Rule2026-19448
Revision of Freedom of Information Act Regulations
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
September 23, 2026
Effective
September 23, 2026
Issuing agencies
Architectural and Transportation Barriers Compliance Board
Abstract
The Architectural and Transportation Barriers Compliance Board (Access Board or Board) is issuing this final rule to update its regulations under the Freedom of Information Act (FOIA). The Board replaces its existing FOIA regulations with this rule, which streamlines the language of several procedural provisions; updates procedures consistent with current technology; incorporates changes required by amendments to the FOIA under the OPEN Government Act of 2007 and the FOIA Improvement Act of 2016, and developments in case law; and conforms to Department of Justice guidelines for agency FOIA regulations.
Full Text
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<title>Federal Register, Volume 91 Issue 183 (Wednesday, September 23, 2026)</title>
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[Federal Register Volume 91, Number 183 (Wednesday, September 23, 2026)]
[Rules and Regulations]
[Pages 60308-60316]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19448]
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ARCHITECTURAL AND TRANSPORTATION BARRIERS COMPLIANCE BOARD
36 CFR Part 1120
[Docket No. ATBCB-2026-0004]
RIN 3014-AA51
Revision of Freedom of Information Act Regulations
AGENCY: Architectural and Transportation Barriers Compliance Board.
ACTION: Final rule.
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SUMMARY: The Architectural and Transportation Barriers Compliance Board
(Access Board or Board) is issuing this final rule to update its
regulations under the Freedom of Information Act (FOIA). The Board
replaces its existing FOIA regulations with this rule, which
streamlines the language of several procedural provisions; updates
procedures consistent with current technology; incorporates changes
required by amendments to the FOIA under the OPEN Government Act of
2007 and the FOIA Improvement Act of 2016, and developments in case
law; and conforms to Department of Justice guidelines for agency FOIA
regulations.
DATES: The rule is effective on September 23, 2026.
FOR FURTHER INFORMATION CONTACT: Frances Spiegel, Attorney Advisor,
(202) 272-0041, <a href="/cdn-cgi/l/email-protection#4f2920262e0f2e2c2c2a3c3c62732e6f273d2a2972" http: board.gov">board.gov</a>">foia@access-<a href="http://board.gov">board.gov</a></a>.
SUPPLEMENTARY INFORMATION:
I. Introduction and Legal Authority
The final rule will update the Access Board's regulations under the
Freedom of Information Act (FOIA), 5 U.S.C. 552. The Board replaces its
existing FOIA regulations with this rule, which streamlines the
language of several procedural provisions; incorporates changes
required by amendments to the FOIA under the OPEN Government Act of
2007, Public Law 110-175, 121 Stat. 2524, and the FOIA Improvement Act
of 2016, Public Law 114-185, 130 Stat. 538 (enacted June 30, 2016); and
conforms to Department of Justice's guidelines for agency FOIA
regulations. This final rule follows a notice of proposed rulemaking
(NPRM), 91 FR 49377, published on August 4, 2026.
The Board's FOIA regulations, 36 CFR part 1120--Public Availability
of Information, were initially published in 1980, and revised in 1987
and 1990. See 45 FR 80976 (Dec. 8, 1980); 52 FR 43195 (Nov. 10, 1987);
55 FR 2521 (Jan. 25, 1990). While the Board has always administered its
FOIA program consistent with the FOIA legislation and administrative
directives, the Board now updates its FOIA regulations to reflect these
changes.
The format and content of the Access Board's updated FOIA
regulation is consistent with the Department of Justice's guidance for
agencies on FOIA regulations. See U.S. Dept. of Justice, Guidance for
Agency FOIA Regulations (June 26, 2019), available at <a href="https://www.justice.gov/oip/oip-guidance/guidance-agency-foia-regulations">https://www.justice.gov/oip/oip-guidance/guidance-agency-foia-regulations</a>. In
addition to achieving consistency with statutory and administrative
authorities that dictate the substance of agency FOIA regulations, the
content has been updated to reflect changes in the Access Board's FOIA
procedures due to advances in technology since the original regulation
was published.
II. Comments Received and Changes to the Rule Text
The Access Board received eight comments in response to its NPRM.
One was nonresponsive to the specific proposed rule text, and one took
issue with the way the Access Board characterized its reasons for
updating the regulation but provided no substantive suggestions.
Another seemed to misunderstand the purpose of the rulemaking,
expressing concern that the rulemaking would affect how individuals
request Access Board services, which it does not. That comment, along
with a fourth, expressed a general desire for the Access Board's FOIA
program to be accessible to individuals with disabilities, a theme that
is discussed below. The fourth comment also expressed general support
for the rulemaking and a desire that the final rule result in a
regulation that is fair and useable by the public.
The other comments raised substantive concerns, which the Access
Board carefully considered. These concerns are described below, along
with any resulting changes made to the final regulation.
Timing of Initial Response
One commenter indicated that the regulation lacks a restatement of
the statutory timeframe for agencies to provide an initial response to
FOIA requests. The Board agrees and has added a sentence in section
1120.5 indicating that the FOIA office will respond to requests within
20 working days unless the other circumstances delineated in that
section apply.
Another commenter expressed concern that section 1120.3(b) does not
explain how the statutory timeframe for response is affected when the
agency must seek clarification from the requester regarding the
request. The Board has clarified in section 1120.3(b) that the
statutory timeframe will be tolled from when the agency seeks
additional information from the requester until the information is
provided.
Consequences of Failure To Sufficiently Describe Records Sought
In section 1120.3(b), the proposed rule text indicated that if the
request did not reasonably describe the records sought, the agency's
response may be delayed. A commenter expressed concern that this
language understates the consequences of failing to reasonably describe
the records sought. The Access Board agrees. The statutory time period
for response will be tolled while the agency seeks clarification, which
will delay the agency's response. However, if sufficient information is
not provided in response to the agency's inquiries, ultimately the
request must be denied. The Board has therefore revised
[[Page 60309]]
section 1120.3(b) to clarify that if sufficient information is not
provided to reasonably describe the records sought, or otherwise
perfect the request, the request will be denied.
