83044 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Proposed Rules 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

The Withdrawal 

■ Accordingly, the notice of proposed 

rulemaking, Docket No. FAA–2023– 

1211; Project Identifier MCAI–2022– 

01598–E, which was published in the 

Federal Register on June 14, 2023 (88 

FR 38762), is withdrawn. 

Issued on November 20, 2023. 

Ross Landes, 

Deputy Director for Regulatory Operations, 

Compliance & Airworthiness Division, 

Aircraft Certification Service. 

[FR Doc. 2023–26090 Filed 11–27–23; 8:45 am] 

BILLING CODE 4910–13–P 

PEACE CORPS 

22 CFR Part 303 

RIN 0420–AA31 

Procedures for Disclosure of 

Information Under the Freedom of 

Information Act 

AGENCY: The Peace Corps. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule amends 

the regulations that the Peace Corps 

follows in processing requests under the 

Freedom of Information Act (FOIA) to 

comply with the FOIA Improvement Act 

of 2016. The amendments would clarify 

and update procedures for requesting 

information from the Peace Corps and 

procedures that the Peace Corps follows 

in responding to requests from the 

public. 

DATES: Comments must be received by 

December 28, 2023. 

ADDRESSES: You may send comments, 

identified by Regulatory Information 

Number (RIN) 0420–AA31, by any of the 

following methods: 

• Federal eRulemaking Portal: 

https://www.regulations.gov. Follow the 

instructions for sending comments. 

• Email: policy@peacecorps.gov. 

Include RIN 0420–AA31 in the subject 

line of the message. 

• Mail: The Peace Corps/The Office of 

the General Counsel/1275 First Street 

NE/Washington, DC 20526. 

Instructions: All submissions received 

must include the receiving agency’s 

name, which is the Peace Corps, 

designate the Office of the General 

Counsel, and note the RIN for this 

rulemaking. 

FOR FURTHER INFORMATION CONTACT: 

David van Hoogstraten, Supervisory 

Associate General Counsel at (202) 692– 

2150 or dvanhoogstraten@

peacecorps.gov. 

SUPPLEMENTARY INFORMATION: On June 

30, 2016, President Obama signed into 

law the FOIA Improvement Act of 2016, 

Public Law 114–185, 130 Stat. 538 (the 

Act). The Act specifically requires all 

agencies to review and update their 

FOIA regulations in accordance with its 

provisions, and the Peace Corps is 

making changes to its regulations 

accordingly. Among other requirements, 

the Act addresses a range of procedural 

issues that affect Peace Corps FOIA 

regulations, including requirements that 

agencies establish a minimum of 90 

days for requesters to file an 

administrative appeal and that agencies 

provide notice to requesters of dispute 

resolution services at various times 

throughout the FOIA process. The 

proposed rule would revise and update 

policies and procedures concerning the 

Peace Corps FOIA process, which were 

last published in the Federal Register 

(FR) on April 10, 2014 (79 FR 19816), 

entered into effect on May 12, 2014, and 

currently appear at 22 CFR part 303. 

Request for Comments: The Peace 

Corps invites public comment on all 

aspects of this proposed rule and will 

take those comments into account 

before publishing a final rule. The 

proposed rule makes small adjustments 

for clarification, rearranges and 

redesignates sections in a more logical 

order, streamlines the language of some 

procedural provisions, and makes the 

following key changes: 

22 CFR Part 303 

(1) Definitions. Section 303.2 is 

expanded to revise current definitions 

and add definitions for the following 

terms: ‘‘Compelling need,’’ 

‘‘Confidential commercial information,’’ 

‘‘Direct costs,’’ ‘‘Unusual 

circumstances,’’ and ‘‘Initial denial 

authority (IDA).’’ 

(2) Public reading room. Section 303.5 

is revised to delete reference to a 

physical public reading room and to 

provide for a public electronic FOIA 

Library on the Peace Corps website on 

which certain specified records will be 

made available. Also, related to this 

change, the former § 303.6 (Procedures 

for use of public reading room.) is 

deleted. 

(3) Requests for records. This section, 

the former § 303.8, has been 

redesignated as § 303.7 and is updated 

to provide revised procedures for the 

following paragraphs: 

• (b) through (d) Submitting a FOIA 

request; 

• (f) Requesting a waiver or reduction 

of fees; 

• (h) Initial response/delays to FOIA 

requests; 

• (j) Giving notice of delays; and 

• (l) Requesting expedited processing 

and appeals from denials of requests for 

expedited processing. 

(4) Timing of responses to requests. A 

new § 303.8 sets forth guidelines and 

procedures for: 

(a) Order of response to FOIA 

requests; 

(b) Multitrack processing; 

(c) Delays in responses due to unusual 

circumstances and notice of such delays 

and of the availability of both the FOIA 

Public Liaison and the dispute 

resolution services provided for by the 

Office of Government Information 

Services (OGIS); 

(d) Aggregating requests; and 

(e) Expedited processing. 

(5) Exemptions for withholding 

records. A revised § 303.9 provides that 

the deliberative process privilege shall 

not apply to records created 25 years or 

more before the date on which the 

records were requested. 

(6) Responses to requests. A new 

§ 303.11 sets forth guidelines and 

procedures for: 

(a) Electronic communication with 

requesters; 

(b) Acknowledgement of requests that 

will take longer than 10 working days to 

process; 

(c) Estimated dates of completion and 

interim responses; 

(d) The granting of requests; 

(e) Adverse determination of requests; 

(f) Markings on released documents; 

and 

(g) Use of records exclusions. 

(7) Appeals. A renumbered § 303.13, 

formerly § 303.12, is updated to set forth 

revised guidelines and procedures for: 

(a) Submitting appeals; 

(b) Adjudication of appeals; 

(c) Decisions on appeals; 

(d) Engaging in dispute resolution 

services offered by OGIS; and 

(e) When an appeal is required. 

(8) Confidential commercial 

information. A new § 303.14 sets forth 

guidelines and procedures for: 

(a) Designation of confidential 

commercial information; 

(b) When notice to submitters is 

required; 

(c) Exceptions to submitter notice 

requirements; 

(d) Opportunity to object to 

disclosure; 

(e) Analysis of objections; 

(f) Notice of intent to disclose; 

(g) Notice of FOIA lawsuit; and 

(h) Requester notification. 

(9) Preservation of records. A new 

§ 303.15 sets forth guidelines and 

procedures for preserving records 


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pertaining to the requests it receives 

under this subpart. 

(10) Fees. A revised § 303.16, formerly 

§ 303.13, incorporates the new statutory 

restrictions on charging fees in certain 

circumstances, reflects developments in 

the case law, and streamlines the 

description of the factors to be 

considered when making fee waiver 

determinations. In this regard, 

§ 303.16(a) is revised to conform to 

recent appellate court decisions 

addressing two FOIA fee categories: 

‘‘representative of the news media’’ and 

‘‘educational institution.’’ Section 

303.16(e)(2), which addresses 

restrictions on charging fees when the 

FOIA’s time limits are not met, is 

revised to reflect changes made to those 

restrictions by the FOIA Improvement 

Act of 2016. Specifically, these changes 

reflect that the Peace Corps may not 

charge search fees or duplication fees 

for representatives of the news media 

and educational/non-commercial 

scientific institution requesters when 

the Peace Corps fails to comply with the 

FOIA’s time limits. The restriction on 

charging fees is excused and the Peace 

Corps may charge fees as usual when it 

satisfies one of three exceptions detailed 

at 5 U.S.C. 552(a)(4)(A)(viii)(II) and 

incorporated into this section at 

§ 303.16(e)(2)(ii) through (iv). Lastly, 

§ 303.16(l), which addresses the 

requirements for a waiver or reduction 

of fees, is revised to specify that 

requesters may seek a waiver of fees and 

to streamline and simplify the 

description of the factors to be 

considered by the Peace Corps when 

making fee waiver determinations. 

(11) Procedures for responding to a 

subpoena. A redesignated § 303.17, 

formerly § 303.14, is updated to revise 

the definition of ‘‘employee’’ in this 

section to include volunteers and 

trainees of the Peace Corps for purposes 

only of § 303.17. 

(12) Other rights and services. A new 

§ 303.18 sets forth that nothing in this 

part shall be construed to entitle any 

person, as of right, to any service or to 

the disclosure of any record to which 

such person is not entitled under the 

FOIA. 

