[Code of Federal Regulations]
[Title 29, Volume 9]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR2201.7]

[Page 293-294]
 
                             TITLE 29--LABOR
 
      CHAPTER XX--OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION
 
PART 2201_REGULATIONS IMPLEMENTING THE FREEDOM OF INFORMATION ACT
--Table of Contents
 
Sec. 2201.7  Responses to requests.

    (a) Responses within 20 working days. The Review Commission Freedom 
of Information Act Officer will either grant or deny a request for 
records within 20 working days after receiving the request.
    (b) Extensions of response time in unusual circumstances. In unusual 
circumstances, the Review Commission may extend the time limit 
prescribed in paragraph (a) of this section by not more than 10 working 
days. The extension may be made by written or telephonic notice to the 
requester and will include an explanation of the reasons for the 
extension and will indicate the date on which a determination is 
expected to be made. ``Unusual circumstances'' exists, but only to the 
extent reasonably necessary to the proper processing of the particular 
request, when there is a need to:
    (1) Search for and collect the requested records from field 
facilities or other establishments separate from the office processing 
the request;
    (2) Search for, collect, and appropriately examine a voluminous 
amount of separate and distinct records which are demanded in a single 
request; or
    (3) Consult, with all practicable speed, with another agency having 
a substantial interest in the determination of the request or among two 
or more components within the Review Commission having substantial 
subject-matter interest therein.
    (c) Additional extension. A requester shall be notified when it 
appears that a request cannot be completed within the allowable time (20 
working days plus a 10 working day extension). In such instances, the 
requester will be provided an opportunity to limit the scope of the 
request so that it may be processed in the time limit, or to agree to a 
reasonable alternative time frame for processing.
    (d) Multitrack processing. To ensure the most equitable treatment 
possible for all requesters, the Commission will process requests on a 
first-in, first-out basis using a two track processing system based upon 
the estimated time it will take to process the request.
    (1) The first track is for requests of simple to moderate complexity 
that are expected to be completed within 20 working days.
    (2) The second track is for requests involving ``unusual 
circumstances'' that are expected to take between 21 to 30 working days 
to complete and those that, because of their unusual volume or other 
complexity, are expected to take more than 30 working days to complete.
    (3) Requesters should assume, unless notified by the Review 
Commission, that their request is in the first track. The Review 
Commission will notify requesters when their request is placed in the 
second track for processing and that notification will include the 
estimated time for completion. Should subsequent information 
substantially change the estimated time to process a request, the 
requester will be notified telephonically or in writing. In the case of 
a request expected to take more than 30 working day for action, a 
requester may modify the request to allow it to be processed faster or 
to reduce the cost of processing. Partial responses may be sent to 
requesters as documents are obtained by the FOIA office from the 
supplying offices.
    (e) Expedited processing. (1) The Commission may place a person's 
request at the front of the queue for the appropriate track for that 
request upon receipt of a written request that clearly demonstrates a 
compelling need for expedited processing. Requesters must provide 
detailed explanations to support their expedited requests. For purposes 
of determining expedited processing, the term compelling need means:
    (i) That a failure to obtain requested records on an expedited basis 
could reasonably be expected to pose an imminent threat to the life or 
physical safety of any individual; or
    (ii) That a request is made by a person primarily engaged in 
disseminating information, and that person establishes that there is an 
urgency to inform the public concerning actual or alleged Federal 
Government activity.

[[Page 294]]

    (2) A person requesting expedited processing must include a 
statement certifying the compelling need given to be true and correct to 
the best of his or her knowledge and belief. The certification 
requirement may be waived by the Review Commission as a matter of agency 
discretion.
    (3) The FOIA Officer will make the initial determination whether to 
grant or deny a request for expedited processing and will notify a 
requester within 10 calendar days after receiving the request whether 
its processing will be expedited.
    (4) Administrative appeals of a denial of an expedited processing 
request will be handled with expeditious consideration.
    (f) Content of denial. When the Freedom of Information Act Officer 
denies a request, the notice of the denial shall state the reason for it 
and that the denial may be appealed as specified in paragraph (g) of 
this section. A refusal by the Freedom of Information Act Officer to 
process the request because the requester has not made advance payment 
or given a satisfactory assurance of full payment required under Sec. 
2201.8(f) may be treated as a denial of the request and appealed under 
paragraph (g) of this section. When release of entire records is denied 
in whole or in part, a reasonable effort will be made to estimate the 
volume of any requested matter that is denied, unless providing such an 
estimate would harm an interest protected by the exemption(s) under 
which the matter has been denied.
    (g) Appeal of denial. A denial of a request may be appealed in 
writing to the Chairman of the Commission within 30 working days after 
the requester receives notice of the denial. The Chairman shall act on 
the appeal under 5 U.S.C. 552(a)(6)(ii) within 20 working days after the 
receipt of the appeal. If the Chairman wholly or partially upholds the 
denial of the request, he shall notify the requesting person that he may 
obtain judicial review of the Chairman's action under 5 U.S.C. 
552(a)(4)(B)-(G).
    (h) Deletions. The amount of information deleted from records shall 
be indicated on the released portion of the record, unless including 
that indication would harm an interest protected by the exemption under 
which the deletion is made. If technically feasible, the amount of the 
information deleted shall be indicated at the place in the record where 
the deletion is made.

[53 FR 17930, May 19, 1988, as amended at 65 FR 24131, Apr. 25, 2000]