Expedited Processing
Two commenters took issue with the Board's proposed language of
1120.5(e)(1) as insufficiently specific. The proposed language stated
that expedited processing will be granted upon demonstration of
``compelling need,'' and in ``other cases as determined by the
agency.'' The commenters asserted that the ``other cases'' must be
defined in the regulation. Unlike some other agencies, such as the
Department of Justice, the Access Board can identify no class of
records that it maintains other than those falling under the definition
of ``compelling need'' at 5 U.S.C. 552(a)(6)(E)(i) that would warrant,
as a category, expedited processing. In the NPRM preamble, the Board
explained that it was leaving open the possibility that a unique
situation could present a significant and substantiated level of
urgency similar to a compelling need, such that the Board would
expedite processing in that instance. However, after further
consideration in light of the comment, the Board has removed the
reference to ``other cases as determined by the agency.''
Fees
One commenter did not feel that the Board sufficiently
substantiated its proposed fee schedule as reflective of the actual
salaries of staff performing search and review for FOIA requests. The
proposed fee schedule included search and review at the following rate
categories, listed below with hourly rates from the 2026 federal salary
scales with Washington D.C. locality pay for informational purposes:
clerical personnel charged at a salary rate equivalent to a GS-9/step 5
($38.35); professional/managerial personnel charged at a salary rate
equivalent to a GS-14/step 5 ($78.15); senior executive \1\ personnel
and Board members charged at a salary rate equivalent to an EX-Level IV
($94.49).
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\1\ ``Senior executive'' as used in this rule refer to Senior
Executive Service positions, and senior professional positions, such
as SL (senior level) or ST (scientific and technical).
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Upon review of the pay grades of the individuals conducting FOIA
searches, and in response to the comment received, in the final rule
the Access Board has added the category of Information Technology
personnel at the GS 13 Step 5 level ($66.14/hour). The Board had
previously planned to include this type of personnel within the
clerical category; however, IT staff have a significant role in many
FOIA searches for electronic records and are paid at a salary well
above the GS 9 Step 5 level. The Board has also renamed the clerical
category as ``clerical/administrative'' to reflect the variety of
positions whose work would be charged at this fee level.
Salary information upon which the fee schedule is based is as
follows. FOIA searches at the Access Board are coordinated and
conducted primarily by an attorney at the GS 14 Step 9 level ($87.35/
hour). Initial email searches are run by an information technology
staff person at the GS 13 Step 3 level ($62.24/hour), or an IT
contractor for which the agency pays, overall, a higher hourly rate. In
specific instances, managerial staff, administrative/clerical staff,
Board members, and senior executives may also be called upon to assist
with a search.
Managerial positions at the Access Board, other than senior
executive personnel, are classified at the GS 15 level ($81.11 minimum
per hour). The Access Board has only one clerical position: an
executive assistant position previously hired at the GS 9 level but
recently reclassified as a GS 11 position with additional duties
($40.94 minimum per hour). In addition to the executive assistant,
other administrative staff at positions classified at the GS 11 level
or above may be called on to provide clerical support for FOIA search
or review.
Board members are paid at the Executive Level IV salary ($94.49 per
hour), and both the General Counsel and the Executive Director earn
salaries exceeding that level. Review is typically performed
exclusively by attorneys at the GS 14 Step 9 level, and the General
Counsel who is classified at the senior professional level; however,
there may be instances where clerical support will be required from the
agency's administrative staff.
The Board has set all the fee categories at the Step 5 level to
account for variation in the specific step of the individual holding
the position at any given time, and the variation of employees across
categories, while providing clarity to requesters on the fees to be
charged.
The fee schedule in section 1120.10 does not overestimate the
direct costs incurred by the agency in responding to requests, and in
many cases, significantly underestimates them. The Board does not find
that these fees will exceed the actual cost to the agency of performing
the work required to respond to FOIA requests.
One commenter objected to the Board's shift from an hourly fee
published in the regulation to a fee schedule tied to the federal
salary scales. That commenter proposed that the Access Board include
the hourly rate in its FOIA regulation and then update the regulation
annually as salaries change. The Board respectfully declines this
suggestion. Federal salary scales are publicly available and easily
searchable on the Office of Personnel Management website.
In the final rule, the Board clarifies in section 1120.10(c)(1)(ii)
that the salaries listed in the fee schedule will be calculated with
Washington, D.C. locality pay, which reflects actual costs to the
agency. The Board has also revised section 1120.10(a) to clarify that
the FOIA office may provide an electronic means to pay FOIA fees.
Submitter Objections
Two commenters expressed concern that under section 1120.7, the
Board would defer to the opinions of submitters of confidential
commercial information. The Board does not find that the language of
1120.7 would lead the agency to this result and thus declines to revise
this section. The Board highlights that section 1120.7 provides the
submitter with notice and an opportunity to be heard with respect to
whether information provided by the submitter is lawfully withheld
under FOIA Exemption 4. Ultimately, as stated in section 1120.7(f), the
agency is only required to ``consider'' the submitter's objections; it
need not defer to a submitter's preference if the Board does not concur
that Exemption 4 is applicable. Further, section 1120.7(g) provides a
notification process when the Board decides to disclose information
``over the objection of a submitter.'' The language of the section
clearly indicates that the Board will make an independent determination
as to whether information should be withheld under FOIA Exemption 4
upon consideration of all relevant information, including any
information provided by the submitter.
Content of Denial
Where the FOIA officer has made an adverse determination, section
1120.6(e)(2) requires the agency to provide in a denial letter a brief
statement of the reasons for the denial, including any FOIA exemption
applied by the agency in denying the request. One commenter requested
that section 1120.6(e)(2) explicitly require the agency to specify in a
denial letter an explanation of the ``foreseeable harm'' the agency
expects from each disclosure
[[Page 60310]]
of information withheld under a discretionary exemption. The Board
declines to make this change. The Access Board makes withholding
decisions consistent with the requirements of the FOIA statute,
including the requirement that an agency withhold information only
where the agency reasonably foresees that disclosure would harm an
interest protected by an exemption or the disclosure is prohibited by
law. 5 U.SC. 552(a)(8)(A). The FOIA statute does not require an agency
in an initial denial letter to provide a detailed analysis for each
piece of information withheld. The statute provides for an appeal
process should a requester wish to challenge the agency's decision with
respect to a specific withholding.