Regulatory Certifications 

Executive Orders 12866 and 13563— 

Regulatory Review 

This regulation has been drafted and 

reviewed in accordance with Executive 

Order 12866, ‘‘Regulatory Planning and 

Review,’’ section 1(b), Principles of 

Regulation, and in accordance with 

Executive Oder 13563, ‘‘Improving 

Regulation and Regulatory Review,’’ 

section 1(b), General Principles of 

Regulation, and the Peace Corps has 

determined it to be non-significant 

within the meaning of Executive Order 

12866. Additionally, because this 

proposed rule does not meet the 

definition of a significant regulatory 

action it does not trigger the 

requirements contained in Executive 

Order 13771. See the Office of 

Management and Budget’s (OMB’s) 

Memorandum titled ‘‘Interim Guidance 

Implementing section 2 of the Executive 

order of January 30, 2017, titled 

‘Reducing Regulation and Controlling 

Regulatory Costs’ ’’ (February 2, 2017), 

supplemented by OMB’s Memorandum 

titled ‘‘Implementing Executive Order 

13771, Titled ‘Reducing Regulation and 

Controlling Regulatory Costs.’ ’’ 

Regulatory Flexibility Act of 1980 (5 

U.S.C. 605(b)) 

This regulatory action will not have a 

significant adverse impact on a 

substantial number of small entities. 

Unfunded Mandates Act of 1995 (Sec. 

202, Pub. L. 104–4) 

This regulatory action does not 

contain a Federal mandate that will 

result in the expenditure by state, local, 

and tribal governments, in aggregate, or 

by the private sector, of $100,000,000 or 

more in any one year, and it will not 

significantly or uniquely affect small 

governments. 

Paperwork Reduction Act of 1995 (44 

U.S.C., Chapter 35) 

This regulatory action will not impose 

any additional reporting or 

recordkeeping requirements under the 

Paperwork Reduction Act. 

Federalism (Executive Order 13132) 

This regulatory action does not have 

federalism implications, as set forth in 

Executive Order 13132. It will not have 

substantial direct effects on the States, 

on the relationship between the national 

government and the States, or on the 

distribution of power and 

responsibilities among the various 

levels of government. 

List of Subjects in 22 CFR Part 303 

Freedom of Information Act. 

For the reasons set out in the 

preamble, the Peace Corps proposes to 

amend 22 CFR part 303 as follows: 

PART 303—PROCEDURES FOR 

DISCLOSURE OF INFORMATION 

UNDER THE FREEDOM OF 

INFORMATION ACT 

■ 1. The authority citation for part 303 

is revised to read as follows: 

Authority: 5 U.S.C. 301, 552, 552a, 553; 

22 U.S.C. 2501 et seq.; 31 U.S.C. 3717. 

■ 2. Revise § 303.2 as follows: 

§ 303.2 Definitions. 

Commercial use request means a 

request from or on behalf of one who 

seeks information for a use or purpose 

that furthers the commercial, trade, or 

profit interests of the requester or the 

person on whose behalf the request is 

made. In determining whether a 

requester has made a commercial use 

request, the Peace Corps will look to the 

use to which a requester will put the 

documents requested. When the Peace 

Corps has reasonable cause to doubt the 

requester’s stated use of the records 

sought, or where the use is not clear 

from the request itself, it will seek 

additional clarification before assigning 

the request to a category. 

Compelling need means: 

(1) Circumstances in which the lack of 

expedited treatment could reasonably be 

expected to pose an imminent threat to 

the life or physical safety of an 

individual; 

(2) An urgency to inform the public 

about an actual or alleged Peace Corps 

or Federal Government activity and the 

request is made by a person primarily 

engaged in disseminating information; 

or 

(3) A matter of widespread and 

exceptional media interest in which 

there exist possible questions about the 

Peace Corps’ or the Federal 

Government’s integrity which affect 

public confidence. 

Confidential commercial information 

means commercial or financial 

information obtained by the Peace Corps 

from a submitter that may be protected 

from disclosure under Exemption 4 of 

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

Direct costs are those expenses that 

the Peace Corps incurs in searching for 

and duplicating (and, in the case of 

commercial use requests, reviewing) 

records in order to respond to a FOIA 

request. For example, direct costs 

include the salary of the employee 

performing the work (i.e., the basic rate 

of pay for the employee, plus 16 percent 

of that rate to cover benefits) and the 

cost of operating computers and other 

electronic equipment, such as 

photocopiers and scanners. Direct costs 

do not include overhead expenses, such 

as the costs of space, and of heating or 

lighting a facility. 

Duplication means the process of 

making a copy of a record requested 

pursuant to this part. Such copies can 

take the form of paper copy, microform, 

audio-visual materials, or machine 

readable electronic documents, among 

others. 


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Educational institution means a 

preschool, a public or private 

elementary or secondary school, an 

institution of undergraduate or graduate 

higher education, or an institution of 

professional or vocational education 

which operates a program or programs 

of scholarly research. 

Expedited processing means the 

process set forth in the FOIA that allows 

requesters to ask for expedited 

processing of their FOIA request if they 

can demonstrate a compelling need. 

Fee waiver means the 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. 

FOIA Public Liaison means an agency 

official who is responsible for assisting 

in reducing delays, increasing 

transparency and understanding of the 

status of requests, and assisting in the 

resolution of disputes. 

Initial denial authority (IDA) is an 

official who has been granted authority 

as the FOIA Officer who may deny 

FOIA requests of the Peace Corps based 

on one or more of the nine categories of 

exemptions from mandatory disclosure. 

An IDA also: denies a fee category claim 

by a requester; denies a request for 

expedited processing due to 

demonstrated compelling need; denies a 

request for a waiver or reduction of fees; 

reviews a fee estimate; and confirms 

that no records were located in response 

to a request. 

Non-commercial scientific institution 

means an institution that is not operated 

on a ‘‘commercial’’ basis and which is 

operated solely for the purpose of 

conducting scientific research, the 

results of which are not intended to 

promote any particular product or 

industry. 

OIG records means those records as 

defined generally in this section which 

originated with or are in the possession 

and control of the Office of Inspector 

General (OIG) of the Peace Corps which 

have been compiled for law 

enforcement, audit, and investigative 

functions and/or any other purpose 

authorized under the IG Act of 1978, as 

amended. 

Records means books, papers, maps, 

photographs, or other documentary 

materials, regardless of whether the 

format is physical or electronic, made or 

received by the Peace Corps in 

connection with the transaction of Peace 

Corps’ business and preserved by the 

Peace Corps as evidence of the 

organization, functions, policies, 

decisions, procedures, operations, or 

other activities of the Peace Corps, or 

because of the informational value of 

data in them. The term does not 

include, inter alia, books, magazines, or 

other materials acquired solely for 

library purpose, or that are otherwise 

publicly available. 

Representative of the news media is 

any person or entity that actively 

gathers information of potential interest 

to a segment of the public, uses its 

editorial skills to turn the raw materials 

into a distinct work, and distributes that 

work to an audience. The term ‘‘news’’ 

means information that is about current 

events or that would be of current 

interest to the public. Examples of news 

media entities include television or 

radio stations that broadcast ‘‘news’’ to 

the public at large and publishers of 

periodicals that disseminate ‘‘news’’ 

and make their products available 

through a variety of means to the 

general public, including news 

organizations that disseminate solely on 

the internet. A request for records 

supporting the news-dissemination 

function of the requester shall not be 

considered to be for a commercial use. 

‘‘Freelance’’ journalists who 

demonstrate a solid basis for expecting 

publication through a news media entity 

shall be considered as a representative 

of the news media. A publishing 

contract would provide the clearest 

evidence that publication is expected; 

however, components shall also 

consider a requester’s past publication 

record in making this determination. 

Requester category means one of the 

three categories that agencies place 

requesters in for the purpose of 

determining whether a requester will be 

charged fees for search, review and 

duplication, including commercial 

requesters; non-commercial scientific or 

educational institutions or news media 

requesters, and all other requesters. 

Review means the process of 

examining a document located in 

response to a request to determine 

whether any portion of such document 

is exempt from disclosure. It also 

includes processing any such document 

for disclosure. Review does not include 

time spent resolving general legal or 

policy issues regarding the application 

of exemptions. 

Search means the process of looking 

for and retrieving records that are 

responsive to a request for records. It 

includes page-by-page or line-by-line 

identification of material within 

documents and also includes reasonable 

efforts to locate and retrieve information 

from records maintained in electronic 

form or format. Searches may be 

conducted manually or by automated 

means and will be conducted in the 

most efficient and least expensive 

manner. If the Agency cannot identify 

the requested records after a 2 hour 

search, it can determine that the records 

were not adequately described and ask 

the requester to provide a more specific 

request. 

Submitter means any person or entity, 

including a corporation, state, or foreign 

government, but not including another 

Federal Government entity, that 

provides confidential commercial 

information, either directly or indirectly 

to the Federal Government. 

