39432 Federal Register / Vol. 87, No. 126 / Friday, July 1, 2022 / Proposed Rules 

regard to antidumping and 

countervailing duties and to refund cash 

deposits collected on that basis. 

(ii) In the event of an affirmative 

preliminary or final determination of 

circumvention in the Solar 

Circumvention Inquiries before the Date 

of Termination, the Secretary will not, 

at that time, direct CBP to suspend 

liquidation and collect cash deposits of 

estimated duties in connection with the 

affirmative determination for Applicable 

Entries. 

(2) In the event of an affirmative final 

determination of circumvention in the 

Solar Circumvention Inquiries, 

notwithstanding § 351.226(l) of this 

chapter, the Secretary will direct CBP to 

begin suspension of liquidation and 

require a cash deposit of estimated 

antidumping and countervailing duties, 

at the applicable rate, for each 

unliquidated entry of Southeast AsianCompleted Cells and Modules that is 

entered, or withdrawn from warehouse, 

for consumption on or after the Date of 

Termination. 

(c) Waiver of assessment of duties. In 

the event the Secretary issues an 

affirmative final determination of 

circumvention in the Solar 

Circumvention Inquiries and thereafter, 

in accordance with other segments of 

the proceedings, pursuant to section 751 

of the Act and § 351.212(b) of this 

chapter, issues liquidation instructions 

to CBP, the Secretary will direct CBP to 

liquidate Applicable Entries without 

regard to antidumping and 

countervailing duties that would 

otherwise apply pursuant to an 

affirmative final determination of 

circumvention. 

§ 362.104 Certifications. 

Nothing in this section shall preclude 

the Secretary from requiring a 

certification for Southeast AsianCompleted Cells and Modules pursuant 

to § 351.228 of this chapter in the event 

of an affirmative preliminary or final 

determination in the Solar 

Circumvention Inquiries. 

[FR Doc. 2022–14241 Filed 6–30–22; 4:15 pm] 

BILLING CODE 3510–DS–P 

CENTRAL INTELLIGENCE AGENCY 

32 CFR Part 1900 

Freedom of Information Act 

Regulations 

AGENCY: Central Intelligence Agency. 

ACTION: Notice of proposed rulemaking 

and request for public comment. 

SUMMARY: The Central Intelligence 

Agency (CIA or the Agency) has 

undertaken and completed a review of 

its public regulations governing its 

implementation of the Freedom of 

Information Act (FOIA), as amended by 

the FOIA Improvement Act of 2016. As 

a result of this review, the Agency 

proposes to revise its FOIA regulations 

concerning the requirements for filing 

FOIA requests and CIA’s procedures for 

processing and reviewing such requests. 

As required by the FOIA, the Agency is 

providing an opportunity for interested 

persons to submit comments on these 

proposed regulations. 

DATES: Comments will be accepted until 

August 30, 2022. 

ADDRESSES: All submissions must be in 

English. Comments may be submitted 

by the following methods: By mail to 

Brian C. O’Neill, Director, Advanced 

Data Lifecycle Solutions, Central 

Intelligence Agency, Washington, DC 

20505; or by email to 

FedRegComments@ucia.gov. Please 

include ‘‘FOIA PROPOSED 

RULEMAKING’’ in the subject line of 

the message. 

FOR FURTHER INFORMATION CONTACT: 

Brian C. O’Neill; (571) 280–2899. 

SUPPLEMENTARY INFORMATION: CIA is 

amending its regulations governing 

implementation of the FOIA, as 

amended by the FOIA Improvement Act 

of 2016. CIA has undertaken and 

completed a review of its public FOIA 

regulations that govern certain aspects 

of its processing of FOIA requests. As a 

result of this review, the Agency 

proposes to revise its FOIA regulations 

found in chapter 19 of title 32 of the 

Code of Federal Regulations. 

These proposed regulatory changes 

are intended to enhance the 

administration and operations of the 

Agency’s FOIA program by ensuring 

compliance with all legal requirements 

and by increasing the transparency and 

clarity of the regulations governing the 

Agency’s FOIA program. 

Statutory and Executive Order Reviews 

Executive Order 12866 and 13563 

These proposed regulations have been 

drafted and reviewed in accordance 

with Executive Order 12866, Regulatory 

Planning and Review, section 1, 

Statement of Regulatory Philosophy and 

Principles, and in accordance with 

Executive Order 13563, Improving 

Regulation and Regulatory Review, 

section 1, General Principles of 

Regulation. Because these proposed 

regulations do not constitute a 

significant regulatory action under 

section 3(f) of Executive Order 12866, 

they were not subject to mandatory 

prior review by the Office of 

Management and Budget Office of 

Information and Regulatory Affairs 

(OMB/OIRA) under section 6 of 

Executive Order 12866. 

Paperwork Reduction Act 

Because these proposed regulations 

do not involve a collection of 

information, the review and OMB 

clearance requirements of the 

Paperwork Reduction Act, 44 U.S.C. 

3506 & 3507, do not apply. 

Executive Order 12988 

These proposed regulations meet the 

applicable standards set forth in 

Executive Order 12988, Civil Justice 

Reform. 

Executive Order 13132 

Because these proposed regulations 

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, they do 

not constitute policies that have 

federalism implications under Executive 

Order 13132. Thus, the requirements of 

Executive Order 13132 sections 2, 3, 

and 8, governing agency policies or 

regulations do not apply. 

Regulatory Flexibility Act 

In accordance with the Regulatory 

Flexibility Act, 5 U.S.C. 605(b), CIA has 

reviewed these proposed regulations 

and certifies that they will not have a 

significant economic impact on a 

substantial number of small entities, 

and thus no regulatory flexibility 

analysis is required. These proposed 

regulations pertain to CIA’s policies and 

practices for processing FOIA requests, 

and do not impose any new 

requirements on small entities. 

Unfunded Mandates Reform Act of 1995 

These proposed regulations will not 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $100 million 

or more in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions are 

necessary under the provisions of the 

Unfunded Mandates Reform Act of 

1995, 2 U.S.C. 1532(a) & 1533(a). 

