Fees for Production of Records; Other Amendments to Procedures for Disclosure of Information Under the Freedom of Information Act, 21118-21126 [2020-07558]

Agencies

• Consumer Product Safety Commission

[Federal Register Volume 85, Number 74 (Thursday, April 16, 2020)]
[Proposed Rules]
[Pages 21118-21126]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-07558]


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CONSUMER PRODUCT SAFETY COMMISSION

16 CFR Part 1015

[Docket No. CPSC-2020-0011]


Fees for Production of Records; Other Amendments to Procedures 
for Disclosure of Information Under the Freedom of Information Act

AGENCY: Consumer Product Safety Commission.

ACTION: Notice of proposed rulemaking.

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SUMMARY: Under the Freedom of Information Act (FOIA), the Consumer 
Product Safety Commission (CPSC) may charge certain fees to recover the 
direct costs of providing specific FOIA services, such as duplication 
and searching for responsive records. The CPSC is proposing to amend 
its FOIA fee regulations to reflect more accurately the CPSC's direct 
costs of providing FOIA services, as well as to conform to the Office 
of Management and Budget's (OMB's) Uniform Freedom of Information Act 
Fee Schedule and Guidelines and to omit the fee category for the 
production of records on microfiche, an obsolete format. The CPSC also 
is proposing to amend other sections of its FOIA regulations to reflect 
organizational changes in the agency's FOIA Office; to codify the 
existing practice of the General Counsel remanding cases to the Chief 
FOIA Officer; and to allow for any relevant FOIA exemptions to be 
applied.

DATES: Submit comments by June 30, 2020.

ADDRESSES: Comments, identified by Docket No. CPSC-2020-0011, may be 
submitted electronically or in writing:
    Electronic Submissions: Submit electronic comments to the Federal 
eRulemaking Portal at: https://www.regulations.gov. Follow the 
instructions for submitting comments. CPSC does not accept comments 
submitted by electronic mail (email), except through 
www.regulations.gov. CPSC encourages you to submit electronic comments 
by using the Federal eRulemaking Portal, described above.
    Written Submissions: Submit written submissions by Mail/Hand 
delivery/Courier (for paper, disk, or CD-ROM submissions) to: Division 
of the Secretariat, Consumer Product Safety Commission, Room 820, 4330 
East West Highway, Bethesda, MD 20814; telephone (800) 638-2772.
    Instructions: All submissions received must include the agency name 
and docket number for this rulemaking. All comments received will be 
posted without change to: https://www.regulations.gov, including any 
personal information provided. Do not submit electronically any 
confidential business information, trade secret information, or other 
sensitive or protected information that you do not want to be available 
to the public. If you wish to provide such information, please submit 
your comment it in writing following the instructions for Written 
Submissions provided above.
    Docket: For access to the docket to read background documents or 
comments received, go to https://www.regulations.gov and insert the 
docket number, CPSC-2020-0011, into the ``Search'' box, and follow the 
prompts.

FOR FURTHER INFORMATION CONTACT: Abioye Ella Mosheim, Chief FOIA 
Officer, U.S. Consumer Product Safety Commission, Room 820, 4330 East 
West Highway, Bethesda, MD 20814; email: [email protected]; telephone: 
(301) 504-7454.

SUPPLEMENTARY INFORMATION:

I. Background and Statutory Authority

    On June 30, 2016, the President signed into law the FOIA 
Improvement Act of 2016, Public Law 114-185 (2016). The FOIA 
Improvement Act of 2016 amends the Freedom of Information Act, 5 U.S.C. 
552, requiring, inter alia, the Chief FOIA Officer of every agency to 
review its FOIA fee regulations annually. See 5 U.S.C. 552(j)(3)(C).
    OMB's Uniform Freedom of Information Act Fee Schedule and 
Guidelines (OMB Fee Guidelines) provides federal agencies with guidance 
on reviewing and assessing FOIA fees. 52 FR 10012 (Mar. 27, 1987). 
Following OMB's issuance of its Fee Guidelines in March 1987, CPSC 
proposed amendments to its FOIA fee regulations. 52 FR 17767 (May 12, 
1987). The CPSC finalized its amendments on fees to reflect the 
agency's direct costs, and the amendments became effective on September 
4, 1987. 52 FR 28979(Aug. 5, 1987). In 1997, CPSC updated one portion 
of its FOIA fee regulations regarding computerized records and interest 
to be charged on fees owed. 62 FR 46198 (Sept. 2, 1997). In 2017, CPSC 
also updated portions of its FOIA fee regulations to revise the 
definition of ``representative of the news media'' and to make other 
clarifications and corrections. 82 FR 37004 (Aug. 8, 2017).
    The CPSC is proposing additional amendments to its FOIA fee 
regulations to ensure that the agency's fees accurately reflect its 
direct costs of providing FOIA services, consistent with the OMB Fee 
Guidelines. CPSC staff estimated the CPSC's direct costs of providing 
FOIA services by reviewing and assessing certain known costs of 
providing records under the FOIA in Fiscal Year 2019, as described in 
detail below. CPSC staff also examined whether there were any 
discrepancies between the OMB Fee Guidelines and CPSC's existing 
regulations, as well as between CPSC's general FOIA regulations and 
existing practices. The proposed amendments are summarized in five 
categories below.

[[Page 21119]]

