[Federal Register Volume 62, Number 87 (Tuesday, May 6, 1997)]
[Proposed Rules]
[Pages 24614-24619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11497]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1015


Procedures for Disclosure or Production of Information Under the 
Freedom of Information Act; Amendments

AGENCY: Consumer Product Safety Commission.

ACTION: Proposed amendments to rule.

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SUMMARY: The Electronic Freedom of Information Act Amendments of 1996, 
which amend the Freedom of Information Act, are designed to make 
government documents more accessible to the public in electronic form. 
The amendments are also intended to expedite and streamline the process 
by which agencies disclose information generally. In this notice, the 
Commission proposes amendments to its Freedom of Information Act 
regulations to comply with the requirements of the new statute.

DATES: Comments concerning this proposal must be received in the Office 
of the Secretary no later than July 7, 1997. The amendments are 
proposed to become effective 30 days after their publication in the 
Federal Register in final form.

ADDRESSES: Mail comments concerning this proposal to the Office of the 
Secretary, Consumer Product Safety Commission, Washington, DC 20207, or

[[Page 24615]]

deliver them to room 502, 4330 East West Highway, Bethesda, MD 20814. 
Comments may be seen in the Commission's Public Reading Room, 4330 East 
West Highway, Bethesda, MD 20814.

FOR FURTHER INFORMATION CONTACT: Jayme Rizzolo Epstein, Office of the 
General Counsel, Consumer Product Safety Commission, Washington, DC 
20207, telephone (301) 504-0980; or Todd Stevenson, Freedom of 
Information Officer, Office of the Secretary, Consumer Product Safety 
Commission, Washington, DC 20207, telephone (301) 504-0800.

SUPPLEMENTARY INFORMATION:

Background Information

    On October 2, 1996, the President signed into law the Electronic 
Freedom of Information Act Amendments of 1996 (``EFOIA''), Public Law 
231, 110 Stat. 3048 (1996). EFOIA includes provisions authorizing or 
requiring agencies to promulgate regulations implementing certain of 
its requirements, including the tracking of Freedom of Information Act 
(``FOIA'') requests, the aggregation of FOIA requests, and the 
expedited processing of FOIA requests. In addition, EFOIA changes the 
time limit for responding to a FOIA request from ten to twenty days, 
the requirements for reporting regarding FOIA activities to Congress, 
and the cases in which an agency may extend the time within which it 
will respond to a FOIA request. EFOIA also includes provisions 
regarding the availability of documents in electronic form, the 
treatment of electronic records, and the establishment of ``electronic 
reading rooms.''
    The Consumer Product Safety Commission (``Commission'') proposes 
amendments to its regulations implementing the Freedom of Information 
Act, 16 CFR part 1015. The proposed amendments would revise the 
Commission's FOIA regulations to comply with EFOIA.

New Provisions

A. Electronic Records

    Section 3 of EFOIA amends 5 USC 552(f) to define ``record'' for 
purposes of FOIA as including ``any information that would be an agency 
record subject to the requirements of (5 USC section 552) when 
maintained by an agency in any format, including an electronic 
format.'' Section 552(f) thus clarifies that the term ``agency record'' 
includes information stored on computer as well as traditional paper 
documents. The proposed regulations amend 16 CFR 1015.1(a) by adding 
language to reflect this definition of ``record'' and to clarify that 
the Commission produces all releasable records responsive to a FOIA 
request, whether in traditional paper or electronic form.

B. Electronic Reading Room

    FOIA section 552(a)(2) requires agencies to make available for 
inspection and copying the following: (1) Final opinions and orders 
made in adjudicated cases; (2) statements of policy and interpretations 
not published in the Federal Register; and (3) administrative staff 
manuals and instructions to staff that affect the public. 5 U.S.C. 
552(a)(2). As stated in the Commission's FOIA regulations, the 
Commission maintains these materials in its Public Information Center. 
16 CFR 1015.2(a). EFOIA adds a fourth category to the materials that 
agencies must place in their reading rooms:

    Copies of all records * * * which have been released to any 
person under [FOIA] and which, because of the nature of their 
subject matter, the agency determines have become or are likely to 
become the subject of subsequent requests for substantially the same 
records.

