25598 Federal Register / Vol. 87, No. 84 / Monday, May 2, 2022 / Proposed Rules 

By the Commission. 

Erica A. Barker, 

Secretary. 

[FR Doc. 2022–09327 Filed 4–29–22; 8:45 am] 

BILLING CODE 7710–FW–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Part 2507 

RIN 3045–AA59 

Procedures for Disclosure of Records 

Under the Freedom of Information Act 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Proposed rule. 

SUMMARY: The Corporation for National 

and Community Service (operating as 

AmeriCorps) is updating its regulations 

for processing requests for records 

under the Freedom of Information Act 

(FOIA) to reflect changes made in the 

FOIA Improvement Act of 2016 and to 

make the regulations more user friendly 

through plain language. 

DATES: Written comments must be 

submitted by July 1, 2022. 

ADDRESSES: You may send your 

comments electronically through the 

Federal government’s one-stop 

rulemaking website at 

www.regulations.gov. You may also 

send your comments to Stephanie Soper 

at ssoper@cns.gov or by mail to 

AmeriCorps, 250 E Street SW, 

Washington DC 20525. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Soper, AmeriCorps FOIA 

Officer, at 202–606–6747 or ssoper@

cns.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On June 30, 2016, President Obama 

signed into law the FOIA Improvement 

Act of 2016 (Pub. L. 114–185). The Act 

addresses a range of procedural issues 

that affect agency FOIA regulations, 

including requirements that agencies 

proactively make certain records 

available on their websites, establish a 

minimum of 90 days for requesters to 

file an administrative appeal, and 

provide dispute resolution services at 

various times throughout the FOIA 

process. With regard to exemptions from 

disclosure, the Act provides that the 

deliberative process protection for a 

record sunsets after 25 years, codifies 

the Department of Justice’s ‘‘foreseeable 

harm’’ standard, and amends FOIA 

Exemption 5. The Act also creates a new 

‘‘Chief FOIA Officer Council’’ and adds 

two new elements to agency Annual 

FOIA Reports. 

II. Overview of Proposed Rule 

The rule being proposed today would 

incorporate the FOIA Improvement Act 

of 2016 changes into AmeriCorps’ FOIA 

regulations. The rule would incorporate 

FOIA Improvement Act of 2016 changes 

by, among other things: 

• Providing that the deliberative 

process protection for a record exempt 

from disclosure sunsets after 25 years; 

• Incorporating the ‘‘foreseeable 

harm’’ standard by providing that when 

a FOIA exemption gives Federal 

agencies the discretion to either 

withhold or release records, the agency 

will release the records or information 

whenever it determines that disclosure 

would not foreseeably harm an interest 

that the exemption protects; and 

• Providing that the deliberative 

process privilege of Exemption 5 of the 

FOIA will not apply to records created 

25 years or more before the date when 

the records were requested. 

The rule would also update 

AmeriCorps’ processing fees to align 

with current agency salary ranges and 

make several non-substantive changes to 

make the regulation more user-friendly, 

including breaking the regulation into 

different subparts and shortening 

section headings. 

The following table provides a 

comparison of the current AmeriCorps 

FOIA regulations and the proposed 

changes. 

Current 45 CFR section Proposed 45 CFR section Description of changes 

Subpart A—General Provisions .... New subpart designation. 

2507.1 Definitions ......................... 2507.3 Definitions ....................... Replaces definition of ‘‘Act’’ with ‘‘Freedom of Information Act (FOIA)’’ 

for clarity. 

Replaces definition of ‘‘Corporation’’ with definition of ‘‘AmeriCorps.’’ 

Moves definition of ‘‘Freedom of Information Act Officer (FOIA Officer)’’ to a new section § 2507.4 describing AmeriCorps’ FOIA officials and their responsibilities. 

Deletes definition for ‘‘electronic data’’ because these terms are not 

used. 

Deletes definition for ‘‘public interest’’ because the meaning of the 

term is explained in the one section where it appears at proposed 

§ 2507.24. 

Adds definitions for ‘‘complex request,’’ ‘‘consultation,’’ ‘‘exemptions,’’ 

‘‘expedited processing,’’ ‘‘frequently requested records,’’ ‘‘multitrack 

processing,’’ ‘‘Office of Government Information Services (OGIS),’’ 

‘‘proactive disclosures,’’ and ‘‘referral.’’ 

Moves and revises definitions for ‘‘commercial use request,’’ ‘‘educational institution,’’ ‘‘non-commercial scientific institution,’’ ‘‘representative of the news media,’’ ‘‘review’’ (changed to ‘‘review 

fees’’), and ‘‘search’’ (changed to ‘‘search fees’’) to subpart G 

where they are exclusively used. 

Revises the definition of ‘‘FOIA request’’ to move the sentence about 

how written requests may be received to § 2507.6(b). 

Revises the definition of ‘‘record’’ for simplification. 

2507.2 What is the purpose of 

this part.

2507.1 Scope .............................. Deletes sentence about information customarily furnished to the public because such information does not require FOIA requests. Adds 

that the rules should be read in conjunction with the FOIA statute 

and OMB guidelines and cross references Privacy Act regulations. 

2507.2 Policy ............................... New section. Addresses how AmeriCorps approaches its duties and 

responsibilities under FOIA. 

2507.4 Agency FOIA Officials ..... New section. Lists AmeriCorps’ authorized FOIA officials’ positions 

and their roles. 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 84 / Monday, May 2, 2022 / Proposed Rules 25599 

Current 45 CFR section Proposed 45 CFR section Description of changes 

Subpart B—Proactive Disclosure 

of Agency Records.

New subpart designation. 

2507.3 What types of records are 

available for disclosure to the 

public.

2507.5 Records Available on 

Agency Website.

Replaces section on what records AmeriCorps will provide when 

asked with a section on what information AmeriCorps proactively 

makes available to the public by posting on its website. Moves information on duplication to relevant sections and information on 

creation of new records to § 2507.8. 

Subpart C—Filing a FOIA Request New subpart designation. 

2507.4 How are requests for 

records made.

2507.6 Requirements for FOIA 

Requests.

See breakdown by paragraph below. 

(a) General information ................. New paragraph. Clarifies that AmeriCorps has a centralized system 

for processing FOIA requests but that State service commissions 

are not subject to FOIA. 

(a) How made and addressed ........ (b) Directions for making requests Allows for email submissions and online submissions of FOIA requests, in addition to hard copy requests. (Provision regarding the 

electronic reading room is at proposed § 2507.5). 

(b) Request must adequately describe the records sought.(c) Description of records sought .. Deletes specific required information for FOIA requests, as long as 

the requester provides enough detail for personnel to find responsive records with a reasonable amount of effort. Incorporates description of what happens if the records are not sufficiently described that is in current § 2507.5(b). 

(d) Third party requests ................. Specifies what happens if the records pertain to a third party and additional information that may be required. 

(e) Date range for requested 

records.

Clarifies that the request may seek records in a specific date range. 

(c) Agreement to pay fees .............. ................................................... Deleted because the proposed rule would not charge for fees totaling 

$25.00 or less. See proposed § 2507.19(d). 

2507.7 Requests for Archived 

Records.

New section to clarify to whom requesters should direct requests for 

records that have been archived. 

Subpart D—Agency Processing 

and Response to FOIA Requests.

New subpart designation. 

2507.5 How does the Corporation 

process requests for records.

2507.8 Processing of Requests .. (See breakdown by paragraph below.). 

(a) Initial processing ........................ (a) Authority to grant or deny requests.Clarifies that the FOIA Officer grants or denies the initial request. 

(b) Insufficiently identified records .. [See 2507.6(c)] .............................. Moves provision on how FOIA Officer addresses requests for records 

that are insufficiently described to § 2507.6(c), and time period for 

response to § 2507.10(f). 

(c) Furnishing records .....................

(d) Format of the disclosure of a 

record.

(b) Providing records ..................... Simplifies current provisions to state that AmeriCorps will ordinarily 

provide the record in electronic form or in other forms upon request 

if readily reproducible in that form. 

(c) Records previously released .... New paragraph. Establishes that AmeriCorps will ordinarily release a 

record if it has released it in the past. 

(d) Consultation, referral, and coordination.New paragraph. Establishes steps AmeriCorps will take when it determines another Federal agency is better able to determine whether a record is exempt from disclosure. 

(e) Release of record ...................... 2507.10 Timing of Responses to 

Requests.

Consolidates all information on timing for responses to FOIA requests 

and adds a new multi-track processing system based on the complexity of the requests. 

(f) Form and content of notice 

granting request.

2507.11 Responses to Requests Adds that AmeriCorps will first acknowledge the FOIA request and 

provide the requester with a tracking number. 

(g) Form and content of notice denying the request.(c)(3) Adverse determinations on 

requests.

Clarifies what qualifies as an adverse determination or denial of a request. 

2507.6 Under what circumstances 

may the Corporation extend the 

time limits for an initial response.

2507.10 Timing of Responses to 

Requests.

Consolidates all information on timing for responses to FOIA requests 

and adds a new multi-track processing system based on the complexity of the requests. 

