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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules
may be protected from disclosure under Exemption 4, but has not yet determined whether the information is protected from disclosure.
2 The notice must either describe the commercial information requested or include a copy of the requested records or portions of records containing the information.
d Exceptions to submitter notice requirements. The notice requirements of this section do not apply if:
1 The Commission determines that the information is exempt under the FOIA, and therefore will not be disclosed;
2 The information has been lawfully published or has been officially made available to the public;
3 Disclosure of the information is required by a statute other than the FOIA or by a regulation issued in accordance with the requirements of Executive Order 12600 of June 23, 1987;
or 4 The designation made by the submitter under paragraph b of this section appears obviously frivolous. In such case, the Commission will give the submitter written notice of any final decision to disclose the information within a reasonable number of days prior to a date specified for disclosure.
e Opportunity to object to disclosure.
1 If the submitter objects to disclosure of any of the requested information, a written response to the notice issued under paragraph c of this section must be submitted to the Commission within 30 calendar days of the date of the notice.
2 The response must include a detailed statement that specifies all grounds for withholding the particular information under any exemption of the FOIA. In order to rely on Exemption 4
of the FOIA as a basis for nondisclosure, the submitter must explain why the information constitutes a trade secret or commercial or financial information that is confidential.
3 A submitter who fails to respond within 30 calendar days will be considered to have no objection to disclosure of the information. The Commission is not required to consider any information received after the date of any disclosure decision. Any information provided by a submitter under this part may itself be subject to disclosure under the FOIA.
f Analysis of objections. The Commission will consider a submitters objections and specific grounds for nondisclosure in deciding whether to disclose the requested information.
g Notice of intent to disclose.
Whenever the Commission decides to disclose information over the objection
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of a submitter, the Commission will provide the submitter written notice, which shall include:
1 A statement of the reasons why each of the submitters disclosure objections was not sustained;
2 A description of the information to be disclosed or copies of the records as the Commission intends to release them;
and 3 A specified disclosure date, which must be a reasonable time after the notice.
h Notice of FOIA lawsuit. Whenever a requester files a lawsuit seeking to compel the disclosure of confidential commercial information, the agency must promptly notify the submitter.
i Requester notification. The Commission will notify the requester whenever it provides the submitter with notice and an opportunity to object to disclosure; whenever it notifies the submitter of its intent to disclose the requested information; and whenever a submitter files a lawsuit to prevent the disclosure of the information.
j Effect of disclosure. Once a record has been disclosed by the Commission to any requester, that record will no longer be deemed confidential commercial information and protected under this section.
2702.7

Materials available.

a Records. Except for records and information under seal or exempted from disclosure, all records of the Commission or in its custody are available to any person who requests them in accordance with 2702.3.
Records include any information that would be a record subject to the requirements of 5 U.S.C. 552 when maintained by the Commission in any format, including electronic format.
In response to FOIA requests, the Commission will search for records manually or by automated means, except when an automated search would significantly interfere with the operation of the Commissions automated information system.
b FOIA e-reading room. Materials created on or after November 1, 1996, under this paragraph b may be accessed electronically through the Commissions website at https
www.fmshrc.gov/foia/e-reading-room.
Materials available include, but are not limited to:
1 Final opinions, including concurring and dissenting opinions, as well as orders, made in the adjudication of cases;
2 Those statements of policy and interpretations which have been adopted by the agency and are not published in the Federal Register;

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3 Administrative staff manuals and instructions to staff that affect a member of the public;
4 Copies of all records, regardless of form or format, which have been released to any person under this part and which, because of the nature of their subject matter, the Commission has determined have become or are likely to become the subject of subsequent requests for substantially the same records; and 5 A general index of records referred to under this paragraph b.
c FOIA in-office review. Materials are also available for inspection and copying at the Commissions headquarters located at 1331
Pennsylvania Avenue NW, Suite 520N, Washington, DC 200041710.
2702.8 Categories of requesters and applicable fees.

a Commercial requesters. When documents are requested for commercial use, the requester will be assessed the full direct costs of searching for, reviewing for release, and duplicating the records sought.
b Educational or noncommercial scientific institutions requesters. When records are being requested by educational or noncommercial scientific institutions whose purpose is scholarly or scientific research, and not for commercial use, the requester will be assessed only for the cost of duplicating the records sought, but no charge will be made for the first 100 paper pages reproduced.
c News media requesters. When records are being requested by representatives of the news media, as defined by 5 U.S.C. 552a4Aii of the FOIA, the requester will be assessed only for the cost of duplicating the records sought, but no charge will be made for the first 100 paper pages reproduced. When records are being requested by representatives of the news media.
d Other requesters. For any other request not described in paragraphs a through c of this section, the requester will be assessed the full direct costs of searching for and duplicating the records sought, except that no charge will be made for the first two hours of manual search time and the first 100
paper pages of reproduction.
e Requesters acting in concert. For purposes of paragraphs b through d of this section, whenever it reasonably appears that a requester, or a group of requesters acting in concert, is attempting to break down a single request into a series of requests relating to the same subject matter for the purpose of evading the assessment of
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