For purposes of this part:
(a) Affiliate has the meaning given it in 12 CFR 225.2(a).
(b) (1) Confidential supervisory
information means nonpublic information that is exempt from disclosure
pursuant to 5 U.S.C. 552(b)(8) and includes information that is or
was created or obtained in furtherance of the Board’s supervisory,
investigatory, or enforcement activities, including activities conducted
by a Federal Reserve Bank (Reserve Bank) under delegated authority,
relating to any supervised financial institution, and any information
derived from or related to such information. Examples of confidential
supervisory information include, without limitation, reports of examination,
inspection, and visitation; confidential operating and condition reports;
supervisory assessments; investigative requests for documents or other
information; and supervisory correspondence or other supervisory communications.
Additionally, any portion of a document in the possession of any person,
entity, agency or authority, including a supervised financial institution,
that contains or would reveal confidential supervisory information
is confidential supervisory information.
(2) Confidential supervisory information does not include:
(i) Documents prepared by or for a supervised financial institution
for its own business purposes that are in its own possession and that
do not include confidential supervisory information as defined in
paragraph (b)(1) of this section, even though copies of such documents
in the Board’s or Reserve Bank’s possession constitute confidential
supervisory information; or
(ii)
Final orders, amendments, or modifications of final orders, or other
actions or documents that are specifically required to be published
or made available to the public pursuant to 12 U.S.C. 1818(u), the
Community Reinvestment Act, or other applicable law.
8-192.1
(c) Nonpublic information means information that has not
been publicly disclosed by the Board and that is:
(1) Confidential supervisory information,
or
(2) Exempt from disclosure under
section 261.15(a).
8-192.2
(d) (1) Records of the Board or Board records means all recorded information, regardless
of form or characteristics, that is created or obtained by the Board
and is under the Board’s control. A record is created or obtained
by the Board if it is created or obtained by:
(i) Any Board member or any officer,
employee, or contractor of the Board in the conduct of the Board’s
official duties, or
(ii) Any
officer, director, employee, or contractor of any Reserve Bank and
either constitutes confidential supervisory information as defined
in paragraph (b)(1) of this section or is created or obtained in the
performance of Board functions delegated to the Reserve Bank pursuant
to 12 U.S.C. 248(k).
(2) Records of the Board do not include:
(i) Personal files or notes of Board
members, employees, or contractors; extra copies of documents and
library and museum materials kept solely for reference or exhibition
purposes; or unaltered publications otherwise available to the public
in Board publications, libraries, or established distribution systems;
(ii) Records located at Reserve
Banks other than those records identified in paragraph (d)(1) of this
section; or
(iii) Records that
belong to or are otherwise under the control of another entity or
agency despite the Board’s possession.
8-192.3
(e) (1) Search means a
reasonable search of such records of the Board as seem likely in the
particular circumstances to contain information of the kind requested.
(2) As part of the Board’s search
for responsive records, the Board is not obligated to conduct any
research, create any document, or modify an electronic program or
automated information system.
(f) Supervised financial
institution includes any institution that is supervised by the
Board, including a bank; a bank holding company, intermediate holding
company, or savings and loan holding company (including their non-depository
subsidiaries); an Edge Act or agreement corporation; a U.S. branch
or agency of a foreign bank; any company designated for Board supervision
by the Financial Stability Oversight Council; or any other entity
or service subject to examination by the Board.
(g) Working
day means any day except Saturday, Sunday, or a legal federal
holiday.
