PART 503—FREEDOM OF INFORMATION ACT REGULATION Authority: 5 U.S.C. 552 Reform Act of 1986 as amended by Pub. L. 99-570; sec. 1801-1804; U.S.C. 2658; 5 U.S.C. 301; 13 U.S.C. 8, E.O. 10477, as amended; 47 FR 9320, Apr. 2, 1982, E.O. 12356. 5 U.S.C. 552 (1988 & Supp. III 1991) as amended by Freedom of Information Reform Act of 1986, Pub. L. 99-570, Title I, sections 1801-1804, 100 Stat. 3207, 3207-48-50 (1986)(codified at 5 U.S.C. 552 (1988)); 22 U.S.C. 2658 (1988); 5 U.S.C. 301 (1988); 13 U.S.C. 8 (2988); E.O. 10477, 3 CFR 958 (1949-1953) as amended by E.O. 10822, 3 CFR 355 (1959-1963), E.O. 12292, 3 FR 134 (1982), E.O. 12356, 3 CFR 166 (1983), E.O. 12958 (1995). Source: 67 FR 8867, Feb. 27, 2002, unless otherwise noted. § 503.1 Introduction and definitions. (a) Introduction. (b) Definitions: Access Appeal Committee or Committee Agency or BBG Commercial use, Department Duplication Educational institution FOIA Freedom of Information Officer Non-commercial scientific institution Records Representative of the news media News Request Review Search § 503.2 Making a request. (a) How to request records. (b) Details in your letter. http://www.ibb.gov (c) Requests not handled under FOIA. (d) Referral of requests outside the agency. (e) Responding to your request Retrieving records. (2) Furnishing records. (ii) We may decide to conserve government resources and at the same time supply the records you need by consolidating information from various records, in paper form or electronically, rather than copying them all. If the effort to produce records in electronic format would significantly interfere with the operations of the Agency, we will consider the effort to be an unreasonable search. (iii) The Agency is required to furnish only one copy of a record. If we are unable to make a legible copy of a record to be released, we will not attempt to reconstruct it. Rather we will furnish the best copy possible and note its poor quality in our reply or on the copy. (iv) If we cannot accommodate your request for form or format, we will provide responsive, nonexempt information in a reasonably accessible form. § 503.3 Availability of agency records. (a) Release of records. (b) Denial of requests. (c) Unproductive searches. (d) Appeal of denials. § 503.4 Time limits. (a) General. (b) Time allowed. (2) We will decide an appeal within 20 working days after the appeal reaches the appropriate reviewing official. (3)(i) The FOIA Officer or appeal official may extend the time limits in unusual circumstances for initial requests or appeals, up to 10 working days. We will notify you in writing of any extensions. “Unusual circumstances” include situations where we: Search for and collect records from field facilities, records centers or locations other than the office processing the records; search for, collect, or examine a great many records in response to a single request; consult with another office or department that has substantial interest in the determination of the request; and/or conduct negotiations with submitters and requesters of information to determine the nature and extent of non-disclosable proprietary materials. (ii) If an extra ten days still does not provide sufficient time for the Agency to deal with your request, we will inform you that the request cannot be processed within the statutory time limit and provide you with the opportunity to limit the scope of your request and/or arrange with us a negotiated deadline for processing your request. (iii) If you refuse to reasonably limit the scope of your request or refuse to agree upon a time frame, the Agency will process your case, as it would have, had no modification been sought. We will make a diligent, good faith effort to complete our review within the statutory time frame. § 503.5 Records available for public inspection. (a) To the extent that they exist, we will make the following records of general interest available for you in paper form or electronically for inspection or copying: (1) Orders and final opinions, including concurring and dissenting opinions in adjudications. ( See (2) Statements of policy and interpretations that we have adopted but which have not been published in the Federal Register. (3) Administrative staff manuals and instructions to staff that affect the public. (We will not make available, however, manuals or instructions that reveal investigative or audit procedures as described in § 503.8(b) and (g) of this part.) (4) In addition to such records as those described in this paragraph (a), we will make available to any person a copy of all other Agency records, in the format requested, if available, unless we determine that such records should be withheld from disclosure under subsection (b) of the Act and §§ 503.8 and 503.9 of this part. (b) Before releasing these records, however, we may delete the names of people, or information that would identify them, if release would invade their personal privacy to a clearly unwarranted degree ( See (c) The Agency's FOIA Guide and Index is