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Federal Register / Vol. 86, No. 109 / Wednesday, June 9, 2021 / Proposed Rules
FOIA office will furnish the best copy possible and note its poor quality in the components FOIA office reply.
Subpart ETiming of Responses to Requests
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212.8

Time limits.

a In general. The components FOIA
office ordinarily will respond to requests according to their order of receipt.
b Multitrack processing. 1 The components FOIA office shall designate a specific track for requests that are granted expedited processing, in accordance with the standards set forth in paragraph e of this section. The components 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 components FOIA office may consider are, the number of pages involved in processing the request and the need for consultations or referrals.
The components FOIA office 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.
2 The components FOIA office shall generally process requests in each track on a first-in, first-out basis.
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 components FOIA
office extends the time limit on that basis, the components FOIA office shall, before expiration of the 20-day period to respond, 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 components FOIA office shall, in the written notice, notify the requester of the right to contact the components FOIA offices FOIA Public Liaison, or seek dispute resolution services from the Office of Government Information Services OGIS. In addition, the components FOIA office shall, as described by the FOIA, provide the requester with an opportunity to modify the request or arrange an alternative time period for processing.
d Aggregating requests. For the purposes of satisfying unusual circumstances under the FOIA, the components FOIA office may aggregate requests in cases where it reasonably
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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 components FOIA
office shall not aggregate multiple requests that involve unrelated matters.
e Expedited processing. 1 Requests and appeals shall be processed on an expedited basis whenever it is determined that they involve:
i Circumstances in which the lack of expedited processing could reasonably be expected to pose an imminent threat to the life or physical safety of an individual;
ii An urgency to inform the public about an actual or alleged Federal Government activity, if made by a person who is primarily engaged in disseminating information;
iii The loss of substantial due process rights; or iv A matter of widespread and exceptional media interest in which there exist possible questions about the governments integrity that affect public confidence.
2 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 e1ii 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 activity or occupation is information dissemination, though it need not be the requesters sole occupation. Such a requester also must establish a particular urgency to inform the public about the government activity involved in the requestone that extends beyond the publics 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 components FOIA office may waive the formal certification requirement.
3 The components FOIA office 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.

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Subpart FResponses to Requests 212.9 Responsibility for responding to requests.

a In general. The components FOIA
office should, to the extent practicable, communicate with requesters having access to the internet using electronic means, such as email or web portal.
b Acknowledgments of requests. The components FOIA office shall acknowledge the request and assign it an individualized tracking number. The components FOIA office shall include in the acknowledgment a brief description of the records sought to allow requesters to more easily keep track of their requests.
c Grants of requests. Once the components FOIA office makes a determination to grant a request in full or in part, it shall notify the requester in writing. The components FOIA office also shall inform the requester of any fees charged and shall disclose the requested records to the requester promptly upon payment of any applicable fees.
d Consultations and referrals.
Whenever the components FOIA office consults with another Federal Government office over the releasability of a record, the components FOIA office shall notify the requester of the consultation and inform the requester of the names of the agency or office with which the consultation is taking place.
Whenever the components FOIA office refers any part of the responsibility for responding to a request to another Federal Government office, the components FOIA office shall document the referral, maintain a copy of the record that it refers, notify the requester of the referral, and inform the requester of the names of the agency to which the record was referred, including that agencys FOIA contact information.
e Adverse determinations of requests. If the components FOIA office has made an adverse determination denying a request in any respect, the components FOIA office shall notify the requester of that determination in writing, and provide the contact information for the FOIA Public Liaison, as well as a description of the requesters right to seek mediation services from the Office of Government Information Services OGIS. 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
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