Unusual circumstances, as used in 

this part, mean circumstances attending 

a request for information and are limited 

to the following, but only to the extent 

reasonably necessary for the proper 

processing of the particular request: (1) 

The need to search for and collect the 

requested records from offices or 

locations that are separate from the 

office processing the request; (2) The 

need to search for, collect, and 

appropriately examine a voluminous 

amount of separate and distinct records 

which are demanded in a single request; 

or (3) The need for consultation, which 

shall be conducted with all practicable 

speed, with another agency or 

organization having a substantial 

interest in the determination of the 

request or among two or more offices of 

the Peace Corps having a substantial 

subject matter interest therein. 

■ 3. Revise § 303.3 to read as follows: 

§ 303.3 Policy. 

(a) The Peace Corps will make its 

records concerning its operations, 

activities, and business available to the 

public consistent with the requirements 

of the FOIA and will not withhold 

requested information unless the Peace 

Corps reasonably foresees that 

disclosure would harm an interest 

protected by an exemption under the 

FOIA or a disclosure that is prohibited 

by law. 

(b) The Peace Corps may make 

discretionary disclosures of records or 

information, without a formal FOIA 

request and that may be exempt from 

disclosure under the FOIA whenever 

disclosure would not foreseeably harm 

an interest protected by a FOIA 

exemption, but this policy does not 

create any right enforceable in court. 

(c) Requests for records of the Office 

of Inspector General (OIG records), as 

defined in § 303.2, and appeals from 

denials of requests for OIG records are 

subject to this policy and will be 

granted or denied consistent with 

§ 303.10(b) through (c) through their 

own FOIA adjudication process. 

■ 4. Revise § 303.5 to read as follows: 


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§ 303.5 FOIA Library. 

(a) The public reading room is no 

longer physically available. The Peace 

Corps makes information available to 

the public electronically through the 

Peace Corps’ FOIA Library on its public 

website at https://www.peacecorps.gov/ 

about/open-government/. 

(b) Subject to the limitation stated in 

paragraph (c) of this section, the 

following records will be made available 

in the FOIA Library: 

(1) All final public opinions, 

including concurring and dissenting 

opinions, and orders issued in the 

adjudication of cases that involve the 

Peace Corps; 

(2) Statements of policy and 

interpretations adopted by the Peace 

Corps that are not published in the 

Federal Register; 

(3) Administrative staff manuals and 

instructions to the staff that affect the 

public; 

(4) Copies of frequently requested 

records, regardless of form or format, 

with a general index of such records: 

(i) Released to any person in response 

to a public request for records which the 

Peace Corps determines are likely to 

become subject to subsequent requests 

for substantially the same records or 

(ii) For which there have been 3 or 

more requests; 

(5) The index required by § 303.6; and 

(6) Other records the Peace Corps has 

determined are of general interest to 

members of the public in understanding 

activities of the Peace Corps or in 

dealing with the Peace Corps in 

connection with those activities. 

(c) Records required by the FOIA to be 

available in the FOIA Library may be 

exempt from mandatory disclosure 

pursuant to section 552(b) of the FOIA. 

Such records will not be made available 

in the FOIA Library. Other records 

maintained in the FOIA Library may be 

edited by the redaction of information 

protected under section 552(b) of the 

FOIA. The extent of the redaction shall 

be indicated, unless doing so would 

harm an interest protected by the 

exemption under which the redaction is 

made. If technically feasible, the extent 

of the redaction shall be indicated at the 

place in the record where the redaction 

was made. 

(d) Records required by the FOIA to 

be maintained shall be made available 

in the Peace Corps’ electronic FOIA 

Library. 

(e) Most public electronic records will 

also be made available to the public on 

the Peace Corps website at https://

www.peacecorps.gov. 

§ 303.6 [Removed] 

■ 5. Remove § 303.6. 

§§ 303.7 and 303.8 [Redesignated as 

§§ 303.6 and 303.7] 

■ 6. Redesignate §§ 303.7 and 303.8 as 

§§ 303.6 and 303.7, respectively. 

■ 7. Revise newly redesignated § 303.7 

to read as follows: 

§ 303.7 Requests for records. 

(a) Except for records required by the 

FOIA to be published in the Federal 

Register or to be made available in the 

FOIA Library, Peace Corps records will 

be made promptly available, upon 

request, to any person in accordance 

with this section, unless it is 

determined that such records should be 

withheld and are exempt from 

mandatory disclosure under the FOIA. 

(b) Requests for records under this 

section shall be: 

(1) Made in writing, shall include the 

name of the requester, and the envelope, 

email, and/or the letter shall be clearly 

marked ‘‘Freedom of Information 

Request.’’ All such requests shall be 

addressed to the FOIA Officer. Requests 

by letter shall be directed to Peace Corps 

FOIA Officer, 1275 First Street NE, 

Washington, DC 20526. Requests by 

email shall be directed to FOIA@

peacecorps.gov. Any request not marked 

and addressed as specified in this 

paragraph will be so marked by Peace 

Corps personnel as soon as it is properly 

identified and will be forwarded 

immediately to the FOIA Officer. A 

request improperly addressed will not 

be deemed to have been received for 

purposes of the time period set out in 

paragraph (h) of this section until it has 

been received by the FOIA Officer. 

Upon receipt of an improperly 

addressed request, the FOIA Officer 

shall notify the requester of the date on 

which the time period began. All paper 

requests shall be stamped ‘‘received’’ on 

the date it is received by the FOIA 

Officer. Electronic requests are deemed 

to be ‘‘received’’ on the date in which 

the FOIA Officer acknowledges receipt. 

(2) A request must reasonably 

describe the records requested so that 

employees of the Peace Corps who are 

familiar with the subject area of the 

request are able, with a reasonable 

amount of effort, to determine which 

particular records are within the scope 

of the request. If it is determined that a 

request does not reasonably describe the 

records sought, the requester shall be so 

informed and provided an opportunity 

to confer with Peace Corps personnel in 

order to attempt to reformulate the 

request in a manner that will meet the 

needs of the requester and the 

requirements of this paragraph (b). 

(c) The Peace Corps requires that firstparty requesters provide the following 

information so that the Peace Corps can 

protect the personal information found 

in its files and ensure that records are 

disclosed only to the proper persons: 

the requester’s full name, current 

address, citizenship or legal permanent 

resident alien status, date and place of 

birth (city, state, and country), and a 

copy of a photo ID. A first-party request 

must be signed, and the requester’s 

signature must be either notarized or 

made under penalty of perjury pursuant 

to 28 U.S.C. 1746 as a substitute for 

notarization. A requester may request 

this penalty of perjury statement from 

the FOIA office to complete for 

submission. 

(d) To facilitate the location of records 

by the Peace Corps, a requester should 

try to provide the following kinds of 

information, if known: 

(1) The specific event or action to 

which the record refers; 

(2) The unit or program of the Peace 

Corps which may be responsible for or 

may have produced the record; 

(3) The date of the record or the date 

or period to which it refers or relates; 

(4) The type of record, such as an 

application, a particular form, a 

contract, or a report; 

(5) Personnel of the Peace Corps who 

may have prepared or have knowledge 

of the record; or 

(6) Citations to newspapers or 

publications which have referred to the 

record. 

(e) The Peace Corps is not required to 

create a record or to perform research to 

satisfy a request. 

(f) Any request for a waiver or 

reduction of fees should be included in 

the FOIA request, and any such request 

should indicate the grounds for a waiver 

or reduction of fees, as set out in 

§ 303.16(k). 

(g) The Peace Corps will provide 

records in the form or format indicated 

by the requester to the extent such 

records are readily reproducible in the 

requested form or format. 

(h)(1) The FOIA Officer or OIG FOIA 

Officer, upon request for any records 

made in accordance with this section, 

shall make an initial determination of 

whether to comply with or deny such 

request and dispatch such 

determination to the requester within 20 

business days after receipt of such 

request, except for unusual 

circumstances, as defined in § 303.2, in 

which case the time limit may be 

extended for up to 10 business days by 

written notice to the requester setting 

forth the reasons for such extension and 

the date on which a determination is 

expected to be dispatched. 

(2) If the FOIA Officer determines that 

a request or portion thereof is for OIG 

records, the FOIA Officer shall promptly 


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refer the request or portion thereof to 

the OIG FOIA Officer and send notice of 

such action to the requester. In such 

case, the OIG FOIA Officer shall make 

an initial determination of whether to 

comply with or deny such request and 

dispatch such determination to the 

requester within 20 business days after 

receipt of such request, except for 

unusual circumstances, in which case 

the time limit may be extended for up 

to 10 business days by written notice to 

the requester setting forth the reasons 

for such extension and the date on 

which a determination is expected to be 

dispatched . 

