[Code of Federal Regulations] [Title 40, Volume 31] [Revised as of July 1, 2006] From the U.S. Government Printing Office via GPO Access [CITE: 40CFR1515.5] [Page 899-900] TITLE 40--PROTECTION OF ENVIRONMENT CHAPTER V--COUNCIL ON ENVIRONMENTAL QUALITY PART 1515_FREEDOM OF INFORMATION ACT PROCEDURES--Table of Contents Sec. 1515.5 How to make a Freedom of Information Act request. (a) The Chairman has appointed a Freedom of Information Officer who will be responsible for overseeing the Council's administration of the Freedom of Information Act and for receiving, routing, and overseeing the processing of all Freedom of Information requests. The Chairman has also appointed an Appeals Officer who is responsible for processing any appeals. (b) Requesting information from the Council. (1) When you make a Freedom of Information Act request to the Council, the Freedom of Information Officer shall decide how to respond to--or ``make an initial determination on''--your request within 10 working days from the date the Officer receives the request. The Freedom of Information Officer will then provide you with written notification of the determination. (2) You can make a Freedom of Information Act request by writing a letter which states that you are making a Freedom of Information Act request. Address your letter to: Freedom of Information Officer, Council on Environmental Quality, Executive Office of the President, 722 Jackson Place NW., Washington, DC 20006. (3) In your request you should identify the desired record or reasonably describe it. The request should be as specific as possible so that the item can be readily found. You should not make blanket requests, such as requests for ``the entire file of'' or ``all materials relating to'' a specified subject. (4) The Council will make a reasonable effort to assist you in defining the request to eliminate extraneous and unwanted materials and to keep search and copying fees to a minimum. If you have budgetary constraints and anticipate that your request might be costly you may wish to indicate the maximum fee you are prepared to pay for acquiring the information. (See Sec. 1515.15(c) also.) (5) The 10 day period for making a determination on a request will begin when the records reqested are specified or reasonably identifiable. (6) Despite its name, the Freedom of Information Act does not require a government agency to create or research information that you would like or that you may think the agency should have. The Act only requres that existing records be made available to the public. (c) Council's response to a request. (1) Upon receipt of any request under the Act, the Freedom of Information Officer shall direct the request to the appropriate staff member at the Council, who will review the request and advise the Freedom of Information Officer as soon as possible. (2) If it is appropriate to grant the request, the staff member will immediately collect the requested materials in order to accompany, wherever possible, the Freedom of Information Officer's letter notifying you of the decision. [[Page 900]] (3) If your request is denied, in part or in full, the letter notifying you of the decision will be signed by the Freedom of Information Officer, and will include the names of any other individuals who participated in the decision. The letter will include the reasons for any denial and the procedure for filing an appeal. (d) Appeals. (1) If you are not satisfied with the response you have received from the Freedom of Information Officer, you may ask the Council to reconsider the decision. You should explain what material you still wish to receive, and why you believe the Council should disclose this to you. This is called an ``appeal.'' You must make you appeal within 45 days of the date on the letter which denied your request. (2) You can make an appeal by writing a letter to: FOIA Appeals Officer, Council on Environmental Quality, Executive Office of the President, 722 Jackson Place NW., Washington, DC 20006. (3) Your letter should specify the records being requested and ask the Appeals Officer to review the determination made by the Freedom of Information Officer. The letter should explain the basis for the appeal. (4) The Appeals Officer shall decide the appeal--or ``make a final determination''--within 20 working days from the date the Officer receives the appeal. The Appeals Officer (or designee) will send you a letter informing you of the decision as soon as it is made. If the Appeals Officer denies your request, in part or in whole, the letter will also notify you of the provisions for judicial review and the names of any persons who participated in the final determination of the appeal. (e) Extending the Council's time to respond. In unusual circumstances, the time limits for response to your request (paragraphs (b) and (d) of this section) may be extended by the Council for not more than 10 working days. Extensions may be granted by the Freedom of Information Officer in the case of initial requests and by the Appeals Officer in the case of any appeals. The extension period may be split between the initial request and the appeal but may not exceed 10 working days overall. Any extension will be made or confirmed to you in writing and will set forth the reasons for the extension and the date that the final determination is expected. The term ``unusual circumstances'' means: (i) The need to search for and collect the requested records from * * * establishments that are separate from the office processing the request; (ii) The need to search for, collect, and appropriately examine a voluminous amount of separate and distinct records which are demanded in a single request; or (iii) The need for consultation, 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 agency having substantial subject-matter interest therein. (5 U.S.C. 552(a)(6)(B)) Availability of Information