[Federal Register Volume 85, Number 220 (Friday, November 13, 2020)]
[Rules and Regulations]
[Pages 72564-72565]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-24003]


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OCCUPATIONAL SAFETY AND HEALTH REVIEW COMMISSION

29 CFR Part 2201


Regulations Implementing the Freedom of Information Act

AGENCY: Occupational Safety and Health Review Commission.

ACTION: Final rule.

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SUMMARY: The Occupational Safety and Health Review Commission (OSHRC) 
is amending its regulations implementing the Freedom of Information Act 
(FOIA). The amendments to the FOIA regulations concern minor issues 
that have arisen since the regulations were last revised in 2016.

DATES: Effective November 13, 2020.

FOR FURTHER INFORMATION CONTACT: Ron Bailey, Attorney Advisor, Office 
of General Counsel, by telephone at (202) 606-5410 or by email at 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Revisions to Part 2201

    OSHRC's regulations implementing FOIA, 29 CFR part 2201, were last 
revised on December 27, 2016, 81 FR 95035. OSHRC is making several 
minor revisions to these regulations.
    In 29 CFR 2201.5, OSHRC is revising the reference to its Privacy 
Act regulation--from Sec.  2400.6 to Sec.  2400.4--based on the re-
designation of section numbers in 29 CFR part 2400, 85 FR 65221.
    In 29 CFR 2201.6(a)(1), the regulation presently states that the 
20-day period for granting or denying a FOIA request can be tolled 
under two different circumstances: ``(1) The agency may toll the 20-day 
period once while awaiting information that it has reasonably requested 
from the requester under this section . . . ; or (2) The agency may 
toll the 20-day period as many times as are necessary to clarify any 
issue regarding fee assessment.'' OSHRC is revising the word ``or'' to 
``and,'' because guidance from the Department of Justice's Office of 
Information Policy (OIP) indicates that tolling under one circumstance 
does not preclude the agency from subsequently tolling based on the 
other circumstance. This guidance, from November 18, 2008, is available 
at https://www.justice.gov/oip/oip-guidance.
    In 29 CFR 2201.8(e), the third sentence of that paragraph states: 
``In cases in which a requester has been notified that actual or 
estimated fees amount to more than $25, the request shall not be 
considered received and further work shall not be done on it

[[Page 72565]]

until the requester agrees to pay the actual or estimated total fee.'' 
OSHRC is revising the phrase, ``the request shall not be considered 
received,'' to read, ``the time period for responding to the request 
shall be tolled in accordance with 2201.6(a)(2).'' OSHRC considers it 
more accurate, pursuant to the 5 U.S.C. 552(a)(6)(A), to treat this as 
a fee clarification that can be tolled under 29 CFR 2201.6(a), rather 
than a request that has not been received.

II. Statutory and Executive Order Reviews

    Executive Orders 12866 and 13132, and the Unfunded Mandates Reform 
Act of 1995: OSHRC is an independent regulatory agency and, as such, is 
not subject to the requirements of E.O. 12866, E.O. 13132, or the 
Unfunded Mandates Reform Act, 2 U.S.C. 1501 et seq.
    Regulatory Flexibility Act: The Chairman of OSHRC certifies under 
the Regulatory Flexibility Act, 5 U.S.C. 605(b), that these rules will 
not have a significant economic impact on a substantial number of small 
entities. The revisions to part 2201 merely clarify existing procedures 
and, therefore, would have no economic impact on small entities. For 
this reason, a regulatory flexibility analysis is not required.
    Paperwork Reduction Act of 1995: OSHRC has determined that the 
Paperwork Reduction Act, 44 U.S.C. 3501 et seq., does not apply because 
these rules do not contain any information collection requirements that 
require the approval of OMB.
    Congressional Review Act: These revisions do not constitute a 
``rule,'' as defined by the Congressional Review Act, 5 U.S.C. 
804(3)(C), because they involve changes to agency organization, 
procedure, or practice that do not substantially affect the rights or 
obligations of non-agency parties.

List of Subjects in 29 CFR Part 2201

    Freedom of information.

James J. Sullivan, Jr.,
Chairman.

    For the reasons set forth in the preamble, OSHRC amends 29 CFR part 
2201 as follows:

PART 2201--REGULATIONS IMPLEMENTING THE FREEDOM OF INFORMATION ACT

0
1. The authority citation for part 2201 continues to read as follows:

    Authority:  29 U.S.C. 661(g); 5 U.S.C. 552.


Sec.  2201.5   [Amended]

0
2. Amend Sec.  2201.5 by removing the reference ``29 CFR 2400.6'' in 
paragraph (b) and adding, in its place, the reference ``29 CFR 
2400.4''.


Sec.  2201.6  [Amended]

0
3. Amend Sec.  2201.6 by removing the word ``or'' at the end of 
paragraph (a)(1) and adding, in its place, the word ``and''.

0
4. Amend Sec.  2201.8 by revising the third sentence of paragraph (e) 
to read as follows:


Sec.  2201.8  Fees for copying, searching, and review.

* * * * *
    (e) * * * In cases in which a requester has been notified that 
actual or estimated fees amount to more than $25, the time period for 
responding to the request shall be tolled in accordance with Sec.  
2201.6(a)(2) and further work shall not be done on it until the 
requester agrees to pay the actual or estimated total fee. * * *
* * * * *
[FR Doc. 2020-24003 Filed 11-12-20; 8:45 am]
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