Proposed Rule2025-20749

Freedom of Information Act

Primary source

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Published
November 24, 2025

Issuing agencies

Defense Nuclear Facilities Safety Board

Abstract

This proposed rule amends the Defense Nuclear Facilities Board's (the Board or DNFSB) Freedom of Information Act (FOIA) regulations to incorporate certain changes made by the OPEN Government Act of 2007 and the FOIA Improvement Act of 2016. This proposed rule also amends certain provisions to reflect developments in case law and changes in position titles to align with changes made by the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 to the Atomic Energy Act of 1954 (AEA) and an agency reorganization. The proposed rule is amending a section to permit submission of FOIA requests by electronic mail to the Board or the government-wide portal. This proposed rule also adds multitrack processing which allows the Board to quickly process simple requests. Finally, the proposed rule defines what information should be included in a denial letter.

Full Text

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<title>Federal Register, Volume 90 Issue 224 (Monday, November 24, 2025)</title>
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[Federal Register Volume 90, Number 224 (Monday, November 24, 2025)]
[Proposed Rules]
[Pages 52893-52897]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-20749]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 90, No. 224 / Monday, November 24, 2025 / 
Proposed Rules

[[Page 52893]]



DEFENSE NUCLEAR FACILITIES SAFETY BOARD

10 CFR Part 1703

[Docket No. DNFSB-2025-01]
RIN 3155-AA04


Freedom of Information Act

AGENCY: Defense Nuclear Facilities Safety Board.

ACTION: Notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: This proposed rule amends the Defense Nuclear Facilities 
Board's (the Board or DNFSB) Freedom of Information Act (FOIA) 
regulations to incorporate certain changes made by the OPEN Government 
Act of 2007 and the FOIA Improvement Act of 2016. This proposed rule 
also amends certain provisions to reflect developments in case law and 
changes in position titles to align with changes made by the National 
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2022 to the 
Atomic Energy Act of 1954 (AEA) and an agency reorganization. The 
proposed rule is amending a section to permit submission of FOIA 
requests by electronic mail to the Board or the government-wide portal. 
This proposed rule also adds multitrack processing which allows the 
Board to quickly process simple requests. Finally, the proposed rule 
defines what information should be included in a denial letter.

DATES: Comments will be accepted until December 24, 2025.

ADDRESSES: You may submit comments at any time prior to the comment 
deadline by the following methods:
    Email: Send an email to <a href="/cdn-cgi/l/email-protection#492a2624242c273d092d272f3a2b672e263f"><span class="__cf_email__" data-cfemail="a7c4c8cacac2c9d3e7c3c9c1d4c589c0c8d1">[email&#160;protected]</span></a>. Please include ``FOIA 
Regulations Comments'' in the subject line of your email.
    Mail: Send hard copy comments to the Defense Nuclear Facilities 
Safety Board, Attn: Office of the General Counsel, 625 Indiana Avenue 
NW, Suite 700, Washington, DC 20004-2901.

FOR FURTHER INFORMATION CONTACT: Patricia A. Hargrave, Associate 
General Counsel, Defense Nuclear Facilities Safety Board, 625 Indiana 
Avenue NW, Suite 700, Washington, DC 20004-2901, (202) 694-7000.

SUPPLEMENTARY INFORMATION:

I. Background

    This proposed rule amends the Board's regulations under the Freedom 
of Information Act to incorporate changes made to the FOIA, 5 U.S.C. 
552, by the Open Government Act of 2007, Public Law, 110-175 and the 
FOIA Improvement Act of 2016, Public Law 114-185, 130 Stat. 538 (June 
30, 2016). The OPEN Government Act of 2007 states that agencies may not 
charge fees for searches or copies if they miss the statutory timeframe 
for responding to a FOIA request unless unusual or exceptional 
circumstances exist. The FOIA Improvement Act of 2016 provides that 
agencies must allow a minimum of 90 days for requesters to file an 
administrative appeal. The FOIA Improvement Act also requires that 
agencies notify requesters of the availability of dispute resolution 
services and the FOIA public liaison at various times throughout the 
FOIA process. Finally, the FOIA Improvement Act provided additional 
duties for the Chief FOIA Officer. This proposed rule updates the 
DNFSB's regulations in 10 CFR part 1703 to reflect those statutory 
changes.
    In addition, this proposed rule changes position titles to 
incorporate amendments to the AEA and to incorporate changes made after 
a reorganization. It also corrects a regulatory citation error that 
incorrectly referenced a reserved section. This proposed rule 
incorporates the new statutory restrictions on charging fees in certain 
circumstances.
    Finally, this proposed rule removes language overruled by the 
Supreme Court regarding exemption 4 and revises the definitions of 
``representative of the news media'' and ``educational institution'' to 
reflect developments in case law and to be consistent with definitions 
contained in the OPEN Government Act of 2007.
    This proposed rule defines processing order and provides for multi-
track processing and aggregating requests to provide for faster 
processing. Finally, this proposed rule defines what information should 
be included in denial letters as required by the FOIA and corrects a 
citation reference to align with the proposed new subsection added to 
1703.108.