Small Business Regulatory Enforcement 

Fairness Act of 1996 

These proposed regulations will not 

result in an annual effect on the 

economy of $100 million or more, a 

major increase in costs or prices, or 

significant adverse effects on 

competition, employment, investment, 

productivity, innovation, or the ability 


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of United States-based enterprises to 

compete with foreign-based enterprises 

in domestic and export markets. Thus, 

they do not constitute major rules as 

defined by the Small Business 

Regulatory Enforcement Fairness Act of 

1996, 5 U.S.C. 804. 

National Environmental Policy Act of 

1969 

CIA has reviewed these proposed 

regulations for purposes of the National 

Environmental Policy Act of 1969 

(NEPA) and has determined that these 

proposed regulations do not constitute 

‘‘major Federal actions significantly 

affecting the quality of the human 

environment.’’ 42 U.S.C. 4332(C). 

List of Subjects in 32 CFR Part 1900 

Administrative practice and 

procedure, Classified information, 

Freedom of information. 

As stated in the preamble, the CIA 

proposes to revise 32 CFR part 1900 to 

read as follows: 

PART 1900—PUBLIC ACCESS TO CIA 

RECORDS UNDER THE FREEDOM OF 

INFORMATION ACT (FOIA) 

General 

Sec. 

1900.01 Authority and purpose. 

1900.02 Definitions. 

1900.03 Contact for general information and 

requests. 

1900.04 Suggestions and complaints. 

Filing of FOIA Requests 

1900.11 Preliminary information. 

1900.12 Requirements as to form and 

content. 

1900.13 Fees for record services. 

1900.14 Fee estimates (pre-request option). 

CIA Action on FOIA Requests 

1900.21 Processing of requests for records. 

1900.22 Action and determination(s) by 

originator(s) or any interested party. 

1900.23 Payment of fees, notification of 

decision, and right of appeal. 

Additional Administrative Matters 

1900.31 Procedures for business 

information. 

1900.32 Procedures for information 

concerning other persons. 

1900.33 Allocation of resources; agreed 

extensions of time. 

1900.34 Requests for expedited processing. 

CIA Action on FOIA Administrative Appeals 

1900.41 Designation of authority to hear 

appeals. 

1900.42 Right of appeal and appeal 

procedures. 

1900.43 [Reserved] 

1900.44 Action by appeals authority. 

1900.45 Notification of decision and right 

of judicial review. 

Authority: 5 U.S.C. 552; 50 U.S.C. 3001 et 

seq.; 50 U.S.C. 3501 et seq.; 50 U.S.C. 3141; 

E.O. 12600, 52 FR 23781, 3 CFR, 1987 Comp., 

p. 235; E.O. 13392, 70 FR 75373, 3 CFR, 2005 

Comp., p. 216; E.O. 13526, 75 FR 707, 3 CFR, 

2009 Comp., p. 298. 

General 

§ 1900.01 Authority and purpose. 

(a) This part is issued under the 

authority of and in order to implement 

the Freedom of Information Act (FOIA), 

as amended (5 U.S.C. 552); and in 

accordance with the CIA Information 

Act of 1984 (50 U.S.C. 3141); section 

102A(i) of the National Security Act of 

1947, as amended (50 U.S.C. 3024(i)); 

and section 6 of the Central Intelligence 

Agency Act of 1949, as amended (50 

U.S.C. 3507). It contains procedures that 

CIA follows in processing requests for 

records submitted under the FOIA. The 

procedures in this part 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 Fee 

Guidelines). 

(b) Requests made by individuals for 

records about themselves under the 

Privacy Act of 1974 (5 U.S.C. 552a) are 

processed in accordance with CIA’s 

Privacy Act regulations, set forth at 32 

CFR part 1901, as well as under this 

part. 

(c) Other than as expressly provided 

in this part, this part creates no right or 

benefit, substantive or procedural, 

enforceable by law or in equity by any 

party against the United States, its 

departments, agencies, or entities, its 

officers, employees, or agents, or any 

other person. 

§ 1900.02 Definitions. 

For purposes of this part, the 

following terms have the meanings 

indicated: 

(a) Agency or CIA means the United 

States Central Intelligence Agency 

acting through the CIA Information and 

Privacy Coordinator. 

(b) Agency Release Panel (ARP) 

means the Agency’s forum for reviewing 

information review and release policy, 

assessing the adequacy of resources 

available to all Agency declassification 

and release programs, and considering 

administrative appeals in accordance 

with this part. 

(c) Chief FOIA Officer means the 

senior CIA official, at the CIA’s 

equivalent of the Assistant Secretary 

level, who has been designated by the 

Director of the CIA (DCIA) to have 

Agency-wide responsibility for the 

CIA’s efficient and appropriate 

compliance with the FOIA. 

(d) CIA Information and Privacy 

Coordinator or Coordinator means the 

official who serves as the Agency 

manager of information review and 

release activities implementing the 

FOIA. 

(e) Days means calendar days when 

the Agency is operating and specifically 

excludes Saturdays, Sundays, and legal 

public holidays. Three (3) days may be 

added to any time limit imposed on a 

requester by this part if responding by 

U.S. domestic mail; ten (10) days may 

be added if responding by international 

mail. 

(f) Direct costs means those 

expenditures which an agency actually 

incurs in the processing of a FOIA 

request; it does not include overhead 

factors such as space; it does include: 

(1) Pages, which means paper copies 

of standard office size or the dollar 

value equivalent in other media; 

(2) Reproduction, which means 

generation of a copy of a requested 

record in a form appropriate for release; 

(3) Review, which means all time 

expended in preparing a record for 

release, including examining a record to 

determine whether any portion must be 

withheld pursuant to law and in 

effecting any necessary deletions but 

excludes personnel hours expended in 

resolving general legal or policy issues; 

and 

(4) Search, which means all time 

expended in looking for and retrieving 

material that may be responsive to a 

request utilizing available paper and 

electronic indices and finding aids, 

including time spent determining 

whether records located during a search 

are responsive to the request. 

(g) Fees means those direct costs 

which may be assessed a requester 

considering the categories established 

by the FOIA; requesters should submit 

information to assist the Agency in 

determining the proper fee category and 

the Agency may draw reasonable 

inferences from the identity and 

activities of the requester in making 

such determinations; the fee categories 

include: 

(1) Commercial use. Requests in 

which the disclosure sought is primarily 

in the commercial interest of the 

requester and which furthers such 

commercial, trade, income or profit 

interests, which can include furthering 

those interests through litigation. 

