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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations
the location of the information redacted and the applicable exemption.
d All existing FMCS records are subject to disposition according to Agency record retention schedules and the General Records Schedules promulgated by the National Archives and Records Administration.
1401.22 Requirements for making requests.

a General information. 1 A
requester can submit requests through one of the following ways: Submitting a request through the public portal on the FMCS FOIA website; sending an electronic request to the Office of General Counsel, foia@fmcs.gov; or writing directly to the FMCS FOIA
office at 250 E Street SW, Washington, DC 20427. Any additional requirements for submitting a request to the Agency are listed in paragraphs a2 and 3 of this section and in the submitted form available by selecting FOIA at the bottom of the FMCS website www.fmcs.gov/foia.
2 A requester who is making a request for records about the requester must comply with the verification of identity requirements as determined by the FMCS to include providing documentation and completing a verification of identity form.
3 Where a request for records pertains to another individual, 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, 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 help the Agency identify the requested records, such as the date, title or name, author, recipient, subject matter of the record, case number, file designation, or reference number. Before submitting requests, requesters may contact the Agencys FOIA Public Liaison, as identified at www.fmcs.gov/foia, to discuss the records they seek and to receive assistance in describing the
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records. If after receiving a request the FMCS determines that it does not reasonably describe the records sought, the FMCS will inform the requester what additional information is needed or why the request is otherwise insufficient. If a request does not reasonably describe the records sought, the FMCSs response to the request may be delayed.
c Format for requests. Requests may specify the preferred form or format including electronic formats for the records. The FMCS will accommodate the request if the record is readily reproducible in that form or format.
d Content of requests. Requesters must provide contact information, such as their full name, organization, phone number, email address, and/or mailing address, to assist the Agency in communicating with them and providing released records.
1401.23 Responsibility for responding to requests.

a In general. Where the FMCS first receives a request for a record and maintains that record, it is responsible for responding to the request. In determining which records are responsive to a request, the Agency ordinarily will include only records in its possession as of the date that it begins its search. If any other date is used, the Agency must inform the requester of that date. If the FMCS uses any other date due to needing to clarify the request or obtain a fee agreement, it must inform the requester of that date.
A record that is excluded from the requirements of the FOIA, pursuant to 5
U.S.C. 552c, is not considered responsive to a request.
b Authority to grant or deny requests. The Director of FMCS or designee is authorized to grant or to deny any requests for records that are maintained by the Agency.
c Consultation, referral, and coordination. When reviewing records in response to a request, the Agency will determine 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 must proceed in one of the following ways:
1 Consultation. When records originated with the agency processing the request but contain information of interest to another agency or other Federal Government office, the FMCS
will generally consult with that other entity prior to making a release determination.
2 Referral. i Ordinarily, when the FMCS is the originating agency, it is presumed to be in the best position to
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make the disclosure determination.
When the FMCS believes that a different agency is best able to determine whether to disclose the record, the FMCS
typically will request the other agency make the final response to the requester.
ii Whenever the FMCS refers any part of the responsibility for responding to a request to another agency, it will document the referral, maintain a copy of the record that it refers, and notify the requester of the referral, informing the requester of the names of the agency to which the record was referred, including that agencys FOIA contact information.
3 Coordination. The standard referral procedure in paragraph c2 of this section will not be followed 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, FMCS would coordinate with the originating agency to seek its views on whether the records should be exempt from disclosure. FMCS will issue the final response to the requester.
d Classified information. On receipt of any request involving classified information, the FMCS will determine whether the information is currently and properly classified in accordance with applicable classification rules.
Whenever a request involves a record containing information that has been classified or may be appropriate for classification by another agency under any applicable executive order concerning the classification of records, FMCS must refer the responsibility for responding to the request regarding that information to the agency that classified the information, or that should consider the information for classification.
Whenever the FMCSs record contains information that has been derivatively classified for example, when it contains information classified by another agency, the FMCS must refer the responsibility for responding to that portion of the request to the agency that classified the underlying information.
e Timing of responses to consultations and referrals. All consultations and referrals received by the FMCS will be handled according to the date that the first agency received the perfected FOIA request.
1401.24 Timing of responses to requests.

a In general. The FMCS ordinarily will respond to requests according to their order of receipt. A request may be made directly to the FMCS by referring to procedures described on
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