II. Proposed Amendments Concerning Fees

    Direct Costs. The FOIA authorizes agencies to charge certain fees 
to recover the direct costs of providing FOIA services. 5 U.S.C. 
552(a)(4)(A). Fee schedules must provide for the recovery of only the 
direct costs of search, duplication, or review. 5 U.S.C. 
552(a)(4)(A)(iv). Under the FOIA, agencies must promulgate regulations, 
pursuant to notice and public comment, specifying the schedule of fees 
applicable to processing FOIA requests; must establish procedures and 
guidelines for determining when such fees should be waived or reduced; 
and must conform their fee schedules to the OMB Fee Guidelines. 5 
U.S.C. 552(a)(4)(A)(i). Pursuant to the OMB Fee Guidelines, agencies 
should charge fees that ``recoup the full allowable direct costs they 
incur'' and ``shall use the most efficient and least costly methods to 
comply with requests for documents made under the FOIA.'' 52 FR 10018.
    Duplication Fees. Proposed Sec.  1015.9(e)(1) would amend the 
current regulations on fees the agency charges for the reproduction of 
documents to reflect CPSC staff's review and the assessment of certain 
known costs of producing FOIA records for Fiscal Year 2019 and based on 
current CPSC practices. The OMB Fee Guidelines require agencies to 
``establish an average agency-wide, per-page charge for paper copy 
reproduction of documents,'' which ``shall represent the reasonable 
direct costs of making such copies, taking into account the salary of 
the operator as well as the cost of the reproduction machinery.'' 52 FR 
10018. For copies prepared by computer, the OMB Fee Guidelines require 
agencies to charge the actual cost, including operator time, of 
production of the printout. Id. For other methods of duplication, the 
OMB Fee Guidelines require agencies to charge the actual direct costs 
of producing the documents. Id.
    Current 16 CFR 1015.9(e)(1) sets forth the amount charged for 
reproducing documents on a standard photocopying machine at $0.10 per 
page. Proposed Sec.  1015.9(e) would change the regulation to specify a 
charge of $0.15 per page for manual photocopies and for computer 
printouts that are sent from a computer to a printer or photocopier 
machine. The proposed fee for manual photocopies and computer printouts 
was calculated using the 2019 basic hourly pay rate of the average 
grade and step of staff members from the Office of the General Counsel, 
Division of the Secretariat (GCOS), who charged hours for FOIA projects 
in Fiscal Year 2019 (GS 12/4, or $33.52/staff hour), plus 16 percent 
for the allowable OMB benefit rate; multiplying that amount by the 
total staff hours within the GCOS that are estimated to be attributable 
to FOIA duplication in Fiscal Year 2019 (486.45 staff hours); adding 
the estimated cost of paper and toner used by the GCOS staff for 
computer printouts in Fiscal Year 2019 ($9,826); and dividing that 
number by the corresponding number of pages printed (196,820 pages). 
CPSC staff estimated the total hours spent by GCOS staff attributable 
to FOIA duplication in Fiscal Year 2019, by taking a poll of the FOIA 
specialists, whose most common response was that they spent 5 percent 
of their time on duplication.
    Proposed Sec.  1015.9(e) also would clarify that there is no 
duplication fee for producing records provided to requesters in 
electronic format. Because converting and sending an electronic file, 
such as a file in portable document format (PDF), to requesters via 
electronic mail or the FOIA online portal requires minimal operator 
time and computer and software costs, the agency's actual costs of 
duplicating these records are de minimis. The proposed rule also 
clarifies how the fees for costs will be assessed where records are 
available only in paper format and must be scanned to comply with a 
requester's preference to receive records in an electronic format.
    Search Fees. Proposed Sec.  1015.9(e)(2) would amend the current 
regulations on fees the agency charges for searches. Pursuant to the 
OMB Fee Guidelines, for manual searches, whenever feasible, agencies 
should charge at the salary rate of the employee making the search, 
consisting of basic pay, plus 16 percent for the allowable OMB benefit 
rate; however, where a ``homogenous class of personnel'' is used 
exclusively, agencies may establish an average rate for the range of 
grades typically involved in searching for records. 52 FR 10018. For 
computer searches, agencies should charge the actual direct cost of 
providing the service, plus central processing unit (CPU) time that is 
directly attributable to searching for responsive records to a FOIA 
request. Alternatively, if agencies can do so, they may establish a 
reasonable agency-wide rate for operator, programmer, and CPU costs 
involved in FOIA searches and charge accordingly. Id.
    Current Sec. Sec.  1015.9(e)(2)-(3) divide searches into two 
categories: (1) Searches conducted by clerical staff; and (2) searches 
conducted by non-clerical, professional, or managerial staff. The 
current regulations charge $3.00 per quarter hour for clerical 
searches, and $4.90 per quarter hour for non-clerical searches.
    Proposed Sec.  1015.9(e)(2) would remove the set dollar figures for 
search fees enumerated within the regulation itself, and in their 
place, state that search fees are based on the average grade and step 
of certain employees who charged hours in this category. CPSC staff 
believes that this avoids the need continuously to update the CPSC's 
FOIA fee regulations to be consistent with General Schedule pay 
adjustments. This approach is similar to the FOIA fee regulations at 
several other agencies.
    Additionally, due to organizational changes in the CPSC's FOIA 
Office and how requests are processed, clerical staff rarely performs 
searches. Therefore, CPSC proposes to eliminate the category of 
clerical search fees. Consistent with this recommendation, and 
consistent with the OMB Fee Guidelines, the proposed regulations would 
distinguish between manual and computer-based searches.
    The proposed manual search fee would be charged on a per-quarter-
hour basis, and the exact rate would be calculated and published 
annually, using the basic hourly pay rate of the average grade and step 
of CPSC program staff who worked outside of the FOIA Office and who 
charged hours for FOIA projects in Fiscal Year 2019 (GS 14/7), plus 16 
percent for the allowable OMB benefit rate.
    The proposed computer search fee would be charged on a per-quarter-
hour basis, and the exact rate would be calculated and published 
annually, using the basic hourly pay rate of the average grade and step 
of GCOS staff who charged hours for FOIA projects in Fiscal Year 2019 
(GS 12/4), plus 16 percent for the allowable OMB benefit rate. CPSC 
program staff who work outside of the FOIA Office often conduct FOIA 
computer searches. However, CPSC staff has determined that the average 
grade and step of GCOS staff who charged hours for FOIA projects 
represents a reasonable agency-wide rate for operator costs in this 
category. The proposed computer search fee would not include CPU costs 
because any agency software or hardware costs directly attributable to 
searching for responsive records would be difficult to quantify and 
likely would be de minimis.
    Review Fees. Proposed Sec.  1015.9(e)(3) would amend the current 
regulations on fees the agency charges for the initial review of 
documents to determine whether any portion of any document may be 
withheld. The OMB Fee Guidelines permit agencies to establish a 
reasonable agency-wide average for

