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SUBCHAPTER A—TRANSITION RULES AND REGULATIONS 

[RESERVED] 

SUBCHAPTER B—GENERAL PROVISIONS 

PART 2411—AVAILABILITY OF 

OFFICIAL INFORMATION 

Sec. 

2411.1 Purpose. 

2411.2 Scope. 

2411.3 Delegation of authority. 

2411.4 Information policy. 

2411.5 Procedure for obtaining information. 

2411.6 Identification of information requested. 

2411.7 Format of disclosure. 

2411.8 Time limits for processing requests. 

2411.9 Business information. 

2411.10 Appeal from denial of request. 

2411.11 Modification of time limits. 

2411.12 Effect of failure to meet time limits. 

2411.13 Fees. 

2411.14 Record retention and preservation. 

2411.15 Annual report. 

AUTHORITY: 5 U.S.C. 552, as amended and 

OPEN Government Act of 2007, Pub. L. 110– 

175, 121 Stat. 2524; E.O. 13392 (Dec. 14, 2005); 

and E.O. 12600 (June 23, 1987). 

SOURCE: 74 FR 50674, Oct. 1, 2009, unless 

otherwise noted. 

§ 2411.1 Purpose. 

This part contains the regulations of 

the Federal Labor Relations Authority 

(Authority), the General Counsel of the 

Federal Labor Relations Authority 

(General Counsel), the Federal Service 

Impasses Panel (Panel) and the Inspector General of the Federal Labor Relations Authority (IG) providing for public access to information from the Authority, the General Counsel, the Panel 

or the IG. These regulations implement 

the Freedom of Information Act, as 

amended, 5 U.S.C. 552, and the policy of 

the Authority, the General Counsel, 

the Panel and the IG to disseminate information on matters of interest to the 

public and to disclose to members of 

the public on request such information 

contained in records insofar as is compatible with the discharge of their responsibilities, consistent with applicable law. 

§ 2411.2 Scope. 

(a) For the purpose of this part, the 

term record and any other term used in 

reference to information includes any 

information that would be subject to 

the requirements of 5 U.S.C. 552 when 

maintained by the Authority, the General Counsel, the Panel or the IG in 

any format including an electronic format. All written requests for information from the public that are not processed under part 2412 of this chapter 

will be processed under this part. The 

Authority, the General Counsel, the 

Panel and the IG may continue, regardless of this part, to furnish the public 

with the information it has furnished 

in the regular course of performing its 

official duties, unless furnishing the information would violate the Privacy 

Act of 1974, 5 U.S.C. 552a, or another 

law. 

(b) When the subject of a record, or 

the subject’s representative, requests 

the record from a Privacy Act system 

of records, as that term is defined by 5 

U.S.C. 552a(a)(5), and the Authority retrieves the record by the subject’s 

name or other personal identifier, the 

Authority will handle the request 

under the procedures and subject to the 

fees set out in part 2412. When a third 

party requests access to those records, 

without the written consent of the subject of the record, the Authority will 

process the request under this part. 

(c) Nothing in 5 U.S.C. 552 or this 

part requires that the Authority, the 

General Counsel, the Panel or the IG, 

as appropriate, create a new record in 

order to respond to a request for the 

records. 

§ 2411.3 Delegation of authority. 

(a) Chief FOIA Officer. The Chairman 

of the Federal Labor Relations Authority designates the Chief FOIA Officer 

who has agency-wide responsibility for 

the efficient and appropriate compliance with the FOIA. The Chief FOIA 

Officer monitors the implementation of 

the FOIA throughout the agency. 

(b) Authority/General Counsel/Panel/IG. 

Regional Directors of the Authority, 

the Freedom of Information Officer of 

the Office of the General Counsel, 


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§ 2411.4 5 CFR Ch. XIV (1–1–10 Edition) 

Washington, DC, the Solicitor of the 

Authority, the Executive Director of 

the Panel and the IG are delegated the 

exclusive authority to act upon all requests for information, documents and 

records which are received from any 

person or organization under §2411.5(a) 

and (b). 

(c) FOIA Public Liaison(s). The Chief 

FOIA Officer shall designate the FOIA 

Public Liaison(s), who shall serve as 

the supervisory official(s) to whom a 

FOIA requester can raise concerns 

about the service the FOIA requester 

has received following an initial response. 

§ 2411.4 Information policy. 

(a) Authority/General Counsel/Panel/IG. 

(1) It is the policy of the Authority, the 

General Counsel, the Panel and IG to 

make available for public inspection 

and copying (unless they are published 

and copies are offered for sale): 

(i) Final decisions and orders of the 

Authority and administrative rulings 

of the General Counsel; and procedural 

determinations, final decisions and orders of the Panel; and factfinding and 

arbitration reports; and reports and executive summaries of the IG; 

(ii) Statements of policy and interpretations which have been adopted by 

the Authority, the General Counsel, 

the Panel or the IG and are not published in the FEDERAL REGISTER; 

(iii) Administrative staff manuals 

and instructions to staff that affect a 

member of the public (except those establishing internal operating rules, 

guidelines, and procedures for the investigation, trial, and settlement of 

cases); 

(iv) Copies of all records, regardless 

of form or format, which have been released to any person under 5 U.S.C. 

552(a)(3) and which, because of the nature of their subject matter, the Authority, the General Counsel, the Panel 

or the IG determines have become or 

are likely to become the subject of subsequent requests for substantially the 

same records; and 

(v) A general index of the records referred to in paragraphs (a)(1)(i) through 

(iv) of this section. 

(2) It is the policy of the Authority, 

the General Counsel, the Panel and the 

IG to make promptly available for public inspection and copying, upon request by any person, other records 

where the request reasonably describes 

such records and otherwise conforms to 

the procedures of this part. 

