Freedom of Information Act (FOIA)

Reference Guide

Federal Maritime Commission

800 North Capitol Street, N.W.

Washington, D.C. 20573

December 31, 2008
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This brochure provides general information regarding the Freedom of Information Act (“FOIA”) 

and guidance on the specific procedures for making a request under the FOIA to the Federal 

Maritime Commission (“FMC”). This brochure uses a question-and-answer format to present 

information about FOIA requests in a clear, simple manner, and is not intended to be a 

comprehensive discussion of the complex issues associated with the FOIA.

What is the Freedom of Information Act?

The Freedom of Information Act, enacted in 1966, generally provides that any person has the 

right to request agency records or information. All agencies of the Executive Branch of the 

United States Government are required to disclose records upon receiving a written request for 

them, except for those records (or portions of them) that are protected from disclosure by the 

nine exemptions and three exclusions of the FOIA, discussed separately in this brochure. The 

complete text of the Freedom of Information Act is available on the internet at 

http://www.usdoj.gov/oip/foia_guide07/text_foia.pdf.

What information is available under the FOIA?

While the focus of FOIA is on making government information available to the public, the 

statute recognizes that certain types of information should not be disclosed. Thus, FOIA exempts 

nine categories from the general mandatory disclosure rule. These exemptions are:

1. Classified documents

2. Internal personnel rules and practices

3. Information exempt under other laws

4. Confidential business information

5. Internal government communications

6. Personal privacy

7. Law enforcement

8. Financial institutions

9. Geological information.

In addition, FOIA includes three exclusions which are also protected from disclosure. The three 

exclusions, which are rarely used, pertain to especially sensitive law enforcement or national 

security matters.

The FOIA Officer (FMC Secretary) will determine if any information you requested falls into 

one of the exempted categories. If so, the entire record may be withheld, or sections of it will be 

redacted or omitted.

Do I have to file a request under FOIA to obtain any information from the Federal 

Maritime Commission?

Not necessarily. A great deal of agency information is available without a FOIA request on the 

Commission’s website at www.fmc.gov, particularly in the website’s Electronic Reading Room. 

For a description of documents available without a FOIA request, see the Commission’s 
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regulations at 46 C.F.R. §§ 503.21-24. If you are uncertain whether you need to file a FOIA 

request to receive information, please call the FOIA Requester Hotline at 202-523-5707 and our 

staff will assist you. 

How do I file a FOIA request?

Submit your FOIA request in writing, providing as much detail as possible describing the 

documents you seek. You may submit a FOIA request by either:

Fax to 202-523-0014 (subject: FOIA Request);

E-mail to secretary@fmc.gov (subject: FOIA Request); or 

Mail to the address shown below (clearly mark the envelope exterior “FOIA”).

Address your written request to:

Secretary 

Federal Maritime Commission

800 North Capitol Street, N.W.

Washington, D.C. 20573

What if my FOIA request is partially or completely denied?

The FOIA Officer is required to notify you of the reasons your request has been partially or 

completely denied. The FOIA Officer will also include an explanation of the Commission’s 

appeal process. An appeal should be addressed to the Chairman, Federal Maritime Commission, 

Washington, D.C. 20573-0001. Your appeal letter may either contain details of the FOIA request 

and the FOIA Officer’s denial, or it may simply refer to the original request and state that the 

FOIA Officer’s decision is being appealed.

The Commission’s procedures for filing an appeal are located at 46 C.F.R. § 503.32.

Are there any fees or charges in connection with a FOIA request?

There is not an initial fee to file a FOIA request. By law, however, federal agencies are entitled 

to charge certain fees, which depend on the particular category of FOIA requester you fall into. 

Therefore, you may be charged a fee for search time and document review time, as well as for 

copying of documents. The Commission’s fees for processing FOIA requests are published on 

our website at 46 C.F.R. §503.43. You may also call the FOIA Requester Hotline to discuss 

specific fees applicable to your request, at (202) 523-5707.

You may include in your FOIA request a specific statement limiting the amount of money that 

you are willing to pay in fees. If the total fees for processing your request are likely to exceed 

that amount, the FMC will contact you and offer you an opportunity to narrow your request in 

order to reduce your fees. 
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What if I am unable to pay the fees?

In general, the Commission does not waive or reduce FOIA service and filing fees. In 

extraordinary situations, the Commission will accept requests for waivers or fee reductions. Such 

requests are to be made to the Secretary of the Commission at the time of the FOIA request and 

must demonstrate that the waiver or reduction of a fee is in the best interest of the public, or that 

payment of a fee would impose an undue hardship. The Secretary will notify the requester of the 

decision to grant or deny the request for waiver or reduction of fees.

How long does it take to process a FOIA request?

Once the Commission’s Secretary receives a FOIA request, the FMC is required to respond 

within twenty (20) business days, excluding Saturdays, Sundays and legal holidays. If expedited 

processing is sought, you must include a statement setting forth the reasons why your request 

should be expedited.

Where can I find more information about FOIA?

The Commission’s FOIA information web page is located at: 

http://www.fmc.gov/reading/FreedomofInformationAct.asp.

The Commission’s regulations regarding FOIA requests are located at:

http://www.fmc.gov/home/503Publicinformation.asp.

Additional FOIA information from the Department of Justice can be found at: 

http://www.usdoj.gov/oip/index.html.