Subpart F—Appeals and Alternative Dispute Resolution.New subpart designation. 

2507.7 How does one appeal the 

Corporations denial of access to 

records.

2507.14 Administrative Appeals Increases time limit for submitting an appeal to 90 days after the date 

of the adverse determination. Identifies where to send an appeal. 

Refers to the FOIA Appeals Officer rather than the Chief Operating 

Officer as the position designated to act on appeals. 

2507.15 Mediation and Dispute 

Resolution Services.

New section. Establishes requesters’ right to seek dispute resolution 

services from FOIA Public Liaison or mediation services from 

OGIS. 

2507.8 How are fees determined Subpart G—Fees ........................... New subpart designation. See breakdown by paragraphs and proposed sections below. 

(a) Policy ......................................... 2507.17 Fees Overview .............. Consolidates provisions regarding how AmeriCorps will charge fees. 

(b) Types of request ........................ 2507.18 Requester Categories 

and Fees Charged.

Consolidates information to provide a table for types of categories 

and fees. 


jspears on DSK121TN23PROD with PROPOSALS1
25600 Federal Register / Vol. 87, No. 84 / Monday, May 2, 2022 / Proposed Rules 

Current 45 CFR section Proposed 45 CFR section Description of changes 

(c) Direct costs ................................ 2507.16 Definitions for this Subpart.New section. Consolidates definitions for requester categories and 

types of fees into one section. Provisions regarding direct costs are 

contained within definitions for ‘‘duplication fees,’’ ‘‘review fees,’’ 

and ‘‘search fees.’’ 

(d) Charging of fees ........................ 2507.18 Requester Categories 

and fees charged.

Consolidates fees into a table. Increases fees for photocopies from 

10¢ to 20¢ per page. Increases search fee to $70 per hour (in 

place of $12, $28, or $41 per hour depending on who conducts the 

search). 

2507.19 Circumstances in Which 

Fees May Not Be Charged.

New section. Establishes when AmeriCorps may not charge fees and 

establishes 1,000 pages as the threshold for what is considered a 

voluminous request. 

(e) Consent to pay fees .................. 2507.20 Notice of Anticipated 

Fees in Excess of $25.00.

Clarifies steps AmeriCorps will take if it estimates fees to be assessed will exceed $25.00, based on the category of the requester. 

(f) Advance payment ....................... 2507.23 Collection and Payment 

of Fees.

Provides additional information on AmeriCorps’ ability to require an 

advance payment. 

(g) Interest on non-payment ........... 2507.21 Other Charges .............. Adds provision for special services, such as certifying records are 

true copies. 

(h) Aggregating requests ................ 2507.22 Aggregating Requests 

to Ensure Payment of Fees.

Replaces ‘‘solid basis’’ with ‘‘reasonable basis.’’ 

(i) Making payment ......................... 2507.23 Collection and Payment 

of Fees.

Adds that AmeriCorps is not required to accept payments in installments. 

(j) Fee processing ........................... ................................................... Deleted. Proposed rule does not provide for charging fees that total 

$25.00 or less. 

(k) Waiver or reduction of fees ....... 2507.24 Fee Waivers or Fee Reductions.Specifies factors AmeriCorps will consider in determining whether 

disclosure of the information is in the public interest and whether 

the disclosure is primarily in the commercial interest of the requester. 

2507.9 What records will be denied disclosure under this part.2507.9 Reasons for Withholding 

Some Records.

2507.11 Responses to Requests. 

Adds steps AmeriCorps will take in documenting the reason for withholding. Adds expiration to deliberative process of Exemption 5. 

2507.10 What records are specifically exempt from disclosure.................................................... Deleted. Instead refers to exemptions set out in Act. See proposed 

definition of ‘‘exemptions.’’ 

2507.11 What are the procedures 

for the release of commercial 

business information.

Subpart E—Confidential Commercial Information.Replaces ‘‘business submitter’’ with ‘‘submitter’’ to include all submitters of confidential commercial information, rather than just business submitters. Adds that the notification to the submitter will include notice of what information AmeriCorps proposes to disclose 

and withhold. 

2507.12 Definitions for this Subpart.Establishes that AmeriCorps will consider the specific grounds the 

submitter asserts for non-disclosure rather than the general criteria 

listed in the current regulation. 

2507.13 Procedures for Release 

of Commercial Information.

Changes the advance notice of the time period for disclosure from six 

working days to five working days. 

2507.12 Authority .......................... ........................................................ Deleted because authority is stated after the table of contents. 

Subpart H—Miscellaneous ............ New subpart designation. 

2507.25 Preservation of Records New section. Clarifies how AmeriCorps preserves records. 

2507.26 Annual Reporting Requirements.New section. Identifies what reports AmeriCorps will submit to the Attorney General. 

2507.27 Rights and Services 

Qualified by the FOIA Statute.

New section. States that the CFR part should not be interpreted to 

entitle persons to rights or services for which they are not entitled 

under FOIA. 

Appendix A—FOIA Request Letter 

(Sample).

................................................... Deleted. To be made available on website instead of CFR to allow 

for modifications to keep current. 

Appendix B—FOIA Appeal for Release of Information.................................................... Deleted. To be made available on website instead of CFR to allow 

for modifications to keep current. 

III. Regulatory Analyses 

A. Executive Orders 12866 and 13563 

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. The Office of Information 

and Regulatory Affairs in the Office of 

Management and Budget does not 

anticipate that this will be a significant 

regulatory action. 

B. Congressional Review Act (Small 

Business Regulatory Enforcement 

Fairness Act of 1996, Title II, Subtitle E) 

As required by the Congressional 

Review Act (5 U.S.C. 801–808) before an 

interim or final rule takes effect, 

AmeriCorps will submit for an interim 

or final rule a report to each House of 

the Congress and to the Comptroller 

General of the United States. A major 

rule cannot take effect until 60 days 

after it is published in the Federal 

Register. The Office of Information and 

Regulatory Affairs in the Office of 

Management and Budget anticipates 

that this will not be a major rule under 

5 U.S.C. 804 because this rule will not 

result in (1) an annual effect on the 

economy of $100 million or more; (2) a 

major increase in costs or prices for 

consumers, individual industries, 

Federal, state, or local government 

agencies, or geographic regions; or (3) 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 84 / Monday, May 2, 2022 / Proposed Rules 25601 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or on the 

ability of United States-based 

enterprises to compete with foreignbased enterprises in domestic and 

export markets. 

C. Regulatory Flexibility Act 

As required by the Regulatory 

Flexibility Act of 1980 (5 U.S.C. 601 et 

seq.), AmeriCorps certifies that this rule, 

if adopted, will not have a significant 

economic impact on a substantial 

number of small entities. Therefore, 

AmeriCorps has not performed the 

initial regulatory flexibility analysis that 

is required under the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) for 

rules that are expected to have such 

results. 

D. Unfunded Mandates Reform Act of 

1995 

For purposes of Title II of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1531–1538, as well as 

Executive Order 12875, this regulatory 

action does not contain any Federal 

mandate that may result in increased 

expenditures in either Federal, State, 

local, or Tribal governments in the 

aggregate, or impose an annual burden 

exceeding $100 million on the private 

sector. 

E. Paperwork Reduction Act 

Under the PRA, an agency may not 

conduct or sponsor a collection of 

information unless the collections of 

information display valid control 

numbers. This proposed rule does not 

contain information collection 

requirements within the meaning of the 

Paperwork Reduction Act, 44 U.S.C. 

3501–3520. 

F. Executive Order 13132, Federalism 

Executive Order 13132, Federalism, 

prohibits an agency from publishing any 

rule that has Federalism implications if 

the rule imposes substantial direct 

compliance costs on State and local 

governments and is not required by 

statute, or the rule preempts State law, 

unless the agency meets the 

consultation and funding requirements 

of section 6 of the Executive Order. This 

rule does not have any Federalism 

implications, as described above. 

G. Takings (E.O. 12630) 

This proposed rule does not affect a 

taking of private property or otherwise 

have taking implications under 

Executive Order 12630 because this 

proposed rule does not affect individual 

property rights protected by the Fifth 

Amendment or involve a compensable 

‘‘taking.’’ A takings implication 

assessment is not required. 

H. Civil Justice Reform (E.O. 12988) 

This proposed rule complies with the 

requirements of Executive Order 12988. 

Specifically, this rule: (a) Meets the 

criteria of section 3(a) requiring that all 

regulations be reviewed to eliminate 

errors and ambiguity and be written to 

minimize litigation; and (b) meets the 

criteria of section 3(b)(2) requiring that 

all regulations be written in clear 

language and contain clear legal 

standards. 

I. Consultation With Indian Tribes (E.O. 

13175) 

AmeriCorps recognizes the inherent 

sovereignty of Indian Tribes and their 

right to self-governance. We have 

evaluated this rule under our 

consultation policy and the criteria in 

E.O. 13175 and determined that this 

rule does not impose substantial direct 

effects on federally recognized Tribes. 