Accessibility of Records
Three commenters remarked on the accessibility of requested
records, with one commenter specifically requesting that the regulation
contain a provision under section 1120.6(f) requiring that markings
identifying withheld material not be conveyed solely through visual
formatting, and another commenter generally requesting that responsive
records be furnished in an accessible format without a requester
needing to describe or document a disability. The Access Board
appreciates these comments, as accessibility for people with
disabilities is central to its mission.
With respect to these comments, the Board notes that letters from
the agency describing a determination under FOIA are agency official
communications that must be accessible pursuant to regulations issued
under section 508 of the Rehabilitation Act, 36 CFR 1194, Appendix A,
E205.3(B), and requested records are required to be made accessible
under section 504 of the Rehabilitation Act to individuals upon request
and based on their specific disability. As accessibility of FOIA
determinations and requested records already falls under regulations
issued under the Rehabilitation Act, the Access Board declines to
require specific accessibility in its regulation issued under the FOIA,
noting that the FOIA statute is silent as to accessibility
requirements. See generally 5 U.S.C. 552. Access Board staff are always
available to work with requesters on accessibility needs.
III. Regulatory Process Matters
Regulatory Review (E.O. 12866): The Office of Management and Budget
has determined that this rule is not a ``significant regulatory
action'' under Executive Order 12866, Sec. 3(f), Regulatory Planning
and Review, and accordingly this rule has not been reviewed by that
Office.
Regulatory Flexibility Act: In accordance with the Regulatory
Flexibility Act (5 U.S.C. 605(b)), the Access Board certifies that this
regulation will not have a significant economic impact on a substantial
number of small entities. This rule will affect those who make requests
for access to information under the provisions of the FOIA. Under the
FOIA, agencies may recover only the direct costs of searching for,
reviewing, and duplicating the records processed for requesters, and
only for certain classes of requester and when particular conditions
are satisfied. In satisfying these conditions, the Access Board
typically does not charge fees for processing FOIA requests. While the
Access Board has not updated its FOIA regulation since 1990, it has
nevertheless been following the current statutory requirements of the
FOIA and related administrative directives as reflected in DOJ's FOIA
regulations template. Thus, other than revising the fee schedule, this
rulemaking simply serves to codify existing practice, which is already
required by law and administrative authorities.
Unfunded Mandates Reform Act of 1995: This rule will not result in
the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector, of $100,000,000 or more in any one
year, and it will not significantly or uniquely affect small
governments. Therefore, no actions were deemed necessary under the
provisions of the Unfunded Mandates Reform Act of 1995.
Paperwork Reduction Act: This regulation contains no information
collection requirements subject to review by the Office of Management
and Budget under the Paperwork Reduction Act. See 44 U.S.C. 3501, et
seq.
List of Subjects in 36 CFR Part 1120
Administrative practice and procedure; Freedom of Information Act;
Privacy.
Approved by vote of the Access Board.
Christopher Kuczynski,
General Counsel.
0
For the reasons stated in the preamble, the Access Board amends title
36, chapter XI, of the Code of Federal Regulations by revising and
republishing part 1120 to read as follows:
PART 1120--PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM
OF INFORMATION ACT
Sec.
1120.1 General provisions.
1120.2 Proactive disclosure of agency records.
1120.3 Requirements for making requests.
1120.4 Responsibility for responding to requests.
1120.5 Timing of responses to requests.
1120.6 Responses to requests.
1120.7 Confidential commercial information.
1120.8 Administrative appeals.
1120.9 Preservation of records.
1120.10 Fees.
1120.11 Other rights and services.
Authority: 5 U.S.C. 552, the Freedom of Information Act, as
amended.
Sec. 1120.1 General provisions.
This part contains the rules that the Architectural and
Transportation Barriers Compliance Board (``U.S. Access Board,''
``Access Board,'' or ``agency'') follows in processing requests for
records under the Freedom of Information Act (``FOIA''), 5 U.S.C. 552.
The rules in this part should be read in conjunction with the text of
the FOIA and the Uniform Freedom of Information Fee Act Schedule and
Guidelines published by the Office of Management and Budget (``OMB
Guidelines''). Requests made by individuals for records about
themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed
under 36 CFR 1121 as well as under this part.
Sec. 1120.2 Proactive disclosure of agency records.
Records that are required by the FOIA to be made available for
public inspection in an electronic format may be accessed through the
Access Board's website at www.access-<a href="http://board.gov">board.gov</a>.
Sec. 1120.3 Requirements for making requests.
(a) General information. (1) Requests for records must be submitted
in writing. The Access Board has a central FOIA office that processes
all records requests for the agency. To make a request for Access Board
records, a requester should send an email to <a href="/cdn-cgi/l/email-protection#4e2821272f0e2f2d2d2b3d3d63722f6e263c2b2873" http: board.gov">board.gov</a>">foia@access-<a href="http://board.gov">board.gov</a></a> or
submit a request to the Access Board through the <a href="http://FOIA.gov">FOIA.gov</a>portal
(<a href="http://www.foia.gov">www.foia.gov</a>). Alternatively, requesters may send requests to FOIA
Officer, U.S. Access Board, 1331 F Street NW, Suite 1000, Washington,
DC 20004.
(2) The agency's FOIA Officer and FOIA Public Liaison are available
to assist requesters. Contact information for these individuals is
available on the agency's website at www.access-<a href="http://board.gov">board.gov</a>.
(3) A requester who is making a request for records about himself
or herself must comply with verification of
[[Page 60311]]
identity procedures specified by the FOIA officer.
(4) Where a request for records pertains to a third party, a
requester may receive greater access by submitting either a notarized
authorization signed by that individual or a declaration made in
compliance with the requirements set forth in 28 U.S.C. 1746 by that
individual authorizing disclosure of the records to the requester, or
by submitting proof that the individual is deceased (e.g., a copy of a
death certificate or an obituary). As an exercise of administrative
discretion, the agency can require a requester to supply additional
information if necessary in order to verify that a particular
individual has consented to disclosure.