III. Description of the Rule

Sec.  1703.102 Definitions; Words Denoting Number, Gender and Tense

    The section heading is revised to remove ``words denoting number, 
gender and tense.'' The definitions paragraph is revised to change word 
``Chairman'' to Chairperson. The DNFSB's enabling legislation was 
amended by the FY 2022 NDAA, and it changed the word ``Chairman'' to 
Chairperson. This proposed rule is also revised to state the Designated 
FOIA Officer serves as the Chief FOIA Officer and to state that the 
Chief Administrative Officer, not the General Manager, is the chief 
administrative officer. The General Manager position was abolished 
during an agency reorganization. The proposed rule adds the 
responsibilities of the Chief FOIA Officer contained in the FOIA 
Improvement Act of 2016. These responsibilities include offering 
training to employees and serving as the primary liaison to the Office 
of Government Information Services and the Office of Information Policy 
and as a member of the Chief FOIA Officer Council.

Sec.  1703.103 Requests for Agency Records Available Through the 
Electronic Reading Room

    Section 103(b)(7) is revised to correct a regulatory citation error 
by removing 1703.104 and replacing it with 1704.4.

Sec.  1703.105 Requests for Board Records Not Available Through the 
Public Reading Room (FOIA Request)

    Section 105(b)(2) only permits submission of FOIA requests by mail. 
The Board is amending this paragraph to permit submission of FOIA 
requests by electronic mail at <a href="/cdn-cgi/l/email-protection#aee8e1e7efeecac0c8ddcc80c9c1d8"><span class="__cf_email__" data-cfemail="fbbdb4b2babb9f959d8899d59c948d">[email&#160;protected]</span></a> and the government-wide 
<a href="http://FOIA.gov">FOIA.gov</a> portal.

Sec.  1703.107 Fees for Record Requests

    Section 107(b)(1) is also revised to conform to recent D.C. Circuit 
Court of Appeals decisions addressing two FOIA fee categories: 
representative of the news media and educational institution. Cause of 
Action v. FTC, 799 F.3d 1108 (D.C. Cir. 2015) and Sack v. DOD, 823 F.3d 
687 (D.C. Cir. 2016). The rule is also revised to conform with the

[[Page 52894]]

definition of representative of news media under the OPEN Government 
Act of 2007. The Board's existing regulations define a representative 
of the news media as ``any person actively gathering news for an entity 
that is organized and operated to publish or broadcast to news to the 
public.'' In Cause of Action, the Court held that a representative of 
the news media need not work for an entity that is ``organized and 
operated'' to publish or broadcast news. Therefore, the definition of 
``representative of the news media'' is revised to remove the 
``organized and operated'' requirement and to adopt the definition 
contained in the OPEN Government Act of 2007. The definition of a 
representative of the news media is expanded to include gathering 
information, using editorial skills to turn raw materials into a 
distinct work, and distributing the work to an audience. The definition 
of ``educational institution'' is revised to reflect the holding, in 
Sack, 823 F.3d at 688, that students who make FOIA requests in 
furtherance of their coursework or other school-sponsored activities 
may qualify under this requester category.
    Section (b)(2)(iv) is revised to conform with the OPEN Government 
Act. It is revised to state that the Board will not assess search fees 
or duplication fees from educational and noncommercial scientific 
institution if it has failed to meet the regulatory deadline.
    Sections (b)(2)(ix) and (x) are added to state that Board may 
charge search fees or may charge duplication fees for requesters with 
preferred fee status if unusual circumstances apply and more than 5000 
pages are necessary to respond to the request provided it has given 
notice of the unusual circumstances and how to limit the request. 
Similarly, if a court determines that ``exceptional circumstances'' 
exist, the Board's failure to comply with a time limit will be excused 
by the court order.

