Rule2026-04166
Freedom of Information Act
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 3, 2026
Effective
April 2, 2026
Issuing agencies
Defense Nuclear Facilities Safety Board
Abstract
The Defense Nuclear Facilities Board's (the Board or DNFSB) published a proposed rule to amend its Freedom of Information Act (FOIA) regulations on November 24, 2025, with a request for comments. The Board did not receive any public comments, and the proposed rule is adopted in this action as a final rule without change. This final rule incorporates certain changes made by the OPEN Government Act of 2007 and the FOIA Improvement Act of 2016. This final 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 final rule amends a section to permit submission of FOIA requests by electronic mail to the Board or via the government-wide portal. This final rule also adds multitrack processing, which allows the Board to quickly process simple requests. Finally, the final rule defines what information should be included in a denial letter.
Full Text
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<title>Federal Register, Volume 91 Issue 41 (Tuesday, March 3, 2026)</title>
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[Federal Register Volume 91, Number 41 (Tuesday, March 3, 2026)]
[Rules and Regulations]
[Pages 10305-10309]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-04166]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 91, No. 41 / Tuesday, March 3, 2026 / Rules
and Regulations
[[Page 10305]]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Defense Nuclear Facilities Board's (the Board or DNFSB)
published a proposed rule to amend its Freedom of Information Act
(FOIA) regulations on November 24, 2025, with a request for comments.
The Board did not receive any public comments, and the proposed rule is
adopted in this action as a final rule without change. This final rule
incorporates certain changes made by the OPEN Government Act of 2007
and the FOIA Improvement Act of 2016. This final 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 final rule amends a
section to permit submission of FOIA requests by electronic mail to the
Board or via the government-wide portal. This final rule also adds
multitrack processing, which allows the Board to quickly process simple
requests. Finally, the final rule defines what information should be
included in a denial letter.
DATES: Effective date: April 2, 2026.
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 final 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 final rule updates the DNFSB's
regulations in 10 CFR part 1703 to reflect those statutory changes.
In addition, this final 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 final rule incorporates
the new statutory restrictions on charging fees in certain
circumstances.
Finally, this final 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 final rule defines processing order and provides for multi-
track processing and aggregating requests to provide for faster
processing. Finally, this final rule defines what information should be
included in denial letters as required by the FOIA and corrects a
citation reference to align with the new subsection added to Sec.
1703.108.
The proposed rule published at 90 FR 52893, on November 24, 2025.
II. Summary of Changes
Section 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 AEA was amended by the FY 2022 NDAA to
change the word ``Chairman'' to Chairperson. This final rule is also
revised to state that 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
final 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.
Section 1703.103 Requests for Agency Records Available Through the
Electronic Reading Room
Section 1703.103(b)(7) is revised to correct a regulatory citation
error by removing Sec. 1703.104 and replacing it with Sec. 1704.4.
Section 1703.105 Requests for Board Records Not Available Through the
Public Reading Room (FOIA Request)
Section 1703.105(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#8bcdc4c2cacbefe5edf8e9a5ece4fd"><span class="__cf_email__" data-cfemail="24626b6d6564404a4257460a434b52">[email protected]</span></a> and the government-wide
<a href="http://FOIA.gov">FOIA.gov</a> portal.
Section 1703.107 Fees for Record Requests
Section 1703.107(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 final rule also includes revisions to conform
with the definition of representative of news media under the OPEN
Government Act of 2007. The
[[Page 10306]]
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.
Paragraph (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.
Paragraphs (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 5,000
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.
Section 1703.108 Processing of FOIA Requests
Paragraphs (c), (d), (e), and (f) are redesignated as paragraphs
(f), (g), (h), and (i) and new paragraphs (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 final 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.
Newly redesignated paragraph (g) adds a sentence that alerts the
requester to the availability of Office of Government Information
Services (OGIS) to provide dispute resolution services.
Paragraph (j) 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.
The paragraph headings in the proposed rule for paragraphs (d),
(e), and (j) have been deleted in conformance with guidance from the
Office of the Federal Register. The remainder of these paragraphs
remain unchanged from the proposed rule.
Section 1703.109 Procedure for Appeal of Denial of Requests for Board
Records and Denial of Requests for Fee Waiver or Reduction
Paragraph (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. Paragraph (b) is revised by removing the reference to
Sec. 1703.108(c) and replacing it with Sec. 1703.108(f). The
revisions to Sec. 1703.108 redesignated paragraphs (c) through (f).
Section 1703.111 Requests for Privileged Treatment of Documents
Submitted to the Board
This final 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 final rule removes the language to make it
consistent with the Supreme Court's decision. The final rule also adds
the word ``confidential'' to each relevant paragraph.
III. Regulatory Compliance
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 rulemaking, 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
this rulemaking 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
rulemaking 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 rulemaking will also 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.