(b) Description of records sought. Requesters must describe the
records sought in sufficient detail to enable agency personnel to
locate them with a reasonable amount of effort. To the extent possible,
requesters should include specific information that may assist the
agency in identifying the requested records, such as the date, title or
name, author, recipient, subject matter of the record, case number,
file designation, or reference number. In general, requesters should
include as much detail as possible about the specific records or the
types of records that they are seeking. Before submitting their
requests, requesters may contact the agency's FOIA officer or FOIA
Public Liaison to discuss the records they are seeking and to receive
assistance in describing the records. If after receiving a request the
agency determines that it does not reasonably describe the records
sought, the agency shall inform the requester what additional
information is needed or why the request is otherwise deficient. The
timeframe for response described in 1120.5(a) will be tolled upon
notification to the requester that additional information is needed to
process the request until sufficient information is received by the
agency such that the request can be processed. If sufficient
information is not subsequently provided by the requester to reasonably
describe the records sought or otherwise perfect the request, the
request will be denied.
Sec. 1120.4 Responsibility for responding to requests.
(a) In general. Except in the instances described in paragraph (c)
of this section, the agency's FOIA office is responsible for responding
to the request. Only the agency's Chief FOIA Officer or designee is
authorized to grant or to deny any requests for agency records.
(b) Re-routing of misdirected requests. Where a request for records
is received by agency personnel other than FOIA office personnel, the
receiving personnel shall route the request to the FOIA office for
processing.
(c) Consultation, referral, and coordination. When reviewing
records located in response to a request, FOIA office personnel shall
assess whether another agency of the Federal Government is better able
to determine whether the record is exempt from disclosure under the
FOIA. As to any such record, the agency shall proceed in one of the
following ways:
(1) Consultation. When records originated with the Access Board,
but contain within them information of interest to another agency or
other Federal Government office, FOIA office personnel should typically
consult with that other agency or office prior to making a release
determination.
(2) Referral. (i) When FOIA office personnel conclude that a
different agency or other Federal Government office is best able to
determine whether to disclose the record, the Access Board will
typically refer the responsibility for responding to the request
regarding that record, as long as the referral is to an agency or
office that is subject to the FOIA. Ordinarily, the agency or office
that originated the record will be presumed to be best able to make the
disclosure determination. However, if the Access Board and the
originating agency or office jointly agree that the Access Board is in
the best position to respond regarding the record, then the record may
be handled as a consultation.
(ii) Whenever the Access Board refers any part of the
responsibility for responding to a request to another agency or office,
it shall document the referral, maintain a copy of the record that it
refers, and notify the requester of the referral and inform the
requester of the name of the agency or office to which the record was
referred.
(3) Coordination. The standard referral procedure is not
appropriate where disclosure of the identity of the agency to which the
referral would be made could harm an interest protected by an
applicable exemption, such as the exemptions that protect personal
privacy or national security interests. In such instances, in order to
avoid harm to an interest protected by an applicable exemption, the
agency should coordinate with the originating agency to seek its views
on the disclosability of the record. The release determination for the
record that is the subject of the coordination should then be conveyed
to the requester by the Access Board.
(d) Agreements regarding consultations and referrals. The Access
Board may establish agreements with other agencies to eliminate the
need for consultations or referrals with respect to particular types of
records.
Sec. 1120.5 Timing of responses to requests.
(a) In general. The FOIA office will provide an initial response to
the requester within 20 working days of receipt of the request, except
as otherwise provided in this section. The FOIA office will typically
respond to requests according to their order of receipt. In instances
involving misdirected requests that are re-routed pursuant to Sec.
1120.4(b), the response time will commence on the date that the request
is received by the FOIA office, but in any event not later than 10
working days after the request is first received by an agency employee.
(b) Multitrack processing. The FOIA office may 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 FOIA office may consider are
the number of pages involved in processing the request and the need for
consultations or referrals. If multitrack processing has been
established for the fiscal year at the time a request is filed, the
FOIA officer shall advise the requester of the track into which the
request falls and, when appropriate, shall offer the requester an
opportunity to narrow the request so that it can be placed in a
different processing track. Requests that are granted expedited
processing in accordance with the standards set forth in paragraph (e)
of this section shall be placed in a separate track for expedited
processing regardless of whether multitrack processing has otherwise
been established.
(c) Unusual circumstances. Whenever the statutory time limit for
processing a request cannot be met because of ``unusual
circumstances,'' as defined in the FOIA, and the agency extends the
time limit on that basis, the agency shall notify the requester in
writing of the unusual circumstances involved and of the date by which
processing of the request can be expected to be completed. Where the
extension exceeds 10 working days, the agency shall, as described by
the FOIA, provide the requester with an opportunity to modify the
request or arrange an alternative time period for processing. The
agency shall make available its FOIA officer and its FOIA Public
[[Page 60312]]
Liaison for this purpose. The agency will notify the requester of the
availability of the Office of Government Information Services to
provide dispute resolution services.
(d) Aggregating requests. For the purposes of satisfying unusual
circumstances under the FOIA, the agency 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 agency shall not aggregate multiple requests that
involve unrelated matters.
(e) Expedited processing. (1) The Access Board will process
requests and appeals on an expedited basis when the requester
demonstrates a compelling need. A compelling need exists when:
(i) lack of expedited processing could reasonably be expected to
pose an imminent threat to the life or physical safety of an
individual; or
(ii) there is an urgency to inform the public about an actual or
alleged Federal Government activity, if the request is made by a person
who is primarily engaged in disseminating information.
(2) A request for expedited processing may be made at any time.
(3) A requester who seeks expedited processing must submit a
statement, certified to be true and correct, explaining in detail the
basis for making the request for expedited processing. For example,
under paragraph (e)(1)(ii) of this section, a requester who is not a
full-time member of the news media must establish that the requester is
a person whose primary professional activity or occupation is
information dissemination, though it need not be the requester's sole
occupation. Such a requester also must establish a particular urgency
to inform the public about the government activity involved in the
request--one that extends beyond the public's right to know about
government activity generally. The existence of numerous articles
published on a given subject can be helpful in establishing the
requirement that there be an ``urgency to inform'' the public on the
topic. As a matter of administrative discretion, the agency may waive
the formal certification requirement.
(4) The agency shall notify the requester within 10 calendar days
of the receipt of a request for expedited processing of its decision
whether to grant or deny expedited processing. If expedited processing
is granted, the request shall be given priority, placed in the
processing track for expedited requests, and shall be processed as soon
as practicable. If a request for expedited processing is denied, any
appeal of that decision shall be acted on expeditiously.
