(a) Receipt of requests. Upon receipt of any request that satisfies
the requirements set forth in section 261.11, the Office of the Secretary
shall assign the request to the appropriate processing schedule, pursuant
to paragraph (b) of this section. The date of receipt for any request,
including one that is addressed incorrectly or that is referred to
the Board by another agency or by a Reserve Bank, is the date the
Office of the Secretary actually receives the request.
(b) Multitrack processing.
(1) The Board provides different
levels of processing for categories of requests under this section.
(i) Requests for records that are readily identifiable by the Office
of the Secretary and that have already been cleared for public release
or can easily be cleared for public release may qualify for simple
processing.
(ii)
All other requests shall be handled under normal processing procedures,
unless expedited processing has been granted pursuant to paragraph
(c) of this section.
(2) The Office of the Secretary will make
the determination whether a request qualifies for simple processing.
A requester may contact the Office of the Secretary to learn whether a
particular request has been assigned to simple processing. If the
request has not qualified for simple processing, the requester may
limit the scope of the request in order to qualify for simple processing
by contacting the Office of the Secretary in writing, by letter or
email, or by telephone.
(c) Expedited processing.
(1) A request for expedited processing
may be made at any time. A request for expedited processing must be
clearly labeled “Expedited Processing Requested.” The Board will process
requests and appeals on an expedited basis whenever it is determined
that they involve:
(i) Circumstances in which the lack
of expedited processing could reasonably be expected to pose an imminent
threat to the life or physical safety of an individual; or
(ii) An urgency to inform
the public about an actual or alleged federal government activity,
if made by a person who is primarily engaged in disseminating information.
(2) A 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 federal government activity generally.
The existence of numerous articles published on a given subject can
be helpful in establishing the requirement that there be an “urgency
to inform” the public on the topic. As a matter of administrative
discretion, the Board may waive the formal certification requirement.
(3) Within 10 calendar
days of receipt of a request for expedited processing, the Board will
notify the requester of its decision on the request. A denial of expedited
processing may be appealed to the Board in accordance with section
261.14. The Board will respond to the appeal within 10 working days
of receipt of the appeal.
(d) Priority of responses. The Office of the
Secretary will normally process requests in the order they are received
in the separate processing tracks, except when expedited processing
is granted in which case the request will be processed as soon as
practicable.
8-202.1
(e) Time limits. The
time for response to requests shall be 20 working days from when a
request is perfected. Exceptions to the 20-day time limit are only
as follows:
(1) In the case of expedited
treatment under paragraph (c) of this section, the Board shall give
the expedited request priority over non-expedited requests and shall
process the expedited request as soon as practicable.
(2) Where the running of such time is suspended
for a requester to address fee requirements pursuant to section 261.16(c)(1)
or (2).
(3) In unusual
circumstances, as defined in 5 U.S.C. 552(a)(6)(B), the Board may—
(i) Extend the 20-day time limit for a period of time not to exceed
10 working days, where the Board has provided written notice to the
requester setting forth the reasons for the extension and the date
on which a determination is expected to be dispatched; and
(ii) Extend the 20-day time
limit for a period of more than 10 working days where the Board has
provided the requester with an opportunity to modify the scope of
the FOIA request so that it can be processed within that time frame
or with an opportunity to arrange an alternative time frame for processing
the original request or a modified request, and has notified the requester
that the Board’s FOIA Public Liaison is available to assist the requester
for this purpose and in the resolution of any disputes between the
requester and the Board and of the requester’s right to seek dispute
resolution services from the Office of Government Information Services.
