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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules require clarification from the requester at times in order to determine proper fee category. The remainder of the section contains several minor stylistic changes to sentence structure, and descriptive headers/titles have also been added to each paragraph.
29 CFR 2702.9
Newly added 2702.9 contains the information previously found in 2702.6 under the same header, Fee schedule. This transferred content continues to outline the various fees charged by the Commission for its FOIA
services. Substantively, the language of the section remains largely the same.
There are minor revisions to paragraphs a and b to reflect a more accurate website location and paragraph b to reflect the proper rule citation in light of these amendments. The website address in paragraphs a and b has been modified to include the direct website address for the Commissions FOIA Guide. In paragraph b, we also removed the word Chairman and added, in its place, the word Chair.
The Commission is amending the language of paragraph c to state that duplication fees will be charged for records that are not routinely kept in electronic format and must be scanned for purposes of satisfying a FOIA
request. Additionally, the Commission is amending the duplication fee from $0.15 per page to $0.25 per page to account for the cost of inflation. As most of our records are in electronic format, we expect this increase to have very little impact on the requester community.

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29 CFR 2702.10
Newly added 2702.10 contains the information previously found in 2702.7 under former header No fees;
waiver or reduction of fees. Now under revised header Waivers and reduction of fees, this section continues to explain the circumstances under which fees will not be charged and under what circumstances a fee waiver will be granted.
Substantively, the language of the section remains largely the same.
Paragraph b has been minimally revised to include additional information on the proper Commission procedure for requesting a fee waiver, which is also stated in amended 2702.3b. Paragraph b has been revised to reflect the proper rule citation in light of these amendments and descriptive headers/titles have been added to paragraphs a and b.

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29 CFR 2702.11
Newly added 2702.11 under header Payment of fees; advance payments;
interest, debt collection, contains the information previously found in 2702.8 under former header Advance payment of fees; interest; debt collection procedures. This section continues to explain when advance payment of fees could be required, when interest charges could be assessed, and that delinquent payments would be referred to debt collection.
Substantively, the language of the section remains the same with one key exception. New paragraph a now explains the process for remitting payment to the Commission for FOIA
services rendered. Additionally, paragraph b, formerly paragraph a, has been reworded for concision, but substantively remains the same.
Descriptive headers/titles have also been added to each paragraph.
29 CFR 2702.12
Newly added 2702.12 under header Preservation of records, is a new addition to the Commissions FOIA
rules. This section explains the Commissions procedure and time frames for the maintenance of its FOIA
records. We believe this section will be very helpful for FOIA requesters who seek records going back a certain number of years and who are trying to determine the scope of their request prior to submission. This is a relatively common occurrence with Commission FOIA requests. This rule is intended to decrease processing times by eliminating the added correspondence that often ensues as a result of a requester seeking records that are outside of the required maintenance period.
III. Matters of Regulatory Procedure The Commission is an independent regulatory agency, and as such, is not subject to the requirements of Executive Order E.O. 12866 Sept. 30, 1993; 58
FR 51735, Oct. 4, 1993; E.O. 13563 Jan.
18, 2011; 76 FR 3821, Jan. 21, 2011;
E.O. 13771 Jan. 30, 2017; 82 FR 9339, Feb. 3, 2017; or E.O. 13777 Jan. 30, 2017; 82 FR 12285, Mar. 1, 2017. The proposed regulatory amendments also do not have Federal implications or substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, E.O.
13132 is not applicable.
The Commissions Chair has determined that this proposed rule will
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not have a significant economic impact on a substantial number of small entities under the Regulatory Flexibility Act RFA 5 U.S.C. 605
due to the limited scope of the rule and its impact of streamlining the procedures required under FOIA. The Commission has also determined that the Paperwork Reduction Act 44 U.S.C.
3501 et seq. does not apply because these rules do not contain any information collection requirements that require the approval of the OMB.
List of Subjects in 29 CFR Part 2702
Administrative practice and procedure, Appeals, Confidential commercial information, Freedom of information, Privacy.
For the reasons stated in the preamble, the Federal Mine Safety and Health Review Commission proposes to revise 29 CFR part 2702 to read as follows:
PART 2702REGULATIONS
IMPLEMENTING THE FREEDOM OF
INFORMATION ACT
Sec.
2702.1 Purpose and scope.
2702.2 Location of offices.
2702.3 Making a request for information.
2702.4 Response to request; processing;
determinations.
2702.5 Right to appeal.
2702.6 Confidential commercial information.
2702.7 Materials available.
2702.8 Categories of requesters and applicable fees.
2702.9 Fee schedule.
2702.10 Waivers and reduction of fees.
2702.11 Payment of fees; advance payments; interest; debt collection.
2702.12 Preservation of records.
Authority: 30 U.S.C. 801 et seq.; 5 U.S.C.
551, 552, and 552a and 44 U.S.C. 3102 as amended by Public Law 104231, 110 Stat.
3048, Public Law 110175, 121 Stat. 2524, and Public Law 114185, 130 Stat. 538; E.O.
13392, 70 FR 75373, 3 CFR, 2005 Comp., p.
216.
2702.1

Purpose and scope.

The Federal Mine Safety and Health Review Commission Commission, pursuant to the Federal Mine Safety and Health Act of 1977 the Mine Act, 30
U.S.C. 801 et seq., is an independent adjudicative agency that provides administrative trial and appellate review of legal disputes arising between the U.S. Department of Labors Mine Safety and Health Administration MSHA and private parties, as well as certain disputes solely between private parties arising under the Mine Act. The purpose of the rules in this part is to establish procedures for implementing the Freedom of Information Act FOIA, 5 U.S.C. 552, as amended by the
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