Freedom of Information Act (FOIA)• What is FOIA? • Do I have to file a request under FOIA to obtain any information from the Federal Maritime Commission? • Will I receive all the documents I request under FOIA? • How do I file a FOIA request?
• What happens if my FOIA request is denied in whole or in part? • Are there any fees or charges in connection with a FOIA request? • What if I am unable to pay the fees? • How long does it take to process a FOIA request? • Where can I go to get more information about FOIA?
What is FOIA?FOIA is an abbreviation that stands for the “Freedom of Information Act.” You can view the Act at http://www.usdoj.gov/oip/foia_guide07/text_foia.pdf. Pursuant to this Act, the public has the right to request specific documents from the federal government. When requesting information under FOIA, you should provide as much detail as possible describing the documents you seek. 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. For a description of documents available without a FOIA request, see the Commission’s regulations at 46 CFR §§ 503.21-24. If you are uncertain whether you need to file a FOIA request to receive information, call the FOIA Requester Hotline at 202-523-5707 and our staff will assist you. Will I receive all the documents I request under 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, the 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.
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.
How do I file a FOIA request?
Please submit your FOIA request in writing, reasonably describing the record(s) sought. You may submit a FOIA request by either:
(1) Fax: 202-523-0014 (subject: FOIA Request);
(3) Mail: (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 happens if my FOIA request is denied in whole or in part? The FOIA Officer is required to notify you of the reasons your request has been denied in whole or in part. 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. Your appeal letter may 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. 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. Thus, 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 CFR §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. 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 the request, the FMC has 20 working days (excluding weekends and legal holidays) to make a determination on the request. If expedited processing is sought, you must include the reason for expedited processing in your FOIA request letter.
Where can I go to get more information about FOIA?
The Commission’s FOIA information web page is located at:
The Commission’s regulations regarding FOIA requests are located at:
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