(b) Records availability. (1) Any person 

may examine and copy items in paragraphs (a)(1)(i) through (iv) of this section, at each regional office of the Authority and at the offices of the Authority, the General Counsel, the Panel 

and the IG, respectively, in Washington, DC, under conditions prescribed 

by the Authority, the General Counsel, 

the Panel and the IG, respectively, and 

at reasonable times during normal 

working hours so long as it does not 

interfere with the efficient operations 

of the Authority, the General Counsel, 

the Panel and the IG. To the extent required to prevent a clearly unwarranted invasion of personal privacy, 

identifying details may be deleted and, 

in each case, the justification for the 

deletion shall be fully explained in 

writing. On the released portion of the 

record, the amount of information deleted, and the exemption under which 

the deletion is made, shall be indicated 

unless an interest protected by the exemption would be harmed. 

(2) All records covered by this section 

are available through the Internet/ 

World Wide-Web site (http:// 

www.flra.gov/foia/readinglroom.html). 

The Web site containing these records 

may also be accessed from a computer 

terminal located in the library at 

FLRA headquarters at 1400 K Street, 

NW., Washington, DC. Requests to use 

this terminal to access the FLRA’s 

electronic Reading Room should be 

submitted to the FLRA’s Office of the 

Solicitor (mail: Office of the Solicitor, 

FLRA, 1400 K Street, NW., Washington, 

DC 20424; telephone: 202–218–7770; email: solmail@flra.gov); or from computer terminals located in the FLRA 

regional offices. A listing of these offices, including appropriate information for requesting the use of the terminal, is provided at http:// 

www.flra.gov/foia/contacts.html. 

(c) The Authority, the General Counsel, the Panel and the IG shall maintain and make available for public inspection and copying the current indexes and supplements to the records 

which are required by 5 U.S.C. 552(a)(2) 


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Federal Labor Relations Authority § 2411.5 

and, as appropriate, a record of the 

final votes of each member of the Authority and of the Panel in every agency proceeding. Any person may examine and copy such document or record 

of the Authority, the General Counsel, 

the Panel or the IG at the offices of either the Authority, the General Counsel, the Panel or the IG, as appropriate, 

in Washington, DC, under conditions 

prescribed by the Authority, the General Counsel, the Panel or the IG at 

reasonable times during normal working hours so long as it does not interfere with the efficient operations of either the Authority, the General Counsel, the Panel or the IG. 

(d) All agency records, except those 

exempt from mandatory disclosure by 

one or more provisions of 5 U.S.C. 

552(b), will be made promptly available 

to any person submitting a written request in accordance with the procedures of this part. 

(e)(1) The formal documents constituting the record in a case or proceeding are matters of official record 

and, until destroyed pursuant to applicable statutory authority, are available to the public for inspection and 

copying at the appropriate regional office of the Authority, or the offices of 

the Authority, the General Counsel, 

the Panel or the IG in Washington, DC, 

as appropriate, under conditions prescribed by the Authority, the General 

Counsel or the Panel at reasonable 

times during normal working hours so 

long as it does not interfere with the 

efficient operations of the Authority, 

the General Counsel, the Panel, or the 

IG. 

(2) The Authority, the General Counsel, the Panel or the IG, as appropriate, 

shall certify copies of the formal documents upon request made a reasonable 

time in advance of need and payment 

of lawfully prescribed costs. 

(f)(1) Copies of forms prescribed by 

the General Counsel for the filing of 

charges and petitions may be obtained 

without charge from any regional office of the Authority or on the 

Authority’s Web site at: http:// 

www.flra.gov/forms/forms.html#gc. 

(2) Copies of forms prescribed by the 

Panel for the filing of requests may be 

obtained without charge from the Panel’s offices in Washington, DC or on the 

Authority’s Web site at: http:// 

www.flra.gov/forms/flral14.pdf. 

§ 2411.5 Procedure for obtaining information. 

(a) Authority/General Counsel/Panel/IG. 

Any person who desires to inspect or 

copy any records, documents or other 

information of the Authority, the General Counsel, the Panel or the IG, covered by this part, other than those 

specified in paragraphs (a)(1) and (c) of 

§2411.4, shall submit a written, 

facsimiled, or e-mail request (see office 

and e-mail addresses listed at http:// 

www.flra.gov/foia/contacts.html) to that 

effect as follows: 

(1) If the request is for records, documents or other information in a regional office of the Authority, it should 

be made to the appropriate Regional 

Director; 

(2) If the request is for records, documents or other information in the Office of the General Counsel and located 

in Washington, DC, it should be made 

to the Freedom of Information Officer, 

Office of the General Counsel, Washington, DC; 

(3) If the request is for records, documents or other information in the offices of the Authority in Washington, 

DC, it should be made to the Solicitor 

of the Authority, Washington, DC; 

(4) If the request is for records, documents or other information in the offices of the Panel in Washington, DC, it 

should be made to the Executive Director, Federal Service Impasses Panel, 

Washington, DC; and 

(5) If the request is for records, documents or other information in the offices of the IG in Washington, DC, it 

should be made to the Inspector General, Washington, DC. 