(2) Educational or non-commercial 

scientific institution, or a representative 

of the news media—(i) Educational or 

non-commercial scientific institution. 

Requests made under the auspices of an 

accredited United States institution 

engaged in scholarly or scientific 

research and which are for information 

not for commercial use, but rather 

intended to be used in specific scholarly 

or scientific works. 


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(ii) Representative of the news media. 

Requests from 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 include 

television or radio stations broadcasting 

to the public at large, and individual or 

corporate 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. ‘‘Freelance’’ 

journalists who demonstrate a solid 

basis for expecting publication through 

a news media entity will be considered 

a representative of the news media. A 

publishing contract would be the 

clearest proof that publication is 

expected, but the Agency may also look 

to the past publication record of a 

requestor in making this determination. 

(3) All other. Requests not described 

in paragraph (g)(1) or (2) of this section. 

(h) FOIA Public Liaison means the 

CIA supervisory official(s) who shall 

assist in the resolution of any disputes 

between a FOIA requester and the 

Agency and to whom a FOIA requester 

may direct a concern regarding the 

service he or she has received from CIA 

and who shall respond on behalf of the 

Agency as prescribed in this part. 

(i) FOIA Requester Service Center 

means the office within the CIA where 

a FOIA requester may direct inquiries 

regarding the status of a FOIA request 

he or she filed at the CIA, requests for 

guidance on narrowing or further 

defining the nature of scope of his or her 

FOIA request, and requests for general 

information about the FOIA program at 

the CIA. 

(j) Interested party means any official 

in the executive, military, congressional, 

or judicial branches of government, 

United States or foreign, or U.S. 

Government contractor who, in the sole 

discretion of the CIA, has a subject 

matter or physical interest in the 

documents or information at issue. 

§ 1900.03 Contact for general information 

and requests. 

(a) A member of the public seeking to 

file a FOIA request or an administrative 

appeal must direct a written request or 

appeal via mail to: Information and 

Privacy Coordinator, Central 

Intelligence Agency, Washington, DC 

20505, or online at: https://

www.foia.cia.gov/foia_request/form, in 

accordance with the requirements of 

this part. 

(b) Requesters may view the status of 

pending FOIA requests at https://

www.cia.gov/readingroom/request/ 

status. In addition, inquiries regarding 

the status of a FOIA request, obtaining 

guidance on narrowing or further 

defining the nature or scope of a FOIA 

request, or obtaining general 

information about the FOIA program at 

CIA, may be directed to the CIA FOIA 

Requester Service Center, Central 

Intelligence Agency, Washington, DC 

20505, via facsimile at (703) 613–3007, 

or via telephone at (703) 613–1287. 

Collect calls cannot be accepted. 

(c) Concerns, suggestions, comments, 

or complaints regarding the service 

received from CIA or regarding the 

Agency’s general administration of the 

FOIA may be directed to the FOIA 

Public Liaison, Central Intelligence 

Agency, Washington, DC 20505, via 

facsimile at 703–613–3007, or via 

telephone at 703–613–1287. Collect 

calls cannot be accepted. 

§ 1900.04 Suggestions and complaints. 

The CIA remains committed to 

administering a results-oriented and 

citizen-centered FOIA program, to 

processing requests in an efficient, 

timely and appropriate manner, and to 

working with requesters and the public 

to continuously improve Agency FOIA 

operations. The Agency welcomes 

suggestions, comments, or complaints 

regarding its administration of the 

FOIA. Members of the public shall 

address all such communications to the 

FOIA Public Liaison as specified at 

§ 1900.03(c). The Agency may respond 

as determined feasible and appropriate 

under the circumstances. Requesters 

seeking to raise concerns about the 

service received from the CIA FOIA 

Requester Service Center may contact 

the FOIA Public Liaison after receiving 

an initial response from the CIA FOIA 

Requester Service Center. The FOIA 

Public Liaison shall be responsible for 

assisting in reducing delays and 

assisting in the resolution of disputes 

between a FOIA requester and the 

Agency. 

Filing of FOIA Requests 

§ 1900.11 Preliminary information. 

(a) Members of the public shall 

address all communications to the CIA 

Coordinator as specified at § 1900.03. 

Any requests for access to records 

which are not directed to the 

Information and Privacy Coordinator, in 

accordance with the requirements set 

forth in §§ 1900.03 and 1900.12, shall 

not be considered proper FOIA requests. 

(b) The CIA shall not accept a request 

for records under the FOIA that does not 

have a physical mailing address or 

email address where CIA can send a 

response or other correspondence 

related to the request. 

(c) The CIA shall not accept a request 

for records under the FOIA or an appeal 

of an adverse determination regarding a 

FOIA request submitted by a member of 

the public who owes outstanding fees 

for information services at this or other 

Federal agencies and will terminate the 

processing of any pending requests 

submitted by such persons to the CIA. 

(d) The CIA shall not accept requests 

for records under the FOIA submitted 

by any government entity, other than a 

State, territory, commonwealth, or 

district of the United States, or any 

subdivision thereof, or from any 

representative of such a government 

entity. 

§ 1900.12 Requirements as to form and 

content. 

(a) Required information. Requests 

must reasonably describe the records of 

interest sought by the requester, as set 

forth at 5 U.S.C. 552(a)(3). This means 

that documents must be described 

sufficiently so that Agency professionals 

who are familiar with the subject area of 

the request are able, with a reasonable 

effort, to determine which particular 

records are within the scope of the 

request. In order to assist CIA in 

identifying the specific records sought, 

all requesters are encouraged to be as 

specific as possible in describing the 

records they are seeking by including, 

for example, the relevant date or date 

range, the title of the record, the type of 

record (such as memorandum or report), 

the specific event or action to which the 

record refers, and the subject matter. 

Requests for electronic communications 

should attempt to specify a sender, 

recipient, date range, and subject or 

keyword. Extremely broad or vague 

requests or requests requiring research 

do not satisfy the requirement that a 

request be ‘‘reasonably described.’’ 