J. Clarity of This Regulation 

We are required by Executive Orders 

12866 (section 1(b)(12)), and 12988 

(section 3(b)(1)(B)), and 13563 (section 

1(a)), and by the Presidential 

Memorandum of June 1, 1998, to write 

all rules in plain language. This means 

that each proposed rule we publish 

must: (a) Be logically organized; (b) use 

the active voice to address readers 

directly; (c) use clear language rather 

than jargon; (d) be divided into short 

sections and sentences; and (e) use lists 

and tables wherever possible. If you feel 

that we have not met these 

requirements, please send us comments 

by one of the methods listed in the 

ADDRESSES section. To help us revise the 

rule, your comments should be as 

specific as possible. 

List of Subjects in 45 CFR Part 2507 

Freedom of information. 

For the reasons stated in the 

preamble, AmeriCorps proposes to 

revise 45 CFR part 2507 to read as 

follows: 

■ 1. Revise Part 2507 to read as follows: 

PART 2507—PROCEDURES FOR 

DISCLOSURE OF RECORDS UNDER 

THE FREEDOM OF INFORMATION ACT 

Subpart A—General Provisions 

Sec. 

2507.1 Scope. 

2507.2 Policy. 

2507.3 Definitions. 

2507.4 Agency FOIA Officials. 

Subpart B—Proactive Disclosures of 

Agency Records 

2507.5 Records Available on Agency 

Website. 

Subpart C—Filing a FOIA Request 

2507.6 Requirements for FOIA Requests. 

2507.7 Requests for Archived Records. 

Subpart D—Agency Processing and 

Responses to FOIA Requests 

2507.8 Processing of Requests. 

2507.9 Reasons for Withholding Some 

Records. 

2507.10 Timing of Responses to Requests. 

2507.11 Responses to Requests. 

Subpart E—Confidential Commercial 

Information 

2507.12 Definitions for this Subpart. 

2507.13 Procedures for Release of 

Commercial Information. 

Subpart F—Appeals and Alternative Dispute 

Resolution 

2507.14 Administrative Appeals. 

2507.15 Mediation and Dispute Resolution 

Services. 

Subpart G—Fees 

2507.16 Definitions for This Subpart. 

2507.17 Fees Overview. 

2507.18 Requester Categories and Fees 

Charged. 

2507.19 Circumstances in Which Fees May 

Not Be Charged. 

2507.20 Notice of Anticipated Fees in 

Excess of $25.00. 

2507.21 Other Charges. 

2507.22 Aggregating Requests to Ensure 

Payment of Fees. 

2507.23 Collection and Payment of Fees. 

2507.24 Fee Waivers or Fee Reductions. 

Subpart H—Miscellaneous 

2507.25 Preservation of Records. 

2507.26 Annual Reporting Requirements. 

2507.27 Rights and Services Qualified by 

the FOIA Statute. 

Authority: 5 U.S.C. 552, 42 U.S.C. 12501 

et seq. 

Subpart A—General Provisions 

§ 2507.1 Scope. 

This part contains the rules that the 

Corporation for National and 

Community Service, operating as 

AmeriCorps (‘‘the Agency’’ or 

‘‘AmeriCorps’’), follows in processing 

requests for records under the Freedom 

of Information Act (‘‘FOIA’’), 5 U.S.C. 

552. These rules 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 AmeriCorps’ Privacy 


jspears on DSK121TN23PROD with PROPOSALS1
25602 Federal Register / Vol. 87, No. 84 / Monday, May 2, 2022 / Proposed Rules 

Act regulations, 45 CFR part 2508, as 

well as under this part. 

§ 2507.2 Policy. 

(a) AmeriCorps follows a balanced 

approach in administering the FOIA. 

The Agency recognizes the right of the 

public to seek access to information in 

its possession. It also recognizes the 

legitimate interests of organizations or 

persons who have submitted records to 

AmeriCorps or who would otherwise be 

affected by release of records. 

AmeriCorps has no discretion to release 

certain records, such as trade secrets 

and confidential commercial 

information, prohibited from release by 

law. The Agency provides the fullest 

responsible disclosure that is consistent 

with the requirements of the FOIA. 

(b) When a FOIA exemption gives 

Federal agencies the discretion to either 

withhold or release records, AmeriCorps 

releases the records or information 

whenever it determines that disclosure 

would not foreseeably harm an interest 

that the exemption protects. However, 

this practice does not create any right 

enforceable in court. 

§ 2507.3 Definitions. 

As used in this part: 

Agency is any executive agency, 

military agency, government 

corporation, government-controlled 

corporation, or other establishment in 

the Executive Branch of the Federal 

Government, or any independent 

regulatory agency. AmeriCorps is an 

agency. 

AmeriCorps or the Agency means the 

Corporation for National and 

Community Service, which operates as 

AmeriCorps. 

Complex request is a request that 

typically seeks a high volume of 

material or requires additional steps to 

process, such as the need to search for 

records in multiple locations. 

Consultation is when AmeriCorps 

locates a record that contains 

information of interest to another 

agency, and, before any final 

determination is made, AmeriCorps asks 

that other agency for its views on 

whether or not the records can be 

released to the requester. 

Exemptions are the nine categories of 

information that are not required to be 

released in response to a FOIA request 

because release would be harmful to a 

government or private interest. These 

categories are called ‘‘exemptions’’ from 

disclosure. 

Expedited processing is the FOIA 

response track granted in certain limited 

situations to process FOIA requests 

ahead of other pending requests. 

FOIA request is a written request for 

Agency records, made by any person, 

including a member of the public (U.S. 

or foreign citizen), an organization, or a 

business—but not including a Federal 

agency, an agent of a foreign 

government, an order from a court, or a 

fugitive from the law—that either 

explicitly or implicitly involves the 

FOIA, or this part. 

Freedom of Information Act (FOIA) is 

a United States Federal law that grants 

the public access to records possessed 

by government agencies. Upon written 

request, U.S. Government agencies are 

required to release records, except to the 

extent the records fall under one of the 

nine exemptions listed in the Act. 

Frequently requested records are 

records that have been requested three 

or more times from AmeriCorps and 

released either in full or with the same 

information withheld. 

Multitrack processing is a system that 

divides incoming FOIA requests into 

processing tracks according to their 

complexity. 

Office of Government Information 

Services (OGIS) is an office within the 

National Archives and Records 

Administration that offers mediation 

services to resolve disputes between 

FOIA requesters and agencies, as a nonexclusive alternative to litigation. OGIS 

also reviews agency FOIA compliance, 

policies, and procedures and makes 

recommendations for improvement. 

Proactive disclosures are records that 

agencies make publicly available 

without waiting for a specific FOIA 

request. 

Record means information, regardless 

of the form in which it is stored or its 

characteristics, which is created or 

obtained by an agency and is under the 

control of the agency at the time of the 

request. It includes information 

maintained for the agency by an entity 

under government contract for records 

management purposes. It does not 

include records that do not already exist 

and that would have to be created 

specifically to respond to a request. 

Referral occurs when an agency 

locates a record that originated with, or 

is of otherwise primary interest to, 

another agency. The receiving agency 

will forward that record to the other 

agency to process the record and to 

provide the final determination directly 

to the requester. 

Search is the process of looking for 

and retrieving records or information 

responsive to a request. 

Simple request is a FOIA request that 

an agency anticipates will involve a 

small volume of material or which the 

agency will be able to process relatively 

quickly. 

Tolling means temporarily stopping 

the running of a time limit. 

§ 2507.4 Agency FOIA Officials. 

The following are AmeriCorps’ 

authorized FOIA officials, each of whom 

will be identified on americorps.gov, 

and their roles. 

(a) The Chief FOIA Officer: 

(1) Has overall responsibility for 

AmeriCorps’ compliance with the FOIA; 

(2) Provides high-level oversight and 

support to AmeriCorps’ FOIA program; 

(3) Recommends adjustments to 

AmeriCorps’ practices, personnel, and 

funding, as needed, to improve FOIA 

administration, including through the 

Chief FOIA Officer Report submitted 

annually to the U.S. Department of 

Justice; 

(4) Tells the FOIA Office of all 

significant developments with respect to 

the FOIA; 

(5) Is responsible for offering training 

to agency staff regarding their FOIA 

responsibilities; 

(6) Serves as the primary liaison with 

the Office of Government Information 

Services and the U.S. Department of 

Justice’s Office of Information Policy; 

and 

(7) Reviews, at least annually, all 

aspects of AmeriCorps’ administration 

of the FOIA to ensure compliance with 

the FOIA’s requirements. 

(b) The FOIA Officer receives, tracks, 

and processes the Agency’s FOIA 

requests, including making final release 

determinations. The FOIA Officer is 

responsible for program direction, 

original denials, and policy decisions 

required for effective implementation of 

the Agency’s FOIA program. 

(c) The FOIA Appeals Officer receives 

and act upon appeals from requesters 

whose initial requests for the Agency’s 

records have been denied, in whole or 

in part. 