[[Page 21120]]

such costs, where a single class of reviewers is typically involved in 
the review process. 52 FR 10018.
    Current Sec.  1015.9(4) sets forth the amount charged for review at 
$4.90 per quarter hour. Similar to the proposed search fees, the 
proposed regulation would remove the set dollar figure review fee 
enumerated within the regulation itself. Instead, the review fee would 
be charged on a per-quarter-hour basis, and the exact rate would be 
calculated and published annually, using the basic hourly pay rate of 
the average grade and step of GCOS staff who charged hours for FOIA 
review in Fiscal Year 2019 (GS 12/9), plus 16 percent for the allowable 
OMB benefit rate.
    Obsolete Formats. The FOIA requires agencies to provide records in 
any format requested, if the record is readily reproducible by the 
agency in that form or format. 5 U.S.C. 552(a)(3)(B). Currently, CPSC 
routinely produces records in one of three formats: (1) Computer 
printout, if under 250 pages; (2) compact disc (CD), if more than 250 
pages; and (3) electronic files, such as PDF. The proposed amendments 
would clarify that requesters may request records in paper, CD, or 
electronic format. The proposed amendments also would remove the fee 
for producing records on microfiche because this format is obsolete and 
not routinely produced by the CPSC.
    Annual Publication of Fees. Under the proposed regulations, the 
exact per-quarter-hour rates for searching and reviewing records would 
be calculated and published annually, using the most recent General 
Schedule table published by the Office of Personnel Management (OPM). 
In addition, the actual cost of CDs, DVDs, and other similar media 
would be calculated and published annually. These exact rates and costs 
would be made available to the public on the CPSC's FOIA web page and 
would be available by request from GCOS. The CPSC also would annually 
publish on its FOIA web page the salaries of CPSC employees associated 
with FOIA searches and reviews, consistent with the FOIA fee-posting 
practice observed at several other agencies.
    Fee Waivers. The FOIA requires agencies to provide a fee waiver for 
search and duplication fees for certain categories of requesters in 
increments of the first 100 pages of duplication and the first 2 hours 
of search, rather than in dollar amounts. 5 U.S.C. 552(a)(4)(A)(iv). 
This proposed rulemaking would incorporate more clearly this statutory 
requirement into proposed Sec.  1015.9(g), consistent with the OMB Fee 
Guidelines. 52 FR 10016. Proposed Sec.  1015.9(g)(2) would specify that 
the first 100 pages of duplication will be waived for all non-
commercial requesters, consistent with the FOIA and the OMB Fee 
Guidelines.
    Proposed Sec.  1015.9(g)(3) would specify that the first 2 hours of 
search time will be waived for all requesters to whom search fees 
apply, except commercial requesters.
    Notice of Anticipated Fees. The OMB Fee Guidelines require agencies 
to implement procedures for notifying requesters when fees are 
estimated or determined to exceed $25 and provide those requesters an 
opportunity to confer with agency staff with the objective of 
reformulating their request to meet their needs at a lower cost. 52 FR 
10018. The CPSC's current FOIA fee regulations lack procedures for 
providing requesters with notice of anticipated fees in excess of $25 
and an opportunity to confer with agency staff. Proposed Sec.  
1015.9(f) would provide for notice of anticipated fees greater than $25 
and the opportunity to confer with staff on costs. The proposed 
regulations also would provide that requesters must commit in writing 
to pay the actual or estimated fees or designate in writing the amount 
of fees the requester is willing to pay before the FOIA Office will do 
further work on a FOIA request.
    Restrictions on Assessing Fees. The FOIA and the OMB Fee Guidelines 
prohibit agencies from charging a fee if the costs of collecting and 
processing that fee are likely to equal or exceed the fee. 5 U.S.C. 
552(a)(4)(A)(iv); 52 FR 10018-19. Current Sec.  1015.9(g)(5) states 
that the CPSC will not request payment if the requester's total bill is 
less than $9.00. CPSC staff estimates that the current cost to the 
agency of collecting and processing a fee is $25. Accordingly, the 
proposed amendments would delete Sec.  1015.9(g)(5), and add proposed 
Sec.  1015.9(g)(7), which would provide that no fee will be charged 
when the total fee is equal to or less than $25.
    Advance Payment of Fees. The NPR proposes to add Sec.  1015.9(i), 
which would set forth provisions for requiring advance payment before 
the production of records in certain cases. The OMB Fee Guidelines 
instruct agencies that they may not require a requester to make an 
advance payment unless: (1) The agency estimates that the allowable 
charges the requester may be required to pay are likely to exceed $250, 
in which case they should notify the requester of the likely cost and 
obtain satisfactory assurance of full payment where the requester has a 
history of prompt payment of FOIA fees, or require payment ``of an 
amount up [to] the full estimated charges in the case of requesters 
with no history of payment''; or (2) a requester has previously failed 
to pay a fee charged in a timely fashion, in which case the agency may 
require the requester to pay the full amount owed, plus any applicable 
interest, and to make an advance payment of the full amount of the 
estimated fee before the agency begins to process a new or pending 
request. 59 FR 10020. Current Sec.  1015.9(g)(3) states: ``Before the 
Commission begins processing a request or discloses any information, it 
will require advance payment if charges are estimated to exceed $250.00 
and the requester has no history of payment and cannot provide 
satisfactory assurance that payment will be made; or a requester failed 
to pay the Commission for a previous Freedom of Information Act request 
within 30 days of the billing date.'' The proposed amendments would 
reflect the language used in the OMB Fee Guidelines. See 59 FR 10020. 
The proposed amendments also would codify the CPSC's current practices 
of tolling the processing of the request while notifying the requester 
that advance payment is due, 5 U.S.C. 552(a)(6)(A)(ii)(II), and closing 
the request if, after 30 days of receipt, the requester does not 
respond to the fee notice.

III. Proposed Amendments To Reflect Organizational Changes at CPSC

    FOIA Office. The organizational structure of the CPSC's FOIA Office 
has changed since the FOIA regulations were last amended in 2017. See 
82 FR 37010. The CPSC's FOIA Office is now housed within the Office of 
the General Counsel, rather than the Office of the Secretary, and the 
Commission's Assistant General Counsel for the Office of the General 
Counsel, Division of the Secretariat, holds the position of Chief FOIA 
Officer, rather than the Secretary of the Commission. The NPR proposes 
to amend 16 CFR 1015.1, 1015.2, 1015.3, 1015.4, 1015.5, 1015.6, 1015.7, 
and 1015.9 to replace the designations ``Secretary of the Commission,'' 
``Secretary,'' or ``Secretariat,'' with the title, ``Chief FOIA 
Officer,'' and replace ``Office of the Secretary'' with ``Office of the 
General Counsel, Division of the Secretariat'' or ``Division of the 
Secretariat.''

