Public Availability of Agency Records and Informational Materials, 5137-5147 [2020-00057]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 105–60
[GSPMR Case 2016–105–1; Docket No.
2016–0004, Sequence No. 1]
RIN 3090–AJ74
Public Availability of Agency Records
and Informational Materials
Office of Administrative
Services (OAS), General Services
Administration (GSA).
ACTION: Final rule.
AGENCY:
GSA is amending the General
Services Administration’s regulations
implementing the Freedom of
Information Act (FOIA). The regulations
are being updated to incorporate
changes brought about by the
amendments to FOIA under both
statutory and nonstatutory authorities.
Specifically, this rule amends GSA’s
regulations under FOIA to incorporate
certain changes made to FOIA by the
FOIA Improvement Act of 2016.
Additionally, the regulations are being
updated to reflect developments in case
law, recent guidance from the
Department of Justice—Office of
Information Policy for processing FOIA
requests, technological advancements in
how the FOIA is administered, and to
update the cost figures used in
calculating and charging search/or
review fees. Finally, the revisions to the
rule increase the amount of information
that members of the public may receive
from the agency without being charged
processing fees through proactive
agency disclosures.
DATES: Effective: February 28, 2020.
FOR FURTHER INFORMATION CONTACT: Mr.
Travis S. Lewis, Director of GSA, OAS,
Freedom of Information Act Requester
Service Center, at 202–219–3078 or via
email at travis.lewis@gsa.gov for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755.
Please cite GSPMR Case 2016–105–1.
SUPPLEMENTARY INFORMATION:
SUMMARY:
lotter on DSKBCFDHB2PROD with RULES
I. Background
GSA published a proposed rule in the
Federal Register at 83 FR 28592 on June
20, 2018, to amend the General Services
Administration rule to regulations
implementing the Freedom of
Information Act (FOIA).
The FOIA provides that any person
has a right, enforceable in Federal court,
to obtain access to Federal agency
records, except to the extent that such
records (or portions of them) are
VerDate Sep<11>2014
15:53 Jan 28, 2020
Jkt 250001
protected from public disclosure by one
of nine exemptions or by one of three
special law enforcement record
exclusions. FOIA thus established a
statutory right of public access to
Executive Branch information in the
Federal Government. Part 105–60 of 41
CFR establishes the policies,
responsibilities, and procedures for the
release of GSA records that are under
the jurisdiction of GSA to members of
the public. These regulations apply to
information found in all GSA agency
organizations and components.
This final rule revises GSA’s
regulations under the FOIA to address
changes to the language of several
procedural provisions and to
incorporate certain changes brought
about by the amendments to FOIA
under the FOIA Improvement Act of
2016 Public Law 114–185, 130 Stat. 538
(June 30, 2016).
The final rule also incorporates
changes to the language and structure of
the current GSA regulations enumerated
in 41 CFR part 105–60 to achieve the
aforementioned updates. Please note
that the final rule that applies to GSA’s
FOIA Fee Schedule can be found in
Subpart J—Fees. The revisions also
increase the amount of information that
members of the public may receive from
the agency without being charged
processing fees through proactive
disclosures of agency records online in
the GSA FOIA Reading Room.
The FOIA Improvement Act of 2016
provides that agencies shall allow a
minimum of 90 days for requesters to
file an administrative appeal. The Act
also requires that agencies notify
requesters of the availability of dispute
resolution services at various times
throughout the FOIA process. Finally,
the Act codifies the ‘‘foreseeable harm’’
standard. Additionally, GSA’s FOIA
regulations are being updated to reflect
developments in case law, technological
changes in the administration of FOIA,
executive guidance from the Department
of Justice, other non-statutory
authorities such as Presidential
Executive Orders, including current cost
figures to be used in calculating and
charging fees.
II. Discussion and Analysis
GSA has reviewed the public
comments in the development of the
final rule. A discussion of the comments
is provided as follows:
A. Summary of Significant Changes
There were no significant changes as
a result of the comments received.
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
5137
B. Analysis of Public Comments
Comment: The first respondent
expressed that GSA should remove its
references to the Office of Management
and Budget’s (OMB) Uniform Freedom
of Information Act Fee Schedule and
Guidelines (‘‘OMB Guidelines’’) as both
an authority for interpreting the FOIA
and GSA’s implementing regulations,
because the OMB Guidelines are now
outdated.
Response: Per the Freedom of
Information Reform Act of 1986 (Pub. L.
99–570), all federal agencies subject to
the FOIA are required to promulgate
regulations implementing the FOIA’s
amended fee and fee waiver provisions
reflecting the OMB Guidelines. To date,
there has not been a statutory
amendment to the Freedom of
Information Reform Act of 1986 (Pub. L.
99–570) nor any case precedent which
has eliminated GSA’s requirement to
promulgate regulations implementing
the FOIA’s amended fee and fee waiver
provisions reflecting the OMB
Guidelines. GSA will continue to
implement the OMB Guidelines
accordingly.
Comment: The second respondent
expressed that streamlining the National
Environmental Policy Act (NEPA) via a
time/or page limit on NEPA documents
will just create the need for more
administrative paperwork and project
management costs as government
decision-makers struggle to meet these
new requirements. This will thus divert
time from the more important work of
thinking about and discussing proposed
NEPA related projects.
Response: Responder’s comment does
not make mention of nor concerns
GSA’s FOIA regulations. This comment
is not germane to GSA.
III. Executive Orders 12866 and
13563—Regulatory Review
Executive Orders (E.O.) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
E:\FR\FM\29JAR1.SGM
29JAR1
5138
Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
IV. Executive Order 13771
This rule is not subject to E.O. 13771,
because this rule is not a significant
regulatory action under E.O. 12866.
V. Regulatory Flexibility Act
This final rule will not have a
significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq. This
final rule is also exempt from the
Administrative Procedure Act per 5
U.S.C. 553(a)(2), because it applies to
agency management or personnel.
VI. Small Business Regulatory
Enforcement Fairness Act
This final rule is also exempt from
Congressional review prescribed under
5 U.S.C. 801 since it relates solely to
agency management and personnel.
VII. Paperwork Reduction Act
This final rule does not contain any
information collection requirements that
require approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
VIII. 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 million 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.
List of Subjects in 41 CFR Part 105–60
Administrative practice and
procedure, Records, Information,
Confidential business information,
Freedom of Information Act, Privacy
Act.
Dated: December 23, 2019.
Emily W. Murphy,
Administrator.
For the reasons stated in the preamble,
GSA revises 41 CFR part 105–60 to read
as follows:
PART 105–60—PUBLIC AVAILABILITY
OF AGENCY RECORDS AND
INFORMATIONAL MATERALS
lotter on DSKBCFDHB2PROD with RULES
Sec.
Subpart A—General Policy
105–60.000 Scope of part.
105–60.001 General policy.
Subpart B—Proactive Disclosures
105–60.100 Public availability of
information.
15:53 Jan 28, 2020
Subpart D—Responding to Requests
105–60.300 Responsibility for responding
to requests.
105–60.301 Acknowledging FOIA request
105–60.302 Responding to FOIA requests.
105–60.303 Consolation, referral, and
coordination
105–60.304 Time requirements to respond
to FOIA requests.
105.60.305 Unusual circumstances.
105.60.306 Expedited processing.
Subpart E—Acknowledging the FOIA
Request
105–60.400 Applying FOIA exemptions.
Subpart F—Final Responses to the FOIA
Request
105–60.500 Final response procedures and
rules.
Subpart G—Handling Confidential
Commercial Information
105–60.600 Procedural and lawful
considerations.
105–60.601 Submitter’s opportunity to
object to disclosure.
Subpart I—Appeals
105–60.700 Submitting an appeal.
105–60.701 Adjudication of appeals.
105–60.702 Requirements to preserve FOIA
records.
Subpart J—Fees
105–60.800 General provisions.
105–60.801 Definitions pertaining to fee
assessments.
105–60.802 Fees to be charged.
105–60.803 Restrictions on charging fees.
105–60.804 Fee Schedule.
105–60.805 Anticipated fees.
105–60.806 Advanced payments.
105–60.807 Fee waivers and fee reductions.
Subpart K—Other Rights and Services
105–60.900 Coda.
Authority: 5 U.S.C. 301 and 552; 40 U.S.C.
486(c).
Subpart A—General Policy
§ 105–60.000
■
VerDate Sep<11>2014
Subpart C—Requirements for Making
Requests
105–60.200 Making a request.
105–60.201 Description of records sought.
Jkt 250001
Scope of part.
This part contains the rules that the
U.S. General Services Administration,
hereinafter GSA, 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 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 in
accordance with Privacy Act regulations
as well as under this part.
PO 00000
Frm 00010
Fmt 4700
Sfmt 4700
§ 105.60.001
General policy.
(a) In compliance with the Freedom of
Information Act (FOIA), as amended 5
U.S.C. 552, a positive and continuing
obligation exists for GSA to make
available to the fullest extent practicable
upon request by members of the public,
all records and informational materials
that are generated, maintained, and
controlled by GSA.
(b) This subpart also covers
exemptions from disclosure of these
records; procedures for the public to
inspect or obtain copies of GSA records.
(c) The regulations promulgated in
this subpart are consistent with
amendments to 5 U.S.C. 552a as well as
other applicable Federal laws germane
to disclosure of information to the
public.
(d) This subpart applies to all GSA
organizations, portfolios, business lines,
regional offices and components. The
aforementioned units may establish
additional rules for processing FOIA
requests due to unique program
requirements; however, such rules shall
be consistent with these rules and have
the concurrence of the GSA
Administrator and GSA Chief FOIA
Officer.
(e) Any internal GSA policies or
procedures inconsistent with the
policies and procedures promulgated in
this subpart are superseded by this
subpart to the extent of that
inconsistency.
(f) This subpart does not entitle any
person to any service or to the
disclosure of any GSA records that are
not required to be disclosed under the
FOIA.
Subpart B—Proactive Disclosures
§ 105–60.100
information.
Public availability of
Records that FOIA in 5 U.S. Code
section 552(a)(2) requires GSA to make
available for public inspection in an
electronic format can be accessed via
GSA’s website at www.gsa.gov.
Additionally, the GSA FOIA Reading
Room, and the FOIA Online System.
GSA is responsible for determining
which of its records shall be made
publicly available, for identifying
additional records of interest to the
public that are appropriate for public
disclosure, and for posting and indexing
such records. These records shall be
made available electronically via the
GSA FOIA Reading Room. GSA shall
ensure that its online FOIA Library of
posted records and indices is reviewed
and updated on an ongoing basis. GSA
maintains a FOIA Requester Service
Center, the office that oversees FOIA
requests for all of GSA, and a FOIA
E:\FR\FM\29JAR1.SGM
29JAR1
Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
Public Liaison to assist individuals in
locating records particular to an agency.
A list of agency FOIA Public Liaisons is
available at: https://www.foia.gov/.
Subpart C—Requirements for Making
Requests
lotter on DSKBCFDHB2PROD with RULES
§ 105–60.200
Making a request.
(a) To make a request for GSA records,
a requester shall file their request to the
GSA FOIA Requester Service Center via
one of the following, via the FOIAonline
website: (https://foiaonline.gov/
foiaonline/action/public/home). From
FOIAonline you can submit FOIA
requests to GSA and other participating
FOIAonline agencies, track the status of
requests, search for requests submitted
by others, access previously released
records, and generate agency-specific
FOIA processing reports.
(b) If it is not reasonably possible for
a requester to submit an electronic
request via FOIAonline, the requester
shall submit their request via U.S. Mail
to the following address: GSA FOIA
Requester Service Center (H3), Room
7308, 1800 F Street NW, Washington,
DC 20405. Fax: 202–501–2727.
Alternatively, a FOIA requester may
email its FOIA request to gsa.foia@
gsa.gov (Subject: FOIA Request via
Email).
(c) FOIA request description
requirements:
(1) The requester shall provide the
following items of contact information
when submitting a request to GSA:
(i) Full name with honorific (Mr., Ms.,
Mrs., Dr., etc.);
(ii) Complete mailing address; and
(iii) Telephone number.
(2) This requirement is applicable to
both FOIA requests submitted
electronically and via U.S. mail,
respectively.
(3) Although it is not a mandatory
requirement, GSA also recommends the
requester provide a personal/business
email address for remittance as well.
(d) A requester who is making a
request for records about himself or
herself shall comply with the
verification of identity requirements as
specified in paragraph (e) of this
section.
(e) Where a request for records
pertains to another individual, a
requester may receive access to the
requested records by submitting: Either
a notarized authorization signed by the
individual permitting that he or she
explicitly grants access to the requested
records pursuant to the requirements set
forth in 28 U.S.C. 1746 or by submitting
proof that the individual is deceased
(e.g., a copy of a death certificate or an
obituary). As an exercise of
VerDate Sep<11>2014
15:53 Jan 28, 2020
Jkt 250001
administrative discretion, GSA can
require a requester to supply additional
information such as a Certification of
Identity Form in order to sufficiently
verify the individual submitting the
request and/or also verify that a
particular individual has consented to
disclosure.
§ 105–60.201
sought.