(b) Each request under this part 

should be clearly and prominently 

identified as a request for information 

under the Freedom of Information Act 

and, if submitted by mail or otherwise 

submitted in an envelope or other 

cover, should be clearly identified as 

such on the envelope or other cover. A 

request shall be considered an agreement by the requester to pay all applicable fees charged under §2411.13, up to 

$25.00, unless the requester seeks a 


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§ 2411.6 5 CFR Ch. XIV (1–1–10 Edition) 

waiver of fees. The component responsible for responding to the request ordinarily will confirm this agreement in 

an acknowledgment letter. When making a request, the requester may specify a willingness to pay a greater or 

lesser amount. Fee charges will be assessed for the full allowable direct 

costs of document search, review, and 

duplicating, as appropriate, in accordance with §2411.13. If a request does not 

comply with the provisions of this 

paragraph, it shall not be deemed received by the appropriate Regional Director, the Freedom of Information Officer of the General Counsel, the Solicitor of the Authority, the Executive 

Director of the Panel, or the IG, as appropriate. A list of the office and email addresses is in Appendix A to 5 

CFR Chapter XIV and on the Federal 

Labor Relations Authority’s World 

Wide Web site at http://www.flra.gov/ 

foia/contacts.html. 

§ 2411.6 Identification of information 

requested. 

(a) Each request under this part shall 

reasonably describe the records being 

sought in a way that they can be identified and located. A request shall be 

legible and include all pertinent details 

that will help identify the records 

sought. 

(b) If the description does not meet 

the requirements of paragraph (a) of 

this section, the officer processing the 

request shall so notify the person making the request and indicate the additional information needed. Every reasonable effort shall be made to assist in 

the identification and location of the 

record sought. 

(c) Upon receipt of a request for 

records, the appropriate Regional Director, the Freedom of Information Officer of the General Counsel, the Solicitor of the Authority, the Executive 

Director of the Panel, or the IG, as appropriate, shall enter it in a public log. 

The log shall state the date and time 

received, the name and address of the 

person making the request, the nature 

of the records requested, the action 

taken on the request, the date of the 

determination letter sent pursuant to 

paragraphs (b) and (c) of §2411.8, the 

date(s) any records are subsequently 

furnished, the number of staff-hours 

and grade levels of persons who spent 

time responding to the request, and the 

payment requested and received. 

§ 2411.7 Format of disclosure. 

(a) After a determination has been 

made to grant a request in whole or in 

part, the appropriate Regional Director, the Freedom of Information Officer of the General Counsel, the Solicitor of the Authority, the Executive 

Director of the Panel or the IG, as appropriate, will notify the requester in 

writing. The notice will describe the 

manner in which the record will be disclosed. The appropriate Regional Director, the Freedom of Information Officer of the General Counsel, the Solicitor of the Authority, the Executive 

Director of the Panel or the IG, as appropriate, will provide the record in 

the form or format requested if the 

record is readily reproducible in that 

form or format, provided the requester 

has agreed to pay and/or has paid any 

fees required by §2411.13 of this part. 

The appropriate Regional Director, the 

Freedom of Information Officer of the 

General Counsel, the Solicitor of the 

Authority, the Executive Director of 

the Panel, or the IG, as appropriate, 

will determine on a case-by-case basis 

what constitutes a readily reproducible 

format. These offices will make a reasonable effort to maintain their 

records in commonly reproducible 

forms or formats. 

(b) Alternatively, the appropriate Regional Director, the Freedom of Information Officer of the General Counsel, 

the Solicitor of the Authority, the Executive Director of the Panel, or the 

IG, as appropriate, may make a copy of 

the releasable portions of the record 

available to the requester for inspection at a reasonable time and place. 

The procedure for such an inspection 

will not unreasonably disrupt the operations of the office. 

§ 2411.8 Time limits for processing requests. 

(a) The 20-day period (excepting Saturdays, Sundays, and legal public holidays), established in this section, shall 


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Federal Labor Relations Authority § 2411.8 

commence on the date on which the request is first received by the appropriate component of the agency (Regional Director, the Freedom of Information Officer of the Office of the General Counsel, the Solicitor of the Authority, the Executive Director of the 

Panel, or the IG of the Authority), but 

in any event not later than ten days 

after the request is first received by 

any Authority component responsible 

for receiving FOIA requests under part 

2411. The 20-day period does not run 

when— 

(1) The agency component makes one 

request to the requester for information and is awaiting such information 

that it has reasonably requested from 

the requester; or 

(2) It is necessary to clarify with the 

requester issues regarding fee assessment. 

(3) The agency component’s receipt of 

the requested information or clarification triggers the commencement of the 

20-day period. 

(b) A request for records shall be 

logged in by the appropriate Regional 

Director, the Freedom of Information 

Officer of the General Counsel, the Solicitor of the Authority, the Executive 

Director of the Panel or the IG, as appropriate, pursuant to §2411.6(c). All requesters must reasonably describe the 

records sought. An oral request for 

records shall not begin any time requirement. A written request for 

records sent to other than the appropriate officer will be forwarded to that 

officer by the receiving officer, but in 

that event the applicable time limit for 

response shall begin as set forth in 

paragraph (a) of this section. 

(c) Except as provided in §2411.11, the 

appropriate Regional Director, the 

Freedom of Information Officer of the 

General Counsel, the Solicitor of the 

Authority, the Executive Director of 

the Panel, or the IG, as appropriate, 

shall, within twenty (20) working days 

following receipt of the request, as provided by paragraph (a) of this section, 

respond in writing to the requester, determining whether, or the extent to 

which, the request shall be complied 

with. 

(1) If all the records requested have 

been located and a final determination 

has been made with respect to disclosure of all of the records requested, the 

response shall so state. 

(2) If all of the records have not been 

located or a final determination has 

not been made with respect to disclosure of all the records requested, the 

response shall state the extent to 

which the records involved shall be disclosed pursuant to the rules established in this part. 

(3) If the request is expected to involve allowed charges in excess of 

$250.00, the response shall specify or estimate the fee involved and shall require prepayment of any charges in accordance with the provisions of paragraph (g) of §2411.13 before the request 

is processed further. 