IV. Proposed Amendment Concerning Appeals

    Delegation of Authority. The current regulations are inconsistent 
regarding the delegation of authority to review and respond to FOIA 
appeals. This NPR proposes changes to Sec. Sec.  1015.1(d),

[[Page 21121]]

1015.4, and 1015.7(e), to clarify that the Chairman delegates to the 
CPSC's General Counsel the responsibility of reviewing and responding 
to FOIA appeals. Previously, the Commission issued this delegation by 
final rule in 1985, 50 FR 7753 (February 26, 1985), but did not codify 
the change in other relevant FOIA provisions.
    Remands. Proposed Sec.  1015.7(c) codifies the existing practice of 
the General Counsel remanding FOIA appeals to the Chief FOIA Officer, 
if the General Counsel decides to grant the appeal in whole or in part, 
and upon remand, the existing practice of the Chief FOIA Officer 
providing the records to the requester in accordance with the General 
Counsel's decision.

V. Broadening the Scope of FOIA Exemptions Under 16 CFR 1015.20.

    Currently, 16 CFR 1015.5(h) states that the CPSC ``may be unable to 
comply with the time limits set forth in 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.'' 
However, the regulation does not take into account that, due to 
statutory obligations, the CPSC also may be unable to comply with the 
time limits set forth in 16 CFR 1015.5, when disclosure of documents 
responsive to a request is subject to section 6(a) of the Consumer 
Product Safety Act. As such, the CPSC proposes to amend 16 CFR 
1015.5(h) to conform to the statute, by replacing the phrase, ``section 
6(b) of the Consumer Product Safety Act, 15 U.S.C. 2055(b),'' with 
``section 6 of the Consumer Product Safety Act, 15 U.S.C. 2055.''
    Additionally, current 16 CFR 1015.20, which addresses the release 
of accident or investigation reports, only allows for the application 
of the investigatory file FOIA exemption, and the redaction of the 
names of injured persons and the persons who treated the injured, 
pursuant to CPSA Section 25(c). Current CPSC practice, however, is to 
redact all personally identifiable information, including the names of 
injured persons and the persons who treated them, as well as the names 
of other persons incidental to a consumer complaint, pursuant to FOIA 
exemption (b)(6). See 5 U.S.C. 552(b)(b)(6). Rather than limit the 
applicable FOIA exemptions to the investigatory file exemption only, 
this NPR proposes to amend Sec.  1015.20(a) to clarify that accident 
and investigation reports are subject to all applicable FOIA 
exemptions.

VI. Miscellaneous Amendments

    To ensure proper routing of new FOIA requests and appeals, CPSC's 
FOIA Office created a separate email address for the submission of new 
FOIA requests and appeals. That address is [email protected]. 
Accordingly, the proposed rule would update Sec. Sec.  1015.3(a) and 
1015.7(a) to specify the proper email addresses to submit new requests 
and appeals.

VII. Environmental Considerations

    The CPSC's regulations address whether the agency is required to 
prepare an environmental assessment or an environmental impact 
statement. 16 CFR part 1021. These regulations provide a categorical 
exclusion for certain CPSC actions that normally have ``little or no 
potential for affecting the human environment.'' 16 CFR 1021.5(c)(1). 
This proposed rule falls within the categorical exclusion.

VIII. Regulatory Flexibility Act

    Under section 603 of the Regulatory Flexibility Act (RFA), when the 
Administrative Procedure Act (APA) or another law requires an agency to 
publish a general notice of proposed rulemaking, the agency must 
prepare an initial regulatory flexibility analysis (IFRA), assessing 
the economic impact of the proposed rule on small entities, or certify 
that the rule will not have a significant economic impact on a 
substantial number of small entities. 5 U.S.C. 603(a), 605. The APA 
does not require a general notice of proposed rulemaking in this case 
because the proposed rule is ``a rule of agency organization, procedure 
or practice.'' 5 U.S.C. 553. Nor does CPSC believe that a general 
notice of proposed rulemaking is required by the FOIA statute in this 
case. The 1976 FOIA statute originally required each agency to 
``promulgate regulations, pursuant to notice and receipt of comment, 
specifying the schedule of fees applicable to the processing of 
requests under [FOIA] and establishing procedures and guidelines for 
determining when such fees should be waived or reduced.'' 5 U.S.C. 
552(a)(4)(A)(i). However, the FOIA statute does not require that 
subsequent amendments to the fee schedules or waiver rules be issued 
pursuant to notice and comment. Therefore, the RFA does not appear to 
be triggered, either under the APA or the FOIA law, even though CPSC is 
voluntarily following notice-and-comment procedures in this instance. 
Nevertheless, CPSC staff reviewed the potential impact of the proposed 
changes in this rule on small entities. Staff's analysis compared the 
number of fiscal year (FY) 2018 FOIA requesters to the number of small 
entities in the relevant North American Industrial Classification 
System (NAICS) sectors, and staff found there is unlikely to be a 
substantial number of small entities impacted by the proposed rule. 
Moreover, the impact on noncommercial entities would remain essentially 
unchanged, unless noncommercial requesters opt to receive their 
documents in paper format, rather than electronically. The costs for 
commercial firms has increased more than for other entities. However, 
requesters would be alerted if costs were expected to be greater than 
$25, and commercial firms would be expected to proceed with the request 
(in whole or in part), only if the perceived benefit at least balanced 
the cost. Additionally, requesting firms can avoid duplication costs by 
electing to receive the requested documents electronically. CPSC 
solicits comments on any economic impact of the proposed rule and any 
possible regulatory alternatives to reduce the economic impact, if any, 
while fully implementing the FOIA and the CPSC's statutory mandate. The 
CPSC will consider any such comments before promulgating the proposed 
rule in final form.

IX. Paperwork Reduction Act

    The Paperwork Reduction Act (PRA) establishes certain requirements 
when an agency conducts or sponsors a ``collection of information.'' 44 
U.S.C. 3501-3520. The proposed rule would amend CPSC's rule to make 
additional changes to conform to the FOIA Improvement Act of 2016, 
update certain CPSC's procedures by codifying them, and make other 
technical changes and corrections. The proposed rule would not impose 
any information-collection requirements. The existing rule and the 
proposed revisions do not require or request information from firms; 
but rather, they explain CPSC's FOIA procedures. Thus, the PRA is not 
implicated in this proposed rulemaking.

X. Executive Order 12988 (Preemption)

    According to Executive Order 12988 (February 5, 1996), agencies 
must state in clear language the preemptive effect, if any, of new 
regulations. Section 26 of the CPSA explains the preemptive effect of 
consumer product safety standards issued under the CPSA. 15 U.S.C. 
2075. The proposed rule is not a consumer product safety standard, but 
rather, the proposed rule would revise a rule of agency practice and 
procedure by making revisions and corrections to the agency's FOIA fee 
regulations.