Sec. 1120.6 Responses to requests.
(a) In general. The agency will communicate with requesters
primarily via electronic mail and telephone, unless a physical mailing
address is the only contact information provided.
(b) Tracking numbers. The FOIA office shall assign a request an
individualized tracking number if it will take longer than 10 working
days to process.
(c) Grants of requests. Once the agency makes a determination to
grant a request in full or in part, it shall notify the requester in
writing. The agency also shall inform the requester of any fees charged
under Sec. 1120.10 and shall disclose the requested records to the
requester promptly upon payment of any applicable fees. The agency
shall inform the requester of the availability of the FOIA Public
Liaison to offer assistance.
(d) Adverse determinations of requests. The agency shall notify the
requester of an adverse determination denying a request in any respect
in writing. Adverse determinations, or denials of requests, include
decisions that: the requested record is exempt, in whole or in part;
the request does not reasonably describe the records sought; the
information requested is not a record subject to the FOIA; the
requested record does not exist, cannot be located, or has been
destroyed; or the requested record is not readily reproducible in the
form or format sought by the requester. Adverse determinations also
include denials involving fees or fee waiver matters or denials of
requests for expedited processing.
(e) Content of denial. The denial shall be signed by the agency's
Chief FOIA Officer, or designee, and shall include:
(1) The name and title or position of the person responsible for
the denial;
(2) A brief statement of the reasons for the denial, including any
FOIA exemption applied by the agency 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 under Sec.
1120.8(a), and a description of the requirements set forth therein; and
(5) A statement notifying the requester of the assistance available
from the Agency's FOIA Public Liaison and the dispute resolution
services offered by the Office of Government Information Services.
(f) Markings on released documents. Markings on released documents
must be clearly visible to the requester. Records disclosed in part
shall be marked to show the amount of information deleted and the
exemption under which the deletion was made unless doing so would harm
an interest protected by an applicable exemption. The location of the
information deleted shall also be indicated on the record, if
technically feasible.
Sec. 1120.7 Confidential commercial information.
(a) Definitions. (1) Confidential commercial information means
commercial or financial information obtained by the agency from a
submitter that may be protected from disclosure under Exemption 4 of
the FOIA, 5 U.S.C. 552(b)(4).
(2) Submitter means any person or entity, including a corporation,
State, or foreign government, but not including another Federal
Government entity, that provides information, either directly or
indirectly to the Federal Government.
(b) Designation of confidential commercial information. A submitter
of confidential commercial information must use good faith efforts to
designate by appropriate markings, either at the time of submission or
within a reasonable time thereafter, any portion of its submission that
it considers to be protected from disclosure under Exemption 4. These
designations shall expire 10 years after the date of the submission
unless the submitter requests and provides justification for a longer
designation period.
(c) When notice to submitters is required. (1) The agency shall
promptly provide written notice to a submitter of confidential
commercial information whenever records containing such information are
requested under the FOIA if, after reviewing the request, the
responsive records, and any appeal by the requester, the agency
determines that it may be required to disclose the records, provided:
(i) The requested information has been designated in good faith by
the submitter as information considered protected from disclosure under
Exemption 4; or
[[Page 60313]]
(ii) The agency has a reason to believe that the requested
information may be protected from disclosure under Exemption 4, but has
not yet determined whether the information is protected from disclosure
under that exemption or any other applicable exemption.
(2) The notice shall either describe the commercial information
requested or include a copy of the requested records or portions of
records containing the information. In cases involving a voluminous
number of submitters, notice may be made by posting or publishing the
notice in a place or manner reasonably likely to accomplish it.
(d) Exceptions to submitter notice requirements. The notice
requirements of this section shall not apply if:
(1) The agency determines that the information is exempt under the
FOIA;
(2) The information has been lawfully published or has been
officially made available to the public;
(3) Disclosure of the information is required by a statute other
than the FOIA or by a regulation issued in accordance with the
requirements of Executive Order 12600 of June 23, 1987; or
(4) The designation made by the submitter under paragraph (b) of
this section appears obviously frivolous, except that, in such a case,
the agency shall give the submitter written notice of any final
decision to disclose the information and must provide that notice
within a reasonable number of days prior to a specified disclosure
date.
(e) Opportunity to object to disclosure. (1) The agency will
specify a reasonable time period within which the submitter must
respond to the notice referenced above. If a submitter has any
objections to disclosure, it should provide the agency a detailed
written statement that specifies all grounds for withholding the
particular information under any exemption of the FOIA. In order to
rely on Exemption 4 as basis for nondisclosure, the submitter must
explain why the information constitutes a trade secret or commercial or
financial information that is privileged or confidential.
(2) A submitter who fails to respond within the time period
specified in the notice shall be considered to have no objection to
disclosure of the information. Information received by the agency after
the date of any disclosure decision will not be considered by the
agency. Any information provided by a submitter under this subpart may
itself be subject to disclosure under the FOIA.
(f) Analysis of objections. The agency will consider a submitter's
objections and specific grounds for nondisclosure in deciding whether
to disclose the requested information.
(g) Notice of intent to disclose. Whenever the agency decides to
disclose information over the objection of a submitter, the agency will
provide the submitter written notice, including:
(1) A statement of the reasons why each of the submitter's
disclosure objections was not sustained;
(2) A description of the information to be disclosed; and
(3) A specified disclosure date, which shall be a reasonable time
subsequent to the notice.
(h) Notice of FOIA lawsuit. Whenever a requester files a lawsuit
seeking to compel the disclosure of confidential commercial
information, the agency will promptly notify the submitter.
(i) Requester notification. The agency will notify a requester
whenever it provides the submitter with notice and an opportunity to
object to disclosure; whenever it notifies the submitter of its intent
to disclose the requested information; and whenever a submitter files a
lawsuit to prevent the disclosure of the information.
Sec. 1120.8 Administrative appeals.
(a) Requirements for making an appeal. A requester may appeal any
adverse determinations. Appeals can be submitted by email to
FOIA@access-<a href="http://board.gov">board.gov</a> or by regular mail to: Chief FOIA Officer, Office
of General Counsel, U.S. Access Board, 1331 F. Street NW, Suite 1000,
Washington, D.C. 20004. Examples of adverse determinations are provided
in Sec. 1120.6(d). The requester must make the appeal in writing and
to be considered timely it must be postmarked, or in the case of
electronic submissions, transmitted, within 90 calendar days after the
date of the response. The appeal should clearly identify the agency's
determination that is being appealed and the assigned request number.