(d) The FOIA Public Liaison serves as 

the official to whom a FOIA requester 

can raise concerns about the services 

received, following an initial response 

from the FOIA Officer. In addition, the 

FOIA Public Liaison assists, as 

appropriate, in reducing delays, 

increasing transparency, answering 

requesters’ questions about the status of 

their requests, and resolving disputes. 

Subpart B—Proactive Disclosures of 

Agency Records 

§ 2507.5 Records Available on Agency 

Website. 

(a) AmeriCorps regularly updates and 

posts the following on its public 

website, americorps.gov: 

(1) Information that is required to be 

published in the Federal Register under 

5 U.S.C. 552(a)(1) and: 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 84 / Monday, May 2, 2022 / Proposed Rules 25603 

(2) Administrative staff manuals and 

instructions to staff that affect any 

member of the public. 

(3) Statements of policy and 

interpretation adopted by AmeriCorps 

and not published in the Federal 

Register. 

(4) Final opinions, including 

concurring and dissenting opinions, as 

well as orders, made in the adjudication 

of administrative cases. 

(b) AmeriCorps makes available on its 

FOIA web page, https://americorps.gov/ 

about/agency-overview/foia-privacy-act: 

(1) Records that are required by the 

FOIA to be made available for public 

inspection and copying under 5 U.S.C 

552(a)(2); and 

(2) Records that, because of their 

subject matter, have become or are 

likely to become frequently requested 

records or the subject of subsequent 

requests for substantially the same 

records. AmeriCorps will decide on a 

case-by-case basis whether records fall 

into this category, based on the 

following factors: 

(i) Previous experience with similar 

records; 

(ii) The characteristics of the records, 

including their nature and the type of 

information contained in them; and 

(iii) The identity and number of 

requesters and whether there is 

widespread media, historical, academic, 

or commercial interest in the records. 

(c) For help from the FOIA Officer or 

the FOIA Public Liaison in finding 

proactively disclosed records, members 

of the public may contact AmeriCorps at 

foia@cns.gov or at: AmeriCorps, Office 

of the General Counsel, 250 E Street SW, 

Washington, DC 20525. 

Subpart C—Filing a FOIA Request 

§ 2507.6 Requirements for FOIA Requests. 

(a) General information. AmeriCorps 

has a centralized system for responding 

to FOIA requests. AmeriCorps 

headquarters is the central processing 

point for all requests for Agency 

records, regardless of where they are 

stored. State service commissions are 

not part of AmeriCorps and are not 

Federal agencies, and thus are not 

subject to the FOIA. 

(b) Directions for making requests. All 

FOIA requests must be submitted in 

writing to the FOIA Officer at 

AmeriCorps headquarters in one of the 

following ways: 

(1) By email: foia@cns.gov. Including 

a phone number with a request will 

help with processing. 

(2) By online submission: via the 

National FOIA Portal at www.FOIA.gov. 

(3) By mail: AmeriCorps, Attn.: FOIA 

Officer, Office of General Counsel, 250 

E Street SW, Washington, DC 20525. 

(4) By fax: (202) 606–3467. 

(c) Description of records sought. 

Requesters must provide enough detail 

about the Agency’s records they seek 

that AmeriCorps personnel can find 

responsive records, if they exist, with a 

reasonable amount of effort. To the 

extent possible, requesters should 

include information that helps identify 

the records, such as dates, titles or 

names, authors, recipients, subject 

matter of the records, or assigned 

reference numbers. 

(1) If a request does not reasonably 

describe the records sought, 

AmeriCorps’ response to the request 

may be delayed or denied. Requesters 

may provide a telephone number or 

email address in their request that 

AmeriCorps can use to contact them for 

clarification or to help them narrow 

down a request that would otherwise be 

unduly burdensome. Requesters may 

adjust their request or ask for advice on 

writing a request by sending a note to 

foia@cns.gov. 

(2) When AmeriCorps determines that 

a request does not sufficiently describe 

the records sought, it will ask the 

requester for further information. If the 

requester does not respond to a request 

for additional information within thirty 

(30) working days, the request may be 

administratively closed at AmeriCorps’ 

discretion. This administrative closure 

does not prejudice the requester’s ability 

to submit a new request for further 

consideration with additional 

information. 

(d) Third party requests. When a 

request for records pertains to a third 

party (that is, a person other than the 

requester), the requester may receive 

greater access by submitting a notarized 

authorization signed by the third party 

or a declaration, made in compliance 

with the requirements set forth in the 

FOIA, that the third party authorizes 

disclosure of the records to the 

requester, or proof that the third party 

is deceased (for example, a copy of a 

death certificate or a published 

obituary). If necessary, AmeriCorps may 

require additional information from a 

requester to verify that the third-party 

consents to disclosure. Alternatively, 

requesters may demonstrate an 

overriding public interest in the 

disclosure of information pertaining to a 

third party (for example, by producing 

evidence that alleged Government 

impropriety occurred, necessitating a 

disclosure of information related to 

official misconduct). 

(e) Date range for requested records. 

Requesters may ask for a specific date 

range for a search, but requests may not 

ask for records that are anticipated for 

the future, but do not yet exist. As it 

determines which records are 

responsive to a request, AmeriCorps 

ordinarily will include only records in 

its possession as of the date it begins its 

search. 

§ 2507.7 Requests for Archived Records. 

In accordance with agency records 

schedules and General Records 

Schedules, AmeriCorps transfers 

permanent records to the National 

Archives and Records Administration 

(‘‘National Archives’’). Once these 

records are transferred, they are in the 

physical and legal custody of the 

National Archives. Accordingly, 

requests for retired AmeriCorps records 

should be submitted to the National 

Archives by mail addressed to: Special 

Access and FOIA Staff (NWCTF), 8601 

Adelphi Road, Room 5500, College Park, 

MD 20740; by fax to (301) 837–1864; or 

by email to specialaccess_foia@

nara.gov. 

Subpart D—Agency Processing and 

Response to FOIA Requests 

§ 2507.8 Processing of Requests. 

(a) Authority to grant or deny 

requests. The FOIA Officer is authorized 

to grant or deny any requests for records 

maintained by AmeriCorps. If the 

request is for records under the control 

and jurisdiction of the Office of the 

Inspector General, the FOIA Officer will 

forward the request to the Inspector 

General for the initial determination and 

the reply to the requester. 

(b) Providing records. AmeriCorps 

will provide copies only of records it 

has in its possession. AmeriCorps is not 

compelled to create new records to 

respond to a FOIA request, answer 

questions posed as FOIA requests, 

perform research for a requester, 

compile lists of selected items from its 

files, or provide a requester with 

statistical or other data, unless such data 

has been compiled previously and is 

available in the form of a record. 

(1) AmeriCorps is required to provide 

only one copy of a record. 

(2) AmeriCorps will ordinarily 

provide the record in electronic form. 

Requesters may specify the preferred 

form or format for the records they seek, 

and AmeriCorps will provide releasable 

records in that form or format if they are 

readily reproducible in that way and the 

format allows for any necessary 

redactions. 

(3) If AmeriCorps cannot make a 

legible copy of a record to be released, 

it is not required to reconstruct the 

record. Instead, AmeriCorps will furnish 

the best copy possible and note the 

record’s poor quality in its reply. 


jspears on DSK121TN23PROD with PROPOSALS1
25604 Federal Register / Vol. 87, No. 84 / Monday, May 2, 2022 / Proposed Rules 

(c) Records previously released. If 

AmeriCorps has released a record, or a 

part of a record, to a requester in the 

past, it will ordinarily release it to a new 

requester. However, this principle does 

not apply if the previous release was 

unauthorized and AmeriCorps will not 

release it to the new requester if a 

statute forbids this disclosure, or if an 

exemption applies that did not apply 

earlier. If an exemption is the reason for 

denial, AmeriCorps will specify the 

exemption under which information is 

withheld. 

(d) Consultation, referral, and 

coordination. When AmeriCorps 

reviews records in response to a request 

and determines that another agency of 

the Federal Government is better able to 

determine whether a record is exempt 

from disclosure under the FOIA and, if 

so, whether it should be released as a 

matter of discretion, AmeriCorps will 

proceed in one of the following ways: 

(1) Consultation. When records 

originated with AmeriCorps but contain 

within them information of interest to 

another agency, or other Federal 

Government office, AmeriCorps 

consults with that other agency before 

making a release determination. 

(2) Referral. 

(i) When AmeriCorps believes that a 

different agency or other Federal 

Government office that is subject to the 

FOIA is best able to determine whether 

to disclose the record, AmeriCorps 

refers the responsibility for responding 

to the request regarding that record. 

Ordinarily, the agency that originated a 

record will be presumed to be best able 

to make the disclosure determination. 

However, if AmeriCorps and the 

originating agency jointly agree that 

AmeriCorps is in the best position to 

respond regarding the record, then the 

record may be handled as a 

consultation. 

(ii) Whenever AmeriCorps refers any 

part of the responsibility for responding 

to a request to another agency, it will 

document the referral, maintain a copy 

of the record that it refers, notify the 

requester of the referral, and tell the 

requester the name(s) of the agency to 

which the record was referred and that 

agency’s FOIA contact information. 