[[Page 21122]]

Therefore, section 26 of the CPSA would not apply to this rulemaking.

XI. Effective Date

    In accordance with the APA's general requirement that the effective 
date of a rule be at least 30 days after publication of the final rule, 
the Commission proposes that the effective date be 30 days after the 
date of publication of a final rule in the Federal Register. 5 U.S.C. 
553(d).

XII. Request for Comments

    The Commission requests comments on all aspects of the proposed 
rule. The Commission specifically solicits comments on the following 
questions:
    [cir] How would the proposed rule improve or impede the agency's 
efficiency and transparency in providing information to the public?
    [cir] How can the agency improve its FOIA fee practices and 
procedures, consistent with the FOIA and the OMB Fee Guidelines?
    [cir] Is the CPSC using the most efficient and least costly methods 
to comply with requests for documents made under the FOIA?
    [cir] Are there more accurate methods for calculating the CPSC's 
direct costs of providing FOIA services, consistent with the FOIA and 
the OMB Fee Guidelines? If so, what are they?
    [cir] Does the proposed rule, including the proposed fee structure, 
provide sufficient transparency to the public to understand the 
procedures and costs associated with making FOIA requests?
    [cir] Does the proposed rule sufficiently address the process that 
will be used to determine, document, and notify a requester of a waiver 
or reduction of fees, including, but not limited to, the public 
interest waiver in Sec. Sec.  1015.9(g)(4)-(5)?
    [cir] Is the proposed rule, including the proposed fee structure, 
compliant with the FOIA, the OMB Fee Guidelines, and all other 
applicable laws and regulations?
    Comments should be submitted in accordance with the instructions in 
the ADDRESSES section at the beginning of this document. Written 
comments must be received by June 30, 2020.

List of Subjects in 16 CFR 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 the authority 
in the Consumer Product Safety Act, 15 U.S.C. 2051 et seq., CPSC 
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

0
1. The authority citation for part 1015 continues to read as follows:

    Authority:  15 U.S.C. 2051-2084; 15 U.S.C. 1261-1278; 15 U.S.C. 
1471-1476; 15 U.S.C. 1211-1214; 15 U.S.C. 1191-1204; 15 U.S.C. 8001-
8008; Pub. L. 110-278, 122 Stat. 2602; 5 U.S.C. 552.

0
2. Amend Sec.  1015.1 by:
0
a. Removing the words ``Secretariat of the Commission'' and adding in 
their place ``Assistant General Counsel, Office of the General Counsel, 
Division of the Secretariat'' in paragraph (c); and
0
b. Adding paragraph (d) to read as follows:


Sec.  1051.1  Purpose and scope.

* * * * *
    (d) The General Counsel is the designated head of the Commission's 
FOIA Appeals Office who, subject to the authority of the Chairman, is 
responsible for reviewing and responding to appeals from denials or 
partial denials of requests for records under this chapter.
0
3. Revise Sec.  1015.2 to read as follows:


Sec.  1015.2  Public inspection.

    (a) The Consumer Product Safety Commission (CPSC) will maintain in 
a public reference room or area the materials relating to the CPSC that 
are required by 5 U.S.C. 552(a)(2) and 552(a)(5) to be made available 
for public inspection in an electronic format. The principal location 
will be in the Office of the General Counsel, Division of the 
Secretariat. The address of this office is: Office of the General 
Counsel, Division of the Secretariat, Consumer Product Safety 
Commission, Room 820, 4330 East West Highway, Bethesda, MD 20814.
    (b) The CPSC will maintain an electronic reading room on the 
internet at https://www.cpsc.gov for records that are required by 5 
U.S.C. 552(a)(2) to be available by computer telecommunications. 
Records that the FOIA requires CPSC to make available for public 
inspection in an electronic format may be accessed through the CPSC's 
FOIA web page, which is accessible by visiting: https://www.cpsc.gov.
    (c) Subject to the requirements of Section 6 of the CPSA, the CPSC 
will make available for public inspection in an electronic format 
copies of all records, regardless of form or format, which:
    (1) Have been released to any person under 5 U.S.C. 552(a)(3);
    (2) Because of the nature of their subject matter, the FOIA Office 
determines have become or are likely to become the subject of 
subsequent requests for substantially the same records; or
    (3) That have been requested three or more times.


Sec.  1015.3  [Amended]

0
4. Amend Sec.  1015.3 by:
0
 a. Removing the word ``Secretariat'' and adding in its place the words 
``Chief FOIA Officer'' in paragraph (a);
0
b. Removing the designation ``[email protected]'' and adding in its 
place the designation ``[email protected]'' in paragraph (a) ; 
and
0
c. Removing the word ``Secretariat'' and adding in its place the words 
``Chief FOIA Officer'' in paragraphs (d) and (e).
0
5. Revise Sec.  1015.4 to read as follows:


Sec.  1015.4  Responses to requests for records; responsibility.

    The ultimate responsibility for responding to requests for records 
is vested in the Chief FOIA Officer of the Consumer Product Safety 
Commission. The Chief FOIA Officer, or delegate of the Chief FOIA 
Officer, may respond directly, or forward the request to any other 
office of the CPSC for response. The Chief FOIA Officer's response 
shall be in the form set forth in Sec.  1015.7(d), for action on 
appeal. If no response is made by the FOIA Office within 20 working 
days, or any extension of the 20-day period, the requester and the 
General Counsel or delegate of the General Counsel may take the action 
specified in Sec.  1015.7(e).
0
6. Amend Sec.  1015.5 by revising paragraphs (a) through (d), (f), (g) 
introductory text, (g)(1) introductory text, (g) (3) through (5), and 
(h) to read as follows:


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

    (a) The Chief FOIA Officer, or delegate of the Chief FOIA Officer, 
shall respond to all written requests for records within twenty (20) 
working days (excepting Saturdays, Sundays, and legal public holidays). 
The time limitations on responses to requests for records submitted by 
mail shall begin to run at the time a request for records is received 
and date-stamped by the Office of the General Counsel, Division of the 
Secretariat. The Office of the General Counsel, Division of the 
Secretariat shall date-stamp the request the same day that it receives 
the request. The time limitations on responses to requests for records 
submitted electronically during working hours (8 a.m. to 4:30 p.m. EST) 
shall begin to run at the time the request