To facilitate handling, the requester should mark both the appeal
letter and envelope, or subject line of the electronic transmission,
``Freedom of Information Act Appeal.''
(b) Adjudication of appeals. (1) The agency's Chief FOIA Officer or
designee will adjudicate appeals.
(2) An appeal ordinarily will not be adjudicated if the request
becomes a matter of FOIA litigation.
(c) Decisions on appeals. A decision on an appeal must be made in
writing. A decision that upholds the initial determination will contain
a statement that identifies the reasons for the affirmance, including
any FOIA exemptions applied. The decision will provide the requester
with notification of the statutory right to file a lawsuit and will
inform the requester of the mediation services offered by the Office of
Government Information Services of the National Archives and Records
Administration as a non-exclusive alternative to litigation. If the
initial decision is modified on appeal, the requester will be notified
of that determination in writing. The FOIA office will thereafter
further process the request in accordance with that appeal
determination and respond directly to the requester.
(d) Engaging in dispute resolution services provided by OGIS.
Mediation is a voluntary process. If the agency agrees to participate
in the mediation services provided by the Office of Government
Information Services, it will actively engage as a partner to the
process in an attempt to resolve the dispute.
(e) When appeal is required. Before seeking review by a court of
the agency's adverse determination, a requester generally must first
submit a timely administrative appeal.
Sec. 1120.9 Preservation of records.
The agency shall preserve all correspondence pertaining to the
requests that it receives under this subpart, as well as copies of all
requested records, until disposition or destruction is authorized
pursuant to title 44 of the United States Code or the General Records
Schedule 14 of the National Archives and Records Administration.
Records shall not be disposed of or destroyed while they are the
subject of a pending request, appeal, or lawsuit under the FOIA.
Sec. 1120.10 Fees.
(a) In general. The Access Board shall charge for processing
requests under the FOIA in accordance with the provisions of this
section and with the OMB Guidelines. In order to resolve any fee issues
that arise under this section, the FOIA office may contact a requester
for additional information. The agency shall ensure that searches,
review, and duplication are conducted in the most efficient and the
least expensive manner. The Access Board ordinarily will collect all
applicable fees before sending copies of records to a requester.
Requesters must pay fees by check or money order made payable to the
Treasury of the United States, or by a method of electronic payment
specified by the FOIA office.
(b) Definitions. For purposes of this section:
(1) Commercial use request is a request that asks for information
for a
[[Page 60314]]
use or a purpose that furthers a commercial, trade, or profit interest,
which can include furthering those interests through litigation. The
agency's decision to place a requester in the commercial use category
will be made on a case-by-case basis based on the requester's intended
use of the information.
(2) Direct costs are those expenses that an agency incurs in
searching for and duplicating (and, in the case of commercial use
requests, reviewing) records in order to respond to a FOIA request. For
example, direct costs include the salary of the employee performing the
work (i.e., the basic rate of pay for the employee, plus 16 percent of
that rate to cover benefits) and the cost of operating computers and
other electronic equipment, such as photocopiers and scanners. Direct
costs do not include overhead expenses such as the costs of space, and
of heating or lighting a facility.
(3) Duplication is reproducing a copy of a record, or of the
information contained in it, necessary to respond to a FOIA request.
Copies can take the form of paper, audiovisual materials, or electronic
records, among others.
(4) Educational institution is any school that operates a program
of scholarly research. A requester in this fee category must show that
the request is made in connection with the requester's role at the
educational institution. The Access Board may seek assurance from the
requester that the request is in furtherance of scholarly research and
will advise requesters of their placement in this category.
(i) Example 1. A request from a professor of geology at a
university for records relating to soil erosion, written on letterhead
of the Department of Geology, would be presumed to be from an
educational institution.
(ii) Example 2. A request from the same professor of geology
seeking drug information from the Food and Drug Administration in
furtherance of a murder mystery he is writing would not be presumed to
be an institutional request, regardless of whether it was written on
institutional stationery.
(iii) Example 3. A student who makes a request in furtherance of
the student's coursework or other school-sponsored activities and
provides a copy of a course syllabus or other reasonable documentation
to indicate the research purpose for the request, would qualify as part
of this fee category.
(5) Noncommercial scientific institution is an institution that is
not operated on a ``commercial'' basis, as defined in paragraph (b)(1)
of this section and that is operated solely for the purpose of
conducting scientific research the results of which are not intended to
promote any particular product or industry. A requester in this
category must show that the request is authorized by and is made under
the auspices of a qualifying institution and that the records are
sought to further scientific research and are not for a commercial use.
(6) Representative of the news media is any person or entity that
actively gathers information of potential interest to a segment of the
public, uses its editorial skills to turn the 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 that broadcast ``news'' to the
public at large and publishers of periodicals that disseminate ``news''
and make their products available through a variety of means to the
general public, including news organizations that disseminate solely on
the internet. A request for records supporting the news-dissemination
function of the requester shall not be considered to be for a
commercial use. ``Freelance'' journalists who demonstrate a solid basis
for expecting publication through a news media entity shall be
considered as a representative of the news media. A publishing contract
would provide the clearest evidence that publication is expected;
however, the agency shall also consider a requester's past publication
record in making this determination.
(7) Review is the examination of a record located in response to a
request in order to determine whether any portion of it is exempt from
disclosure. Review time includes processing any record for disclosure,
such as doing all that is necessary to prepare the record for
disclosure, including the process of redacting the record and marking
the appropriate exemptions. Review costs are properly charged even if a
record ultimately is not disclosed. Review time also includes time
spent both obtaining and considering any formal objection to disclosure
made by a confidential commercial information submitter under Sec.
1120.7, but it does not include time spent resolving general legal or
policy issues regarding the application of exemptions.
(8) Search is the process of looking for and retrieving records or
information responsive to a request. Search time includes page-by-page
or line-by-line identification of information within records and the
reasonable efforts expended to locate and retrieve information from
electronic records.