Description of records
(a) Requesters shall describe the
records sought in sufficient detail to
enable GSA personnel to locate them
with a reasonable amount of effort. To
the extent possible, requesters should
include the following information in
their FOIA request, which may help
GSA identify the requested records the
date/timeframe the requested
information was created or occurred,
title or name, author, recipient, subject
matter of the record, case number, file
designation, contract number, leasing
identification number, or reference
number and if known, the component of
GSA housing the records.
(b) Before submitting a FOIA request,
requesters may contact the GSA FOIA
Requester Service Center or GSA FOIA
Public Liaison to discuss the records
they seek and to receive assistance in
describing the records. If after receiving
a request, GSA determines that it does
not reasonably describe the records
sought, GSA shall inform the requester
what additional information is needed
or why the request is otherwise
insufficient. Requesters who are
attempting to reformulate or modify
such a request may discuss their request
with their assigned Government
Information Specialist or FOIA Public
Liaison. If a request does not reasonably
describe the records sought, GSA’s
response to the request may be delayed.
(c) In order to efficiently respond to
FOIA requests within the required 20business-day timeframe per 5 U.S.C.
552(a)(6)(A), GSA may close an
unperfected request 10 business days
after GSA notifies the requester of the
information needed to perfect the
request. If the request does not
reasonably describe the records sought,
it is unperfected. A perfected FOIA
request is a FOIA request for records
that adequately describes the records
sought, is made in accordance with
GSA’s regulations, has been received by
the GSA FOIA Requester Service center,
and for which there is no remaining
question about the payment or amount
of applicable fees.
(d) Requesters may specify whether
they prefer to receive paper copies of
the records or receive the records
electronically. GSA shall accommodate
PO 00000
Frm 00011
Fmt 4700
Sfmt 4700
5139
the request if the record is readily
reproducible in the requested form.
Subpart D—Responding to Requests
§ 105–60.300 Responsibility for
responding to FOIA requests.
(a) The GSA FOIA Requester Service
Center is responsible for managing all
requests for records submitted to GSA
from initial receipt of the FOIA request
through the agency’s final decision to
release in whole or in part, or withhold
the requested records.
(b) Upon receiving a request for
records, the GSA FOIA Requester
Service Center shall determine whether
the requested records reside within
GSA. If GSA does not have ownership
of the requested records, the GSA FOIA
Requester Service Center shall make a
good faith effort to redirect the requester
to the appropriate record location or/
entity that has control and ownership of
the requested record, if known.
(c) If GSA has possession of the
requested records, the FOIA Requester
Service Center shall work in
coordination with the appropriate GSA
component/or program office to fulfill
the FOIA request in accordance with 5
U.S.C. 552.
§ 105–60.301
requests.
Acknowledging FOIA
(a) To the extent practicable, GSA
shall communicate with requesters
electronically via the FOIAonline web
portal and/or email.
(b) Upon receipt of a request, GSA
shall send requesters an
acknowledgement letter within 2
business days containing a brief
description of the records sought so
requesters may more easily keep track of
their requests.
(c) When a request is submitted via
FOIAonline, the system automatically
generates a tracking number, which
allows for easy identification of each
request. This tracking number shall be
included in the acknowledgement letter.
(d) When GSA receives a request not
directly entered by the requester into
FOIAonline (i.e., email, fax, standard
mail, etc.) the FOIA Requester Service
Center shall immediately upload the
request into the FOIAonline system and
it shall be assigned a tracking number
that shall be communicated to the
requester.
§ 105–60.302
requests.
Responding to FOIA
(a) GSA shall provide an estimated
date by which the agency expects to
provide a response to the requester. If a
request involves a voluminous amount
of material or searches in multiple
locations, GSA may provide an interim
E:\FR\FM\29JAR1.SGM
29JAR1
5140
Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
response, meaning the agency releases
the records on a rolling basis as the
records are located and verified.
(b) In determining which records are
responsive to a request, the agency shall
include only the records in its
possession as of the date the agency
receives the perfected FOIA request. If
any other date is used, GSA shall inform
the requester accordingly. A record that
is excluded from the requirements of the
FOIA pursuant to 5 U.S.C. 552(c) is not
considered responsive to a request.
(c) Pursuant to 5 U.S.C. 552, GSA is
not required to perform the following in
response to a FOIA request:
(1) Answer questions or
interrogatories posed as FOIA requests;
(2) Issue guidance/or opinions;
(3) Analyze and/or interpret
documents for a requester;
(4) Create records;
(5) Conduct research; or
(6) Initiate investigations.
(d) The GSA Administrator and GSA
Chief FOIA Officer and/or their assigned
delegates are authorized to grant or deny
any requests for records or portions
thereof that are generated, maintained,
or controlled by GSA.
lotter on DSKBCFDHB2PROD with RULES
§ 105–60.303 Consultation, referral, and
coordination.
(a) All consultations and referrals
received by GSA shall be handled
according to the date the other agency
received the perfected FOIA request.
(b) GSA may establish agreements
with other agencies to eliminate the
need for consultations or referrals with
respect to particular types of records.
(c) When GSA is reviewing records
located in response to a FOIA request,
GSA shall determine whether another
agency of the Federal Government is
better able to determine if the records
are releasable under the FOIA. As to any
such record, GSA shall proceed in one
of the following ways:
(1) Consultation. When GSA receives
a request for records that either
originated with another agency or is a
GSA record that includes information
that originated with another agency,
GSA should typically consult with that
other agency prior to making a release
determination.
(2) Referral. (i) Whenever GSA
receives a request for records that are
known to be the primary responsibility
of another agency, GSA shall refer the
responsibility for responding to the
request regarding records to that agency.
Ordinarily, the agency that created the
records is presumed to be the best
agency to make the disclosure
determination. However, if GSA and the
originating agency jointly agree that
GSA is in the best position to respond
VerDate Sep<11>2014
15:53 Jan 28, 2020
Jkt 250001
regarding the record, then the
responsive record(s) may be handled as
a consultation.
(ii) Whenever GSA refers any part of
the responsibility for responding to a
record request to another agency, GSA
shall maintain documentation that the
referral to the other agency has
occurred, and shall notify the requester
of the referral. The notification to the
requester shall include both the name of
the agency to which the record request
was referred and the contact
information for the agency’s FOIA
office/or personnel.
(iii) This referral procedure is not
appropriate where disclosure of the
identity of the agency to which the
referral would be made could
reasonably harm an interest protected
by an applicable exemption, such as the
exemptions that protect personal
privacy or national security interests. If
a non-law enforcement agency
responding to a request for records on
a living third party locates within its
files records originating with a law
enforcement agency, and if the existence
of that law enforcement interest in the
third party was not publicly known,
then to disclose that law enforcement
interest could cause an unwarranted
invasion of the personal privacy of the
third party. Similarly, if GSA locates a
record that originates with an
intelligence community agency, and the
involvement of that agency in the matter
is classified and not publicly
acknowledged, then to disclose or give
attribution to the involvement of that
Intelligence Community agency could
cause national security harms. Records
meeting these criteria shall be treated as
a consultation.
(iv) In such instances, in order to
avoid a harm to an interest protected by
an FOIA applicable exemption, GSA
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 GSA.
(4) Classified information. (i) On
receipt of any request involving
classified information, GSA shall
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, GSA shall refer
request for records to the agency that
classified the information or that should
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
consider the information for
classification.
(ii) Whenever GSA’s records contain
information that has been derivatively
classified (i.e., it contains information
classified by another agency), GSA shall
refer the responsibility for responding to
that portion of the request to the agency
that classified the information.
§ 105–60.304 Time requirements to
respond to FOIA requests.
(a) Upon receipt of perfected request
via U.S. mail, email, or facsimile, the
GSA FOIA Requester Service Center
shall begin processing the request for
records. Pursuant to 5 U.S.C.
552(a)(6)(A)(i), GSA has 20 business
days (excluding Saturdays, Sundays,
and Federal holidays) to inform the
requester of the agency’s determination
with respect to the request for records,
unless in the alternative, the agency has
negotiated a different timeframe based
on scope and level of effort to prepare
the FOIA request response. If a requester
does not receive a response to their
perfected FOIA request within the
statutory timeframe requester may seek
judicial review in the U.S. District Court
in the district in which the requester
resides or has a principal place of
business, or where the records are
situated, or in the U.S. District Court for
the District of Columbia.
(b) GSA shall to the greatest extent
practicable respond to FOIA requests by
order of receipt of the requests.
(c) GSA shall designate a specific
track for requests that are granted
expedited processing, in accordance
with the standards set forth in this
subpart. GSA 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 GSA may consider are the
number of records requested, the
number of pages involved in processing
the request, and the need for
consultations or referrals. GSA shall
advise requesters of the track into which
their request falls upon request, and
when appropriate, offer the requester an
opportunity to narrow the scope and/or
modify their requests.
(d) GSA may aggregate requests in
cases where it reasonably appears that
multiple requests for records were
submitted either by a requester or by a
group of requesters acting in concert for
the same, or similar information to
ensure it is fulfilled in a timely manner.
GSA cannot aggregate multiple requests
for unrelated subject matters.
E:\FR\FM\29JAR1.SGM
29JAR1
Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
§ 105–60.305
Unusual circumstances.
Whenever GSA cannot meet the
statutory time limit for processing a
request because of ‘‘unusual
circumstances,’’ as defined at 5 U.S.C.
552(a)(6)(A)(iii), GSA shall, before
expiration of the 20-day statutory time
period to respond to a request for
records, notify the requester in writing
of the unusual circumstances involved
and of the date by which GSA estimates
the processing of the request shall be
completed. Where the extension of time
is anticipated to exceed 10 business
days, GSA shall provide the requester
with an opportunity to modify the
request or arrange an alternative time
period for processing the original or
modified request. GSA shall make
available its FOIA Public Liaison for
this purpose. GSA shall also alert
requesters to the availability of the
Office of Government Information
Services (OGIS) to provide dispute
resolution services.
lotter on DSKBCFDHB2PROD with RULES
§ 105–60.306
Expedited processing.
(a) A request for expedited processing
may be made at any time. In order to
qualify for consideration for expedited
processing, the request shall reasonably
describe the records sought. Expedited
requests should be described in
sufficient detail to facilitate expedited
processing.
(b) A requester who seeks expedited
processing shall submit a statement
with their FOIA request, certified to be
true and correct, explaining in detail the
basis for making the request for
expedited processing as described in
paragraphs (c)(1) through (4) of this
section. As a matter of administrative
discretion, GSA may waive the formal
certification requirement.
(c) GSA may process requests and
appeals on an expedited basis whenever
it is determined that they involve:
(1) 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;
(2) 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; or
(3) The loss of substantial due process
rights; or
(4) A matter of widespread and
exceptional media interest in which
there exist possible questions about the
Government’s integrity that affect public
confidence.
(d) GSA shall notify the requester
within 10 calendar days of its receipt of
a request for expedited processing and
of its decision whether to grant or deny
VerDate Sep<11>2014
15:53 Jan 28, 2020
Jkt 250001
expedited processing. If expedited
processing is granted, the request shall
be given priority, placed in the
processing track for expedited requests,
and processed as soon as practicable. If
a request for expedited processing is
denied, GSA shall act on any appeal of
that decision within 3 business days.
Subpart E—Acknowledging the FOIA
Request
§ 105–60.400
Applying FOIA exemptions.
(a) 5 U.S.C. 552(b)(1)–(9) of the
Freedom of Information Act provides
that the disclosure requirements of
FOIA do not apply to matters that are:
(1) Specifically authorized under the
criteria established by an executive
order to be kept secret in the interest of
national defense or foreign policy and
are in fact properly classified pursuant
to such executive order (see Executive
Order No. 13,526);
(2) Related solely to the internal
personnel rules and practices of an
agency;
(3) Specifically exempted from
disclosure by statute other than 5 U.S.C.
552(b)(1)–(9), provided that such
statute:
(i) Requires that the matters be
withheld from the public in such a
manner as to leave no discretion on the
issue;
(ii) Establishes particular criteria for
withholding or refers to particular types
of matters to be withheld;
(4) Trade secrets and commercial or
financial information that could harm
the competitive posture or business
interests of a company;
(5) Interagency or intra-agency
memorandums or letters that would not
be available by law to a party other than
an agency in litigation with the agency,
provided that the deliberative process
privilege shall not apply to records
created 25 years or more before the date
on which the records were requested;
(6) Personnel and medical files and
similar files the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy;
(7) Records or information compiled
for law enforcement purposes, but only
to the extent that the production of such
law enforcement records or information:
(i) Could reasonably be expected to
interfere with enforcement proceedings;
(ii) Would deprive a person of a right
to a fair trial or an impartial
adjudication;
(iii) Could reasonably be expected to
constitute an unwarranted invasion of
personal privacy;
(iv) Reasonably be expected to
disclose the identity of a confidential
source, including a State, local, or
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
5141
foreign agency or authority or any
private institution that furnished
information on a confidential basis, and,
in the case of a record or information
compiled by a criminal law enforcement
authority in the course of a criminal
investigation or by an agency
conducting a lawful national security
intelligence investigation, information
furnished by a confidential source;
(v) Would disclose techniques and
procedures for law enforcement
investigations or prosecutions, or would
disclose guidelines for law enforcement
investigations or prosecutions if such
disclosure could reasonably be expected
to risk circumvention of the law; or
(vi) Could reasonably be expected to
endanger the life or physical safety of
any individual;
(8) Contained in or related to
examination, operating, or condition
reports prepared by, on behalf of, or for
the use of an agency responsible for the
regulation or supervision of financial
institutions; or
(9) Geological and geophysical
information and data, including maps,
concerning wells.