(i) If a request is particularly broad or 

complex so that it cannot be completed 

within the time periods stated in 

paragraph (h) of this section, the Peace 

Corps may ask the requester to narrow 

the request or agree to an additional 

delay. 

(j) When no determination can be 

dispatched within the applicable time 

limit, the FOIA Officer or the OIG FOIA 

Officer shall inform the requester of the 

reason for the delay, the date on which 

a determination may be expected to be 

dispatched, and the requester’s right to 

treat the delay as a denial and to appeal 

to the Associate Director for the Office 

of Management or the Inspector General, 

in accordance with § 303.13. If no 

determination has been dispatched by 

the end of the 20-day period, or the last 

extension thereof, the requester may 

deem the request denied, and exercise a 

right of appeal in accordance with 

§ 303.13. The FOIA Officer or the OIG 

FOIA Officer may ask the requester to 

forego an appeal until a determination 

is made. 

(k) After it has been determined that 

a request will be granted, the 

responsible official will act with due 

diligence in providing a prompt 

response. 

(l)(1) Requests and appeals will be 

taken out of order and given expedited 

treatment whenever the requester 

demonstrates a compelling need as 

defined in § 303.2. 

(2) A request for expedited processing 

may be made at the time of the initial 

request for records or at any later time. 

For a prompt determination, a request 

for expedited processing must be 

properly addressed and marked and 

received by the Peace Corps pursuant to 

§ 303.7(b). 

(3) A requester who seeks expedited 

processing must submit a statement 

demonstrating a compelling need, as 

defined in § 303.2, that is certified by 

the requester to be true and correct to 

the best of that person’s knowledge and 

belief, explaining in detail the basis for 

requesting expedited processing. 

(4) Within 10 business days of its 

receipt of a request for expedited 

processing, the FOIA Officer or the OIG 

FOIA Officer shall decide whether to 

grant the request and shall notify the 

requester of the decision. If a request for 

expedited treatment is granted, the 

request shall be given priority and shall 

be processed as soon as practicable. If a 

request for expedited processing is 

denied, any appeal of that decision shall 

be acted on expeditiously. 

(5) Appeals regarding expedited 

processing denials shall be made to the 

Associate Director for the Office of 

Management, or in the case of a denial 

by the OIG FOIA Officer of a request for 

expedited processing, the Inspector 

General, who shall respond within 10 

business days of receipt of the appeal. 

■ 8. Add new § 303.8 to read as follows: 

§ 303.8 Timing of responses to requests. 

(a) In general. The Peace Corps 

ordinarily will respond to requests 

according to their order of receipt. The 

response time will commence on the 

date that the request is received by the 

Peace Corps’ FOIA Officer or by the OIG 

FOIA Officer. 

(b) Multitrack processing. The Peace 

Corps designates a specific track for 

requests that are granted expedited 

processing in accordance with the 

standards set forth in paragraph (e) of 

this section. The Peace Corps may also 

designate additional processing tracks 

that distinguish between simple and 

more complex requests based on the 

estimated amount of work or time 

needed to process the request. Among 

the factors the Peace Corps may 

consider are the number of records 

requested, the number of pages involved 

in processing the request and the need 

for consultations or referrals. The Peace 

Corps will advise requesters of the track 

into which their request falls and, when 

appropriate, should offer the requesters 

an opportunity to narrow or modify 

their request so that it can be placed in 

a different processing track. 

(c) Unusual circumstances. Whenever 

the Peace Corps cannot meet the time 

limit for processing a request because of 

unusual circumstances as defined in 

§ 303.2 and the Peace Corps extends the 

time limit on that basis, the Peace Corps 

will, before expiration of the 20-day 

period to respond, notify the requester 

in writing of the unusual circumstances 

involved and of the date by which the 

Peace Corps estimates processing of the 

request will be completed. Where the 

extension exceeds 10 working days, the 

Peace Corps will provide the requester 

with an opportunity to modify the 

request or arrange an alternative time 

period for processing the original or 

modified request. The Peace Corps will 

make available its designated FOIA 

contact or its FOIA Public Liaison for 

this purpose. The Peace Corps FOIA 

Public Liaison is identified on the 

agency’s FOIA Open Government web 

page https://www.peacecorps.gov/ 

about/open-government/foia/ and is 

available at FOIA@peacecorps.gov. The 

Peace Corps will also alert requesters to 

the availability of the Office of 

Government Information Services 

(OGIS) to provide dispute resolution 

services. 

(d) Aggregating requests. To address 

unusual circumstances as defined in 

§ 303.2, the Peace Corps 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. The Peace Corps will not 

aggregate multiple requests that involve 

unrelated matters. 

(e) Expedited processing. (1) The 

Peace Corps will process requests and 

appeals on an expedited basis whenever 

it is determined that they involve a 

compelling need as defined in § 303.2. 

(2) A request for expedited processing 

of a request for information may be 

made at any time and submitted to the 

Peace Corps FOIA Officer or to the OIG 

FOIA Officer in the case of a request 

concerning OIG records. When making 

a request for expedited processing of an 

administrative appeal, the request 

should be submitted to the Associate 

Director for the Office of Management, 

or in the case of an appeal concerning 

OIG records, the Inspector General. 

(3) A requester who seeks expedited 

processing will submit a statement, 

certified to be true and correct, 

explaining in detail the basis for making 

the request for expedited processing. 

For example, in § 303.2, paragraph (2) of 

the definition for compelling need, 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 

may 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 


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Peace Corps may waive the formal 

certification requirement. 

(4) The Peace Corps will 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 will be given priority, placed in 

the processing track for expedited 

requests, and processed as soon as 

practicable. If a request for expedited 

processing is denied, the Peace Corps 

will act on any appeal of that decision 

expeditiously. 

■ 9. Amend § 303.9 by revising 

paragraphs (a) introductory text, (a)(5), 

and paragraph (b) introductory text to 

read as follows: 

§ 303.9 Exemptions for withholding 

information. 

(a) The Peace Corps may withhold 

information in part or in its entirety 

using FOIA exemptions listed in 5 

U.S.C. 552 (b), when the Initial Denial 

Authority (IDA) reasonably foresees that 

the disclosure of such information 

would cause harm to an interest 

protected by the exemption or 

exemptions, or if disclosure is 

prohibited by law. The Peace Corps will 

take reasonable steps necessary to 

segregate and release nonexempt 

information. The Peace Corps may 

withhold a requested record from public 

disclosure only if the record fits within 

one or more of the following FOIA 

exemptions: 

* * * * * 

(5) Inter-agency or intra-agency 

memoranda or letters which would not 

be available by law to a party other than 

an agency in litigation with the Peace 

Corps, except that the deliberative 

process privilege shall not apply to 

records created 25 years or more before 

the date on which the records were 

requested; 

* * * * * 

(b) The IDA may also withhold 

information applicable under the 

Privacy Act of 1974, 5 U.S.C. 552a(j) and 

(k) when the records are managed 

within a system of records; see 22 CFR 

part 308. 

* * * * * 

■ 10. Amend § 303.10 by redesignating 

paragraph (c) as paragraph (d) and 

adding a new paragraph (c) to read as 

follows: 

§ 303.10 Responsibilities and authorities. 

* * * * * 

(c) Authority to grant or deny appeals. 

The Associate Director for the Office of 

Management is authorized to grant or 

deny appeals under § 303.13(a) through 

(c) except in the case of appeals from 

denials of requests for OIG records. The 

Inspector General is authorized to grant 

or deny appeals under § 303.13(a) 

through (c) from denials of requests for 

OIG records. Both the Associate Director 

for the Office of Management and the 

Inspector General shall follow this part 

in processing appeals. 

* * * * * 

§§ 303.13 and 303.14 [Redesignated as 

§§ 303.16 and 303.17] 

■ 11. Redesignate §§ 303.13 and 303.14 

as §§ 303.16 and 303.17, respectively. 

§§ 303.11 and 303.12 [Redesignated as 

§§ 303.13 and 303.14] 

■ 12. Redesignate §§ 303.11 and 303.12 

as §§ 303.13 and 303.14, respectively 

■ 13. Add new § 303.11 to read as 

follows: 

§ 303.11 Responses to requests. 

(a) In general. The Peace Corps, to the 

extent practicable, will communicate 

with requesters having access to the 

internet electronically, such as email or 

web portal. 