available electronically via the Internet, or you may request a copy of it by mail. § 503.6 Restrictions on some agency records. Under the U.S. Information and Educational Exchange Act of 1948 (22 U.S.C. 1461, as amended), the BBG is prohibited from disseminating within the United States information about the U.S., its people, and its policies when such materials have been prepared by the Agency for audiences abroad. This includes films, radio scripts and tapes, videotapes, books, and similar materials produced by the Agency. However, this law does provide that upon request, such information shall be made available at BBG, for examination only, by representatives of the press, magazines, radio systems and stations, research students or scholars and available, for examination only, to Members of Congress. § 503.7 Fees. (a) Fees to be charged—categories of requests. (1) Commercial use request. (2) Educational and scientific institutions and news media. (3) Other requesters. (b) Fees to be charged—general provisions. (2) We will not charge you any fee at all if the costs of routine collection and processing of the fee are likely to equal or exceed the amount of the fee. We have estimated that cost to be $5.00. (3) If we determine that you are acting alone or with others to break down a single request into a series of requests in order to avoid or reduce the fees charged, we may aggregate all these requests for purposes of calculating the fees charged. (4) We will charge interest on unpaid bills beginning on the 31st day following the day the bill was sent. The accrual of interest will stop upon receipt of the fee, rather than upon its processing by BBG. Interest will be at the rate prescribed in section 3717 of Title 32 U.S.C. (c) Fee schedule—BBG will charge the following fees: (i) When performed by employees at salary grade GS-1 through GS-8 or FS-9 through FS-5—an hourly rate of $10.00 will be charged; (ii) When performed by employees at salary grade GS-9 through GS-13 or FS-5 through FS-2—an hourly rate of $20.00 will be charged; (iii) When performed by employees at salary grade GS-14 or above or FS-2 or above—an hourly rate of $36.00 will be charged. (iv) When a search involves employees at more than one of these levels, we will charge the appropriate rate for each. (2) Computer searching and printing. Except in unusual cases, the cost of computer time will not be a factor in calculating the two free hours of search time. In those unusual cases, where the cost of conducting a computerized search significantly detracts from the Agency's ordinary operations, no more than the dollar cost of two hours of manual search time shall be allowed. For searches conducted beyond the first two hours, the Agency shall only charge the direct costs of conducting such searches. (3) Photocopying standard size pages—$0.15 per page. (4) Photocopying odd-size documents (such as punchcards or blueprints) or reproducing other records (such as tapes)—the actual cost of operating the machine, plus the actual cost of the materials used, plus charges for the time spent by the operator, at the rates given in paragraph (c)(1) of this section. (5) Certifying that records are true copies—this service is not required by the FOIA. If we agree to provide it, we will charge $10.00 per certification. (6) Sending records by express mail, certified mail, or other special methods. This service is not required by the FOIA. If we agree to provide it, we will charge our actual cost. (7) Performing any other special service that you request and to which we agree—actual cost of operating any machinery, plus actual cost of any materials used, plus charges for the time of our employees, at the rates given in paragraph (c)(1) of this section. (d) Procedures for assessing and collecting fees Agreement to pay. (2) Advance payment. (e) Waiver or reduction of fees. (1) It is in the public interest because it is likely to contribute significantly to public understanding of government operations or activities, regardless of any other public interest it may further. In making this determination, we may consider: (i) Whether the requester is in a position to contribute to public understanding; (ii) Whether the requester has such knowledge or expertise as may be necessary to understand the information; and (iii) Whether the requester's intended use of the information would be likely to disseminate the information among the public. (2) It is not primarily in the commercial interest of the requester. Commercial interests include interests relating to business, trade, and profit. Not only profit-making corporations have commercial interests; so do nonprofit corporations, individuals, unions, and other associations. (3) You must make your request for a waiver or reduction at the same time you make your request for records. Only the FOIA Officer may make the decision whether to waive or reduce the fees. If we do not completely grant your request for a waiver or reduction, the denial letter will designate the appeal