[Code of Federal Regulations]
[Title 40, Volume 31]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1601.20]

[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.  1601.20  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 919]]

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.