(4) Whenever possible, subject to the 

provisions of paragraph (g) of §2411.13, 

the response relating to a request for 

records that involves a fee of less than 

$250.00 shall be accompanied by the requested records. Where this is not possible, the records shall be forwarded as 

soon as possible thereafter, consistent 

with other obligations of the Authority, the General Counsel, the Panel, or 

the IG. 

(5) Search fees shall not be assessed 

requesters (or duplication fees in the 

case of an educational or noncommercial scientific institution, whose purpose is scholarly or scientific research; 

or a representative of the news media 

requester, as defined by §2411.13(a)(8)), 

under this subparagraph if an agency 

component fails to make a final determination with respect to disclosure of 

all records requested as described 

under subparagraph (c)(1) of this section within any time limit under paragraph (a) of this section, if no unusual 

or exceptional circumstances (as those 

terms are defined for purposes of 

§2411.11(a)) apply to the processing of 

the request. 

(d) If a request will take longer than 

ten days to process: 

(1) An individualized tracking number will be assigned to the request and 

provided to the requester; and 

(2) Using the tracking number, the 

requester can find, by calling (202) 218– 

7770 or linking to http://www.flra.gov/ 

foia/foialmain.html, status information 

about the request including: 

(i) The date on which the agency 

originally received the request; and 


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§ 2411.9 5 CFR Ch. XIV (1–1–10 Edition) 

(ii) An estimated date on which the 

agency will complete action on the request. 

(e) If any request for records is denied in whole or in part, the response 

required by paragraph (c) of this section shall notify the requester of the 

denial. Such denial shall specify the 

reason therefore, set forth the name 

and title or position of the person responsible for the denial, and notify the 

person making the request of the right 

to appeal the denial under the provisions of §2411.10. 

§ 2411.9 Business information. 

(a) In general. Business information 

obtained by the Authority from a submitter will be disclosed under the FOIA 

only under this section. 

(b) Definitions. For purposes of this 

section: 

(1) Business information means commercial or financial information obtained by the Authority from a submitter that may be protected from disclosure under Exemption 4 of the FOIA. 

(2) Submitter means any person or 

entity from whom the Authority obtains business information, directly or 

indirectly. The term includes corporations; State, local, and Tribal governments; and foreign governments. 

(c) Designation of business 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 protected from disclosure under Exemption 4. These designations will expire 

ten years after the date of the submission unless the submitter requests, and 

provides justification for, a longer designation period. 

(d) Notice to submitters. The Authority 

shall provide a submitter with prompt 

written notice of a FOIA request or administrative appeal that seeks its business information wherever required 

under paragraph (e) of this section, except as provided in paragraph (h) of 

this section, in order to give the submitter an opportunity to object to disclosure of any specified portion of that 

information under paragraph (f) of this 

section. The notice shall either describe the business information requested or include copies of the requested records or record portions containing the information. When notification of a voluminous number of submitters is required, notification may 

be made by posting or publishing the 

notice in a place reasonably likely to 

accomplish it. 

(e) Where notice is required. Notice 

shall be given to a submitter wherever: 

(1) The information has been designated in good faith by the submitter 

as information considered protected 

from disclosure under Exemption 4; or 

(2) The Authority has reason to believe that the information may be protected from disclosure under Exemption 4. 

(f) Opportunity to object to disclosure. 

The Authority will allow a submitter a 

reasonable time to respond to the notice described in paragraph (d) of this 

section and will specify that time period within the notice. If a submitter 

has any objection to disclosure, it is required to submit a detailed written 

statement. The statement must specify 

all grounds for withholding any portion 

of the information under any exemption of the FOIA and, in the case of Exemption 4, it must show why the information is a trade secret or commercial 

or financial information that is privileged or confidential. In the event that 

a submitter fails to respond to the notice within the time specified in it, the 

submitter will be considered to have no 

objection to disclosure of the information. Information provided by the submitter that is not received by the Authority until after its disclosure decision has been made shall not be considered by the Authority. Information 

provided by a submitter under this 

paragraph may itself be subject to disclosure under the FOIA. 

(g) Notice of intent to disclose. The Authority shall consider a submitter’s objections and specific grounds for nondisclosure in deciding whether to disclose business information. Whenever 

the Authority decides to disclose business information over the objection of 

a submitter, the Authority shall give 

the submitter written notice, which 

shall include: 

(1) A statement of the reason(s) why 

each of the submitter’s disclosure objections were not sustained; 


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Federal Labor Relations Authority § 2411.10 

(2) A description of the business information to be disclosed; and 

(3) A specified disclosure date, which 

shall be a reasonable time subsequent 

to the notice. 

(h) Exceptions to notice requirements. 

The notice requirements of paragraphs 

(d) and (g) of this section shall not 

apply if: 

(1) The Authority determines that 

the information should not be disclosed; 

(2) The information lawfully has been 

published or has been officially made 

available to the public; 

(3) Disclosure of the information is 

required by statute (other than the 

FOIA) or by a regulation issued in accordance with the requirements of Executive Order 12600 (3 CFR, 1988 Comp., 

p. 235); or 

(4) The designation made by the submitter under paragraph (c) of this section appears obviously frivolous—except that, in such a case, the Authority 

shall, within a reasonable time prior to 

a specified disclosure date, give the 

submitter written notice of any final 

decision to disclose the information. 

(i) Notice of FOIA lawsuit. Whenever a 

requester files a lawsuit seeking to 

compel the disclosure of business information, the Authority shall promptly 

notify the submitter. 

(j) Corresponding notice to requesters. 

Whenever the Authority provides a 

submitter with notice and an opportunity to object to disclosure under 

paragraph (d) of this section, the Authority shall also notify the requester(s). Whenever the Authority notifies a submitter of its intent to disclose requested information under 

paragraph (g) of this section, the Authority shall also notify the requester(s). Whenever a submitter files 

a lawsuit seeking to prevent the disclosure of business information, the Authority shall notify the requester(s). 

