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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules All comments received will be posted without change to www.fmshrc.gov/
content/proposed-foia-rules, including any personal information provided.
FOR FURTHER INFORMATION CONTACT:

Michael A. McCord, General Counsel, 2024349900, MMccord@fmshrc.gov.
SUPPLEMENTARY INFORMATION:

khammond on DSKJM1Z7X2PROD with PROPOSALS

I. Background The Commission is an independent adjudicatory agency that provides hearings and appellate review of cases arising under the Federal Mine Safety and Health Act of 1977 the Mine Act. Hearings are held before the Commissions Administrative Law Judges, and appellate review is provided by a five-member Review Commission appointed by the President and confirmed by the Senate.
In accordance with the amendments made by the FOIA Improvement Act of 2016, Public Law 114185, 130 Stat.
538, to the Freedom of Information Act, 5 U.S.C. 552, the Commission is proposing to revise its rules on procedures for the disclosure of records under the FOIA, including procedures for engaging in dispute resolution through the FOIA Public Liaison and the Office of Government Information Services OGIS and the requirement that requesters be given a minimum of 90 days to file an administrative FOIA
appeal.
Additionally, the proposed revisions include clarification on the types of information that a requester must provide in order to facilitate a FOIA
search of the agencys records, additional circumstances under which expedited processing will be granted, and increases in certain fees. Based on its years of experience in implementing the FOIA, the Commission is proposing the changes set forth below in its FOIA
rules to better reflect agency practice under the rules and to clarify our FOIA
processes to the requester community.
Lastly, while the proposed rules retain much of the substantive practices and procedures in effect prior to this proposal, they have been extensively reorganized under new section headers and paragraph headers. The Commission is also proposing adding two new procedural rules, one addressing confidential commercial Information and the other addressing the preservation of records.

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II. Section-by-Section Analysis Part 2702Regulations Implementing the Freedom of Information Act 2702.3 through 2702.8 Redesignated Old section
New sections
2702.3b
2702.3c
2702.3d
2702.3e
2702.3f
2702.3g
2702.4
2702.5
2702.6
2702.7
2702.8

2702.4a and d1, 2702.5
2702.4b and c 2702.4b2
2702.4b3
2702.4d3, 2702.5e 2702.4d2
2702.7
2702.8
2702.9
2702.10
2702.11

29 CFR 2702.1
The Commission is revising 29 CFR
2702.1 to explain that the purpose of these rules is to establish procedures to implement the FOIA as amended by the FOIA Improvement Act of 2016. The Commission is also amending 29 CFR
2702.1 to make three non-substantive revisions: 1 Adding the short name of the Mine Act for the Mine statute; 2
clarifying that the Commission reviews legal disputes between private parties arising under the Mine Act; and 3
updating reference to the Commissions website to include that the FOIA guide is located specifically at the web address https www.fmshrc.gov/guides/
foia-guide.
29 CFR 2702.3
The Commission is revising 29 CFR
2702.3 to limit the sections focus to the proper procedure for making a FOIA
request and to reorganize the information provided in the rule so that the requirements are more reader friendly. In addition, new paragraph headers have been added.
The information in 2702.3a, which was previously provided in paragraph form, has been enumerated, thereby making it easier to identify the number of requirements that must be met and to distinguish each requirement.
Pursuant to the authority of 5 U.S.C.
552a3A, a new requirement has been added at newly added 2702.3a3, which requires requesters seeking information from cases that have come before or are currently before the Commission to provide the Commission assigned docket number beginning with CENT, KENT, LAKE, PENN, SE, VA, WEST, WEVA or YORK
and/or the related Mine Safety and Health Administration MSHA issued citation or order number not to be confused with the MSHA case number when making a request. This change is consistent with long-standing
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Commission practice and is necessary in order to effectively search the Commissions docketing database.
In newly added 2702.3a4, the language shall describe the particular record requested to the fullest extent possible has been replaced with reasonably describe the particular records requested. Reasonably describe is taken directly from the FOIA, 5 U.S.C. 552a3A.
The information previously contained in 2702.3b, f, and g, which explained the Commissions procedure for responding to requests and the FOIA
appeals process, has been redesignated as new 2702.4 and 2702.5. New 2702.3b now briefly explains the format and timing of requests for expedited processing and for fee waivers.
The information previously contained in 2702.3c, which explained the Commissions procedure for taking additional time to process requests involving unusual circumstances, has been redesignated as new 2702.4. New 2702.3c advises individuals to refer to the Commissions Privacy Act regulations for instructions if seeking records on him or herself that do not include cases currently or previously on review before the Commission.
The information previously contained in 2702.3d discussing additional time to respond has been redesignated as new 2702.4b. New 2702.3d now explains the procedure for properly submitting a FOIA request to the Commission.
The information previously contained in 2702.3e discussing expedited processing has been redesignated as newly added 2702.4b3.
29 CFR 2702.4
The information previously contained in 2702.4, which explained the types of records generally maintained by the Commission and how they may be publicly accessed, has been redesignated as new 2702.7.
Section 2702.4 now contains language previously found in 2702.3. This section now clarifies the Commissions procedures for responding to requests, processing requests, and making request determinations, and explains its longstanding multi-track processing system.
Much of this information was relocated from 2702.3.
The information in 2702.4a generally explains the Commissions timetable for making a determination on a FOIA request. It notes that, generally, the Commission will respond to requests in the order they are received.
This is not intended as a restriction on
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