(a) In general. The FOIA office will provide an initial response to the requester within 20 working days of receipt of the request, except as otherwise provided in this section. The FOIA office will typically respond to requests according to their order of receipt. In instances involving misdirected requests that are re-routed pursuant to § 1120.4(b), the response time will commence on the date that the request is received by the FOIA office, but in any event not later than 10 working days after the request is first received by an agency employee.
(b) Multitrack processing. The FOIA office may designate additional processing tracks that distinguish between simple and more complex requests based on the estimated amount of work or time needed to process the request. Among the factors the FOIA office may consider are the number of pages involved in processing the request and the need for consultations or referrals. If multitrack processing has been established for the fiscal year at the time a request is filed, the FOIA officer shall advise the requester of the track into which the request falls and, when appropriate, shall offer the requester an opportunity to narrow the request so that it can be placed in a different processing track. Requests that are granted expedited processing in accordance with the standards set forth in paragraph (e) of this section shall be placed in a separate track for expedited processing regardless of whether multitrack processing has otherwise been established.
(c) Unusual circumstances. Whenever the statutory time limit for processing a request cannot be met because of “unusual circumstances,” as defined in the FOIA, and the agency extends the time limit on that basis, the agency shall notify the requester in writing of the unusual circumstances involved and of the date by which processing of the request can be expected to be completed. Where the extension exceeds 10 working days, the agency shall, as described by the FOIA, provide the requester with an opportunity to modify the request or arrange an alternative time period for processing. The agency shall make available its FOIA officer and its FOIA Public Liaison for this purpose. The agency will notify the requester of the availability of the Office of Government Information Services to provide dispute resolution services.
(d) Aggregating requests. For the purposes of satisfying unusual circumstances under the FOIA, the agency may aggregate requests in cases where it reasonably appears that multiple requests, submitted either by a requester or by a group of requesters acting in concert, constitute a single request that would otherwise involve unusual circumstances. The agency shall not aggregate multiple requests that involve unrelated matters.
(e) Expedited processing. (1) The Access Board will process requests and appeals on an expedited basis when the requester demonstrates a compelling need. A compelling need exists when:
(i) lack of expedited processing could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or
(ii) there is an urgency to inform the public about an actual or alleged Federal Government activity, if the request is made by a person who is primarily engaged in disseminating information.
(2) A request for expedited processing may be made at any time.
(3) A requester who seeks expedited processing must submit a statement, certified to be true and correct, explaining in detail the basis for making the request for expedited processing. For example, under paragraph (e)(1)(ii) of this section, a requester who is not a full-time member of the news media must establish that the requester is a person whose primary professional activity or occupation is information dissemination, though it need not be the requester's sole occupation. Such a requester also must establish a particular urgency to inform the public about the government activity involved in the request—one that extends beyond the public's right to know about government activity generally. The existence of numerous articles published on a given subject can be helpful in establishing the requirement that there be an “urgency to inform” the public on the topic. As a matter of administrative discretion, the agency may waive the formal certification requirement.
(4) The agency shall notify the requester within 10 calendar days of the receipt of a request for expedited processing of its decision whether to grant or deny expedited processing. If expedited processing is granted, the request shall be given priority, placed in the processing track for expedited requests, and shall be processed as soon as practicable. If a request for expedited processing is denied, any appeal of that decision shall be acted on expeditiously.