§ 2411.10 Appeal from denial of request. 

(a) Authority/General Counsel/Panel/IG. 

(1) Whenever any request for records is 

denied, a written appeal may be filed 

within thirty (30) days after the requester receives notification that the 

request has been denied or after the requester receives any records being 

made available, in the event of partial 

denial. 

(i) If the denial was made by a Regional Director or by the Freedom of 

Information Officer of the General 

Counsel, the appeal shall be filed with 

the General Counsel in Washington, 

DC. 

(ii) If the denial was made by the Executive Director of the Panel, the appeal shall be filed with the Chairman of 

the Panel. 

(iii) If the denial was made by the Solicitor or the IG, the appeal shall be 

filed with the Chairman of the Authority in Washington, DC. 

(2) The Chairman of the Authority, 

the Chairman of the Panel or the General Counsel, as appropriate, shall, 

within twenty (20) working days (excepting Saturdays, Sundays, and legal 

public holidays) from the time of receipt of the appeal, except as provided 

in §2411.11, make a determination on 

the appeal and respond in writing to 

the requester, determining whether, or 

the extent to which, the request shall 

be granted. 

(i) If the determination is to grant 

the request and the request is expected 

to involve an assessed fee in excess of 

$250.00, the determination shall specify 

or estimate the fee involved and shall 

require prepayment of any charges due 

in accordance with the provisions of 

paragraph (a) of §2411.13 before the 

records are made available. 

(ii) Whenever possible, the determination relating to a request for 

records that involves a fee of less than 

$250.00 shall be accompanied by the requested records when there is no history of the requester having previously 

failed to pay fees in a timely manner. 

Where this is not possible, the records 

shall be forwarded as soon as possible 

thereafter, consistent with other obligations of the Authority, the Panel, 

the General Counsel or IG. 

(b) If on appeal the denial of the request for records is upheld in whole or 

in part by the Chairman of the Authority, the General Counsel, or the Chairman of the Panel, as appropriate, the 

person making the request shall be notified of the reasons for the determination, the name and title or position of 

the person responsible for the denial, 

and the provisions for judicial review 


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§ 2411.11 5 CFR Ch. XIV (1–1–10 Edition) 

of that determination under 5 U.S.C. 

552(a)(4). Even though no appeal is filed 

from a denial in whole or in part of a 

request for records by the person making the request, the Chairman of the 

Authority, the General Counsel or the 

Chairman of the Panel, as appropriate, 

may, without regard to the time limit 

for filing of an appeal, sua sponte initiate consideration of a denial under 

this appeal procedure by written notification to the person making the request. In such event the time limit for 

making the determination shall commence with the issuance of such notification. 

§ 2411.11 Modification of time limits. 

(a) In unusual circumstances as specified in this section, the time limits 

prescribed with respect to initial determinations or determinations on appeal 

may be extended by written notice 

from the agency component handling 

the request (either initial or on appeal) 

to the person making such request setting forth the reasons for such extension and the date on which a determination is expected to be dispatched. 

As appropriate, the notice shall provide 

the requester with an opportunity to 

limit the scope of the request so that it 

may be processed within the time limit 

or an opportunity to arrange with the 

agency component an alternative time 

frame for processing the request or a 

modified request. To aid the requester, 

the FOIA Public Liaison shall assist in 

the resolution of any disputes between 

the requester and the processing agency component. No such notice shall 

specify a date that would result in a 

total extension of more than ten (10) 

working days. 

(b) As used in this section, ‘‘unusual 

or exceptional circumstances’’ means, 

but only to the extent reasonably necessary to the proper processing of the 

particular request: 

(1) The need to search for and collect 

the requested records from field facilities or other establishments 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 having a 

substantial interest in the determination of the request or among two or 

more components of the agency having 

substantial subject matter interest 

therein. 

(c) Expedited processing of a request 

for records, or an appeal of a denial of 

a request for expedited processing, 

shall be provided when the requester 

demonstrates a compelling need for the 

information and in other cases as determined by the officer processing the 

request. A requester seeking expedited 

processing can demonstrate a compelling need by submitting a statement 

certified by the requester to be true 

and correct to the best of such person’s 

knowledge and belief and that satisfies 

the statutory and regulatory definitions of compelling need. Requesters 

shall be notified within ten (10) calendar days after receipt of such a request whether expedited processing, or 

an appeal of a denial of a request for 

expedited processing, was granted. As 

used in this section, ‘‘compelling need’’ 

means: 

(1) That a failure to obtain requested 

records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or 

(2) With respect to a request made by 

a person primarily engaged in disseminating information, urgency to inform 

the public concerning actual or alleged 

Federal Government activity. 

§ 2411.12 Effect of failure to meet time 

limits. 

Failure by the Authority, the General Counsel, the Panel, or the IG either to deny or grant any request 

under this part within the time limits 

prescribed by the Freedom of Information Act, as amended, 5 U.S.C. 552, and 

these regulations shall be deemed to be 

an exhaustion of the administrative 

remedies available to the person making this request. 

§ 2411.13 Fees. 

(a) Definitions. For the purpose of this 

section: 

(1) The term direct costs means those 

expenditures which the Authority, the 


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Federal Labor Relations Authority § 2411.13 

General Counsel, the Panel, or the IG 

actually incurs in searching for and duplicating (and in the case of commercial requesters, reviewing) documents 

to respond to a FOIA request. Direct 

costs include, for example, the salary 

of the employee performing work (the 

basic rate of pay for the employee plus 

16 percent of the rate to cover benefits) 

and the cost of operating duplicating 

machinery. Not included in direct costs 

are overhead expenses such as costs of 

space, and heating or lighting the facility in which the records are stored. 