(b) Acknowledgments of requests. The 

Peace Corps will acknowledge the 

request in writing and assign it an 

individualized tracking number if it will 

take longer than 10 working days to 

process. The Peace Corps will include 

in the acknowledgment a brief 

description of the records sought to 

allow requesters to more easily keep 

track of their requests. 

(c) Estimated dates of completion and 

interim responses. Upon request, the 

Peace Corps will provide an estimated 

date by which the Peace Corps expects 

to provide a response to the requester. 

If a request involves a voluminous 

amount of material, or searches in 

multiple locations, the Peace Corps may 

provide interim responses, releasing the 

records on a rolling basis. 

(d) Grants of requests. Once the Peace 

Corps determines it will grant a request 

in full or in part, it will notify the 

requester in writing. The Peace Corps 

will also inform the requester of any 

fees charged under § 303.16 and will 

disclose the requested records to the 

requester promptly upon payment of 

any applicable fees. The Peace Corps 

will inform the requester of the 

availability of its FOIA Public Liaison to 

offer assistance. 

(e) Adverse determinations of 

requests. If the Peace Corps makes an 

adverse determination denying a request 

in any respect, it will notify the 

requester of that determination in 

writing. Adverse determinations, or 

denials of requests, include decisions 

that: the requested record is exempt, in 

whole or in part; the request does not 

reasonably describe the records sought; 

the information requested is not a 

record subject to the FOIA; the 

requested record does not exist, cannot 

be located, or has been destroyed; or the 

requested record is not readily 

reproducible in the form or format 

sought by the requester. Adverse 

determinations also include denials 

involving fees or fee waiver matters or 

denials of requests for expedited 

processing. 

(f) Markings on released documents. 

The Peace Corps will release any 

reasonably segregable portion of a 

record after redaction of the exempt 

portions. The amount of information 

redacted and the exemption under 

which the redaction is made shall be 

indicated on the released portion of the 

record unless doing so would harm an 

interest protected by an applicable 

exemption. The location of the 

information redacted will also be 

indicated on the record, if technically 

feasible. 

(g) Use of record exclusions. (1) In the 

event that the Peace Corps identifies 

records that may be subject to exclusion 

from the requirements of the FOIA 

pursuant to 5 U.S.C. 552(c), the Peace 

Corps will confer with Department of 

Justice, Office of Information Policy 

(OIP), prior to application of the 

exclusion. 

(2) The Peace Corps, when invoking 

an exclusion, should document its 

consultation with OIP. 

■ 14. Revise newly redesignated 

§ 303.12 to read as follows: 

§ 303.12 Denials. 

(a) A denial of a written request for a 

record or information that complies 

with the requirements of § 303.7 shall be 

in writing and shall include, as 

applicable: 

(1) The name and title or position of 

the responsible IDA; 

(2) The signature of the agency’s FOIA 

Officer, or in the case of denials of 

requests concerning OIG records, the 

signature of the Inspector General or 

designee; 

(3) A brief statement of the reasons for 

the denial, including any FOIA 

exemption applied in denying the 

request; 

(4) An estimate of the volume of any 

records or information withheld, such 

as the number of pages or some other 

reasonable form of estimation, although 

such an estimate is not required if the 

volume is otherwise indicated by 

redactions marked on records that are 

disclosed in part or if providing an 

estimate would harm an interest 

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(5) For any information denied under 

Exemption 3, the specific statute relied 

upon to deny the information along 

with a short description of the statute; 

(6) A statement that the requester 

must appeal no later than 90 days after 

the date of the denial and along with 

instructions on how to appeal to the 

appellate authority. The instructions 

will include the appellate authority’s 

duty title, the mailing address for the 

appeal, and instructions on how the 

requester can appeal electronically; as 

defined under § 303.13; and 

(7) A statement notifying the requester 

of the assistance available from the 

Peace Corps’ FOIA Public Liaison and 

the dispute resolution services offered 

by OGIS. 

(b) [Reserved] 

■ 15. Revise newly redesignated 

§ 303.13 to read as follows: 

§ 303.13 Appeals. 

(a) Requirements for making an 

appeal. A requester may appeal any 

adverse determinations to the Associate 

Director of the Office of Management or, 

in the case of a denial of a request for 

OIG records, the Inspector General. 

Examples of adverse determinations are 

provided in § 303.11(e). Requesters can 

submit appeals by mail or online in 

accordance with the following 

requirements or with those on the Peace 

Corps’ website. The requester must 

make the appeal in writing and to be 

considered timely it must be 

postmarked, or in the case of electronic 

submissions, transmitted, within 90 

calendar days after the date of the 

response. The appeal should clearly 

identify the Peace Corps’ determination 

that is being appealed and the assigned 

request number. To facilitate handling, 

the requester should mark both the 

appeal letter and envelope, or subject 

line of the electronic transmission, 

‘‘Freedom of Information Act Appeal.’’ 

(b) Adjudication of appeals. (1) The 

Associate Director of the Office of 

Management or designee, or in the case 

of a denial of a request for OIG records, 

the Inspector General or designee, will 

consider all appeals under this section. 

(2) An appeal ordinarily will not be 

adjudicated if the request becomes a 

matter of FOIA litigation. 

(3) On receipt of any appeal involving 

classified information, the Associate 

Director of the Office of Management, or 

in the case of a denial of a request for 

OIG records, the Inspector General, will 

take appropriate action to ensure 

compliance with applicable 

classification rules. 

(c) Decisions on appeals. The 

Associate Director of the Office of 

Management or designee, or in the case 

of a denial of a request for OIG records, 

the Inspector General or designee, will 

provide the decision on an appeal in 

writing. A decision that upholds a 

determination in whole or in part will 

contain a statement that identifies the 

reasons for the affirmance, including 

any FOIA exemptions applied. The 

decision will provide the requester with 

notification of the statutory right to file 

a lawsuit and will inform the requester 

of the dispute resolution services 

offered by the OGIS of the National 

Archives and Records Administration as 

a non-exclusive alternative to litigation. 

If a decision is remanded or modified on 

appeal, the Associate Director of the 

Office of Management or designee, or in 

the case of a denial of a request for OIG 

records, the Inspector General or 

designee, will notify the requester of 

that determination in writing. The 

Associate Director of the Office of 

Management or designee, or in the case 

of a denial of a request for OIG records, 

the Inspector General or designee, will 

then further process the request in 

accordance with that appeal 

determination and will respond directly 

to the requester. 

(d) Engaging in dispute resolution 

services provided by OGIS. Dispute 

resolution is a voluntary process. If the 

Peace Corps agrees to participate in the 

dispute resolution services provided by 

OGIS, it will actively engage as a partner 

to the process in an attempt to resolve 

the dispute. 

(e) When an appeal is required. Before 

seeking review by a court of a Peace 

Corps’ adverse determination, a 

requester generally will first submit a 

timely administrative appeal. 

■ 16. Add new § 303.14 to read as 

follows: 

§ 303.14 Confidential commercial 

information. 

(a) Designation of confidential 

commercial information. A submitter of 

confidential commercial information as 

defined in § 303.2 will use good faith 

efforts to designate by appropriate 

markings, at the time of submission, any 

portion of its submission that it 

considers to be protected from 

disclosure under Exemption 4. These 

designations expire 10 years after the 

date of the submission unless the 

submitter requests and provides 

justification for a longer designation 

period. 

(b) When notice to submitters is 

required. (1) The Peace Corps will 

promptly provide written notice to the 

submitter of confidential commercial 

information whenever records 

containing such information are 

requested under the FOIA if the Peace 

Corps determines that it may be 

required to disclose the records, 

provided: 

(i) The requested information has 

been designated in good faith by the 

submitter as information considered 

protected from disclosure under 

Exemption 4; or 

(ii) The Peace Corps has a reason to 

believe that the requested information 

may be protected from disclosure under 

Exemption 4 but has not yet determined 

whether the information is protected 

from disclosure. 

(2) The notice will either describe the 

commercial information requested or 

include a copy of the requested records 

or portions of records containing the 

information. In cases involving a 

voluminous number of submitters, the 

Peace Corps may post or publish a 

notice in a place or manner reasonably 

likely to inform the submitters of the 

proposed disclosure, instead of sending 

individual notifications. 

(c) Exceptions to submitter notice 

requirements. The notice requirements 

of this section do not apply if: 

(1) The Peace Corps determines that 

the information is exempt under the 

FOIA, and therefore will not be 

disclosed; 

(2) The information has been lawfully 

published or has been officially made 

available to the public; 

(3) Disclosure of the information is 

required by a statute other than the 

FOIA or by a regulation issued in 

accordance with the requirements of 

Executive Order 12600 of June 23, 1987; 

or 

(4) The designation made by the 

submitter under paragraph (b) of this 

section appears obviously frivolous. In 

such case, the Peace Corps will give the 

submitter written notice of any final 

decision to disclose the information 

within a reasonable number of days 

prior to a specified disclosure date. 