official. § 503.8 Exemptions. Section 552(b) of the Freedom of Information Act contains nine exemptions to the mandatory disclosure of records. These exemptions and their application by the Agency are described below. In some cases, more than one exemption may apply to the same document. This section does not itself authorize the giving of any pledge of confidentiality by any officer or employee of the Agency. (a) Exemption one—National defense and foreign policy. (b) Exemption two—Internal personnel rules and practices. (c) Exemption three—Records exempted by other statutes. (d) Exemption four—Trade secrets and confidential commercial or financial information. (1) Trade secrets: (2) Commercial or financial information, obtained from a person, and is privileged or confidential. (i) Information is “commercial or financial” if it relates to businesses, commerce, trade, employment, profits, or finances (including personal finances). (ii) Information is obtained from someone outside the Federal Government or from someone within the Government who has a commercial or financial interest in the information. “Person” includes an individual, partnership, corporation, association, state or foreign government, or other organization. Information is not “obtained from a person” if it is generated by BBG or another Federal agency. (iii) Information is “privileged” if it would ordinarily be protected from disclosure in civil discovery by a recognized evidentiary privilege, such as the attorney-client privilege, or the work-product privilege. Information may be privileged for this purpose under a privilege belonging to a person outside the Government, unless the providing of the information to the Government rendered the information no longer protectible in civil discovery. (iv) Information is “confidential” if it meets one of the following tests: (A) Disclosure may impair the Government's ability to obtain necessary information in the future; (B) Disclosure would substantially harm the competitive position of the person who submitted the information; (C) Disclosure would impair other Government interests, such as program effectiveness and compliance; or (D) Disclosure would impair other private interests, such as an interest in controlling availability of intrinsically valuable records, which are sold in the market by their owner. (3) Designation of certain confidential information. (4) Predisclosure notification. (i) When we receive a request for such records and we determine that we may be required to disclose them, we will make reasonable efforts to notify the submitter about these facts. The notice will inform the submitter about the procedures and time limits for submission and consideration of objections to disclosure. If we must notify a large number of submitters, we may do this by posting or publishing a notice in a place where the submitters are reasonably likely to become aware of it. (ii) The submitter has ten (10) working days from receipt of the notice to object to disclosure of any part of the records and to state all bases for its objections. (iii) We will give consideration to all bases that have been timely stated by the submitter. If we decide to disclose the records and the submitter still does not agree, we will send a written notice to the submitter stating briefly why we did not sustain its objections and we will provide a copy of the records as we intend to release them. The notice will state that we will disclose the records five (5) working days after the submitter receives the notice unless we are ordered by a United States District Court not to release them. (iv) When a requester files suit under the FOIA to obtain records covered by this paragraph, we will promptly notify the submitter. (v) Whenever we send a notice to a submitter under paragraph (d)(4)(i) of this section, we will notify you that we are giving the submitter a notice and an opportunity to object. (5) Exceptions to predisclosure notification. The notice requirements in paragraph (d)(4) of this section do not apply in the following situations: (i) We decide not to disclose the records; (ii) The information has previously been published or made generally available; (iii) We have already notified the submitter of previous requests for the same records and have come to an understanding with that submitter about the records; (iv) Disclosure is required by a statute other than the FOIA; (v) Disclosure is required by a regulation, issued after notice and opportunity for public comment that specifies narrow categories of records that are to be disclosed under the FOIA. In this case a submitter may still designate records as described in paragraph (d)(3) of this section and in exceptional cases, at our discretion, may follow the notice procedures in paragraph (d)(4) of this section; (vi) The designation appears to be obviously frivolous, but in this case we will still give the submitter the written notice required by paragraph (d)(4)(iii) of this section (although this notice need not