(b) Requirements as to identification 

of requester. (1) Individuals seeking 

access to records concerning themselves 

shall provide their full (legal) name, 

address, date and place of birth together 

with a signed statement that such 

information is true under penalty of 

perjury or a notarized statement 

swearing to or affirming identity. If the 

Agency determines that this information 

is not sufficient, the Agency may 

request additional or clarifying 

information. 

(2) Attorneys or other individuals 

retained to represent a requester shall 

provide evidence of such representation 


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by submission of a representational 

agreement or other document which 

establishes the relationship with the 

requester. 

(c) Additional information for fee 

determination. A requester should 

provide sufficient information to allow 

the Agency to determine the appropriate 

fee category for the request. A requester 

should also provide an agreement to pay 

all applicable fees or fees not to exceed 

a certain amount or request a fee waiver. 

(d) Additional communication with 

requester. Although the Agency is not 

required to answer questions, create 

records, or perform research in response 

to a FOIA request, when the request 

lacks sufficient clarity to allow the 

records to be located with a reasonable 

effort, the Agency will provide the 

requester with an opportunity to narrow 

or further define the nature or scope of 

the request. Additionally, individuals 

may contact the CIA FOIA Requester 

Service Center for the purpose of 

obtaining recommendations as to how to 

frame or narrow a particular request. 

§ 1900.13 Fees for record services. 

(a) In general. Search, review, and 

reproduction fees will be charged in 

accordance with the provisions in 

paragraphs (b) through (j) of this section 

relating to schedule, limitations, and 

category of requester. Applicable fees 

will be due even if our search locates no 

responsive records or some or all of the 

responsive records must be denied 

under one or more of the exemptions of 

the Freedom of Information Act. 

(b) Fee waiver requests. Records will 

be furnished without charge or at a 

reduced rate whenever the Agency 

determines: 

(1) That, as a matter of administrative 

discretion, the interest of the United 

States Government would be served; or 

(2) That it is in the public interest 

because it is likely to contribute 

significantly to the public 

understanding of the operations or 

activities of the United States 

Government and is not primarily in the 

commercial interest of the requester. 

(c) Fee waiver appeals. Denials of 

requests for fee waivers or reductions 

may be appealed to the Chair of the 

Agency Release Panel via the 

Coordinator. A requester is encouraged 

to provide any explanation or argument 

as to how his or her request satisfies the 

statutory requirement set forth in 

§ 1900.01. 

(d) Time for fee waiver requests and 

appeals. Fee waiver requests and 

appeals must be directed to the 

Coordinator in accordance with 

§§ 1900.03 and 1900.11. It is suggested 

that such requests and appeals be made 

and resolved prior to the initiation of 

processing and the incurring of costs. 

However, fee waiver requests will be 

accepted at any time prior to the release 

of documents or the completion of a 

case, and fee waiver appeals within 

forty-five (45) days of our initial 

decision subject to the following 

condition: If processing has been 

initiated, then the requester must agree 

to be responsible for costs in the event 

of an adverse administrative or judicial 

decision. When making fee waiver 

requests or appeals, no particular format 

is required other than a statement of the 

basis for the request or appeal. 

(e) Agreement to pay fees. In order to 

protect requesters from large and/or 

unanticipated charges, the Agency will 

request a specific commitment from the 

requester to pay applicable fees when 

the Agency it estimates that fees will 

exceed $100.00. The Agency will hold 

in abeyance for forty-five (45) days 

requests requiring such agreement and 

will thereafter deem the request closed 

in the absence of a response from the 

requester. This action, of course, would 

not prevent a requester from refiling the 

FOIA request with a fee commitment at 

a subsequent date. 

(f) Deposits. The Agency may require 

an advance deposit of up to 100 percent 

of the estimated fees when fees may 

exceed $250.00 and the requester has no 

history of payment, or when, for fees of 

any amount, there is evidence that the 

requester may not pay the fees which 

would be accrued by processing the 

request. The Agency will hold in 

abeyance for forty-five (45) days those 

requests where deposits have been 

requested and will thereafter deem the 

request closed in the absence of a 

response from the requester. 

(g) Schedule of fees—(1) In general. 

The schedule of fees for services 

performed in responding to requests for 

records is established as follows: 

TABLE 1 TO PARAGRAPH (g)(1) 

Personnel Search and Review 

Clerical/Technical ................................................................................................................................ Quarter hour ............................... $5.00 

Professional/Supervisory ..................................................................................................................... Quarter hour ............................... 10.00 

Manager/Senior Professional .............................................................................................................. Quarter hour ............................... 18.00 

Duplication 

Photocopy (b&w, standard, or legal) .................................................................................................. Per page .................................... 0.10 

Photocopy (color, standard, or legal) .................................................................................................. Per page .................................... 1.00 

Microfiche ............................................................................................................................................ Per frame ................................... 0.20 

CD (bulk recorded) .............................................................................................................................. Each ........................................... 10.00 

CD (recordable) ................................................................................................................................... Each ........................................... 20.00 

Pre-printed (if available) ...................................................................................................................... Per 100 pages ........................... 5.00 

Published (if available) ........................................................................................................................ Per item ...................................... NTIS 

(2) Application of schedule. Personnel 

search time includes time expended in 

either manual paper records searches, 

indices searches, review of computer 

search results for relevance, personal 

computer system searches, and various 

reproduction services. In any event 

where the actual cost to the Agency of 

a particular item is less than listed in 

the schedule in table 1 to paragraph 

(g)(1) of this section (e.g., a large 

production run of a document resulted 

in a cost less than $5.00 per hundred 

pages), then the actual lesser cost will 

be charged. Items published and 

available at the National Technical 

Information Service (NTIS) may also be 

available from CIA pursuant to this part 

at the NTIS price as authorized by 

statute. 

(3) Other services. For all other types 

of output, production, or reproduction 

(e.g., photographs, maps, or published 

reports), actual cost or amounts 

authorized by statute will be charged. 

Determinations of actual cost shall 

include the commercial cost of the 

media, the personnel time expended in 

making the item to be released, and an 

allocated cost of the equipment used in 


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making the item, or, if the production is 

effected by a commercial service, then 

that charge shall be deemed the actual 

cost for purposes of this part. 

(h) Charging fees. In responding to 

FOIA requests, CIA shall assess fees as 

follows unless a waiver or reduction of 

fees has been granted under paragraph 

(b) of this section: 

(1) Commercial use requesters. 