(d) Opportunity to object to 

disclosure. (1) The Peace Corps will 

specify a reasonable time period within 

which the submitter may respond to the 

notice referenced in paragraph (b) of 

this section. 

(2) If a submitter has any objections to 

disclosure, it should provide the Peace 

Corps a detailed written statement that 

specifies all grounds for withholding the 

particular information under any 

exemption of the FOIA. In order to rely 

on Exemption 4 as basis for 

nondisclosure, the submitter will 

explain why the information constitutes 

a trade secret or commercial or financial 

information that is commercially 

confidential. 

(3) A submitter who fails to respond 

within the time period specified in the 


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notice will be considered to have no 

objection to disclosure of the 

information. The Peace Corps is not 

required to consider any information 

received after the date of any disclosure 

decision. Any information provided by 

a submitter under this part may itself be 

subject to disclosure under the FOIA. 

(e) Analysis of objections. The Peace 

Corps will consider a submitter’s 

objections and specific grounds for 

nondisclosure in deciding whether to 

disclose the requested information. 

(f) Notice of intent to disclose. 

Whenever the Peace Corps decides to 

disclose information over the objection 

of a submitter, the Peace Corps will 

provide the submitter written notice, 

which will include: 

(1) A statement of the reasons why 

each of the submitter’s disclosure 

objections was not sustained; 

(2) A description of the information to 

be disclosed or copies of the records as 

the Peace Corps intends to release them; 

and 

(3) A specified disclosure date, which 

will be a reasonable time after the 

notice. 

(g) Notice of FOIA lawsuit. Whenever 

a requester files a lawsuit seeking to 

compel the disclosure of confidential 

commercial information, the Peace 

Corps will promptly notify the 

submitter. 

(h) Requester notification. The Peace 

Corps will notify the requester 

whenever it provides the submitter with 

notice and an opportunity to object to 

disclosure; whenever it notifies the 

submitter of its intent to disclose the 

requested information; and whenever a 

submitter files a lawsuit to prevent the 

disclosure of the information. 

■ 17. Add § 303.15 to read as follows: 

§ 303.15 Preservation of records. 

The Peace Corps will preserve all 

correspondence pertaining to the 

requests that it receives under this 

subpart, as well as copies of all 

requested records, until disposition or 

destruction is authorized pursuant to 

title 44 of the United States Code or the 

General Records Schedule 4.2 of the 

National Archives and Records 

Administration. The Peace Corps will 

not dispose of or destroy records while 

they are the subject of a pending 

request, appeal, or lawsuit under the 

FOIA. 

■ 18. Revise newly redesignated 

§ 303.16 to read as follows: 

§ 303.16 Fees. 

(a) In general. The Peace Corps will 

charge for processing requests under the 

FOIA in accordance with the provisions 

of this section and with the Guidelines 

of the Office of Management and Budget 

(OMB). For purposes of assessing fees, 

the FOIA establishes three categories of 

requesters: 

(1) Commercial use requesters; 

(2) Non-commercial scientific or 

educational institutions or news media 

requesters; and 

(3) All other requesters. 

(b) Fee assessment. Different fees are 

assessed depending on the requester 

category and approved by the FOIA 

Officer. Requesters may seek a fee 

waiver. The Peace Corps will consider 

individual requests for fee waivers in 

accordance with the requirements in 

paragraph (l) of this section. To resolve 

any fee issues that arise under this 

section, Peace Corps may contact a 

requester for additional information. 

The Peace Corps will ensure that 

searches, reviews, and duplications are 

conducted in the most efficient and the 

least expensive manner. The Peace 

Corps ordinarily will collect all 

applicable fees before sending copies of 

records to a requester. Requesters will 

pay fees by check or money order made 

payable to the Treasury of the United 

States, or by another method as 

determined by the Peace Corps. 

(c) Fee charging considerations. (1) 

Whether the request is a commercial use 

request as defined in § 303.2. The Peace 

Corps’ decision to place a requester in 

the commercial use category will be 

made on a case-by-case basis based on 

the requester’s intended use of the 

information. The Peace Corps will 

notify requesters of their placement in 

this category. 

(2) The sum of direct costs as defined 

in § 303.2. 

(3) The cost of duplication as defined 

in § 303.2. 

(4) Whether the requester is an 

educational institution as defined in 

§ 303.2. A requester in this fee category 

will show that the request is made in 

connection with his or her role at the 

educational institution. The Peace Corps 

may seek verification from the requester 

that the request is in furtherance of 

scholarly research, and the Peace Corps 

will advise requesters of their placement 

in this category. 

Example 1 to paragraph (c)(4). A 

request from a professor of geology at a 

university for records relating to soil 

erosion, written on letterhead of the 

Department of Geology, would be 

presumed to be from an educational 

institution. 

Example 2 to paragraph (c)(4). A 

request from the same professor of 

geology seeking drug information from 

the Food and Drug Administration in 

furtherance of a murder mystery he is 

writing would not be presumed to be an 

institutional request, regardless of 

whether it was written on institutional 

stationery. 

Example 3 to paragraph (c)(4). A 

student who makes a request in 

furtherance of their coursework or other 

school-sponsored activities and 

provides a copy of a course syllabus or 

other reasonable documentation to 

indicate the research purpose for the 

request, would qualify as part of this fee 

category. 

(5) Whether the requester is a 

noncommercial scientific institution as 

defined in § 303.2. A requester in this 

category will show that the request is 

authorized by and is 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. The Peace Corps will 

advise requesters of their placement in 

this category. 

(6) Whether the requester is a 

representative of the news media as 

defined in § 303.2. Examples of news 

media entities include television or 

radio stations that broadcast ‘‘news’’ to 

the public at large and publishers of 

periodicals that disseminate ‘‘news’’ 

and make their products available 

through a variety of means to the 

general public, including news 

organizations that disseminate solely on 

the internet. A request for records 

supporting the news-dissemination 

function of the requester will not be 

considered to be for a commercial use. 

‘‘Freelance’’ journalists who 

demonstrate a solid basis for expecting 

publication through a news media entity 

will be considered as a representative of 

the news media. A publishing contract 

would provide the clearest evidence 

that publication is expected; however, 

the Peace Corps may also consider a 

requester’s past publication record in 

making this determination. The Peace 

Corps will advise requesters of their 

placement in this category. 

(7) The cost of the review as defined 

in § 303.2. Review time includes 

processing any record for disclosure, 

such as doing all that is necessary to 

prepare the record for disclosure, 

including the process of redacting the 

record and marking the appropriate 

exemptions. Review costs are properly 

charged even if a record ultimately is 

not disclosed. Review time also 

includes time spent both obtaining and 

considering any formal objection to 

disclosure made by a confidential 

commercial information submitter 

under § 303.14, but it does not include 

time spent resolving general legal or 

policy issues regarding the application 

of exemptions. 


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(8) The cost of the time involved in 

the search as defined in § 303.2. Search 

time includes page-by-page or line-byline identification of information within 

records and the reasonable efforts 

expended to locate and retrieve 

information from electronic records. 

(d) Charging fees. In responding to 

FOIA requests, the Peace Corps will 

charge the following fees unless a 

waiver or reduction of fees has been 

granted under paragraph (l) of this 

section. Because the fee amounts 

provided under paragraph (m) of this 

section already account for the direct 

costs associated with a given fee type, 

the Peace Corps will not add any 

additional costs to charges calculated 

under this section. 

(1) Search. (i) Requests made by 

educational institutions, noncommercial 

scientific institutions, or representatives 

of the news media are not subject to 

search fees. The Peace Corps will charge 

search fees for all other requesters, 

subject to the restrictions of paragraph 

(e) of this section. The Peace Corps may 

properly charge for time spent searching 

even if they do not locate any 

responsive records or if they determine 

that the records are entirely exempt 

from disclosure. 

(ii) For each quarter hour spent by 

personnel searching for requested 

records, including electronic searches 

that do not require new programming, 

the fees will be charged. 

(iii) The Peace Corps will charge the 

direct costs associated with conducting 

any search that requires the creation of 

a new computer program to locate the 

requested records. The Peace Corps will 

notify the requester of the costs 

associated with creating such a program, 

and the requester will agree to pay the 

associated costs before the costs may be 

incurred. 

(iv) For requests that require the 

retrieval of records stored by the Peace 

Corps at a Federal records center 

operated by the National Archives and 

Records Administration (NARA), 

agencies will charge additional costs in 

accordance with the Transactional 

Billing Rate Schedule established by 

NARA. 