EFOIA sec. 4; 5 USC Sec. 552(a)(2)(D).
    EFOIA further requires agencies to make available by ``computer 
telecommunications'' all reading room materials that are created on or 
after November 1, 1996. The statute envisions that each agency will 
ultimately have both a traditional reading room and a new ``electronic 
reading room'' on the World-Wide Web.
    Proposed regulation 1015.2(c) states that the Commission will post 
the requisite materials on its Website. Where appropriate and feasible, 
and as resources permit, the Commission may also place additional 
reading room materials on the Website.

C. Multitrack Processing of Requests

    EFOIA authorizes agencies to promulgate regulations providing for 
multitrack processing of requests for records based on the amount of 
work and/or time involved in processing requests. EFOIA section 7(a); 5 
USC 552(a)(6)(D)(i). This would expedite the production of records 
where little work or time is required. The statute states that an 
agency's regulations may include a provision granting a FOIA requester 
whose request does not qualify for the fastest multitrack processing an 
opportunity to limit the scope of the request in order to qualify for 
faster processing. 5 USC 552(6)(D)(ii).
    The Commission believes that multitrack processing is the most 
efficient and fair way to process FOIA requests. If requests were 
processed on a strict first in, first out basis, easily filled 
requests--for example for a press release or Commission brochure--would 
be processed only after earlier-received, complex requests for dozens 
of documents located in offices throughout the Commission. The 
Commission currently intends to process FOIA requests on five tracks, 
as follows:

    Track 1: Responsive documents are available in the Office of the 
Secretary in releasable form. Examples include press releases, 
Commission brochures, and cleared Commission briefing packages.
    Track 2: Responsive documents are on file outside the Office of 
the Secretary in one easily identifiable location, but must be 
located and copied, and require internal clearance. Examples include 
meeting logs, technical reports and contractor reports.
    Track 3: Responsive documents are located in various Commission 
offices and require internal clearance.
    Track 4: Responsive documents require both internal clearance 
and review by identified manufacturers pursuant to sections 6(a) 
and/or (b) of the Consumer Product Safety Act, 15 U.S.C. 2055(a) and 
(b). Examples include requests for information regarding Commission 
investigations of specific products and/or companies.
    Track 5: Responsive documents are voluminous or are located in 
various Commission offices, and require section 6(a) and/or (b) 
review.

    In general, when a request is received, the Freedom of Information 
Office will review it and categorize it for tracking purposes. Requests 
within each ``track'' will then be processed according to the date of 
receipt within each category. This should help further expedite 
responses to FOIA requests that are easier to fill. Of course, many 
requests are unique and will not easily fit one of the above 
descriptions. Others may appear to qualify for a fast track but prove 
complex once the search for the responsive documents is underway. As 
the Office of the Secretary implements and gains experience with the 
multitrack system, adjustments will almost certainly be required.
    Pursuant to proposed regulation 1015.3(e), the Office of the 
Secretary may contact requesters whose requests do not appear to 
qualify for the fastest tracks and provide such requesters the 
opportunity to limit their requests so they qualify for a faster track. 
Such notification will be at the discretion of the Office of the 
Secretary and will depend largely on whether that Office believes that 
a narrowing of the request could put the request on a faster track. The 
regulation further provides that requesters who believe that their 
requests qualify for the fastest tracks and who wish to be notified if 
the Office

[[Page 24616]]

of the Secretary disagrees may so indicate in the request. If 
practicable, the Office of the Secretary may also work with such 
requesters to limit their requests to qualify for a faster track.