(2) The term search includes all time 

spent looking for material that is responsive to a request, including pageby-page or line-by-line identification of 

material within documents as well as 

all reasonable efforts to locate and retrieve information from records maintained in electronic form or format. 

Searches may be done manually or by 

computer using existing programming. 

The Authority, the General Counsel, 

the Panel or the IG shall ensure that 

searches are done in the most efficient 

and least expensive manner reasonably 

possible. For example, if duplicating an 

entire document would be quicker and 

less expensive, a line-by-line search 

should not be done. 

(3) The term duplication refers to the 

process of making a copy of a document necessary to respond to a FOIA 

request. Such copies can take the form 

of paper copy, microfilm, audio-visual 

materials, or machine readable documentation (e.g., magnetic tape or 

disk), among others. 

(4) The term review refers to the process of examining documents located in 

response to a commercial use request 

(see paragraph (a)(5) of this section) to 

determine whether any portion of any 

document located is permitted to be 

withheld. It also includes processing 

any documents for disclosure, e.g., 

doing all that is necessary to excise 

them and otherwise prepare them for 

release. Review does not include time 

spent resolving general legal or policy 

issues regarding the application of exemptions. 

(5) The term ‘‘commercial use’’ request 

refers to 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 properly belongs 

in this category, the Authority, the 

General Counsel, the Panel, or the IG 

will look first to the use to which a requester will put the document requested. Where the Authority, the General Counsel, the Panel, or the IG has 

reasonable cause to doubt the use to 

which a requester will put the records 

sought, or where that use is not clear 

from the request itself, the Authority, 

the General Counsel, the Panel, or the 

IG may seek additional clarification 

before assigning the request to a specific category. 

(6) The term educational institution refers to a preschool, a public or private 

elementary or secondary school, an institution of graduate higher education, 

an institution of undergraduate higher 

education, an institution of professional education, and an institution of 

vocational education, which operates a 

program or programs of scholarly research. 

(7) The term non-commercial scientific 

institution refers to an institution that 

is not operated on a commercial basis 

as that term is referenced in paragraph 

(a)(5) of this section, 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. 

(8) The term representative of the news 

media refers to any person or entity 

that gathers information of potential 

interest to a segment of the public, 

uses its editorial skills to turn the raw 

materials into a distinct work, and distributes that work to an audience. 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 broadcasting 

to the public at large and publishers of 

periodicals (but only if such entities 

qualify as disseminators of ‘news’) who 

make their products available for purchase by or subscription by or free distribution to the general public. These 

examples are not intended to be all-inclusive. Moreover, as methods of news 

delivery evolve (for example, the adoption of the electronic dissemination of 


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§ 2411.13 5 CFR Ch. XIV (1–1–10 Edition) 

newspapers through telecommunications services), such alternative 

media shall be considered to be newsmedia entities. A freelance journalist 

shall be regarded as working for a 

news-media entity if the journalist can 

demonstrate a solid basis for expecting 

publication through that entity, 

whether or not the journalist is actually employed by the entity. A publication contract would present a solid 

basis for such an expectation; the Government may also consider the past 

publication record of the requester in 

making such a determination. 

(b) Exceptions to fee charges. (1) With 

the exception of requesters seeking 

documents for a commercial use, the 

Authority, the General Counsel, the 

Panel or the IG will provide the first 

100 pages of duplication and the first 

two hours of search time without 

charge. The word ‘‘pages’’ in this paragraph refers to paper copies of standard 

size, usually 81⁄2 by 11, or their equivalent in microfiche or computer disks. 

The term ‘‘search time’’ in this paragraph is based on a manual search for 

records. In applying this term to 

searches made by computer, when the 

cost of the search as set forth in paragraph (d)(2) of this section equals the 

equivalent dollar amount of two hours 

of the salary of the person performing 

the search, the Authority, the General 

Counsel, the Panel or the IG will begin 

assessing charges for computer search. 

(2) The Authority, the General Counsel, the Panel or the IG will not charge 

fees to any requester, including commercial use requesters, if the cost of 

collecting the fee would be equal to or 

greater than the fee itself. 

(3) As provided in §2411.8(c)(5), the 

Authority, the General Counsel, the 

Panel or the IG will not charge search 

fees (or duplication fees if the requester is an educational or noncommercial scientific institution, 

whose purpose is scholarly or scientific 

research; or a representative of the 

news media, as described in this section), when the time limits are not 

met. 

(4)(i) The Authority, the General 

Counsel, the Panel or the IG will provide documents without charge or at 

reduced charges if disclosure of the 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. 

(ii) In determining whether disclosure is in the ‘‘public interest because 

it is likely to contribute significantly 

to public understanding of the operations or activities of the government’’ 

under paragraph (b)(4)(i) of this section, the Authority, the General Counsel, the Panel, and the IG will consider 

the following factors: 

(A) The subject of the request. Whether 

the subject of the requested records 

concerns ‘‘the operations or activities 

of the government.’’ The subject of the 

requested records must concern identifiable operations or activities of the 

federal government, with a connection 

that is direct and clear, not remote or 

attenuated; 

(B) The informative value of the information to be disclosed. Whether the disclosure is ‘‘likely to contribute’’ to an 

understanding of government operations or activities. The disclosable 

portions of the requested records must 

be meaningfully informative about 

government operations or activities in 

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

increased public understanding of those 

operations or activities. The disclosure 

of information that already is in the 

public domain, in either a duplicative 

or a substantially identical form, 

would not be as likely to contribute to 

such understanding where nothing new 

would be added to the public’s understanding; 

(C) The contribution to an understanding of the subject by the general 

public likely to result from disclosure. 

