[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: 40CFR1601.25]



[Page 919-920]

 

                   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.  1601.25  Disclosure of requested records.



    (a) The FOIA Officer shall make requested records available to the 

public to the greatest extent possible in keeping with the FOIA, except 

that the following records are exempt from the disclosure requirements:

    (1) Records specifically authorized under criteria established by an 

Executive Order to be kept secret in the interest of national defense or 

foreign policy and which are, in fact, properly



[[Page 920]]



classified pursuant to such Executive Order;

    (2) Records related solely to the internal personnel rules and 

practices of the CSB;

    (3) Records specifically exempted from disclosure by statute (other 

than 5 U.S.C. 552(b)) provided that such statute requires that the 

matters be withheld from the public in such a manner as to leave no 

discretion on the issue or that the statute establishes particular 

criteria for withholding information or refers to particular types of 

matters to be withheld;

    (4) Records containing trade secrets and commercial or financial 

information obtained from a person and privileged or confidential;

    (5) Interagency or intra-agency memoranda or letters which would not 

be available by law to a party other than an agency in litigation with 

the CSB;

    (6) Personnel and medical files and similar files the disclosure of 

which would constitute a clearly unwarranted invasion of personal 

privacy;

    (7) Records or information compiled for law enforcement purposes, 

but only to the extent that the production of such law enforcement 

records or information:

    (i) Could reasonably be expected to interfere with enforcement 

proceedings;

    (ii) Would deprive a person of a right to a fair trial or an 

impartial adjudication;

    (iii) Could reasonably be expected to constitute an unwarranted 

invasion of personal privacy;

    (iv) Could reasonably be expected to disclose the identity of a 

confidential source, including a State, local or foreign agency or 

authority or any private institution which furnished information on a 

confidential basis, and in the case of a record or information compiled 

by criminal law enforcement authority in the course of a criminal 

investigation or by an agency conducting a lawful national security 

intelligence investigation, information furnished by a confidential 

source;

    (v) Would disclose techniques and procedures for law enforcement 

investigations or prosecutions, or would disclose guidelines for law 

enforcement investigations or prosecutions if such disclosure could 

reasonably be expected to risk circumvention of the law; or

    (vi) Could reasonably be expected to endanger the life or physical 

safety of any individual.

    (8) Records contained in or related to examination, operating, or 

condition reports prepared by, or on behalf of, or for the use of an 

agency responsible for the regulation or supervision of financial 

institutions;

    (9) Geological or geophysical information and data, including maps, 

concerning wells.

    (b) If a requested record contains exempted material along with 

nonexempted material, all reasonably segregable nonexempt material shall 

be disclosed.

    (c) Even if an exemption described in paragraph (a) of this section 

may be reasonably applicable to a requested record, or portion thereof, 

the CSB may elect under the circumstances of any particular request not 

to apply the exemption to such requested record, or portion thereof, 

subject to the provisions in Sec.  1601.26 for confidential business 

information. The fact that the exemption is not applied by the CSB to 

any requested record, or portion thereof, has no precedential 

significance as to the application or non-application of the exemption 

to any other requested record, or portion thereof, no matter when the 

request is received.