Nuclear Safety Board Proposes FOIA Regulation Overhaul
Published Date: 11/24/2025
Proposed Rule
Summary
The Defense Nuclear Facilities Safety Board is updating its Freedom of Information Act rules to make it easier and faster for you to get government info. You can now send FOIA requests by email or through a government portal, and simple requests will be handled quicker. These changes reflect recent laws and agency updates, with public comments open until December 24, 2025—no extra costs for you!
Analyzed Economic Effects
9 provisions identified: 7 benefits, 2 costs, 0 mixed.
Faster Handling via Multitrack Processing
The Board will use multitrack processing (including a specific expedited track and separate tracks for simple versus complex requests) so simple requests can be processed faster under new Sec. 1703.108(d). The Board will tell you which track your request is in and may offer to help narrow it.
No Search/Duplication Fees If Board Misses Deadlines
The Board adopts statutory limits so it will not assess search or duplication fees when it fails to meet the time limits in Sec. 1703.108, consistent with the OPEN Government Act and related provisions (see Sec. 1703.107(b)(2)(iv)).
Fees May Apply for Very Large Requests (>5,000 Pages)
If the Board determines unusual circumstances apply and more than 5,000 pages are necessary to respond, it may charge search or (for preferred-fee requesters) duplication fees, but only after timely written notice and at least attempts to discuss narrowing the request as required by Sec. 1703.107(b)(2)(ix).
Send FOIA Requests by Email or Portal
You can now send FOIA requests to the Board by email at [email protected] or through the government-wide FOIA.gov portal, instead of only by mail. This change is in the proposed revision to Sec. 1703.105(b)(2).
News Media Definition Expanded
The Board revises the definition of "representative of the news media" to remove the prior "organized and operated" requirement and to adopt the OPEN Government Act definition: gathering information, using editorial skills to produce a distinct work, and distributing it to an audience (see Sec. 1703.107(b)(1)).
Students Count as Educational Requesters
The definition of "educational institution" is revised to include students who make FOIA requests in furtherance of coursework or other school-sponsored activity (see Sec. 1703.107(b)(1)).
Multiple Requests May Be Aggregated
The Board may aggregate multiple requests submitted by one requester or a group acting in concert and treat them as a single request for purposes of determining whether unusual circumstances apply (Sec. 1703.108(e)). The Board will not aggregate unrelated requests.
Longer Appeal Window: 90 Days to Appeal
Under the proposed rule, a person denied a fee waiver or reduction has 90 days to appeal that determination to the General Counsel, replacing the prior 30-day period (see Sec. 1703.109(a)(1)), consistent with the FOIA Improvement Act of 2016.
Denial Letters Must Give Specific Info
When the Board denies a FOIA request, the denial must be signed by the Designated FOIA Officer and include the denier's name and title, the reason and FOIA exemption used, an estimate of pages withheld, appeal procedures, and notice of FOIA Public Liaison and OGIS dispute-resolution services (see Sec. 1703.108(i)).
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