[Code of Federal Regulations]
[Title 43, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 43CFR2.14]

[Page 15-16]
 
                    TITLE 43--PUBLIC LANDS: INTERIOR
 
PART 2--RECORDS AND TESTIMONY; FREEDOM OF INFORMATION ACT--Table of Contents
 
             Subpart C--Requests for Records under the FOIA
 
Sec. 2.14  When can I get expedited processing?

    (a) When requested, a bureau will provide expedited processing if 
you demonstrate to the satisfaction of the bureau that the request 
involves:
    (1) Circumstances in which the lack of expedited treatment could 
reasonably be expected to pose an imminent threat to the life or 
physical safety of an individual;
    (2) An urgency to inform the public about an actual or alleged 
Federal Government activity if the request is made by a person primarily 
engaged in disseminating information. In most situations, a person 
primarily engaged in disseminating information will be a representative 
of the news media. The requested information must be the type of 
information which has particular value that will be lost if not 
disseminated quickly, and ordinarily

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refers to a breaking news story of general public interest. However, 
information of historical interest only, or information sought for 
litigation or commercial activities would not qualify, nor would a news 
media deadline unrelated to breaking news; or
    (3) The loss of substantial due process rights.
    (b) A request for expedited processing should be submitted with your 
FOIA request. For a prompt determination, you must submit a request 
complying with the requirements of Secs. 2.8 and 2.10 to the FOIA 
Contact at the bureau office that maintains the records you are seeking.
    (c) If you are seeking expedited processing, you must submit a 
statement explaining in detail the basis for your request. You must 
certify in your letter that your need for expedited processing is true 
and correct to the best of your knowledge and belief. For example, a 
requester within the category of paragraph (a)(2) of this section, if 
not a full time member of the news media, must establish that he or she 
is a person whose main professional activity or occupation is 
information dissemination, though it need not be his/her sole 
occupation.
    (d) Within 10 calendar days of receipt of your request, the bureau 
will notify you whether it will grant expedited processing. If expedited 
processing is granted, the bureau will give priority to that FOIA 
request and process the request as soon as practicable. If expedited 
processing is denied, the bureau will notify you of your right to appeal 
the decision on expedited processing. Appeals of denials of requests for 
expedited processing will be processed ahead of other appeals (see 
Sec. 2.32(b)). If the bureau has not responded to your request for 
expedited processing within 10 calendar days, you have a right to file 
an appeal for nonresponse (see Sec. 2.28(a)(7)).