[[Page 21123]]

was electronically received, and the time limitations on responses to 
requests for records submitted electronically during non-working hours 
will begin to run when working hours resume.
    (b) The time for responding to requests for records may be extended 
by the Chief FOIA Officer at the initial stage, or by the General 
Counsel, at the appellate stage, up to an additional ten (10) working 
days under the following unusual circumstances:
    (1) The need to search for and collect the requested records from 
field facilities or other establishments that are separate from the 
Office of the General Counsel, Division of the Secretariat;
    (2) The need to search for, collect, and appropriately examine a 
voluminous amount of separate and distinct records that are demanded in 
a single request; or
    (3) The need to consult, 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 CPSC having substantial subject matter interest.
    (c) Any extension of time must be accompanied by written notice to 
the person making the request, setting forth the reason(s) for such 
extension, and the time within which a response is expected.
    (d) If the Chief FOIA Officer 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 Chief FOIA Officer, or the General Counsel, shall 
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) of this section; or
    (2) Arrange with the Chief FOIA Officer, or the General Counsel, an 
alternative time frame for processing the request or a modified 
request.
* * * * *
    (f) The Chief FOIA Officer, or delegate of the Chief FOIA Officer, 
may aggregate and process as a single request, requests by the same 
requester, or a group of requesters acting in concert, if the Chief 
FOIA Officer, or delegate, reasonably believes that the requests 
actually constitute a single request that would otherwise satisfy the 
``unusual circumstances'' specified in paragraph (b) of this section, 
and the requests involve clearly related matters.
    (g) The Chief FOIA Officer, or delegate of the Chief FOIA Officer, 
will provide expedited processing of requests in cases where the 
requester requests expedited processing and demonstrates a compelling 
need for such processing.
    (1) The term ``compelling need'' means:
* * * * *
    (3) The Chief FOIA Officer or delegate of the Chief FOIA Officer 
will determine whether to grant a request for expedited processing and 
will notify the requester of such determination within ten (10) 
calendar 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 Chief FOIA Officer, or delegate of the Chief FOIA Officer, 
will process, as soon as is practicable, the documents responsive to a 
request for which expedited processing is granted.
    (h) The Chief FOIA Officer may be unable to comply with the time 
limits set forth in paragraphs (a) through (d) of this section when 
disclosure of documents responsive to a request under this part is 
subject to the requirements of section 6 of the Consumer Product Safety 
Act, 15 U.S.C. 2055, and the regulations implementing that section, 16 
CFR part 1101. The Chief FOIA Officer, or delegate of the Chief FOIA 
Officer, will notify requesters whose requests will be delayed for this 
reason.
0
7. Amend Sec.  1015.6 by:
0
 a. Removing the word ``Secretariat'' and adding in its place the words 
``Chief FOIA Officer'' in paragraphs (a) and (b) introductory text;
0
 b. Revising paragraph (b)(4); and
0
c. Removing the word ``Secretariat'' and adding in its place the words 
``Chief FOIA Officer'' in paragraph (c).
    The revision reads as follows:


Sec.  1015.6  Responses: Form and content.

* * * * *
    (b) * * *
    (4) A statement that the denial may be appealed to the General 
Counsel, as specified in Sec.  1015.1(d). Any such appeal must be made 
within 90 calendar days after the date of the Chief FOIA Officer, or 
delegate of the Chief FOIA Officer's, denial or partial denial.
* * * * *
0
8. Amend Sec.  1015.7 by revising the section heading, and paragraphs 
(a) through (e) and (g), to read as follows:


Sec.  1015.7  Appeals from initial denials.

    (a) When the Chief FOIA Officer, or delegate of the Chief FOIA 
Officer, has denied a request for records in whole or in part, the 
requester may, within 90 calendar days after the date of the denial or 
partial denial, appeal the denial to the Office of the General Counsel 
of the Consumer Product Safety Commission, attention: Division of the 
Secretariat. Appeals may be submitted through any of the following 
methods: the e-FOIA Public Access Link at https://www.cpsc.gov; email 
to [email protected]; U.S. mail to 4330 East West Highway, Room 
820, Bethesda, MD 20814; or by facsimile to 301-504-0127. To facilitate 
handling, the requester should mark both the appeal letter and 
envelope, or subject line of the electronic transmission, ``Freedom of 
Information Act Appeal.''
    (b) The General Counsel will act upon an appeal within 20 working 
days of its receipt. The time limitations on an appeal submitted by 
mail shall begin to run at the time an appeal is received and date-
stamped by the Division of the Secretariat. The Division of the 
Secretariat will date-stamp the appeal the same day that it receives 
the appeal. The time limitations on an appeal submitted electronically 
during working hours (8 a.m. to 4:30 p.m. EST) shall begin to run at 
the time the appeal is received electronically; and the time 
limitations on appeals submitted electronically during non-working 
hours will begin to run when working hours resume.
    (c) After reviewing the appeal, the General Counsel will issue a 
decision to either grant or deny the appeal, in whole or in part. If 
the General Counsel decides to grant the appeal in whole or in part, 
the General Counsel will inform the requester and submitter of the 
information, in accordance with Sec. Sec.  1015.6(a) and 1015.18(b). 
Thereafter, the Chief FOIA Officer will provide the records in 
accordance with the General Counsel's decision.
    (d) The General Counsel shall have the authority to grant or deny 
all appeals and, as an exercise of discretion, to disclose records 
exempt from mandatory disclosure under 5 U.S.C. 552(b). In unusual or 
difficult cases, the General Counsel may, in his/her discretion, refer 
an appeal to the Chairman for determination.
    (e) The General Counsel's action on appeal shall be in writing, 
shall be signed by the General Counsel, and shall constitute final 
agency action. A denial in whole or in part of a request on appeal 
shall set forth the exemption relied upon; a brief explanation, 
consistent with the purpose of the

[[Page 21124]]

exemption, of how the exemption applies to the records withheld; and 
the reasons for asserting it. The decision will inform the requester of 
the right to seek dispute resolution services from CPSC's FOIA Liaison 
or the Office of Government Information Services. A denial in whole or 
in part shall also inform the requester of his/her right to seek 
judicial review of the General Counsel's final determination in a 
United States district court, as specified in 5 U.S.C. 552(a)(4)(B).
    (f) * * *
    (g) Copies of all appeals and copies of all actions on appeal shall 
be furnished to and maintained in a public file by the Office of the 
General Counsel, Division of the Secretariat.
0
9. Amend Sec.  1015.9 by:
0
b. Revising paragraphs (a) and (e) through (g); and
0
c. Adding paragraphs (h) and (i).
    The revisions and additions read as follows:


Sec.  1015.9   Fees for production of records.