explain our decision or include a copy of the records); and (vii) We withhold the information because another statute requires its withholding. (e) Exemption five—Internal memoranda. (1) The deliberative process privilege. (i) It is inextricably intertwined with the deliberative portions so that it cannot reasonably be segregated; or (ii) It would reveal the nature of the deliberative portions, or (iii) Its disclosure would in some other way make possible an intrusion into the decision making process. (2) Attorney-client privilege. (3) Attorney work product privilege. (f) Exemption six—Clearly unwarranted invasion of personal privacy. (1) Balancing test. (2) Information frequently withheld. (g) Exemption seven—Law enforcement. (1) Enforcement proceedings. (2) Fair trial or impartial adjudication. (3) Personal privacy. (4) Confidential sources and information. (5) Techniques and procedures. (6) Life and physical safety. (h) Exemptions eight and nine—Records on financial institutions and records on wells. (2) Exemption nine permits the withholding of geological and geophysical information and data, including maps concerning wells. § 503.9 Electronic records. (a) Introduction. (b) Definitions Compelling need. (2) Discretionary disclosure. (3) Electronic reading room. (c) Electronic format of records. http://www.ibb.gov. (2) We will make available for public inspection and copying, both electronically via the Internet and in hard copy, those records that have been previously released in response to FOIA requests, when we determine the records have been or are likely to be the subject of future requests. (3) We will provide both electronically through our Internet address and in hard copy a “Guide” on how to make an FOIA request, and an Index of all Agency information systems and records that may be requested under the FOIA. (4) We may delete identifying details when we publish or make available the index and copies of previously-released records to prevent a clearly unwarranted invasion of personal privacy. (i) We will indicate the extent of any deletions made from the place the deletion was made, if possible. (ii) We will not reveal information about deletions if such disclosure would harm an interest protected by an exemption. (d) Honoring form or format requests. (1) We will make a reasonable effort to search for records kept in an electronic format. However, if the effort would significantly interfere with the operations of the agency or the agency's use of its computers, we will consider the effort to be unreasonable. (2) We need not create documents that do not exist, but computer records found in a database rather than in a file cabinet may require the application of codes or some form of programming to retrieve the information. This application of codes or programming of records will not amount to the creation of records. (3) Except in unusual cases, the cost of computer time will not be a factor in calculating the two free hours of search time available under Sec. 503.7. In those unusual cases, where the cost of conducting a computerized search significantly detracts from the agency's ordinary operations, no more than the dollar cost of two hours of manual search time shall be allowed. For searches conducted beyond the first two hours, the agency shall only charge the direct costs of conducting such searches. (e) Technical feasibility of redacting non-releasable material. (f) Ensuring timely response to request. (1) Multitrack first-in first-out processing. (ii) If you wish to qualify for faster processing, you may limit the scope of your request so that we may respond more quickly. (2) Unusual circumstances. (ii) If an extra ten days still does not provide sufficient time for the Agency to deal with your request, we will inform you that the request cannot be processed within the statutory time limit and provide you with the opportunity to limit the scope of your request and/or arrange with us a negotiated deadline for processing your request. (iii) If you refuse to reasonably limit the scope of your request or refuse to agree upon a time frame, the agency will process your case, as it would have, had no modification been sought. We will make a diligent, good-faith effort to complete our review within the statutory time frame. (3) Grouping of requests. (i) If you make multiple or related requests for similar material for the purpose of avoiding costs, we will notify you that we are grouping together your requests, and the reasons why. (ii) Multiple or related requests may also be grouped, such as those involving requests and schedules but you will be notified in advance if we intend to do so. (g) Time periods for agency consideration of requests Expedited access. (2) Compelling need for expedited access. (3) How to request expedited access. (i) A threat to an individual's life or physical safety. (ii) Urgency to inform. (4) Estimation of matter denied. (h) Computer redaction. (i) Annual report on FOIA activities. (j) Reference materials and guides.