Quiero saber acerca de...

48348

Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules
khammond on DSKJM1Z7X2PROD with PROPOSALS

the Commissions ability to prioritize requests differently, if necessary.
Consistent with 5 U.S.C.
552a6Di, 2702.4b details the agencys longstanding, three-tier multitrack processing system, which includes simple, complex, and expedited processing. Section 2702.4b2 explains the unusual circumstances that may warrant a delayed response by the Commission.
Pursuant to 5 U.S.C. 552a6EiII, newly added 2702.4b3 explains the time requirements for making requests for expedited processing and includes a new agency-specific criterion for requesters seeking expedited processing.
The new criterion, paragraph b3iii, allows parties engaged in litigation before the Commission to request expedited processing if the record is required to meet a fast-approaching deadline set by a Commission.
Administrative Law Judge ALJ or the Commission. This criterion will be particularly helpful for parties requesting hearing transcripts needed to prepare post-hearing briefs.
Newly added 2702.4c contains the information previously contained in 2702.3c2 explaining the aggregation of requests.
Newly added 2702.4d explains the various determinations that a Commission FOIA officer can reach when processing a request under the FOIA.
In accordance with the FOIA
Improvement Act of 2016, newly added 2702.4e explains the dispute resolution and mediation services available to requesters and the process for attaining these services.
29 CFR 2702.5
The information previously contained in 2702.5 under header Fees applicablecategories of requesters, which explained the Commissions categories of requesters for purposes of determining the appropriate fees, has been redesignated as new 2702.8.
Section 2702.5 now contains language previously found in 2702.3 and added language explaining the procedures surrounding the various types of FOIA
appeals, including the format and timing of appeals and the Commissions process for reviewing appeals. The appeal language was taken from former 2702.3b, e2, and f and 2702.7b2 and consolidated under this new section.
In accordance with the Improvement Act 2016, paragraph a reflects the new time period in which a requester has to appeal an adverse determination, that is not more than 90 days after the date of such determination. Paragraphs a
VerDate Sep<11>2014

16:31 Aug 27, 2021

Jkt 253001

through d include new instructions regarding the required content when filing an appeal. In paragraph a, we also removed the word Chairman and added, in its place, the word Chair.
29 CFR 2702.6
The information previously contained in 2702.6 under header Fee schedule, has been redesignated as newly added 2702.9 under the same header. Section 2702.6 now contains the Commissions procedure for the handling of confidential commercial information. While requests for confidential commercial information is not an issue the Commission has typically had to deal with in the past, in recent years it has seen an increase in FOIA requests that in some way relate to potentially sensitive records that mine operators may not want released to the public.
The language was adopted from the regulation template provided by the Department of Justices Office of Information Policy OIP in its Template for Agency FOIA
Regulations, published on February 22, 2017. The section mirrors OIPs sample language.
Section 2702.6a defines confidential commercial information and submitter. Section 2702.6b informs submitters what steps they must take to protect information they believe should be withheld from disclosure.
This provision will be most useful for mining companies submitting sensitive commercial records during the course of litigation before the Commission.
Section 2702.6c explains the circumstances under which a submitter of confidential commercial information must be notified that the information has been requested and may be disclosed. It describes the different ways the Commission may satisfy the notice requirement and describes the content that must be included in the notice.
Section 2702.6d explains the exceptions to the submitter notice requirements. Section 2702.6e sets forth the process for submitters to object to disclosures. The section goes on to explain the Commissions process for addressing objected disclosures and the notices it will provide to both submitter and requester.
29 CFR 2702.7
The information previously contained in 2702.7 under header No fees;
waiver or reduction of fees, has been redesignated as newly added 2702.10.
Section 2702.7 now contains the information previously found in 2702.4 discussing the types of records maintained by the Commission and
PO 00000

Frm 00004

Fmt 4702

Sfmt 4702

available to the public, as well as how records may be accessed without the need to file a FOIA request. It additionally explains what records are available to the public upon request and generally how the Commission will search for requested records.
Specifically, under FOIA, each agency must make available for public inspection and copying without the need for a formal FOIA request the following items: Final opinions and orders issued in the adjudication of administrative cases; policy statements and interpretations that have been adopted by the agency but which were not published in the Federal Register;
administrative staff manuals that affect members of the public; and records processed and disclosed in response to a FOIA request which the agency has determined have or will become the subject of similar requests for substantially the same records often referred to as FOIA-processed records. See 5 U.S.C. 552a2.
Historically, agencies have generally provided access to these records in reading rooms located at one or more of the agencys offices. However, with the increased reliance on technology, agencies have eliminated full-time reading rooms and switched to posting the records online where they are easily accessible by the public. While the Commission will continue to permit inoffice inspection of records, if requested, it will primarily rely on its ereading room to satisfy this requirement under the FOIA.
There is one substantive change to this section, which includes a new paragraph a that generally describes the availability of the Commissions records. Former paragraphs a and b have been transposed and relettered as paragraphs b and c. The term FOIA
Reading Room has been replaced with the term FOIA in-office review.
The rule continues to model the statutory language in the FOIA.
Additionally, a more detailed listing of materials available at the Commission is provided in the Commissions FOIA
Guide, also available on its website.
29 CFR 2702.8
The information previously contained in 2702.8 under header Advance payment of fees; interest; debt collection procedures, has been redesignated as newly created 2702.11.
Section 2702.8, under revised header Categories of requesters and applicable fees, now contains the information previously found in 2702.5 discussing fee requester categories. This section includes newly added paragraph f, which explains that the FOIA office may
E:FRFM30AUP1.SGM

30AUP1