(b) GSA will provide any reasonably
segregable portion of a record to a
requester after redacting the portions of
the requested records that are exempt
under this section.
Subpart F—Final Responses to the
FOIA Request
§ 105–60.500
and rules.
Final response procedures
(a) Once GSA determines that it shall
grant a request in full or in part, the
requester shall be notified of the
decision in writing as well. GSA shall
also inform the requester of any fees
charged under § 105–60.804 of this part
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 its FOIA Public Liaison to offer
assistance.
(b) If GSA makes an adverse
determination on any part of the FOIA
request, it shall notify the requester of
that determination in writing. Adverse
determinations, or denials of requests,
include determinations that:
(1) The requested record is exempt
from disclosure, in whole or in part;
(2) The FOIA request does not
reasonably describe the records sought;
(3) The information requested is not
subject to FOIA;
(4) The requested record does not
exist, cannot be located, or has been
destroyed; or
(5) The requested record is not readily
reproducible in the form or format
sought by the requester.
E:\FR\FM\29JAR1.SGM
29JAR1
5142
Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
(c) Records disclosed in part in
response to a FOIA request shall be
marked clearly to show the exemption
under which the applicable portions of
the responsive records were redacted
unless doing so would harm an interest
protected by an applicable exemption.
(d) Adverse determinations also
include denials involving fee waiver
requests, denials for expedited
processing, and the administrative
closure of FOIA requests due to
nonpayment of search and review fees
for processing the FOIA request.
(e) Any adverse determination of a
FOIA request, in full or in part, shall be
signed by the Chief FOIA Officer or his
or her designee and shall include:
(1) The name and title or position of
the person responsible for the adverse
determination;
(2) A brief statement of the reasons for
the adverse determination, including
any FOIA exemption that is the basis for
GSA’s decision;
(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;
and
(4) A statement that the denial may be
appealed under subpart I of this part,
and a description of the appeal
requirements.
(5) A statement notifying the requester
of the assistance available from the
agency’s FOIA Public Liaison and the
dispute resolution services offered by
OGIS.
(f) Use of record exclusions pursuant
to 5 U.S.C. 552(c):
(1) In the event that GSA identifies
records that may be subject to exclusion
from the requirements of the FOIA
pursuant to 5 U.S.C. 552(c), GSA shall
confer with Department of Justice,
Office of Information Policy (OIP), to
obtain approval to apply the exclusion.
(2) If GSA invokes an exclusion, it
shall maintain an administrative record
of the process of invocation and
approval of the exclusion by OIP.
lotter on DSKBCFDHB2PROD with RULES
Subpart G—Handling Confidential
Commercial Information
§ 105–60.600 Procedural and lawful
considerations.
(a) Confidential commercial
information means commercial or
financial information obtained by GSA
from a submitter that may be protected
from disclosure under Exemption 4 of
the FOIA, 5 U.S.C. 552(b)(4).
VerDate Sep<11>2014
15:53 Jan 28, 2020
Jkt 250001
(b) Submitter means any person or
entity, including a corporation, State, or
foreign government, but not including
another Federal Government entity, that
provides confidential commercial
information, either directly or indirectly
to the Federal Government.
(c) A submitter of confidential
commercial information shall use good
faith efforts to designate by appropriate
markings/or redact any portion of its
submission that it considers to be
protected from disclosure under
Exemption 4. These designations expire
10 years after the date of the submission
unless the submitter requests and
provides justification for a longer
designation period.
(d) When notice to submitters is
required:
(1) GSA shall promptly provide
written notice to the submitter of
confidential commercial information
whenever records containing such
information are requested under the
FOIA if GSA 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
(ii) GSA 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.
(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, GSA
may post or publish a notice in a place
or manner reasonably likely to inform
the submitters of the proposed
disclosure, instead of sending
individual notifications.
(e) The notice requirements of this
section do not apply if:
(1) GSA determines that the
information is exempt under the FOIA,
and therefore shall not be disclosed;
(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 FOIA or
by a regulation issued in accordance
with the requirements of Executive
Order 12,600 of June 23, 1987; or
(4) The designation made by the
submitter under paragraph (c) of this
section appears obviously frivolous. In
such a case, GSA shall give the
submitter written notice of any final
decision to disclose the information
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
within reasonable time prior to a
specified disclosure date.
§ 105–60.601 Submitters opportunity to
object to disclosure.
(a) GSA shall provide a submitter
with 10 business days, within which the
submitter shall respond to the notice
referenced in § 105–60.600.
(b) If a submitter has any objections to
disclosure, it should provide GSA 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 the basis for
nondisclosure, the submitter shall
explain why the information constitutes
a trade secret or commercial or financial
information that is privileged or
confidential and the harm of the release
of the information to the submitter.
(c) 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.
(d) GSA is not required to consider
any information received after the date
of any disclosure decision. Any
information provided by a submitter
under this subpart may itself be subject
to disclosure under the FOIA.
(e) GSA shall consider a submitter’s
objections and specific grounds for
nondisclosure in deciding whether to
disclose the requested information.
(f) Whenever GSA decides to disclose
information over the objection of a
submitter, the agency shall provide the
submitter written notice, which shall
include:
(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 or copies of the records as
the agency intends to release them; and
(3) The specified disclosure date.
(g) Whenever a requester files a
lawsuit seeking to compel the disclosure
of confidential commercial information,
GSA shall promptly notify the
submitter.
(h) GSA shall notify the 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.
Subpart I—Appeals
§ 105–60.700
Submitting an appeal.
(a) A requester may appeal any
adverse determination (denial of access
to records, denial of fee waiver, or
E:\FR\FM\29JAR1.SGM
29JAR1
Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
denial of expedited processing, etc.) to
the GSA FOIA Requester Service Center
which is designated as the agency’s
FOIA Appeals Office.
(b) The appeal shall include:
(1) The FOIAonline tracking number;
(2) The basis for disagreement with
GSA’s adverse determination that is
being appealed; and
(3) A brief statement of the reasons he
or she thinks GSA should release the
records or provide expedited processing
and enclose copies of the initial request
and denial.
(c) The requester may submit the
appeal electronically to GSA.FOIA@
gsa.gov. The requester should mark the
subject line of the electronic
transmission, ‘‘Freedom of Information
Act Appeal.’’ In the alternative, the
requester may submit an appeal via
facsimile to 202–501–2727, or via US
mail to U.S. General Services
Administration, FOIA Requester Service
Center (H3), 1800 F Street NW, 7308,
Washington, DC 20405–0001. If the
appeal is submitted via US mail, the
appeal letter must include the words
‘‘Freedom of Information Act Appeal’’
on both the face of the appeal letter and
on the envelope. Failure to follow these
procedures will delay processing of the
appeal.
(d) The GSA FOIA Officer must
receive the requester’s appeal no later
than 90 calendar days after receipt by
the requester of any adverse
determination by GSA with respect to
the FOIA request. GSA has 20 business
days after receipt of a proper appeal to
issue a response to the requester’s
appeal. The 20-workday time limit shall
not begin until the GSA FOIA Officer
receives the appeal. As noted in
§ 105.60.305 of this part, the GSA FOIA
Officer may extend this time limit in
unusual circumstances. GSA will
process appeals of denials of expedited
processing as soon as possible after
receiving them. The GSA FOIA Officer
may also extend the time limit in the
event of unusual circumstances occur
during the processing of appeals as well.
lotter on DSKBCFDHB2PROD with RULES
§ 105–60.701
Adjudication of appeals.
(a) The GSA Chief FOIA Officer or his
or her designee shall act on behalf of
GSA on all appeals under this section.
(b) An appeal ordinarily shall not be
adjudicated if the request that is the
subject of the appeal becomes a matter
of FOIA litigation. GSA shall
administratively close the appeal if it
becomes the subject of litigation and
provide this notice to the requester in
writing that the request has been
administratively closed.
(c) On receipt of any appeal involving
classified information, GSA shall take
VerDate Sep<11>2014
15:53 Jan 28, 2020
Jkt 250001
appropriate action to ensure compliance
with applicable classification rules.
(d) GSA shall provide its review and
decision on any appeal in writing. Any
decision that either upholds GSA’s
original determination in whole or in
part shall contain a statement that
identifies the reasons for the affirmance,
including any FOIA exemptions
applied.
(e) If GSA’s decision is remanded or
modified on appeal, GSA shall notify
the requester of that determination in
writing. GSA shall then further process
the request in accordance with that
appeal determination and shall respond
directly to the requester. If GSA affirms
its original decision after timely receipt
of an appeal, GSA shall inform the
requester via writing as well. GSA shall
inform the requester of their right to
seek judicial review in the U.S. District
Court in the district in which the
requester resides or has a principal
place of business, or where the records
are situated, or in the U.S. District Court
for the District of Columbia. GSA shall
also inform the requester of the
mediation services offered by the Office
of Government Information Services
(OGIS) of the National Archives and
Records Administration (NARA) as a
non-exclusive alternative to litigation.
(f) Engaging in dispute resolution or
mediation services provided by OGIS is
a voluntary process. Mediation is a
voluntary process. If GSA agrees to
participate in the mediation services
provided by OGIS, it will actively
engage as a partner to the process in an
attempt to resolve the dispute.
§ 105–60.702 Requirements to preserve
FOIA records.
GSA 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 4.2 of the
NARA. GSA shall not dispose of or
destroy records while they are the
subject of a pending request, appeal, or
lawsuit under FOIA.
Subpart J—Fees
§ 105–60.800
General provisions.
(a) GSA shall charge for processing
requests under the FOIA in accordance
with the provisions of this section and
with OMB Guidelines. For purposes of
assessing fees, FOIA establishes three
categories of requesters:
(1) Commercial use requesters;
(2) Noncommercial scientific or
educational institutions or news media
requesters; and
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
5143
(3) All other requesters.
(b) Fees are assessed depending on
the category GSA determines the
requester falls under in subpart A of this
part. Requesters may seek a fee waiver.
GSA shall consider requests for fee
waiver in accordance with the
requirements in § 105–60.807 of this
subpart. To resolve any fee issues that
arise under this section, GSA may
contact a requester for additional
information. GSA shall ensure that
searches, review, and duplication of
FOIA records are conducted in the most
efficient and the least expensive
manner.
(c) GSA shall collect all applicable
fees before sending copies of records to
a requester. Requesters pay fees by
check, credit card, or money order made
payable to the U.S. General Services
Administration, or by another method
as determined by GSA.
§ 105–60.801 Definitions pertaining to fee
assessments.
(a) A commercial use request is a
request that asks for information that
furthers a commercial, trade, or profit
interest, which can include furthering
those interests through litigation. GSA’s
decision to place a requester in the
commercial use category shall be made
on a case-by-case basis and is based on
the requester’s intended use of the
information. GSA shall notify requesters
of their placement in this category.
(b) Direct costs are those expenses
that GSA 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 sixteen
(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 or the heating or lighting of a
facility.
(c) Duplication is reproducing a
record to respond to a FOIA request.
Duplicating records can occur via paper,
audiovisual materials or electronic
records.
(d) An educational institution is any
school that operates a program of
scholarly research. A requester in this
fee category shall show that the request
is made in connection with his or her
role at the educational institution.
Agencies may seek verification from the
requester that the request is in
furtherance of scholarly research.
E:\FR\FM\29JAR1.SGM
29JAR1
lotter on DSKBCFDHB2PROD with RULES
5144
Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
(e) A noncommercial scientific
institution is an institution that is not
operated on a commercial basis. The
term ‘commercial’ for purposes of this
subpart is that which is defined in
paragraph (a) 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
shall show that the request is authorized
by a qualifying noncommercial
institution, or educational institution of
vocational and higher learning and
where the records are sought to further
scientific, or academic scholarly
research, and are not for a commercial
use. GSA shall advise requesters of their
placement in this category.
(f) Representative of the news media
is any person or entity that 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, GSA can also consider a
requester’s past publication record in
making this determination. GSA shall
advise requesters of their placement in
this category.
(g) 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 the process of
reviewing each individual record for
possible redactions 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 § 105–60.601 of this part. It does
VerDate Sep<11>2014
15:53 Jan 28, 2020
Jkt 250001
not include time spent resolving general
legal or policy issues regarding the
application of exemptions.
(h) 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.
§ 105–60.802
Fees to be charged.
In responding to FOIA requests, GSA
shall charge the following fees unless a
waiver or reduction of fees has been
granted under § 105–60.807 of this
subpart. Because the fee amounts
provided below already account for the
direct costs associated with a given fee
type, GSA shall not add any additional
costs to charges calculated under this
section.
(a) Search fees. (1) Requests made by
educational institutions, noncommercial
scientific institutions, or representatives
of the news media are not subject to
search fees. GSA shall charge search
fees for all other requesters, subject to
the rules and restrictions enumerated in
this subpart. GSA may properly charge
for time spent searching even if the GSA
FOIA Requester Service Center does not
locate any responsive records or if they
determine that the records are entirely
exempt from disclosure.
