(a) Records which are routinely available for public inspection. Section 0.453 specifies those Commission records which are routinely available for public inspection and where those records may be inspected. Procedures governing requests for inspection of such records are set out in §0.460.

(b) Records which are not routinely available for public inspection. Records which are not specified in §0.453 are not routinely available for public inspection. Such records fall into three categories.

(1) The first category consists of categories of records listed in §0.457, and of particular records withheld from public inspection under §0.459. The Commission has determined that there is a statutory basis for withholding these records from public inspection. In some cases, the Commission is prohibited from permitting the inspection of records. This category also includes records that are the property of another agency that the Commission has no authority to release for inspection. In still other cases, the Commission is authorized, for reason of policy, to withhold records from inspection, but is not required to do so. As applicable, procedures governing demands by competent authority for inspection of these records are set forth in §0.463.

(2) The second category consists of records that are not specified in §0.453 or §0.457 and have not been withheld from inspection under §0.459. In some cases, these records have not been identified for listing. In other cases an individualized determination is required. Procedures governing requests for inspection of these records are set forth in §0.461. Procedures governing demands by competent authority for inspection of these records are set forth in §0.463.

(3) The third category consists of material previously released consistent with the agency's rules that the agency determines is not likely to become the subject of a subsequent FOIA request or otherwise likely to be of broader public interest.

(4) Except as provided in §0.461 and §0.463, or pursuant to §19.735-203 of this chapter, no officer or employee of the Commission shall permit the inspection of records which are not routinely available for public inspection under §0.453, or disclose information contained therein. This provision does not restrict the inspection or disclosure of records described in §0.453(b)(3).

(c) Copies. Section 0.465 applies to requests for copies of Commission records which are routinely available for public inspection under §0.453 and those which are made available for inspection under §0.461. Sections 0.467 and 0.465(c)(3) apply to requests for certified copies of Commission records.

(d) Search and copying fees. Section 0.465(c)(2) prescribes the per page fee for copying records made available for inspection under §0.460 or §0.461. Section 0.466 prescribes fees to cover the expense of searching for and reviewing records made available for inspection under §0.460 or §0.461. Review of initial fee determinations under §0.467 through §0.470 and initial fee reduction or waiver determinations under §0.470(e) may be sought under §0.461(j).

[82 FR 4189, Jan. 13, 2017]