Charges which recover the full direct 

costs related to search, review, and 

duplication of responsive records (if 

any); 

(2) Educational or non-commercial 

scientific institutions, or representatives 

of the news media. Charges for 

duplication of responsive records (if 

any) beyond the first 100 pages; and 

(3) All other requesters. Charges 

which recover the full direct costs 

related to search and duplication of 

responsive records (if any) beyond the 

first two hours of search time and first 

100 pages. 

(i) Limitations on collection of fees— 

(1) In general. No fees will be charged 

if the cost of collecting the fee is equal 

to or greater than the fee itself. That cost 

includes the administrative costs to the 

Agency of billing, receiving, recording, 

and processing the fee for deposit to the 

Treasury Department and, as of 

[EFFECTIVE DATE OF FINAL RULE], is 

deemed to be $10.00. 

(2) Requests for personal information. 

No fees will be charged for U.S. citizens 

or lawful permanent residents seeking 

records about themselves under the 

Privacy Act; such requests are processed 

in accordance with both the FOIA and 

the Privacy Act in order to ensure the 

maximum disclosure without charge. 

(3) Untimely response. If CIA fails to 

comply with the FOIA’s time limits for 

responding to a request, CIA will not 

charge search fees or, in the case of 

requesters in the educational or noncommercial scientific institutions or 

representatives of the news media 

category, duplication fees, except as set 

forth in paragraph (i)(4) of this section. 

(4) Special circumstances. (i) If CIA 

determines that unusual circumstances 

as defined by the FOIA apply and the 

Agency has provided timely written 

notice to the requester, a failure to 

comply with the time limit shall be 

excused an additional ten (10) days. 

(ii) If CIA determines that unusual 

circumstances, as defined by the FOIA, 

apply and more than 5,000 pages are 

necessary to respond to the request, the 

Agency may charge search fees or, in the 

case of requesters in the educational or 

non-commercial scientific institutions 

or representatives of the news media 

category, duplication fees if the Agency 

has provided timely written notice of 

unusual circumstances to the requester 

in accordance with the FOIA and has 

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 the requirements of the 

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

exception is satisfied, CIA may charge 

all applicable fees incurred in the 

processing of the request. 

(iii) If a court determines that 

exceptional circumstances exists, as 

defined in the FOIA, 5 U.S.C. 

552(a)(6)(C), a failure to comply with 

the time limit shall be excused for the 

length of time provided by the court 

order. 

(j) Associated requests. A requester or 

associated requesters may not file a 

series of multiple requests, which are 

merely discrete subdivisions of the 

information actually sought for the 

purpose of avoiding or reducing 

applicable fees. In such instances, the 

Agency may aggregate the requests and 

charge the applicable fees. 

§ 1900.14 Fee estimates (pre-request 

option). 

In order to avoid unanticipated or 

potentially large fees, a requester may 

submit a request for a fee estimate. The 

Agency will endeavor within twenty 

(20) days to provide an accurate 

estimate, and, if a request is thereafter 

submitted, the Agency will not accrue 

or charge fees in excess of our estimate 

without the specific permission of the 

requester. 

CIA Action on FOIA Requests 

§ 1900.21 Processing of requests for 

records. 

(a) In general. Requests meeting the 

requirements of §§ 1900.11 through 

1900.13 shall be considered proper 

FOIA requests and will be processed 

under the Freedom of Information Act, 

5 U.S.C. 552, this part, and in 

accordance with any other applicable 

statutes. Upon receipt, the Agency shall 

within ten (10) days record each 

request, acknowledge receipt to the 

requester in writing, and thereafter 

effect the necessary taskings to the CIA 

components reasonably believed to hold 

responsive records. 

(b) Previously-released records. As an 

alternative to extensive tasking, search, 

and review, some requesters may wish 

to consider limiting the scope of their 

requests to previously-released records. 

Searches of such records can often be 

accomplished expeditiously. Moreover, 

requests for such records that are 

specific and well-focused will often 

incur minimal, if any, costs. Requesters 

interested in limiting their requests to 

previously released Agency information, 

in lieu of traditional processing of a 

FOIA request, should so indicate in 

their correspondence. 

(c) Effect of certain exemptions. In 

processing a request, the Agency shall 

decline to confirm or deny the existence 

or nonexistence of any responsive 

records whenever the mere fact of their 

existence or nonexistence is itself 

classified under Executive Order 13526 

(or successor orders), or revealing of 

intelligence sources and methods 

protected pursuant to section 102A(i)(1) 

of the National Security Act of 1947. In 

such circumstances, the Agency, in the 

form of a final written response, shall so 

inform the requester and advise the 

requester of the right to an 

administrative appeal. 

(d) Time for response. The Agency 

will make every effort to respond to a 

proper FOIA request within the 

statutory 20-day time period after 

receipt of the request. However, the 

current volume of requests routinely 

requires that the Agency seek additional 

time from a requester pursuant to 

§ 1900.33. 

§ 1900.22 Action and determination(s) by 

originator(s) or any interested party. 

(a) Initial action for access. (1) CIA 

components tasked pursuant to a FOIA 

request shall conduct a reasonable 

search of all relevant record systems 

within their areas of responsibility 

which have not been exempted from 

search, review, and disclosure under the 

FOIA by the CIA Information Act of 

1984 and which are reasonably likely to 

contain records responsive to the 

request. They shall: 

(i) Determine whether any responsive 

records exist; 

(ii) Determine whether, and to what 

extent, any FOIA exemptions, as set 

forth in 5 U.S.C. 552(b), apply to the 

responsive records; 

(iii) Review the exempt records to 

determine whether they contain any 

reasonably segregable, non-exempt 

material; 

(iv) Approve the disclosure of all nonexempt records, or portions of records, 

within their areas of responsibility; and 

(v) Forward to the Coordinator all 

records approved for release or 

necessary for coordination with or 

referral to another component or 

interested party. 

(2) In making the decisions discussed 

in paragraph (a)(1) of this section, the 

CIA component officers shall be guided 

by the applicable law as well as the 

procedures specified at §§ 1900.31 and 

1900.32 regarding confidential 

commercial or financial information and 


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personal information (about persons 

other than the requester). 