(c) Charging fees. In responding to FOIA requests, the Access Board
will charge the following fees unless a waiver or reduction of fees has
been granted under paragraph (k) of this section. The fee amounts
provided below include the direct costs associated with a given fee
type.
(1) Search. (i) Requests made by educational institutions,
noncommercial scientific institutions, or representatives of the news
media are not subject to search fees. Search fees shall be charged for
all other requesters, subject to the restrictions of paragraph (d) of
this section. The agency may properly charge for time spent searching
even if they do not locate any responsive records or if they determine
that the records are entirely exempt from disclosure.
(ii) Search fees, including for electronic searches that do not
require new programming, will be calculated based on the Washington,
DC. Locality Pay Area hourly rates (basic pay plus 16% for benefits) of
the personnel conducting the search, rounded down to the nearest full
hour, as follows:
(A) Searches by clerical/administrative personnel will be charged
at a salary rate equivalent to a GS-9/step 5;
(B) Searches by information technology personnel will be charged at
a salary rate equivalent to a GS-13/step 5;
(C) Searches by professional/managerial personnel will be charged
at a salary rate equivalent to a GS-14/step 5; and
(D) Searches by senior executive personnel and Board members will
be charged at a salary rate equivalent to an EX-Level IV.
(iii) Requesters shall be charged the direct costs associated with
conducting any search that requires the creation of a new computer
program to locate the requested records. Requesters shall be notified
of the costs associated with creating such a program and must agree to
pay the associated costs before the costs may be incurred.
(iv) For requests that require the retrieval of records stored by
the agency at a Federal records center operated by the National
Archives and Records Administration (NARA), additional costs shall be
charged in accordance with the Transactional Billing Rate Schedule
established by NARA.
(2) Duplication. Duplication fees shall be charged to all
requesters, subject to the restrictions of paragraph (d) of this
section. The agency will honor a requester's preference for receiving a
[[Page 60315]]
record in a particular form or format where it is readily reproducible
by the agency in the form or format requested. Where photocopies are
supplied, the agency will provide one copy per request at a cost of
$0.20 per page. For copies of records produced on tapes, disks, or
other media, the agency will charge the direct costs of producing the
copy, including operator time. Where paper documents must be scanned in
order to comply with a requester's preference to receive the records in
an electronic format, the requester shall pay the direct costs
associated with scanning those materials. For other forms of
duplication, the agency will charge the direct costs.
(3) Review. Review fees shall be charged to requesters who make
commercial use requests. Review fees shall be assessed in connection
with the initial review of the record, i.e., the review conducted by
the agency to determine whether an exemption applies to a particular
record or portion of a record. No charge will be made for review at the
administrative appeal stage of exemptions applied at the initial review
stage. However, if a particular exemption is deemed to no longer apply,
any costs associated with the re-review of the records in order to
consider the use of other exemptions may be assessed as review fees.
Review fees shall be charged at the same rates as those charged for a
search under paragraph (c)(1)(ii) of this section.
(d) Restrictions on charging fees. (1) No search fees will be
charged for requests by educational institutions (unless the records
are sought for a commercial use), noncommercial scientific
institutions, or representatives of the news media.
(2) If the agency fails to comply with the FOIA's time limits in
which to respond to a request, it may not charge search fees, or, in
the instances of requests from requesters described in paragraph (d)(1)
of this section, may not charge duplication fees, except as described
in paragraphs (d)(2)(i) through (iii) of this section.
(i) If the agency has determined that unusual circumstances as
defined by the FOIA apply and the agency provided timely written notice
to the requester in accordance with the FOIA, a failure to comply with
the time limit shall be excused for an additional 10 days.
(ii) If the agency 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 agency may charge search fees, or, in the
case of requesters described in paragraph (d)(1) of this section, may
charge duplication fees if the following steps are taken. The agency
must have provided timely written notice of unusual circumstances to
the requester in accordance with the FOIA and the agency 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 agency may charge all applicable fees incurred in the
processing of the request.
(iii) 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.
(3) Except for requesters seeking records for a commercial use, the
agency will provide without charge:
(i) The first 100 pages of duplication (or the cost equivalent for
other media); and
(ii) The first two hours of search.
(4) When, after first deducting the 100 free pages (or its cost
equivalent) and the first two hours of search, a total fee calculated
under paragraph (c) of this section is $25.00 or less for any request,
no fee will be charged.
(5) No fees will be charged if the costs of routine collection and
processing of the fee are likely to equal or exceed the amount of the
fee.
(e) Notice of anticipated fees in excess of $25.00. (1) When the
agency determines or estimates that the fees to be assessed in
accordance with this section will exceed $25.00, the agency will notify
the requester of the actual or estimated amount of the fees, including
a breakdown of the fees for search, review or duplication, unless the
requester has indicated a willingness to pay fees as high as those
anticipated. If only a portion of the fee can be estimated readily, the
agency will advise the requester accordingly. If the requester is a
noncommercial use requester, the notice will specify that the requester
is entitled to the statutory entitlements of 100 pages of duplication
at no charge and, if the requester is charged search fees, two hours of
search time at no charge, and will advise the requester whether those
entitlements have been provided.
(2) In cases in which a requester has been notified that the actual
or estimated fees are in excess of $25.00, the request will not be
considered received and further work will not be completed until the
requester commits in writing to pay the actual or estimated total fee,
or designates some amount of fees the requester is willing to pay, or
in the case of a noncommercial use requester who has not yet been
provided with the requester's statutory entitlements, designates that
the requester seeks only that which can be provided by the statutory
entitlements. The requester must provide the commitment or designation
in writing, and must, when applicable, designate an exact dollar amount
the requester is willing to pay. The agency is not required to accept
payments in installments.
(3) If the requester has indicated a willingness to pay some
designated amount of fees, but the agency estimates that the total fee
will exceed that amount, the agency will toll the processing of the
request when it notifies the requester of the estimated fees in excess
of the amount the requester has indicated a willingness to pay. The
agency will inquire whether the requester wishes to revise the amount
of fees the requester is willing to pay or modify the request. Once the
requester responds, the time to respond will resume from where it was
at the date of the notification.
(4) The Access Board's FOIA officer and FOIA Public Liaison is
available to assist any requester in reformulating a request to meet
the requester's needs at a lower cost.
