On September 23, 2026, the Architectural and Transportation Barriers Compliance Board, widely known as the Access Board, published a final rule in the Federal Register to update its Freedom of Information Act (FOIA) regulations. This pivotal revision, codified under 36 CFR Part 1120, replaces existing regulations that have largely been in place since 1980, with minor adjustments in 1987 and 1990. The comprehensive update seeks to modernize the Board's FOIA procedures, reflecting significant statutory changes and technological advancements over the past decades.
The Mandate for Modernization
The Access Board's decision to revise its FOIA regulations stems from a dual imperative: to conform to legislative mandates and to adapt to the digital age. The rule incorporates changes necessitated by the OPEN Government Act of 2007 and the FOIA Improvement Act of 2016. These acts introduced new requirements for federal agencies regarding information disclosure, transparency, and responsiveness. Additionally, the Board's updated regulations align with current Department of Justice guidelines for agency FOIA regulations, ensuring consistency across the federal government.
Beyond legislative compliance, the revisions acknowledge the profound impact of technology on information management and retrieval. The original regulations predated widespread internet use and electronic recordkeeping. The new rule streamlines procedural language, making it more concise and easier to understand for requesters. It explicitly updates procedures to leverage current technology, recognizing that electronic communication and digital record searches are now standard practices in fulfilling FOIA requests.
Public Input and Substantive Adjustments
The final rule follows a notice of proposed rulemaking (NPRM) published on August 4, 2026. The Access Board received eight public comments, which informed several key adjustments to the final text. While some comments were non-responsive or indicated a misunderstanding of the rulemaking's scope, others raised substantive concerns that the Board carefully considered.
One significant area of discussion involved the timing of initial responses to FOIA requests. In response to public feedback, the Board clarified in section 1120.5 that its FOIA office will respond to requests within 20 working days, unless other specific circumstances apply. Relatedly, the rule now explicitly states that the statutory timeframe for response will be tolled when the agency must seek clarification from a requester, pausing the clock until the necessary information is provided. This addresses a common procedural complexity in FOIA administration.
Another procedural concern focused on the consequences of failing to sufficiently describe records sought. The proposed rule suggested delays. However, following commenter input, the final rule in section 1120.3(b) now clarifies that if a requester fails to provide sufficient information to reasonably describe the records, the request ultimately may be denied, not just delayed. This highlights the importance of clear and precise requests for efficient processing.
Regarding expedited processing, two commenters sought greater specificity for granting requests based on
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