Voglio sapere a riguardo di…

khammond on DSKJM1Z7X2PROD with RULES

7504

Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Rules and Regulations
facilities or other establishments that are separate from the Office of the General Counsel, Division of the Secretariat;
2 The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records that are demanded in a single request;
or 3 The need to consult, 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 CPSC having substantial subject matter interest.
c Any extension of time must be accompanied by written notice to the person making the request, setting forth the reasons for such extension, and the time within which a response is expected.
d If the Chief FOIA Officer at the initial stage, or the General Counsel at the appellate stage, determines that an extension of time greater than ten 10
working days is necessary to respond to a request satisfying the unusual circumstances specified in paragraph b of this section, the Chief FOIA
Officer, or the General Counsel, shall notify the requester, and give the requester the opportunity to:
1 Limit the scope of the request so that it may be processed within the time limit prescribed in paragraph b of this section; or 2 Arrange with the Chief FOIA
Officer, or the General Counsel, an alternative time frame for processing the request or a modified request.

f The Chief FOIA Officer, or the delegate of the Chief FOIA Officer, may aggregate and process as a single request, requests by the same requester, or a group of requesters acting in concert, if the Chief FOIA Officer, or delegate, reasonably believes that the requests actually constitute a single request that would otherwise satisfy the unusual circumstances specified in paragraph b of this section, and the requests involve clearly related matters.
g The Chief FOIA Officer, or the delegate of the Chief FOIA Officer, will provide expedited processing of requests in cases where the requester requests expedited processing and demonstrates a compelling need for such processing.

3 The Chief FOIA Officer or the delegate of the Chief FOIA Officer will determine whether to grant a request for expedited processing and will notify the requester of such determination within ten 10 calendar days of receipt of the request.

VerDate Sep<11>2014

16:07 Jan 28, 2021

Jkt 253001

4 Denials of requests for expedited processing may be appealed to the Office of the General Counsel, as set forth in 1015.7. The General Counsel will determine expeditiously any such appeal.
5 The Chief FOIA Officer, or the delegate of the Chief FOIA Officer, will process, as soon as is practicable, the documents responsive to a request for which expedited processing is granted.
h The Chief FOIA Officer may be unable to comply with the time limits set forth in paragraphs a through d of this section, when disclosure of documents responsive to a request under this part is subject to the requirements of section 6 of the Consumer Product Safety Act, 15 U.S.C.
2055, and the regulations implementing that section, 16 CFR part 1101. The Chief FOIA Officer, or the delegate of the Chief FOIA Officer, will notify requesters whose requests will be delayed for this reason.
7. Amend 1015.6 as follows:
a. In paragraphs a and b introductory text, remove the word Secretariat and add in its place the words Chief FOIA Officer;
b. Revise paragraph b4; and c. In paragraph c, remove the word Secretariat and add in its place the words Chief FOIA Officer.
The revision reads as follows:
1015.6

Responses: Form and content.

b
4 A statement that the denial can be appealed to the General Counsel, as specified in 1015.1d. Any such appeal must be made within 90 calendar days after the date of the denial or partial denial from the Chief FOIA
Officer, or the delegate of the Chief FOIA Officer.

8. Amend 1015.7 by revising the section heading and paragraphs a through e and g and removing the parenthetical authority citation at the end of the section to read as follows:
1015.7

Appeals from initial denials.

a When the Chief FOIA Officer, or the delegate of the Chief FOIA Officer, has denied a request for records, in whole or in part, the requester can, within 90 calendar days after the date of the denial or partial denial, appeal the denial to the General Counsel of the Consumer Product Safety Commission, attention: Division of the Secretariat.
Appeals may be submitted through any of the following methods: the e-FOIA
Public Access Link at https
www.cpsc.gov; email to:

PO 00000

Frm 00012

Fmt 4700

Sfmt 4700

cpscfoiarequests@cpsc.gov; U.S. mail to:
4330 East-West Highway, Room 820, Bethesda, MD 20814; or by facsimile to:
3015040127. To facilitate handling, the requester should mark both the appeal letter and envelope, or subject line of the electronic transmission, Freedom of Information Act Appeal.
b The General Counsel will act upon an appeal within 20 working days of its receipt. The time limitations on an appeal submitted by mail shall begin to run at the time an appeal is received and date-stamped by the Division of the Secretariat. The Division of the Secretariat will date-stamp the appeal the same day that it receives the appeal.
The time limitations on an appeal submitted electronically during working hours 8 a.m. to 4:30 p.m. EST shall begin to run at the time the appeal is received electronically; and the time limitations on appeals submitted electronically during non-working hours will begin to run when working hours resume.
c After reviewing the appeal, the General Counsel will issue a decision either to grant or deny the appeal, in whole or in part. If the General Counsel decides to grant the appeal in whole or in part, the General Counsel will inform the requester and submitter of the information, in accordance with 1015.6a and 1015.18b. Thereafter, the Chief FOIA Officer will provide the records in accordance with the General Counsels decision.
d The General Counsel shall have the authority to grant or deny all appeals and, as an exercise of discretion, to disclose records exempt from mandatory disclosure under 5
U.S.C. 552b. In unusual or difficult cases, the General Counsel can, in his/
her discretion, refer an appeal to the Chairman for determination.
e The General Counsels decision on appeal shall be in writing, shall be signed by the General Counsel, and shall constitute final agency action. A
denial in whole or in part of a request on appeal shall set forth the exemption relied upon; a brief explanation, consistent with the purpose of the exemption, of how the exemption applies to the records withheld; and the reasons for asserting it. The decision will inform the requester of the right to seek dispute resolution services from CPSCs FOIA Liaison, or the Office of Government Information Services. A
denial in whole or in part shall also inform the requester of his/her right to seek judicial review of the General Counsels final determination in a
E:FRFM29JAR1.SGM

29JAR1