[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: 40CFR1601.24]



[Page 918-919]

 

                   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.  1601.24  Timing of responses to requests.



    (a) In general. The CSB ordinarily shall respond to requests 

according to their order of receipt.

    (b) Multitrack processing. (1) The CSB may use two processing tracks 

by distinguishing between simple and more complex requests based on the 

amount of work and/or time needed to process the request, including 

according to limits based on the number of pages involved. If the agency 

does so, it shall advise requesters assigned to its slower track of the 

eligibility limits for its faster track.

    (2) The agency may provide requesters in its slower track with an 

opportunity to limit the scope of their requests in order to qualify for 

faster processing within the specified limits of the agency's faster 

track. If it does so, the agency will contact the requester either by 

telephone or by letter, whichever is most efficient in each case.

    (c) Unusual circumstances. (1) Where the time limits for processing 

a request cannot be met because of unusual circumstances and the CSB 

determines to extend the time limits on that basis, the agency shall as 

soon as practicable notify the requester in writing of the unusual 

circumstances and of the date by which processing of the request can be 

expected to be completed. Where the extension is for more than ten 

working days, the CSB shall provide the requester with an opportunity 

either to modify the request so that it may be processed within the time 

limits or to arrange an alternative time period for processing the 

request or a modified request.

    (2) Where the CSB reasonably believes that multiple requests 

submitted by a requester, or by a group of requesters acting in concert, 

constitute a



[[Page 919]]



single request that would otherwise involve unusual circumstances, and 

the requests involve clearly related matters, they may be aggregated. 

Multiple requests involving unrelated matters will not be aggregated.

    (d) Expedited processing. (1) Requests and appeals will be taken out 

of order and given expedited treatment whenever it is determined that 

they involve:

    (i) Circumstances in which the lack of expedited treatment could 

reasonably be expected to pose an imminent threat to the life or 

physical safety of an individual;

    (ii) An urgency to inform the public about an actual or alleged 

Federal government activity, if made by a person primarily engaged in 

disseminating information;

    (iii) The loss of substantial due process rights; or

    (iv) A matter of widespread and exceptional media interest in which 

there exists possible questions about the government's integrity which 

affect public confidence.

    (2) A request for expedited processing may be made at the time of 

the initial request for records or at any later time.

    (3) A requester who seeks expedited processing must submit a 

statement, certified to be true and correct to the best of that person's 

knowledge and belief, explaining in detail the basis for requesting 

expedited processing. For example, a requester within the category in 

paragraph (d)(1)(ii) of this section, if not a full-time member of the 

news media, must establish that he or she is a person whose main 

professional activity or occupation is information dissemination, though 

it need not be his or her sole occupation. A requester within the 

category in paragraph (d)(1)(ii) of this section also must establish a 

particular urgency to inform the public about the government activity 

involved in the request, beyond the public's right to know about 

government activity generally. The formality of certification may be 

waived as a matter of administrative discretion.

    (4) Within ten calendar days of its receipt of a request for 

expedited processing, the CSB shall decide whether to grant it and shall 

notify the requester of the decision. If a request for expedited 

treatment is granted, the request shall be given priority and shall be 

processed as soon as practicable. If a request for expedited processing 

is denied, any appeal of that decision shall be acted on expeditiously.

    (e) Appeals. A written determination on an appeal submitted in 

accordance with Sec.  1601.23 will be issued within 20 working days 

after receipt of the appeal. This time limit may be extended in unusual 

circumstances up to a total of 10 working days after written notice to 

the requester setting forth the reasons for the extension and the date 

on which a determination is expected to be made. As used in this 

paragraph, unusual circumstances means that there is a need to:

    (1) Search for and collect the requested records from facilities 

that are separate from the office processing the request;

    (2) Search for, collect, and appropriately examine a voluminous 

amount of separate and distinct records which are demanded in a single 

request; or

    (3) Consult with another agency having a substantial interest in the 

determination of the request, or consult with various offices within the 

CSB that have a substantial interest in the records requested.

    (f) When a determination cannot be mailed within the applicable time 

limit, the appeal will nevertheless be processed. In such case, upon the 

expiration of the time limit, the requester will be informed of the 

reason for the delay, of the date on which a determination may be 

expected to be mailed, and of that person's right to seek judicial 

review. The requester may be asked to forego judicial review until 

determination of the appeal.