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Federal Register / Vol. 86, No. 165 / Monday, August 30, 2021 / Proposed Rules fees, such requests will be aggregated and fees assessed accordingly.
f Clarification of records use. Where the FOIA officer has reasonable cause to doubt the use to which a requester will put the records sought, or where that use is not clear from the request itself, the FOIA officer may seek clarification from the requester before assigning the request to a specific category for fee assessment purposes.

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2702.9

Fee schedule.

a Search fee. The fee for searching for information and records shall be the salary rate that is, basic pay plus 16%
of the employee making the search. This hourly rate is listed in the Commissions FOIA Guide at https www.fmshrc.gov/
guides/foia-guide. Fees for searches of computerized records shall be the actual cost to the Commission but shall not exceed $300 per hour. This fee includes machine time and that of the operator and clerical personnel. If search charges are likely to exceed $50, the requester shall be notified of the estimated amount of fees, unless the requester has indicated in advance his willingness to pay fees as high as those anticipated.
Fees may be charged even if the documents are not located or if they are located but withheld on the basis of an exemption.
b Review fee. The review fee shall be charged for the Chief FOIA Officers initial examination of documents located in response to a request in order to determine if they may be withheld from disclosure, and for the deletion of portions that are exempt from disclosure, but shall not be charged for review by the Chair or the Commissioners. See 2702.5. The review fee is the salary rate that is, basic pay plus 16% of the Chief FOIA
Officer or the employee designated to perform the review. This hourly rate is listed in the Commissions FOIA Guide at https www.fmshrc.gov/guides/foiaguide.
c Duplicating fee. The copy fee for each page of paper up to 812 x 14, including the scanning of pages not routinely stored in electronic format, shall be $.25 per page. When the use of third-party services is required, the fee will be the actual direct cost incurred by the Commission. For copies of records produced on tapes, disks, or other media, the Commission shall charge the direct costs of production of the material, including operator time. For other methods of reproduction or duplication, the Commission will charge the actual direct costs of producing the documents. If duplication charges are likely to exceed $50, the requester shall be notified of
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the estimated amount of fees, unless the requester has indicated in advance his willingness to pay fees as high as those anticipated.
2702.10

Waivers and reduction of fees.

a Automatic fee waiver. No fees shall be charged to any requester, including commercial use requesters, if the anticipated cost of processing and collecting the fee would be equal to or greater than the fee itself. Accordingly, the Commission has determined that fees of less than $20 shall be waived.
b Request for fee waiver or reduction. A request for fee waiver or reduction shall be made in writing and shall address the criteria outlined in paragraphs b1 through 6 of this section. The request should be submitted with the original request for information filed pursuant to 2702.3a. If the request is granted, the documents shall be furnished without any charge, or at a charge reduced below the fees otherwise applicable. A waiver or reduction of fees will be granted only if disclosure of the information is determined to be in the public interest because it is likely to contribute significantly to public understanding of the operations or activities of the government and is not primarily in the commercial interest of the requester.
The following six factors will be employed in determining when such fees shall be waived or reduced:
1 The subject of the request: Whether the subject of the requested records concerns the operations or activities of the government;
2 The informative value of the information to be disclosed: Whether the disclosure is likely to contribute to an understanding of government operations or activities;
3 The contribution to an understanding of the subject by the general public likely to result from disclosure: Whether disclosure of the requested information will contribute to public understanding;
4 The significance of contribution to public understanding: Whether the disclosure is likely to contribute significantly to public understanding of government operations or activities;
5 The existence and magnitude of a commercial interest: Whether the requester has a commercial interest that would be furthered by the requested disclosure; and 6 The primary interest in disclosure:
Whether the magnitude of any identified commercial interest of the requester is sufficiently large, in comparison with the public interest in disclosure, that disclosure is primarily in the commercial interest of the requester.

c Determination. The Chief FOIA
Officer, upon request, shall determine whether a waiver or reduction of fees is warranted.

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2702. 11 Payment of fees; advance payments; interest; debt collection.

a Payment of fees. Upon receipt of the invoice or statement detailing the charges incurred for processing, the requester shall make payment within 30
calendar days to the Federal Mine Safety and Health Review Commission or FMSHRC, Attention: Office of the Executive Director, 1331 Pennsylvania Avenue NW, Suite 520N, Washington, DC 200041710.
b Advance payment. Before work is commenced or continued on a request, advance payment may be required if the charges are likely to exceed $250.
c Delinquent requesters. Requesters who have previously failed to pay FOIA
processing fees associated with a prior request, within the time mandated by paragraph a of this section, and are unable to demonstrate that the fee was previously paid, may be required to first pay the unpaid balance plus any applicable interest and then make an advance payment of the full amount of the estimated fee before the new or pending request is processed.
d Interest charges. Interest charges may be assessed on any unpaid bill starting on the 31st day following the day on which the billing was sent, at the rate prescribed in 31 U.S.C. 3717, and will accrue from the date of billing.
e Debt collection. The Debt Collection Act of 1982, Public Law 97
365, including disclosure to consumer credit reporting agencies and the use of collection agencies, will be utilized to encourage payment where appropriate.
2702.12

Preservation of records.

Pursuant to title 44 of the United States Code or the General Records Schedule 4.2 of the National Archives and Records Administration, the Commission preserves all correspondence pertaining to requests received under this part, as well as copies of all requested records for six years following final agency action or three years after final adjudication by the courts, whichever is later. The Commission will not dispose of or destroy records while they are the subject of a pending request, appeal, or lawsuit under the FOIA.
Dated: August 25, 2021.
Arthur R. Traynor, III
Chair, Federal Mine Safety and Health Review Commission.
FR Doc. 202118623 Filed 82721; 8:45 am BILLING CODE 673501P

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