§ 2507.9 Reasons for Withholding Some 

Records. 

(a) AmeriCorps records will be made 

available to the public unless it 

determines that such records should be 

withheld from disclosure under 

subsection 552(b) of the Act and/or in 

accordance with this part. Section 

552(b) of the FOIA contains nine 

exemptions to the mandatory disclosure 

of records. 

(b) AmeriCorps will: 

(1) Withhold information under the 

FOIA only if disclosure is prohibited by 

law or it reasonably foresees that 

disclosure would harm an interest 

protected by an exemption. 

(2) Consider whether partial 

disclosure of information is possible 

whenever it determines that a full 

disclosure of a requested record is not 

possible. 

(3) Take reasonable steps necessary to 

segregate and release nonexempt 

information. 

(4) Note in the record and response 

letter the basis for a redaction when it 

withholds information in a record, or an 

entire record. 

(c) To the extent it properly can under 

an exemption, AmeriCorps will 

withhold information it obtains from 

any submitter that gave it to the agency 

in reliance on a statutory or regulatory 

provision for confidentiality. This 

section does not authorize the giving of 

any pledge of confidentiality by any 

officer or employee of AmeriCorps. 

(d) The deliberative process privilege 

of Exemption 5 of the FOIA will not 

apply to records created 25 years or 

more before the date when the records 

were requested. 

§ 2507.10 Timing of Responses to 

Requests. 

(a) In General. AmeriCorps ordinarily 

will respond to requests according to 

their order of receipt. 

(b) Multitrack processing. AmeriCorps 

processes requests in a multitrack 

system based on the date of receipt, the 

amount of work and time involved in 

processing the request, and whether the 

request qualifies for expedited 

processing. This multitrack processing 

system does not lessen the Agency’s 

responsibility to process requests as 

quickly as possible. 

(1) AmeriCorps uses three tracks: 

(i) A track for simple requests that can 

be processed in 20 working days; 

(ii) A track for complex requests that 

require more than 20 working days; and 

(iii) A track for expedited processing. 

(2) Within each track, processing will 

ordinarily proceed on a ‘‘first-in, firstout’’ basis, and rank-ordered by the date 

of receipt of the request, unless there are 

unusual circumstances as set forth in 

paragraph (c) of this section, or the 

requester is entitled to expedited 

processing as set forth in paragraph (e) 

of this section. 

(3) If a request does not qualify as 

simple, AmeriCorps may give the 

requester an opportunity to limit the 

scope of the request in order to qualify 

for faster processing. 

(c) Unusual circumstances. Whenever 

the statutory time limit for processing a 

request cannot be met because of 

‘‘unusual circumstances,’’ as defined in 

the FOIA, and AmeriCorps extends the 

time limit on that basis, AmeriCorps 

will: 

(1) Before expiration of the 20-day 

period to respond, notify the requester 

in writing of the unusual circumstances 

and when AmeriCorps expects to 

complete processing the request; and 

(2) When the extension exceeds 10 

working days, AmeriCorps will: 

(i) Notify the requester in writing of 

the right to seek dispute resolution 

services from the Office of Government 

Information Services (OGIS); 

(ii) Give the requester an opportunity 

to modify the request or arrange an 

alternative time period for processing; 

and 

(iii) Provide contact information for 

the FOIA Public Liaison. 

(d) Aggregating Requests to Satisfy 

Unusual Circumstances. For the 

purposes of satisfying unusual 

circumstances under the FOIA, 

AmeriCorps may aggregate requests in 

cases where it reasonably appears that 

multiple requests, submitted either by a 

requester or by a group of requesters 

acting in concert, constitute a single 

request that would otherwise involve 

unusual circumstances. AmeriCorps 

will not aggregate multiple requests that 

involve unrelated matters. 

(e) Expedited processing. 

(1) Requests and appeals will be 

processed 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 a person; 

(ii) An urgency to inform the public 

about an actual or alleged Federal 

Government activity, if the request is 

made by a person who is primarily 

engaged in disseminating information; 

(iii) The loss of substantial due 

process rights; or 

(iv) A matter of widespread and 

exceptional media interest in which 

there exist possible questions about the 

Government’s integrity that affect public 

confidence. 

(2) A requester who seeks expedited 

processing must submit a statement, 

certified to be true and correct, that 

explains in detail the basis for 

requesting expedited processing. 

(i) For example, under paragraph 

(e)(1)(ii) of this section, a requester who 

is not a full-time member of the news 

media must establish that their primary 

professional activity or occupation is 

information dissemination, though it 

need not be their sole occupation. They 

must also clearly describe why there is 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 84 / Monday, May 2, 2022 / Proposed Rules 25605 

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. 

(ii) As a matter of administrative 

discretion, AmeriCorps may waive the 

formal certification requirement. 

(3) Within 10 calendar days of 

receiving a request for expedited 

processing, AmeriCorps will notify the 

requester of its decision whether to 

grant or deny the request. If AmeriCorps 

grants expedited processing, the request 

will be placed in the expedited 

processing track and be processed as 

soon as practicable. If AmeriCorps 

denies a request for expedited 

processing, it will act expeditiously on 

any appeal of that decision. 

(f) Tolling. The 20-day period under 

paragraph (b)(1) of this section 

commences on the date that the request 

is first received by the FOIA Officer. 

The 20-day period will not be tolled by 

AmeriCorps except under the following 

circumstances: 

(1) The FOIA Officer may make one 

request to the requester for information 

and will toll the 20-day period while 

waiting for the information. The time 

from this request to the FOIA Officer’s 

receipt of a response that addresses the 

questions will be tolled. 

(2) If the requester has indicated that 

they are willing to pay fees up to a 

certain amount, but the estimated fee 

exceeds that amount, the FOIA Officer 

will notify them of the higher estimated 

fees and ask if they wish to revise the 

amount of fees they are willing to pay 

or modify the request. The time from 

this request to the FOIA Officer’s receipt 

of a response that addresses the 

questions will be tolled. 

§ 2507.11 Responses to Requests. 

(a) In general. To the extent 

practicable, AmeriCorps will 

communicate with requesters using 

electronic means, such as email. 

(b) Acknowledgment of requests. 

AmeriCorps will acknowledge the 

request and inform the requester of the 

tracking number assigned to the request. 

(c) Determinations on requests. In all 

determinations on requests, AmeriCorps 

will notify the requester in writing of 

the right to seek assistance from 

AmeriCorps’ FOIA Public Liaison. 

(1) Grants of requests for records. 

When AmeriCorps grants a request in 

for records in full, it will notify the 

requester in writing and provide the 

records. If fees apply, AmeriCorps will 

inform the requester of those fees and 

send them the requested records 

promptly upon their payment of those 

fees. 

(2) Grants for other matters. When 

AmeriCorps grants a request for a fee 

waiver, modification of a request, or 

expedited processing, it will notify the 

requester promptly, in writing. 

(3) Adverse determinations on 

requests. If AmeriCorps denies a request 

in any respect, it will notify the 

requester in writing of the 

determination and their right to seek 

dispute resolution services from 

AmeriCorps’ FOIA Public Liaison or the 

Office of Government Information 

Services. 

(i) Adverse determinations, or denials 

of requests for records, include 

decisions that a record, or portion of it, 

is exempt; that the request does not 

reasonably describe the records sought; 

that the record is not subject to the 

FOIA, is not an agency record, does not 

exist, cannot be located, or has been 

destroyed; or that the record is not 

readily reproducible in the format 

sought by the requester. 

(ii) Adverse determinations also 

include denials involving fees or fee 

waiver matters or denials of requests for 

expedited proceeding. 

(iii) Information provided in the case 

of a denial. Response letters that deny 

all or part of a request will be signed by 

the person making the decision and will 

provide: 

(A) In the case of records withheld in 

whole or in part, a general description 

of what has been withheld and an 

estimate of the volume of material 

withheld; 

(B) the reasons for the denial, 

including, as applicable, a reference to 

the specific FOIA exemption that 

authorizes the withholding; 

(C) an explanation of the requester’s 

appeal rights as described in Subpart F 

and the name and contact information 

of the Agency’s FOIA Appeals Officer. 

Subpart E—Confidential Commercial 

Information 

§ 2507.12 Definitions for this Subpart. 

In addition to the definitions in 

§ 2507.3, the following definitions apply 

to this subpart: 

Submitter means any person or entity, 

including a corporation, state, or foreign 

government, but not including another 

Federal Government entity, that 

provides information, either directly or 

indirectly, to the Federal Government. 

Confidential commercial information 

means commercial or financial 

information obtained by an agency from 

a submitter that may be protected from 

disclosure under Exemption 4 of the 

FOIA, 5 U.S.C. 552(b)(4). 

§ 2507.13 Procedures for Release of 

Commercial Information. 