(b) Referrals and coordinations. As 

applicable, any CIA records containing 

information originated by other CIA 

components shall be forwarded to those 

entities for appropriate action in 

accordance with paragraph (a) of this 

section. Records originated by other 

Federal agencies or CIA records 

containing other Federal agency 

information shall be forwarded to such 

agencies for appropriate action in 

accordance with the applicable 

procedures of each agency. 

§ 1900.23 Payment of fees, notification of 

decision, and right of appeal. 

(a) Fees in general. Fees collected 

under this part do not accrue to the 

Central Intelligence Agency and shall be 

deposited immediately to the general 

account of the United States Treasury. 

(b) Notification of decision. Upon 

completion of all required review and 

the receipt of accrued fees (or promise 

to pay such fees), the Agency will 

promptly inform the requester of its 

determination regarding the request. 

With respect to any records that the 

Agency determines may be released, the 

Agency will provide copies. For any 

records or portions of records that the 

Agency determines must be denied, the 

Agency shall explain the reasons for the 

denial, identify the person(s) 

responsible for such decisions by name 

and title, and give notice of a right of 

administrative appeal. 

(c) Availability of reading room. As an 

alternative to receiving records by mail, 

a requester may arrange to inspect the 

records deemed releasable at a CIA 

‘‘reading room’’ in the metropolitan 

Washington, DC, area. Access will be 

granted after applicable and accrued 

fees have been paid. All such requests 

shall be in writing and addressed 

pursuant to § 1900.03. The records will 

be available at such times as mutually 

agreed but not less than three (3) days 

from our receipt of a request. The 

requester will be responsible for 

reproduction charges for any copies of 

records desired. The Agency has an 

electronic FOIA reading room on its 

website, located at www.cia.gov/ 

readingroom, which contains records 

that the Agency has previously publicly 

released under FOIA as well as under 

other information review and release 

activities. 

Additional Administrative Matters 

§ 1900.31 Procedures for business 

information. 

(a) In general. Business information 

obtained by the Central Intelligence 

Agency from a submitter shall not be 

disclosed pursuant to a Freedom of 

Information Act request except in 

accordance with this section. For 

purposes of this section, the following 

definitions apply: 

(1) Business information means 

confidential commercial or financial 

information obtained by the United 

States Government from a submitter that 

is reasonably believed to contain 

information exempt from disclosure 

under 5 U.S.C. 552(b)(4). 

(2) Submitter means any person or 

entity who provides confidential 

commercial information to the United 

States Government; it includes, but is 

not limited to, corporations, businesses 

(however organized), state governments, 

and foreign governments. This term 

does not include any other Federal 

Government entity. 

(b) Designation of confidential 

commercial or financial information. A 

submitter of business information will 

use good-faith efforts to designate, by 

appropriate markings, either at the time 

of submission or at a reasonable time 

thereafter, any portions of its 

submission that it considers to be 

confidential commercial or financial 

information and hence protected from 

required disclosure pursuant to 5 U.S.C. 

552(b)(4). Such designations shall 

expire ten (10) years after the date of the 

submission unless the submitter 

requests, and provides justification for, 

a longer designation period. 

(c) Process in event of FOIA request— 

(1) Notice to submitters. The Agency 

shall provide a submitter with prompt 

written notice of receipt of a Freedom of 

Information Act request encompassing 

business information if, after reviewing 

the request, the responsive records, and, 

if applicable, any appeal by the 

requester, the Agency determines that it 

may be required to release the records, 

provided: 

(i) The submitter has in good faith 

designated the information as 

confidential commercial or financial 

information; or 

(ii) The Agency believes the 

information may be exempt from 

disclosure pursuant to 5 U.S.C. 552(b), 

but is unable to make that determination 

without additional information; and 

(iii) The information was submitted 

within the last ten (10) years unless the 

submitter requested and provided 

acceptable justification for a specific 

notice period of greater duration. 

(2) Form of notice. This notice shall 

either describe the exact nature of the 

confidential commercial or financial 

information at issue or provide copies of 

the responsive records containing such 

information. 

(3) Response by submitter. (i) The 

Agency shall specify a reasonable time 

period within which the submitter must 

respond to the notice described in 

paragraphs (c)(1) and (2) of this section 

with a detailed statement identifying 

any claims of confidentiality, supported 

by a detailed statement of any objection 

to disclosure. Such statement shall: 

(A) Specify that the information has 

not been disclosed to the public; 

(B) Explain why the information is 

contended to be a trade secret or 

confidential commercial information; 

(C) Explain how the information is 

capable of competitive damage if 

disclosed; 

(D) State that the submitter will 

provide the Agency and the Department 

of Justice with such litigation defense as 

requested; and 

(E) Be certified by an officer 

authorized to legally bind the 

corporation or similar entity. 

(ii) It should be noted that 

information provided by a submitter 

pursuant to this provision may itself be 

subject to disclosure under the FOIA. 

(iii) A submitter who fails to respond 

within the time period specified in the 

notice shall be considered to have no 

objections to disclosure of the business 

information identified therein. 

(4) Decision and notice of intent to 

disclose. (i) The Agency shall consider 

carefully a submitter’s objections and 

specific grounds for nondisclosure prior 

to its final determination. If the Agency 

determines that if must disclose the 

requested records, notwithstanding the 

submitter’s objections, the Agency shall 

provide the submitter a written notice 

which shall include: 

(A) A statement of the reasons for 

which the submitter’s disclosure 

objections were not sustained; 

(B) A description of the information to 

be disclosed; and 

(C) A specified disclosure date which 

is seven (7) days after the date of the 

instant notice. 

(ii) When notice is given to a 

submitter under this section, the Agency 

shall also notify the requester and, if the 

Agency notifies a submitter that it 

intends to disclose information, then the 

requester shall be notified also and 

given the proposed date for disclosure. 

(5) Notice of FOIA lawsuit. If a 

requester initiates a civil action seeking 

to compel disclosure of information 

asserted to be within the scope of this 

section, the Agency shall promptly 

notify the submitter. The submitter, as 

specified in paragraph (a)(2) of this 

section, shall provide such litigation 

assistance as required by the Agency 

and the Department of Justice. 