D. Time Limit for Responding to Requests

    1. General: EFOIA lengthened the time within which agencies must 
respond to FOIA requests from ten to twenty working days. EFOIA sec. 
8(b); 5 U.S.C. 552(a)(6)(A)(i). The proposed regulations amend the 
Commission's current regulations to conform to the new time limit. See 
16 CFR 1015.4, 1015.5(a), 1015.6(c).
    2. Extension of time in unusual circumstances: Pursuant to FOIA 
section 552(a)(6)(B), agencies are permitted to extend the time limit 
for responding to a request or deciding an appeal of a denial of a 
request in ``unusual circumstances,'' as defined in that section, for 
no more than ten working days, upon written notice to the requester. 5 
U.S.C. 552(a)(6)(B). EFOIA amends section 552(a)(6)(B) to permit 
agencies to extend the response time by notifying the requesters and 
providing them with an opportunity to: (1) Limit the scope of the 
request so that it may be timely answered; or (2) arrange with the 
agency an alternative time frame for processing the request. EFOIA sec. 
7(b); 5 U.S.C. 552(a)(6)(B)(ii). EFOIA also provides that a requester's 
refusal to modify a request or arrange an alternative response time 
shall be considered a factor in the judicial review of an agency's 
failure to comply with the applicable time limits. EFOIA does not alter 
the definition of ``unusual circumstances.''
    The proposed regulations would add a new paragraph (d) to 16 CFR 
1015.5 to conform to the new provision.
    3. Aggregation of related requests: EFOIA authorizes agencies to 
promulgate regulations providing for the aggregation of related 
requests by the same requester or a group of requesters acting in 
concert when the requests would, if treated as a single request, 
present ``unusual circumstances'' as defined in 5 U.S.C. 552(a)(6)(B). 
EFOIA section 7(b); 5 USC 552(a)(6)(B)(iv). Proposed regulation 
1015.5(e) implements this provision. As EFOIA requires, the proposed 
regulation provides that requests will be aggregated only when the 
Commission ``reasonably believes that such requests actually constitute 
a single request'' and the requests ``involve clearly related 
matters.'' Id.; 16 CFR 1015.5(e).
    4. Requests for expedited processing: EFOIA requires each agency to 
promulgate regulations providing for the expedited processing of FOIA 
requests in cases of ``compelling need'' and in other cases determined 
by the agency. EFOIA sec. 8(a); 5 U.S.C. 552(a)(6)(E)(i). The statute 
specifies two categories of ``compelling need'':

    (1) That a failure to obtain requested records on an expedited 
basis under this paragraph could reasonably be expected to pose an 
imminent threat to the life or physical safety of an individual; or
    (2) With respect to a request made by a person primarily engaged 
in disseminating information, urgency to inform the public 
concerning actual or alleged Federal Government activity.

5 U.S.C. 552(a)(6)(E)(v). Additionally, the statute sets forth 
requirements for the handling of requests for expedited processing and 
for the judicial review of agency denials of such requests. 5 U.S.C. 
552(a)(6)(E)(ii)-(iv).
    Proposed regulation 1015.5(f) implements the expedited processing 
requirements of EFOIA. The Commission emphasizes that, in keeping with 
Congress' express intent that the specified criteria for compelling 
need ``be narrowly applied,'' expedited processing will be granted only 
in those truly extraordinary cases meeting the specific statutory 
requirements. H.R. Rep. 795, 104th Cong., 2d Sess. 26 (1996) (hereafter 
``House Report''). As the legislative history states, ``the expedited 
process procedure is intended to be limited to circumstances in which a 
delay in obtaining information can reasonably be foreseen to cause a 
significant adverse consequence to a recognized interest.'' Id.
    A requester seeking expedited processing under the ``imminent 
threat'' category of the ``compelling need'' definition must show that: 
(1) The failure to obtain the information expeditiously threatens the 
life or safety of an individual; and (2) the threat is ``imminent.'' 
That an individual or his or her attorney needs information for an 
approaching litigation deadline is not a ``compelling need'' under this 
provision.
    A requester seeking expedited processing under the second, 
``urgency to inform,'' category must show that: (1) He or she is 
``primarily engaged in disseminating information;'' (2) there is an 
``urgency to inform the public'' about the information requested; and 
(3) the information relates to an ``actual or alleged Federal 
government activity.''
    To meet the first ``urgency to inform'' criterion, the requester 
must show that his or her principal occupation is disseminating 
information to the public. As the legislative history makes clear, 
``[a] requestor who only incidentally engages in information 
dissemination, besides other activities, would not satisfy this 
requirement.'' Id.
    To meet the second ``urgency to inform'' criterion, the requester 
must show more than a general interest in the ``public's right to 
know.'' See id. Rather, as explained in the legislative history, a 
requester must show that a delay in the release of the requested 
information would ``compromise a significant recognized interest,'' and 
that the requested information ``pertain[s] to a matter of current 
exigency to the American public.'' Id. (emphasis added). It would, 
therefore, be insufficient to base a showing of ``compelling need'' on 
a reporter's desire to inform the public of something he or she 
believes might be of public concern if it were publicized. Rather, a 
reporter must show that the information pertains to a subject currently 
of significant interest to the public and that delaying the release of 
the information would harm the public's ability to assess the subject 
governmental activity.
    The final ``urgency to inform'' criterion makes clear that the 
information must relate to the activities of the Commission and its 
staff. A request for expedited processing could thus be considered for 
information relating, for example, to a Commission decision. The Office 
of the Secretary generally would not, however, grant a request for 
expedited processing of information the Commission has collected 
regarding incidents involving specific consumer products.
    EFOIA also authorizes agencies to expand the categories of requests 
qualifying for expedited processing beyond the two specified in the 
statute. EFOIA sec. 8(a); 5 U.S.C. 552 (a)(6)(E)(i)(II). The Commission 
has determined that no further categories are currently necessary or 
appropriate. As the legislative history explains, ``[g]iven the finite 
resources generally available for fulfilling FOIA requests, unduly 
generous use of the expedited processing procedure would unfairly 
disadvantage other requestors who do not qualify for its treatment.'' 
House Report at 26.
    As EFOIA requires, proposed regulation 1015.5(f)(5) states that the 
Secretary will process requests granted expedited processing ``as soon 
as practicable.'' See EFOIA sec. 8(a); 5 U.S.C. 552(a)(6)(E)(iii). 
Pursuant to this requirement, the Office of the Secretary will give 
priority to such requests.
    5. Time limits and section 6(b) of the Consumer Product Safety Act: 
Pursuant to section 6(b) of the Consumer Product Safety Act (15 U.S.C. 
2055(b)), prior to