    (a) The CPSC will provide, at no charge, certain routine 
information. For other CPSC responses to information requests, the 
Chief FOIA Officer, or the delegate of the Chief FOIA Officer, shall 
determine and levy fees for duplication, search, review, and other 
services, in accordance with this section.
* * * * *
    (e) The following fee schedule will apply:
    (1) Duplication. (i) Manual photocopies: $0.15 per page.
    (ii) Computer printouts that are sent from a computer to a printer 
or photocopier machine: $0.15 per page.
    (iii) Compact discs, DVDs, or other similar media duplications: 
direct-cost basis. The exact fees for duplication of records on these 
forms of media will be calculated and published annually and are 
available to the public on the CPSC's FOIA web page at https://www.cpsc.gov and from the Office of the General Counsel, Division of 
the Secretariat, Consumer Product Safety Commission, Room 820, 4330 
East West Highway, Bethesda, MD 20814.
    (iv) There is no duplication fee for producing records provided to 
requesters in electronic format.
    (v) Requesters may request and be provided records in any format 
that is readily reproducible by the agency, including electronic 
format.
    (vi) When records available only in paper format must be scanned to 
comply with a requester's preference to receive records in an 
electronic format, the requester must pay the direct costs of scanning 
those materials. The exact fees for scanning these materials will be 
assessed on a quarter-hour basis, be calculated and published annually, 
and are available to the public on the CPSC's FOIA web page at https://www.cpsc.gov and from the Office of the General Counsel, Division of 
the Secretariat, Consumer Product Safety Commission, Room 820, 4330 
East West Highway, Bethesda, MD 20814.
    (2) Searches. Fees for searches are assessed on a quarter-hour 
basis. The exact fees for searches are calculated and published 
annually and are available to the public on the CPSC's FOIA web page at 
https://www.cpsc.gov and from the Office of the General Counsel, 
Division of the Secretariat, Consumer Product Safety Commission, Room 
820, 4330 East West Highway, Bethesda, MD 20814.
    (i) Manual file searches: Manual search fees are calculated using 
the basic hourly pay rate of the average grade and step of employees 
who charged hours in this category (GS 14/7), plus 16 percent to 
account for the cost of benefits.
    (ii) Computer searches. Computer search fees are calculated using 
the basic hourly pay rate of the average grade and step of employees 
who charged hours in this category (GS 12/4), plus 16 percent to 
account for the cost of benefits,.
    (3) Review. Fees for review are assessed on a quarter-hour basis. 
The exact fee for review is calculated and published annually and is 
available to the public on the CPSC's FOIA web page at https://www.cpsc.gov and from the Office of the General Counsel, Division of 
the Secretariat, Consumer Product Safety Commission, Room 820, 4330 
East West Highway, Bethesda, MD 20814. The review fee is calculated 
using the basic hourly pay rate of the average grade and step of 
employees who charged hours in this category (GS 12/9), plus 16 percent 
to account for the cost of benefits. Fees for reviewing records will 
only be charged to commercial requesters.
    (4) Postage. If the requester wants special handling or if the 
volume or dimensions of the materials requires special handling, the 
FOIA Office will charge the direct cost of mailing such requested 
materials.
    (5) Other charges. (i) Materials requiring special reproducing or 
handling, such as photographs, slides, blueprints, video and audio tape 
recordings, or other similar media: direct-cost basis.
    (ii) Any other service: direct-cost basis.
    (f) Notice of anticipated fees in excess of $25. (1) When the FOIA 
Office determines or estimates that the fees to be assessed will exceed 
$25, the FOIA Office shall promptly notify the requester of the actual 
or estimated amount of the fees, including a breakdown of the fees for 
search, review, and duplication, if applicable, and any applicable fee 
waivers that would apply to the request, unless the requester has 
indicated a willingness to pay fees as high as those anticipated. The 
notice shall specify that the requester may confer with agency staff 
with the objective of reformulating the request to meet the requester's 
needs at a lower cost. If only a portion of the fee can be estimated 
readily, the FOIA Office will advise the requester accordingly. If the 
request is not from a commercial use requester, the notice shall 
specify that the requester is entitled to the statutory waivers of 100 
pages of duplication at no charge and, if the requester is charged 
search fees, two hours of search time at no charge.
    (2) When a requester has been provided notice of anticipated fees 
in excess of $25, the FOIA Office shall toll processing of the request 
and further work will not be completed until the requester commits in 
writing to pay the actual or estimated total fee, or designates the 
amount of fees the requester is willing to pay. In the case of a 
requester who is not a commercial requester, the requester may 
designate that the requester seeks only those services that can be 
provided in paragraphs (g)(2) and (3) of this section, without charge. 
The CPSC is not required to accept payment in installments.
    (3) If the requester has committed to pay a designated amount of 
fees, but the FOIA Office determines or estimates that the total fee 
will exceed that amount, the FOIA Office shall toll processing of the 
request and notify the requester of the actual or estimated fees in 
excess of the requester's commitment. The FOIA Office shall inquire 
whether the requester wishes to revise the amount of fees the requester 
is willing to pay or modify the request. Once the requester responds, 
the administrative time limits in Sec.  1015.5 will resume.
    (4) The Chief FOIA Officer shall make available the FOIA Public 
Liaison to assist requesters in reformulating a request to meet the 
requester's needs at a lower cost.
    (5) If a requester does not commit in writing to pay the actual or 
estimated total fee or designate in writing the amount of fees the 
requester is willing to pay within 30 working days from the date of the 
notification letter, the request shall be closed. The FOIA Office shall 
notify the requester that the request has been closed.

[[Page 21125]]

    (6) Any adverse determination made by the Chief FOIA Officer, or 
the designee of the Chief FOIA Officer, concerning a dispute over 
actual or estimated fees may be appealed by the requester to the 
General Counsel, in the manner described at Sec.  1015.7.
    (g) Fee waivers: There are three categories of requesters: 
Commercial; educational institutions, noncommercial scientific 
institutions, and representatives of the news media; and all other 
requesters, including members of the general public.

