[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR5.3]

[Page 31]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 5_PRODUCTION OR DISCLOSURE OF INFORMATION--Table of Contents
 
                      Subpart A_General Provisions
 
Sec.  5.3  Definitions.

    For purposes of this part, the following terms have the meanings 
ascribed to them in this section:
    (a) Records. Records means all books, papers, maps, photographs, or 
other documentary materials, regardless of physical form or 
characteristics made or received by FEMA in pursuance of Federal Law or 
in connection with the transaction of public business and preserved, or 
appropriate for preservation, as evidence of the organization, 
functions, policies, decisions, procedures, operations, or other 
activities of FEMA or because of the information value of data contained 
therein. The term does not include:
    (1) Material made or acquired and preserved solely for reference or 
exhibition purposes, extra copies of documents preserved only for 
convenience of reference, and stocks of publications and of processed 
documents; or
    (2) Objects or articles, such as structures, furniture, paintings, 
sculpture, models, vehicles or equipment; or
    (3) Formulae, designs, drawings, research data, computer programs, 
technical data packages, and the like, which are not considered records 
within the Congressional intent of reference because of development 
costs, utilization, or value. These items are considered exploitable 
resources to be utilized in the best interest of all the public and are 
not preserved for informational value nor as evidence of agency 
functions. Requests for copies of such material shall be evaluated in 
accordance with policies expressly directed to the appropriate 
dissemination or use of these resources. Requests to inspect this 
material to determine its content for informational purposes shall 
normally be granted, unless inspection is inconsistent with the 
obligation to protect the property value of the material, as, for 
example, may be true for patent information and certain formulae, or is 
inconsistent with another significant and legitimate governmental 
purpose.
    (b) Reasonably Described. Reasonably described, when applied to a 
request record, means identifying it to the extent that it will permit 
the location of the particular document with a reasonable effort.
    (c) Agency. Agency, as defined in section 552(e) of title 5 U.S.C., 
includes any executive department, military department, government 
corporation, or other establishment in the executive branch of the 
Government (including the Executive Office of the President), or any 
independent regulatory agency.
    (d) Headquarters FOIA Officer. The FOIA/Privacy Act Specialist or 
his/her designee.
    (e) Regional FOIA Officer. The Regional Director, or his/her 
designee.

[44 FR 50287, Aug. 27, 1979, as amended at 45 FR 1421, Jan. 7, 1980; 51 
FR 34604, Sept. 30, 1986]