[Code of Federal Regulations]
[Title 9, Volume 2]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 9CFR390.5]

[Page 614]
 
                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS
 
     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 
                               AGRICULTURE
 
PART 390--FREEDOM OF INFORMATION AND PUBLIC INFORMATION--Table of Contents
 
Sec. 390.5  Request for records.

    (a) The FOIA Coordinator of FSIS is authorized to receive requests 
and to exercise authority under 7 CFR 1.3(a) to--
    (1) Make determinations to grant or deny such requests,
    (2) Extend the 20-day deadline,
    (3) Make discretionary releases of exempt records, except where 
disclosure is specifically prohibited by Executive Order, statute, and 
applicable regulations,
    (4) Consider expedited processing when appropriate,
    (5) Make determinations regarding the charging of fees pursuant to 
the established schedule, and
    (6) Determine the applicability of 7 CFR 1.5 to requests for 
records.
    (b) Requests for FSIS records or information will be made in writing 
in accordance with 7 CFR 1.5 and submitted to the FSIS Freedom of 
Information Act Coordinator at the following address:

Freedom of Information Act Coordinator (FOIA Request), Food Safety and 
Inspection Service, Department of Agriculture, Washington, DC 20250-3700

    The submitter will identify each record with reasonable specificity 
as prescribed in 7 CFR 1.3. All requests to inspect or obtain copies of 
any record or to obtain a fee waiver must be submitted in writing.
    (c) In exercising authority under 7 CFR 1.3(a)(3) to grant and deny 
requests, the Coordinator or designee will comply with subsection (b) of 
the Freedom of Information Act (5 U.S.C. 552(b)), as amended, which 
requires that any reasonably segregated portion of a document will be 
provided to a person requesting the document after deletion of any 
portions within the scope of the request for which an exemption is being 
claimed under the Act. Therefore, unless the disclosable and 
nondisclosable portions are so inextricably linked that it is not 
reasonably possible to separate them, the document will be released with 
the nondisclosable portions deleted. The Coordinator or designee may 
exercise discretion as limited by 7 CFR l.15 to release the entire 
document or make only a minimum number of deletions. If portions of a 
document in electronic format have been redacted, the Agency must 
indicate, on the released portion of the document, the amount of 
information that has been deleted from a record, unless that indication 
would harm an interest protected by an applicable exemption.