Whether disclosure of the requested information will contribute to ‘‘public 

understanding.’’ The disclosure must 

contribute to the understanding of a 

reasonably broad audience of persons 

interested in the subject, as opposed to 

the individual understanding of the requester. A requester’s expertise in the 

subject area and ability and intention 

to effectively convey information to 

the public shall be considered. It shall 

be presumed that a representative of 

the news media will satisfy this consideration; and 


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Federal Labor Relations Authority § 2411.13 

(D) The significance of the contribution 

to the public understanding. Whether the 

disclosure is likely to contribute ‘‘significantly’’ to public understanding of 

government operations or activities. 

The public’s understanding of the subject in question, as compared to the 

level of public understanding existing 

prior to the disclosure, must be enhanced by the disclosure to a significant extent. The Authority, the General Counsel, the Panel and the IG 

shall not make value judgments about 

whether information that would contribute significantly to public understanding of the operations or activities 

of the government is ‘‘important’’ 

enough to be made public. 

(iii) In determining whether disclosure ‘‘is not primarily in the commercial interest of the requester’’ under 

paragraph (b)(4)(i) of this section, the 

Authority, the General Counsel, the 

Panel and the IG will consider the following factors: 

(A) The existence and magnitude of a 

commercial interest. Whether the requester has a commercial interest that 

would be furthered by the requested 

disclosure. Commercial interest of the 

requester (with reference to the definition of ‘‘commercial use’’ in paragraph 

(a)(5) of this section), or of any person 

on whose behalf the requester may be 

acting, that would be furthered by the 

requested disclosure. Requesters shall 

be given an opportunity in the administrative process to provide explanatory information regarding this consideration; and 

(B) The primary interest in disclosure. 

Whether the magnitude of the identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure ‘‘is primarily 

in the commercial interest of the requester.’’ A fee waiver or reduction is 

justified where the public interest 

standard is satisfied and that public interest is greater in magnitude than 

that of any identified commercial interest in disclosure. The Authority, the 

General Counsel, the Panel, and the IG 

ordinarily shall presume that where a 

news media requester has satisfied the 

public interest standard, the public interest will be the interest primarily 

served by disclosure to that requester. 

Disclosure to data brokers or others 

who merely compile and market government information for direct economic return shall not be presumed to 

primarily serve the public interest. 

(iv) A request for a fee waiver based 

on the public interest under paragraph 

(b)(4)(i) of this section must address 

these factors as they apply to the request for records in order to be considered by the Authority, the General 

Counsel, the Panel, or the IG. 

(v) Where only some of the records to 

be released satisfy the requirements for 

a waiver of fees, a waiver shall be 

granted for those records. 

(c) Level of fees to be charged. The 

level of fees to be charged by the Authority, the General Counsel, the 

Panel, or the IG, in accordance with 

the schedule set forth in paragraph (d) 

of this section, depends on the category 

of the requester. The fee levels to be 

charged are as follows: 

(1) A request for documents appearing to be for commercial use will be 

charged to recover the full direct costs 

of searching for, reviewing for release, 

and duplicating the records sought. 

(2) A request for documents from an 

educational or non-commercial scientific institution will be charged for 

the cost of reproduction alone, excluding charges for the first 100 pages. To 

be eligible for inclusion in this category, requesters must show that the 

request is being made under the auspices of a qualifying institution and 

that the records are not sought for a 

commercial use, but are sought in furtherance of scholarly (if the request is 

from an educational institution) or scientific (if the request is from a noncommercial scientific institution) research. 

(3) The Authority, the General Counsel, the Panel or the IG shall provide 

documents to requesters who are representatives of the news media for the 

cost of reproduction alone, excluding 

charges for the first 100 pages. 

(4) The Authority, the General Counsel, the Panel or the IG shall charge requesters who do not fit into any of the 

categories of this section fees which recover the full direct cost of searching 

for and reproducing records that are responsive to the request, except that the 

first 100 pages of reproduction and the 


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§ 2411.13 5 CFR Ch. XIV (1–1–10 Edition) 

first two hours of search time shall be 

furnished without charge. Requests 

from record subjects for records about 

themselves filed in Authority, General 

Counsel, Panel, or IG systems of 

records will continue to be treated 

under the fee provisions of the Privacy 

Act of 1974, which permits fees only for 

reproduction. 

(d) The following fees shall be 

charged in accordance with paragraph 

(c) of this section: 

(1) Manual searches for records. The 

salary rate (i.e., basic pay plus 16 percent) of the employee(s) making the 

search. Search time under this paragraph and paragraph (d)(2) of this section may be charged for even if the Authority, the General Counsel, the Panel 

or the IG fails to locate records or if 

records located are determined to be 

exempt from disclosure. 

(2) Computer searches for records. The 

actual direct cost of providing the service, including computer search time directly attributable to searching for 

records responsive to a FOIA request, 

runs, and operator salary 

apportionable to the search. 

(3) Review of records. The salary rate 

(i.e., basic pay plus 16 percent) of the 

employee(s) conducting the review. 

This charge applies only to requesters 

who are seeking documents for commercial use, and only to the review 

necessary at the initial administrative 

level to determine the applicability of 

any relevant FOIA exemptions, and not 

at the administrative appeal level of an 

exemption already applied. 

(4) Duplication of records. Twenty-five 

cents per page for paper copy reproduction of documents, which the Authority, the General Counsel, the Panel and 

the IG determined is the reasonable direct cost of making such copies, taking 

into account the average salary of the 

operator and the cost of the reproduction machinery. For copies of records 

prepared by computer, such as tapes or 

printouts, the Authority, the General 

Counsel, the Panel or the IG shall 

charge the actual cost, including operator time, of production of the tape or 

printout. 