(a) Notification to submitters of 

confidential commercial or financial 

information. When AmeriCorps 

possesses confidential commercial or 

financial information, and receives a 

request for the records, the Agency will, 

before release of any information: 

(1) Notify the submitter about the 

request and provide copies of the 

requested records; 

(2) Tell the submitter what 

information it proposes to disclose and 

withhold in accordance with Exemption 

(b)(4) of the Act; and 

(3) Require the submitter to inform 

the agency in writing, within 10 

business days, if they object to any 

proposed disclosure of commercial or 

financial information in the records. 

(b) When notice to submitter is not 

required. AmeriCorps will not give 

notice to a submitter of confidential 

commercial or financial information if: 

(1) The Agency determines that the 

information shall not be disclosed; 

(2) The information has previously 

been published or otherwise lawfully 

been made available to the public; or 

(3) Disclosure of the information is 

required by law (other than 5 U.S.C. 

552). 

(c) Analysis of objection. AmeriCorps 

will consider a submitter’s objections 

and specific grounds for nondisclosure 

in deciding whether to disclose the 

requested information. 

(d) Disclosure over the objection of a 

submitter. Whenever AmeriCorps 

determines to disclose information over 

the objection of a submitter of 

commercial or financial information, it 

will send the submitter written notice 

that includes: 

(1) A description of the commercial or 

financial information to be released to 

the requester; 

(2) The reasons why the submitter’s 

objection to release was not sustained; 

(3) The date when the records will be 

disclosed, which shall be not less than 

5 business days after the notice is sent. 

(e) Notice of suit for release. 

Whenever a requester brings suit to 

compel the disclosure of a submitter’s 

commercial or financial information, 

AmeriCorps will promptly notify the 

submitter. 

Subpart F—Appeals and Alternative 

Dispute Resolution 

§ 2507.14 Administrative Appeals. 

Whenever AmeriCorps denies a FOIA 

request, it will inform the requester of 

the reasons for the denial and of the 

requester’s right to appeal the denial to 

the FOIA Appeals Officer. 


jspears on DSK121TN23PROD with PROPOSALS1
25606 Federal Register / Vol. 87, No. 84 / Monday, May 2, 2022 / Proposed Rules 

(a) What a requester may appeal. A 

requester may appeal: 

(1) The withholding of a document or 

part of a document; 

(2) Denial of a fee waiver request; 

(3) The type or amount of fees they 

were charged; 

(4) Any other type of adverse 

determination under the FOIA; or 

(5) A failure by AmeriCorps to 

conduct an adequate search for the 

requested records. 

(b) What a requester may not appeal. 

A requester may not appeal the lack of 

a timely response. 

(c) When appeal is required. A 

requester must generally submit a 

timely administrative appeal before they 

seek court review of the Agency’s 

adverse determination. 

(d) Requirements for making an 

appeal. A requester must: 

(1) Make the appeal in writing; 

(2) transmit or postmark the appeal 

within 90 calendar days after the date of 

adverse determination; 

(3) clearly identify the assigned 

request number and the Agency 

determination they are appealing; 

(4) mark the subject line of the appeal 

email, or letter and envelope, with 

‘‘FOIA Appeal.’’ 

(e) Where to file an appeal. A 

requester may file an appeal by sending 

an email to foia@cns.gov to the attention 

of the FOIA Appeals Officer, or a letter 

to: FOIA Appeals Officer, AmeriCorps, 

250 E Street SW, Washington, DC 

20525. There is no charge for filing an 

administrative appeal. 

(f) Adjudication of appeals. 

(1) The FOIA Appeals Officer will 

conduct de novo review and make the 

final determination on appeals. 

(2) An appeal ordinarily will not be 

adjudicated if the request becomes a 

matter of FOIA litigation. 

(f) Decisions on appeals. The FOIA 

Appeals Officer will provide the 

decision on any appeal in writing 

within 20 days (excepting Saturdays, 

Sundays, and legal public holidays) 

from the date the FOIA Appeals Officer 

received the appeal. The FOIA Appeals 

Officer’s determination of an appeal 

constitutes the Agency’s final action. 

(1) If the FOIA Appeals Officer’s 

decision upholds the Agency’s 

determination, the decision will: 

(i) State the reasons for the 

affirmance, including any FOIA 

exemptions applied; 

(ii) notify the requester of their 

statutory right to file a lawsuit; and 

(iii) inform the requester of the 

mediation services offered by OGIS as a 

non-exclusive alternative to litigation. 

(2) If the FOIA Appeals Officer’s 

decision remands or modifies the 

Agency determination, either in whole 

or in part, they will notify the requester 

of that determination in writing. 

Thereafter, AmeriCorps will re-process 

the FOIA request in accordance with 

that determination and promptly send 

the records to the requester, unless a 

reasonable delay is justified. 

§ 2507.15 Mediation and Dispute 

Resolution Services. 

If a requester receives an adverse 

determination on a FOIA request, they 

have the right to seek dispute resolution 

services from the FOIA Public Liaison 

or mediation services from OGIS. 

Congress has charged OGIS with 

resolving FOIA disputes between 

Federal agencies and requesters. OGIS’s 

mediation services are an alternative to 

litigation, but do not preclude it. 

Subpart G—Fees 

§ 2507.16 Definitions for this Subpart. 

In addition to the definitions in 

§ 2507.3, the following definitions apply 

to this subpart: 

Commercial use request is a FOIA 

request for a purpose that furthers a 

commercial, trade, or profit interest, 

which can include furthering those 

interests through litigation. The 

Agency’s decision to place a requester 

in the commercial use category will be 

made on a case-by-case basis, in 

consideration of the requester’s 

intended use of the information. 

Direct costs are the expenses 

AmeriCorps incurs in searching for and 

duplicating (and, in the case of 

commercial use requests, reviewing) 

records in order to respond to a FOIA 

request. Direct costs do not include 

overhead expenses such as the costs of 

space, or of heating or lighting a facility. 

Duplication fees are the reasonable 

direct costs of making copies of records 

to respond to a FOIA request, including 

the cost of materials to produce paper 

copies and materials plus operator time 

to produce tapes, disks, or other media. 

Educational institution is any school 

that operates a program of scholarly 

research. To qualify for this fee category, 

a requester must show that the request 

is authorized by, and made under the 

auspices of, an educational institution 

and that the records are not sought for 

a commercial use, but rather are sought 

to further scholarly research. The 

request must serve the scholarly 

research goals of the institution rather 

than an individual research goal. 

Fee waiver is a waiver or reduction of 

processing fees if a requester can 

demonstrate that certain statutory 

standards are satisfied, including that 

the information is in the public interest 

and is not requested for a commercial 

interest. 

Noncommercial scientific institution 

is an institution that is not operated on 

a ‘‘commercial’’ basis, as defined in 

paragraph (b)(1) 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 

must show that the request is authorized 

by, and made under the auspices of, a 

qualifying institution and that the 

records are sought to further scientific 

research and are not for a commercial 

use. 

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. In this clause, the term 

‘‘news’’ means information that is about 

current events or that would be of 

current interest to the public. A 

freelance journalist will be regarded as 

a representative of the news media if 

they demonstrate a solid basis for 

expecting publication through a news 

media entity. 

Review fees are the direct costs 

incurred during the initial examination 

of a document to determine if it must be 

disclosed under the FOIA. This includes 

doing all that is necessary to prepare a 

record for disclosure, such as redacting 

the record and marking the appropriate 

exemptions. Review time also includes 

time spent obtaining and considering 

any formal objection to disclosure made 

by a confidential commercial 

information submitter. It does not 

include time spent resolving general 

legal or policy issues regarding the 

application of exemptions. Review fees 

are properly charged even if a record 

ultimately is not disclosed. 

Search fees are costs of all time spent 

looking for responsive material, 

including, if necessary, page-by-page or 

line-by-line identification of 

information within records. 

§ 2507.17 Fees Overview. 

(a) AmeriCorps will charge fees for 

processing FOIA requests in accordance 

with the provisions of this subpart and 

with the OMB Guidelines unless a 

waiver or reduction of fees has been 

granted under § 2507.24. 

(b) AmeriCorps will search for, 

review, and duplicate records in the 

most efficient and the least expensive 

manner. 

(c) AmeriCorps may properly charge 

for time spent searching even if it does 

not locate any responsive records or if 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 84 / Monday, May 2, 2022 / Proposed Rules 25607 

it determines that the records are 

entirely exempt from disclosure. 

(d) Review fees will be assessed in 

connection with the Agency’s initial 

review of the record to determine 

whether an exemption applies to a 

record or portion of a record. 

(e) No charge will be made at the 

administrative review stage for review 

of exemptions that were applied at the 

initial review stage. However, if one or 

more exemptions are deemed to no 

longer apply, the costs associated with 

the Agency’s re-review of the records to 

consider the use of other exemptions 

may be assessed as review fees. 

(f) Requesters may seek a fee waiver. 

AmeriCorps will consider requests for 

fee waiver in accordance with the 

requirements in § 2507.24. 

(g) To resolve any fee issues that arise 

under this section, AmeriCorps may 

contact a requester for additional 

information. 

§ 2507.18 Requester Categories and Fees 

Charged. 