(2) For each half hour (30 minutes)
spent by GSA personnel searching for
requested records, including electronic
searches that do not require new
programming, a $24.50 fee shall be
assessed per the guidelines of the fee
schedule enumerated in § 105–60.804 of
this subpart.
(3) GSA shall charge the direct costs
associated with conducting any search
that requires the creation of a new
computer program to locate the
requested records. GSA shall notify the
requester of the costs associated with
creating such a program, and the
requester shall agree to pay the
associated costs before the costs may be
incurred.
(4) For requests that require the
retrieval of records stored by GSA at a
Federal records center operated by the
NARA, GSA shall charge additional
costs in accordance with the
Transactional Billing Rate Schedule
established by NARA.
(b) Duplication fees. (1) GSA shall
charge duplication fees to all requesters,
subject to the restrictions of § 105–
60.803 of this subpart. GSA shall honor
a requester’s preference for receiving a
record in a particular form or format
where the agency can readily reproduce
it in the form or format requested.
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
Where photocopies are supplied, GSA
shall provide one copy per request at
the cost of $0.10 per copy. For copies of
records produced on tapes, disks, or
other media, GSA shall charge the direct
costs of producing the copy, including
operator time.
(2) Where paper documents shall be
scanned in order to comply with a
requester’s preference to receive the
records in an electronic format, the
requester shall also pay the direct costs
associated with scanning those
materials. For other forms of
duplication, GSA shall charge the direct
costs.
(3) GSA determines the standard fee
for duplication of records as follows:
(i) Per copy of each page (not larger
than 8.5 x 14 inches) reproduced by
photocopy or similar means (includes
costs of personnel and equipment)—
U.S. $0.10.
(ii) Per copy prepared by any other
method of duplication—actual direct
cost of production.
(c) Review fees. GSA shall charge
review fees to requesters who make
commercial use requests. Review fees
shall be assessed based upon the initial
review of the record (i.e., the review
conducted by GSA to determine
whether an exemption applies to a
particular record or portion of a record).
No charge shall be made for review
during 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 GSA or
another agency’s secondary 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
enumerated in the fee schedule of this
section.
§ 105–60.803
fees.
Restrictions on charging
(a) When GSA determines that a
requester is an educational institution,
noncommercial scientific institution, or
representative of the news media, and
that the records are not sought for
commercial use, GSA shall not charge
search fees.
(b) If GSA fails to comply with the
time limits in which to respond to a
request for agency records under FOIA,
it will not charge search fees, or in the
instances of requests from requesters
described in paragraph (a) of this
section, may not charge duplication
fees, except as described in paragraphs
(b)(1) through (3) of this section. GSA
will charge duplication fees in
accordance with § 105–60.802(b)(1)
through (3) of this subpart.
E:\FR\FM\29JAR1.SGM
29JAR1
Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
(1) If GSA has determined that
unusual circumstances, as defined by
FOIA, apply and the agency provided
timely written notice to the requester in
accordance with FOIA, a failure to
comply with the time limit shall be
excused for an additional 10 business
days.
(2) If GSA has determined that
unusual circumstances, as defined by
the FOIA, apply and that more than
5,000 pages are necessary to respond to
the request, GSA 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. GSA shall
have provided timely written notice of
unusual circumstances to the requester
in accordance with FOIA and GSA shall
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 component may charge all
applicable fees incurred in the
processing of the request.
(3) If a court has determined that
exceptional circumstances exist, as
defined by FOIA, a failure to comply
with the time limits shall be excused for
the length of time provided by the court
order.
(c) No search or review fees shall be
charged for a half-hour period unless
5145
more than half of that period is required
for search or review.
(d) Except for requesters seeking
records for a commercial use, GSA shall
provide without charge:
(1) The first 100 pages of duplication
(or the cost equivalent for other media);
and
(2) The first 2 hours of search time.
(e) No fee shall be charged when the
total fee, after deducting the 100 free
pages (or its cost equivalent) and the
first 2 hours of search, is equal to or less
than $49.00.
§ 105–60.804
Fee schedule.
Table 1 to § 105–60.804 outlines the
basic fee categories and applicable fees:
TABLE 1 TO § 105–60.804—FEE REQUESTER CATEGORY TABLE
Requester category
Search fees
Review fees
Duplication fees
Amount
(a) Commercial use requester.
Yes ................
Yes ................
$49.00/hour plus applicable duplication
costs.
(b) Educational and
noncommercial scientific institutions.
No ..................
No ..................
(c) Representative of
news media.
No ..................
No ..................
(d) All other requesters
Yes (first 2
hours without charge).
No ..................
Yes, first 100 pages, or equivalent volume without charge.
Then, U.S. $0.10. per copy of each page (not larger
than 8.5 x 14 inches) reproduced by photocopy or similar means (includes costs of personnel and equipment)—OR, per copy prepared by any other method of
duplication—actual direct cost of production.
Yes, first 100 pages, or equivalent volume without charge.
Then, U.S. $0.10. per copy of each page (not larger
than 8.5 x 14 inches) reproduced by photocopy or similar means (includes costs of personnel and equipment)—OR, per copy prepared by any other method of
duplication—actual direct cost of production.
Yes, first 100 pages, or equivalent volume without charge.
Then, U.S. $0.10. per copy of each page (not larger
than 8.5 x 14 inches) reproduced by photocopy or similar means (includes costs of personnel and equipment)—OR, per copy prepared by any other method of
duplication—actual direct cost of production.
Yes, first 100 pages, or equivalent volume without charge.
Then, U.S. $0.10. per copy of each page (not larger
than 8.5 x 14 inches) reproduced by photocopy or similar means (includes costs of personnel and equipment)—OR, per copy prepared by any other method of
duplication—actual direct cost of production.
lotter on DSKBCFDHB2PROD with RULES
Note 1 to § 105–60.804: GSA’s calculated
hourly rate for manual search, computer
operator/programmer time, and employee
time spent reviewing records is set at a flat
rate of 49.00 per hour. GSA charges for these
FOIA services by the hour at $49.00 and half
hour at $24.50.
Note 2 to § 105–60.804: The fee schedule
of this section does not apply to fees charged
under any statute that specifically requires
GSA 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, GSA
shall inform the requester of the contact
information for that program.
Note 3 to § 105–60.804: If GSA utilizes a
contractor or agency personnel outside of the
FOIA Requester Service Center to perform
any services described in this subpart, the
standard fee is based on the equivalent
hourly rates.
VerDate Sep<11>2014
15:53 Jan 28, 2020
Jkt 250001
§ 105–60.805
Anticipated fees.
(a) When GSA determines or
estimates that the fees to be assessed in
accordance with this section shall
exceed $49.00, the agency shall 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 via writing. If
only a portion of the fee can be
estimated readily, GSA shall advise the
requester accordingly. If the request is
not for noncommercial use, the notice
shall 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, 2 hours of search time at no charge,
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
Eligible requesters not
subject to fees other
than duplication
costs.
Eligible requesters not
subject to fees other
than duplication
costs.
$49.00/hour plus applicable duplication
costs.
and shall advise the requester whether
those entitlements have been provided.
(b) If GSA notifies the requester that
the actual or estimated fees are in excess
of $49.00, the request shall not be
considered received and further work
shall 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
shall provide the commitment/or
designate an exact dollar amount in
writing the requester is willing to pay.
E:\FR\FM\29JAR1.SGM
29JAR1
lotter on DSKBCFDHB2PROD with RULES
5146
Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
GSA is not required to accept payments
in installments.
(c) If the requester has indicated a
willingness to pay some designated
amount of fees, but the agency estimates
that the total fee shall exceed that
amount, GSA shall 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. GSA
shall inquire whether the requester
wishes to revise the amount of fees the
requester is willing to pay or modify the
request. Once the requester submits the
new estimated fee, the time to respond
shall resume from where it was at the
date of the notification.
(d) GSA’s FOIA Public Liaison and
other FOIA professionals shall be
available to assist any requester in
reformulating a request to meet the
requester’s needs at a lower cost.
(e) Although not required to provide
special services, if GSA chooses to do so
as a matter of administrative discretion,
the direct costs of providing the service
shall 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.
(f) GSA may charge interest on any
unpaid bill starting on the 31st day
following the date the requester is first
billed. Interest charges shall be assessed
at the rate provided in 31 U.S.C. 3717
and shall accrue from the billing date
until payment is received by the agency.
GSA shall follow the provisions of the
Debt Collection Act of 1982 (Public Law
97–365, 96 Stat. 1749), as amended, and
its administrative procedures, including
the use of consumer reporting agencies,
collection agencies, and offset.
(g) When GSA reasonably believes
that a requester or a group of requesters
acting in concert are attempting to
divide a single request into a series of
requests for the purpose of avoiding
fees, GSA may aggregate those requests
and charge accordingly. GSA may
presume that multiple requests of this
type made within a 30-day period have
been made in order to avoid fees. For
requests separated by a longer period,
GSA shall 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
cannot be aggregated.
§ 105–60.806
Advanced payments.
(a) For requests other than those
described in this subpart, GSA cannot
require the requester to make an
VerDate Sep<11>2014
15:53 Jan 28, 2020
Jkt 250001
advance payment before work is
commenced or 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.
(b) When GSA determines or
estimates that a total fee to be charged
under this section shall 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. GSA
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.
(c) Where a requester has previously
failed to pay a properly charged FOIA
fee to GSA within 30 calendar days of
the billing date, GSA may require that
the delinquent requester pay the full
amount due, plus any applicable
interest on that prior request, and
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. If GSA 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.
(d) In cases in which GSA requires
advance payment, the request shall not
be considered received and further work
shall not be completed until the
required payment is received. If the
requester does not pay the advance
payment within 10 business days after
the date of GSA’s fee determination, the
request shall be closed.
§ 105–60.807
reductions.
Fee waivers and fee
(a) Requests for a fee waiver shall be
made when the FOIA request is first
submitted to the agency 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
being reviewed per an 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 pay any costs incurred
up to the date the fee waiver request
was received.
(b) Requirements for waiver or
reduction of fees:
(1) Requesters may seek a waiver of
fees by submitting a written rationale as
to how disclosure of the requested
information is in the public interest
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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;
and
(2) GSA shall furnish records
responsive to a request without charge
or at a reduced rate when it determines,
based on all available information, that
the factors described in paragraphs
(b)(2)(i) through (iii) of this section are
satisfied:
(i) Disclosure of the requested
information would shed light on the
operations or activities of the
Government. The subject of the request
shall concern identifiable operations or
activities of the Federal Government
with a connection that is direct and
clear, not remote or attenuated; and
(ii) Disclosure of the requested
information is likely to contribute
significantly to public understanding of
those operations or activities. This
factor is satisfied when the following
criteria are met; and
(A) Disclosure of the requested
records shall 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 shall 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 shall be
considered. GSA shall presume that a
representative of the news media shall
satisfy this consideration;
(iii) The disclosure shall 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, GSA shall consider the
following criteria:
(A) GSA shall identify 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 shall be
given an opportunity to provide
explanatory information regarding this
consideration.
(B) If there is an identified
commercial interest, GSA shall
determine whether that is the primary
interest furthered by the request. A
E:\FR\FM\29JAR1.SGM
29JAR1
Federal Register / Vol. 85, No. 19 / Wednesday, January 29, 2020 / Rules and Regulations
waiver or reduction of fees is justified
when the requirements of paragraphs
(b)(2)(i) and (ii) of this section are
satisfied and any commercial interest is
not the primary interest furthered by the
request. GSA ordinarily shall presume
that, when a news media requester has
satisfied factors in paragraph (b)(1) of
this section and this paragraph (b)(2),
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
shall not be presumed to primarily serve
the public interest.
(c) Where only some of the records to
be released satisfy the requirements for
a fee waiver, a waiver shall be granted
for those records.
Subpart K—Other Rights and Services
§ 105–60.900
Coda.
Nothing in this subpart 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. 2020–00057 Filed 1–28–20; 8:45 am]
BILLING CODE 6820–FM–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 73
[AU Docket No. 19–290; DA 19–1256; DA
19–1265]
Auction of FM Broadcast Construction
Permits Scheduled for April 28, 2020;
Notice of Filing Requirements,
Minimum Opening Bids, Upfront
Payments, and Other Procedures for
Auction 106; Auction 106 Freeze
Announced for FM Minor Change
Applications
Federal Communications
Commission.
ACTION: Final action; requirements and
procedures.
AGENCY:
This document summarizes
public notices that announce the
procedures and upfront payments
amounts and minimum opening bids for
the auction of certain FM broadcast
construction permits as well as a
temporary freeze on the filing of minor
change applications for FM stations.
The Auction 106 Procedures Public
Notice summarized here is intended to
familiarize applicants with the
procedures and other requirements for
participation in Auction 106.
DATES: Applications to participate in
Auction 106 must be submitted before 6
lotter on DSKBCFDHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:53 Jan 28, 2020
Jkt 250001
p.m. Eastern Time (ET) on February 11,
2020. FM commercial and
noncommercial educational minor
change applications may not be filed
during a period starting on January 29,
2020, and ending on February 11, 2020.
