Access Board Proposes Modern FOIA Regulation Overhaul
Published Date: 8/4/2026
Proposed Rule
Summary
The Architectural and Transportation Barriers Compliance Board (Access Board or Board) is issuing this Notice of Proposed Rulemaking (NPRM) to update its regulations under the Freedom of Information Act (FOIA). The Board proposes to replace its existing FOIA regulations with this proposed rule, which streamlines the language of several procedural provisions; updates procedures consistent with current technology; incorporates changes required by amendments to the FOIA under the OPEN Government Act of 2007 and the FOIA Improvement Act of 2016, and developments in case law; and conforms to Department of Justice guidelines for agency FOIA regulations.
Analyzed Economic Effects
7 provisions identified: 4 benefits, 2 costs, 1 mixed.
New FOIA Fee Schedule (GS-based)
The Access Board replaces fixed dollar search and review fees with rates based on federal pay grades: searches/reviews by clerical staff charged at GS-9/step 5, professional/managerial at GS-14/step 5, and senior executives/Board members at EX-Level IV (with basic pay plus 16% for benefits). The agency will round down search and review time to the nearest hour, keep duplication at $0.20 per page, and may charge for scanning, creating new search programs, and NARA retrieval fees.
Expedited Processing Rules and Timing
The Access Board will grant expedited processing when a requester shows a "compelling need" as defined in 5 U.S.C. 552(a)(6)(E)(v) (for example, imminent threat to life or urgency to inform the public), and will notify a requester of its decision on expedited processing within 10 calendar days of the request. Approved expedited requests are placed in a separate, priority processing track.
Rules for Confidential Commercial Information
If you submit commercial or financial information you want protected under FOIA Exemption 4, you must mark it in good faith when submitted; those designations expire 10 years after submission unless you justify a longer period. The agency will notify submitters when such information is requested, allow a specified time to object, and treat failure to respond as no objection to disclosure.
Records Posted on Agency Website
Records that the FOIA requires to be made available for public inspection in electronic format may be accessed on the Access Board's website at www.access-board.gov. This proactive disclosure means certain records will be available online without a FOIA request.
Electronic FOIA Submission and Contact
You may submit FOIA requests in writing by emailing FOIA@access-board.gov, by using FOIA.gov, or by mail to the agency's FOIA Officer at 1331 F Street NW, Suite 1000, Washington, DC 20004. The agency will communicate primarily by email and telephone and will assign a tracking number if processing will take longer than 10 working days.
90-Day Administrative Appeal Deadline
If the agency denies your FOIA request in whole or in part, you must file a written administrative appeal postmarked or transmitted within 90 calendar days after the date of the response to be timely. Appeals may be sent to FOIA@access-board.gov or by mail to the Chief FOIA Officer at the agency address.
Agency Preservation of FOIA Records
The Access Board will preserve all correspondence and copies of records related to FOIA requests until disposition authorized under Federal law and will not dispose of records while they are the subject of a pending request, appeal, or lawsuit under FOIA.
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Key Dates
Department and Agencies
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Previous / Next Documents
Previous: 2026-15777, Loans to Executive Officers, Directors, and Principal Shareholders of Member Banks; Bank Holding Companies
The Board is inviting public comment on proposed amendments to Regulation O, which governs loans by member banks to their insiders and insiders of their affiliates. The proposed amendments would update and modernize the regulation, increase transparency by clarifying requirements and incorporating existing interpretations, and promote efficiency by reducing regulatory burden. The proposed amendments also would incorporate existing statutory requirements that are not currently reflected in the regulation. Moreover, the proposed amendments would update several outdated dollar-based thresholds in Regulation O and index these thresholds going forward. In addition, the proposed amendments would address the application of Regulation O to member banks that lend to companies that are presumed to be controlled by large asset management companies through passive investment funds. Finally, the proposed amendments would revise and reorganize the regulation to streamline the text and make it more accessible.
Next: 2026-15824, Petition for Rulemaking of Matheus Garcia Pereira
Please take notice that the Federal Trade Commission ("Commission") received a petition for rulemaking from Matheus Garcia Pereira and has published that petition online at https:// www.regulations.gov. The Commission invites written comments concerning the petition. Publication of this petition is pursuant to the Commission's Rules of Practice and Procedure and does not affect the legal status of the petition or its final disposition.