PART 1184—IMPLEMENTATION OF THE FREEDOM OF INFORMATION ACT Authority: 5 U.S.C. 552. Source: 79 FR 9423, Feb. 19, 2014, unless otherwise noted. § 1184.1 What are the purpose and scope of this part? (a) This part describe how the Institute of Museum and Library Services (IMLS) processes requests for records under the Freedom of Information Act (FOIA), 5 U.S.C. 552 as amended. The regulations in this part apply only to records that are both: (1) Created or obtained by IMLS; and (2) Under the agency's control at the time of the FOIA request. (b) The rules in this part should be read in conjunction with the text of the FOIA and the Uniform Freedom of Information Fee Act Schedule and Guidelines published by the Office of Management and Budget (the “OMB Guidelines”). Requests made by individuals for records about themselves under the Privacy Act of 1974, 5 U.S.C. 552a, are processed under 45 CFR part 1182 as well as under this part. [84 FR 22945, May 21, 2019] § 1184.2 What are IMLS's general policies with respect to FOIA? (a) Presumption of openness. (b) Records available at the IMLS FOIA Electronic Reading Room. (c) Definitions. (1) Commercial use request. (2) Direct costs. (3) Duplication. (4) Educational institution. (5) Fee waiver. (6) FOIA Public Liaison. (7) Non-commercial scientific institution. (8) Representative of the news media. (9) Requester Category. (10) Review. (11) Search. (12) Working day. [79 FR 9423, Feb. 19, 2014, as amended at 84 FR 22945, May 21, 2019] § 1184.3 How do I request records? (a) Where to send a request. https://www.imls.gov/about/foia-request/form [email protected] (b) Form of request. (c) Electronic format records. (d) Date of receipt. [79 FR 9423, Feb. 19, 2014, as amended at 84 FR 22946, May 21, 2019] § 1184.4 When will I receive a response to my request? (a) Responses within 20 working days. (b) Extensions of response time in “unusual circumstances”. (2) Where the extension is for more than ten (10) working days, the FOIA Officer will provide you with an opportunity either to modify the request so that it may be processed within the time limits or to arrange an agreed upon alternative time period for processing the request or a modified request. (c) Expedited processing. (i) Circumstances in which the lack of expedited processing could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or (ii) An urgency to inform the public about an actual or alleged Federal Government activity, if made by a person who is primarily engaged in disseminating information. (2) A request for expedited processing may be made at any time. When making a request for expedited processing of an administrative appeal, the request should be submitted as required by § 1184.6. (3) A requester who seeks expedited processing must submit a statement, certified to be true and correct, explaining in detail the basis for making the request for expedited processing. For example, under paragraph (c)(1)(ii) of this section, a requester who is not a full-time member of the news media must establish that the requester is a person whose primary professional activity or occupation is information dissemination, though it need not be the requester's sole occupation. Such a requester also must establish a particular urgency to inform the public about the government activity involved in the request—one that extends beyond the public's right to know about government activity generally. The existence of numerous articles published on a given subject can be helpful in establishing the requirement that there be an “urgency to inform” the public on the topic. As a matter of administrative discretion, IMLS may waive the formal certification requirement. (4) IMLS must notify the requester within 10 calendar days of the receipt of a request for expedited processing of its decision whether to grant or deny expedited processing. If expedited processing is granted, the request must be given priority, placed in the processing track for expedited requests, and must be processed as soon as practicable. If a request for expedited processing is denied, IMLS must act on any appeal of that decision expeditiously. [79 FR 9423, Feb. 19, 2014, as amended at 84 FR 22946, May 21, 2019] § 1184.5 How will my request be processed? (a) Acknowledgment of requests. (b) Clarifications. (c) Estimated dates of completion and interim responses. (d) Referrals of requests. (e) Grants of requests. (f) Denials of requests. [79 FR 9423, Feb. 19, 2014, as amended at 84 FR 22946, May 21, 2019] § 1184.6 How can I appeal a denial of my request? (a) Submission of an appeal. [email protected], (b) Decisions on appeal. [79 FR 9423, Feb. 19, 2014, as amended at 84 FR 22946, May 21, 2019] § 1184.7 How will fees be charged? (a) In general. (1) Commercial use requests. (2) Requests from educational and non-commercial scientific institutions. (3) Requests by representatives of the news media. (4) All other requests. (5) Status of Requester. (b) General fee schedule. (1) Manual search fee. (2) Computer search fee. (3) Review fee. (4) Duplication fee. 1/2 (c) Restrictions on charging fees. (2) Fees will not be charged to any requester, including commercial use requesters, if the total amount calculated under this section is less than $25. (d) Fees likely to exceed $25. (e) Waiver or reduction of fees. (2) IMLS will use the following factors to determine whether a fee will be waived or reduced: (i) The subject of the request. (ii) The informative value of the information to be disclosed. (iii) The contribution to an understanding of the subject by the general public likely to result from disclosure. (iv) The significance of the contribution to public understanding. (v) The existence and magnitude of a commercial interest. (vi) The primary interest in disclosure. (f) Assessment and collection of fees. (2) If IMLS reasonably believes that you are attempting to divide a request into a series of requests to avoid the assessment of fees, the agency may aggregate such requests and charge accordingly. (3) Advance payment. (A) The charges are likely to exceed $250; or (B) You have failed previously to pay a fee in a timely fashion. (ii) When IMLS requests an advance payment, the time limits described in section (a)(6) of the FOIA will begin only after IMLS has received advanced full payment in full. (g) Failure to comply. (h) Waivers. [79 FR 9423, Feb. 19, 2014, as amended at 84 FR 22946, May 21, 2019] § 1184.8 How can I address concerns regarding my request? (a) FOIA Public Liaison. (b) Additional resource. [email protected], [79 FR 9423, Feb. 19, 2014, as amended at 84 FR 22947, May 21, 2019] § 1184.9 What are IMLS' policies regarding disclosure of confidential business information? (a) In general. (b) Definitions. (1) Confidential business information. (2) Submitter. (c) Designation of confidential business information. (d) Notice to submitters. (e) Where notice is required. (1) The information has been designated in good faith by the submitter as information considered protected from disclosure under Exemption 4; or (2) IMLS has reason to believe that the information may be protected from disclosure under Exemption 4. (f) Opportunity to object to disclosure. (g) Notice of intent to disclose. (1) A statement of the reason(s) why each of the submitter's disclosure objections was not sustained; (2) A description of the confidential business information to be disclosed; and (3) A specified disclosure date, which will be a reasonable time subsequent to the notice. (h) Exceptions to notice requirements. (1) IMLS determines that the information should not be disclosed; (2) The information lawfully has been published or has been officially made available to the public; (3) Disclosure of the information is required by statute (other than FOIA) or by a regulation issued in accordance with the requirements of Executive Order 12600; or (4) The designation made by the submitter under paragraph (c) of this section appears obviously frivolous—except that, in such a case, IMLS will, within a reasonable time prior to a specified disclosure date, give the submitter written notice of any final decision to disclose the information. (i) Notice of FOIA lawsuit. (j) Corresponding notice to requesters. [79 FR 9423, Feb. 19, 2014, as amended at 84 FR 22947, May 21, 2019] § 1184.10 Disclaimer. Nothing in the regulations in this part will be construed to entitle any person, as a right, to any service or to the disclosure of any record to which such person is not entitled under FOIA.