Freedom of Information Act (FOIA)
 

Reference Guide
 

Federal Maritime Commission
 

800 North Capitol Street, N.W.
 

Washington, D.C. 20573
 

December 2016
 
	 	 	 	 	 	 	 	 	 	

	 	

Overview

This guide provides general information regarding the Freedom of Information Act 

(FOIA) and procedures for making a request under the FOIA to the Federal Maritime 

Commission (FMC). The FOIA, 5 U.S.C. § 552, a disclosure statute, provides that 

every person has the right to request access to federal agency records or information. 

Federal agencies, such as the FMC, are required to disclose records upon receiving a 

written request, with the exception of records that are protected from disclosure by 

the nine exemptions and three exclusions of the FOIA. This guide is designed to 

familiarize you with the specific procedures for making a FOIA request to the FMC 

and not intended to be a comprehensive discussion of the complex issues associated 

with the FOIA. For additional information regarding the FMC FOIA program, visit our 

website at www.FMC.gov, and select FOIA at the top right portion of your screen. The 

formal rules for making a FOIA request to the FMC are found in Part 503 of Volume 

46 of the Code of Federal Regulations (CFR), 46 CFR § 503. 

Information available from the FMC that does not require a

FOIA request:

A great deal of Agency information is publicly available and does not require a FOIA 

request. For a full description of documents that are publicly available see the 

Commission’s regulations at: 46 C.F.R. §§503.21-22. If you are uncertain whether you 

need to file a FOIA request to receive information, please call the FOIA Service Center 

at 202-523-5707 for assistance. 

The following records are available without the requirement of a FOIA request and can 

be found on the Commission's Website or by contacting the Office of the Secretary, 

Federal Maritime Commission, 800 North Capitol St. N.W., Washington, DC 20573, 

secretary@fmc.gov. 

(1) Proposed and final rules and regulations of the Commission including general 

substantive rules, statements of policy and interpretations, and rules of practice and 

procedure. 

(2) Federal Maritime Commission reports. 

(3) Official docket files in all formal proceedings including, but not limited to, orders, final 

decisions, notices, pertinent correspondence, transcripts, exhibits, and briefs, except for 

materials which are the subject of a protective order. 

(4) News releases, consumer alerts, Commissioner statements, and speeches. 

(5) Approved summary minutes of Commission actions showing final votes, except for 

minutes of closed Commission meetings which are not available until the Commission 

publicly announces the results of such deliberations. 

(6) Annual reports of the Commission. 

(7) Agreements filed or in effect pursuant to section 5 (46 U.S.C. 40301(d)-(e), 40302-

40303, 40305) and section 6 (46 U.S.C. 40304, 40306, 41307(b)-(d)) of the Shipping 

Act of 1984. 

(8) List of FMC-licensed and bonded ocean transportation intermediaries. 

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(9) Notification of ocean transportation intermediaries license applications, revocations, 

and suspensions. 

(10) General descriptions of the functions, bureaus, and offices of the Commission, 

phone numbers and email addresses, as well as locations of Area Representatives. 

(11) Information about how to file a complaint alleging violations of the Shipping Act, 

and how to seek mediation or alternative dispute resolution services. 

(12) Commonly used forms. 

(13) Final and pending proposed rules. 

(14) Access to statements of policy and interpretations as published in part 46 C.F.R. 

§545. 

(15) Lists of the location of all common carrier and conference tariffs and publicly 

available terminal schedules of marine terminal operators. 

Information not 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 provides nine categories of exemptions 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 

Pursuant to number (3) in exemption categories above, the following is a list of the most 

common statutes pertaining to documents requested from the Commission and a brief 

description of information exempt from disclosure: 

46 U.S.C. § 40306 – Agreement information and documents filed with the Commission 

(other than the actual Agreements) under 46 U.S.C. § 403 

26 U.S.C. §§ 6103, 6105 - Certain tax return information, to include taxpayer/employer 

identification numbers 

46 U.S.C. § 40502(b)(1) - Service Contracts entered into by an individual ocean 

common carrier or an agreement 

5 U.S.C. §574 - Dispute resolution communication between a neutral and a party to the 

dispute 

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Congress also provided special protection in the FOIA for three narrow categories of 

law enforcement and national security records. The provisions protecting those records 

are known as “exclusions.” The first exclusion protects the existence of an ongoing 

criminal law enforcement investigation when the subject of the investigation is unaware 

that it is pending and disclosure could reasonably be expected to interfere with 

enforcement proceedings. The second exclusion is limited to criminal law enforcement 

agencies and protects the existence of informant records when the informant’s status 

has not been officially confirmed. The third exclusion is limited to the FBI and protects 

the existence of foreign intelligence or counterintelligence, or international terrorism 

records when the existence of such records is classified. Records falling within an 

exclusion are not subject to the requirements of the FOIA. If it is determined that any of 

the information requested falls into one of the exempted categories/exclusions, the 

entire record may be withheld, or sections of it will be redacted or omitted. 

How to file a FOIA request with the FMC

You may submit a FOIA request by email, mail, or fax. When submitting a FOIA 

request, include the words "FOIA Request" in the subject line. FOIA requests must be 

directed to the Secretary of the Commission and submitted through one of the following 

formats: 

(1) Email: FOIA@fmc.gov, 

(2) Mail: 

Secretary (FOIA) 

Federal Maritime Commission 

800 North Capitol Street, N.W. 

Washington, D.C. 20573, or 

(3) Fax: 202-523-0014 

The request must reasonably describe the record or records sought. In describing the 

records, you should be as specific as possible with regard to names, dates, places, 

events, subjects, etc. The more specific you are about the records or types of records 

that you are seeking, the more likely it will be located. A FOIA request can be made for 

any agency record. However, as mentioned above there are statutory exemptions that 

authorize the withholding of certain information. When the FMC does withhold 

information, it will specify which exemption of the FOIA permits the withholding. You 

should be aware that the FOIA does not require agencies to research, analyze data, 

answer questions, or create records in order to respond to a request. It is also important 

to include your contact information on the request. 

Expedited Processing

Under certain conditions you may be entitled to have your request processed on an 

expedited basis. The Secretary will provide for expedited processing of request for 

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records when the person requesting the records can demonstrate a compelling need as 

described in 46 CFR §503.32(e). 

Fees

There is no initial fee required to submit a FOIA request. The FOIA does provide for 

processing fees in certain instances. Although, in the majority of requests made to the 

FMC, no fees are charged. For information regarding FOIA processing fees please see 

46 CFR §503 Subpart F. 

Administrative Appeals

You may file an administrative appeal if you are not satisfied with any adverse 

determination in response to your FOIA request. Appeals should be submitted to the 

Chairman of the Federal Maritime Commission pursuant to 46 C.F.R. §503.32. 

Contact information regarding FOIA requests submitted to the

FMC

Always feel free to contact the FMC FOIA Service Center to ask questions regarding the 

FMC FOIA process, or a submitted FOIA request at 202-523-5707. Also, the FMC 

FOIA Public Liaison is available at 202-523-5725. 

The Office of Government Information Services (OGIS) offers mediation services to 

resolve disputes between FOIA requesters and Federal agencies and can be reached 

at 202-741-5770 or 1-877-684-6448. 

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