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Federal Register / Vol. 86, No. 185 / Tuesday, September 28, 2021 / Rules and Regulations www.fmcs.gov or by email to foia@
fmcs.gov.
b Timing of response. The obligation to respond to a request for records arises on the first business day when the request is received by the Office of General Counsel.
c Multi-track processing. FMCS
designates a specific track for requests that are granted expedited processing, in accordance with the standards set forth in paragraph e of this section. FMCS
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 an agency may consider are the number of records requested, the number of pages involved in processing the request, and the need for consultations or referrals. FMCS
must advise requesters of the track into which their request falls and, when appropriate, should offer the requesters an opportunity to narrow or modify their request so that it can be placed in a different processing track.
d Unusual circumstances. Whenever the FMCS cannot meet the statutory time limit for processing a request because of unusual circumstances, as defined in the FOIA, and the FMCS
extends the time limit on that basis, the FMCS must, before expiration of the 20day response period, notify the requester in writing of the unusual circumstances involved and of the date by which the Agency estimates it will complete processing of the request.
Where the extension exceeds 10
working days, the FMCS will provide the requester with an opportunity to modify the request or arrange an alternative time period for processing the original or modified request. The FMCS will make available its designated FOIA contact or its FOIA Public Liaison for this purpose. The name and contact information for the FMCSs FOIA Public Liaison is available at www.fmcs.gov by selecting FOIA at the bottom of the screen. FMCS will also alert requesters to the availability of the Office of Government Information Services to provide dispute resolution services.
Whenever the FMCS extends the time limits by more than ten additional working days, the FMCS must notify the requester of the right to seek dispute resolution services from the Office of the Government Information Services OGIS.
e Aggregating requests. To satisfy unusual circumstances under the FOIA, agencies may aggregate requests in cases where it reasonably appears that multiple requests, submitted either by a requester or by a group of requesters
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acting in concert, constitute a single request that would otherwise involve unusual circumstances. Agencies cannot aggregate multiple requests that involve unrelated matters.
f Expedited processing. 1 The Agency will process requests and appeals 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; or 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.
2 A request for expedited processing may be made at any time. When making a request for expedited processing of an administrative appeal, the request should be submitted to the FMCSs Office of the Director via foia@fmcs.gov or through the online portal located at www.fmcs.gov/foia.
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 c of this section, a requester who is not a fulltime 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 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 FMCS
may waive the formal certification requirement in this paragraph f3.
4 The FMCS must 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 must be given priority, placed in the processing track for expedited requests, and must be processed as soon as practicable. If a request for expedited processing is denied, the FMCS must act on any appeal of that decision expeditiously.

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Responses to requests.

a In general. To the extent practicable, the FMCS will communicate electronically with requesters.
b Acknowledgments of requests. The FMCS will acknowledge a request in writing and assign it an individualized tracking number if it will take longer than 10 working days to process.
c Estimated dates of completion and interim responses. Upon request, the Agency will provide an estimated date by which it expects to provide a response to the requester. If a request involves a voluminous amount of material, or searches in multiple locations, the FMCS may provide interim responses, releasing the records on a rolling basis.
d Grants of requests fees. Once the Agency determines it will grant a request in full or in part, it will notify the requester in writing. The Agency will also inform the requester of any fees charged under 1401.30 and will disclose the requested records to the requester promptly upon payment of any applicable fees. The Agency will inform the requester of the availability of its FOIA Public Liaison to offer assistance.
e Adverse determinations of requests. If the Agency makes an adverse determination denying a request in any respect, it must notify the requester of that determination 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.
f Content of denial. The denial must be signed by the head of the Agency or designee and must 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
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