(5) Forwarding material to destination. 

Postage, insurance and special fees will 

be charged on an actual cost basis. 

(e) Aggregating requests. When the Authority, the General Counsel, the Panel 

or the IG reasonably believes that a requester or group of requesters is attempting to break a request down into 

a series of requests for the purpose of 

evading the assessment of fees, the Authority, the General Counsel, the Panel 

or the IG will aggregate any such requests and charge accordingly. 

(f) Charging interest. Interest at the 

rate prescribed in 31 U.S.C. 3717 may be 

charged those requesters who fail to 

pay fees charged, beginning on the 30th 

day following the billing date. Receipt 

of a fee by the Authority, the General 

Counsel, the Panel or the IG, whether 

processed or not, will stay the accrual 

of interest. 

(g) Advanced payments. The Authority, the General Counsel, the Panel or 

the IG will not require a requester to 

make an advance payment, i.e., payment before work is commenced or 

continued on a request, unless: 

(1) The Authority, the General Counsel, the Panel or the IG estimates or 

determines that allowable charges that 

a requester may be required to pay are 

likely to exceed $250. Then the Authority, the General Counsel, the Panel or 

the IG will notify the requester of the 

likely cost and obtain satisfactory assurance of full payment where the requester has a history of prompt payment of FOIA fees, or require an advance payment of an amount up to the 

full estimated charges in the case of requesters with no history of payment; 

or 

(2) A requester has previously failed 

to pay a fee charged in a timely fashion 

(i.e., within 30 days of the date of the 

billing), in which case the Authority, 

the General Counsel, the Panel or the 

IG requires the requester to pay the 

full amount owed plus any applicable 

interest as provided in this section or 

demonstrate that the requester has, in 

fact, paid the fee, and to make an advance payment of the full amount of 

the estimated fee before the agency begins to process a new request or a pending request from that requester. When 

the Authority, the General Counsel, 

the Panel or the IG acts under paragraph (g)(1) or (2) of this section, the 

administrative time limits prescribed 

in subsection (a)(6) of the FOIA (i.e., 20 


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Federal Labor Relations Authority § 2412.2 

working days from receipt of initial requests and 20 working days from receipt of appeals from initial denial, 

plus permissible extension of these 

time limits) will begin only after the 

Authority, the General Counsel, the 

Panel or the IG has received fee payments described in this section. 

(h) When a person other than a party 

to a proceeding before the agency 

makes a request for a copy of a transcript, diskette, or other recordation of 

the proceeding, the Authority, the 

General Counsel, the Panel or the IG, 

as appropriate, will handle the request 

under this part. 

(i) Payment of fees shall be made by 

check or money order payable to the 

U.S. Treasury. 

§ 2411.14 Record retention and preservation. 

The Authority, the General Counsel, 

the Panel, and the IG shall preserve all 

correspondence pertaining to the requests that it receives under this subpart, as well as copies of all requested 

records, until such time as disposition 

or destruction is authorized by title 44 

of the United States Code or the National Archives and Records Administration’s General Records Schedule 14. 

Records will not be disposed of while 

they are the subject of a pending request, appeal, or lawsuit under the 

FOIA. 

§ 2411.15 Annual report. 

On or before February 1 annually, the 

Chief FOIA Officer of the Authority 

shall submit a report of the activities 

of the Authority, the General Counsel, 

the Panel, and the IG with regard to 

public information requests during the 

preceding fiscal year to the Attorney 

General of the United States. The report shall include those matters required by 5 U.S.C. 552(e), and shall be 

made available electronically. 

PART 2412—PRIVACY 

Sec. 

2412.1 Purpose and scope. 

2412.2 Definitions. 

2412.3 Notice and publication. 

2412.4 Existence of records requests. 

2412.5 Individual access requests. 

2412.6 Initial decision on access requests. 

2412.7 Special procedures; medical records. 

2412.8 Limitations on disclosures. 

2412.9 Accounting of disclosures. 

2412.10 Requests for correction or amendment of records. 

2412.11 Initial decision on correction or 

amendment. 

2412.12 Amendment or correction of previously disclosed records. 

2412.13 Agency review of refusal to provide 

access to, or amendment or correction of, 

records. 

2412.14 Fees. 

2412.15 Penalties. 

2412.16 Exemptions. 

AUTHORITY: 5 U.S.C. 552a. 

SOURCE: 45 FR 3491, Jan. 17, 1980, unless 

otherwise noted. 

§ 2412.1 Purpose and scope. 

This part contains the regulations of 

the Federal Labor Relations Authority, 

the General Counsel of the Federal 

Labor Relations Authority and the 

Federal Service Impasses Panel implementing the Privacy Act of 1974, as 

amended, 5 U.S.C. 552a. The regulations 

apply to all records maintained by the 

Authority, the General Counsel and the 

Panel that are contained in a system of 

records, as defined herein, and that 

contain information about an individual. The regulations in this part set 

forth procedures that: (a) Authorize an 

individual’s access to records maintained about the individual; (b) limit 

the access of other persons to those 

records; and (c) permit an individual to 

request the amendment or correction 

of records about the individual. 

§ 2412.2 Definitions. 

For the purposes of this part— 

(a) Individual means a citizen of the 

United States or an alien lawfully admitted for permanent residence. 

(b) Maintain includes maintain, collect, use or disseminate. 

(c) Record means any item, collection 

or grouping of information about an individual that is maintained by the Authority, the General Counsel and the 

Panel including, but not limited to, the 

individual’s education, financial transactions, medical history and criminal 

or employment history and that contains the individual’s name, or the 

identifying number, symbol or other 

identifying particular assigned to the 

individual, such as a finger or voice 

print or a photograph. 


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