Sec.  1703.108 Processing of FOIA Requests

    Sections (c), (d), and (e) are added to include that requests will 
be processed in order of receipt. There will be a specific track for 
expedited requests and a different process track for simple and more 
complex requests based upon amount time and work needed to process the 
request. The proposed rule also provides for aggregating multiple 
requests for purposes of satisfying unusual circumstances when there 
are multiple requests by one requester or a group of requests acting in 
concert constitute a single request that would otherwise constitute 
unusual circumstances.
    Other sections are renumbered, and section (g) adds a sentence that 
alerts the requester to the availability of Office of Government 
Information Services (OGIS) to provide dispute resolution services.
    Section (i) is added and provides the information to be included in 
the denial of a request. It includes the identity of the person denying 
the request, the reason for denial and exemption used, number of pages 
being withheld, appeal procedures and the availability dispute 
resolution services from OGIS and assistance from the FOIA public 
liaison.

Sec.  1703.109 Procedure for Appeal of Denial of Requests for Board 
Records and Denial of Requests for Fee Waiver or Reduction

    Section (a)(1) is revised by removing 30 days to appeal a fee 
waiver denial and replacing it with 90 days as required by the FOIA 
Improvement Act. Section (b) is revised by removing the reference to 
Sec.  1703.108(c) and replacing it with 1703.108(f). The proposed 
revisions to Sec.  1703.108 redesignated paragraphs (c) through (f).

Sec.  1703.111 Requests for Privileged Treatment of Documents Submitted 
to the Board

    This proposed rule changes the title of this section to 
``Privileged or confidential information'' and removes the title of 
``Request for privileged treatment of documents submitted to the 
board.'' This new title is consistent with the statutory language of 
exemption 4 of the FOIA under 5 U.S.C. 552(b)(4), which exempts from 
release trade secrets, and commercial or financial information obtained 
from a person that is privileged or confidential. When determining 
whether exemption 4 of the FOIA can be applied, the current regulation 
required the Board to determine substantial harm to a competitive 
position of the owner of the information. The Supreme Court, in Food 
Marketing Institute v. Argus Leader Media, 139 S.Ct. 2356 (2019), 
overturned the current regulatory language. The proposed rule removes 
the language to make it consistent with the Supreme Court's decision. 
The proposed rule also adds the word ``confidential'' to each relevant 
paragraph.

III. Regulatory Analysis

Regulatory Flexibility Act

    Under the Regulatory Flexibility Act (RFA), 5 U.S.C. 601-612, 
agencies must consider the impact of their rulemakings on ``small 
entities'' (small businesses, small organizations, and local 
governments) when publishing regulations subject to the notice and 
comment requirements of the Administrative Procedure Act. An agency 
must prepare an Initial Regulatory Flexibility Analysis (IRFA) unless 
it determines and certifies that the rule, if promulgated, would not 
have a significant economic impact on a substantial number of small 
entities. 5 U.S.C. 605(b). The FOIA authorizes Federal agencies to 
charge fees only to certain requesters, and only to recover the direct 
costs of searching for, reviewing, and duplicating agency records. 
Under this proposed rule, the Board will continue to charge fees in 
accordance with the FOIA and guidelines from DOJ and OMB. The fees that 
the Board assesses for processing FOIA requests are nominal and will 
not have a significant impact on a substantial number of small entities 
within the meaning of the RFA. Accordingly, the Board certifies that 
the rule will not have a significant economic impact on a substantial 
number of small entities.

Unfunded Mandates Reform Act

    Section 201 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 
104-4, 2 U.S.C. 1531), requires Federal agencies to assess the effects 
of their regulatory actions on State, Tribal, and local governments, 
and the private sector to the extent that such regulations incorporate 
requirements specifically set forth in law. Before promulgating a rule 
that may result in the expenditure by a State, Tribal, or local 
government, in the aggregate, or by the private sector of $100 million, 
adjusted annually for inflation, in any 1 year, an agency must prepare 
a written statement that assesses the effects on State, Tribal, and 
local governments and the private sector. 2 U.S.C. 1532. This proposed 
rule will apply only to requesters under the FOIA and will not result 
in expenditures of $100 million or more for State, Tribal, and local 
governments, in the aggregate, or the private sector in any 1 year. 
This proposed rule also will not impose any enforceable duty, contain 
any unfunded mandate, or otherwise have any effect on small governments 
subject to the requirements of 2 U.S.C. 1531-1538.