(a) The FOIA establishes the following 

categories of requesters and, depending 

on the category, these types of fees to be 

paid: 

(1) Commercial use requesters: These 

pay search, review, and duplication 

fees. 

(2) Non-commercial scientific 

institutions, educational institutions 

whose purpose is scholarly or scientific 

research, or news media requesters: 

These pay only duplication fees. 

(3) All other requesters: These pay 

search and duplication fees. 

(b) The fee schedule for search, 

review, and duplication is as follows: 

Requester Search fee Review fee Duplication fee 

Commercial Use Requester .................... $70.00 per hour ..................................... $70.00 per hour For photocopies, 20¢ per page. 

Educational & Non-Commercial Scientific 

Institutions.

No fee .................................................... No fee ............... For photocopies, the first 100 pages are 

free; after that, 20¢ per page. 

Representatives of the News Media ....... No fee .................................................... No fee ............... For photocopies, the first 100 pages are 

free; after that, 20¢ per page. 

All Others ................................................. The first two hours are free; after that 

$70.00 per hour.

No fee ............... For photocopies, the first 100 pages are 

free; after that, 20¢ per page. 

§ 2507.19 Circumstances in Which Fees 

May Not Be Charged. 

(a) If AmeriCorps fails to comply with 

the time limits for responding to a 

request, and if no unusual or 

exceptional circumstances, as defined 

by the FOIA, apply to processing the 

request, it may not charge search fees 

(or, for requesters with preferred fee 

status, may not charge duplication fees). 

(b) If AmeriCorps fails to comply with 

the extended time limit for unusual 

circumstances under § 2705.10(c), it 

may not charge search fees (or, for 

requesters with preferred fee status, may 

not charge duplication fees), except as 

follows: 

(1) If unusual circumstances apply 

and more than 1,000 pages are necessary 

to respond to the request, AmeriCorps 

may charge search fees (or, for 

requesters with preferred fee status, may 

charge duplication fees) so long as 

AmeriCorps has given the requester 

timely written notice and has discussed 

with the requester via email, telephone, 

or paper mail (or made at least three 

good-faith attempts to do so) how the 

requester could limit the scope of the 

request. 

(2) If a court determines that 

exceptional circumstances exist, 

AmeriCorps’ failure to comply with a 

time limit will be excused for the length 

of time provided by the court order. 

(c) AmeriCorps will charge search or 

review fees for a quarter-hour period 

only when more than half of that period 

is required for search or review. 

(d) AmeriCorps will not charge any 

fee if the total fee calculated according 

to § 2507.18 is $25.00 or less for any 

request. 

§ 2507.20 Notice of Anticipated Fees in 

Excess of $25.00. 

(a) When AmeriCorps estimates that 

fees will exceed $25.00 and the 

requester has not stated in writing their 

willingness to pay fees as high as 

anticipated, it will inform the requester 

of the estimated fees, including a 

breakdown for search, review, or 

duplication. 

(1) AmeriCorps will inform the 

requester if only a portion of the fee can 

be readily estimated. 

(2) For users subject to search fees, the 

notice will tell them that they are 

entitled to two hours of search time at 

no charge. For all requesters who ask for 

non-electronic copies of the records, 

AmeriCorps will inform them that they 

are entitled to 100 pages of duplication 

at no charge. In both cases, AmeriCorps 

will tell the requester whether those 

entitlements are included in the 

estimate. 

(b) When AmeriCorps notifies a 

requester that the actual or estimated 

total fee exceeds $25.00, it will stop 

work on the request and the processing 

time will be tolled until the requester, 

in writing: 

(1) Commits to paying the actual or 

estimated total fee; or 

(2) designates a specific dollar amount 

of fees they are willing to pay; or 

(3) in the case of a requester subject 

to search and duplication fees, tells 

AmeriCorps that they seek only that 

which can be provided with two free 

hours of search time and 100 free pages 

of duplication. 

(c) If the requester has specified a fee 

amount they are willing to pay, but 

AmeriCorps estimates that the total fee 

will be greater than that: 

(1) It will notify the requester of the 

estimated excess and ask if they wish to 

either revise the amount of fees they are 

willing to pay or modify the request, 

and 

(2) the Agency will stop work on the 

request and toll the processing time 

according to § 2507.10(f). 

(d) The FOIA Officer or FOIA Public 

Liaison will be available to help any 

requester reformulate a request to meet 

the requester’s needs at a lower cost. 

§ 2507.21 Other Charges. 

(a) Charges for other services. 

Although it is not required to provide 

special services, if AmeriCorps chooses 

as a matter of administrative discretion 

to do so, it will charge the direct costs 

of providing those services. 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. 

(b) Charging interest. AmeriCorps may 

charge interest on any unpaid bill 

starting on the 31st day following the 

billing date. Interest charges will be 

assessed at the rate provided in 31 

U.S.C. 3717 and will accrue from the 

billing date until payment is received by 

the agency. AmeriCorps will follow the 

provisions of the Debt Collection Act of 

1982 (Pub. L. 97–365, 96 Stat. 1749), as 

amended, and its administrative 

procedures, including the use of 

consumer reporting agencies, collection 

agencies, and offset. 


jspears on DSK121TN23PROD with PROPOSALS1
25608 Federal Register / Vol. 87, No. 84 / Monday, May 2, 2022 / Proposed Rules 

§ 2507.22 Aggregating Requests to Ensure 

Payment of Fees. 

(a) When AmeriCorps reasonably 

believes that a requester or a group of 

requesters acting together is attempting 

to divide a single request into multiple 

smaller requests so as to avoid fees, 

AmeriCorps may aggregate those 

requests and charge accordingly. 

(1) AmeriCorps may presume that 

multiple requests of this type made 

within a 30-day period have been made 

in order to avoid fees. 

(2) For requests separated by more 

than 30 days, AmeriCorps will aggregate 

them only where there is a reasonable 

basis for determining that aggregation is 

justified in view of all the circumstances 

involved. 

(b) Multiple requests involving 

unrelated matters will not be aggregated. 

§ 2507.23 Collection and Payment of Fees. 

(a) AmeriCorps must ordinarily 

receive all applicable fees before it 

sends copies of records to a requester. 

This is payment for work already 

completed, not an advance payment. 

(b) AmeriCorps may require an 

advance payment before work begins or 

is continued on a request when one of 

the following two circumstances exists. 

In these cases, AmeriCorps will not 

consider the FOIA request to have been 

received and will not conduct further 

work on the request until it receives the 

required payment. If the requester does 

not pay the advance payment within 30 

calendar days after the date of 

AmeriCorps’ fee determination, the 

request will be closed. 

(1) If AmeriCorps determines or 

estimates that a total fee will be greater 

than $250.00, it may require that the 

requester pay in advance, up to the 

amount of the entire anticipated fee, 

before starting to process the request. 

AmeriCorps may choose to process the 

request before it collects fees if it 

receives a satisfactory assurance of full 

payment from a requester with a history 

of prompt payment. 

(2) When a requester has previously 

failed to pay a properly charged FOIA 

fee to the agency within 30 calendar 

days of the billing date, AmeriCorps 

may require the requester to pay the full 

amount past due, plus any applicable 

interest on that prior request, and may 

also require the requester to pay in 

advance the full amount of any 

anticipated fee before it begins to 

process a new request or continues to 

process a pending request or any 

pending appeal. If AmeriCorps has a 

reasonable basis to believe that a 

requester has misrepresented their 

identity in order to avoid paying 

outstanding fees, it may require the 

requester to provide proof of identity. 

(c) Requesters must pay fees by check 

or money order made payable to the 

Treasury of the United States. 

(d) AmeriCorps is not required to 

accept payments in installments. 

§ 2507.24 Fee Waivers or Fee Reductions. 

(a) Requests for a waiver or reduction 

of fees should be made when the request 

is first submitted to AmeriCorps and 

should address in specific detail the 

factors below. However, a requester may 

request a fee waiver at a later time, if 

their request is still pending or is on 

administrative appeal. 

(b) AmeriCorps will grant a waiver of 

fees, or a one-time reduction of the rate 

established under § 2507.18, when it 

determines that the requester has 

demonstrated that: 

(1) 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 

(2) disclosure of the information is not 

primarily in the commercial interest of 

the requester. 

(c) To decide whether 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, 

AmeriCorps will consider all four of the 

following factors: 

(1) The subject of the request must 

concern identifiable operations or 

activities of the Federal Government, 

with a connection that is direct and 

clear, not remote or attenuated. 

(2) Disclosure of the requested records 

must be meaningfully informative about 

government operations or activities in 

order to be ‘‘likely to contribute’’ to an 

increased public understanding of those 

operations or activities. Disclosure of 

information that is already in the public 

domain, in either the same or a 

substantially identical form, would not 

contribute to such understanding. 

(3) Disclosure must 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 their ability and intention to 

effectively convey information to the 

public, will be considered. A 

representative of the news media 

making the request for professional 

purposes satisfies this consideration. 

(4) The public’s understanding of the 

subject in question must be enhanced by 

the disclosure to a significant extent. 