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(6) Exceptions to notice requirement. 

The notice requirements of this section 

shall not apply if the Agency determines 

that: 

(i) The information should not be 

disclosed in light of other FOIA 

exemptions; 

(ii) The information has been 

published lawfully or has been officially 

made available to the public; 

(iii) The disclosure of the information 

is otherwise required by law or Federal 

regulation; or 

(iv) The designation made by the 

submitter under this section appears 

frivolous, except that, in such a case, the 

Agency will, within a reasonable time 

prior to the specified disclosure date, 

give the submitter written notice of any 

final decision to disclose the 

information. 

§ 1900.32 Procedures for information 

concerning other persons. 

(a) Personal information concerning 

individuals other than the requester 

shall not be disclosed in response to a 

FOIA request if, as set forth in 5 U.S.C. 

552(b)(6), the release of such 

information would constitute a clearly 

unwarranted invasion of personal 

privacy. Personal information is any 

information about an individual that is 

not a matter of public record, or easily 

discernible to the public, or protected 

from disclosure because of the 

implications that arise from Government 

possession of such information. Public 

interest means the public interest in 

understanding the operations and 

activities of the United States 

Government and not simply any matter 

which might be of general interest to the 

requester or members of the public. 

(b) In making the required 

determination under this section and 

pursuant to 5 U.S.C. 552(b)(6), the 

Agency will balance the privacy 

interests that would be compromised by 

disclosure against the public interest in 

release of the requested information. 

(c) A requester seeking information on 

a third party is encouraged to provide a 

signed affidavit or declaration from the 

third party waiving all or some of their 

privacy rights, or to submit proof that 

the third party is deceased (e.g., a copy 

of a death certificate, a published 

obituary, etc.). Third-party waivers shall 

be narrowly construed and the 

Coordinator, in the exercise of his 

discretion and administrative authority, 

may seek clarification from the third 

party prior to any or all releases. 

§ 1900.33 Allocation of resources; agreed 

extensions of time. 

(a) In general. Agency components 

shall devote such personnel and other 

resources to the responsibilities 

imposed by the Freedom of Information 

Act as may be appropriate and 

reasonable considering: 

(1) The totality of resources available 

to the component; 

(2) The business demands imposed on 

the component by the DCIA or 

otherwise by law; 

(3) The information review and 

release demands imposed by the 

Congress or other governmental 

authority; and 

(4) The rights of all members of the 

public under the various information 

review and disclosure laws. 

(b) Discharge of FOIA 

responsibilities—(1) Chief FOIA Officer. 

The Chief FOIA Officer shall monitor 

the Agency’s compliance with the 

requirements of the FOIA and 

administration of its FOIA program. The 

Chief FOIA Officer shall keep the DCIA, 

the General Counsel of the CIA, and 

other officials appropriately informed 

regarding the Agency’s implementation 

of the FOIA and make 

recommendations, as appropriate. The 

Chief FOIA Officer shall designate one 

or more CIA FOIA Public Liaisons. The 

CIA FOIA Public Liaison shall be 

responsible for assisting in reducing 

delays and assisting in the resolution of 

disputes between requesters and the 

Agency. 

(2) Multi-track processing. The 

Agency shall exercise due diligence in 

its responsibilities under the FOIA. The 

Agency shall designate a specific track 

for requests that are granted expedited 

processing, as set forth in § 1900.34. In 

addition, although the Agency will 

generally process requests and 

administrative appeals on a ‘‘first in, 

first out’’ basis, based upon a reasonable 

allocation of available resources, the 

Agency may designate additional 

processing queues that distinguish 

between simple and more complex 

requests based on the estimated amount 

of time or work needed to complete the 

processing of the request. The Agency 

may provide requesters in a slower 

queue an opportunity to limit the scope 

of their request in order to qualify for 

faster processing. 

(c) Requests for extension of time. 

When the Agency is unable to meet the 

statutory time requirements of the FOIA 

due to unusual circumstances, as 

defined in the FOIA, and the Agency 

extends the time limit on that basis, the 

Agency shall, before the expiration of 

the 20-day time limit to respond, notify 

the requester in writing of the unusual 

circumstances involved and of an 

estimated date by which processing of 

the request is expected to be completed. 

When the extension exceeds 10 days, 

the Agency shall, as described in the 

FOIA, provide the requester with an 

opportunity to modify the scope of the 

request or arrange an alternative time 

period for processing the original or 

modified request. CIA’s FOIA Requester 

Service Center or the CIA FOIA Public 

Liaison are available to assist in this 

process. 

§ 1900.34 Requests for expedited 

processing. 

(a) Expedited processing requests. 

Requests for expedited processing shall 

be submitted to the Coordinator in 

accordance with §§ 1900.03, 1900.11, 

and 1900.12. Such requests will be 

approved only when a compelling need 

is established to the satisfaction of the 

Agency. Within ten (10) days of receipt 

of a request for expedited processing, 

the Agency will decide whether to grant 

expedited processing and will notify the 

requester of its decision. A compelling 

need is deemed to exist: 

(1) When the matter involves an 

imminent threat to the life or physical 

safety of an individual; or 

(2) When the request is made by a 

person primarily engaged in 

disseminating information and the 

information is relevant to a subject of 

public urgency concerning an actual or 

alleged Federal Government activity. 

(b) Expedited processing appeals. 

Denials of requests for expedited 

processing may be appealed to the CIA’s 

Agency Release Panel via the 

Coordinator and shall be acted upon 

expeditiously. 

CIA Action on FOIA Administrative 

Appeals 

§ 1900.41 Designation of authority to hear 

appeals. 

(a) Agency Release Panel (ARP). 

Appeals of initial adverse decisions 

under the FOIA shall be reviewed by the 

ARP which shall issue the final Agency 

decision. 

(b) ARP membership. The ARP is 

chaired by the Director, Advanced Data 

Lifecycle Solutions (ADLS) (or the 

Deputy Director, ADLS, acting on the 

Director’s behalf), and is composed of 

the Information Review Officers from 

the various Directorates, a voting 

representative of the Office of General 

Counsel, as well as the representatives 

of the various CIA release programs and 

offices. The Information and Privacy 

Coordinator also serves as Executive 

Secretary of the ARP. The Chair may 

request interested parties to participate 

when special equities or expertise are 

involved. 


