[Code of Federal Regulations]

[Title 9, Volume 2]

[Revised as of January 1, 2007]

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

[CITE: 9CFR390.5]



[Page 625]

 

                  TITLE 9--ANIMALS AND ANIMAL PRODUCTS

 

     CHAPTER III--FOOD SAFETY AND INSPECTION SERVICE, DEPARTMENT OF 

                               AGRICULTURE

 

PART 390_FREEDOM OF INFORMATION AND PUBLIC INFORMATION--

Table of Contents

 

Sec. 390.5  Request for records.



    (a) The FOIA Coordinator of FSIS is authorized to receive requests 

and to exercise authority under 7 CFR 1.3(a) to--

    (1) Make determinations to grant or deny such requests,

    (2) Extend the 20-day deadline,

    (3) Make discretionary releases of exempt records, except where 

disclosure is specifically prohibited by Executive Order, statute, and 

applicable regulations,

    (4) Consider expedited processing when appropriate,

    (5) Make determinations regarding the charging of fees pursuant to 

the established schedule, and

    (6) Determine the applicability of 7 CFR 1.5 to requests for 

records.

    (b) Requests for FSIS records or information will be made in writing 

in accordance with 7 CFR 1.5 and submitted to the FSIS Freedom of 

Information Act Coordinator at the following address:



Freedom of Information Act Coordinator (FOIA Request), Food Safety and 

Inspection Service, Department of Agriculture, Washington, DC 20250-3700



    The submitter will identify each record with reasonable specificity 

as prescribed in 7 CFR 1.3. All requests to inspect or obtain copies of 

any record or to obtain a fee waiver must be submitted in writing.

    (c) In exercising authority under 7 CFR 1.3(a)(3) to grant and deny 

requests, the Coordinator or designee will comply with subsection (b) of 

the Freedom of Information Act (5 U.S.C. 552(b)), as amended, which 

requires that any reasonably segregated portion of a document will be 

provided to a person requesting the document after deletion of any 

portions within the scope of the request for which an exemption is being 

claimed under the Act. Therefore, unless the disclosable and 

nondisclosable portions are so inextricably linked that it is not 

reasonably possible to separate them, the document will be released with 

the nondisclosable portions deleted. The Coordinator or designee may 

exercise discretion as limited by 7 CFR l.15 to release the entire 

document or make only a minimum number of deletions. If portions of a 

document in electronic format have been redacted, the Agency must 

indicate, on the released portion of the document, the amount of 

information that has been deleted from a record, unless that indication 

would harm an interest protected by an applicable exemption.