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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules
Electronic Freedom of Information Act Amendments of 1996, Public Law 104
231, 110 Stat. 3048, the OPEN
Government Act of 2007, Public Law 110175, 121 Stat. 2524, and the FOIA
Improvement Act of 2016, Public Law 114185, 130 Stat. 538; to provide guidance for those seeking to obtain information from the Commission; and to make all information subject to disclosure pursuant to this subchapter and FOIA, and not otherwise protected by law, readily available to the public.
Additional guidance on obtaining information from the Commission can be found in the document entitled FOIA Guide, which is available for viewing and download on the Commissions website at https
www.fmshrc.gov/guides/foia-guide.
Hard copies are also available upon written request to the Commissions FOIA Office. The rules in this part apply only to records or information of the Commission or in the Commissions custody. Nothing in this part shall be construed to entitle any person, as of right, to any service or to the disclosure of any record to which such person is not entitled under the FOIA. This part does not affect discovery in adversary proceedings before the Commission.
Discovery is governed by the Commissions rules of procedure in 29
CFR part 2700.
2702.2

Location of offices.

The Commission maintains its headquarters office at 1331
Pennsylvania Avenue NW, Suite 520N, Washington, DC 200041710. The locations of other Commission offices may be obtained from the Commissions website http www.fmshrc.gov.

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2702.3

Making a request for information.

a Content of request. All requests for information must:
1 Be in writing;
2 Include the words Freedom of Information Act Request or FOIA on the face of the request;
3 Include, if concerning a case that has come before the Commission or a Commission Administrative Law Judge, the Commission case docket number or, in the alternative, the related MSHA
citation or order numbers;
4 Reasonably describe the particular records requested; and 5 Specify the preferred form or format in which the requester wishes to receive the response. The Commission shall accommodate requests as to form or format if the record is readily reproducible in the requested form or format. When requesters do not specify the preferred form or format of the response, the Commission shall respond
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in the form or format in which the record is most accessible to the Commission.
b Optional content considerations. If the requester desires expedited processing or a waiver or reduction of fees, such requests must be in writing and should be included in the initial request for information filed in accordance with paragraph a of this section. See 2702.4b3 and 2702.10
for additional requirements.
c Personal records. For individuals seeking access to their records, not including Commission files generated in adversary proceedings under the Mine Act, please see the Commissions Privacy Act rules at 29 CFR part 2705.
d Submitting a request. Requests must be submitted via:
1 The Commissions FOIA Request form located on the Commissions website at https www.fmshrc.gov/foia/
foia-request-form; or by 2 Email, mail, fax or hand delivery to the Chief FOIA Officer at FOIA@
FMSHRC.gov, Federal Mine Safety and Health Review Commission, Attn: Chief FOIA Officer,1331 Pennsylvania Avenue NW, Suite 520N, Washington, DC 200041710, Fax: 2024349944.
2702.4 Response to request; processing;
determinations.

a Response to request. Upon receipt of a request, a determination to grant, deny, or partially grant the request will be made within 20 business days by the Commissions FOIA Office, except in unusual circumstances, as described in paragraph b of this section. Generally, the Commission will respond to requests according to their order of receipt.
b Processing time.
1 Simple track. Except in circumstances described in paragraph b2 or 3 of this section, upon receipt of a request, a Commission FOIA officer will reach a determination to grant, deny, or partially grant the request within 20 business days after receipt by the Commissions FOIA Office.
2 Complex track. In unusual circumstances, it may not be possible for the agency to reach a determination within 20 business days. When additional time is needed to respond to the initial request, the Commission shall notify the requester in writing within the 20 business day period, describe the circumstances causing the delay, and indicate the anticipated date for a substantive response that may not exceed 10 additional business days, except as provided in paragraph b2i of this section.
i Unusual circumstances that may warrant delay include:

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A The need to search for and collect the requested records from facilities that are separate from the office processing the request;
B The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are requested in a single request;
C The need for consultation, which shall be conducted with all practicable speed, with another agency having a substantial interest in the determination of the request, or among two or more components of the agency having substantial subject matter interest in the request; and D The need to consult with the submitter of the records being requested.
ii With respect to a request for which a written notice has extended the time limit by 10 additional business days, if the Commission determines that it cannot make a response determination within that additional 10 business day period, the requester will be notified and provided an opportunity to limit the scope of the request so that it may be processed within the extended time limit, or an opportunity to arrange an alternative time frame for processing the request or a modified request.
3 Expedited track. While it is recommended that a request for expedited services be submitted with the initial 2702.3a request, such request may be made at any time. A
person may request expedited processing of a 2702.3a request for records in cases where the requester can demonstrate a compelling need for said records. Requesters will be notified of the determination in accordance with paragraph d4 of this section. A
demonstration of compelling need by a person making a request for expedited processing shall be made by a statement certified by such person to be true and correct to the best of his knowledge and belief. For purposes of this paragraph b3, a compelling need means:
i That a failure to obtain the requested records on an expedited basis could reasonably be expected to pose an imminent threat to the life or physical safety of an individual; or ii The information is urgently needed by a person primarily engaged in disseminating information in order to inform the public concerning actual or alleged Federal Government activity; or iii The records are necessary to assist with meeting an impending deadline set by a Commission Judge or the Commission in a pending case to which the requester is a party.
c Aggregated requests. Whenever it reasonably appears that certain requests
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