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§ 1900.42 Right of appeal and appeal 

procedures. 

(a) Right of appeal. A right of 

administrative appeal exists whenever 

access to any requested record or any 

portion thereof is denied, or no records 

are located in response to a request. In 

addition, requesters may appeal denials 

of requests for expedited processing and 

fee waivers, as well as the adequacy of 

a search for records responsive to a 

request. The Agency will apprise all 

requesters in writing of their right to file 

an administrative appeal to the ARP 

through the Coordinator. 

(b) Requirements as to time and form. 

Appeals of decisions must be received 

by the Coordinator within ninety (90) 

days of the date of the Agency’s initial 

decision. The Agency may, for good 

cause and as a matter of administrative 

discretion, permit an additional thirty 

(30) days for the submission of an 

appeal. All appeals shall be in writing 

and addressed as specified in § 1900.03. 

All appeals must identify the 

documents or portions of documents at 

issue with specificity and may present 

such information, data, and argument in 

support as the requester may desire. 

(c) Exceptions. No appeal shall be 

accepted if the requester has 

outstanding fees for information 

services at this or another Federal 

agency. 

(d) Receipt, recording, and tasking. 

The Agency shall promptly record each 

request received under this part, 

acknowledge receipt to the requester in 

writing, and thereafter effect the 

necessary taskings to the relevant 

components for appropriate action. 

(e) Time for response. The Agency 

shall attempt to complete action on an 

appeal within twenty (20) days of the 

date of receipt, except for appeals of 

denial of expedited processing, for 

which the Agency shall attempt to 

complete action within ten (10) business 

days of the date of receipt. The current 

volume of requests, however, often 

requires that the Agency request 

additional time from the requester 

pursuant to § 1900.33. In such event, the 

Agency will inform the requester of the 

right to judicial review. 

§ 1900.43 [Reserved] 

§ 1900.44 Action by appeals authority. 

(a) The Coordinator, acting in the 

capacity of Executive Secretary of the 

ARP, shall place administrative appeals 

of FOIA requests ready for adjudication 

on the agenda at the next occurring 

meeting of that Panel. The Executive 

Secretary shall provide the ARP 

membership with a summary of the 

request and issues raised on appeal for 

the Panel’s consideration, and make 

available to the Panel the complete 

administrative record of the request 

consisting of the request, the 

document(s) at issue (in redacted and 

full-text form), if any, and the findings 

and recommendations of the relevant 

components. 

(b) The ARP shall determine whether 

an appeal before the Panel is 

meritorious. The ARP may take action 

when a simple majority of the total 

membership is present. Issues shall be 

decided by a majority of the members 

present. In all cases of a divided vote, 

before the decision of the ARP becomes 

final, any member of the ARP may by 

written memorandum to the Executive 

Secretary of the ARP, refer such matters 

to the CIA Chief Data Officer (CDO) for 

resolution. In the event of a 

disagreement with any decision by the 

CDO, Directorate or Independent Office 

heads may appeal to the CIA Chief 

Operating Officer (COO) for a final 

Agency decision. The final Agency 

decision shall reflect the vote of the 

ARP, unless the CDO or COO disagrees 

with the ARP and makes a superseding 

final Agency decision. 

(c) Appeals of denials of requests for 

fee waivers or reductions and/or denial 

of requests for expedited processing 

shall go directly from the Coordinator to 

the Agency Release Panel for a final 

Agency determination. 

§ 1900.45 Notification of decision and right 

of judicial review. 

The Executive Secretary of the ARP 

shall promptly prepare and 

communicate the final Agency decision 

to the requester. With respect to any 

adverse Agency determination, that 

correspondence shall state the reasons 

for the decision, and include a notice of 

a right to judicial review. 

Dated: June 13, 2022. 

Brian C. O’Neill, 

Director, Advanced Data Lifecycle Solutions. 

[FR Doc. 2022–13361 Filed 6–30–22; 8:45 am] 

BILLING CODE 6310–02–P 

DEPARTMENT OF TRANSPORTATION 

National Highway Traffic Safety 

Administration 

49 CFR Part 531 

[NHTSA–2022–0048] 

RIN 2127–AM29 

Exemptions From Average Fuel 

Economy Standards; Passenger 

Automobile Average Fuel Economy 

Standards 

AGENCY: National Highway Traffic 

Safety Administration (NHTSA), 

Department of Transportation (DOT). 

ACTION: Proposed rule; proposed 

decision to grant exemption. 

SUMMARY: This proposed decision 

responds to petitions filed by several 

low volume manufacturers requesting 

exemption from the generally applicable 

corporate average fuel economy (CAFE) 

standards for several model years (MYs). 

The low volume manufacturers and 

MYs are as follows: Aston Martin 

Lagonda Limited for MYs 2008–2023, 

Ferrari N.V. for MYs 2016–2018 and 

2020, Koenigsegg Automotive AB for 

MYs 2015 and 2018–2023, McLaren 

Automotive for MYs 2012–2023, 

Mobility Ventures LLC for MYs 2014– 

2016, Pagani Automobili S.p.A for MYs 

2014 and 2016–2023, and Spyker 

Automobielen B.V. for MYs 2008–2010. 

NHTSA proposes to exempt these 

manufacturers from the generally 

applicable CAFE standards for the 

model years listed and establish 

alternative standards for each individual 

manufacturer at the levels outlined 

below. 

DATES: Comments are requested on or 

before August 1, 2022. 

ADDRESSES: You may send comments, 

identified by Docket No. NHTSA–2022– 

0048, by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for sending comments. 

• Fax: (202) 493–2251. 

• Mail: Docket Management Facility, 

M–30, U.S. Department of 

Transportation, West Building, Ground 

Floor, Rm. W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590. 

• Hand Delivery: Docket Management 

Facility, M–30, U.S. Department of 

Transportation, West Building, Ground 

Floor, Rm. W12–140, 1200 New Jersey 

Avenue SE, Washington, DC 20590, 

between 9 a.m. and 4 p.m. Eastern Time, 

Monday through Friday, except Federal 

holidays. 

Instructions: All submissions received 

must include the agency name and 


khammond on DSKJM1Z7X2PROD with PROPOSALS