[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: 40CFR1601.20]



[Page 916-917]

 

                   TITLE 40--PROTECTION OF ENVIRONMENT

 

       CHAPTER VI--CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD

 

PART 1601_PROCEDURES FOR DISCLOSURE OF RECORDS UNDER THE FREEDOM OF 

INFORMATION ACT--Table of Contents

 

       Subpart C_Procedures for Requesting and Disclosing Records

 

Sec.  1601.20  Requests for records.





    (a) Addressing requests. Requests for records in the possession of 

the CSB shall be made in writing. The envelope and the request both 

should be clearly marked FOIA Request and addressed to: FOIA Officer, 

United States Chemical Safety and Hazard Investigation Board,



[[Page 917]]



2175 K Street, NW, Suite 400, Washington, DC 20037-1809. A request 

improperly addressed will be deemed not to have been received for the 

purposes of Sec.  1601.24(a) until it is received, or would have been 

received with the exercise of due diligence, by the FOIA Officer. 

Records requested in conformance with this section and which are not 

withholdable records may be obtained in person or by mail as specified 

in the request. Records to be obtained in person will be available for 

inspection or copying during business hours on a regular business day in 

the office of the CSB.

    (b) Description of records. Each request must reasonably describe 

the desired records in sufficient detail to enable CSB personnel to 

locate the records with a reasonable amount of effort. A request for a 

specific category of records will be regarded as fulfilling this 

requirement if it enables responsive records to be identified by a 

technique or process that is not unreasonably burdensome or disruptive 

of CSB operations.

    (1) Whenever possible, a request should include specific information 

about each record sought, such as the date, title or name, author, 

recipient, and subject matter of the record.

    (2) If the FOIA Officer determines that a request does not 

reasonably describe the records sought, he or she will either advise the 

requester what additional information is needed to locate the record or 

otherwise state why the request is insufficient. The FOIA Officer will 

also extend to the requester an opportunity to confer with CSB personnel 

with the objective of reformulating the request in a manner which will 

meet the requirements of this section.

    (c) Agreement to pay fees. A FOIA request shall be considered an 

agreement by the requester to pay all applicable fees charged under 

Sec. Sec.  1601.30 through 1601.33 up to $25, unless the requester seeks 

a waiver of fees. The CSB ordinarily will confirm this agreement in an 

acknowledgement letter. When making a request, you may specify a 

willingness to pay a greater or lesser amount.

    (d) Types of records not available. The FOIA does not require the 

CSB to:

    (1) Compile or create records solely for the purpose of satisfying a 

request for records;

    (2) Provide records not yet in existence, even if such records may 

be expected to come into existence at some future time; or

    (3) Restore records destroyed or otherwise disposed of, except that 

the FOIA Officer must notify the requester that the requested records 

have been destroyed or otherwise disposed of.