[[Page 10307]]
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 regulatory action that qualifies as
a ``significant regulatory action'' within the meaning of the E.O. This
rulemaking has been reviewed in compliance with Executive Order 14219,
``Ensuring Lawful Governance and Implementing the President's
`Department of Government Efficiency' Deregulatory Initiative.'' This
rulemaking 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
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 rulemaking
complies with the requirements of E.O. 12988.
Paperwork Reduction Act
This rulemaking 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 rulemaking 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. As such, the Office of Management and Budget has not
found it to be a major rule as defined in the Congressional Review Act.
List of Subjects in 10 CFR Part 1703
Freedom of information.
For the reasons described in the preamble, the Board amends 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:
0
a. Revise the section heading;
0
b. Remove the definition of ``Chairman'';
0
c. Add the definitions of ``Chairperson'' and ``Chief Administrative
Officer'' in alphabetical order;
0
d. Revise the definition of ``Designated FOIA Officer''; and
0
e. Remove the definition of ``General Manager''.
The revisions and additions read as follows:
Sec. 1703.102 Definitions.
* * * * *
Chairperson means the Chairperson of the Board.
Chief Administrative Officer means the chief administrative officer
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.
* * * * *
0
3. In Sec. 1703.103, revise paragraph (b)(7) to read as follows:
Sec. 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 10 CFR 1704.4.
* * * * *
0
4. In Sec. 1703.105, revise paragraph (b)(2) to read as follows:
Sec. 1703.105 Requests for board records not available through the
public reading room (FOIA requests).
* * * * *
(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#75333a3c3435111b1306175b121a03"><span class="__cf_email__" data-cfemail="a3e5eceae2e3c7cdc5d0c18dc4ccd5">[email protected]</span></a>, or the government-wide <a href="http://FOIA.gov">FOIA.gov</a>
portal. For purposes of calculating the time for response to the
request under Sec. 1703.108, the request shall not be deemed to have
been received until it is in the possession of the Designated FOIA
Officer or his designee.
* * * * *
0
5. In Sec. 1703.107:
0
a. In paragraph (b)(1), revise the definitions of ``Educational
institution'' and ``Representative of the news media'';
0
b. Revise paragraph (b)(2)(iv); and
0
c. Add paragraphs (b)(2)(ix) and (x).
The revisions and additions read as follows:
Sec. 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. The term news means
information that is about current events or that would be of current
interest to the public. Examples of news media entities include
television or radio stations broadcasting to the public at large, and
publishers of periodicals (but only in those instances when the
periodicals can qualify as disseminations of ``news'') who make their
products available for purchase or subscription by the general public.
These examples are not intended to be all-inclusive. Moreover, as
traditional methods of news delivery evolve (e.g., electronic
dissemination of newspapers through telecommunications services), such
alternative media may be included in this category. A ``freelance''
journalist may be regarded as working for a news organization if the
journalist can demonstrate a solid basis for expecting publication
through that organization, even though the journalist is not actually
employed by the news organization. A publication contract would be the
clearest proof, but the
[[Page 10308]]
Board may also look to the past publication record of a requester in
making this determination.
(2) * * *
(iv) The Board will not assess any search fees if has failed to
meet its deadlines in Sec. 1703.108 or duplication fees from
requesters described in paragraph (b)(2)(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:
0
a. Redesignate paragraphs (c) through (f) as paragraphs (f) through
(i);
0
b. Add new paragraphs (c) through (e);
0
c. Revise newly redesignated paragraph (g); and
0
d. Add paragraph (j).
The additions and revision read as follows:
Sec. 1703.108 Processing of FOIA requests.
* * * * *
(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) The Board will designate a specific track for requests that are
granted expedited processing, in accordance with the standards set
forth in Sec. 1703.105(e). The 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) 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.
* * * * *
(j) 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.
Sec. 1703.109 [Amended]
0
7. In Sec. 1703.109:
0
a. In paragraph (a)(1), remove ``30'' and add in its place ``90''; and
0
b. In paragraph (b), remove ``Sec. 1703.108(c)'' and add in its place
``Sec. 1703.108(f)''.
0
8. Revise Sec. 1703.111 to read as follows:
Sec. 1703.111 Privileged or confidential information.
(a) Scope. Any person submitting a document to the Board may
request privileged treatment by claiming that some or all of the
information contained in the document is exempt from the mandatory
public disclosure requirements of FOIA and should otherwise be withheld
from public disclosure.
(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) Effect of privilege claim. (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
[[Page 10309]]
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.
Dated: February 25, 2026.
Mary Buhler,
Executive Director of Operations.
[FR Doc. 2026-04166 Filed 3-2-26; 8:45 am]
BILLING CODE 3670-01-P
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