(f) Charges for other services. Although not required to provide
special services, if the agency chooses to do so as a matter of
administrative discretion, the direct costs of providing the service
will be charged. Examples of such services include certifying that
records are true copies, providing multiple copies of the same
document, or sending records by means other than first class mail.
(g) Charging interest. The agency may charge interest on any unpaid
bill starting on the 31st day following the date of billing the
requester. Interest charges will be assessed at the rate provided in 31
U.S.C. 3717 and will accrue from the billing date until payment is
received by the agency. The Access Board will follow the provisions of
the Debt Collection Act of 1982 (Pub. L. 97-365, 96 Stat. 1749), as
amended, and its administrative procedures, including the use of
consumer reporting agencies, collection agencies, and offset.
(h) Aggregating requests. When the agency reasonably believes that
a requester or a group of requesters acting in concert is attempting to
divide a single request into a series of requests for the purpose of
avoiding fees, the agency may aggregate those requests and charge
accordingly. The agency may presume that multiple requests of this type
made within a 30-day period have
[[Page 60316]]
been made in order to avoid fees. For requests separated by a longer
period, the agency will aggregate them only where there is a reasonable
basis for determining that aggregation is warranted in view of all the
circumstances involved. Multiple requests involving unrelated matters
shall not be aggregated.
(i) Advance payments. (1) For requests other than those described
in paragraphs (i)(2) or (i)(3) of this section, the Access Board will
not require the requester to make an advance payment before work
commences or is continued on a request. Payment owed for work already
completed (i.e., payment before copies are sent to a requester) is not
an advance payment.
(2) When the agency determines or estimates that a total fee to be
charged under this section will exceed $250.00, it may require that the
requester make an advance payment up to the amount of the entire
anticipated fee before beginning to process the request. The agency may
elect to process the request prior to collecting fees when it receives
a satisfactory assurance of full payment from a requester with a
history of prompt payment.
(3) Where a requester has previously failed to pay a properly
charged FOIA fee within 30 calendar days of the billing date, the
agency may require that the requester pay the full amount due, plus any
applicable interest on that prior request, and may require that the
requester make an advance payment of the full amount of any anticipated
fee before the agency begins to process a new request or continues to
process a pending request or any pending appeal. Where the agency has a
reasonable basis to believe that a requester has misrepresented the
requester's identity in order to avoid paying outstanding fees, it may
require that the requester provide proof of identity.
(4) In cases in which the agency requires advance payment, the
request shall not be considered received and further work will not be
completed until the required payment is received. If the requester does
not pay the advance payment within 30 calendar days after the date of
the agency's fee determination, the request will be closed.
(j) Other statutes specifically providing for fees. The fee
schedule of this section does not apply to fees charged under any
statute that specifically requires an agency to set and collect fees
for particular types of records. In instances where records responsive
to a request are subject to a statutorily-based fee schedule program,
the agency shall inform the requester of the contact information for
that program.
(k) Requirements for waiver or reduction of fees. (1) Requesters
may seek a waiver of fees by submitting a written application
demonstrating how disclosure of the requested information is in the
public interest because it is likely to contribute significantly to
public understanding of the operations or activities of the government
and is not primarily in the commercial interest of the requester.
(2) The agency will furnish records responsive to a request without
charge or at a reduced rate when it determines, based on all available
information, that disclosure of the requested information is in the
public interest because it is likely to contribute significantly to
public understanding of the operations or activities of the government
and is not primarily in the commercial interest of the requester. In
deciding whether this standard is satisfied, the agency will consider
the factors described in paragraphs (k)(2)(i) through (iii) of this
section:
(i) Disclosure of the requested information would shed light on the
operations or activities of the government. The subject of the request
must concern identifiable operations or activities of the Federal
Government with a connection that is direct and clear, not remote or
attenuated.
(ii) Disclosure of the requested information would be likely to
contribute significantly to public understanding of those operations or
activities. This factor is satisfied when the following criteria are
met:
(A) Disclosure of the requested records must be meaningfully
informative about government operations or activities. The disclosure
of information that already is in the public domain, in either the same
or a substantially identical form, would not be meaningfully
informative if nothing new would be added to the public's
understanding.
(B) The disclosure must contribute to the understanding of a
reasonably broad audience of persons interested in the subject, as
opposed to the individual understanding of the requester. A requester's
expertise in the subject area as well as the requester's ability and
intention to effectively convey information to the public must be
considered. The agency will presume that a representative of the news
media will satisfy this consideration.
(iii) The disclosure must not be primarily in the commercial
interest of the requester. To determine whether disclosure of the
requested information is primarily in the commercial interest of the
requester, the agency will consider the following criteria:
(A) Whether the requester has any commercial interest that would be
furthered by the requested disclosure. A commercial interest includes
any commercial, trade, or profit interest. Requesters must be given an
opportunity to provide explanatory information regarding this
consideration.
(B) If there is an identified commercial interest, whether that is
the primary interest furthered by the request. A waiver or reduction of
fees is justified when the requirements of paragraphs (k)(2)(i) and
(ii) of this section are satisfied and any commercial interest is not
the primary interest furthered by the request. The agency ordinarily
will presume that when a news media requester has satisfied the
requirements of paragraphs (k)(2)(i) and (ii) of this section, the
request is not primarily in the commercial interest of the requester.
Disclosure to data brokers or others who merely compile and market
government information for direct economic return will not be presumed
to primarily serve the public interest.
(3) Where only some of the records to be released satisfy the
requirements for a waiver of fees, a waiver shall be granted for those
records.
(4) Requests for a waiver or reduction of fees should be made when
the request is first submitted and should address the criteria
referenced above. A requester may submit a fee waiver request at a
later time so long as the underlying record request is pending or on
administrative appeal. When a requester who has committed to pay fees
subsequently asks for a waiver of those fees and that waiver is denied,
the requester shall be required to pay any costs incurred up to the
date the fee waiver request was received.
Sec. 1120.11 Other rights and services.
Nothing in this part shall be construed to entitle any person, as
of right, to any service or to the disclosure of any record to which
such person is not entitled under the FOIA.
[FR Doc. 2026-19448 Filed 9-22-26; 8:45 am]
BILLING CODE 8150-01-P
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</html>Indexed from Federal Register on September 23, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.