Upfront payments for Auction 106 must
be received by 6 p.m. ET on March 20,
2020. Bidding in Auction 106 is
scheduled to start on April 28, 2020.
FOR FURTHER INFORMATION CONTACT: For
auction legal questions, Lynne Milne or
Daniel Habif in the OEA Auctions
Division at (202) 418–0660. For general
auction questions, the Auction Hotline
at (717) 338–2868. For FM Broadcast
service questions, Lisa Scanlan, Thomas
Nessinger, or James Bradshaw in the MB
Audio Division at (202) 418–2700. To
request materials in accessible formats
(Braille, large print, electronic files, or
audio format) for people with
disabilities, send an email to fcc504@
fcc.gov or call the Consumer and
Governmental Affairs Bureau at (202)
418–0530 or (202) 418–0432 (TTY).
SUPPLEMENTARY INFORMATION: This is a
summary of the Auction 106 Procedures
Public Notice, released on December 13,
2019, and the Auction 106 Freeze Public
Notice, also released on December 13,
2019. The complete text of the Auction
106 Procedures Public Notice, including
attachments and any related document,
and the complete text of the Auction
106 Freeze Public Notice are available
for public inspection and copying from
8 a.m. to 4:30 p.m. ET Monday through
Thursday or from 8 a.m. to 11:30 a.m.
ET on Fridays in the FCC Reference
Information Center, 445 12th Street SW,
Room CY–A257, Washington, DC 20554.
These public notices and related
documents also are available on the
internet at the Commission’s website:
www.fcc.gov/auction/106, or by using
the search function for DA 19–1256 or
DA 19–1265 on the Commission’s
EDOCS web page at https://www.fcc.gov/
edocs/.
I. General Information
1. Construction Permits in Auction
106. Auction 106 will offer 130
construction permits in the FM
broadcast service for 130 new FM
allotments, including 34 construction
permits that were offered but not sold or
were defaulted upon in prior auctions.
These construction permits are for
vacant FM allotments, reflecting FM
channels added to the Table of FM
Allotments pursuant to the
Commission’s established rulemaking
procedures, and assigned at the
indicated communities specified in 47
CFR 73.202(b). Attachment A of the
Auction 106 Procedures Public Notice
PO 00000
Frm 00019
Fmt 4700
Sfmt 4700
5147
lists the reference coordinates for each
vacant FM allotment offered in Auction
106. Each Auction 106 applicant may
submit in its FCC Form 175 a set of
preferred site coordinates for any of its
selected construction permits as an
alternative to the reference coordinates
for that vacant FM allotment.
2. The set of construction permits
listed in Attachment A of the Auction
106 Procedures Public Notice is
unchanged from the list of construction
permits that were proposed for this
auction in the Auction 106 Comment
Public Notice. Two commenters request
the addition of specific construction
permits in Auction 106. Those requests
cannot be granted because the
underlying allotments must first be
added to the Table of Allotments
through separate administrative
processes. Likewise, a third
commenter’s request to delete a specific
allocation from the Table of Allotments
cannot be granted because it is beyond
the scope of this proceeding.
3. Pursuant to the policies established
in the Broadcast Competitive Bidding
Order, applicants may apply for any
vacant FM allotment listed in
Attachment A. If two or more \FCC
Forms 175 specify the same FM
allotment in Auction 106, mutual
exclusivity exists for auction purposes,
and that construction permit must be
awarded by competitive bidding
procedures. Once mutual exclusivity
exists for auction purposes, even if only
one applicant is qualified to bid for a
particular construction permit in
Auction 106, that applicant is required
to submit a bid in order to obtain the
construction permit.
4. Media Bureau Freeze Public Notice.
Pursuant to the Auction 106 Freeze
Announced for FM Minor Change
Applications Public Notice, DA 19–1265
(Dec. 13, 2019), the Media Bureau (MB)
will not accept FM commercial and
noncommercial educational (NCE)
minor change applications filed during
the Auction 106 short-form application
(FCC Form 175) filing window. This
freeze ensures that there will not be a
mutual exclusivity conflict between
stations proposed in an Auction 106
Form 175 and a minor change
application. Accordingly, this freeze
promotes a more certain and speedier
auction process.
5. Auction Dates and Deadlines. The
following dates and deadlines apply:
Auction Tutorial Available (via
internet): by January 22, 2020
FCC Form 175 Initial Filing Window
Opens: January 29, 2020, 12:00 noon
ET
FCC Form 175 Initial Filing Deadline:
February 11, 2020, 6:00 p.m. ET
E:\FR\FM\29JAR1.SGM
29JAR1
]]>Agencies
[Federal Register Volume 85, Number 19 (Wednesday, January 29, 2020)]
[Rules and Regulations]
[Pages 5137-5147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00057]
[[Page 5137]]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 105-60
[GSPMR Case 2016-105-1; Docket No. 2016-0004, Sequence No. 1]
RIN 3090-AJ74
Public Availability of Agency Records and Informational Materials
AGENCY: Office of Administrative Services (OAS), General Services
Administration (GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: GSA is amending the General Services Administration's
regulations implementing the Freedom of Information Act (FOIA). The
regulations are being updated to incorporate changes brought about by
the amendments to FOIA under both statutory and nonstatutory
authorities. Specifically, this rule amends GSA's regulations under
FOIA to incorporate certain changes made to FOIA by the FOIA
Improvement Act of 2016. Additionally, the regulations are being
updated to reflect developments in case law, recent guidance from the
Department of Justice--Office of Information Policy for processing FOIA
requests, technological advancements in how the FOIA is administered,
and to update the cost figures used in calculating and charging search/
or review fees. Finally, the revisions to the rule increase the amount
of information that members of the public may receive from the agency
without being charged processing fees through proactive agency
disclosures.
DATES: Effective: February 28, 2020.
FOR FURTHER INFORMATION CONTACT: Mr. Travis S. Lewis, Director of GSA,
OAS, Freedom of Information Act Requester Service Center, at 202-219-
3078 or via email at [email protected] for clarification of content.
For information pertaining to status or publication schedules, contact
the Regulatory Secretariat Division at 202-501-4755. Please cite GSPMR
Case 2016-105-1.
SUPPLEMENTARY INFORMATION:
I. Background
GSA published a proposed rule in the Federal Register at 83 FR
28592 on June 20, 2018, to amend the General Services Administration
rule to regulations implementing the Freedom of Information Act (FOIA).
The FOIA provides that any person has a right, enforceable in
Federal court, to obtain access to Federal agency records, except to
the extent that such records (or portions of them) are protected from
public disclosure by one of nine exemptions or by one of three special
law enforcement record exclusions. FOIA thus established a statutory
right of public access to Executive Branch information in the Federal
Government. Part 105-60 of 41 CFR establishes the policies,
responsibilities, and procedures for the release of GSA records that
are under the jurisdiction of GSA to members of the public. These
regulations apply to information found in all GSA agency organizations
and components.
This final rule revises GSA's regulations under the FOIA to address
changes to the language of several procedural provisions and to
incorporate certain changes brought about by the amendments to FOIA
under the FOIA Improvement Act of 2016 Public Law 114-185, 130 Stat.
538 (June 30, 2016).
The final rule also incorporates changes to the language and
structure of the current GSA regulations enumerated in 41 CFR part 105-
60 to achieve the aforementioned updates. Please note that the final
rule that applies to GSA's FOIA Fee Schedule can be found in Subpart
J--Fees. The revisions also increase the amount of information that
members of the public may receive from the agency without being charged
processing fees through proactive disclosures of agency records online
in the GSA FOIA Reading Room.
The FOIA Improvement Act of 2016 provides that agencies shall allow
a minimum of 90 days for requesters to file an administrative appeal.
The Act also requires that agencies notify requesters of the
availability of dispute resolution services at various times throughout
the FOIA process. Finally, the Act codifies the ``foreseeable harm''
standard. Additionally, GSA's FOIA regulations are being updated to
reflect developments in case law, technological changes in the
administration of FOIA, executive guidance from the Department of
Justice, other non-statutory authorities such as Presidential Executive
Orders, including current cost figures to be used in calculating and
charging fees.
II. Discussion and Analysis
GSA has reviewed the public comments in the development of the
final rule. A discussion of the comments is provided as follows:
A. Summary of Significant Changes
There were no significant changes as a result of the comments
received.
B. Analysis of Public Comments
Comment: The first respondent expressed that GSA should remove its
references to the Office of Management and Budget's (OMB) Uniform
Freedom of Information Act Fee Schedule and Guidelines (``OMB
Guidelines'') as both an authority for interpreting the FOIA and GSA's
implementing regulations, because the OMB Guidelines are now outdated.
Response: Per the Freedom of Information Reform Act of 1986 (Pub.
L. 99-570), all federal agencies subject to the FOIA are required to
promulgate regulations implementing the FOIA's amended fee and fee
waiver provisions reflecting the OMB Guidelines. To date, there has not
been a statutory amendment to the Freedom of Information Reform Act of
1986 (Pub. L. 99-570) nor any case precedent which has eliminated GSA's
requirement to promulgate regulations implementing the FOIA's amended
fee and fee waiver provisions reflecting the OMB Guidelines. GSA will
continue to implement the OMB Guidelines accordingly.
Comment: The second respondent expressed that streamlining the
National Environmental Policy Act (NEPA) via a time/or page limit on
NEPA documents will just create the need for more administrative
paperwork and project management costs as government decision-makers
struggle to meet these new requirements. This will thus divert time
from the more important work of thinking about and discussing proposed
NEPA related projects.
Response: Responder's comment does not make mention of nor concerns
GSA's FOIA regulations. This comment is not germane to GSA.
III. Executive Orders 12866 and 13563--Regulatory Review
Executive Orders (E.O.) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
[[Page 5138]]
IV. Executive Order 13771
This rule is not subject to E.O. 13771, because this rule is not a
significant regulatory action under E.O. 12866.
V. Regulatory Flexibility Act
This final rule will not have a significant economic impact on a
substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This final rule is
also exempt from the Administrative Procedure Act per 5 U.S.C.
553(a)(2), because it applies to agency management or personnel.
VI. Small Business Regulatory Enforcement Fairness Act
This final rule is also exempt from Congressional review prescribed
under 5 U.S.C. 801 since it relates solely to agency management and
personnel.
VII. Paperwork Reduction Act
This final rule does not contain any information collection
requirements that require approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35).
VIII. 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
million 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.
List of Subjects in 41 CFR Part 105-60
Administrative practice and procedure, Records, Information,
Confidential business information, Freedom of Information Act, Privacy
Act.
Dated: December 23, 2019.
Emily W. Murphy,
Administrator.
0
For the reasons stated in the preamble, GSA revises 41 CFR part 105-60
to read as follows:
PART 105-60--PUBLIC AVAILABILITY OF AGENCY RECORDS AND
INFORMATIONAL MATERALS
Sec.
Subpart A--General Policy
105-60.000 Scope of part.
105-60.001 General policy.
Subpart B--Proactive Disclosures
105-60.100 Public availability of information.
Subpart C--Requirements for Making Requests
105-60.200 Making a request.
105-60.201 Description of records sought.
Subpart D--Responding to Requests
105-60.300 Responsibility for responding to requests.
105-60.301 Acknowledging FOIA request
105-60.302 Responding to FOIA requests.
105-60.303 Consolation, referral, and coordination
105-60.304 Time requirements to respond to FOIA requests.
105.60.305 Unusual circumstances.
105.60.306 Expedited processing.
Subpart E--Acknowledging the FOIA Request
105-60.400 Applying FOIA exemptions.
Subpart F--Final Responses to the FOIA Request
105-60.500 Final response procedures and rules.
Subpart G--Handling Confidential Commercial Information
105-60.600 Procedural and lawful considerations.
105-60.601 Submitter's opportunity to object to disclosure.
Subpart I--Appeals
105-60.700 Submitting an appeal.
105-60.701 Adjudication of appeals.
105-60.702 Requirements to preserve FOIA records.
Subpart J--Fees
105-60.800 General provisions.
105-60.801 Definitions pertaining to fee assessments.
105-60.802 Fees to be charged.
105-60.803 Restrictions on charging fees.
105-60.804 Fee Schedule.
105-60.805 Anticipated fees.
105-60.806 Advanced payments.
105-60.807 Fee waivers and fee reductions.
Subpart K--Other Rights and Services
105-60.900 Coda.
Authority: 5 U.S.C. 301 and 552; 40 U.S.C. 486(c).
Subpart A--General Policy
Sec. 105-60.000 Scope of part.
This part contains the rules that the U.S. General Services
Administration, hereinafter GSA, 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 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
in accordance with Privacy Act regulations as well as under this part.
Sec. 105.60.001 General policy.
(a) In compliance with the Freedom of Information Act (FOIA), as
amended 5 U.S.C. 552, a positive and continuing obligation exists for
GSA to make available to the fullest extent practicable upon request by
members of the public, all records and informational materials that are
generated, maintained, and controlled by GSA.
(b) This subpart also covers exemptions from disclosure of these
records; procedures for the public to inspect or obtain copies of GSA
records.
