1. Classified national defense and foreign relations information
2. Internal agency rules and practices
3. Information that is prohibited from disclosure by another law
4. Trade secrets and other confidential business information
5. Inter-agency or intra-agency communications that are protected by legal privileges
6. Information involving matters of personal privacy
7. Certain information compiled for law enforcement purposes
8. Information relating to the supervision of financial institutions
9. Geological information on wells

Exemption 1 – Protects from disclosure information that has been deemed classified "under criteria established by an Executive order to be kept secret in the interest of national defense or foreign policy" and is "in fact properly classified pursuant to such Executive order."

Exemption 2 – Protects records related solely to the internal personnel rules and practices of an agency.

Exemption 3 – Protects information exempted from release by statute.

• Example:  Contract bids and proposals must be exempt under FOIA Exemption 3, since, 41 U.S.C. § 4702 prohibits the release of such documents

Exemption 4 – Protects trade secrets and commercial or financial information which could harm the competitive posture or business interests of a company.

• Example of information FRA may withhold using 4: Commercially valuable formulas or other proprietary information not customarily released to the public entity from whom the information is obtained.

Exemption 5 – Protects the integrity of the deliberative or policy-making processes within the agency by exempting from mandatory disclosure opinion, conclusions, and recommendations included within inter-agency or intra-agency memoranda or letters. 

Exemption 6 – Protects information that would constitute a clearly unwarranted invasion of personal privacy of the individuals involved.

• Example of information FRA may withhold using 6: Social Security Numbers, home addresses and telephone numbers, certain identifying information regarding Department employees and/or beneficiaries.

Exemption 7 – Protects records or information compiled for law enforcement purposes the release of which could reasonably be expected:

7(A) – to interfere with enforcement proceedings.

• Example of information FRA may withhold using 7(A): Records pertaining to an open law enforcement investigation.

7(B) – would deprive a person of a right to a fair trial or an impartial adjudication.

• Example of information FRA may withhold using 7(B): Information that could potentially contaminate a jury pool.

7(C) – to constitute an unwarranted invasion of the personal privacy of a third party/parties (in some instances by revealing an investigative interest in them).

• Example of information FRA may withhold using 7(C): Identifying information of individuals associated with a law enforcement proceeding; i.e. law enforcement officers’ names, witness/interviewee identifying information.

7(D) – to disclose the identity/identities of confidential sources.

• Example of information FRA may withhold using 7(D): Identifying information of confidential informants.

7(E) – would disclose techniques and procedures for law enforcement investigations or prosecutions.

• Example of information FRA may withhold using 7(E): Law enforcement manuals, records pertaining to Watch Lists.

7(F) – to endanger the life or physical safety of an individual.

• Example of information FRA may withhold using 7(F): Identifying information of law enforcement officers.

Exemption 8 – Protects information that is contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions.

Exemption 9 – Protects geological and geophysical information and data, including maps, concerning wells FOIA Fee Guidelines

You may make a specific statement in your request limiting the amount of fees you are willing to pay. If you do not state a specific fee limit we will assume that you are willing to pay all fees incurred while processing your request.

Please indicate your fee category, willingness to pay fees, and state the maximum amount of fees that you are willing to pay. Once you have received a final determination from the agency that assesses FOIA processing charges, fees may be paid by credit card, or Personal Check by visiting http://www.pay.gov/paygov.

If you pay FOIA processing charges by personal check your check will be converted into an electronic fund transfer.  Departmental Regulations allow us to recover part of the costs associated with processing FOIA requests. For fee purposes, FOIA divides requesters into the following categories:

Commercial requesters are those who seek information for a use or purpose that furthers their commercial, trade, or profit interests. Commercial requesters pay all fees for search, review, and duplication.

Educational institutions include preschools through institutions of higher learning. Records must be for educational or scholarly research. Educational requesters pay only duplication fees after receiving the first 100 pages at no cost.

Non-commercial scientific requesters are institutions that operate solely for conducting scientific research and the records must be sought in furtherance of scientific research. These requesters pay only duplication fees after receiving the first 100 pages at no cost.

News media requesters are those who are actively gathering news for an entity organized and operated to publish or broadcast news to the public. Freelance reporters may qualify as media requesters. These requesters pay only duplication fees after receiving the first 100 pages at no cost.

Other requesters are those who do not qualify for another category and the request is for their personal use.

We will notify you if:

• Your fees will exceed the limit
• Your estimated fees exceed $250.00

You may receive the opportunity to narrow your request in order to reduce the fees, or you may be asked to confirm your commitment to pay the estimated amount.  

The reproduction fees are $0.10 per page. The current search and review fees are determined by the General Schedule (GS) salary level which is representative of the HHS employee performing the initial search and review services.

Grades 1 – 8 (or equivalent)                          $26.00/hour                   (GS-5, step 7, plus 16%)

Grades 9 – 12 (or equivalent)                        $43.00/hour                   (GS-10, step 7, plus 16%)

Grades 13 – 14 (or equivalent)                       $68.00/hour                   (GS-13, step 7, plus 16%)

Grade 15 and above (or equivalent)              $95.00/hour                   (GS-15, step 7, plus 16%)

You may request a waiver for FOIA processing fees. However, fee waivers are limited to situations in which a requester can show that disclosure of the requested information is in the public interest because it is likely to contribute significantly to public understanding of the operations and activities of the government and is not primarily in the commercial interest of the requester. Requesters are required to submit a justification as to why a Fee Waiver should be granted.  

FOIA Public Liaison:
Timothy Barkley
(202) 493-1305
Or email: FRAFOIA@dot.gov