[[Page 24617]]

the release of information that identifies a manufacturer or private 
labeler, the Commission must ``take reasonable steps to assure * * * 
that (the information) is accurate, and that (its) disclosure is fair 
in the circumstances and reasonably related to effectuating the 
purposes of the (Consumer Product Safety Act).'' Section 6(b) requires 
that the Commission notify identified manufacturers and private 
labelers that it intends to disclose information at least 30 days prior 
to the disclosure. 15 U.S.C. 2055(b)(1). The manufacturer or private 
labeler may then submit comments regarding the disclosure of the 
information to the Commission. Id. If the Commission, after reviewing 
the comments, decides to release the information over the objections of 
the manufacturer or private labeler, it must so notify the firm at 
least 10 days prior to the release. 15 U.S.C. 2055(b)(2).
    The Supreme Court, in Consumer Product Safety Commission v. GTE 
Sylvania, Inc., 100 S. Ct. 2051 (1980), ruled that the Commission must 
follow the requirements of section 6(b) prior to the release of 
information in response to a FOIA request. As a result, it is 
frequently impossible for the Commission to comply with FOIA time 
limits when information responsive to a request identifies a 
manufacturer or private labeler. When the Office of the Secretary 
receives a request for information that requires section 6(b) review, 
it routinely notifies the requester that the response will be delayed. 
Proposed regulation 1015.5(g) is intended to assure that requesters are 
aware of the requirements of section 6(b) and of the Commission's 
section 6(b) regulations at 16 CFR part 1101.

E. Estimates of the Volume of Materials Denied

    EFOIA requires that agency responses denying information include an 
estimate of the volume of any responsive documents the agency is 
withholding. EFOIA sec. 8(c); 5 U.S.C. 552(a)(6)(F). Additionally, 
EFOIA requires that when an agency withholds only a portion of a 
record, the response shall indicate the amount of information deleted 
on the released record, where possible at the place of the deletion. 
EFOIA sec. 9; 5 U.S.C. 552(b)(9). Proposed regulation 1015.6 includes a 
new subparagraph (b)(3) to implement these new requirements.

