[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 44CFR5.3]



[Page 31]

 

              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE

 

 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 

                                SECURITY

 

PART 5_PRODUCTION OR DISCLOSURE OF INFORMATION--Table of Contents

 

                      Subpart A_General Provisions

 

Sec. 5.3  Definitions.



    For purposes of this part, the following terms have the meanings 

ascribed to them in this section:

    (a) Records. Records means all books, papers, maps, photographs, or 

other documentary materials, regardless of physical form or 

characteristics made or received by FEMA in pursuance of Federal Law or 

in connection with the transaction of public business and preserved, or 

appropriate for preservation, as evidence of the organization, 

functions, policies, decisions, procedures, operations, or other 

activities of FEMA or because of the information value of data contained 

therein. The term does not include:

    (1) Material made or acquired and preserved solely for reference or 

exhibition purposes, extra copies of documents preserved only for 

convenience of reference, and stocks of publications and of processed 

documents; or

    (2) Objects or articles, such as structures, furniture, paintings, 

sculpture, models, vehicles or equipment; or

    (3) Formulae, designs, drawings, research data, computer programs, 

technical data packages, and the like, which are not considered records 

within the Congressional intent of reference because of development 

costs, utilization, or value. These items are considered exploitable 

resources to be utilized in the best interest of all the public and are 

not preserved for informational value nor as evidence of agency 

functions. Requests for copies of such material shall be evaluated in 

accordance with policies expressly directed to the appropriate 

dissemination or use of these resources. Requests to inspect this 

material to determine its content for informational purposes shall 

normally be granted, unless inspection is inconsistent with the 

obligation to protect the property value of the material, as, for 

example, may be true for patent information and certain formulae, or is 

inconsistent with another significant and legitimate governmental 

purpose.

    (b) Reasonably Described. Reasonably described, when applied to a 

request record, means identifying it to the extent that it will permit 

the location of the particular document with a reasonable effort.

    (c) Agency. Agency, as defined in section 552(e) of title 5 U.S.C., 

includes any executive department, military department, government 

corporation, or other establishment in the executive branch of the 

Government (including the Executive Office of the President), or any 

independent regulatory agency.

    (d) Headquarters FOIA Officer. The FOIA/Privacy Act Specialist or 

his/her designee.

    (e) Regional FOIA Officer. The Regional Director, or his/her 

designee.



[44 FR 50287, Aug. 27, 1979, as amended at 45 FR 1421, Jan. 7, 1980; 51 

FR 34604, Sept. 30, 1986]