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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Rules and Regulations the CPSA explains the preemptive effect of consumer product safety standards issued under the CPSA. 15 U.S.C. 2075.
The final rule is not a consumer product safety standard, but rather, the final rule revises a rule of agency practice and procedure, by making revisions and corrections to the agencys FOIA fee regulations. Therefore, section 26 of the CPSA does not apply to this rule.
VII. Congressional Review Act The Congressional Review Act CRA;
5 U.S.C. 801808 states that, before a rule can take effect, the agency issuing the rule must submit the rule, and certain related information, to each House of Congress and the Comptroller General. 5 U.S.C. 801a1. The submission must indicate whether the rule is a major rule. The CRA states that the Office of Information and Regulatory Affairs OIRA determines whether a rule qualifies as a major rule. Pursuant to the CRA, OIRA
designated this rule as not a major rule, as defined in 5 U.S.C. 8042. To comply with the CRA, the Office of the General Counsel will submit the required information to each House of Congress and the Comptroller General.
VIII. Effective Date In accordance with the APAs general requirement that the effective date of a rule be at least 30 days after publication of the final rule, the NPR proposed a 30day effective date for the final rule. The Commission received no comment on the effective date. Accordingly, the effective date is 30 days after the date of publication of this final rule in the Federal Register. 5 U.S.C. 553d.
List of Subjects in 16 CFR Part 1015
Administrative practice and procedure, Consumer protection, Disclosure of information, Freedom of information.
For the reasons discussed above, in accordance with the provisions of 5
U.S.C. 553 and the authority in the Consumer Product Safety Act, 15 U.S.C.
2051 et seq., CPSC amends part 1015 of title 16, chapter II, of the Code of Federal Regulations, as follows:

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PART 1015PROCEDURES FOR
DISCLOSURE OR PRODUCTION OF
INFORMATION UNDER THE FREEDOM
OF INFORMATION ACT
1. The authority citation for part 1015
continues to read as follows:

Authority: 15 U.S.C. 20512084; 15 U.S.C.
12611278; 15 U.S.C. 14711476; 15 U.S.C.
12111214; 15 U.S.C. 11911204; 15 U.S.C.
80018008; Pub. L. 110278, 122 Stat. 2602;
5 U.S.C. 552.

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2. Amend 1015.1 as follows:
a. In paragraph c, remove the words Secretariat of the Commission and add in their place Assistant General Counsel, Office of the General Counsel, Division of the Secretariat; and b. Add paragraph d.
The addition reads as follows:

1051.1

Purpose and scope.

d The General Counsel is the designated authority for the Commissions Freedom of Information Act FOIA appeals and is responsible for reviewing and responding to appeals from denials or partial denials of requests for records under this chapter.
3. Revise 1015.2 to read as follows:
1015.2

Public inspection.

a The Consumer Product Safety Commission CPSC will maintain in a public reference room or area the materials relating to the CPSC that are required by 5 U.S.C. 552a2 and 552a5 to be made available for public inspection in an electronic format. The principal location will be in the Office of the General Counsel, Division of the Secretariat. The address of this office is:
Office of the General Counsel, Division of the Secretariat, Consumer Product Safety Commission, Room 820, 4330
East-West Highway, Bethesda, MD
20814.
b The CPSC will maintain an electronic reading room on the internet at: https www.cpsc.gov for records that are required by 5 U.S.C. 552a2 to be available by computer telecommunications. Records that the FOIA requires CPSC to make available for public inspection in an electronic format can be accessed through the CPSCs FOIA web page, which is accessible by visiting: https
www.cpsc.gov.
c Subject to the requirements of section 6 of the Consumer Product Safety Act CPSA, the CPSC will make available for public inspection in an electronic format, copies of all records, regardless of form or format, which:
1 Have been released to any person under 5 U.S.C. 552a3;
2 Because of the nature of their subject matter, the FOIA Office determines have become or are likely to become the subject of subsequent requests for substantially the same records; or 3 Have been requested three or more times.
1015.3

Amended
4. Amend 1015.3 as follows:
a. In paragraph a, remove the word Secretariat and add in its place the

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words Chief FOIA Officer and remove cpsc-foia@cpsc.gov and add in its place cpscfoiarequests@cpsc.gov; and b. In paragraphs d and e, remove the word Secretariat and add in its place the words Chief FOIA Officer.
5. Revise 1015.4 to read as follows:
1015.4 Responses to requests for records; responsibility.

The ultimate responsibility for responding to requests for records is vested in the Chief FOIA Officer of the Consumer Product Safety Commission.
The Chief FOIA Officer, or the delegate of the Chief FOIA Officer, can respond directly, or forward the request to any other office of the CPSC for response.
The Chief FOIA Officers response shall be in the form set forth in 1015.7d, for action on appeal. If no response is made by the FOIA Office within 20
working days, or any extension of the 20-day period, the requester and the General Counsel or the delegate of the General Counsel can take the action specified in 1015.7e.
6. Amend 1015.5 by revising paragraphs a through d, f, g introductory text, g3 through 5, and h to read as follows:
1015.5 Time limitation on responses to requests for records and requests for expedited processing.

a The Chief FOIA Officer, or the delegate of the Chief FOIA Officer, shall respond to all written requests for records within twenty 20 working days excepting Saturdays, Sundays, and legal public holidays. The time limitations on responses to requests for records submitted by mail shall begin to run at the time a request for records is received and date-stamped by the Office of the General Counsel, Division of the Secretariat. The Office of the General Counsel, Division of the Secretariat shall date-stamp the request the same day that it receives the request. The time limitations on responses to requests for records submitted electronically during working hours 8 a.m. to 4:30 p.m. EST
shall begin to run at the time the request was electronically received, and the time limitations on responses to requests for records submitted electronically during non-working hours will begin to run when working hours resume.
b The time for responding to requests for records can be extended by the Chief FOIA Officer at the initial stage, or by the General Counsel, at the appellate stage, up to an additional ten 10 working days, under the following unusual circumstances:
1 The need to search for and collect the requested records from field
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