(2) Duplication. The Peace Corps will 

charge duplication fees to all requesters, 

subject to the restrictions of paragraph 

(e) of this section. The Peace Corps will 

honor a requester’s preference for 

receiving a record in a particular form 

or format where the Peace Corps can 

readily reproduce it in the form or 

format requested. Where photocopies 

are supplied, the Peace Corps will 

provide one copy per request at no 

charge up to 100 pages. For copies of 

records produced on tapes, disks, or 

other media, the Peace Corps will 

charge the direct costs of producing the 

copy, including operator time. Where 

paper documents will be scanned in 

order to comply with a requester’s 

preference to receive the records in an 

electronic format, the requester will also 

pay the direct costs associated with 

scanning those materials. For other 

forms of duplication, the Peace Corps 

will charge the direct costs. 

(3) Review. The Peace Corps will 

charge review fees to requesters who 

make commercial use requests. Review 

fees will be assessed in connection with 

the initial review of the record, i.e., the 

review conducted by the Peace Corps to 

determine whether an exemption 

applies to a particular record or portion 

of a record. No charge will be made for 

review at the administrative appeal 

stage of exemptions applied at the 

initial review stage. However, if a 

particular exemption is deemed to no 

longer apply, any costs associated with 

the Peace Corps’ re-review of the 

records in order to consider the use of 

other exemptions may be assessed as 

review fees. Review fees will be charged 

at the same rates as those charged for a 

search under paragraph (d)(1)(ii) of this 

section. 

(e) Restrictions on charging fees. (1) 

When the Peace Corps determines that 

a requester is an educational institution, 

non-commercial scientific institution, or 

representative of the news media, and 

the records are not sought for 

commercial use, it will not charge 

search fees. 

(2)(i) If the Peace Corps fails to 

comply with the FOIA’s time limits in 

which to respond to a request, it may 

not charge search fees, or, in the 

instances of requests from requesters 

described in paragraph (e)(1) of this 

section, may not charge duplication 

fees, except as described in (e)(2)(ii) 

through (iv). 

(ii) If the Peace Corps has determined 

that unusual circumstances as defined 

in § 303.2 apply and the Peace Corps 

provided timely written notice to the 

requester in accordance with the FOIA, 

a failure to comply with the time limit 

shall be excused for an additional 10 

days. 

(iii) If the Peace Corps has determined 

that unusual circumstances as defined 

in § 303.2 apply and more than 5,000 

pages are necessary to respond to the 

request, the Peace Corps may charge 

search fees, or, in the case of requesters 

described in paragraph (e)(1) of this 

section, may charge duplication fees, if 

the following steps are taken: the Peace 

Corps will have provided timely written 

notice of unusual circumstances to the 

requester in accordance with the FOIA; 

and the Peace Corps will have discussed 

with the requester via written mail, 

email, or telephone (or made not less 

than three good faith attempts to do so) 

how the requester could effectively limit 

the scope of the request in accordance 

with 5. U.S.C. 552(a)(6)(B)(ii). If this 

exception is satisfied, the Peace Corps 

may charge all applicable fees incurred 

in the processing of the request. 

(iv) If a court has determined that 

exceptional circumstances exist, as 

defined by the FOIA, a failure to comply 

with the time limits shall be excused for 

the length of time provided by the court 

order. 

(3) No search or review fees will be 

charged for a quarter-hour period unless 

more than half of that period is required 

for search or review. 

(4) Except for requesters seeking 

records for a commercial use, the Peace 

Corps will provide without charge: 

(i) The first 100 pages of duplication 

(or the cost equivalent for other media); 

and 

(ii) The first two hours of search. 

(5) No fee will be charged when the 

total fee, after deducting the 100 free 

pages (or its cost equivalent) and the 

first two hours of search, is equal to or 

less than $25. 

(f) Notice of anticipated fees in excess 

of $25.00. (1) When the Peace Corps 

determines or estimates that the fees to 

be assessed in accordance with this 

section will exceed $25.00, the Peace 

Corps will notify the requester of the 

actual or estimated amount of the fees, 

including a breakdown of the fees for 

search, review, or duplication, unless 

the requester has indicated a 

willingness to pay fees as high as those 

anticipated. If only a portion of the fee 

can be estimated readily, the Peace 

Corps will advise the requester 

accordingly. If the request is not for 

noncommercial use, the notice will 

specify that the requester is entitled to 

the statutory entitlements of 100 pages 

of duplication at no charge and, if the 

requester is charged search fees, two 

hours of search time at no charge, and 

will advise the requester whether those 

entitlements have been provided. 

(2) If the Peace Corps notifies the 

requester that the actual or estimated 

fees are in excess of $25.00, the request 

will not be considered received and 

further work will not be completed until 

the requester commits in writing to pay 

the actual or estimated total fee, or 

designates some amount of fees the 

requester is willing to pay, or in the case 

of a noncommercial use requester who 

has not yet been provided with the 

requester’s statutory entitlements, 

designates that the requester seeks only 

that which can be provided by the 


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statutory entitlements. The requester 

will provide the commitment or 

designation in writing, and will, when 

applicable, designate an exact dollar 

amount the requester is willing to pay. 

The Peace Corps will not accept 

payments in installments. 

(3) If the requester has indicated a 

willingness to pay some designated 

amount of fees, but the Peace Corps 

estimates that the total fee will exceed 

that amount, the Peace Corps will toll 

the processing of the request when it 

notifies the requester of the estimated 

fees in excess of the amount the 

requester has indicated a willingness to 

pay. The Peace Corps will inquire 

whether the requester wishes to revise 

the amount of fees the requester is 

willing to pay or modify the request. 

Once the requester responds, the time to 

respond will resume from where it was 

at the date of the notification. 

(4) The Peace Corps will make 

available their FOIA Public Liaison or 

other FOIA professional to assist any 

requester in reformulating a request to 

meet the requester’s needs at a lower 

cost. 

(g) Charges for other services. 

Although not required to provide 

special services, if the Peace Corps 

chooses to do so as a matter of 

administrative discretion, the direct 

costs of providing the service will be 

charged. Examples of such services 

include certifying that records are true 

copies, providing multiple copies of the 

same document, or sending records by 

means other than first class mail. 

(h) Charging interest. The Peace Corps 

may charge interest on any unpaid bill 

starting on the 31st day following the 

date of billing the requester. 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 Peace Corps. 

The Peace Corps 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. 

(i) Aggregating requests. When the 

Peace Corps reasonably believes that a 

requester or a group of requesters acting 

in concert is attempting to divide a 

single request into a series of requests 

for the purpose of avoiding fees, the 

Peace Corps may aggregate those 

requests and charge accordingly. The 

Peace Corps may presume that multiple 

requests of this type made within a 30- 

day period have been made in order to 

avoid fees. For requests separated by a 

longer period, the Peace Corps will 

aggregate them only where there is a 

reasonable basis for determining that 

aggregation is warranted in view of all 

the circumstances involved. Multiple 

requests involving unrelated matters 

cannot be aggregated. 

(j) Advance payments. (1) For requests 

other than those described in paragraph 

(j)(2) or (j)(3) of this section, the Peace 

Corps may not require the requester to 

make an advance payment before work 

is commenced or continued on a 

request. Payment owed for work already 

completed (i.e., payment before copies 

are sent to a requester) is not an advance 

payment. 

(2) When the Peace Corps determines 

or estimates that a total fee to be charged 

under this section will exceed $250.00, 

it may require that the requester make 

an advance payment up to the amount 

of the entire anticipated fee before 

beginning to process the request. The 

Peace Corps may elect to process the 

request prior to collecting fees when it 

receives a satisfactory assurance of full 

payment from a requester with a history 

of prompt payment. 

(3) Where a requester has previously 

failed to pay a properly charged FOIA 

fee to the Peace Corps within 30 

calendar days of the billing date, the 

Peace Corps may require that the 

requester pay the full amount due, plus 

any applicable interest on that prior 

request, and the Peace Corps may 

require that the requester make an 

advance payment of the full amount of 

any anticipated fee before the Peace 

Corps begins to process a new request 

or continues to process a pending 

request or any pending appeal. Where 

the Peace Corps has a reasonable basis 

to believe that a requester has 

misrepresented the requester’s identity 

in order to avoid paying outstanding 

fees, it may require that the requester 

provide proof of identity. 

(4) In cases in which the Peace Corps 

requires advance payment, the request 

will not be considered received and 

further work will not be completed until 

the required payment is received. If the 

requester does not pay the advance 

payment within 30 calendar days after 

the date of the Peace Corps’ fee 

determination, the request will be 

closed. 

