Access Board Speeds Up FOIA Requests with New Tech-Friendly Rules
Published Date: 9/23/2026
Rule
Summary
The Architectural and Transportation Barriers Compliance Board updated its Freedom of Information Act (FOIA) rules to make them clearer, faster, and tech-friendly. These changes affect anyone requesting info from the Board and follow new laws and Justice Department guidelines. The new rules kick in on September 23, 2026, with no extra costs for the public.
Analyzed Economic Effects
7 provisions identified: 2 benefits, 3 costs, 2 mixed.
Fee Schedule Tied to Federal Pay Rates
If the Board charges search and review fees, it will calculate them using Washington, D.C. locality pay‑area hourly rates tied to federal pay grades: clerical/administrative at GS‑9/step 5, information technology at GS‑13/step 5 (listed earlier as $66.14/hr), professional/managerial at GS‑14/step 5 (listed earlier as $78.15/hr), and senior executives/Board members at Executive Level IV (listed earlier as $94.49/hr). The agency may also charge creation of new electronic search programs and additional National Archives retrieval fees; photocopies are $0.20 per page. You must pay by check, money order, or an electronic method the FOIA office specifies.
Search Fee Exemptions for Research and News
Search fees will not be charged for requests from educational institutions, noncommercial scientific institutions, or representatives of the news media when the request qualifies under those categories. Placement in the commercial‑use category is decided case‑by‑case based on the requester's intended use.
20‑Working‑Day Initial Response Rule
If you request records from the Access Board, the FOIA office will provide an initial response within 20 working days of receiving your request. That 20‑working‑day clock is tolled from the moment the agency asks you for more information until you provide it, and if you never provide sufficient information the request will be denied.
Expedited Processing Only for 'Compelling Need'
The Board will grant expedited processing only when a requester demonstrates a "compelling need" as defined in 5 U.S.C. 552(a)(6)(E)(i): (i) imminent threat to life or physical safety, or (ii) an urgency to inform the public about government activity for a person primarily engaged in disseminating information. The agency must notify you within 10 calendar days whether it grants expedited processing.
Accessibility for Requesters with Disabilities
FOIA denial letters and requested records must be accessible under the Rehabilitation Act: official agency communications must comply with section 508 accessibility rules and requested records must be provided in an accessible format under section 504 upon request and based on the individual's specific disability. Access Board staff will work with requesters on accessibility needs.
90‑Day Deadline to File an Administrative Appeal
If the Board issues an adverse FOIA determination, you may appeal in writing to the Chief FOIA Officer; appeals must be postmarked or transmitted within 90 calendar days after the response date to be timely.
Submitter Confidentiality Designations Limited to 10 Years
If you submit commercial or financial information and designate it confidential, that designation expires 10 years after submission unless you request and justify a longer period. The agency will notify submitters and permit a written objection if the agency is considering disclosure under FOIA Exemption 4.
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Key Dates
Department and Agencies
Related Federal Register Documents
2026-15782, Revision of Freedom of Information Act Regulations
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.
2026-10508, Proposed Renewal of Information Collection; OMB Control Number 3014-0012, Online Architectural Barriers Act (ABA) Complaint Form
The Access Board wants to keep using its online complaint form for reporting accessibility problems at public places for three more years. This affects anyone who spots barriers that make buildings hard to use and wants to file a complaint easily online. Comments on this plan are open until July 27, 2026, and there’s no new cost involved—just a smooth way to keep voices heard!
2026-16773, Proposed Renewal of Information Collection; OMB Control Number 3014-2012; Online Architectural Barriers Act (ABA) Complaint Form
In accordance with the Paperwork Reduction Act of 1995 (PRA) (44 U.S.C. 3501 et seq.), the Architectural and Transportation Barriers Compliance Board (Access Board) has submitted the following request for renewal of information collection request titled "Online ABA Complaint Form" to the Office of Management and Budget (OMB) for its review and approval. The Access Board invites comment on its "Online Architectural Barriers Act (ABA) Complaint Form." (OMB Control No. 3014-0012). The purpose of this information collection is to provide a standardized method for members of the public to file ABA complaints with the Access Board. The information collection is scheduled to expire on October 31, 2026, and we propose to continue using the instrument for an additional three years.
2026-03199, Accessibility Standards for Universal Changing Stations
The government is working on new rules to make universal changing stations easier to use for everyone, including people with disabilities. These rules will cover how the stations and their rooms should be private, clean, and accessible. Businesses and public places will need to follow these standards once finalized, and the public can share their thoughts by April 20, 2026.
2025-21884, Agency Information Collection Activities; Submission of Proposed Information Collection; Online Training Request Form for OMB Review
The Access Board is asking for approval to start a new online form that lets people and local governments easily request training. This change makes it simpler to get help and doesn’t cost anyone extra. You can share your thoughts on this plan until January 5, 2026.
2025-21836, Performance Review Board Membership
The Architectural and Transportation Barriers Compliance Board just named new members to its Performance Review Board, which checks how well senior executives are doing their jobs. Since the board is small, it brought in experts from other federal agencies to help out. This update affects senior leaders and keeps the review process fair and fresh, with no changes to pay or timing announced.
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