(c) The regulations promulgated in this subpart are consistent with
amendments to 5 U.S.C. 552a as well as other applicable Federal laws
germane to disclosure of information to the public.
(d) This subpart applies to all GSA organizations, portfolios,
business lines, regional offices and components. The aforementioned
units may establish additional rules for processing FOIA requests due
to unique program requirements; however, such rules shall be consistent
with these rules and have the concurrence of the GSA Administrator and
GSA Chief FOIA Officer.
(e) Any internal GSA policies or procedures inconsistent with the
policies and procedures promulgated in this subpart are superseded by
this subpart to the extent of that inconsistency.
(f) This subpart does not entitle any person to any service or to
the disclosure of any GSA records that are not required to be disclosed
under the FOIA.
Subpart B--Proactive Disclosures
Sec. 105-60.100 Public availability of information.
Records that FOIA in 5 U.S. Code section 552(a)(2) requires GSA to
make available for public inspection in an electronic format can be
accessed via GSA's website at www.gsa.gov. Additionally, the GSA FOIA
Reading Room, and the FOIA Online System. GSA is responsible for
determining which of its records shall be made publicly available, for
identifying additional records of interest to the public that are
appropriate for public disclosure, and for posting and indexing such
records. These records shall be made available electronically via the
GSA FOIA Reading Room. GSA shall ensure that its online FOIA Library of
posted records and indices is reviewed and updated on an ongoing basis.
GSA maintains a FOIA Requester Service Center, the office that oversees
FOIA requests for all of GSA, and a FOIA
[[Page 5139]]
Public Liaison to assist individuals in locating records particular to
an agency. A list of agency FOIA Public Liaisons is available at:
https://www.foia.gov/.
Subpart C--Requirements for Making Requests
Sec. 105-60.200 Making a request.
(a) To make a request for GSA records, a requester shall file their
request to the GSA FOIA Requester Service Center via one of the
following, via the FOIAonline website: (https://foiaonline.gov/foiaonline/action/public/home). From FOIAonline you can submit FOIA
requests to GSA and other participating FOIAonline agencies, track the
status of requests, search for requests submitted by others, access
previously released records, and generate agency-specific FOIA
processing reports.
(b) If it is not reasonably possible for a requester to submit an
electronic request via FOIAonline, the requester shall submit their
request via U.S. Mail to the following address: GSA FOIA Requester
Service Center (H3), Room 7308, 1800 F Street NW, Washington, DC 20405.
Fax: 202-501-2727. Alternatively, a FOIA requester may email its FOIA
request to [email protected] (Subject: FOIA Request via Email).
(c) FOIA request description requirements:
(1) The requester shall provide the following items of contact
information when submitting a request to GSA:
(i) Full name with honorific (Mr., Ms., Mrs., Dr., etc.);
(ii) Complete mailing address; and
(iii) Telephone number.
(2) This requirement is applicable to both FOIA requests submitted
electronically and via U.S. mail, respectively.
(3) Although it is not a mandatory requirement, GSA also recommends
the requester provide a personal/business email address for remittance
as well.
(d) A requester who is making a request for records about himself
or herself shall comply with the verification of identity requirements
as specified in paragraph (e) of this section.
(e) Where a request for records pertains to another individual, a
requester may receive access to the requested records by submitting:
Either a notarized authorization signed by the individual permitting
that he or she explicitly grants access to the requested records
pursuant to the requirements set forth in 28 U.S.C. 1746 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, GSA can require a requester to supply additional
information such as a Certification of Identity Form in order to
sufficiently verify the individual submitting the request and/or also
verify that a particular individual has consented to disclosure.
Sec. 105-60.201 Description of records sought.
(a) Requesters shall describe the records sought in sufficient
detail to enable GSA personnel to locate them with a reasonable amount
of effort. To the extent possible, requesters should include the
following information in their FOIA request, which may help GSA
identify the requested records the date/timeframe the requested
information was created or occurred, title or name, author, recipient,
subject matter of the record, case number, file designation, contract
number, leasing identification number, or reference number and if
known, the component of GSA housing the records.
(b) Before submitting a FOIA request, requesters may contact the
GSA FOIA Requester Service Center or GSA FOIA Public Liaison to discuss
the records they seek and to receive assistance in describing the
records. If after receiving a request, GSA determines that it does not
reasonably describe the records sought, GSA shall inform the requester
what additional information is needed or why the request is otherwise
insufficient. Requesters who are attempting to reformulate or modify
such a request may discuss their request with their assigned Government
Information Specialist or FOIA Public Liaison. If a request does not
reasonably describe the records sought, GSA's response to the request
may be delayed.
(c) In order to efficiently respond to FOIA requests within the
required 20-business-day timeframe per 5 U.S.C. 552(a)(6)(A), GSA may
close an unperfected request 10 business days after GSA notifies the
requester of the information needed to perfect the request. If the
request does not reasonably describe the records sought, it is
unperfected. A perfected FOIA request is a FOIA request for records
that adequately describes the records sought, is made in accordance
with GSA's regulations, has been received by the GSA FOIA Requester
Service center, and for which there is no remaining question about the
payment or amount of applicable fees.
(d) Requesters may specify whether they prefer to receive paper
copies of the records or receive the records electronically. GSA shall
accommodate the request if the record is readily reproducible in the
requested form.
Subpart D--Responding to Requests
Sec. 105-60.300 Responsibility for responding to FOIA requests.
(a) The GSA FOIA Requester Service Center is responsible for
managing all requests for records submitted to GSA from initial receipt
of the FOIA request through the agency's final decision to release in
whole or in part, or withhold the requested records.
(b) Upon receiving a request for records, the GSA FOIA Requester
Service Center shall determine whether the requested records reside
within GSA. If GSA does not have ownership of the requested records,
the GSA FOIA Requester Service Center shall make a good faith effort to
redirect the requester to the appropriate record location or/entity
that has control and ownership of the requested record, if known.
(c) If GSA has possession of the requested records, the FOIA
Requester Service Center shall work in coordination with the
appropriate GSA component/or program office to fulfill the FOIA request
in accordance with 5 U.S.C. 552.
Sec. 105-60.301 Acknowledging FOIA requests.
(a) To the extent practicable, GSA shall communicate with
requesters electronically via the FOIAonline web portal and/or email.
(b) Upon receipt of a request, GSA shall send requesters an
acknowledgement letter within 2 business days containing a brief
description of the records sought so requesters may more easily keep
track of their requests.
(c) When a request is submitted via FOIAonline, the system
automatically generates a tracking number, which allows for easy
identification of each request. This tracking number shall be included
in the acknowledgement letter.
(d) When GSA receives a request not directly entered by the
requester into FOIAonline (i.e., email, fax, standard mail, etc.) the
FOIA Requester Service Center shall immediately upload the request into
the FOIAonline system and it shall be assigned a tracking number that
shall be communicated to the requester.
Sec. 105-60.302 Responding to FOIA requests.
(a) GSA shall provide an estimated date by which the agency expects
to provide a response to the requester. If a request involves a
voluminous amount of material or searches in multiple locations, GSA
may provide an interim
[[Page 5140]]
response, meaning the agency releases the records on a rolling basis as
the records are located and verified.
(b) In determining which records are responsive to a request, the
agency shall include only the records in its possession as of the date
the agency receives the perfected FOIA request. If any other date is
used, GSA shall inform the requester accordingly. A record that is
excluded from the requirements of the FOIA pursuant to 5 U.S.C. 552(c)
is not considered responsive to a request.
(c) Pursuant to 5 U.S.C. 552, GSA is not required to perform the
following in response to a FOIA request:
(1) Answer questions or interrogatories posed as FOIA requests;
(2) Issue guidance/or opinions;
(3) Analyze and/or interpret documents for a requester;
(4) Create records;
(5) Conduct research; or
(6) Initiate investigations.
(d) The GSA Administrator and GSA Chief FOIA Officer and/or their
assigned delegates are authorized to grant or deny any requests for
records or portions thereof that are generated, maintained, or
controlled by GSA.
Sec. 105-60.303 Consultation, referral, and coordination.
(a) All consultations and referrals received by GSA shall be
handled according to the date the other agency received the perfected
FOIA request.
(b) GSA may establish agreements with other agencies to eliminate
the need for consultations or referrals with respect to particular
types of records.
(c) When GSA is reviewing records located in response to a FOIA
request, GSA shall determine whether another agency of the Federal
Government is better able to determine if the records are releasable
under the FOIA. As to any such record, GSA shall proceed in one of the
following ways:
(1) Consultation. When GSA receives a request for records that
either originated with another agency or is a GSA record that includes
information that originated with another agency, GSA should typically
consult with that other agency prior to making a release determination.
(2) Referral. (i) Whenever GSA receives a request for records that
are known to be the primary responsibility of another agency, GSA shall
refer the responsibility for responding to the request regarding
records to that agency. Ordinarily, the agency that created the records
is presumed to be the best agency to make the disclosure determination.
However, if GSA and the originating agency jointly agree that GSA is in
the best position to respond regarding the record, then the responsive
record(s) may be handled as a consultation.
(ii) Whenever GSA refers any part of the responsibility for
responding to a record request to another agency, GSA shall maintain
documentation that the referral to the other agency has occurred, and
shall notify the requester of the referral. The notification to the
requester shall include both the name of the agency to which the record
request was referred and the contact information for the agency's FOIA
office/or personnel.
(iii) This referral procedure is not appropriate where disclosure
of the identity of the agency to which the referral would be made could
reasonably harm an interest protected by an applicable exemption, such
as the exemptions that protect personal privacy or national security
interests. If a non-law enforcement agency responding to a request for
records on a living third party locates within its files records
originating with a law enforcement agency, and if the existence of that
law enforcement interest in the third party was not publicly known,
then to disclose that law enforcement interest could cause an
unwarranted invasion of the personal privacy of the third party.
Similarly, if GSA locates a record that originates with an intelligence
community agency, and the involvement of that agency in the matter is
classified and not publicly acknowledged, then to disclose or give
attribution to the involvement of that Intelligence Community agency
could cause national security harms. Records meeting these criteria
shall be treated as a consultation.
(iv) In such instances, in order to avoid a harm to an interest
protected by an FOIA applicable exemption, GSA 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 GSA.
(4) Classified information. (i) On receipt of any request involving
classified information, GSA shall 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, GSA shall refer request for
records to the agency that classified the information or that should
consider the information for classification.
(ii) Whenever GSA's records contain information that has been
derivatively classified (i.e., it contains information classified by
another agency), GSA shall refer the responsibility for responding to
that portion of the request to the agency that classified the
information.
Sec. 105-60.304 Time requirements to respond to FOIA requests.
(a) Upon receipt of perfected request via U.S. mail, email, or
facsimile, the GSA FOIA Requester Service Center shall begin processing
the request for records. Pursuant to 5 U.S.C. 552(a)(6)(A)(i), GSA has
20 business days (excluding Saturdays, Sundays, and Federal holidays)
to inform the requester of the agency's determination with respect to
the request for records, unless in the alternative, the agency has
negotiated a different timeframe based on scope and level of effort to
prepare the FOIA request response. If a requester does not receive a
response to their perfected FOIA request within the statutory timeframe
requester may seek judicial review in the U.S. District Court in the
district in which the requester resides or has a principal place of
business, or where the records are situated, or in the U.S. District
Court for the District of Columbia.
(b) GSA shall to the greatest extent practicable respond to FOIA
requests by order of receipt of the requests.
(c) GSA shall designate a specific track for requests that are
granted expedited processing, in accordance with the standards set
forth in this subpart. GSA 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 GSA may consider are the number of records requested,
the number of pages involved in processing the request, and the need
for consultations or referrals. GSA shall advise requesters of the
track into which their request falls upon request, and when
appropriate, offer the requester an opportunity to narrow the scope
and/or modify their requests.
(d) GSA may aggregate requests in cases where it reasonably appears
that multiple requests for records were submitted either by a requester
or by a group of requesters acting in concert for the same, or similar
information to ensure it is fulfilled in a timely manner. GSA cannot
aggregate multiple requests for unrelated subject matters.
[[Page 5141]]
Sec. 105-60.305 Unusual circumstances.
Whenever GSA cannot meet the statutory time limit for processing a
request because of ``unusual circumstances,'' as defined at 5 U.S.C.
552(a)(6)(A)(iii), GSA shall, before expiration of the 20-day statutory
time period to respond to a request for records, notify the requester
in writing of the unusual circumstances involved and of the date by
which GSA estimates the processing of the request shall be completed.
Where the extension of time is anticipated to exceed 10 business days,
GSA shall provide the requester with an opportunity to modify the
request or arrange an alternative time period for processing the
original or modified request. GSA shall make available its FOIA Public
Liaison for this purpose. GSA shall also alert requesters to the
availability of the Office of Government Information Services (OGIS) to
provide dispute resolution services.
Sec. 105-60.306 Expedited processing.
(a) A request for expedited processing may be made at any time. In
order to qualify for consideration for expedited processing, the
request shall reasonably describe the records sought. Expedited
requests should be described in sufficient detail to facilitate
expedited processing.