----------------------------------------------------------------------------------------------------------------
          Requester category                    Search                   Review                Duplication
----------------------------------------------------------------------------------------------------------------
Commercial (including law firms).....  Fee....................  Fee....................  Fee.
Educational, noncommercial scientific  No Fee.................  No Fee.................  Fee after first 100
 institutions, or news media.                                                             pages.
All other requesters (including        Fee After First 2 Hours  No Fee.................  Fee after first 100
 members of the general public).                                                          pages.
----------------------------------------------------------------------------------------------------------------

    Fees shall be waived as follows:
    (1) No automatic fee waiver shall apply to commercial-use requests.
    (2) The first 100 pages of duplication shall be waived for requests 
from the categories of educational institutions, noncommercial 
scientific institutions, representatives of the news media, and all 
other requesters (including members of the general public).
    (3) The first 2 hours of search time shall be waived for the 
category of all other requesters (including members of the general 
public).
    (4) The Chief FOIA Officer, or a designee of the Chief FOIA 
Officer, shall waive or reduce fees whenever disclosure of the 
requested information is in the public interest because it is likely to 
contribute significantly to public understanding of the operations or 
activities of the government, and disclosure of the requested 
information is not primarily in the commercial interest of the 
requester.
    (5) In making a determination under paragraph (g)(4) of this 
section, the Chief FOIA Officer, or designee of the Chief FOIA Officer, 
shall consider the following factors:
    (i) The subject of the request: whether the subject of the 
requested records concerns the operations or activities of the 
government.
    (ii) The informative value of the information to be disclosed: 
whether the disclosure is likely to contribute to an understanding of 
government operations or activities.
    (iii) 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.
    (iv) The significance of the contribution to public understanding: 
Whether the disclosure is likely to contribute significantly to public 
understanding of government operations or activities.
    (v) The existence and magnitude of a commercial interest: Whether 
the requester has a commercial interest that would be furthered by the 
requested disclosure; and, if so
    (vi) The primary interest in disclosure: Whether the magnitude of 
the 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.
    (6) Search fees shall be waived for all requests and duplication 
fees shall be waived for requests from educational institutions, 
noncommercial scientific institutions, and representatives of the news 
media, if the FOIA Office fails to comply with any time limit under 
Sec. Sec.  1015.5(a), (g)(3), 1015.7(b), and 5 U.S.C. 552(a)(6), other 
than the exceptions stated in 5 U.S.C. 552(a)(4)(A)(viii)(ll). Those 
exceptions include:
    (i) If the FOIA Office has determined that unusual circumstances, 
as defined in Sec.  1015.5(b) apply, and the FOIA Office provided 
timely written notice to the requester, as required by Sec.  1015.5(c) 
or Sec.  1015.7(f), then failure to comply with the time limit in 
Sec. Sec.  1015.5(a), (g)(3), 1015.7(b), and 5 U.S.C. 552(a)(6) is 
excused for 10 additional working days; or
    (ii) If the FOIA Office has determined that ``unusual 
circumstances,'' as defined in Sec.  1015.5(b) apply, and more than 
5,000 pages are necessary to respond to the request, and the FOIA 
Office has provided timely written notice in accordance with Sec. Sec.  
1015.5(c) and (e), and the FOIA Office has discussed with the requester 
via written mail, email, or telephone (or made not less than three 
good-faith efforts to do so), how the requester could effectively limit 
the scope of the request; or
    (iii) If a court has determined that exceptional circumstances 
exist, as defined in 5 U.S.C. 552(a)(6)(C), then failure to comply with 
Sec. Sec.  1015.5(a), (g)(3), 1015.7(b), and 5 U.S.C. 552(a)(6) shall 
be excused for the length of time provided by the court order.
    (7) No fee will be charged when the total fee is equal to or less 
than $25.
    (8) Any determination made by the Chief FOIA Officer, or the 
designee of the Chief FOIA Officer, concerning fee waivers may be 
appealed by the requester to the General Counsel, in the manner 
described at Sec.  1015.7.
    (h) Collection of fees. Collection of fees shall be in accordance 
with the following:
    (1) Interest will be charged on amounts billed, starting on the 
31st day following the day on which the requester receives the bill. 
Interest will be charged at the rate prescribed in 31 U.S.C. 3717.
    (2) Search fees may be charged, even if no responsive documents are 
located, or if the search leads to responsive documents that are 
withheld under an exemption to the Freedom of Information Act.
    (3) The FOIA Office may aggregate requests, for the purposes of 
billing, whenever it reasonably believes that a requester, or, on rare 
occasions, a group of requesters, is attempting to separate a request 
into more than one request to evade fees. The FOIA Office shall not 
aggregate multiple requests on unrelated subjects from one requester.
    (i) Advance payment of fees. (1) For requests other than those 
described in paragraphs (i)(2) and (3) of this section, the FOIA Office 
shall not require a requester to make advance payment (i.e., payment 
made before the FOIA Office commences or continues work on a request). 
Payment owed for work already completed (i.e., payment before copies 
are sent to a requester) does not constitute an advance payment for 
purposes of this rule.
    (2) When the FOIA Office determines or estimates that a total fee 
to be charged under this section will exceed $250, and the requester 
has no history of payment, the FOIA Office shall notify the requester 
of the actual or estimated fee and may require the requester to make an 
advance payment of the entire anticipated fee before beginning to 
process the request. A notice under this paragraph shall offer the 
requester an opportunity to discuss the matter with

[[Page 21126]]

FOIA Office staff to modify the request to meet the requester's needs 
at a lower cost.
    (3) When a requester has previously failed to pay a properly 
charged FOIA fee to the CPSC within 30 calendar days of the date of 
billing, the FOIA Office may notify the requester that the requester is 
required to pay the full amount owed, plus any applicable interest, and 
to make an advance payment of the full amount of any anticipated fee, 
before the FOIA Office begins to process a new request or continues 
processing a pending request from that requester.
    (4) When the CPSC FOIA Office requires advance payment, the FOIA 
Office will not further process the request until the required payment 
is made. The FOIA Office will toll the processing of the request while 
it notifies the requester of the advanced payment due, and the 
administrative time limits in Sec.  1015.5 will begin only after the 
agency has received the advance payments. If the requester does not pay 
the advance payment within 30 calendar days from the date of the FOIA 
Office's fee notice, the FOIA Office will presume that the requester is 
no longer interested in the records and notify the requester that the 
request has been closed.


Sec.  1015.20  [Amended]

0
10. Amend Sec.  1015.20 by removing the phrase ``the investigatory file 
exemption'' and adding in its place the word ``exemptions'' in 
paragraph (a).

Alberta E. Mills
Secretary, Consumer Product Safety Commission.
[FR Doc. 2020-07558 Filed 4-15-20; 8:45 am]
BILLING CODE 6355-01-P