(k) Other statutes specifically 

providing for fees. The fee schedule of 

this section does not apply to fees 

charged under any statute that 

specifically requires the Peace Corps to 

set and collect fees for particular types 

of records. In instances where records 

responsive to a request are subject to a 

statutorily-based fee schedule program, 

the Peace Corps will inform the 

requester of the contact information for 

that program. 

(l) Requirements for waiver or 

reduction of fees. (1) Requesters may 

seek a waiver of fees by submitting a 

written application demonstrating how 

disclosure of the requested information 

is in the public interest because it is 

likely to contribute significantly to 

public understanding of the operations 

or activities of the government and is 

not primarily in the commercial interest 

of the requester. 

(2) The Peace Corps will furnish 

records responsive to a request without 

charge or at a reduced rate when it 

determines, based on all available 

information, that the factors described 

in paragraphs (l)(2)(i) through (iii) are 

satisfied: 

(i) Disclosure of the requested 

information would shed light on the 

operations or activities of the 

government. The subject of the request 

will concern identifiable operations or 

activities of the Federal Government 

with a connection that is direct and 

clear, not remote or attenuated; and 

(ii) Disclosure of the requested 

information is likely to contribute 

significantly to public understanding of 

those operations or activities. This 

factor is satisfied when the following 

criteria are met: 

(A) Disclosure of the requested 

records will be meaningfully 

informative about government 

operations or activities. The disclosure 

of information that already is in the 

public domain, in either the same or a 

substantially identical form, would not 

be meaningfully informative if nothing 

new would be added to the public’s 

understanding; and 

(B) The disclosure will contribute to 

the understanding of a reasonably broad 

audience of persons interested in the 

subject, as opposed to the individual 

understanding of the requester. A 

requester’s expertise in the subject area 

as well as the requester’s ability and 

intention to effectively convey 

information to the public will be 

considered. The Peace Corps will 

presume that a representative of the 

news media will satisfy this 

consideration. 

(iii) The disclosure will not be 

primarily in the commercial interest of 

the requester. To determine whether 

disclosure of the requested information 

is primarily in the commercial interest 

of the requester, the Peace Corps will 

consider the following criteria: 

(A) The Peace Corps will identify 

whether the requester has any 

commercial interest that would be 

furthered by the requested disclosure. A 

commercial interest includes any 

commercial, trade, or profit interest. 

Requesters will be given an opportunity 


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to provide explanatory information 

regarding this consideration; and 

(B) If there is an identified 

commercial interest, the Peace Corps 

will determine whether that is the 

primary interest furthered by the 

request. A waiver or reduction of fees is 

justified when the requirements of 

paragraphs (l)(2)(i) and (ii) are satisfied 

and any commercial interest is not the 

primary interest furthered by the 

request. The Peace Corps ordinarily will 

presume that when a news media 

requester has satisfied factors of 

paragraphs (l)(2)(i) and (ii), the request 

is not primarily in the commercial 

interest of the requester. Disclosure to 

data brokers or others who merely 

compile and market government 

information for direct economic return 

will not be presumed to primarily serve 

the public interest. 

(3) 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. 

(4) Requests for a waiver or reduction 

of fees should be made when the request 

is first submitted to the Peace Corps and 

should address the criteria referenced 

under paragraph (1) of this section A 

requester may submit a fee waiver 

request at a later time so long as the 

underlying record request is pending or 

on administrative appeal. When a 

requester who has committed to pay 

fees subsequently asks for a waiver of 

those fees and that waiver is denied, the 

requester will pay any costs incurred up 

to the date the fee waiver request was 

received. 

(5) These fee waiver/reduction 

provisions are subject to appeal in the 

same manner as appeals from denial 

under § 303.13. 

(m) Minimal amount. No fee will be 

charged under this section unless the 

cost of routine collection and processing 

of the fee payment is likely to exceed 

the average cost of processing a 

payment. 

(n) Agreement to pay fees. Requesters 

must agree to pay all fees charged for 

services associated with their requests. 

(o) Charging interest. Interest may be 

charged to those requesters who fail to 

pay the fees charged. Interest will be 

assessed on the amount billed, starting 

on the 31st day following the day on 

which the billing was sent. The rate 

charged will be as prescribed in 31 

U.S.C. 3717. 

(p) Nonpayment of fees. The Peace 

Corps is not required to process a 

request for a requester who has not paid 

FOIA fees owed to another Federal 

agency. 

(q) Multiple copies. The Peace Corps 

reserves the right to charge for multiple 

copies of any document that will be 

provided to any one requester or to 

require that special arrangements for 

duplication be made in the case of 

bound volumes or other records 

representing unusual problems of 

handling or reproduction. 

■ 19. Amend newly redesignated 

§ 303.17 by revising paragraphs (a)(1) 

through (6) and (b)(1) through (3) to read 

as follows: 

§ 303.17 Procedures for responding to a 

subpoena. 

(a) * * * 

(1) This section sets forth the 

procedures to be followed in 

proceedings in which the Peace Corps is 

not a party, whenever a subpoena, 

order, or other demand (collectively 

referred to as a ‘‘demand’’) of a court or 

other authority is issued for: 

(i) The production or disclosure of 

any material contained in the files of the 

Peace Corps; 

(ii) The production or disclosure of 

any information relating to material 

contained in the files of the Peace 

Corps; 

(iii) The production or disclosure of 

any information or material acquired by 

any person while such person was an 

employee of the Peace Corps as a part 

of the performance of their official 

duties or because of their official status, 

or 

(iv) The production of an employee of 

the Peace Corps for the deposition or an 

appearance as a witness in a legal action 

or proceeding. 

(2) For purposes of this section, the 

term ‘‘employee of the Peace Corps’’ 

includes all officers, employees, 

volunteers, and trainees of the Peace 

Corps appointed by, or subject to the 

supervision, jurisdiction or, control of, 

the Director of the Peace Corps, 

including personal services contractors. 

Also, for purposes of this section, 

records of the Peace Corps do not 

include records of the Office of 

Inspector General. 

(3) This section is intended to provide 

instructions regarding the internal 

operations of the Peace Corps, and is not 

intended, and does not and may not be 

relied upon, to create any right or 

benefit, substantive or procedural, 

enforceable at law by a party against the 

Peace Corps. 

(4) This section applies to: 

(i) State and local court, 

administrative and legislative 

proceedings; and 

(ii) Federal court and administrative 

proceedings. 

(5) This section does not apply to: 

(i) Congressional requests or 

subpoenas for testimony or documents; 

and 

(ii) Employees or former employees 

making appearances solely in their 

private capacity in legal or 

administrative proceedings that do not 

relate to the Peace Corps (such as cases 

arising out of traffic accidents or 

domestic relations). Any questions 

regarding whether the appearance 

relates solely to the employee’s or 

former employee’s private capacity 

should be referred to the Office of the 

General Counsel. 

(6) Nothing in this section otherwise 

permits disclosure of information by the 

Peace Corps except as is provided by 

statute or other applicable law. 

(b) * * * 

(1) No employee or former employee 

of the Peace Corps shall, in response to 

a demand of a court or other authority 

set forth in paragraph (a) of this section 

produce any material, disclose any 

information, or appear in any 

proceeding, described in paragraph (a) 

of this section without the approval of 

the General Counsel or designee. 

(2) Whenever an employee or former 

employee of the Peace Corps receives a 

demand for the production of material 

or the disclosure of information 

described in paragraph (a) of this 

section they shall immediately notify 

and provide a copy of the demand to the 

General Counsel or designee. The 

General Counsel, or designee, shall be 

furnished by the party causing the 

demand to be issued or served a written 

summary of the information sought, its 

relevance to the proceeding in 

connection with which it was served, 

and why the information sought is 

unavailable by any other means or from 

any other sources. 

(3) The General Counsel, or designee, 

in consultation with appropriate Peace 

Corps officials, including the Peace 

Corps’ FOIA Officer, or designee, and in 

light of the considerations listed in 

paragraph (d) of this section, will 

determine whether the person on whom 

the demand was served should respond 

to the demand. 

* * * * * 

■ 20. Add § 303.18 to read as follows: 

§ 303.18 Other rights and services. 

Nothing in this part shall be 

construed to entitle any person, as of 

right, to any service or to the disclosure 

of any record to which such person is 

not entitled under the FOIA. 

Dated: November 22, 2023. 

James Olin, 

FOIA and Privacy Officer. 

[FR Doc. 2023–26151 Filed 11–27–23; 8:45 am] 

BILLING CODE 6051–01–P 


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