F. Fees

    Proposed Secs. 1015.9 (e)(5) and (g)(1) would amend the current 
regulation on fees the agency charges for the production of documents 
to reflect current Commission practices. Current Sec. 1015.9(e)(5) sets 
forth the amount charged for computerized records that the Commission 
retrieves from on offsite central processing system. Currently, the 
majority of computer printouts are made at the Commission's offices, 
and the specified calculation is inapplicable. Proposed 
Sec. 1015.9(e)(5) would amend the regulation to specify a charge of ten 
cents per page for computer printouts generated at the Commission.
    Section 1015.9(g)(1) currently states that interest will be charged 
on fees owed ``on the 31st day following the day on which the billing 
was sent.'' (Emphasis added.) Proposed section 1015.9(g)(1) would amend 
the regulation to provide that interest will instead be calculated 
based on the day the requester receives the bill, as is the current 
Commission practice.

G. Annual Report to Congress

    The current Commission regulations describe the information the 
Commission submits to Congress annually regarding the Commission's 
processing of FOIA requests. 16 CFR 1015.10. EFOIA amended the FOIA 
provisions regarding reporting in several ways, including the timing of 
reports and the information to be reported. EFOIA sec. 10; 5 U.S.C. 
552(e). The proposed regulations amend Sec. 1015.10 to conform to the 
EFOIA reporting requirements.

Comments

    The Commission invites comments by interested persons on these 
proposed amendments to the Commission's rules governing the processing 
of FOIA requests. Comments must be submitted by July 7, 1997. Late 
filed comments will be considered to the extent practicable. Comments 
should be addressed to the Secretary, Consumer Product Safety 
Commission, Washington, DC 20207, or delivered to the Secretary in room 
502, 4330 East West Highway, Bethesda, MD 20814. Interested persons may 
examine comments received in the Commission's Public Reading Room, room 
419, 4330 East West Highway, Bethesda, MD, between 8 a.m. and 5 p.m., 
Monday through Friday.

Proposed Effective Date

    The Commission proposes that the amendments become effective 30 
days after the date of publication of the amendments in final form in 
the Federal Register, and would apply to all requests for information 
received after that date.

Impact on Small Business

    In accordance with the Regulatory Flexibility Act, 5 U.S.C. 605(b), 
the Commission certifies that these amendments will not have a 
significant economic impact upon a substantial number of small 
entities.

Environmental Considerations

    These amendments do not fall within any of the categories of 
Commission activities described in 16 CFR 1021.5(b) which have the 
potential for producing environmental effects and which, therefore, 
require environmental assessments, and, in some cases, environmental 
impact statements. The Commission does not believe that the proposal 
contains any unusual aspects which may produce effects on the human 
environment, nor can the Commission foresee any circumstances in which 
the amendments may produce such effects. For this reason, neither an 
environmental assessment nor an environmental impact statement is 
required.

Preemption

    In accordance with Executive Order 12988 (February 5, 1996), the 
Commission states that these amendments have no preemptive effect.

Other Executive Orders

    Because this rule will not have any significant impact on family 
formation, maintenance, or well-being if issued on a final basis, no 
assessment of the rule is required by Executive Order 12606 of 
September 2, 1987. The Commission also certifies that the rule does not 
have sufficient implications for federalism to warrant a Federalism 
Assessment under Executive Order 12612 of October 26, 1987.

List of Subjects in 16 CFR Part 1015

    Administrative practice and procedure, Consumer protection, 
Disclosure of information, Freedom of information.
    In accordance with the provisions of 5 U.S.C. 553 and under the 
authority of the Consumer Product Safety Act, 15 U.S.C. 2051 et seq., 
the Commission proposes to amend Part 1015 of Title 16, Chapter II, of 
the Code of Federal Regulations as follows:

PART 1015--PROCEDURES FOR DISCLOSURE OR PRODUCTION OF INFORMATION 
UNDER THE FREEDOM OF INFORMATION ACT

    1. Section 1015.1 is amended by revising the second and third 
sentences of paragraph (a) as follows:

[[Page 24618]]

Sec. 1015.1  Purpose and scope.

