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khammond on DSKJM1Z7X2PROD with PROPOSALS

Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules by the same requester, or a group of requesters acting in concert, actually constitute a single request that would otherwise satisfy the unusual circumstances specified in this section, and the requests involve clearly related matters, such requests may be aggregated for purposes of this paragraph c. Multiple requests involving unrelated matters will not be aggregated.
d Determinations.
1 Full grant of request. Unless a Commission FOIA officer reasonably foresees that disclosure would harm an interest protected by one of the nine statutory exemptions found at 5 U.S.C.
552b or determines that disclosure is prohibited by law, all relevant records obtained through reasonable search efforts shall be provided within the relevant time period described in paragraph b of this section.
2 Partial grant/denial of request.
Any reasonably segregable portions of a record shall be provided to the person requesting it after the deletion of any exempt portions of the record. The applicable exemptions and the amount of information deleted shall be indicated on the released portions of the record, at the place in the record the deletion is made if technically feasible, unless indicating the extent of the deletion would harm an interest protected by the exemption pursuant to which the deletion is made.
3 Denial of request. In denying a request for records, the Commission shall state the reason for the denial and the applicable exemption; set forth the name and title or position of the person responsible for the denial of the request;
make a reasonable effort to estimate the volume of the records denied; and provide this estimate to the person making the request, unless providing such an estimate would harm an interest protected by the exemption pursuant to which the request is denied.
4 Determination of request to expedite. Notice of the determination whether to grant expedited processing in response to a requesters claim of compelling need shall be provided to the person making the request within 10
days after receipt of the request for expedited processing.
5 Determination of fee waiver/
reduction request. The Chief FOIA
Officer or designated employee, upon request, shall determine whether a waiver or reduction of fees is warranted.
See 2702.10 for additional information.
e Dispute resolution. At any time during the processing of a request, requesters may seek dispute resolution assistance from the Commissions FOIA

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Public Liaison at FOIA-Liaison@
fmshrc.gov. In the event of an adverse determination, requesters may file an appeal in accordance with 2702.5 and/
or obtain mediation and dispute resolution services from the Commissions FOIA Public Liaison, as well as from the Office of Government Information Services OGIS at https archives.gov/ogis. Additional information regarding dispute resolution can be found on the Commissions website at https
www.fmshrc.gov/content/foia-publicliaison.
2702.5

Right to appeal.

a Generally. Any requester adversely affected by a final decision of the Commissions FOIA Office may file an appeal of that decision within 90 days of the initial determination. All FOIA
appeals must be in writing and shall be made to the Chair of the Commission.
Sitting Commissioners will decide appeals within 20 business days after receipt. In the event that a sitting Commissioner is the subject of the disputed FOIA records or has a substantial interest in the disputed records, that Commissioner should be recused from consideration of said FOIA
appeal. In the event of a tie vote of those Commissioners, the FOIA Offices initial determination will be deemed approved by the Commission. Appeals must be submitted via email, mail, fax or hand delivery to FOIA-appeals@fmshrc.gov, Federal Mine Safety and Health Review Commission, 1331 Pennsylvania Avenue NW, Suite 520N, Washington, DC 200041710, Fax: 2024349944.
b Appeal of denial or partial denial of information request. The appeal must include a copy of the initial FOIA
request, a copy of the determination denying the request in whole or in part, and a detailed statement explaining why the initial determination should be reversed. Any records to be disclosed by the Commission to the requester shall be provided with the letter setting forth the determination as to the appeal or shall be sent as soon as possible thereafter.
c Appeal of denial of request to expedite. The appeal must include a copy of the initial request to expedite, a copy of the determination denying the request, and a detailed explanation demonstrating a compelling need as stated in 2702.4b3. The Commission will provide expeditious consideration of administrative appeals of determinations on whether to provide expedited processing. Once a determination has been made to grant expedited processing, the Commission will process the request as soon as practicable.

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d Appeal of denial of fee waiver or reduction. The appeal must include a copy of the initial fee waiver/reduction request, a copy of the determination denying the request, and a detailed statement explaining how the request satisfies one or more requirements in 2702.10b.
e Denial of appeal. If an appeal is denied, the Commissions notice of denial shall inform the requester of the right to obtain judicial review of the Commissions action under 5 U.S.C.
552a4BG. The requester may appeal the Commissions decision by filing a complaint in the district court of the United States in the district in which the complainant resides, or has its principal place of business, or in which the agency records are situated, or in the District of Columbia.
2702.6 Confidential commercial information.

a Definitions.
1 Confidential commercial information means commercial or financial information obtained by the agency from a submitter that may be protected from disclosure under Exemption 4 of the FOIA, 5 U.S.C.
52b4.
2 Submitter means any person or entity, including a corporation, State, or foreign government, but not including another Federal Government entity, that provides confidential commercial information, either directly or indirectly to the Federal Government.
b Designation of confidential commercial information. A submitter of confidential commercial information must use good faith efforts to designate by appropriate markings, at the time of submission, any portion of its submission that it considers to be protected from disclosure under Exemption 4. These designations expire 10 years after the date of the submission unless the submitter requests and provides justification for a longer designation period.
c When notice to submitters is required.
1 The Commission will promptly provide written notice to the submitter of confidential commercial information whenever records containing such information are requested under the FOIA if the Commission determines that it may be required to disclose the records, provided:
i The requested information has been designated in good faith by the submitter as information considered protected from disclosure under Exemption 4; or ii The Commission has a reason to believe that the requested information
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