whichis required ty both the FOIA and 31 CFR 15(), your initial request for expedited proesing simply sete that the deadline forthe Advance Notice of Proposed Rulemaking (ANPR) related othe Community Reinvestment Act (CRA) is November 19, 2018. You did not adequately explain wy the requested records must be provided onan expedited bass, Tam als aare that he “ANPR was published on August 28, yet you didnot submit your request fr records until October 11 Likewise in your appeal you provide two bre sentences anda lint an alin article about a 2015 merger between OneWest Bank and CIT Bank. You donot ‘emonstrate how your request concerns a mater of cue exigency tothe Ameriean publi or hhow a delay inthe OCC's response o your request would compromise a significant recognized interest, Having reviewed tis matter upon your appeal, I have determined that you have still ‘not demonstated a compelling need for expedited processing and your appeal i denied. ‘The 2007 FOIA amendments created the Office of Government Information Services (OGIS) to offer mediation services to resolve disputes between FOIA requesters and Federal agencies ‘as anom-exclisive altemative to litigation. Using OGIS services doesnot affect your right to pursue litigation. You may contact OGIS in any ofthe following ways: Office of Government Information Services ‘National Archives and Records Administration ‘8601 Adelphi Road - OGIS College Park, MD 20740-6001 E-mail ‘Tollfte: 1-877-684-5448, ‘This response constitutes final agency action on your request and appeal. You may seek judicial review ofthis action in the district cour of the United States in the district in which ‘you reside, the district in which your maintain your principal place of business, the district in ‘which you believe withheld records may be situated, or inthe Distit of Columbia. See SUS. § 552(a)4)(B). Sincerel awe Charles M. Stele Deputy Chief Counsel Office ofthe Comptroller of the Currency