    (a) * * * Official records of the Consumer Product Safety 
Commission consist of all documentary material maintained by the 
Commission in any format, including an electronic format. These records 
include those maintained in connection with the Commission's 
responsibilities and functions under the Consumer Product Safety Act, 
as well as those responsibilities and functions transferred to the 
Commission under the Federal Hazardous Substances Act, Poison 
Prevention Packaging Act of 1970, Refrigerator Safety Act, and 
Flammable Fabrics Act, and those maintained under any other authorized 
activity * * *
* * * * *
    2. Section 1015.2 is amended by revising paragraph (a) and adding 
paragraph (c) as follows:


Sec. 1015.2  Public reference facilities.

    (a) The Consumer Product Safety Commission will maintain in a 
public reference room or area the materials relating to the Consumer 
Product Safety Commission which are required by 5 U.S.C. 552(a)(2) and 
552(a)(5) to be made available for public inspection and copying. The 
principal location will be in the Office of the Secretary of the 
Commission. The address of this office is:

Office of the Secretary, Consumer Product Safety Commission, Room 
500, 4330 East West Highway, Bethesda, MD 20814.
* * * * *
    (c) The Consumer Product Safety Commission will maintain an 
``electronic reading room'' on the World-Wide Web for those records 
which are required by 5 U.S.C. 552(a)(2) to be available by ``computer 
telecommunications.''
    3. Section 1015.3 is amended by adding a new paragraph (e) as 
follows:


Sec. 1015.3  Requests for records and copies.

* * * * *
    (e) The Consumer Product Safety Commission uses a multitrack system 
to process requests under the Freedom of Information Act that is based 
on the amount of work and/or time involved in processing requests. 
Requests for records are processed in the order they are received 
within each track. Upon receipt of a request for records, the Secretary 
or delegate of the Secretary will determine which track is appropriate 
for the request. The Secretary or delegate of the Secretary may contact 
requesters whose requests do not appear to qualify for the fastest 
tracks and provide such requesters the opportunity to limit their 
requests so as to qualify for a faster track. Requesters who believe 
that their requests qualify for the fastest tracks and who wish to be 
notified if the Secretary or delegate of the Secretary disagrees may so 
indicate in the request and, where appropriate and feasible, will also 
be given an opportunity to limit their requests.
    4. Section 1015.4 is amended by revising the last sentence to read 
as follows:


Sec. 1015.4  Responses to requests for records; responsibility.

    * * * If no response is made by the Commission within twenty 
working days, or any extension thereof, the requester and the 
Commission may take the action specified in Sec. 1015.7(e).
    5. Section 1015.5 is amended by revising the heading and the first 
sentence of paragraph (a), changing the phrase ``Chairman of the 
Commission'' to ``General Counsel of the Commission'' in paragraph (b), 
and adding new paragraphs (d), (e), (f), and (g) as follows:


Sec. 1015.5  Time limitation on responses to requests for records and 
requests for expedited processing.

    (a) The Secretary or delegate of the Secretary shall respond to all 
written requests for records within twenty (20) working days (excepting 
Saturdays, Sundays, and legal public holidays). * * *
* * * * *
    (d) If the Secretary at the initial stage or the General Counsel at 
the appellate stage determines that an extension of time greater than 
ten (10) working days is necessary to respond to a request satisfying 
the ``unusual circumstances'' specified in paragraph (b) of this 
section, the Secretary or the General Counsel shall so notify the 
requester and give the requester the opportunity to:
    (1) Limit the scope of the request so that it may be processed 
within the time limit prescribed in paragraph (b); or
    (2) Arrange with the Secretary or the General Counsel an 
alternative time frame for processing the request or a modified 
request.
    (e) The Secretary or delegate of the Secretary may aggregate and 
process as a single request requests by the same requester, or a group 
of requesters acting in concert, if the Secretary or delegate 
reasonably believes that the requests actually constitute a single 
request which would otherwise satisfy the unusual circumstances 
specified in paragraph (b) of this section, and the requests involve 
clearly related matters.
    (f) The Secretary or delegate of the Secretary will consider 
requests for the expedited processing of requests in cases where the 
requester demonstrates a compelling need for such processing.
    (1) 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 an individual; or
    (ii) With respect to a request made by a person primarily engaged 
in disseminating information, urgency to inform the public concerning 
actual or alleged Federal Government activity.
    (2) Requesters for expedited processing must include in their 
requests a statement setting forth the basis for the claim that a 
``compelling need'' exists for the requested information, certified by 
the requester to be true and correct to the best of his or her 
knowledge and belief.
    (3) The Secretary or delegate of the Secretary will determine 
whether to grant a request for expedited processing and will notify the 
requester of such determination within ten (10) days of receipt of the 
request.
    (4) Denials of requests for expedited processing may be appealed to 
the Office of the General Counsel as set forth in Sec. 1015.7 of this 
part. The General Counsel will expeditiously determine any such appeal.
    (5) The Secretary or delegate of the Secretary will process as soon 
as practicable the documents responsive to a request for which 
expedited processing is granted.
    (g) The Secretary may be unable to comply with the time limits set 
forth in this Sec. 1015.5 when disclosure of documents responsive to a 
request under this part is subject to the requirements of section 6(b) 
of the Consumer Product Safety Act, 15 U.S.C. 2055(b), and the 
regulations implementing that section, 16 CFR part 1101. The Secretary 
or delegate of the Secretary will notify requesters whose requests will 
be delayed for this reason.
    6. Section 1015.6 is amended by redesignating paragraph (b)(3) as 
(b)(4), adding a new paragraph (b)(3), and revising the first sentence 
of paragraph (c) as follows:


Sec. 1015.6  Responses: Form and content.

* * * * *
    (b) * * *
    (3) An estimation of the volume of requested material withheld. 
When only a portion or portions of a document are withheld, the amount 
of information deleted shall be indicated on the released portion(s) of 
the record. When technically feasible, the indication of the amount of 
material withheld will appear at the place in the document

[[Page 24619]]

where any deletion is made. Neither an estimation of the volume of 
requested material nor an indication of the amount of information 
deleted shall be included in a response if doing so would harm an 
interest protected by the exemption in 5 U.S.C. 552(b) pursuant to 
which the material is withheld.
* * * * *
    (c) If no response is made within twenty (20) working days or any 
extension thereof, the requester can consider his or her administrative 
remedies exhausted and seek judicial relief in a United States District 
Court as specified in 5 U.S.C. 552(a)(4)(B). * * *
    7. Section 1015.9 is amended by revising paragraphs (e)(5) and 
(g)(1) to read as follows:


Sec. 1015.9  Fees for production of records.

* * * * *
    (e) * * *
* * * * *
    (5) Computerized records: $0.10 per page of computer printouts or, 
for central processing, $0.32 per second of central processing unit 
(CPU) time; for printer, $10.00 per 1,000 lines; and for computer 
magnetic tapes or discs, direct costs.
* * * * *
    (g) * * *
    (1) Interest will be charged on amounts billed, starting on the 
31st day following the day on which the requester received the bill. 
Interest will be at the rate prescribed in 31 U.S.C. 3717.
    8. Section 1015.10 is amended by revising the introductory 
paragraph and paragraphs (b) through (g) as follows:


Sec. 1015.10  Commission report of actions to Congress.

    On or before February 1 of each year, the Commission shall submit a 
report of its activities with regard to freedom of information requests 
during the preceding fiscal year to the Attorney General of the United 
States. This report shall include:
* * * * *
    (b)(1) The number of appeals made by persons under such provisions, 
the result of such appeals, and the reason for the action upon each 
appeal that results in a denial of information; and
    (2) a complete list of all statutes that the Commission relies upon 
to withhold information under such provisions, a description of whether 
a court has upheld the decision of the Commission to withhold 
information under each such statute, and a concise description of the 
scope of any information withheld.
    (c) The number of requests for records pending before the 
Commission as of September 30 of the preceding year, and the median 
number of days that such requests had been pending before the 
Commission as of that date.
    (d) The number of requests for records received by the Commission 
and the number of requests which the Commission processed.
    (e) The median number of days taken by the Commission to process 
different types of requests.
    (f) The total amount of fees collected by the Commission for 
processing requests.
    (g) The number of full-time staff of the Commission devoted to 
processing requests for records under such provisions, and the total 
amount expended by the Commission for processing such requests.

    Dated: April 29, 1997.
Sadye E. Dunn,
Secretary, Consumer Product Safety Commission.
[FR Doc. 97-11497 Filed 5-5-97; 8:45 am]
BILLING CODE 6355-01-P