[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2702.3]

[Page 650-652]
 
                             TITLE 29--LABOR
 
     CHAPTER XXVII--FEDERAL MINE SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2702--REGULATIONS IMPLEMENTING THE FREEDOM OF INFORMATION ACT--Table of Contents
 
Sec. 2702.3  Requests for information.

    (a) All requests for information should be in writing and should be 
mailed or delivered to Executive Director, Federal Mine Safety and 
Health Review Commission, 6th Floor, 1730 K Street NW., Washington, DC 
20006-3867. The words ``Freedom of Information Act Request'' should be 
printed on the face of the envelope. Requests for information shall 
describe the particular record requested to the fullest extent possible 
and specify the preferred form or format (including electronic formats) 
of the response. The Commission shall accommodate requesters as to form 
or format if the record is readily reproducible in the requested form or 
format. When requesters do not specify the preferred form or format of 
the response, the Commission shall respond in the form or format in 
which the record is most accessible to the Commission.
    (b) A determination whether to comply with the request will be made 
by the Executive Director, with the consent of a majority of the 
Commissioners. In the event of a tie vote of the Commissioners regarding 
the Executive Director's determination whether to comply with a request, 
the Executive Director's recommendation will be deemed approved by the 
Commission. Except in unusual circumstances, as described in paragraph 
(c) of this section the determination will be made within 20 working 
days of receipt. Appeals of adverse decisions may be made, in writing, 
to the Chairman of the Commission, at the same address, within 20 
working days. Determination of appeals will be made by the Chairman 
within 20 working days after receipt. If the records to be disclosed are

[[Page 651]]

not provided with the initial letter setting forth the determination as 
to the request, the records will be sent as soon as possible thereafter.
    (c)(1) In unusual circumstances as described in this paragraph, when 
additional time is needed to respond to the initial request, the 
Commission shall acknowledge the request in writing within the 20-day 
period, describe the circumstances requiring the delay, and indicate the 
anticipated date for a substantive response that may not exceed 10 
additional working days, except as provided in paragraph (d) of this 
section. With respect to a request for which a written notice has 
extended the time limit by 10 additional working days, and the 
Commission determines that it cannot make a response determination 
within that additional 10 working day period, the requester will be 
notified and provided an opportunity to limit the scope of the request 
so that it may be processed within the extended time limit, or an 
opportunity to arrange an alternative time frame for processing the 
request or a modified request. Refusal by the requester to reasonably 
modify the request or arrange for an alternative time frame shall be 
considered as a factor in determining whether exceptional circumstances 
exist for purposes of paragraph (d) of this section. For purposes of 
this paragraph, ``unusual circumstances'' that may justify a delay are:
    (i) The need to search for and collect the requested records from 
other facilities that are separate from the office processing the 
request;
    (ii) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records that are requested in 
a single request;
    (iii) The need for consultation, 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 
agency having substantial subject matter interest in the request; or
    (iv) The need to consult with the submitter of requested 
information.
    (2) Whenever it reasonably appears that certain requests 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 paragraph, and the requests involve 
clearly related matters, such requests may be aggregated for purposes of 
this paragraph. Multiple requests involving unrelated matters will not 
be aggregated.
    (d) In the event that the Commission is unable to comply with the 
time limits for responding to a request specified in paragraphs (a) and 
(c) of this section, it may request additional time to complete its 
review of the records, and request a court to retain jurisdiction and 
allow it such additional time to complete its review, if it can show 
that exceptional circumstances exist and that it is exercising due 
diligence in responding to the request. For purposes of this paragraph, 
``exceptional circumstances'' do not include a delay that results from a 
predictable workload of requests, unless the agency demonstrates 
reasonable progress in reducing its backlog of pending requests. Refusal 
by a person to reasonably modify the scope of a request or arrange an 
alternative time frame for processing the request (or a modified 
request) under paragraph (c) of this section shall be considered as a 
factor in determining whether exceptional circumstances exist for 
purposes of this paragraph.
    (e)(1) A person requesting records from the Commission pursuant to 
this section may request expedited processing of his request in cases in 
which he can demonstrate a compelling need for the records requested. 
For purposes of this paragraph a compelling need means:
    (i) That a failure to obtain the requested records on an expedited 
basis could reasonably be expected to pose an imminent threat to the 
life or physical safety of an individual; or
    (ii) The information is urgently needed by a person primarily 
engaged in disseminating information in order to inform the public 
concerning actual or alleged Federal Government activity.
    (2) A demonstration of compelling need by a person making a request 
for expedited processing shall be made by a statement certified by such 
person to

[[Page 652]]

be true and correct to the best of his knowledge and belief. Notice of 
the determination whether to grant expedited processing in response to a 
requester's claim of compelling need shall be provided to the person 
making the request within 10 calendar days after receipt of the request. 
The Commission will provide expeditious consideration of administrative 
appeals of determinations 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.
    (f) In denying a request for records, in whole or in part, the 
Commission shall 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.
    (g) Any reasonably segregable portion of a record shall be provided 
to the person requesting it after the deletion of any exempt portions of 
the record. The amount of information deleted shall be indicated on the 
released portion 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.

[62 FR 55335, Oct. 24, 1997]