(b) A requester who seeks expedited processing shall submit a
statement with their FOIA request, certified to be true and correct,
explaining in detail the basis for making the request for expedited
processing as described in paragraphs (c)(1) through (4) of this
section. As a matter of administrative discretion, GSA may waive the
formal certification requirement.
(c) GSA may process requests and appeals on an expedited basis
whenever it is determined that they involve:
(1) 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;
(2) 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; or
(3) The loss of substantial due process rights; or
(4) A matter of widespread and exceptional media interest in which
there exist possible questions about the Government's integrity that
affect public confidence.
(d) GSA shall notify the requester within 10 calendar days of its
receipt of a request for expedited processing and 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 processed as soon as
practicable. If a request for expedited processing is denied, GSA shall
act on any appeal of that decision within 3 business days.
Subpart E--Acknowledging the FOIA Request
Sec. 105-60.400 Applying FOIA exemptions.
(a) 5 U.S.C. 552(b)(1)-(9) of the Freedom of Information Act
provides that the disclosure requirements of FOIA do not apply to
matters that are:
(1) Specifically authorized under the criteria established by an
executive order to be kept secret in the interest of national defense
or foreign policy and are in fact properly classified pursuant to such
executive order (see Executive Order No. 13,526);
(2) Related solely to the internal personnel rules and practices of
an agency;
(3) Specifically exempted from disclosure by statute other than 5
U.S.C. 552(b)(1)-(9), provided that such statute:
(i) Requires that the matters be withheld from the public in such a
manner as to leave no discretion on the issue;
(ii) Establishes particular criteria for withholding or refers to
particular types of matters to be withheld;
(4) Trade secrets and commercial or financial information that
could harm the competitive posture or business interests of a company;
(5) Interagency or intra-agency memorandums or letters that would
not be available by law to a party other than an agency in litigation
with the agency, provided that the deliberative process privilege shall
not apply to records created 25 years or more before the date on which
the records were requested;
(6) Personnel and medical files and similar files the disclosure of
which would constitute a clearly unwarranted invasion of personal
privacy;
(7) Records or information compiled for law enforcement purposes,
but only to the extent that the production of such law enforcement
records or information:
(i) Could reasonably be expected to interfere with enforcement
proceedings;
(ii) Would deprive a person of a right to a fair trial or an
impartial adjudication;
(iii) Could reasonably be expected to constitute an unwarranted
invasion of personal privacy;
(iv) Reasonably be expected to disclose the identity of a
confidential source, including a State, local, or foreign agency or
authority or any private institution that furnished information on a
confidential basis, and, in the case of a record or information
compiled by a criminal law enforcement authority in the course of a
criminal investigation or by an agency conducting a lawful national
security intelligence investigation, information furnished by a
confidential source;
(v) Would disclose techniques and procedures for law enforcement
investigations or prosecutions, or would disclose guidelines for law
enforcement investigations or prosecutions if such disclosure could
reasonably be expected to risk circumvention of the law; or
(vi) Could reasonably be expected to endanger the life or physical
safety of any individual;
(8) Contained in or related to examination, operating, or condition
reports prepared by, on behalf of, or for the use of an agency
responsible for the regulation or supervision of financial
institutions; or
(9) Geological and geophysical information and data, including
maps, concerning wells.
(b) GSA will provide any reasonably segregable portion of a record
to a requester after redacting the portions of the requested records
that are exempt under this section.
Subpart F--Final Responses to the FOIA Request
Sec. 105-60.500 Final response procedures and rules.
(a) Once GSA determines that it shall grant a request in full or in
part, the requester shall be notified of the decision in writing as
well. GSA shall also inform the requester of any fees charged under
Sec. 105-60.804 of this part 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 its FOIA
Public Liaison to offer assistance.
(b) If GSA makes an adverse determination on any part of the FOIA
request, it shall notify the requester of that determination in
writing. Adverse determinations, or denials of requests, include
determinations that:
(1) The requested record is exempt from disclosure, in whole or in
part;
(2) The FOIA request does not reasonably describe the records
sought;
(3) The information requested is not subject to FOIA;
(4) The requested record does not exist, cannot be located, or has
been destroyed; or
(5) The requested record is not readily reproducible in the form or
format sought by the requester.
[[Page 5142]]
(c) Records disclosed in part in response to a FOIA request shall
be marked clearly to show the exemption under which the applicable
portions of the responsive records were redacted unless doing so would
harm an interest protected by an applicable exemption.
(d) Adverse determinations also include denials involving fee
waiver requests, denials for expedited processing, and the
administrative closure of FOIA requests due to nonpayment of search and
review fees for processing the FOIA request.
(e) Any adverse determination of a FOIA request, in full or in
part, shall be signed by the Chief FOIA Officer or his or her designee
and shall include:
(1) The name and title or position of the person responsible for
the adverse determination;
(2) A brief statement of the reasons for the adverse determination,
including any FOIA exemption that is the basis for GSA's decision;
(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; and
(4) A statement that the denial may be appealed under subpart I of
this part, and a description of the appeal requirements.
(5) A statement notifying the requester of the assistance available
from the agency's FOIA Public Liaison and the dispute resolution
services offered by OGIS.
(f) Use of record exclusions pursuant to 5 U.S.C. 552(c):
(1) In the event that GSA identifies records that may be subject to
exclusion from the requirements of the FOIA pursuant to 5 U.S.C.
552(c), GSA shall confer with Department of Justice, Office of
Information Policy (OIP), to obtain approval to apply the exclusion.
(2) If GSA invokes an exclusion, it shall maintain an
administrative record of the process of invocation and approval of the
exclusion by OIP.
Subpart G--Handling Confidential Commercial Information
Sec. 105-60.600 Procedural and lawful considerations.
(a) Confidential commercial information means commercial or
financial information obtained by GSA from a submitter that may be
protected from disclosure under Exemption 4 of the FOIA, 5 U.S.C.
552(b)(4).
(b) Submitter means any person or entity, including a corporation,
State, or foreign government, but not including another Federal
Government entity, that provides confidential commercial information,
either directly or indirectly to the Federal Government.
(c) A submitter of confidential commercial information shall use
good faith efforts to designate by appropriate markings/or redact any
portion of its submission that it considers to be protected from
disclosure under Exemption 4. These designations expire 10 years after
the date of the submission unless the submitter requests and provides
justification for a longer designation period.
(d) When notice to submitters is required:
(1) GSA shall promptly provide written notice to the submitter of
confidential commercial information whenever records containing such
information are requested under the FOIA if GSA 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
(ii) GSA 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.
(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, GSA may post or publish a notice in a place or
manner reasonably likely to inform the submitters of the proposed
disclosure, instead of sending individual notifications.
(e) The notice requirements of this section do not apply if:
(1) GSA determines that the information is exempt under the FOIA,
and therefore shall not be disclosed;
(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 FOIA or by a regulation issued in accordance with the requirements
of Executive Order 12,600 of June 23, 1987; or
(4) The designation made by the submitter under paragraph (c) of
this section appears obviously frivolous. In such a case, GSA shall
give the submitter written notice of any final decision to disclose the
information within reasonable time prior to a specified disclosure
date.
Sec. 105-60.601 Submitters opportunity to object to disclosure.
(a) GSA shall provide a submitter with 10 business days, within
which the submitter shall respond to the notice referenced in Sec.
105-60.600.
(b) If a submitter has any objections to disclosure, it should
provide GSA 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 the basis for nondisclosure, the
submitter shall explain why the information constitutes a trade secret
or commercial or financial information that is privileged or
confidential and the harm of the release of the information to the
submitter.
(c) 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.
(d) GSA is not required to consider any information received after
the date of any disclosure decision. Any information provided by a
submitter under this subpart may itself be subject to disclosure under
the FOIA.
(e) GSA shall consider a submitter's objections and specific
grounds for nondisclosure in deciding whether to disclose the requested
information.
(f) Whenever GSA decides to disclose information over the objection
of a submitter, the agency shall provide the submitter written notice,
which shall include:
(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 or copies of
the records as the agency intends to release them; and
(3) The specified disclosure date.
(g) Whenever a requester files a lawsuit seeking to compel the
disclosure of confidential commercial information, GSA shall promptly
notify the submitter.
(h) GSA shall notify the 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.
Subpart I--Appeals
Sec. 105-60.700 Submitting an appeal.
(a) A requester may appeal any adverse determination (denial of
access to records, denial of fee waiver, or
[[Page 5143]]
denial of expedited processing, etc.) to the GSA FOIA Requester Service
Center which is designated as the agency's FOIA Appeals Office.
(b) The appeal shall include:
(1) The FOIAonline tracking number;
(2) The basis for disagreement with GSA's adverse determination
that is being appealed; and
(3) A brief statement of the reasons he or she thinks GSA should
release the records or provide expedited processing and enclose copies
of the initial request and denial.
(c) The requester may submit the appeal electronically to
[email protected] The requester should mark the subject line of the
electronic transmission, ``Freedom of Information Act Appeal.'' In the
alternative, the requester may submit an appeal via facsimile to 202-
501-2727, or via US mail to U.S. General Services Administration, FOIA
Requester Service Center (H3), 1800 F Street NW, 7308, Washington, DC
20405-0001. If the appeal is submitted via US mail, the appeal letter
must include the words ``Freedom of Information Act Appeal'' on both
the face of the appeal letter and on the envelope. Failure to follow
these procedures will delay processing of the appeal.
(d) The GSA FOIA Officer must receive the requester's appeal no
later than 90 calendar days after receipt by the requester of any
adverse determination by GSA with respect to the FOIA request. GSA has
20 business days after receipt of a proper appeal to issue a response
to the requester's appeal. The 20-workday time limit shall not begin
until the GSA FOIA Officer receives the appeal. As noted in Sec.
105.60.305 of this part, the GSA FOIA Officer may extend this time
limit in unusual circumstances. GSA will process appeals of denials of
expedited processing as soon as possible after receiving them. The GSA
FOIA Officer may also extend the time limit in the event of unusual
circumstances occur during the processing of appeals as well.
Sec. 105-60.701 Adjudication of appeals.
(a) The GSA Chief FOIA Officer or his or her designee shall act on
behalf of GSA on all appeals under this section.
(b) An appeal ordinarily shall not be adjudicated if the request
that is the subject of the appeal becomes a matter of FOIA litigation.
GSA shall administratively close the appeal if it becomes the subject
of litigation and provide this notice to the requester in writing that
the request has been administratively closed.
(c) On receipt of any appeal involving classified information, GSA
shall take appropriate action to ensure compliance with applicable
classification rules.
(d) GSA shall provide its review and decision on any appeal in
writing. Any decision that either upholds GSA's original determination
in whole or in part shall contain a statement that identifies the
reasons for the affirmance, including any FOIA exemptions applied.
(e) If GSA's decision is remanded or modified on appeal, GSA shall
notify the requester of that determination in writing. GSA shall then
further process the request in accordance with that appeal
determination and shall respond directly to the requester. If GSA
affirms its original decision after timely receipt of an appeal, GSA
shall inform the requester via writing as well. GSA shall inform the
requester of their right to seek judicial review in the U.S. District
Court in the district in which the requester resides or has a principal
place of business, or where the records are situated, or in the U.S.
District Court for the District of Columbia. GSA shall also inform the
requester of the mediation services offered by the Office of Government
Information Services (OGIS) of the National Archives and Records
Administration (NARA) as a non-exclusive alternative to litigation.
(f) Engaging in dispute resolution or mediation services provided
by OGIS is a voluntary process. Mediation is a voluntary process. If
GSA agrees to participate in the mediation services provided by OGIS,
it will actively engage as a partner to the process in an attempt to
resolve the dispute.
Sec. 105-60.702 Requirements to preserve FOIA records.
GSA 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 4.2
of the NARA. GSA shall not dispose of or destroy records while they are
the subject of a pending request, appeal, or lawsuit under FOIA.
Subpart J--Fees
Sec. 105-60.800 General provisions.
(a) GSA shall charge for processing requests under the FOIA in
accordance with the provisions of this section and with OMB Guidelines.
For purposes of assessing fees, FOIA establishes three categories of
requesters:
(1) Commercial use requesters;
(2) Noncommercial scientific or educational institutions or news
media requesters; and
(3) All other requesters.
(b) Fees are assessed depending on the category GSA determines the
requester falls under in subpart A of this part. Requesters may seek a
fee waiver. GSA shall consider requests for fee waiver in accordance
with the requirements in Sec. 105-60.807 of this subpart. To resolve
any fee issues that arise under this section, GSA may contact a
requester for additional information. GSA shall ensure that searches,
review, and duplication of FOIA records are conducted in the most
efficient and the least expensive manner.
(c) GSA shall collect all applicable fees before sending copies of
records to a requester. Requesters pay fees by check, credit card, or
money order made payable to the U.S. General Services Administration,
or by another method as determined by GSA.
Sec. 105-60.801 Definitions pertaining to fee assessments.
(a) A commercial use request is a request that asks for information
that furthers a commercial, trade, or profit interest, which can
include furthering those interests through litigation. GSA's decision
to place a requester in the commercial use category shall be made on a
case-by-case basis and is based on the requester's intended use of the
information. GSA shall notify requesters of their placement in this
category.
(b) Direct costs are those expenses that GSA 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 sixteen (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 or the heating or lighting of a facility.