However, AmeriCorps will not make 

value judgments about whether the 

information at issue is ‘‘important’’ 

enough to be made public. 

(d) To determine whether disclosure 

of the requested information is 

primarily in the commercial interest of 

the requester, AmeriCorps will consider 

the following factors: 

(1) AmeriCorps will give requesters an 

opportunity to explain the purpose of 

their request. 

(2) If there is an identified commercial 

interest, AmeriCorps will determine 

whether that is the primary interest 

furthered by the request. A waiver or 

reduction of fees is justified where the 

public interest is greater than any 

identified commercial interest in 

disclosure. AmeriCorps ordinarily will 

presume that when a news media 

requester has satisfied the public 

interest standard, it is a public interest 

that is primarily served by disclosure to 

that requester. Disclosure to data 

brokers or others who merely compile 

and market government information for 

direct economic return will not be 

presumed to primarily serve the public 

interest. 

(e) Where only some of the records to 

be released satisfy the requirements for 

a waiver of fees, a waiver will be 

granted for those records only. 

(f) A requester may appeal the denial 

of a fee waiver. 

Subpart H—Miscellaneous 

§ 2507.25 Preservation of Records. 

AmeriCorps will preserve all 

correspondence relating to FOIA 

requests it receives, and all records 

processed for those requests, until the 

destruction of the correspondence and 

records is authorized by Title 44 of the 

United States Code and the records 

disposition authority granted by NARA. 

The records will not be sent to a Federal 

Records Center, transferred to the 

permanent custody of NARA, or 

destroyed while they are the subject of 

a pending request, appeal, or civil 

action under the FOIA. 

§ 2507.26 Annual Reporting Requirements. 

(a) AmeriCorps will submit to the 

Attorney General each year an Annual 

Report that contains detailed statistics 

on the numbers of requests it received 

and processed, the time taken to 

respond, and the disposition of the 

requests. 

(b) The Chief FOIA Officer will 

submit to the Attorney General each 

year a Chief FOIA Officer Report 

containing a detailed description of the 

steps taken by the agency to improve 

FOIA compliance and transparency, 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 84 / Monday, May 2, 2022 / Proposed Rules 25609 

1While these meetings also included discussion 

of 49 CFR part 1147 (Temporary Relief Under 49 

U.S.C. 10705 and 11102 for Service Inadequacies), 

this proposed rule only concerns part 1146 

(Expedited Relief for Service Emergencies). 

2Press Release, STB, STB Issues Hearing Notice 

for Urgent Issues in Freight Rail Service (Apr. 7, 

2022). 

3 In light of the consistent and pervasive nature 

of these service issues, the Board is limiting the 

comment period to 30 days and the reply period to 

15 days rather than the more customary 60-day 

comment period and 30-day reply period. 

4Under the statute, an emergency situation can be 

created by ‘‘shortage of equipment, congestion of 

traffic, unauthorized cessation of operations, failure 

of existing commuter rail passenger transportation 

operations caused by a cessation of service by the 

Continued 

details of FOIA administration, and the 

steps taken during that reporting year to 

implement the Attorney General’s 2009 

FOIA Guidelines, unless it received 

fewer requests in the previous fiscal 

year than a threshold established by the 

Attorney General. 

§ 2507.27 Rights and Services Qualified by 

the FOIA Statute. 

Nothing in this part may 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 the FOIA. 

Dated: April 26, 2022. 

Fernando Laguarda, 

General Counsel. 

[FR Doc. 2022–09208 Filed 4–29–22; 8:45 am] 

BILLING CODE 6050–28–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Part 1146 

[Docket No. EP 762] 

Regulations for Expedited Relief for 

Service Emergencies 

AGENCY: Surface Transportation Board. 

ACTION: Notice of proposed rulemaking. 

SUMMARY: The Surface Transportation 

Board (STB or Board) proposes to 

amend its emergency service 

regulations. Specifically, the Board 

proposes to: Amend procedures for 

parties seeking a Board order directing 

an incumbent carrier to take action to 

remedy a service emergency; indicate 

that the Board may act on its own 

initiative to direct emergency service; 

modify the informational requirements 

for parties in emergency service 

proceedings; shorten the filing 

deadlines in emergency service 

proceedings and establish a timeframe 

for Board decisions; and establish an 

accelerated process for certain acute 

service emergencies. 

DATES: Comments are due by May 23, 

2022. Reply comments are due by June 

6, 2022. 

ADDRESSES: Comments and replies 

should be filed with the Board either via 

e-filing on the Board’s website at 

www.stb.gov, or in writing addressed to: 

Surface Transportation Board, Attn: 

Docket No. EP 762, 395 E Street SW, 

Washington, DC 20423–0001. Filings 

will be posted to the Board’s website. 

FOR FURTHER INFORMATION CONTACT: 

Jonathon Binet at (202) 245–0368. 

Assistance for the hearing impaired 

available through the Federal Relay 

Service at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: Pursuant 

to its broad statutory mandate, the 

Surface Transportation Board closely 

monitors the rail industry’s service 

performance. See 49 U.S.C. 1321, 11145; 

see also 49 U.S.C. 10101, 11323, 10907. 

Since late 2013, railroad service 

challenges impacting a wide range of 

geographic regions and commodities 

have occurred periodically. See, e.g., 

U.S. Rail Serv. Issues—Performance 

Data Reporting, EP 724 (Sub-No. 4) 

(STB served Dec. 30, 2014), 80 FR 473 

(Jan. 6, 2015); STB Letter to CSX 

Transp., Inc. Requesting Service 

Reporting (July 27, 2017); STB Letter to 

Union Pac. Corp. Requesting Service 

Outlook (Mar. 16, 2018); STB Letter to 

Union Pac. Corp. Regarding New 

Operating Plan (Sept. 20, 2018); 

Chairman Oberman Letter to NS 

Regarding Service Issues (Nov. 23, 

2021). 

In response to service challenges in 

recent years, the Board has held a series 

of public hearings to permit interested 

persons to report on specific service 

problems, to hear from rail industry 

executives on plans to address rail 

service problems generally, and to 

explore additional options to improve 

service. One such hearing was held in 

October 2017 in Washington, DC, at 

which a number of shippers observed 

that the Board’s regulations at 49 CFR 

part 1146 governing expedited relief for 

service emergencies are rarely invoked, 

even in times of serious rail service 

challenges. See Pub. Listening Session 

Regarding CSX Transp., Inc.’s Rail Serv. 

Issues, EP 742, Hr’g Tr. 89:13–22; 90:1; 

150:3–14; 196:11–22; 197:1–16; 199:1–9 

(Oct. 17, 2017). 

Based on these concerns and to better 

understand the reasons for the lack of 

use of the Board’s directed service 

regulations, the Board announced on 

March 15, 2018, that Board staff would 

hold informal meetings with interested 

persons to discuss and gather feedback 

on the adequacy of the Board’s current 

regulations regarding emergency service 

and service inadequacies, and whether 

and how the current regulations should 

be modified to offer a more meaningful 

path to relief. See STB Press Release, 

No. 18–2 (Mar. 15, 2018).1 As a result, 

Board staff met with representatives of 

a variety of entities representing carrier 

and shipper interests in the second 

quarter of 2018. A recurring concern 

expressed by shipper interests was the 

amount of time it takes to obtain relief 

for service failures under the existing 

procedures and the difficulty of 

satisfying certain informational burdens. 

While carrier interests acknowledged 

that very few emergency-service 

petitions had been filed, they generally 

indicated a belief that the existing 

procedures were sufficient and that the 

Board’s informal Rail Customer and 

Public Assistance program (RCPA) was 

helpful in resolving acute service issues. 

More recently, the Board announced 

that it would hold a hearing on April 26 

and 27, 2022, on recent rail service 

problems impacting the network and the 

recovery efforts involving several Class 

I carriers.2 As the hearing notice 

explained, the Board has heard 

informally from a broad range of 

stakeholders about inconsistent and 

unreliable rail service throughout the 

network and across commodity groups. 

These challenges include tight car 

supply and unfilled car orders, delays in 

transportation for carload and bulk 

traffic, increased origin dwell time for 

released unit trains, missed switches, 

and ineffective customer assistance.3

Such service issues, should they 

continue, could result in an increased 

need for emergency Board action to 

meet the needs of the public. 

Based on additional review of the 

feedback received during hearings and 

the informal stakeholder 

communications, consideration of the 

current service problems, and further 

consideration of the current regulations, 

the Board proposes to modify and 

update its emergency service rules at 49 

CFR part 1146. 

Background 

Emergency service orders are 

designed to preserve rail service where 

there has been a substantial rail service 

issue or failure that requires immediate 

relief. Under 49 U.S.C. 11123(a), the 

Board may issue an emergency service 

order where there exists ‘‘an emergency 

situation of such magnitude as to have 

substantial adverse effects on shippers, 

or on rail service in a region of the 

United States, or that a rail carrier . . . 

cannot transport the traffic offered to it 

in a manner that properly serves the 

public[.]’’ 4 When the Board determines 


jspears on DSK121TN23PROD with PROPOSALS1