Executive Orders (E.O.) 12866, 13563 and 14219

    E.O. 12866, ``Regulation Planning and Review,'' as supplemented and 
affirmed by, Executive Order 13563, ``Improving Regulation and 
Regulatory Review,'' provides that the Office of Information and 
Regulatory Affairs will review any

[[Page 52895]]

regulatory action that qualifies as a ``significant regulatory action'' 
within the meaning of the E.O. This proposed rule has been reviewed in 
compliance with Executive Order 14219, ``Ensuring Lawful Governance and 
Implementing the President's `Department of Government Efficiency' 
Deregulatory Initiative.'' This proposed rule does not qualify as a 
significant regulatory action.

Executive Order 12988, Civil Justice Reform

    Under section 3(a) of E.O. 12988, agencies must review their 
proposed regulations to eliminate drafting errors and ambiguities, 
draft them to minimize litigation, and provide a clear legal standard 
for affected conduct. Section 3(b) provides a list of specific matters 
that agencies must consider when conducting the review required by 
section 3(a). The Board has conducted this review and determined that 
this proposed rule complies with the requirements of E.O. 12988.

Paperwork Reduction Act

    This proposed rule contains no new reporting or recordkeeping 
requirements under the Paperwork Reduction Act (PRA) of 1995, 44 U.S.C. 
3501 et seq. This update to the Board's FOIA regulations does not 
require or request information from members of the public. Therefore, 
this rulemaking is not covered by the restrictions of the PRA.

Congressional Review Act

    This proposed rule will not result in and is not likely to result 
in (A) an annual effect on the economy of $100,000,000 or more; (B) a 
major increase in costs or prices for consumers, individual industries, 
Federal, State, or local government agencies, or geographic regions; or 
(C) significant adverse effects on competition, employment, investment, 
productivity, innovation, or on the ability of United States-based 
enterprises to compete with foreign-based enterprises in domestic and 
export markets. Therefore, this rule is not expected to be considered a 
``major rule'' as defined in 5 U.S.C. 804(2) of the Congressional 
Review Act.

List of Subjects in 10 CFR Part 1703

    Freedom of information.

    For the reasons described in the preamble, the Board proposes to 
amend 10 CFR part 1703 as follows:

PART 1703--PUBLIC INFORMATION AND REQUESTS

0
1. The authority for part 1703 continues to read as follows:

    Authority:  5 U.S.C. 301, 552; 31 U.S.C. 9701; 42 U.S.C. 2286b.

0
2. In Sec.  1703.102, revise the section heading and section (5) to 
read as follows:


1703.102  Definitions.

* * * * *
    (5) * * *
    Chairperson means the Chairperson of the Board.
    Designated FOIA Officer serves as the Chief FOIA Officer and is the 
person designated by the Board's to administer the Board's activities 
pursuant to the regulations in this part. The Designated FOIA Officer 
shall also be the Board officer having custody or responsibility for 
agency records in the possession of the Board and shall be the Board 
officer responsible for authorizing or denying production of records 
upon requests filed pursuant to Sec.  1703.105.
* * * * *
    Chief Administrative Officer means the chief administrative officer 
of the Board.
* * * * *
0
3. In Sec.  1703.103, revise paragraph (b)(7) to read as follows:


1703.103  Requests for agency records available through the electronic 
reading room.

* * * * *
    (b) * * *
    (7) Board correspondence, except that which is exempt from 
mandatory public disclosure under Sec.  1704.4.
0
4. In Sec.  1703.105, revise paragraph (b)(2) to read as follows:
    (b) * * *
    (2) The request should be addressed to the Designated FOIA Officer 
and clearly marked ``Freedom of Information Act Request.'' The address 
for such requests is: Designated FOIA Officer, Defense Nuclear 
Facilities Safety Board, 625 Indiana Avenue NW, Suite 700, Washington, 
DC 20004, by email at <a href="/cdn-cgi/l/email-protection#4b0d04020a0b2f252d3829652c243d"><span class="__cf_email__" data-cfemail="bbfdf4f2fafbdfd5ddc8d995dcd4cd">[email&#160;protected]</span></a>, or the government-wide <a href="http://FOIA.gov">FOIA.gov</a> 
portal.* * *
* * * * *
0
5. In Sec.  1703.107, revise the definitions in paragraphs (b)(1); 
revise paragraph (b)(2)(iv); and add subsections (ix) and (x) to 
paragraph (b)(2) to read as follows:


1703.107  Fees for record requests

* * * * *
    (b) * * *
    (1) * * *
    Educational institution refers to any school that operates a 
program of scholarly research. It includes students who make a request 
in furtherance of their coursework or other school-sponsored activity.
* * * * *
    Representative of the news media refers to any person or entity 
that gathers information of potential interest to a segment of the 
public, uses its editorial skills to turn raw materials into a distinct 
work, and distributes that work to an audience. * * *
* * * * *
    (2) * * *
    (iv) The Board will not assess any search fees if has failed to 
meet its deadlines in 1703.108 or duplication fees from requesters 
described in paragraphs (ii) of this section.
* * * * *
    (ix) If the Board has determined that unusual circumstances as 
defined by the FOIA apply, and more than 5,000 pages are necessary to 
respond to the request, the Board may charge search fees, or, in the 
case of requesters described in paragraph (b)(2)(ii) of this section, 
may charge duplication fees if the following steps are taken. The Board 
must have provided timely written notice of unusual circumstances to 
the requester in accordance with the FOIA and must have discussed with 
the requester via written mail, email, or telephone (or made not less 
than three good-faith attempts to do so) how the requester could 
effectively limit the scope of the request in accordance with 5 U.S.C. 
552(a)(6)(B)(ii). If this exception is satisfied, the Board may charge 
all applicable fees incurred in the processing of the request.
    (x) If a court has determined that exceptional circumstances exist 
as defined by the FOIA, a failure to comply with the time limits shall 
be excused for the length of time provided by the court order.
* * * * *
0
6. In Sec.  1703.108, redesignate paragraphs (c) through (e); add new 
paragraphs (c) through (e) and (i); and revise the redesignated 
paragraph (g) to read as follows:

------------------------------------------------------------------------
                     Old section                          New section
------------------------------------------------------------------------
1703.108(c)..........................................        1703.108(f)
1703.108(d)..........................................        1703.108(g)
1703.108(e)..........................................        1703.108(h)
------------------------------------------------------------------------

* * * * *
    (c) The Board ordinarily will respond to requests according to 
their order of receipt. In instances involving misdirected requests, 
the response time will commence on the date that the request is first 
received by any Board office.
    (d) Multitrack processing. The Board will designate a specific 
track for requests that are granted expedited processing, in accordance 
with the standards set forth in 1703.105(e). The

[[Page 52896]]

Board may also designate additional processing tracks that distinguish 
between simple and more complex requests based on the estimated amount 
of work or time needed to process the request. Among the factors the 
Board may consider are the number of pages involved in processing the 
request and the need for consultations or referrals. The Board shall 
advise requesters of the track into which their request falls and, when 
appropriate, shall offer the requesters an opportunity to narrow their 
request so that it can be placed in a different processing track.
    (e) Aggregating requests. For the purposes of satisfying unusual 
circumstances under the FOIA, the Board may aggregate requests in cases 
where it reasonably appears that multiple requests, submitted either by 
a requester or by a group of requesters acting in concert, constitute a 
single request that would otherwise involve unusual circumstances. The 
Board shall not aggregate multiple requests that involve unrelated 
matters.
* * * * *
    (g) If no determination has been made at the end of the ten day 
period, or the last extension thereof, the requester may deem his 
administrative remedies to have been exhausted, giving rise to a right 
of review in a district court of the United States as specified in 5 
U.S.C. 552(a)(4). When no determination can be made within the 
applicable time limit, the Board will nevertheless continue to process 
the request. If the Board is unable to provide a response within the 
statutory period, the Designated FOIA Officer shall inform the 
requester of the reason for the delay; the date on which a 
determination may be expected to be made; and that the requester can 
seek remedy through the courts but shall ask the requester to forgo 
such action until a determination is made. The Board must also alert 
requesters to the availability of the Office of Government Information 
Services to provide dispute resolution services.
* * * * *
    (i) Denial of a request. The denial of a request shall be signed by 
the Designated FOIA Officer and shall include:
    (1) The name and title or position of the person responsible for 
denial;
    (2) A brief statement of reasons for the denial, including any FOIA 
exemption applied by the Board in denying the request;
    (3) An estimate of the volume of any records or information 
withheld, such as the number of pages or some other reasonable form of 
estimation, although such an estimate is not required if the volume is 
otherwise indicated by deletions marked on records that are disclosed 
in part or if providing an estimate would harm an interest protected by 
an applicable exemption;
    (4) A statement that the denial may be appealed and a description 
of the requirements under Sec.  1703.109; and
    (5) A statement notifying the requester of the assistance available 
from the FOIA Public Liaison, and the dispute resolution services 
offered by the Office of Government Information Services.
0
7. In Sec.  1703.109, revise paragraph (a)(1) by removing 30 and 
replacing it with 90 and revise paragraph (b) by removing Sec.  
1703.108(c) and replacing it with Sec.  1703.108(f) to read as follows:
    (a) * * *
    (1) * * *A person denied a fee waiver or reduction may appeal that 
determination to the General Counsel within 90 days.* * *
* * * * *
    (b) In unusual circumstances, as defined in Sec.  1703.108(f), the 
time limits prescribed for deciding an appeal pursuant to this section 
may be extended by up to ten working days, by the General Counsel, who 
will send written notice to the requester setting forth the reasons for 
such extension and the expected determination date.
0
8. In Sec.  1703.111, revise the section heading and paragraphs 
(b)((1)-(4); (c)(1) and (2); and (d); remove the current paragraph (e); 
redesignate paragraph (f) to paragraph (e); redesignate paragraph (g) 
to paragraph (f); and revise the redesignated paragraphs (e) and (f) to 
read as follows:


Sec.  1703.111  Privileged or confidential information

* * * * *
    (b) Procedures. A person claiming that information is privileged or 
confidential under paragraph (a) of this section must file:
    (1) An application, accompanied by an affidavit, requesting 
privileged or confidential treatment for some or all of the information 
in a document, and stating the justification for nondisclosure of the 
information;
    (2) The original document, boldly indicating on the front page 
``Contains Privileged or Confidential Information--Do Not Release'' and 
identifying within the document the information for which the 
privileged or confidential treatment is sought;
    (3) Three copies of the redacted document (i.e., without the 
information for which privileged or confidential treatment is sought) 
and with a statement indicating that information has been removed for 
privileged or confidential treatment; and
    (4) The name, title, address, telephone number, and email address 
of the person or persons to be contacted regarding the request for 
privileged or confidential treatment of documents submitted to the 
Board.
    (c) * * *
    (1) The Designated FOIA Officer shall place documents for which 
privileged or confidential treatment is sought in accordance with 
paragraph (b) of this section in a nonpublic file, while the request 
for privileged or confidential treatment is pending. By placing 
documents in a nonpublic file, the Board is not making a determination 
on any claim for privilege or confidentiality. The Board retains the 
right to make determinations with regard to any claim of privilege or 
confidentiality, and the discretion to release information as necessary 
to carry out its responsibilities.
    (2) The Designated FOIA Officer shall place the request for 
privileged or confidential treatment described in paragraph (b)(1) of 
this section and a copy of the redacted document described in paragraph 
(b)(3) of this section in a public file while the request for 
privileged treatment is pending.
    (d) Notification of request and opportunity to comment. When a FOIA 
requester seeks a document for which privilege or confidentiality is 
claimed, the Designated FOIA Officer shall so notify the person who 
submitted the document and give that person an opportunity (at least 
five days) in which to comment in writing on the request. A copy of 
this notice shall be sent to the FOIA requester.
    (e) Notification before release. Notice of a decision by the 
Designated FOIA Officer to deny a claim of privilege or 
confidentiality, in whole or in part, shall be given to any person 
claiming that information is privileged or confidential no less than 
five days before public disclosure. The decision shall be made only 
after consultation with the General Counsel's Office. The notice shall 
briefly explain why the person's objections to disclosure were not 
sustained. A copy of this notice shall be sent to the FOIA requester.
    (f) Notification of suit in Federal courts. When a FOIA requester 
brings suit to compel disclosure of privileged or confidential 
information, the Board shall notify the person who submitted documents 
containing such confidential information of the suit.


[[Page 52897]]


    Dated: November 20, 2025.
Mary Buhler,
Executive Director of Operations.
[FR Doc. 2025-20749 Filed 11-21-25; 8:45 am]
BILLING CODE 3670-01-P


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