(c) Duplication is reproducing a record to respond to a FOIA
request. Duplicating records can occur via paper, audiovisual materials
or electronic records.
(d) An educational institution is any school that operates a
program of scholarly research. A requester in this fee category shall
show that the request is made in connection with his or her role at the
educational institution. Agencies may seek verification from the
requester that the request is in furtherance of scholarly research.
[[Page 5144]]
(e) A noncommercial scientific institution is an institution that
is not operated on a commercial basis. The term `commercial' for
purposes of this subpart is that which is defined in paragraph (a) 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 shall
show that the request is authorized by a qualifying noncommercial
institution, or educational institution of vocational and higher
learning and where the records are sought to further scientific, or
academic scholarly research, and are not for a commercial use. GSA
shall advise requesters of their placement in this category.
(f) Representative of the news media is any person or entity that
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, GSA can also consider a requester's past publication record in
making this determination. GSA shall advise requesters of their
placement in this category.
(g) 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 the process of reviewing each
individual record for possible redactions 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. 105-60.601 of
this part. It does not include time spent resolving general legal or
policy issues regarding the application of exemptions.
(h) 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.
Sec. 105-60.802 Fees to be charged.
In responding to FOIA requests, GSA shall charge the following fees
unless a waiver or reduction of fees has been granted under Sec. 105-
60.807 of this subpart. Because the fee amounts provided below already
account for the direct costs associated with a given fee type, GSA
shall not add any additional costs to charges calculated under this
section.
(a) Search fees. (1) Requests made by educational institutions,
noncommercial scientific institutions, or representatives of the news
media are not subject to search fees. GSA shall charge search fees for
all other requesters, subject to the rules and restrictions enumerated
in this subpart. GSA may properly charge for time spent searching even
if the GSA FOIA Requester Service Center does not locate any responsive
records or if they determine that the records are entirely exempt from
disclosure.
(2) For each half hour (30 minutes) spent by GSA personnel
searching for requested records, including electronic searches that do
not require new programming, a $24.50 fee shall be assessed per the
guidelines of the fee schedule enumerated in Sec. 105-60.804 of this
subpart.
(3) GSA shall charge the direct costs associated with conducting
any search that requires the creation of a new computer program to
locate the requested records. GSA shall notify the requester of the
costs associated with creating such a program, and the requester shall
agree to pay the associated costs before the costs may be incurred.
(4) For requests that require the retrieval of records stored by
GSA at a Federal records center operated by the NARA, GSA shall charge
additional costs in accordance with the Transactional Billing Rate
Schedule established by NARA.
(b) Duplication fees. (1) GSA shall charge duplication fees to all
requesters, subject to the restrictions of Sec. 105-60.803 of this
subpart. GSA shall honor a requester's preference for receiving a
record in a particular form or format where the agency can readily
reproduce it in the form or format requested. Where photocopies are
supplied, GSA shall provide one copy per request at the cost of $0.10
per copy. For copies of records produced on tapes, disks, or other
media, GSA shall charge the direct costs of producing the copy,
including operator time.
(2) Where paper documents shall be scanned in order to comply with
a requester's preference to receive the records in an electronic
format, the requester shall also pay the direct costs associated with
scanning those materials. For other forms of duplication, GSA shall
charge the direct costs.
(3) GSA determines the standard fee for duplication of records as
follows:
(i) Per copy of each page (not larger than 8.5 x 14 inches)
reproduced by photocopy or similar means (includes costs of personnel
and equipment)--U.S. $0.10.
(ii) Per copy prepared by any other method of duplication--actual
direct cost of production.
(c) Review fees. GSA shall charge review fees to requesters who
make commercial use requests. Review fees shall be assessed based upon
the initial review of the record (i.e., the review conducted by GSA to
determine whether an exemption applies to a particular record or
portion of a record). No charge shall be made for review during 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 GSA or another agency's secondary 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 enumerated in the fee schedule of this section.
Sec. 105-60.803 Restrictions on charging fees.
(a) When GSA determines that a requester is an educational
institution, noncommercial scientific institution, or representative of
the news media, and that the records are not sought for commercial use,
GSA shall not charge search fees.
(b) If GSA fails to comply with the time limits in which to respond
to a request for agency records under FOIA, it will not charge search
fees, or in the instances of requests from requesters described in
paragraph (a) of this section, may not charge duplication fees, except
as described in paragraphs (b)(1) through (3) of this section. GSA will
charge duplication fees in accordance with Sec. 105-60.802(b)(1)
through (3) of this subpart.
[[Page 5145]]
(1) If GSA has determined that unusual circumstances, as defined by
FOIA, apply and the agency provided timely written notice to the
requester in accordance with FOIA, a failure to comply with the time
limit shall be excused for an additional 10 business days.
(2) If GSA has determined that unusual circumstances, as defined by
the FOIA, apply and that more than 5,000 pages are necessary to respond
to the request, GSA 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. GSA shall have
provided timely written notice of unusual circumstances to the
requester in accordance with FOIA and GSA shall 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 component may
charge all applicable fees incurred in the processing of the request.
(3) If a court has determined that exceptional circumstances exist,
as defined by FOIA, a failure to comply with the time limits shall be
excused for the length of time provided by the court order.
(c) No search or review fees shall be charged for a half-hour
period unless more than half of that period is required for search or
review.
(d) Except for requesters seeking records for a commercial use, GSA
shall provide without charge:
(1) The first 100 pages of duplication (or the cost equivalent for
other media); and
(2) The first 2 hours of search time.
(e) No fee shall be charged when the total fee, after deducting the
100 free pages (or its cost equivalent) and the first 2 hours of
search, is equal to or less than $49.00.
Sec. 105-60.804 Fee schedule.
Table 1 to Sec. 105-60.804 outlines the basic fee categories and
applicable fees:
Table 1 to Sec. 105-60.804--Fee Requester Category Table
----------------------------------------------------------------------------------------------------------------
Requester category Search fees Review fees Duplication fees Amount
----------------------------------------------------------------------------------------------------------------
(a) Commercial use requester... Yes.............. Yes.............. Yes, first 100 pages, $49.00/hour plus
or equivalent volume applicable
without charge. Then, duplication
U.S. $0.10. per copy costs.
of each page (not
larger than 8.5 x 14
inches) reproduced by
photocopy or similar
means (includes costs
of personnel and
equipment)--OR, per
copy prepared by any
other method of
duplication--actual
direct cost of
production.
(b) Educational and No............... No............... Yes, first 100 pages, Eligible
noncommercial scientific or equivalent volume requesters not
institutions. without charge. Then, subject to fees
U.S. $0.10. per copy other than
of each page (not duplication
larger than 8.5 x 14 costs.
inches) reproduced by
photocopy or similar
means (includes costs
of personnel and
equipment)--OR, per
copy prepared by any
other method of
duplication--actual
direct cost of
production.
(c) Representative of news No............... No............... Yes, first 100 pages, Eligible
media. or equivalent volume requesters not
without charge. Then, subject to fees
U.S. $0.10. per copy other than
of each page (not duplication
larger than 8.5 x 14 costs.
inches) reproduced by
photocopy or similar
means (includes costs
of personnel and
equipment)--OR, per
copy prepared by any
other method of
duplication--actual
direct cost of
production.
(d) All other requesters....... Yes (first 2 No............... Yes, first 100 pages, $49.00/hour plus
hours without or equivalent volume applicable
charge). without charge. Then, duplication
U.S. $0.10. per copy costs.
of each page (not
larger than 8.5 x 14
inches) reproduced by
photocopy or similar
means (includes costs
of personnel and
equipment)--OR, per
copy prepared by any
other method of
duplication--actual
direct cost of
production.
----------------------------------------------------------------------------------------------------------------
Note 1 to Sec. 105-60.804: GSA's calculated hourly rate for
manual search, computer operator/programmer time, and employee time
spent reviewing records is set at a flat rate of 49.00 per hour. GSA
charges for these FOIA services by the hour at $49.00 and half hour
at $24.50.
Note 2 to Sec. 105-60.804: The fee schedule of this section
does not apply to fees charged under any statute that specifically
requires GSA 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, GSA shall
inform the requester of the contact information for that program.
Note 3 to Sec. 105-60.804: If GSA utilizes a contractor or
agency personnel outside of the FOIA Requester Service Center to
perform any services described in this subpart, the standard fee is
based on the equivalent hourly rates.
Sec. 105-60.805 Anticipated fees.
(a) When GSA determines or estimates that the fees to be assessed
in accordance with this section shall exceed $49.00, the agency shall
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 via writing. If only a portion of the fee can be
estimated readily, GSA shall advise the requester accordingly. If the
request is not for noncommercial use, the notice shall 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,
2 hours of search time at no charge, and shall advise the requester
whether those entitlements have been provided.
(b) If GSA notifies the requester that the actual or estimated fees
are in excess of $49.00, the request shall not be considered received
and further work shall 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 shall provide the commitment/or designate an exact dollar
amount in writing the requester is willing to pay.
[[Page 5146]]
GSA is not required to accept payments in installments.
(c) If the requester has indicated a willingness to pay some
designated amount of fees, but the agency estimates that the total fee
shall exceed that amount, GSA shall 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. GSA shall
inquire whether the requester wishes to revise the amount of fees the
requester is willing to pay or modify the request. Once the requester
submits the new estimated fee, the time to respond shall resume from
where it was at the date of the notification.
(d) GSA's FOIA Public Liaison and other FOIA professionals shall be
available to assist any requester in reformulating a request to meet
the requester's needs at a lower cost.
(e) Although not required to provide special services, if GSA
chooses to do so as a matter of administrative discretion, the direct
costs of providing the service shall 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.
(f) GSA may charge interest on any unpaid bill starting on the 31st
day following the date the requester is first billed. Interest charges
shall be assessed at the rate provided in 31 U.S.C. 3717 and shall
accrue from the billing date until payment is received by the agency.
GSA shall follow the provisions of the Debt Collection Act of 1982
(Public Law 97-365, 96 Stat. 1749), as amended, and its administrative
procedures, including the use of consumer reporting agencies,
collection agencies, and offset.
(g) When GSA reasonably believes that a requester or a group of
requesters acting in concert are attempting to divide a single request
into a series of requests for the purpose of avoiding fees, GSA may
aggregate those requests and charge accordingly. GSA may presume that
multiple requests of this type made within a 30-day period have been
made in order to avoid fees. For requests separated by a longer period,
GSA shall 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
cannot be aggregated.
Sec. 105-60.806 Advanced payments.
(a) For requests other than those described in this subpart, GSA
cannot require the requester to make an advance payment before work is
commenced or 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.
(b) When GSA determines or estimates that a total fee to be charged
under this section shall 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. GSA 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.
(c) Where a requester has previously failed to pay a properly
charged FOIA fee to GSA within 30 calendar days of the billing date,
GSA may require that the delinquent requester pay the full amount due,
plus any applicable interest on that prior request, and 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. If GSA
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.
(d) In cases in which GSA requires advance payment, the request
shall not be considered received and further work shall not be
completed until the required payment is received. If the requester does
not pay the advance payment within 10 business days after the date of
GSA's fee determination, the request shall be closed.
Sec. 105-60.807 Fee waivers and fee reductions.
(a) Requests for a fee waiver shall be made when the FOIA request
is first submitted to the agency 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 being
reviewed per an 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 pay any costs incurred up to the date the fee
waiver request was received.
(b) Requirements for waiver or reduction of fees:
(1) Requesters may seek a waiver of fees by submitting a written
rationale as to 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; and
(2) GSA shall furnish records responsive to a request without
charge or at a reduced rate when it determines, based on all available
information, that the factors described in paragraphs (b)(2)(i) through
(iii) of this section are satisfied:
(i) Disclosure of the requested information would shed light on the
operations or activities of the Government. The subject of the request
shall concern identifiable operations or activities of the Federal
Government with a connection that is direct and clear, not remote or
attenuated; and
(ii) Disclosure of the requested information is likely to
contribute significantly to public understanding of those operations or
activities. This factor is satisfied when the following criteria are
met; and
(A) Disclosure of the requested records shall 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 shall 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 shall be
considered. GSA shall presume that a representative of the news media
shall satisfy this consideration;
(iii) The disclosure shall 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, GSA shall consider the following criteria:
(A) GSA shall identify 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 shall be given an opportunity to provide explanatory
information regarding this consideration.
(B) If there is an identified commercial interest, GSA shall
determine whether that is the primary interest furthered by the
request. A
[[Page 5147]]
waiver or reduction of fees is justified when the requirements of
paragraphs (b)(2)(i) and (ii) of this section are satisfied and any
commercial interest is not the primary interest furthered by the
request. GSA ordinarily shall presume that, when a news media requester
has satisfied factors in paragraph (b)(1) of this section and this
paragraph (b)(2), 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 shall not be presumed to primarily serve the public interest.
(c) Where only some of the records to be released satisfy the
requirements for a fee waiver, a waiver shall be granted for those
records.
Subpart K--Other Rights and Services
Sec. 105-60.900 Coda.
Nothing in this subpart 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. 2020-00057 Filed 1-28-20; 8:45 am]
BILLING CODE 6820-FM-P
